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11/02/1971 - City Council RegularMxr1i)TES OF REGULAR MEETtTJG OF BOAP.D OF SL1PF_.~'j SORS TO'r~N OF EAGAN, bAtOTA COUNL Y , Mi?vi;L3UT11 November 2, 1971 A raguL~r meeting of the Board of Supervisors, Town of Eagan, Dakota Count•,~, Minnesota, was held on November 2, 1972, at 'x:30 P.M. at the Town Ha]~I at wh~.ch all members were present. Chairman Rlein presided. Upon motion made by Supervisor Usalraann a:.:: se~:o2ic ed by Su~servisor Rahn, the minutes of the previous meeting of the Bozxr~ ~*.ar~: uxu.niuiously approved as presented; and FURTHER RESOLVED that the Assessor°3rr. C.~''1- mitten minutes tar its last meeting were further unanimously approved as presented with the following correction: Apend page l to read: "...N'~ of Section l~i•-27•-23 except that part of 67estcott Gorden Lot zoned A, Agricultural." police Ghief Martin DesLuuriers appeared with two bids for the now police car and recommended the acceptance of the bid of Westdale Pn:d. Upon motion made by Supervisor Uaelmann and seconded by Supervisor Rahn, it wrs RF~OLVED that the Town accept the bid of Westdale Ford for two new police cars as follows: a 1992 Ford custom sedan for $2832.00 plus trade-in of 1970 Dvc;~;e C~~ra::e>r ant a ford Custom Ranch Wagon for $3841.00 with no trade-in; and 1'-.~::'!"rit~.'R RNSOLVEb to use the police station wagon for use as an ambulance and to pay the $14.00 license fee therefor. Chief DesLauriers also presented to the Board a preliminary report on the mutual police facility proposed for Inver Grvve, Fagan acid Rosemount. Upon motion made by Chairman Rlein and seconded by Supervisor Uselmann, it was RESOLVED to refer the Phillips complaint presente~E by Chief DesLauriers to the Town Engineer for review and report. Superintendent Sill Branch appeared and presented two bids for utility truclcs for the Town. The trucks, it was Hated, were International Harvester t~•ucks. Upon motion made by Supervisor Uselmann and seconded by Chairn~an Klei.~, it was RESOLVED to refer the bids to the Town Engineer for recor~anuaticn and to transfer the Dadg~ Wagon to the Utilit; Department f=om tha Police Deps:rtmPat when new police vehicles are received. There Were no building permits. Barbara Schmidt appeared to review the proposed lease with Expressway Properties for a skating rink. Upon motion made by Sugervisor Uselmann and _se~on3~~d by Supervisor Rahn, it was 12ESOLVED that the agreement for ~.he s'~.atinr, x•1,~: Pt Pilot Knob School and on Expressway Properties' property bey ~~nd the s.^.:.~~~ +~.:.r~by axe, duly approved. T'he Chairman next announced the convening of the public hearing cc~-~:.~,_•r,- i.rg water trunk assessments to portions of Sections 13, 14 and 15-27-23 co~7sie-:i~t,.~_; of Project No. 58. Several property owners from the area appeared with qusst:nr~, concerning the assessment roll. The Town Attorney explained that the assess~~!Ar_i: a~as b.3sed on $490,00 per acre for commercial and industrially zoned areas, $25.7.00 per acre for all residentially zoned areas, and $100.00 per acre for rlat:ted residential areas, It was noted that all of Section 13 except the grat,.,1 property was currently zoned A, Agricultural, all of the N'~ of Section. 1!+ p.rcgnY tFs unwed portion of Westcott Garden Lots and aI1 of Section I5 except tiiP ~F; ~a~,~;~e included in the rolls. There were no objections to the assessment rollo iT+~on motion made by Chairman Klein and seconded by Supervisor Rahn, it F~,zs R~;- SOLVED that the assessment roll covering water trunk assessments relating to Project 58, be, and it hereby is, duly adopted and the Clerk is hereby a+~tz~o;:iz?d to certify the roll to the County Auditor. Chairman IC1ein next convened the public hearing concer:iirg Ilia ap;:.'.c:~-~ tion ut Orest Spande to rezone approximately 16 acres in the SW's oa the SW~ o~: Section 19-27-23 near County Road No. 30 and Highway No. 13 from C-2, Ccremerrial to R-5, Residential. It was noted that the Advisory Planning Committee recn:~~~e.ad<::~~ approval, and that the applicant requested a continuance of the public heay~.r~g r_~, Uc:cemSer 7, 1971. No one appeared in opposition. to the applicatio:~, Upon m~tzr;~~, -2- mac?e by Chairman Klein and seconded by Supervisor Uselmann, it was R:,OLVED that this public hearing be, and hereby is, continued for hearing at $:00 P.M, on December 7, 1971. Chairman Klein next convened the public hearing on the application of Fox Ridge DevelopmenC Company for approval of preliminaxy plat near Yankee Doodle Rr,:~d and Coachman Road. It was noted that the Advisory Planning Coaraittee reccr.•~ tr•.:..::uFd approv.31. There was no appearance by either the applicant or any orpus ti.Ln. Upon motion made by Chairman Klein and seconded by Supervisor Usel:nann, .Lie was RESOLVED that this public hearing be, and it hereby is, continued to the Ivavember 16, 1971 meeting at 8:00 P.M. Mr. Jim Notch of Rauenhorst Corporation and Mac MclCee of Home Juicy Company appeared on behalf of the application of Rauenhorst Corporation for a building permit to construct a one story building at 3$35 Beau de Rue Drive at an estimated cost of $130,000.00 for M and W Investments, Inc. Upon motion made by Chairman Klein and seconded by Supervisor Uselmann, it was RESOLVED that the b~~ilding permit application be, and it hereby is, approved and the permit o~de-:a;: issued upon payment of the appropriate fees therefor and upon obtaining the a;~proval of the Town Engineer of the final plans and specifications. It was r.^te.? '.'hat the estimated cost was increased to $175,000.00. fihere was no opposition t~~ the application. Mr. Jean Parranto apgeared on behalf of the application of Kenny and Ci~ristopherson for a special use permit to conduct a day care center on Cedar: Avenue. This, it was noted, was a re-application for the permit, Upon mctpn Made by Supervisor Usel~oann and seconded by Supervisor Rahn, it was RESOLVED t':at a special use permit for one year be granted subject to the approval by the State Fire i`4arshal and the State Department of Health as to the facilities before c:;~..~encing operations, and further upon approval of the Town Engineer as to the pie.t.s and specifications. The applicant was adv~aed by the Board :hat tine spec ~~1 -3- u±~e ~erat$~ mould be issued on an annual basis subject to the continued approval off not only the Board but the State Fire Marshal and the State Department of Health and it was further stipulated by the Board that all children enrplled at the day care center must be accompanied at all times by an adult while o~g to and from the school. Nir. David Bartol.appeared on behalf of the application of P.auenhorst C::rporation for a building permit for a storage trucking facility to be built ft1~d K:-*erner Trucking Company in Eagaadale No. 4. It was noted that the Advisory P1arning Committee recommended approval, Upon motion made by chairman Klein a~zu seconded by Supervisor Uselmann, it was RESOLVED that the building permit appli- cation be, and the same hereby is, duly approved and ordered issued upon payment of-the appropriate fees therefor and subject to the approval by the Town Engi.ne~er of tae plans and specifications, and further subject to the applicant personally agrearing before the Board-and advising it of-,the mode of operation of the storage trucking £a clity within the next 30 days. The application of Country 'Club Markets for plat approval and a buiic'in permit to construct a supermarket on a two acre parcel between_Highway No. 13 aid Beau de Rue Drive next to the Home Juice Co~apany-was presented, It was noted that the-Advisory Planning Committee recommended apprgval. No one appeared in opposition to the application. Mr. Robert Hasa, an officer anc?~directo~ of Country Club Markets, 47alter Peterson and Dale Vogt appeared on behalf of the application. Upon motion made by Supervisor Uselmann and'seconded by Chairman Klein, it was RESOLVED that the building permit applicatiod be,-and the same hereby is,-duly approved and ordered issued upon.payment of. the appropriate fees therefor and subject to the approval of the-Town Engineer of the plans and speci- ficat~ions with the request that the back of the building be made to appear as mu:.h like the front as reasonab~.y possible. Upon motion made by Chairman Klein and seconded by Supervisor Rahny'Yt t,'~a"s 1tES4LVfiD that a: public heGring be set fc,r preli~i.r_arg Piet apprdva~, for I~tovembbr 16, 19'71, Ott ,B;tJ~ RM, -4- The Town Attorney presented the proposed warming house contracts for construction of three warmingshouses by P?iles Construction Company. Upon motion made by Supervisor Uselmann and seconded by Supervisor Rahn, it was RESQ~,V~ii3 that the revised constr~t~tion contracts as presented by the Town Attorney be, ~~a ~l~ey hereby ax~~j approved and ordered executed. Upon motion made by Supervisor Rahn and seconded by Supervisor Usel~az:n, it was RESOLVED to app~ave.the contracts for Fublic Improvement Project Nas. ~3 and 77. Upon motion made by Supervisor Rahn and seconded by Supervisor Uselm~c~F~; it was RESOLVED that the rezoning application of [ailliam Heine and IDS Properties to rezone approximately 14 acres in the NEB of Section 4-7.7-23 from A, Agricul- tural to C-2, Commercial be set for public hearing on November 16, 1971, a~ 8:00 o'cloclt P.M. Upon motion made by Supervisor Uselmann and seconded by Supervisor Rahn, it was RESOLVED to set for public hearing the application of Inland Construction Corporation for rezoning approximately 40 acres in the SW's of the SEA of Section 29-27-23 from A, Agricultural to a .combination of R-1~ R-4 and 8-6, Residentiu3. fox December 7, 1971, at 8:00 o'clock P.M. The Town Engineer reported on the receipt of bids for Public Improvemen': Project No. 69, water, sewer and sanitary sewer improvements for Hillandale Addition, the bids having been taken on November 1st. The Town Engineer reported that the low bid was received from Fisher Construction Company in the amount Qf $59,134.30 and recommended its acceptance. Upon motion made by Supervisor Uselmann and seconded by Supervisor Rahn, it was PESOLVED that the bid of Fisher Construction Company in the amount of $59,134.30 be, and the same hereby is, duly accepted and the contract awarded to Fisher Construction Company therefor. The Town Attorney was requested to prepare a report on the possible •=cq~aisition of the Cedar Grove Sewage Treatment Plant by the Metrc Sewer Board at the Povember 16th meeting. -S- Upon motion made by Supervisor Uselmann and seconded by Supervisor Rahn, it was RESOL~~D that the Town Attorney be, and he hereby is, authorized and directed to prepare an appropriate amendment to Ordinance No. b - Zoning, regarding side yard set-backs ~n accord2tnce faith the recommendation of the Build- ing Department for corner lots is industrial areas. Upon motion made by Supervisor ~7selmann and seconded by Supervisor Rahr. it was RESOLVED that *he application of Fox Ridge Development Company to rezone a parcel in Section 9-27-23 North of Yankee Doodle P,oad and hest of Coachman ~~c?d be set for public hearing on December 7, 1971, at 8:00 o'clock P.M. Upon motion made by Supervisor Rahn and seconded by Supervisor Usel~aur_, it was RESOLVED that the application of :Elmer Scott to rezone 12 acres situated in the EZ of the SE's of Section 24-27-23 from A, Agricultural to I-l, Light In~.ustrial be set for public hearing on December 7th, 1971 at 8:00 o'clock P.M. Mr. Ray Drake requested permission to split certain lots adjacent to the Red Owl property in Eagandale Industrial Park. Upon motion by Chairman Klein and seconded by Supervisor Rahn, it was RESOLVED that permission to split certain lots be, and the same hereby is, granted and the Town Clerk directed to write a letter confirming such permission to the applicant.. A representative of Cereal Chemists appeared and requested a temporary building permit to construct a driveway to their building on Pilot Knob P.oad pend- ing the permanent installation of Maurice Drive. Upon motion made by Chairman Itlein and seconded by Supervisor Uselmann, it was RESOLVED that a temporary con- struction permit be granted to Cereal Chemists to construct a temporary drivFwa;~ provided that same would be abandoned when the permanent Maurice Drive is icstalled. Mr. Mike Gresser and Larry Glenzel appeared on behalf of Eagan Constru~- tTtn Company requesting a permit for gradi~ and construction of foundations in .r Industrial Park pending appr~~al of the Advisory Planning Coaanittee and -6- the Building Inspector.. Upon motion made by Supervisor Rahn and seconded by Supervisor Uselmann, it was P~ESOLVED ttrat the application for a Limited permit for the purpose only of grading and putting in foundations be, and hzreby is, approved subject to the submission of appropriate plans and specifications and the approval of the Advisory Planning Committe~,'Building Inspector and Town Engineer. The Town Clerk presented a letter from Jean Parranto requesting correc- Lion in the minutes of the Town Board meeting of October S, 1971 in connection with the application of Cedar Grove Construction Company for a variance.. The letter pointed out that the minutes referred to a variance of 0.7-feet for a side yard utility easement on Lot 7, Block 10, Cedar Grove No. 7. The applica- tion requested a one foot variance. Upon motion made by Supervisor Kahn and seconded by Supervisor Uselmann, it was RESOLVED that the application be, and the same. hereby is, approved, reducing the side lot utility easement off! Lot 7, Block 10, Cedar Grove No. 7 fromsix #'eet to five feet; and F'j1RTHER RESOLVED that the minutes of the October 5, 1971 meeting are amended to reflect this corrected resolution.: Upon motion made by Supervisor Uselmann and seconded by Supervi.s~ P.ahn, it was RESOLVED that the final plats of Selmar2t Addition and Giguere Addition be, and they hereby are, finally approved. Tt was noted that too formal. applications had been filed. The Town Attorney suggested that henceforth all apphicants be advised to file a formal. application for final plat approval in order to properly maintain the Clerk's and the Town Attorney's records.. The Board informally acknowledged that this procedure would be appropriate in the future and that these applicants should a~.so file appropriate applications. The applications of John O'Toole, John H. Odink, Joseph Licha, Renneth D, Aszmann,~Qaynard A. Danielson and Daryl Leibel for tax abatement on certain pgopzrties were next presented. Upon motion made by Supervisor Uselmann and -7- seconded by Supervisor Rahn., it was RESOLVER that the request for abatement by the foregoing be, and the same hereby are, approved. Upon motion made b~ Supervisor P.ahn and seconded by Supervisor Uselmann, it was RESOLVED that the re-zoning application of John D. Sullivan and IDS Properties to re-zone approximately 9.5 acres in the NE's or Sect~.on 4-27-23 from A, Agricultural to C-2, Commercial be set for public hearing on Plovember 16, 1971, at .8:00 o'clock p.m. Chariman Klein reported that there was a good deal of .interest in holding a public hearing regarding the Cedar Grove bridge construction and that it would be advisable, if possible, to hold this public hearing in Eagan Township. Upon motion made by Chairman Klein and seconded by Super- visor Uselmann, it was RESOLVED that a public hearing be requested and scheduled on the Cedar Avenue bridge construction to be held in the Metcalf School as soon as appropriate arrangements can be made therefor. Upon motion made and seconded,.a1l bills -were approved as presented and ordered paid .according to Warrants No. 6834 through bbl, Account No. 11-01022 apd Warrants IVo. 9'lU through 931, Account No. 1i-010-73. Upon motion made and seconded, the meeting was adjourned. Dated: idovember 2, 1971