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10/05/1971 - City Council RegularMINUTES OF REGULAR MEETING OF BQ4I2D GF SUPERVISGfi5 TOWN OF EAGF~N, DA;~2YiA COL':IT3', MINNESG%A Gctober S, 1971 A regular meeting of the Board of Supervisors, Town of Eagan, Dakota County, I4innesota, was held at 7:30 P.M. at the Town Hall on October 5, 1971. All members were present. Upon motion duly made and seconded, the minutes of the previous meeting were approved as mailed. Mr. Marrin Dea Lauriers appeared regarding Police Department bs3iness. iJp.~~- ~~~ct-.i..on made by Supervisor Uselmann, seconded by Supervisor Rahn, aye Chair„~an ir.J.ein it was RESOLVED that the Police Chief be authorized to have specificatio.:~s ::n-3 plans drawn for two additional police care according to the proposal suurnii,ted by Mr. Des Lauriers. The Police Chief further discussed a proposed grant application to the Governor's Crime Co!~.~mission and indicated that at the aext Board meeting he may request a resolution of the Board authorizing such grant application. He further i^dicated that the Region & Advisory Commission under the Governor's Crime Com<nis• sion had approved the radio alert project for Eagan according to the application submitted earlier. Fire Chief Schultz submitted a report of the Fire Department activities during the past year. Upon motion by Supervisor Uselmann seconded by Supervisor Rahn, it was RESOLVED that up to $200.00 be authorized for expenditure by the Fire Department to improve Fire Station ~~1 for a storage-area. Several members of the Fire Department gave a formal presentation relatix~ to the Fire Department bond election scheduled for October 19, 1971. L=pon motion by Chairman Klein seconded by Supervisor Rahn, it was authorized that two members of the Fire Department be permitted to attend a special fire department school. Mr. Bill Branch appeared on behalf_ of the Utilities Department and presented specifications for two maintenance trucks. Upon mction by Supervisor Uselnlnn seco-~ded by Supervisor Rahn it was RESOLVED that bids for four grader tires be authorized to be requested by the Utility Department. Supervisor Uselmann presented a brief report for the Park Committee. He :.ndicated that bids for three warming house, 12 feet by 20 feet, for tie Rahn ~c'~ool Park, McKee Park, and one other location to be determined had teen sub~,~itter~ :' R iOlla:a8 Miles Garages $775.00 each Cut-Rate Garages $900.00 " Lampert Lumber Co.$1,771.00 " Upon motion made by Chairman Klein seconded by Supervisor Rahn it was RELOLVFD that the law bid of Miles Garages as recommended by the Park Committee be awarded toget'~er with $250.00 for a propane heater in each of the warming houses, subject however to the approval by the Building Inspector as to the plans for the garages. Mr. Dan Gustafson appeared on behalf of the application of The Briarwood Addition developers for one four-unit building in the first phase of Briarwood Addition on Yankee Doodle Road. Upon motion by Supervisor Rahn seconded by Super- visor Uselmann it was RESOLVED that the application be approved. Upon motion by Chairman Klein seconded by Supervisor Rahn it was RESOLVED that the following sign permit applications be approved: A. Champion Auto Stores, 39'97 Cedarvale Drive; B. Ben Franklin Stores, sign on Cedarvale Center. At 8:00 p.m, the Chairman announced the opening of the public hearing concerning the application of Arnold Carlson to rezone from A, Agricultural to R-1, Residential and for preliminary plat approval for Wilderness Run Second Additicn which is East of Pilot Knob Road in the S'~ of the NW's of Section 27 consisting of 19.5 acres. The APC recommended approval. It was noted that it is proposed that a temporary sewage treatment an the East side of Pilot Knob would be installed. There would be 45 lots in the addition, all lots being of minimum size or over -2- consisting of 85 by 165 foot lots and 85 by 135 foot lots. The Town Engineer indicated that a temporary lift station may not be approved by the PCA or Metro Sewer Board. There were no objections to the application. It was noted that the APC recommended approval. Upon motion by Supervisor Uselmann seconded by Super- visor Rahn, aye Chairman Kleia it was RESOLVED that the application for rezoninb and preliminary plat approval be granted. The Chairman then announced the public hearing concerning the application ,~F Thomas Giguere to rezone part of the SW~ of Section 10 lying on East of Donald Avenue and North of Yankee Doodle Road from A Agricultural to R-1, Residential and also preliminary plat approval of Giguere Addition. The Engineer had, also, recommended approval according to his September 7, 1971 letter to the Board. TJpon motion by Supervisor Uselmann seconded by Supervisor Rahn it was RESOLVED that the application be a»proved and noted that no one appeared in opposition to it. The public hearing concerning the application of Frederick Post for approval of preliminary plat for Post Addition ~3 on Sibley Memorial Highway was next presented. It was noted that street easements for Hilidale Terrace and a portion of Highview Avenue were included in the proposed plat. Upon motion by Rahn se~~o~~ded by Uselmann aye Chairman Klein it was RESOLVED that the application be approved and noted that there was no opposition to the application. The continued hearing concerning the application of Cedar Grove Construction Company for preliminary plat approval for Cedar Grove No. 11 and for building permits for two model unite was next presented. It was noted that the zoning had been approved by the Board at an earlier meeting, and the balance of the application had been continued because of neighborhood opposition to the propose 1. Mr. Jean Parranto and Mr. Jack Dilientheis together with a representative of Suburban Engineering appeared on behalf of the applicants. Mr. Parranto indicated that a meeting had been held with the neighbors; that all buildings were proposed -3- to be 60 feet north of the existing single family lots in Cedar Grove 4~6 except for one R-5 condominimum unit which ~'~ be 50 feet north. Numerous neighbors appeared and a prepared written statement was read by one neighbor, opposing the project but in particular with concern about landscaping, line of sight, and storm sewer planning in the area. It was noted that there had been considerable drainage problems on the single family lots since the development of that portion of Cedar Grove ~~6. It was further anted that the Advisory Planning Committee recommended approval of the application. The Board further was told that the developer had commenced removing top soil on October 4, 1971, without a permit. The developer stated that a formal storm sewer system would be developed on the property to help resolve the drainage problem. Another objection was that only single car garages were planned for each unit in the development. After considerable discussion upon motion by Super- visor Rahn seconded by Supervisor Uselmann aye Chairman Klein it was RESOLVED that the preliminary plat application be approved and that the building permit for two models in the Northeast corner of the property be granted and that grading be permitted to commence only in that area at the present time; it was FURTHER R::SCL`JED that a landscape design, topography design, line of sight plans, and that storm sewer plans including any other requirements of the Town Engineer or Building Inspector must be submitted and approved by the Board of Supervisors prior to final approval of the preliminary plat and the issuance of further building permits and further that the proposal be submitted to the neighbors prior to the next appearance by the applicants before the Board for purposes of informing the neighbors of the plans. Upon motion by Supervisor Uselmann, seconded by Supervisor Rahn it was RESOLVED that a public hearing be scheduled for November 2, 1971, at 8:00 P.M. to consider the application of Orest M. Spande to rezone 15.96 acres from C-2 to R-6 -4- covering part of the SW's of the SW's of Section 19 on County Road ~~30. The application of Burnsville School District ~k191 for permit for construc~ tion of an addition to the Cedar Elementary School on Highway ~~30 and Cedar Avenue ws~ next presented. The APC recommended approval. Upon motion by Chairman Klein seconded by Supervisor Uselmann it was RESOLVED that the application be approved and that no fee for building permit purposes be required except for the cost of checking plans by the township. Mr. Dave Bartol and Mr. Duane Miedtke appeared on behalf of the application of Rauenhorst Corporation for approval of building permits for two additions to the Coca Cola Bottling plant at 2750 Eagandale Boulevard in Eagandale Park ~~1. It was noted the APC recommended approval. The estimated cost was about $1,000,OOO.CC with 8,000 square feet to the loading area and 80,000 to Che warehouse addition. Upon motion by Chairman Klein seconded by Supervisor Uselmann it was RESOLVED the applications be approved. The Board then considered the application of building permit and conditional use permit for Instant Homes for a sales area and highway display sign in Block 7, Robert O'Neill Homesteads on Highway ~~55 consisting of McKee property. The APC recommended approval. Mr. Jack Dietrich from McKee appeared on behalf of the ap- plication together with owners of Instant Homes. It was noted that one home would be used for office with up to 28 display models on the premises. Upon motion duly made and seconded, it was RESOLVED that the application for building permit and conditional use permit be approved on an annual basis and that in the event that the display area is not kept in an orderly manner to the satisfaction of the Board that the permits may be revoked at any time upon reasonable notice; further that the sign permit application be renewed at the next meeting of the Board after sub- mission of required information according to the ordinance. Mr. Edward E. Steinbsuer appeared on behalf of the application of Edina Engineering, Inc. for building permit for construction of an 80 foot by 90 foot -5- concrete and steel building in Sibley Te;:ninal Industrial Park consis~~~o _: *~pr_t of Lot 3, Bloclc 2, Sibley Terminal Industrial Park. The APC recommended approval. Upon motion duly made by Supervisor Uselmann seconded by Supervisor Rahn it was RESOLVED that the application be approved subject to final approval by the Town Engineer and Building Inspector including the submission of detailed plans and further with the understanding that there be no outside storage around the building. Mr. Jean Parranto and Mr. Jack Delientheia appeared on behalf of the appli- cation of Cedar Grove Construction Company for variance to provide the location of a residence over 0.7 feet utility side yard easement consisting of Lot 7, Block 10, Cedar Grove 4~7. The APC recommended approval. Upon motion by Chairman Klein seconded by Supervisor Rahn it was RESOLVED that the application be approved subject to the submission to the Town Clerk of evidence in writing that the buyer of the property had been given notice of the variance. The Board next considered the application of American Oil Company for a building permit for stall addition and car wash equipment for the Standard Oil Station on Cedar Avenue and Highway ~~13. The APC recommended approval. Upon motion by Chairman Klein seconded by Supervisor Rahn it was RESOLVED that the ap- glication be approved; the Board discussed the unsightly condition of automobiles parked around the lot and it was indicated that the lot would be cleared of excess au*_omobiles. Mr. Arnold Carlson submitted a petition signed by owners of approximately 1,000 acres in Section 21, 22, 27 and 28 requesting a feasability study for sanitary sewer trunk line through the area. It was also requested from the Willmar Properties owners of about 200 acres in Sections 27 and 28 for a similar study. After discussion and upon motion by Supervisor Uselmann and seconded by Chairman Klein aye Supervisor Rahn it was RESOLVED that the Town Engineer be, and he hereby is, directed to prepare a feasability study for sanitary sewer trunk and water -6- main installation in the above area and to report to the Board at a later time. The Town Engineer then reviewed a request by Inver Grove Heights to sErve the Emerald Hills Mobile Home Park in Inver Grove Heights with water services along the East towttehip boundary. Upon motion by Supervisor Rahn seconded by Supervisor Uselmann aye Chairman Klein, it was RESOLVED that a 8 inch water main in Chat area be added to Improvement Project #58 part 4 as a change order in the approximate amount of $11,000.00; it was FURTHER RESOLVED that the charges and assessments for the water services be referred to the Assessment Committee for recommendation and that the Town Attorney prepare an appropriate agreement between Inver Grove Heights and the Township covering the extension of the services. The application of Beure Company for building permits for five town house buildings containing 10 town house units per building on Blackhawk Road near County Road ~~30 Section 20 was next reviewed. It was noted that the APC recom- mended approval. Upon motion be Supervisor Uselmann seconded by Chairman Klein it way RESOLVED that the application for building permits be approved with the understanding that a donation of $40.00 per unit for park purposes be made accord ing to the ordinance. The application of Luther M. Stalland for lot variance under Ordinances ~~5 and ~k10 for construction of a residence on a 90 foot by 320 foot parcel East of Blackhawk Road consisting of the S90 feet and the N180 feet of the West 322.5 of the SE's of the SEA of Section 17 was next presented. The request was for a vsri- ante for a parcel under S acres. Upon motion by Supervisor Uselmaan seconded by Supervisor Rahn it was RESOLVED that the application be approved on the basis that- it was a separate parcel prior to the five acre provision. Upon motion by Supervisor Uselmann seconded by Chairman Klein it ie RESOLVED that the public hearing concerning the application of Fox Ridge Develop-~ went Corporation for preliminary plat approval for the W'~ of the E'~ of the SW's -7- of Section 9, North of Yankee Doodle Road be scheduled for November 1., 19°1, at 8:00 P,M. at the Town Hall. Upon motion by Chairman Klein seconded by Supervisor Rahn it was RESOLVED that the public hearing concerning assessments for water trunk for Sections 13, 14, and 15 be and it hereby is scheduled for November 2, 1971 at 7:30 P.M. at the Town :-!all. Upon motion oy Chairman Klein seconded by Supervisor Rahn aye Supervisor i~;.elm2.r.,~.~., it was RESOLVED that the plans and specifications covering Improvement P~'ojec... '69 consisting of sewer and water services along BlackhaWk Road be and they hereby are accepted and further that the Town Clerk be authorized to advertise for bids for said project to be opened at 3:00 P.M. on November 1, 1971 at the Town Hall. The Board then considered the proposed vacation of a porn on of Beau de Rue Drive exiting onto Highway ~k13 rlvo ::~ ciie new access road;. It was determined that it was not advisable to vacate than: portion or Beau de ltue Dclve for the reason that there are utility lines existing within the right of way. The Town Engineer then discussed the proposed termination costs to be charged agai.n~t the Falconshire Apartment Project for utility improvements due to the fact that t'ia~ Falconshire Project ilas not commenced. The Engineer recommended the installation of 800 feet of trunk water main but that no further. work be done zn the area for the present. Upon motion by Supervisor Uselmann seconded by Super- visor Rahn aye Chairman Klein, it was RESOLVED that the foregoing be adopted by r_he Board. Upon motion by Supervisor Rahn seconded by Supervisor Uselmann, stye Chairman Klein it was RESOLVED that the following contracts as presented be and hereby are ordered approved and executed: (A) McCarthy Well Company, covering deep well. pump #2, Project No.50, Part 3; (B) Berglund - Johnson Construction Company, Inc., -8- deep well ~2 pump house, Project ~~50, Part 4; (C) Richard Knutson, Inc., Public Improvement Project X64. The Town Attorney then presented the letter agreement with William Erothers Pipe Line Company, Tulsa, Oklahoma, covering the proposed lowering of pipe lines under new Elrene Road at a cost of $8,500.00. Upon motion be Supervisor Rahn seconded by Supervisor Uselmann, it was RESOLVED that the Agreement be approved and that the appropriate officials execute the contract. Upon motion by Supervisor Uselmann seconded by Chairman Klein, it was RESOLVED that the Town Attorney be directed to prepare an Ordinance providing that ary cost incurred by a utility company for purposes of adjusting or moving utility lines in the event of the installation of a utility or street project that such cost be borne by the utility company. The Town Attorney then presented a proposed ordinance relating to prepay- went of assessments for the acquisition of Cedax Grove Utility System in those cases where funds had been escrowed with banks prior to the acquisition of the system. Upon motion by Supervisor Rahn seconded by Supervisor Uselmann aye Chair- man Klein it was RESOLVED that the Ordinance ~~38 be adopted and that the Town Clerk be directed to publish according to law; further that an additional 30 days be granted the mortgage companies to pay the escrow funds to the Township through October 31, 1971. The Board then reviewed the request of the Peace Reformed Chuxch, 4300 Cedar Avenue South, to reconsider sanitary sewer and water assessments for the Cedar Grove Utility acquisition. It was noted that a change had been made in the assessment reducing the assessments for the reason that there is no sanitary sewer line on Cedar Avenue. Upon motion by Chairman Klein seconded by Supervisor Rahn it was RESOLVED that the amendment to Ordinance ~~14, the Fire Department Ordinance, Section 14.08 be and it hereby is approved and ordered published according to law. -9- Upon motion by Chairman Klein seconded by Supervisor Uselmann it was RESOLVED that Supervisor Rahn be authorized to represent the Township at the assessors meeting in Hastings on October 8. The Town Attorney presented numerous resoluCions in the form of amendments to minutes to meetings of the Board of Supervisors relating to the transcript for the October, 1971 general utility bond issue. Upon motion be Supervisor Uselmann seconded by Supervisor Rahn, aye Chairman Klein it was RESOLVED that the resolu- rions as presented and attached to the minutes be, and hereby are approved. The janitors service contract with Emory Alverson dated June I5, 1971, covering janitorial services for the Town Hall was upon motion by Supervisor Uselmann seconded by Supervisor Rahn approved as presented. The Town Engineer then presented the tabulations covering bids received and opened on October 5, 1971, at 3:00 P.M. at the Town Hall relating to sewer and water extensions to Pilot Knob Aeights Addition consisting of Improvement Project X77 as follows: Hoffman Brothers $145,581.64 Barbarossa & Sons 153,147.00 G. L. Contracting 155,004.80 Chapman Construction Co. 159,794.00 Austin P. Keller 160,484.80 Peter Lametti Const. Co. 171,798.00 Arcon Construction Co. 171,915.80 Richard Knutson 174,906.00 B. H. Heselton 191,792.30 Nodland Associates 271,415.00 Town Engineer recommended that the low bid of Hoffman Brothers consisting of $145,581.64 as corrected by approved and upon motion by Supervisor Uaelmann seconder -10- by Supervisor Rahn, aye Chairman Klein it was RESOLVED that said contract be awarded to Hoffman Brothers as recommended. The Town Engineer then presented bid tabulations relating to caster and sewer services in the LeTendre Addition area consisting of Project No. 73 relating to bids received and opened on September 28, 1971, at 3:00 P.M. The following bids were submitted: Erickson Brothers $156,16b.10 Hoffman Brothers 157,435.24 F.D. Chapman Const. Co. 161,466.75 Baxbarossa & Sona 174,527.50 B.H. Heselton Co. 182,362.50 Richard Knutson 184,472.50 Austin P. Keller 196,121.00 Fisher, Sand, Agg. Co. 201,550.00 R.A. Luxemburg 221,805.00 Upon motion by Supervisor Rahn seconded by Supervisor Uselmann, aye Chairman Klein it was RESOLVED that the low bid of Erickson Brothers Inc., in the sum of $156,166.10 as recommended by the Town Engineer be, and it hereby is approved. Upon motion by Supervisor Rahn seconded by Supervisor Uselmann, aye Chairman Klein, it was RESOLVED that the plans and specifications covering Improvement Pro- ject ~~84 consisting of improvements in the Town View Townhouse Addition be and they hereby are approved and that the Clerk be authorized to advertise for bids to be opened at 3:00 P.M. on November 8, 1971, at the Town Hall. Upon motion by Supervisor Uselmann seconded by Supervisor Rahn it was RESOLVED that the Town Engineer be, and he hereby is, authorized to prepare plans and specifications for the first phase of utility improvements for Project No. 87 consisting of Briarwood Addition, South of Yankee Doodle Road be, and it hereby is, -ll- authorized; FURTHER RESOLVED that a public hearing concerning the preliminary report relating to Project No. 87 be, and it hereby is, scheduled for October 19, 1971, at 8:00 P.M. at the Town Hall. Upon motion all bills were ordered paid according to the following schedule: Account No. 11-01022, checks 6641 through 6672; and Account No. 11-01073, checks 910 through 914. Upon motion the meeting was adjourned. Gated: October S, 1971 ~~ -12-