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07/06/1971 - City Council RegularMINUTES OF REGULAR MEETING OF BOARD OF SUPERVISORS TOWN OF EAGAN, DAKOTA COUNTY, MINNESOTA July 6, 1971 A regular meeting of the Board of Supervisors, Town of Bagan, Dakota County, Minnesota was held on July 6, 1971, at 7:30 P.M. at the Town Hall, at which all members were present. It was noted :that an Assessment Committee meeting had been held immediately prior to the regular meeting of the Board. Chairman John Klein presided. Upon motion duly made by Supervisor Uselmann and seconded by Supervisor Rahn, Chairman Klein abstaining, it was RESOLVED that the minutes of the previous meeting of the Board be, and they hereby are, duly approved subject to the addition of the following motion: "Alvin Schultz appeared on behalf of his application for a trailer permit to provide living quarters for his parents on his property. Upon motion made by Supervisor Rahn and seconded by Supervisor Uselmann, it wag RESOLVED that the permit be - granted upon payment of the appropriate fees therefore and upon the condition that said permit is granted subject to occupancy solely by applicant's parents." There was no Fire Department or Utility Department business. Police Chief Martin DesLauriers appeared on behalf of the Police Depart- went and requested that the rented squad car be replaced and that he have authorization for obtaining bids on a 1972 model. Upon motion duly made by Chairman Klein and seconded by Supervisor Uselmann, it was RESOLVED to authorize Chief DesLauriers to obtain bids for the purchase of a 1972 squad car. Chief DesLauriers informed the Board that the Metropolitan Police Department Teletype Users Group has made application for Federal Funds to share in the cost of a new up-graded Teletype System and if these funds are granted our cost for connecting to this system would be approximately $126.00 per month. Upon motion duly made by Supervisor Uselmann and seconded by Supervisor Rahn, it was RESOLVED that the 'township would request this service when available if the Federal Grant is approve at a cost of approximately $126.00 per month. Chief DesLauriers also requested the purchase of hand-held radio walkie-talkies at a maximum cost of $12,800 to be shared by the State and Federal governments as follows State and Federal governments to pay $9638 and the Town to pay $3,226. Upon motion made by Chairman Klein and seconded by Supervisor Rahn, it was RESOLVED that Chief DesLauriers be, and he hereby is, authorized to submit a request for State and Federal funds in the amount of $9,638 and to expend Town funds to a maximum of $3,22b for the purchase of the appropriate number of hand-held radio walkie-talkies for the Eagan Police Department conditioned upon the said State and Federal contributions. Police Chief DesLauriers further indicated that Emil Wasilowski, 1465 Ridgeview Terrace, had ignored his notice of April, 1971 to cease using his home for business purposes. The Chief of Police was directed to contact the Town Attorney to proceed with the filing of an appropriate complaint against Mr. Wasi- lowski. Park Committee Chairman Charles Hall rendered the Committee's report to the Board and, among other things, discussed the purchase from Cedar Grove Con- struction Company of Cedar Grove Outlots D and E and part of A. The Town Attorney reported that he had preliminarily discussed the financial arrangements for the purchase with bond counsel and with Mr. James Olsen of Juran and Moody, fiscal consultants, and it appeared that the only practical solution would be to issue warrants for a short period of time in the hope that they could be repaid out of funds being made available to the Park Committee from time to time during the term of the warrants. The Board indicated it wanted a more definitive view of the financial arrangements and directed the Town Attorney to look into the matter further. Upon motion duly made by Supervisor Uselmann and seconded by Supervisor Rahn, it was RESOLVED that, upon the Park Board's recommendation, the purchase of Outlots D and E and part of A from Cedar Grove Utilities Company upon the basis suggested by the Town Attorney and accepted by Cedar Grove Construction Company as indicated in Mr. Jean Parranto's letter of June 21, 1971 to the Town Attorney be, and the same hereby is, duly approved subject to the Town Attorney and -2- Town Fiscal Consultant working out a feasible method of financing. Upon motion duly made by Supervisor Uselmann and seconded by Supervisor Rahn, it was RESOLVED that the expenditures of $300 for playground equipment for McKee Park and approximately $300 for final grading for Rahn School Hockey area as budgeted by the Park Committee be, and the same hereby are duly approved. Upon motion made by Chairman Klein and seconded by Supervisor Uselmann, it was RESOLVED to authorize the Park Committee to engage the Town Engineer to study the cost of extending storm sewer service to the outlots in Cedar Grove No. 6 and to provide for an appropriate ponding area. Chairman Hall stated that three members of the Park Committee, Ferguson, Hartison and Kramer, had previously submitted resignations and that they had been accepted by the Committee and replacements were in order. Chairman Hall submitted the following names for consideration to fill the three vacancies, namely, Larry Strohkirch, James Maloney and Jan Callenius. Chairman Klein announced that the Board would take the nominations under consideration and would fill the Park Committee vacancies at the July 20th meeting and directed the Clerk to place the matter on the Agenda for that Board meeting. Chairman Hall also proposed a special committee for the purpose of continuity in naming the public parks in Eagan, such committee to consist of two members of the Park Board, two resident members•at- large and one member from the Board of Supervisors. Chairman Klein appointed Supervisor Rahn to serve on this committee as the Board of Supervisor representa- tive. The following building permit application was submitted: Lloyd Ferrin, 2051+ Marble Lane, requesting a variance to place a swimming pool ten feet from his rear lot line. Upon motion duly made by Supervisor Rahn and seconded by Supervisor Uselmann, it was RESOLVED that the variance requested be, and the same hereby is, granted and the building permit ordered issued upon payment of the appropriate fees therefor. -3- A sign permit application by Lawrence Sign Company was next submitted to add to the existing sign of the Valley National Bank with a time and tempera- ture dial and the additional words "Full Service Bank". Upon motion duly made by Chairman Klein and seconded by Supervisor Rahn, it was RESOLVED that the sign permit application be, and the same hereby is, granted upon payment of the appropriate fees therefor. Chairman Klein next convened the public hearing on Public Improvement Project ~~75 covering street improvements in Eagandale Center, Industrial Park No.~i_ The Town Engineer delivered his report on the proposed project. There was no opposition to the project. Upon motion duly made by Chairmen~Klein and seconded by Supervisor Uselmann, it was RESOLVED that Public Improvement Project ,175 be, and the same hereby is, duly approved and ordered in. Chairman Klein next convened the public hearing concerning the applica- tion of Kenneth Appelbaum to rezone Lots 1 and 2, Block 2, Robert Karatz Addition from R-1 to R-6, Residential. It was noted that this public hearing was continued from the Board meeting held on June lst. Mr. Marvin Green, Attorney, appeared on behalf of certain residents from the Letendre Addition as did a number of the residents in opposition to the two applications and proposed Public Improvement Project #73. Mr. Kenneth Appelbaum appeared on behalf of the applications and in support of said Project # 73. Mr. Green, Attorney for the adjacent property owners, objected to the original application for the rezoning on the grounds that a list of property owners within 200' was not submitted with the application. It was noted that the Clerk had notified the adjacent property owners as on the current County Auditor list on file in the office. The Town Engineer, Mr. Rosene, explained the rezoning and proposed vacation of the portion of Donald Avenue in the Robert Karatz Addition. The relocation of the street would give public access to a parcel of property previously served by only a 20' easement. This application had been recommended for approval by the Advisory Planning Commission. -4- Mr. Green objected to the rezoning on the basis that these two lots had been set aside as a buffer zone and it is still needed, Mr. Rosene stated he felt this plan was desirable and the remaining property to the East would be too small for single lots and should be included in the overall R-6 zoning. Mr. Appelbaum stated that when the property was originally zoned he did not own the vacant lots, however this corrects a bad situation. Upon motion by Supervisor Uselmann seconded by Supervisor Rahn, aye Chairman Klein, it was RESOLVED that the application for rezoning of Lots 1 and 2, Block 2, Robert Karatz Addition from R-1 to R-6, Residential be, and the same hereby is, duly approved. Mr. Uselmann further stated that he felt this was proper planning for this area, was recommended by the Advisory Planning Commission, the residents were aware of this application and were properly noticed, and the application filed properly. Upon motion duly made by Supervisor Uselmann and seconded by Supervisor Rahn, aye Chairman Klein, it was RESOLVED that a Public Hearing on the vacation of part of Donald Avenue North of Letendre Road be held on August 17, 1971 at $:00 o'clock P.M. The application for variance for front footage and division of certain lots in the Letendre Addition was next heard. Mr. Green stated he could see no reason for the division of these lots; he felt a variance should be granted only when unnecessary hardship is caused. This would change the character of the plat as the other lots are 110' wide. Chairman Klein stated that this is a 28 year old plat which was filed prior to sewer and water being installed and currently lot sizes are changing and a 2~' variance is not a great deal. The applicant is not requesting a variance on the area but only on the front footage and if this were platted today it would be different. Upon motion duly made by Chairman Klein, seconded by Supervisor Uselmann, aye Supervisor Rahn, it wa6 RESOLVED that the front footage variance from Ordinance No. 6 and the division -5- of lots in the Letendre Addition be, and it hereby is, granted on the basis that the variance won't change the planning in the overall area. The continued public hearing regarding Public Improvement Project 473 which consisted of proposed sanitary sewer, storm sewer and water improvements in the Letendre Addition which was also continued from the June 1st meeting was next heard. Mr. Green stated that some of the residents had not received notices of this hearing. These residents had been previously notified and were aware of this hearing and the Town Attorney stated that lack of notice does not invalidate a hearing. Mr. Green further requested that if the improvement is ordered in that the property owners who face Heritage Lane be assessed only for the Heritage Lane front footage and the Donald Avenue footage be calculated and charged to the trunk fund and subsequently charged as a hook-up when they are connected, there- fore, if the lots are not divided they will not pay for this footage. The Board felt this would have to be determined by the assessment committee and the ~isca.l- ~^^~»'*nn=. Upon motion by Supervisor Uselmann, seconded by Supervisor Rahn, aye Chairman Klein it was RESOLVED that Public Improvement Project X73 be, and hereby is duly approved and ordered partially on the basis that it does encourage R-1 development in this area. The Board hereby suggests that the Assessment Committee considex giving some relief on assessments on the double-faced lots. Mr. James McShane appeared on behalf of the application of Rauenhorst Corporation for a building germiC for Elca Enterprises on part of Lot 27 and Lots 28 and 29, Block 3, Eagandale No. 3. It was noted that the Advisory Planning Committee recommended approval. Upon motion duly made by Chairman Klein and seconded by Supervisor Rahn, it was RESOLVED that the building permit application be, and the same hereby is, granted provided that appropriate provision be made for the land as planned for the new fire station and upon -6- payment of the appropriate fees therefor predicated on an estimated coat of con, struction of $97,000 for a 15,000 squaw foot building and further subject to the approval of the Town Engineer and Building Inspector as to plans, specifications and site plan layout. Mr. Ronald Ryan appeared on behalf of the application of Rauenhorst Corporation for a building permit to construct a 15,000 square foot Outboard Marine Corporation building on Lots 1 and 2, Block 2, Eagandale No. 3 at an estimated cost of $110,000. It was noted that the Advisory Planning Committee recommended approval. Upon motion duly made by Supervisor Uselmann and seconded by Supervisor Rahn, it was RESOLVED that the building permit application be, and the same hereby is, duly approved and ordered issued upon payment of the appra- priate fees therefor, subject to the approval by the Town Engineer and Building Inspector of the plans and specifications and site plan layout. Mr. Harold Wiegner appeared on behalf of the application of Power Tools Company for building an addition onto an existing structure on Lot 2, Block 1, Cedar Insustrial Park at an estimated cost of $65,000. It was noted that the Advisory Planning Committee recommended approval subject to certain conditions contained in the minutes of the last meeting of the Advisory Planning Committee. Upon motion duly made by Supervisor Uselmann and seconded by Chairmap Klein, it was RESOLVED that the building permit application be, and the same hereby is, duly approved and the permit ordered issued upon payment of appropriate fees there- for and subject to the approval of the Town Engineer and Building Inspector of the plans, specifications and site plan layout and also the submission of appro- priate mechanical and electrical plans. Upon motion duly made by Chairman Klein and seconded by Supervisor Rahn, it was RESOLVER that the Tawn Engineer be, and he hereby is, authorized to prepare a storm sewer plan for the Sibley Terminal Yndustrial Park in accordance with Bud Johnson's plan for future development. -7- Mr. Arnold Carlson appeared on behalf of his application for relocation of street and sanitary sewer for the Wilderness Run Addition near Pilot Knob Road. It was noted that the Advisory Planning Committee recommended approval. Upon motion duly m de by Chairman Klein and seconded by Supervisor Uselmann, upon the Town Engineer's recommendation, it was RESOLVED that the application be, and the same hereby is, approved and granted. Mr. J. C. Sweeney appeared on behalf of his application for a special use permit for the operation of a Crailer sales park East of Kighway No. 49 and North of County Road No. 63. It was noted that the Advisory Planning Committee recommended approval. After discussion with the applicant Chairman Klein continued the matter until the July 20Ch Board meeting. The application of Don Christenson for a variance and for a building permit for a single family residence on a parcel adjacent to Pilot Knob Road was presented and discussed with the Town Engineer. It was noted that the Advisory Planning Committee recommended approval. Upon motion duly made by Supervisor Uselmann and seconded by Supervisor Rahn., it was RESOLVED that the applicant be advised to request a driveway .permit fxom the Dakota County Engineer, after which the applicant could renew his application for the variance predicated upon the County driveway permit. The Town Attorney reported on the status of the Cedar Grove Utilities Company purchase and Indicated that pursuant to the purchase agreement the sale would have to be consummated on or before August 15th, 1971 at the latest in order to take advantage of the concessions to which Cedar Grove Utilities Company agreed, that the bond axle was scheduled for July 13th, and it appeared that all proceedings would be timely. Upon motion made by Supervisor Uselmann and seconded by Supervisor Rahn, it was RESOLVED that the Assessment Committee minutes for its June 15th and June 22nd meetings be, and the same hereby are, duly approved as presented. _g.. Upon motion made by Supervisor Uselmann and seconded by Supervisor Rahn, it was RESOLVED that the Town Engineer be, and he hereby is, authorized and directed to make a utility cost study for the proposed nursing home by James Driscoll. Upon motion duly made by Supervisor Uselmann and seconded by Chairman Klein, it was RESOLVED that the Town Engineer be, and he hereby is, authorized and directed to prepare a preliminary report for road improvements to the Fox Ridge Apartment area. Upon motion duly made and seconded, it was RESOLVED that the application for beer license far the Fourth of July applied for and issued to the Eagan Jaycee's, be, and the same hereby is, duly approved and ratified. Upon motion duly made by Chairman Klein and seconded by Supervisor Uselmann, it was RESOLVED to approve the Town Engineer's preliminary report for sewer and water extensions on Four Oaks Road covered by Public Improvement Project No. 80 and FURTHER RESOLVED to set the date for public hearing on August 3rd,1971. Upon motion duly made by Chairman Rlein and seconded by Supervisor Uselmann, it was RESOLVED that the plans and specifications far Public Improvement Project No. 58, part 3 covering sewer and water for Elrene Road, and Project No.68 for McCarthy Ridge Addition be, and the same hereby are, approved; and FURTHER RESOLVED that said projects be combined and that bids be received on July 30th,I97i at 3:00 P.M. at the Town Hall for the construction thereof. Upon motion duly made by Supervisor Uselmann and seconded by Supervisor Rahn, it was RESOLVED to increase the fee for Ordinance No's. 6 and 10 to $x.00 ea. Upon. motion duly made and seconded, all bills were approved as presented and ordered paid under Warrant Numbers 6096 through 6166 on Account No. I1-01022 and Warrant Numbers 8S3 through 858 on Account No. i1-01073. Upon motion duly made and seconded, the meeting was adjourned. Dated: July 6, 1971 `7:~-~ f-r ,%'~<<.~-.~: -9- own Clark