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04/07/1970 - City Council Regular
M'~:~iiJTLS OF A Z3GULAR MEETING OF '~'iiF: BOARD OF SUPERVISORS TOWN OF EAGAN, DAKOTA CQiJY~TY, MINNFSGTA April 7, 1970 A regular meeting of the Board of Supervisors of the Town of Eagan, Dakota County, Minnesota was held at the Town Hall on April 7, 1970 at which all members were present. At 7:00 o'clock P.P3., the Board met with representatives of the Fire Department concerning Fire Department business. A letter was submitted by the Department concerning the proposed acquisition of att additional Fire Hall including land and building; proposed acquisition of a fire truck pumper and grass fire rig; and a plan for full-time Fire-Police dispatching. It was determined that a meeting with the Rauenhorst Corporation officials be arranged to discuss the possible lease of a building and acquisition of land for a Fire Hall and, further that a meeting with the Town Fiscal Con- sultant be scheduled. At 8:00 o'clock P.M., the Chairman announced the commencement of the regv.lar meeting. The Minutes of the previous meeting were approved With the request by Supervisor Uselmann that on Page 2 thereof of the Minutes c~: March 24, 1970 that the agreement with Mr. John Voss relative to park planning be changed to provide that the $2,000 fee not include preparation of application for federal funds. Upon motion by Supervisor Rahn, seconded by Supervisor Uselmann, the Minutes as corrected, were approved. Upon motion by Chairman Klein, seconded by Supervisor Rahn, it was RESOLVED that the following expenditures by the Fire Department be approved: $400.00 for delegates to the State Convention in Fairmont, $225.00 for attendance at the State Fire School and $75.00 for costs at a special fire class. Mr. Bill Branch appeared requesting the expenditure of $100.00 for trio utility men to attend the University General Extension Division Watez End Waste Water Co..ference beginning April 7'i, 1970. Upon motion by Supervisor Rahn, second©d by Supervisor Uselmann, it was RESOLVED that the expenditure be approved. Supervisor Uselmann indicated that park plans had now been turned over to Mr. John Voss, the Park Consultant. A representative of the Eagan J. G.'s appeared requesting that the land next to the Valley National Bank be permitted to be used for the Fourth of July celebration. It was requested that the J. C. 's receive a letter from the bank consenting to the arrangement. Upon motion by Supervisor Uselmann, seconded by ,Supervisor Rahn, it was RESOLVED that a residential building permit be granted to Ed Kolstad on a 5 acre parcel North of Fish Lake on property formerly owned by Jerry Hagemeister fora 24` x 52' residence with the understanding that Mr. Kolstad agrees to grant a 30 foot easement on the East line of the Kolstad praperty for future street purposes. Upon motion by Supervisor Rahn, seconded by Chairman Klein, it was RESOLVED that the request of Rauenhorst Corporation for a grading permit fcY the proposed Red Owl Store's warehouse on V,ankee Doodle Road in proposed Eagandale No. 4 consisting of 185,000 sq. foot warehouse with 8,400 sq. foot office be, and it hereby is, approved. Mr. Don Christenson appeared on behalf of the application of Harry Deer for approval of a preliminary plat far Deer Addition and for rezoning from A, Agricultural to R-1, Residential of a 1/3 acre parcel on Highway #30 near the DCEG substation in Section 23. The APC recommended a~+proval. The Chairman read a letter from Mr. E. C. Herman, the owner of the praperty to the East, objecting to the application. After considerable discussion, upon motion by Supervisor Uselmann, seconded by Supervisor Ra~,n, it was RESOLVED Chat said applications far rezoning and preliminary plat approval be, and they hereby are, approved. TJpen raotLon by Supervisor i~r,n, seconded by Chairman Klein, it was RESOLVED that the trailer permit be issued under the hardship clause to Edmund Schwanz for use by his parents on a parcel South of Yankee Doodle Road with the understanding that it not be used for rental purposes and further that it expire after the proposed occupants no longer use it as a residence. <~ Mr. James Frisbee appeared on behalf of his application to rezone r'r'==~ ' ~t~,... from A, Agricultural to R-1, Residential and for preliminary glat approval ~~ of the Peter Jurek property located on Cliff Road, being the W~ of tY~e SE4 0;. Section 27. The APC recommended approval. The Chairman read the Minutes ci the APC meeting of February 24, 1970 concerning stipulations relative to recommendation for approval of the plat. The Park Committee recommended th~~. 5 acres be designated for park purposes and that a monetary contribution be made in the amount of a comparable value for three lots to be determined by the Township at a future time. No decision as to the location of the proposed park was made but two potential sites were discussed. Upon motion by Chairr~:3xi Xlein, seconded by Supervisor Uselmann, aye Supervisor Rahn, it was RESOLV~;D that said applications for rezoning and preliminary plat approval be, and thejr hereby are, approved subject to the APC recommendations. The Board also discussed the plan for the road on the North line of the Frisbee property running Westerly to Pilot Knob Road. An alignment and approved grade recommendation made by the Town Engineer subject to an amend- went to provide that the right-of-way be outside of the towers, was upon motion by Chairman Klein, seconded by Supervisor Rahn, approved. Upon motion duly made and seconded, it was RESOLVED that the application for building permit by Steinar Corporation for the reconstruction. of its office building on Highway X13 in Sibley Terminal Industrial Park be, and it hereby is, approved. Mr. Otto Schmid and Mr. E. F. Kniesel appeared on behalf of the application of Mrs. Anna Heuer and Metro Associates, Inc. to rezone the SEA of the SF~ of Section 21 consisting of 40 acres at the NW corner of Pilot Knob Road and Highcaay ~~'30 from A, Agricultural eo R-6 and C-1. The APC recommended denial. The Chairman read the I~iinutes of the APC meeting of February 24, 19?0 concerning the application. It was noted that underground parking was proposed, that the applicant now proposed public streets in the subdivision if required by the Town and that the applicant would be willing to dedicate easements necessary for sanitary sewer trunk lines. Numarous neighboring property en+niers appeared objecting to the application. Questior.~: arose concerning added traffic and the potentially dangerous proposed exits on Highways X30 and X31 and the adequacy of Police protection for the pro- posed development. The developer indicated that they would proceed with development upon approval and at the time that the utilities are available. Upon motion by Supervisor Uselmann, seconded by Supervisor Rahn, it was RESOLVED that the application be de„_., n, ied on the basis of the reasons laid out in the Planning Committee rlinutes of February 24, 1970, including the fact that the proposal does not fit the Planning Committee guidelines; that the timing of the development did not appear to be appropriate and the safety factors concerning the proposed road exits from the property. Chairman Kl~:ir~. abstained. The application of K. W. McKee Company for building permit for an addition to its warehouse on Highway X55 was next presented. It was noted that the APC recommended approval. Mr. Sack Dietrich appeared nn behalf of the applicant. It was noted the building would be 200' x 200', approximate l; $150,000 valuation. The Engineer recommended approval. Upon motion by Chairman Klein, seconded by Supervisor Uselmann, it was RESOLVED that the application be approved, subject however to relocation of the sewer and water lines on the applicant's property at the applicant's cast. Upon motion by Chairman Klein, seconded by Supervisor Uselmann, aye Supervisor Rahn, it was RESOLVED that a hearing concerning the proposed vacation of a portion of the easement on the K. W. 21cKee property be, and it hereby is, scheduled for May 5, 1970 at a:00 o'clock P.M. at the Town Hall with the understanding that the cost of the vacation be borne by the applicant. It was noted that Mr. Robert Lensmeier was not present to discuss the request that the by-pass detector for the sprinkler system under Ordina:~ce ~~20 be waived for the Villaume Box Company property in Eagandale Center In- dustrial Park No. 2. The Town Engineer and Utility Supervisor recommended that the requirement be retained and the Board indicated approval of the Ordinance provision. Upon motion by Chairman Klein, seconded by Supervisor Uselmann, aye Supervisor Rahn, it was RESOLVED that the hearing on the application of John Reid to rezone from A•, Agricultural to R-6, Multiple Residential part of the N'~ of the S~ of the SEA of Section 16, lying West of proposed I-35E containing 35 $cres be; and it hereby is, scheduled for May 5, 1970 at 8:00 o'clock P.M. at the Town Ha 11. The Board then reviewed the recommendation of the Planning Commiti:~e that Texaco, Inc. be notified that no further building requests will be grantc• in the Town of Eagan for Texaco Service Stations until the road near the intersection of Cedar Avenue and Highway ~k13 be brought up to Town standard3 and maintained properly. Upon motion by Chairman Klein, seconded by Super- visor Rahn, aye Supervisor Uselmann, it was RESOLVED that the Town Attorney forward a letter to Texaco, Inc. indicating that the road described above is in a hazardous condition for public use and that if the road is not maintained properly that the Board will review the special use permit for the Texaco station at that location because of access problems and if a satisfactory response is not mailed upon receipt of the letter from the Town Attorney and further if satisfactory action is not completed within three months of the receipt of the letter that the Board will determine whether the special use permit shall be revoked. -'~- Upon motion by Chairman Klein, seconded by Supervisor Uselmann, aye Supervisor Rahn, it was RESOLVED that Project Aio. 213, Part 2, consisting of gravel base in Eagandale Industrial Park No. 1 be, and it hereby is, consoli- dated into and made a part of Che $450,000 1969 utility bond issue. Upon motion by Chairman Klein, seconded by Supervisor Rahn, aye Supervisor Uselmann, it was RESOLVED that Change Order No. 2 to Project No. ~rl consisting of sewer and water extensions in Eagandale Center Industrial Part: No. 3 in the sum of $22,050.05 be, and it hereby is, approved. Upon motion bq Chairman Klein, seconded by Supervisor Uselmann, it was RESOLVED that the Town officials be authorized to execute the releasa of right-of-way forms submitted by Williams Brothers Pipeline Company covering Yankee Doodle Well Site Property. The Town Attorney was requested to contact General Beverages Company concerning the proposed park site adjacent to McKee Addis ion with the understanding that a lease be set up with General Beverages providing that the Town have the option to revoke the lease. The Clerk listed the following Planning Committee members terms as follows: Name Thomas Diffley Jon Marble Roger Sperling Rerbert Polzin William Rydrych Theodore Wachter Donald Christenson Expiration Date 4/1/69 4/1/69 4/1/69 4!1/70 411/70 4/1/70 4/1/70 Chairman Klein moved that member Sperling not be appointed to an additional term on the Planning Committee and that Dan Gustafson be appointed as the replacement. The motion died for lack of a second. Upon motion by Supervisor Uselmann, seconded by Supervisor Rahn, it was RESOLVED that Diffley, Marble and Sperling be reappointed for a two- year term retroactive to April 1, 1969. Chairman Klein voted No for Sperling -~- and Aye for Marble and Diffley. Upon notion by Chairman Klein, seconded by Supervisor Icahn, it was RESOLVED that Polzin, Christenson, t-lachter and Rydrych be reappointed on the Planning Committee for two-year terms commencing April 1, 1970. Supervisor Uselmann abstained. It was announced that John Klein was elected Chairman of the Board of Supervisors for the coming year by written ballot vote. The Board discussed the Park Committee membership and determined that a review would be made at a subsequent meeting. Upon motion by Chairman IClein, seconded by Supervisor Rahn, it was RESOLVED that Dr. Erickson be reappointed health officer for a term of one s,nuti. The Tawn Engineer submitted the plans and specifications for Improvement Project X49, Part 1, consisting of sewer and water extensions in Kollofslci's Plat and Harvey Addition area which upon motion by Supervisor F~ahn, seconded by Supervisor Uselmann, aye Chairman Klein, were approved and accepted and directed the Cleric to publish a Notice to Bidders which bids shall be received and opened on May 5, 1970 at 3:00 o'clock P.M. at the Town Hall. Upon motion by Supervisor Uselmann, seconded by Supervisor Rah:i, aye Chairman Rlein, it was RESOLVED that the pans and specifications for the 5 million gallon water reservoir consisting of Improvement Project X50, Part 2, located on Yankee Doodle Road be, and they hereby are, approved and that the Cleric be instructed to publish a Notice of Bids to be received and opened at the Town Hall on 2~Lay 5, 1970 at 3:00 o'clock P.M. The Town Engineer then presented a letter proposed to be directed to the District ~~9 Engineer concerning the proposed I-35E for formal pre- sentation at the hearing at Metcalf School on April C, 197x. The Town Engineer presented a report concerning the alignment pro- posed by Dakota County Electric Cooperative far electric lines on Blaclciiawk Road. No action was taken. _~. A letter was read from Rauenhorst Corporation requesting the in- stallation and the assessment of ornamental street lighting in Eagandale Center Industrial Park No. 1. The matter was turned over to the Town Engineer and Town Attorney for recommendation. A letter from Dakota County concerning County spraying service along County roads amounting to $13.00 per mile was read with no action being taken. lion motion by Supervisor Rahn, seconded by Supervisor Uselmann, it was RESOLVED that Cedar Grove Construction Company be granted a building permit for a model home at 1770 Serpetine Drive. The request from Roger Weierke for special use permit and for building permit for an addition to his commercial building consisting of 60 ft. x 7S ft. on old Dodd Road and Ciiff Road was next presented. The Clerk was instructed to review the matter and the APC Wae Viso requested to review the application. Upon motion by Supervisor Uselmann~, seconded by Supervisor Rahn, aye Chairman Itlein, iC was RESOLVED that the application for temporary sign permit by Central Warehouse Company for location on their property consisr_in? of Lot 14, Block 5, Eagandale Center Industrial No. 1 be, and it hereby is, approved. Upon motion by Chairman Klein, seconded by Supervisor Uselmann, ay Supervisor Rahn, it was RESOLVED that the agreement with Marlc Hurd for topographical maps be, and it hereby is, approved and ordered executed. The Town Engineer recommended that the Performance Bond for the Fischer Gravel Pit South of Yankee Doodle Road on Gopher Smelting property not be released until proper reshaping of the banks be completed to the Town'., standards. The Town Engineer was requested to write a letter to Fischer Ccna.truction Company and the bonding company explaining what work is left to be done. -8- Upon emotion by Chairman Klei~z, seconded by Supervisor Uselmann, aye Supervisor Rahn, it was RESOLVED that the Cleric be authorized to disburse $2,500.00 to Martin Shields for payment pursuant to the agreement concerning easement credits over his land. It was noted that the Minnesota Bureau of Mediation Services has scheduled a hearing concerning the request for certification by International Union of Operating Engineers Local X49 covering the Utility Department emplo;~~-. for April 16, 1970 at 10:00 o'clock A.M. at the Town Hall. Upon motion, the bills were ordered paid. Upon motion, the meeting adjourned. Dated: April 7, 1970 Town Clerk -9-