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05/18/1971 - City Council RegularMINUTES OF REGULAR r1EETING CAF BOAP,D OF SU?'ERVISORS TOinIN OF EAGAN, DAKOiA COUi1TY, 1~iIPdP3S^vTA May 18, 1971 A regular meeting of the Board of Supervisors, Town of Eagan, Dakota County, Minnesota was held at the Town Hall on May 18, 1971 at which all me~z~eYs were present. There was no Police, Utility Department, or Park Committee business. Mr. Dick Lemay appeared requesting a garage permit with 7ft, side lot line variance on Jurdy Road, Upon motion by I:lein, seconded by Rahn, it was RESOLVED that the request be granted, Mr. Raymond Rahn appeared and requested ~•~hether the Board had any requirement for approval of a permit to complete the additional nine holes on his golf course on Cliff Road. The Board indicated that it had no reason to grant a formal permit for the construction of the addition to the golf course. Mr. Niike Miklcelson, the owner of 160 acres consisting of the former Fitzgerald property on Johnny Cake Ridge Road, South of Cliff Road in Section 33, appeared requesting information whether the Board would grant building permits for two residences on the property. The Board suggested that Mr. Milckelson get in touch c•~ith Mr. Gerard Hegstrom of the Metro Council con- cerning the possibility of a location of a Metro area park in that section. The application of Mr. Donald Rasmussen for a garage, 34' x 34', on a vacant lot in Rasmussen's Addition was laid over until the applicant appeared. It was noted that a neighboring property owner appeared and objected to the application. Fire Chief Schulte appeared aad presented a letter recommending that the American Insurance Association Fire Prevention Code and that the Tdational Fire Protection Association Standards be adopted into the Eagan ordinances. Upon motion by Uselmann, seconded by Rahn, it was RESOLVED that the matter be referred to the Build in; Inspector, Fire Chief a:.d Town Attorney for revie=a and recommendation. The Fire Chief indicated that there had been a serious fire on the Chicago Northwestern Railroad right of way and that ccn.siderable cost has L-ee~~ incurred by the Town including the use of the Eagan Fire Department and the 1~Iendota Heights Fire Departments. Upon motion by I:lein, seconded by Uselm;:n:~, it was RESOLVED that the Toc~n Attorney be instructed to contact the railroad presenting the facts and the bills concerning the fires. Mr. Bill Jenson appeared on behalf of Serco Engineering Labs concer~~- ing water quality in the Cedar Grove Utilities Co. water systems. In addition, Mr. Paul Johnson from the Minnesota Health Department appeared and presented a Health Department Report on the subject. p1r, Jenson indicated that tests had been taken on water samgles and at selective residences in the Cedar Grove area served by the system. The conclusion of Serco caas that the water supply caas not contributing to the spots on clothes found by the residents.. Mr. Johnson indicated in his report that particles on clothing may be asphalt and minerals and recommended that the water be heavily chlorinated and that the mains be flushed systematically. The Town Engineer reported concerning a meeting with the Cedar Grove Utilities Systems representatives and indicated on June 4th it was proposed that the system be chlorinated. .The Town Clerk was requested to contact the to-,an health officer to review the complaint by same residents who were present that spots appeared on the scalps of certain children in the araa. Mr. Ralph tti~agner appeared on behalf of the application of Industrial Builders for a building permit on part of Lot ~, Block 1 in Cedar Industrial Park for a building for Rivera 6~ood Products, Inc. The APC recommended ap- proval. ilpon motion by IZlein, seconded by Uselmann, it was RESOLVED that the application be approved subject to final approval by the Town Engineer and the Bsilding Inspector. •Z- Mr. Tom Hastings appeared on behalf of the application of Jacl: DeBoa~- ~ Associates, Inc. for a building permit approval in Falconshire First Addition,. The APC recommended approval. Upon motion by I:lein, seconded by Rahn, it c~~as RESOLVED that building permits for 408 units be and hereby are approved sv.bje:t to Town Engineer and Building Inspector's approval and further subject yo the grant of necessary easements in the Addition, Mr. Jim McKay appeared on behalf of P.auenhorst Corp. to discuss informally the rezoning for commercial and apartment complex purposes on the Rauenhorst property at the Southwest corner of Lone Oak Road and proposed I351;- ivlr. 24cKay discussed the plans in detail and the Chairman explained that it was not a new hearing but rather an explanation of the proposal and plans. There e~ere questions from neighboring residential owners who objected to the rezoning and further a petition had been submitted to the Board requesting that the property be zoned back to the former zoning. After nearly two hours of discus- sion no action was talcen concerning the matter. rir. Kenneth Appelbaum appeared on behalf of his application to rezone Lots 1 and 2, Block 2, Robert Karatz Addition from R-1 to R-G; fox variance for front footage and division of lots in Letendre r^irst and Second Additions; and for vacation of a portion of Donald Avenue, Ilorth o:~ Letendre Road. The Chairman also convened the hearing concerning water, sanitar~- sewer and storm sewer improvements in the Letendre Addition area North of Yankee Doodle Road consistinn of Improvement Project ~~73. The Town Engineer presented the proposal for improvements and the floor c~~as opened to questions. Iir. Altman objected to the split of lots in Letendre Second Addition on the basis that the Southwest lot proposed clould not meet the 1?_,000 sq, ft. minimum lot area requirement because of the 20 ft, private easement. Other owners objected to the improvements on Donald and Vernon Avenues which would result in assessments on both the back and front of the lots abutting on both streets. The Board -3- reviewed the application of the developer of approximately one year ago to rezone lots in Robert ;:aratz Addition from ~~1 to R-G that was denied. After considerable discussion, upon motion by Rahn, seconded by Klein, it ~~as RE- SOLVED that the hearing be continued to Jtlne 1st Co permit the property owners in the area to review the matter in more de~~~.l. Uselmann voted aye. The Chairman then convened the hearing concerning Improvement Project ~t60, Part 2, consisting of street improvements in Harvey Addition No. 2, Property owners appeared with a petition requesting a study of the improvement.. The Tawn Engineer presented the report and the Board reviewed the recommendation of the Assessment Committee concerning the proposed assessment for the street improvements, The Town Engineer indicated that certain improvements are re- • quired at the present time due to the installation of utilit~.es durin 1970. The Board was uncertain of the desires of all the property owners concerning the installation of the improvements. After considerable discussion, upon motion ' made by Klein, seconded, by Rahn, it wes RESOLVED that the hearing be continued until June 1st at 8:00 P.i•I. at the Town Ball. The Chairman then convened the hearing concerning Improvement Project ~~72 relative to sanitary sewer and water improvements in the Falconshire Apart- went complex South of Yankee Doodle Road. Upon motion by IClein, seconded by Useimann, aye Rahn, it was RESOLVID that the project be approved and the Town Attorney be instructed to prepare plans and specifications. The Chairman then convened the hearing concerning the application of Raymond Rahn to rezone the East half of the Nf~I quarter of Section 34 on Cliff Road from A, Agricultural, to P, Public Facilities for golf course purposes. It was noted that the appiicant had requested zoning for the wrong parcel. Mr. Ray Rahn appeared on behalf of his application. The APC recamtnended approval. Upon motion by Klein, seconded by Uselmann, it was RESOLVED that the application be, -4- and hereby is, approved, and that the former zoning to P, Public Facilities, b;~ Mr, Rahn be, and it hereby is, revoked. Mr. Arnold Carlson appeared with his application for final plat approve: of Gilderness Run Addition in Section 27. Upon motion by Klein, seconded by Uselmann, it was RESOLVED that the application be approved. Mr. Carlson also submitted a request for a feasibility study for sanitary sewer and eater im- provements in Wilderness Run Addition and upon motion by Uselmann, seconded by Klein, aye Rahn, it was RESOLVED that the Town Engineer be ordered to prepare a feasibility study and to further prepare plans and specifications for the project. It was understood that the developer would build and finance the utility improvements and that there would be no necessity for assessments for the project. Mr. Jerome Hagemeiester appeared for review by the Board of his planned unit development East of Pilot Knob Road, He further requested a grad- ing permit for Crest Ridge and Denmark Avenues and a site grading permit in the area. He further requested a study for sanitary se~~~er and water #~~rovements in phase 4 of the project. Upon motion by Klein, seconded by Uselmann, it was FESOLVED that the Town Engineer be, and hereby is, requested to prepare a feasibility study for sanitary sewer and water improvements in phase 4 of the Pilot Knob Properties project; that the grading permit on Crest Ridge and Denma~:~. Avenues be approved; and that site grading permit in the area be approved. The developers were requested to submit to the Town Board the proposal for the covenants and restrictions on the common area in the townhouse development when they are prepared. Upon motion by Uselmann, seconded by Klein, it was RESOLVED that tt~e application of Beure'-Co. for final plat approval of Hillandale Addition No, 1 be, and it hereby is, approved and ordered executed. -5- Mr. Klaus Foerster appeared on behalf of the Metro Sewer Board conce?-n~ ing the public hearing relative to Project 42~A consisting of water main exten- sions to the Seneca waste treatment plant site! After the Chairman announced the convening of the hearing the Town Engineer explained the project and re- ported that the Sewer Board had no objection to the project. Upon motion by Klein, seconded by P.ahn, aye Uselmann, it was P.ESOLVED that the project be ana hereby is approved and further that a change order with Barbarossa and Sons, Inc. on Project 49, Part 2, be, and•it•hereby is authorized covering the tirater main extensions to the plant consisting of Project 42A. The Town En;ineer presented bids on Project 58, Part 5, consisting of the Fish Lake trunk sewer extensions and noted that Barbarossa and Sons, Inc. was the low bidder in the sum of $199,300, according to the bid tabulation attached to these minutes, The Town Engineer recommended approval and that the contract be awarded to the low bidder. It was noted that not all easements in the area had been acquired. Upon motion by Klein, seconded by Uselmann, aye Rahn, it was RESOLVED that the low bid be, and hereby is, approved subject, how- ever, to acquisition of all necessary easements. The Town Engineer then submitted the bids covering Project 53, Part 2. for Falconshire Addition P1o. 1, It was noted that the low bidder was Arcon Construction Company in the sum of $203,388.30, according to the bid tabulatic: attached to these minutes. The Town Engineer recommended approval and that the contract be awarded to the low bidder. Upon motion by Klein, seconded by Rahn, aye Uselmann, it was RESOLVED that the locr bid by Arcon Construction Company be, and hereby is, approved. The Engineer then presented the bid tabulations concerning Project ~~63 concerning improvements in the Ballantrae Addition. Robert Glende Construc- tion Company was the low bidder at $55,951.00, and Che Town Engineer recommend,ci approval of the low bid. Upon motion by Klein,. seconded by Uselmann, aye Rahn, -6~ it c~as RESOLVED that the low bid of Robert Glende Construction Company be, and hereby is, approved. The Town Attorney was requested to contact T•ir. Ky11o concerning his claim that certain trees had been destroyed on hi:. property by Hoffman Bros., Inc. during the 1970 construction season. Upon motion by Uselmann, seconded by Rahn, it was RESOLVED that war- rants 5858-5895 drawn on Account No. 11-01022 and warrants 837-839 drawn on Account No. 11-01073 be, and they hereby are, ordered paid. Upon motion by Klein, seconded by Uselmann, it was RESOLVED that the request of Charles Reug?er for a vegetable stand on Cedar Avenue be, and hereby is, approved for another season. Upon motion made and seconded, it was RESOLVED that the 3.2 beer licenses for the Pizza Hut on-sale and West End Hunting and Fishing Club on and off-sale be, and they hereby are, approved. The Board then accepted the resignation of Neil Black from the Metro Sound Abatement Council and determined it would review proposals fof a replace- went for Mr. Black. Upon motion, the meeting adjourned at 1:40 A.M. Dated: Tray 13, 1971 -7-