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05/04/1971 - City Council RegularMINUTES OF RLUULA~i I~Ii:,ETIi~G OF BOARA OF SUP~rISORS TOWN OF EAG4N, DAKOT. COUNTY, NINNESOTA May 4, 1971 A regular meeting of the Board of Supervisors, Town of Eagan, Dakota County, Niinnesota was held on I~Tay 4, 1971 at 7:30 o~clock P.M. at the Town Hall at which all members were present. Chairman Klein presided. Upon motion duly made by Supervisor Uselmann and seconded by Chairman Klein it was RESOLVID that the minutes of the previous meeting of the Board be and hereby are approved as presented subject to the following change on page ~ thereof after line 11: The APC recommended approval of the application. Supervisor Uselmann stated that he felt the present R-~ Zoning should remain on the property, the Board should not vary from the ordinance density requirements and the variance request should be denied because with this R-6 zoning and the variance there would be more apartments North of Xankee Aoodle than single Family dwellings. He further stated that he felt granting additional R-6 zoning in the area would conflict with the planning guidelines of the Township concerning location of R-6 zoning and if this application passed he would vacate his seat on the Board for the remainder of the meeting. Chairman Klein stated that he felt this was a good plan because of the amenities -being adjacent to 35E and the proximity to the lake would create open space, the roads tie into the Industrial Park and the residents would use the diamond on Co. Rd. 26, therefore the traffic on ~r26 would be minimal. He further stated that the APC recommended approval. Upon motion by Chairman Klain, seconded b~ Supervisor Rahn, it was RESOLVED that the application for rezoning be and hereby i.s approved and further that plan approval be given for Phase ~ only and that a variance from the density requirements aceordi.ng to the plan submitted for all. of the R-6 zoned area be and hereby is granted. Supervisor Uselmann voted No and vacated his seat on the $oard for the remainder of the meeting. Mr. OtNeill stated this was plan approval far the first phase only and at the time of the last phase if the $oard felt the one building was too close to the lake they would eliminate it. There was no Fire Department business. Chief of Police Martin DesLauriers appeared and requested that Blackhaw}~ Road be designated a through street except at stop signs at its intersection with. Hwy.~13, Hwy.'~30 and Cliff Road. Upon motion dvl;~ m-zde by Chairman Klein and seconded by Supervisor Uselmann it was RESOLVr[:'C tt.at Blackhawk Road, upon the recommendation of the Chief of Police be, and hereby is, duly designated a through street except at the intersections where stop signs exist at Highways 13, 30 and Cliff Road and it was further RE50LVED that stop signs be installed on all other intersecting streets. Police Chief Martin DesLcuriers then recommended that a traffic study be made on Burnside Avenue from Fairla•~m to Avalon so that speed signs may be posted. He felt maximum speed should be 35 MPH. Upon motion duly made by Supervisor Uselmann and seconded by Supervisor Rahn it was RESOLVED thst the Clerk be authorized to request the State Highway Depart. to conduct a traffic & engineering investiiatian on Burnside Ave. from Avalon to Fairla;~~. Place in order to establish a reasonable and safe speed. Upon motion duly made by Supervisor Uselmann and seconded by Supervisor Rahn it was RESOLVED that stop signs be placed along the service lane parallel with Highway X30 at Diamond Drives Aioonstone, the south side of Rahn Road and Topaz, upon the recommendation of the Chief of Police. Mr. Bill Branch appeared regarding utility department business. He had received 3 bids for street sweeping. The lpw bid was for 96900 from Suburban Cleaners in Lakeville. Upon motion duly made by Supervisor Uselmann, . seconded by Supervisor Rahn it was RESOLVED that the low bid of 969Q0 from 2 Suburban Cleaners be accepted. Mr. Lyle Benson, x+370 Blackhawk Road appeared on behalf of his application for a building; permit and a variance to build a home on a one acre parcel on Blaekhawk Road. Upon motion duly made by Chairman Klein and seconded by Supervisor Rahn it was RESOLVED that the building permit and variance be, and they hexc'oy are granted provided that there will be ro expansion of the plot and no expansion of the house to be built and fur~cr~ar upon the condition that the applicant will dedicate to the Town an additi~_~:.1 17 ft. road right of way so as to create a total road dedication of 50 :~. for right of way. The application of Peter Aszmann for a building permit and an Ir_spec+,ion Variance for a Northland Home to be built at 2975 Eagan Avenue was upon motion by Uselmann seconded by Rahn approved. The Building Inspector Dale Peterson indicated this home r~eets the BOAC Code. Dennis Hanson appeared in regard to two building permits for swimming pools, at Bunker Hill Apartments on Yankee Doodle Road and Chateau Riviera Apartments on Jade Lane. Upon motion by Kleine seconded by P.ahn, aye Uselmann it was RESOLVED that the permits be approved subject to the Engineers approval a.nd proper fencing and further subject to receipt of plumbing plans. Mr. Gus Bergman, 1350 Rocky Lane appeared an behalf of his application far a permit to pla,ee a trailer home on two acres of ground for his aged mother. It was noted that there were no objections by the surrounding neighbors. Upon motion duly made by Supervisor Uselmann and seconded by Chairman Klein it was RESOLVED that the permit, be and the same hereby is granted on an annual renewal basis for use by the a~~plicant's mother only and conditioned that the trailer would be removed at such time as the mother ceases to live there. Upon motion duly made by Chairman Klein and seconded by Supervisor Rarer, .. ~ It was RESOLVED to grant to the Texaco Station at Cedar Ave. and Hwy. #13 a building permit for the remodeling, of the station at an estimated cost of ~~2~00.00 for refacin~* with aluminum and plastic, subject to payment of the appropriate fee therefor. The public hearing concerning sanitary sewer and water improvements to McCarthy Ridge Addition area was convened by CY,airman Klein. The Town Engineer stated the estimated cost to be x•78.90 per front foot with a ~~60.00 per lot connection charge. Upon motion duly made by Supervisor Usela~ann and seconded by Supervisor Rahn, aye Klein, it was RESOLVED tha. the improvement project at a total. estimated cost of ~"20,700.00 be, and the same hereby is duly approved and ordered in and the Town Engineer directed to prepare plans and specifications. Mr. Ken Applebaurs appeared on behalf of the application of Sally Co. for a variance for a front faeta.pe and a division of certain. lots in LeTendre Second Addition. It was noted that the .9dvisory Planning Committee recommend approval. Certain neighbors appeared in opposition to the application. After informal discussion by the applicant and the neighbors and the Board the hearing was continued until May i8 meeting of the Board of Supervisors to be combined with the sewer and water public hearing for that area of LeTendre Second Addition. NJr. Gordon Christenson and Tom Hastings representing DeBoer and Associate appeared on behalf of the application for final plat approval for Faleonsh:ir~ First I~ddition, east of Pilot Knob Road. Upon motion duly made by Supervisor. Uselmann and seconded by Supervisor Rahn it was RESOLVED that the application be and hereby is duly approved subject to the granting of easements for access to the pond and the lake and other necessary easements required for utility and ponding purposes all according to the April Planning Committee minutes. The applicant was directed also to change the street names in the .. 1} .. final plat and to submit a performance bond to conform with the suggestions in the Planning Committee minutes to which the applicant agreed. Mr. H. R. Coleman appeared on behalf of the application of Shelter Development Corporation for a building permit for the initial apartments in Ballantrae projedt near Silver Bell Road. There were also surrounding neighbors who appeared. Upon motion duly made by Supervisor Uselmann and seconded by Supervisor Rahn it was RESOLVED that the. building permit application be and hereby is approved and the permit ordered granted sub,~ect to payment of appropriate fees therefor and the payment before issuance of the permit in the sum of X25,00 per unit for the applicantts park contribution. Mr. Dick Stryker appeared on behalf of the application of DCR Company for a building; permit for the Jerry Lewis Twin Theatre on Cedarvale Drive near Mr. Steak restaurant. It was noted treat the Advisory Planning Committee recommended approval. Upon motion duly made lay Chairman Klein and seconded by Supervisor Uselmann it was RESOL rV'~ that the application for a building permit be and the same hereby is granted subject to payment of appropriate fees therefor. Mr. Stryker also appeared on behalf of an application of DCR Company for a building permit for the last addition to the Cedarvale Shopping Center, It was noted that the Advisory Planning Committee recommended approval. Upon motion duly made by Chairman Klein and seconded by Supervisor Uselmar,,n. it was RESOLVED that the building permit tae and hereby is duly granted upon payment of the appropriate fees and subject to approval b~~ the Town Engineer and building inspector of drainage plans and the building plans and specifications. Mr. Stryker further appeared on behalf of the application of DCR Company for a building permit for the extension to the present Cedarvale Shopping -5- Center for an American Family Insurance Company office. It was noted that the Advisory Planning Committee recommended approval. Upon motion duly made by Chairman Klein and seconded by Supervisor Uselmann, it was RESOLVED that the building permit application be and the same hereby is du~.y approved and granted subject to payment of the appropriate fees and approval of the Town Engineer and building inspector of the drainage plan and building plans and specifications. The application of Rev. E.W. Borchert for a building permit and var:tanee i_n Section 29 on Blackhawk Road was stricken for lack of appearance. The application of Jerome Hagemeister for final approval of a planned unit development for Pilot Knob Properties to be located in Section 15-27-23 was continued until the May 18 Board meeting. It was noted that the Advisory Planning Committee had received plans for the development. The application of Beure Co. for final plat approval for apartments and townhouses on Blackhawk Rmad near Highway #30 was continued until the May 18 meeting. Upon motion duly made by Supervisor Uselmann and seconded by Chairman Klein, aye Rahn it was RESOLVED that the public hearing for Project ~'!3 be set for May 18 at 8:00 P.M. covering the Robert Karatz Addition for storm water and sewer improvements, A large number of residents appeared regarding the quality of water in the Cedar Grove water system. A report from the Minnesota Health Depart. was read by the Town Engineer and the matter was discussed at length. The Town Engineer was directed to contact the Health Depart. officials and the Cedar Grove Utilities Co. officials to disnuss what corrective measures should be taken and to report back to the Board at its next meeting. Mr. George Scott appeared regarding a water hookup charge and requested a variance to avoid the charge predicated on the statement to him by Town -6~ Officials that he would not receive such a charge at connection until using municipal water. Upon motion duly made by Chairman Klein and seconded by Supervisor Uselmann it was RESOLVED that Mr. Scott be and he hereby is granted a variance to allow him to connect to the sewer and water and delay payment of the water connection fee until using the municipal water. A large number of residents appeared regarding t'r}e recent Rauenhorst application for rezoning Southwest of Lone Oak Road and ~35E and presented a petition requesting that the hearing be reopened for reconsideration. Supervisor Uselmann so moved and the motion was defeated for lack of a second. Upon motion duly made by Supervisor Uselmann and seconded by Supervisor Rahn it was RESOLVED that a formal request to Rauenhorst Corp.. would be to have them volunteer to represent their application on rezoning. Chairman Klein abstained on the ground this would vary from usual procedure and establish a poor precedent in rezoning matters and further stating that the matter had been recommended btr the Advisory Planning Committee and had then finally been acted upon by the Board of Supervisors. The Town Attorney then presented a letter from Mr. Wm. R. Busch along with the proposed stipulation of agreement for the purchase of the Cedar Grove Utility Company water and sewer system and recommended that the agreement be executed and the contents of N1r. Busch's letter in connection with th:~ agreement be noted and approved. Upon motion duly made by Supervisor Usclmann and seconded by Supervisor Rahn, aye Klein, it was RESOLVED that the stipulation agreement as presented by the Town Attorney be and hereby is duly approved and executed by the appropriate officers of the Town and that Mr. Buschts letter be noted in the minutes of this meeting and approved as to its contents; and further RESOLVED that the public hearing on the acquisition and proposed bond issue be held on June 8, at 7:30 P.M. at the Rahn Elementary School in Cedar Grove. ..7- Upon motion by Klein seconded by Rahn, aye L'selmann, it was RESOLVED that the preliminary reports and plans ~c specifications on Public Imp. Projects #~F2A - water main extension at Senaca Treatment Site and #60 Part II, Harvey #2 street improvements be received. xt was further RESOLVID that the Preliminary Heaxing for Project ~42A be held at the Eagan Town Hall, May 18 at $:00 P.M. At about 1:30 A.M., upon motion duly made and seconded the meeting tras adjourned to 6:30 P.M. on May 5th at the Town Hall. The Chairman continued the Board meeting of May 4, 1971 at 6:30 P.M. Ma.y 5, 1979, all members being present. Tre Town Clerk presented a petition for sewer and water service ~.n Section 15 from Jerry Hagemeister. Upon motion be Chairman Klein, seconded by Supervisor Rahn, aye Uselmann it was RESOLVED that the request be referred to the Town Engineer for preparation of a. feasibility study to be submitted to the Board at a later time. Upon. motion by Chairman Klein seconded by Supervisor Uselmaxan it was ~~: RESOLVID that the Board of Review date be scheduled for July 13, 1971 from 2:3o to ~+:3a P.M. The Clerk presented a petition for sewer and water to the Norman Vogelphhl property near Cedar Avenue and Hwy.~~13. Upon motion by Supervisor Rahn, seconded by Supervisor Uselmann it was RESOLVED that the request be referred to the Town Engineer for preparation of a feasibility study to be submitted to the Board at a later time. Upon motion b~ Chairman Klein seconded by Supervisor Uselmann it was RESOLVED that the application for an off-sale beer license for the Eagan Pioneer Days to be held in September, 1971 be and hereby is approved. Upon motion by Chairman Klein seconded by Supervisor Rahn it wa.s RESOLVID the special use permit which was granted to Janus Sauna shall be renewed annually. - $ - ~e Town Clerk presented a request from Mr. Arvid Brand for a special use permit to open a body shop. Upon motion by Supervisor Uselmann, seconded by Supervisor Rahn it was RESOLVID that the special use permit be and hereby is granted subject to the condition that wrecked vehicles are not to be on the property for longer than 30 days and that the premises shall be maintained in a neat and orderly manner at all times. The assessment committee minutes of April 30, 1971 were reviewed by the Board and the following amendments to those minutes were made. At the end of the first partial paragraph add "with the exception of those wha request service prior to that date." At the end of the first full paragraph add "It was further recommended that when Beau D~Rue is improved the full front footage on Heau D'Rue be assessed." Upon motion made and seconded it was RESOL~ID to hire Mr. Robert Leary at the sum of $150.40 per month for building rnaintenanee purposes. Upon motion made and seconded it was RESOLVED that all wills be ordered paid and that warrants 5779-5828 drawn on account #1 101022 and warrants 831 through 835 drawn on account #11-01033 be and they hereby are ordered paid. Chairman Klein brought up the matter of the problems being encountered by Mr. Martin Shields regarding contractors violating the terms of easements granted by Mr. Shields to the Town. The Board directed that the Town Engineer, Robert Rosene and Town Attorney Paul Hauge contact Mr. Shields and then recommend the appropriate action to be taken to the Board. Nominations for appointment to the Advisory Planning Committee for the three year terms which had expired were opened. The following names were placed in nomination: Roger Sperling, Jon Marble, Thomas Diffley, Leo M:zrphy, Erwin Helmken, Dale Everson. There being no further nominations -9- upon motion by Supervisor Rahn, seconded by Chairman Klein it was RESOLVED that the vote by each member aF the Board should be for 3 of the 6 candidates. The results of the voting were as follows: Sperling 1y Marble 1, Diffley 2, Murphy 2, Helmken 2, Everson 1. The clerk ytas directed to notify all candidates of their nomination and of the results of the balloting and also that the appointment of the three members to the AFC would be effective as of Mayr 1 , 1971 . Upon motion by Chairman Klein seconded bz~ Supervisor Uselmann, it was RESOLVED that a Resolution be drafted permitting the passage of S.F. 2657 and H.F. 2593 authorizing the Dakota County Commissioners to submit to the voters the changing of the location of the county seat and be it furtY:er RESOLVED that copies of this Resolution be submitted to the Dakota County legislators and the Dakota County Commissioners. The Board then met with Fire Depart. in regard to the Disaster Plan. Upon motion duly made by Chairman Klein seconded by Supervisor Rahn aye Supervisor Uselmann it was RESOLVED that the Disaster Plan as amended be adopted for use in any local disaster. Mr. Carleton Vangsness a representative of Springsted explained their firm's consulting services in fiscal and management fields. Upon motion the meeting was ad,~ourned. Dated : May !~, 5, 1971 ~~ ~~ ., Town Clerk .. 1 p ..