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06/02/1970 - City Council RegularMINUTES OF A REGULAR MEETING OF THE BOARD OF SUPERVISORS TOWN OF EAGAN, DAKOTA COUNTY, MINNESOTA June 2, 1970 A regular meeting of the $oard of Supervisors of the Town of Eagan, Dakota County, Minnesota was held on June 2, 1970, at 7:30 P.M. at the Town Hall at which all members of the Board were present. Chairman Klein presided. Upon motion made by Supervisor Usel- mann, seconded by Supervisor Aahn, it was unanimously RESOLVED that the minutes of the previous meeting be, and they hereby are, approved as presented. There was no Police Department Business. Mr. William Schultz, Fire Chief, appeared regarding Fire Department Business. Specifications for new equipment were presented. He also advised the Board that in cooperation atith the Police Department and office administration a phone was going to be installed at the Town Hall to handle fire calls during office hours. The balance .cif hours of the day to be handled as before with volunteers. ~'I1`. Bill Branch of the Utility Department appeared and pre- sented specifications for the purchase of a back-hoe. Upon motion duly made by Uselmann, seconded by Rlein, +it was RESOLVED that advertisement for bids should be published before the letting of a bid on June 30th, 1970. Upon motion by Klein, seconded by Uselmann, it was FURTHER RESOLVED to authorize the Utility Department to purchase lockers for the garage and other utility equipment up to a maximum cost of $3,000. A report on the proposed park near the McKee Addition, pre- pared by General Beverage Company attorney was presented to the Board for its perusal. The Town Attorney reported thaC General Beverage Com- - 1 pany had agreed to rough grade the park property near the McKee Addition. The Town Rttorney was directed by the Board to require General Beverages to sign the agreement prepared by the Town Attorney before they engage in any grading in the proposed Pepsi Cola area. . Standard Oil Company appeared to request a building permit to reface their station at the intersection of Cedar Avenue and Highway ~~13 at an estimated cost of $15,000. Upon motion duly made by Uselmann, and seconded by Klein, it was RESOLVED that the permit be granted subject to the approval of the Town Engineer as to plans and specifications. Mr. Carl Rancher appeared on behalf of his building permit application to construct a house on a lot 150' x 82' and to ask for a variance under Ordinance #6 in view of the fact that the site is a corner lot located at 1384 Avalon in Country Home Heights. Upon motion duly made by Klein, seconded by Uselmann, it was RESOLVED that the building permit and variance be, and they hereby are, ordered issued subject to tt-.: approval of the Town Engineer as to the site plan and drainage. The public hearing on the application of Mr. Edmund Schwarz and Land Planning and Engineering Corporation to rezone 35.b acres on Yankee Doodle Road in the North ~ of the NEB of Section 14 was convened. There was no opposition to the application. Upon motion duly made by Uselmann and seconded by Klein, it was RESOLVED that the rezoning be granted sub- ject to the same conditions set forth in the Advisory Planning Committee Minutes of April 28, 19?0, and subject to the plan and road profile being submitted to the Town Engineer which shall consist of not less than 5 acre building sites; further conditioned upon the possibility that a portion of the property may be acquired in the future for park purposes in the S'~ of the NF!'~ of Section 25, T27, R23, and further that the appli- -2- .;w cant will dedicate a road 60 ft. in width. Upon motion duly made by Klein, aeconded by Uselmann, it was RESOLVED that Bill Harris and Mrs. Clare Ingborg be, and they hereby are, duly appointed to serve on the Park Committee until May 15, 1972. Up~:l motion duly made by Klein, seconded by Uselmann, it was RESOLVED that the Town Engineer be, and he hereby is, duly authorized to prepare a preliminary report relative to the extension of trunk sanitary sewer services to include all of Sections 13, 14, and 15, and to report to the Board whether such extensions are feasible. The public hearing on the application of Richard Dierenfield for approval of preliminary plat for Dierenfield Addition was convened. It was noted that the lot had a depth of 85 ft. and a width of 200 ft. Upon motion duly made by Uselmann, seconded by Klein, aye Rahn, it was RESOLVED that the application for plat approval be granted and that a variance from the Ordinance be granted so as to permit construction on the parcel, all subject to the conditions set forth in the Advisory Planning Committee meeting minutes of Aprii 28, 1970. The public hearing on bhe application of Duane North concerning the vacation of a portion of Sibley Hills Drive in Post Additions No. 1 and No. 2 was convened. A number of abutting property owners appeared with the applicant. Upon motion duly made by Klein, seconded by Uselmann, it was RESOLVED that the street be and the same hereby is, ordered vacated subject to prior submission by the applicant of a survey and the exe- cution of an appropriate easement by the applicant for sewer and water lines running up the center of the vacated street 40 ft. in width. It was also determined, upon the recommendation of the Town Engineer and the request of the abutting property owners that a T-type of turn around be - 3 - installed at the end of the road servicing the residential lots rather than acquiring easement so that a cul du sac could be installed. Upon motion by Klein, seconded by Rahn, it was RESOLVED that a public hearing be set on the application of Willmus Properties to rezone certain property South of highway X30 on June 30, 1970, at 8:00 P.M. Mr, James Nygaard, a representative of Expressway Properties, Inc. appeared with a request for variance on the side yard set-back from the property line to the Spraytech building on Lot 8, Block 3, Eagandale Center Industrial Park. Upon motion duly made by Klein, seconded by Uselmann, aye Rahn, it was RESOLVED that a variance to allow a side yard set back of 19.9 feet instead of the required 20 feet from the easterly lot line to the building,~be and the same hereby is, granted. Mr. Donald Olson appeared requesting a special use permit to construct a used car lot next to his Texaco station at the intersection of Cedar Avenue South and highway ~~13. The Board informed Mr. Olson that he would have tQ file a formal application for special use permit and upon filing would be placed on the agenda for the next meeting of the Advisory Planning Committee. Mr. J. T. Diffley appeared relative to the Ed Schwanz property and indicated Mr. Schwanz will file a plan and profile for the road. Upon motioa duly made by Uselmann, seconded by Klein, it was RESOLVED that building permits be issued subject to submission of road profile to be approved by the Town Engineer and further subject to the possibility that part of the property may be included in the park system. Mr. Erwin Uhlrich, representing Trinity Lone Oak Lutheran Church appeared along with the Pastor and other member of the church requesting a study of the water and sanitary sewer services. Upon motion duly made by Klein, seconded by Uselmann, it was RESOLVED that the Town Engineer be, and he hereby is authorized to make a study to provide water and sanitary sewer service to the church property. A representative of Dahlen Sign Company appeared with regard to a request for the installation of a Valley Village Apartment Sign for the entrance to the apartment area. Upon motion duly made by Klein, seconded by Uselmann, it was RESOLVED that the enhance sign relocation be, and the same hereby is, duly approved from old entrance to new entrance. Mr. Kenneth LeTourneau of the architectural firm of Buetow & Associates appeared on behalf of Pmerican Fruit and Produce Company. No formal application had been filed and the representative was advised to prepare and submit a formal application to be placed upon the agenda for the June 23rd Advisory Planning Committee meeting. The Town Engineer, submitted plana for Project ~k49, Part 2, Country Home Heights and Poppler Pddition. Upon motion duly made by Uselmann, seconded by Klein, aye Rahn, it was RESOLVED that the plans be, and they hereby are, accepted and duly approved, and FURTHER RESOLVED that the appropriate notice shall be published to receive bids on July 6, 1970 at 3:00 P.M. at the Town Ha11. The Town Engineer also presented the plans for Project ~~49, Part 3, covering Blackhawk Hills and Ridgeview Acres Additions. Upon motion duly made by Rahn, seconded by Uselmann, aye Klein, it was RESOLVED that the plans be, and Chey hereby are, duly accepted and approved and that a hearing be set for the receiving of bids on July 7, 1970 at 3:00 P.M. at the Town Hall. The Town Engineer next presented the project plan for expansion of temporary Sewage Lagoon No. 2, Project No. 56, Upon motion duly made by Uselmann, seconded by Raha, aye Klein, it was RESOLVED that the plans as presented be, and they hereby are, duly approved and accepted. It was S FURTHER RESOLVED that the Township spend up to $4,$00 and to enter into an appropriate lease for the Alexander Construction Company Land plus the actual coat of the lagoon if the plan determined that the expansion should be on the adjoining property. It was FURTHER RESOLVED that an alternate project be received in the event that it was determined more appropriate to put the lagoon expansion on the Town's land. It was FURTHER RESOLVED that the bids be received at the Town Hall on June 30, 1970 at 3:00 P.M. The Town Engineer then explained the Lone Oak Road situation East of Highway ~~3I whereby the County had awarded contracts Co Solberg Construction Company for the resurfacing and grading of the road. The Town Engineer recomme'i4ded that this is the time at which the Town should put in its water and sewer line across Highway ~~31 before the highway construction is done and that trfe contract should be let at this time even though perhaps premature as to funding. Upon motion duly made by Klein, seconded by Uselmann, aye Rahn, as to plans and specifications, it was RESOLVED that the contract be prepared to effect the above improvements and that the clerk be authorized to effect the changes in the order to install water and sewer lines underneath Highway ~~31; and it was FURTHER RESOLVED that plans and specifications be prepared and that change orders be approved insofar as crossing Yankee Doodle Road at an estimated cost of $2,000 for each of the water and sewer lines, adjacent to Eagandale No. 4. Upon motion duly made by Klein, seconded by Uselmann, it was RESOLVED that the Town Engineer, be, and he hereby is, duly authorized and directed to extend the storm sewer into the ponding area located in Cedar Grove No. 6 at an approximate cost of $5,000 the project being known as Change Order # to Storm Sewer Project ~~ - 6 - Upon motion duly made by Klein, seconded by Rahn, aye Uselmann, it was RESOLVED that the Town Engineer be, and he hereby is, duly author- ized to engage the firm of Kostka Electric Company at a cost of $995.00 to install the wiring necessary to hook up the two surface aerators in Sewage Lagoon No. 2. Upon motion duly made by Klein, seconded by Uselmann, aye Rahn, it was RESOLVED to authorize the Town Engineer to advertise for and accept bids and order the four surface aerators for Sewage Lagoon No. 2 at a cost of between $17,000 and $20,000 at the discretion of the engineer. The Town Engineer then presented the preliminary report for Project ~~55 for water main and storm sewer extensions in Section 27, 727, R23, consisting of Oak Chase Addition at an estimated coat of $144,490.00. Upon motion duly made by Rahn, seconded by Uselmann, aye Klein, it was RESOLVED that said report be received and that a public hearing be sched- uled and notice published according to law for new notice of hearing for a hearing on the report for June 30, 1970 at 8:00 P.M. at the Town Hall. Upon motion made by Klein, seconded by Uselmann, aye Rahn, it was RESOLVED that bide on the two bond issues consisting of $2,740,00 G.O. Improvement Bonds and $150,000 G.O. Sewer Bonds of 1970, recently unsold be rescheduled for the reception of bids on Juna 25, 1970 at 7:00 P.M. at the Town Hall. Upon motion made by Klein, and seconded by Rahn, it was RESOLVED that property owners subject to the assessment covering the cost for the sewer and water improvements have the vptfon of paying 10% of the assess- went in cash initially and the balance to be paid off over a period of five years at 8% interest plus 17e administrative charge for the water and sewer connection charges on any properties other than those zoned A, Agricultural, and R-1, Residential. - 7 - The Town Attorney discussed the Public Service Commission's denial of the railroad crossing on the Milwaukee Road in Eagandale Center Industrial Park No. 3, with regard to'the possibility of an appeal. Up- on motion duly made by Klein, seconded by Rahn, it was RESOLVED that an appeal from the public Service Commission order dated, May 29, 1970, be made in the name of the Township provided however that the Town Attorneys prosecute the appeal and that the abutting property owners and developers requesting the crossing reimburse the Town for the legal fees and costs incurred in the prosecution of such appeal and 3n addition provide any crossing equipment including signals which might be ordered by the Public Service Commission and Further that said owners and developers hold the Town harmless for the installation of any such crossing expense or equip went. The Board requested the Town P.ttorney to prepare a draft of status report on the pending litigation entitled "Eagan Township vs. Cedar Grove Utilities Co." Chairman Klein submitted a letter received from Mr. Donald Poupaid proposing a new building on Highway ~~13 for restaurant purposes and an informal request for a liquor license for such establishment if it were built. The matter of liquor license issuance in the future was dis- cussed. Upon motion duly made by Klein, seconded by Rahn, it was RESOLVER that the Town Attorney prepare a letter to the County Board requesting that no more liquor licenses be issued in Eagan Township without the prior approval of the Eagan Board of Supervisors. The Town Attorney advised the Board that no decision had been made formally by the Minnesota Municipal Commission with regard to its request to be permitted to hold an election to determinewhether ar not the Town should be incorporated as a charter city. - 8 - Upon motion by Klein, seconded by Rahn, aye Uselmann, it was RESOLVED to increase the secretarial salary of the Clerk an additional $SO per month, effective July 1, 1970. Upon motion by Klein, seconded by Rahn, it was RESOLVED to hire Karma Wachter for part time secretarial work at $1.75 per hour. Upom motion duly made and seconded all bills were approved as presented. There being no further business, upon motion duly made and seconded, the meeting was adjourned. Dated; June 2, 1970 Alyce olke, Clerk Eagan Township, Dakota county - 9 -