05/05/1970 - City Council RegularMINUTES OF A PEGUL~~R MEETING OF TtiL BOARD OF SUPERVISORS
.TOWN OF EAGAN, DAKOTA COUNTY, DIINNESOTA
A regular meeting of the Board of Supervisors of the Town of Eagan,
Dakota County, Minnesota was held at the Town Ha11 on May 5, 1970, at which
all members were present.
At 7:00 o'clock P. M. the Board reviewed with a representative of the
CounXq Assessor certain abatement recommendations covering real estate taxes
in Eagan Township according to the list attached hereto. After considerable
review and upon motion by Klein, seconded by Rahn, aye Uselmann, it was RESOLVED
cha~ the abatement recommendations be, and they hereby are, approved, subject
to the following:
a. The motion as to the Haldur Goetzke application was upon motion
'bq Rahn, seconded by Uselmann, Klein abstaining, approved.
b. The Roy Reugger application was approved subject to a redeterminatifon
of the actual number of acres in the parcel taken for road purposes.
The minutes of the April 27, 1970 meeting were approved as distributed
and upon motion duly made and seconded, the minutes of the April 21, 1970 regular
Board meeting were approved with the exception that on page 1, the correct nama
of the road East of I35E should be Blackhawk Hills Road rather than Blaclchawk
Point.
tor. Bi11 Branch appeared and explained that Jerome Gulsvig had resigned
from the Utility Department on Monday, May 4th. Mr. Branch was req:~ested to
review the applications for positions on file with the Utility Department and
to report to the Board on recomm~endations.
The application of Chicago Tube and Iron Company for building permit
on Lot 5, Bloxk 5, Eagandale No. 1 was next presented. The APC recommended
approval. Upon motion by Klein, seconded by Rahn, it was RESOLVED that the
application be approved subject to the receipt of a stamped set of plans and
-1-
further subject to the understanding that there would be no heavy industrial
fabrication on the property.
Upon motion by Mein, seconded by Uselmann, it was RESOLVED that the
hearing on the application of John Reid and Edward Reid to rezone from A,
Agricultural to R-6, Multiple Residential part of the N~ of the SZ of the SE's
of Section 16 lying West of proposed I35E, be rescheduled from May 5, 1970 at
8:00 P.M. to May I9, 1970 at 8:00 P. M.
The Chairman then announced the convening of the hearing of the vacation
of an easement over the McKee Incorporated property on Highway X55. The Town
Attorney indicated that the request for petition has been submitted by the
property owner requesting that the location of the line be changed due to a
building addition on the McICee Incorporated property and that the cost of the
vacation is to be made at the cost of the petitioner. Upon motion by Rlein,
seconded by Rahn, aye Uselmann, it was RESOLVED that the Board be on record
approving the vacation of said easement pursuant to legal aotice.
Upon motion by Klein, seconded by Uselmann, it was RESOLVED that the
application of Roger Weireke for building percait for coamnercial building on
Dodd Rnad and Cliff Road be continued until the applicant submits his plans
and specifications.
Mr. Leroy Lindbloom appeared on behalf of the application of Northern
Propane Gas Company for a building permit for a warehouse, 40' x 64', on its
property near Cedar Avenue and Highway No. 13. After review, the Board requested
the applicant submit assurance in writing from the Minnesota Highway Degartment
Chat the location of the building will not conflict with the proposed Ce.~.ar
Avenue free*aay and further that the building inspector determine whether there
is a conflict with the Uniform Building Code as to the grant of the permit for a
pole building.
The application of D.C.R. Company for a building permit for Goodyear
Tire Center in Cedarvale was aext submitted. The APC recoamended approval.
-2 -
The Chairman also entertained the application of D.C.R. Company for building
permit for Mr. Steak Restaurant in Cedarvale Shopping Center which had been
recommended for approval by the Pla3~ning Coumtittee. After cdns~.derable dis-
cussion with the Fite Chief, the Utilities Supervisor and the. Town Engineer,
upon motion by Klein, seconded by Uselmann, stye Rabb, it was RESOLVED that the
applications be deferred until the applicants: a) Furnish to the town as as
built plan of the water system in the Cedarvale Shopping Center; b) Submit
a report as to the adequacy of the water system for fire protection purposes
including report from the Bureau of Fire Underwriters; and c) Furnish a
d~.ily pumping record from Cedar Grove Utilities Company for the past year for
the Cedar Grove water system.
Mr. Thomas Pederson appeared on behalf of the application of Twin City
Aircraftsmen Local 1833 Inc. for building permit for Lots 17 and 18, Block 3,
Eagandale No. 1. Various residents in Country Home Heights appeared objecting
to the use of the parcels for the purpose requested. ~t was noted there were
no detailed pins for the building; that a variance would be required far parking
in the front of the building according to the layout; that the applicant had,
indicated that it had intended to rent the auditorium for meetings and dances
by other groups; and that there is a potential need for a special use permit
for uses other than those permitted under the R & D zoning category. The Board
reviewed the Planning Committee minutes and upon motion by Uselmann, seconded
by Rahn, aye Klein, it was RESOLVED that the Board deny the application Ear the
reasons above including the fact that the proposed use did not appear to conform
with the definition of the Research and Development zoning.
The Board then reviewed the proposed change to Ordinance ~6 that had
been presented to the Planning Committee and submitted by the Town Attorney
relative to acquiring access for public street for any new residential parcel
in the Town. The Board indicated that it had reviewed the matter periodically
over the years and had requested that an amendment to the zoning ordinance be
-3-
drafted to provide for such a change some months ago. The Board further
cited examples of refusing residential building permits where no access
to public road in non-residential areas was available. Aftef considerable
discussion, up~in motion by Uselmann, seconded by Rahn, aye Klein, it was
RESOLVED that said amendment be adopted and that the Clerk be directed to
publish a copy in the newspaper.
Mr. A. E. Laurent and Mr. James Diffley appeared concerning the
request for a building permit and trailer permit on a 5 acre parcel of land
near Dodd Road formerly owned by Ed Schwanz. The APC recommended approval,
subject to the condition of the grant of an easement for street purposes.
The Board explained to Mr. Laurent the importance of determining the road
grade in the area for future road improvements and the potential increase
in cost. The Board further explained that it would approve the building
permit foie Mr. Laurent with the understanding that his application for
building permit had been submitted prior to the adoption of the revision
in the zoning ordinance but that no further building permits would be
granted unless compliance with the ordinance was made. Mr. Laurent
decided to review the proposal and make a determination as to his applica-
tion.
Mr. Duane North appeared with a petition from property owners
abutting the street adjacent to Lot 1, Post Addition No. 1, requesting that
s portion of the street be vacated and a cul de sac be installed. The
Engineer discussed proposed sewer and water facilities in the street.
The Engineer further suggested that 90 feet surfacing on the cul de sac
be installed. Upon motion by Uselmann, seconded by Rahn, aye Klein, it
was RESOLVED that public hearing concerning the vacation of the street be
an9 it hereby is scheduled for June 2, 1970 at 8:00 P.M. at the Town Hall,
wits the understanding that the petitioners shall pay all costs including
-4-
the cost of the vacation prdcedding and the cost of preparation of the
new easement.
The application of Central Warehouse Company for building permit
on Lots 13 and 14, Block 5, Eagandale No. 1 was next reviewed. The
estimated cost will be $1,500,000.00, 1281' ~c 249', Upon motion by Rahn,
seconded by Uselmann, aye Klein, it was RESOLVED that said application be
and it hereby is approved subject to submission of an application; further
subject to recommendation of the Town Engineer and further thaC a variance
from the side yard set back on the Southeasterly side be granted pursuant
to the plans.
A public hearing on the application of Edmund Schwanz and Land
Planning and Engineering Corp. to rezone from A, Agricultural to R-b,
Multiple Residential, 35 acres in the N'~ of the NEB of Section 14 on
Yankee Doodle Road was upon motion by Uselmann, seconded by Rahn, aye
Klein, scheduled for June 2, 1970 at 8:00 P,M. at the Town Ha11.
Upon motion by Klein, seconded by Uselmann, it was RESOLVED that
a public hearing concerning the application of Richard Dierenfield to
t`eplat Lot 16, Block 5, Oslund Timberline Addition and an adjacent parcel
~s niei'enfield Addition be set fo.r June 2, 1970 at 8:00 P.M. at the Town
Hall. ~~ie APC recommended approval subject to conditions. It was noted
that the tezdhing did not appear to be necessary.
The Tbwtt Attorney presented a proposed Rubbish Hauling Ordinance,.
Upon mot~.ott by Rahn, s~cdndeii by+ Vseltaann, aye Klein, it was RESOLVED
that said Ord~.nattc~e be and ft ~~r~by is adopted and that the Clerk be
ordered to ptibiish the Ordinance with the understanding that the required
license run front April 1st of each year to the following March 31st.
Upon motion by Rahn, seconded by Uselmann, aye Klein, it was
RESOLVED that the Assessment Committee minutes of April 21, 1970 be and
-5-
they hereby are approved. Upon further motion, it was RESOLVED that the
recommen3ation of the Assessment Committee meeting of April 28th, 1970
relative to the appeal of 4lilliam F. Cartwright from the 1969 sanitary
sewer trunk assessment in Section 10 be settled on the basis that 11~ acres
of lake and pond on the Cartwright property be stricken from the assessment
and further that a 260 ft. credit on Lone Oak Road for the property owner
for future sanitary sewer and water laterals be granted in return for the
dedication of the ponding area in LeMay Lake and also the pond on the
Cartwright property to the North of L~May Lake.
The Town Attorney indicated that he has been in contact with
Mr. Denk and the attorney for General Beverages Company concerning the
proposed park agreement in Eagandale No. 2 but that the agreement has not
been ratified as yet.
The following improvement project action was taken:
a. Project 49, Part 1, lateral sanitary sewer and water improvements.
Upon motion by Uselmann, secs
the bids that were opened at
they hereby are received and
the bids and present them to
bids is attached hereto.
b. Project 39, Part
ended by Rahn, aye Klein, it was RESOLVED that
3:00 P.M. on May 5th at the Town Hall be and
that the Town Engineer be directed to tabulate
the Board at a later time, a copy of cahich
B, Road Improvements - Four Oaks and Coachman's
Road. Upon motion by Rahn, seconded by Klein, aye Uselmann, it was RESOLVED
that the bids which were opened on April 28, 1970 at 3:00 P.M. at the Town
Hall be and they hereby are received and that the low bidder, DLR Construction
Inc. in the sum of $37,335.80 be and ft hereby is awarded, a copy of which
bids is attached hereto..
c. Project 50, Part 2, 5 Million Gallon 4Tater Reservoir. Upon
motion by Uselmann, seconded by Rahn, aye Klein, it was RESOLVID that the
-6-
bids received on May 5, 1970 at 3:00 P.M. at the Town Hall be and they
hereby are received pursuant to the schedule attached hereto and that the
bids be referred to the Town Engineer for tabulation and submission to the
Board.
d. Project 29, Part 4, Highway ~~49 trunk sanitary sewer project.
Upon motion by Klein, seconded by Uselmann, aye Rahn, it was RESOLVED that
the bids which were opened on May 5th, 1970 at 3:00 P.M. at the Town Hall
be and they hereby are received, and that the low bid of Johnson Bros..
Highway and Heavy Construction Co. be rejected pursuant to the request of
Johnsan Bros. which indicated that they desired the award only if they
were low bidder on Project 49, Part 1 also; further, that the next low
bidder, pursuant to the schedule attached hereto, Hoffman Bros., Inc.,
in the sum of $95,415.3'7 be and it hereby is awarded to said Hoffman Bros.,
Inc..
The Clerk then presented a set of resolutions and documents concern-
ing the transfer of the assets of the B-E-B Sewage Treatment Facility to
the Metro Sewer Board: a.) Resolution authorizing transfer of assets and
property of B-E-B to the Metropolitan Sewer Board dated May 5, 1970. Upon
motion by Uselmann seconded by Rahn, aye Klein, it was RESOLVED that said
resolution be approved and executed; b.) Upon motion by Uselmann, seconded
by Rahn, aye Klein, ft was RESOLVED that one TJarranty Deed running from the
Town of Eagan to the Metropolitan Sewer Board, dated May 5, 1970 covering
the B-E-B plant site be and it hereby is approved and ordered executed;
c,) Upon motion by Rahn, seconded by Uselmann, aye Klein, it was RESOLVED
that the agreement regarding retention of the $280,000 general obligation
sewage facility bonds of 1970 be and it hereby is approved and ordered
executed; d.) Upon motion by Uselmann, seconded by Rahn, it was RESOLVID
that John Klein be and he hereby is appointed as Eagan's representative to
-7-
the Sewer Service Area Advisory Board pursuant to Senate File 237, Chapter
449, Sec. 8, Subd. 9, under the same conditions as his appointment to the
B-E-B Board; e.) Upon motion by Rahn, seconded by Uselmann, aye Kiein,
it was RESOLVED that the agreement relative to the assignment to the
Metropolitan Sewer Board by all B-E-B members in the treatment plant design
contract dated January 29, 1968 and amended August 6, 1969 with Black and
Veatch of Kansas City be approved and executed.
The Town Engineer reported on a meeting with the Bloomington and
Burnsville Engineers relative to the proposed operation and maintenance of
the B-E-B facilities subsequent to the talceover by the Metro Sewer Board.
The following recommendations were made by the. Engineers of each of the
three communities:
1, Only metropolitan interceptor in Eagan is to be the Eagan
B-E-B Interceptor.
2. Other major trunks serving outlying areas will be owned and
maintained by each community and they will offer service to adjacent
communities at a fair price. Contracts between communities would be
subject to approual of the Metropolitan Sewer Board.
3. Recommend Chat Metro Sewer Board negotiate a maintenance con-
tract with•each community to have the community maintain the B-E-B Intercep~
for serving that community.
4. The B-E-B Interceptor for Eagan is to be that line easterly
of the B-E-B plant extending to the existing 36" trunk in the NEB of
Sec. 8.
5. The cost of making the change would be shared by B-E-B District
but the permanent B-E-B Interceptor would be the gravity lines only. Lift
stations to be owned and operated by each area and not to be part of
Metropolitan Interceptor.
-8-
Upon motion by Rahn, seconded by Uselmann, aye Klein, it was RESOLVED that
said recommendations be and Chey hereby are approved and adopted by the
Board and further that the Eagan representative to the B-E-B Board be
directed to present the recommendations to the B-E-B Board for adoption
and approval at the May 20th B-E-B meeting.
The Board reviewed the letter from Texaco Inc. concerning the re-
quest to improve the roadway in front of the Texaco station on Cedar Avenue
and Highway ~k13. Upon motion by Klein, seconded by Rahn, aye Uselmann,
it was RESOLVED that the Town Engineer be, and he hereby is directed and
authorized to prepare a preliminary study and cost estimate concerning the
improvement of the roadway in front of the Texaco station to be presented
at a later meeting.
The Town Engineer reviewed proposed plans for the expansion of
sewage treatment plant No. 2. No action was tatcen.
The Town Attorney indicated that an error fn the description had
apparently been made by the applicant concerning the Wilmus property's
application approved by the Eagan Board on July 18, 1967 covering the
rezoning to R-6 and C-2, certain property in Sections 28 and 29. The
applicant has now requested that a new hearing be scheduled to correct
the description and upon motion by Uselmann, seconded by Klein, aye Rahn,
it was RESOLVED that said public hearing be scheduled for June 2, 1970
at 8:00 P.M, at the Town Hall, subject to submission of an application and
correct legal description.
The Board reviewed and acknowledged the receipt of a petition from
certain property owners on Deerwood Drive including Leo Murphy requesting
that Deerwood Drive not be dead-ended at proposed I35E and that it continue
past the proposed freeway. Upon motion by Uselmann, seconded by Rahn, aye
Klein, it was RESOLVED that the Town Engineer be requested to write
-9-
Mr. Murphy explaining the reason.; why the Board feels it is not appropriate
to request further action by the Minnesota Highway Department at this time.
Upon motion by Uselmann, seconded l.~y Rahn, aye Klein, it was
RESOLVED that the request of Kenneth Applebaum to defer assessment for
payment of sanitary sewer and water connection charges for Bunker Hill
Apartments on Yankee Doodle Road to June 24, 1970, be and it hereby is
approved.
Upon motion by Klein, seconded by Rahn, .aye Uselmann, it was
RESOLVED that the recommended changes of the Assessment Cocmnittee adopted
by the Board relative to assessment revisions be and they hereby are
effective as of June 1, 1970.
Upon motion by Klein, seconded by Uselmann, aye Rahn, it was
RESOLVED that an on and off 3.2 beer license for the Su Su Ling Restaurant
an Cedar Avenue be and it hereby is approved
Upoa motion by P.ahn, seconded by Uselmann, aye Klein, it was RESOLVED
that the Town Clerk be authorized to order for the Town 6 copies of the
Farm and Ranch Directory for Dakota County.
Upon motion by Uselmann, seconded by Rahn, aye Klein, it was RESOLVED
that the Chairwoman for each election precinct be and she hereby is author-
ized to be paid $2,00 per hour for service for election purposes.
Upon motion by Itleia, seconded by Uselmann, it was RESOLVED that the
Clerk be, .and she hereby is authorized to issue licenses and permits provided
in the Eagan ordinances and resolutions if the requirements and qualifica-
tions are met and provided that no variances or exceptions are:~equired for
the grant of the License or permit,
Upon motion the Bills were ordered paid.
Upon! motion the meeting adjourned.
Dated: May 5, 1970. %,~
Town Clerk
-10-