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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-