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11/16/1971 - City Council RegularMINUTES OF P~ETING OF BOAt;~) OF SUI'ERVZSORS TOWN OF' EAGAN, DAKOTA COUNTX, MINNESOTA November 16, 1971 A meeting of the Board of Supervisors, Town of Eagan, Dakota County, Minnesota, was held on November 16, 1971, at 7:30 P.M. at the Town Hall, All rnen~bers were present. The minutes of the November 2, 1971 Board meeting were approved wir.~.: the change on the top of page 4, "while crossing Cedar Avenue" should read "going to and from school". The minutes of the November 9, 1971 meeting wera upon motion duly made and seconded approved with the following exceptions; 1. On page two, project 68 should read Project 60-A; 2. On page three, second paragraph relating to the warming houses the third and fourth sentences should read as follows; Representatives of the Park Committee indicated that Mr. Doa Christenson, contractor, had been contacted about drawing up the necessary waraning house plans to cost up to the amount of $800.00 for each warming house to the extent possible, tl~e remainder of the labor to be performed voluntarily by the Park Committee. Upon motion by Supervisor Uselmann, seconded by Chairman Klein, it was RESOLVED that Che Park Committee be, and it hereby is, authorized and directed to negotiate an appropriate contract, subject Co the approval of the Town Attorney, with a contractor for the construction of three warm.ia hfluses up to $800.00 each for the three areas outlined in previous Board minutes. rlr. Martin besLauriers appeared on behalf of the Police Department. a~z,{ requested a rsflectorized sign at Eiighway No. 55 and Eagandale Boulevard at t?:e d ivider. Upon motion by Supervisor Uselmann, seconded by Supervisor Rahn, it was R?SOLVL.'D that the sign be ordered. Mr. DesLauriers read a letter from the Attorney General's office indicating that legislation was passed in the Special Session and now signed f;* the Governor granting towns with viliage powers the right to permit its police officers to invoke the Implied Consent Law. Mr, DesLauriers indicated that the Highway Department had removed ail of the Eagan signs on Highway 13 several d.Y:> n~;n. He further requested a meeting with the $oard concerning salaries and t.:;~ $oarci set a special meeting for November 23 at 7:00 P,M. at the Town Hall, Mr. James O'Neill appeared with members of the Fire Department ac,d d iecussc~d the proposed fire hall location in Eagandale Park area. No concluai.o::. was reached as to location. Dale Peterson, the $uilding Inspector, appeared and indicated that thc. building permit granted to Orville Homes on Yankee Doodle Road mistakenly pro- vided for a 15 foot setback where a 30 foot setback was required between C-1 and R-6 under the zoning code. Mr, Jerame Hagemeister appeared as the owner to the South and indicated he would have no objection as owner of the R-6 zoned property if proper screening were provided. Upon motion duly made and seconuLd, it was recomwended that the Building Inspector, Town Engineer, owners to the South, and Town Attorney jointly with the owner of Orville Homes work out a plan for the screening and that the matter be resubmitted to the $oard at a later time; further that the owner of Orville Homes submit an application for variance if such screening agreement is worked out. The $uilding Inspector then reported regarding the application of Instant Homes, Inc. for a variance under Ordinance No. 20 to utilize temporary) water and sewer set-up. His recommendation was that Instant Homes be grants"s ~.. non-transferable water connection to the mobile home to be used far office pur~ poses on Highway No. 55 for only so long as a special use permit is granr.~d, Upon motion by Supervisor Uselmann, seconded by Supervisor Rahn, Aye Klein, i` was RESOLVED that said recommendation be implemented. w 2 - Supervisor Rahn, it was RESOLVED that the low bid of Greve Motors as indicated be, and the same hereby is, duly accepted and Superintendent Branch be, and he hereby is, authorised to proceed to purchase the trucks. Superintendent Bi11.BrancA also requested thaC the Town purchase 600 feet of rods for their sewer rodding machine. Upon motion made by Supervisor Uselmann and seconded by Chairman :Zlein, it was RESOLVED that Superintendent Branch be, and he hereby is, authorized and directed to purchase 60o feet of rods for the sewer rodding machine. . Building Inspector Dale Peterson appeared and requested that a variation from the set-baclc requirements of Ordinance No. 6 be approved on the basis of the Agreement by Arvilla Homes and the adjoining property owner, Jerome Hagemeister, on Yankee Doodle F.oad, copy of which Agreement was presented to the Board. Upon motion made by Chairman Rlein and seconded by Supervisor Rahn, it was RESOLVED that the set-back requirement under Ordinance No. 6 be, and hereby is, waived and a variance granted to Arvilla Homes on the basis of the Agreement of Arvilla domes and the ad- joining property owner, Jerome Hagemeister. Mr. Bob Deese „ representing Pemtom, appeared and applied for a sign permit to erect a 10' x 10` illuminated sign on the 'northwest corner of cliff Road and Cedar Avenue South, the sign to be advertising of the P.iversaood Addition. Upon motion by Chairman Klein and seconded by Super- visor Rahn, it was RESOLVED that the sign permit be, and the same hereby is, granted subject to the approval of .the Building Inspector and payment of the appropriate fees therefor. The reconsideration of previous Board action regarding the applications of William Heine, John Sullivan and IDS Properties, Inc. for re-zoning of 24 acres in the NE's of Section 4-27-23 from A-Agricul- tural to C-2, Commercial with regard to the. restrictions previously imposed on`the applicant by the Board at its meeting on November 23. 3 Mr. Charles Hall appeared cn behalf of the applicants. Residents appear- ed in opposition to the reconsideration. Chairman Klein, prior to the proceedings, removed himself from the Board for the reason that he had a personal interest in the rezoning. There was considerable discussion. Upon motion made by Supervisor Uselmann and seconded by Supervisor Rahn, it was RESOLVED to strike the first restriction adopted in the minutes of the previous meeting and to retain two, three, ac-d four, subject to the right of the applicants to request an additional public hearing if these limitations were not acceptable to IDS from a legal and financing s ~a;.dgoint . Clerk Bolke stated that the public hearing on 'the application of Orest Spande for rezoning part of Section 19-27-23 was requested stricken by the appli~:~t. Chairman Rlein ordered the application stricken without public hearing, •Chairman ~Clein next convened the public hearing on the application of Fox Midge Development Company to rezone part of the E~ of 'the SGJ'~ of Section 9-27-23 from R-6, Multiple Residential, to C-2, Commercial. It was noted that the APC recommended approval. Mr. Dennis Daly appeared on behalf of the applicant. There was no opposition to the application. Upon motion made by Supervisor Uselmann and seconded by Supervisor Rahn, it was RESOLVED that the application for rezoning of the E~ of the S[a'~ of Section 9-27-23 from R-6, Multiple Residential to C -2, Commercial, be, and the same hereby is, duly approved. Chairman Klein next convened the public hearing on the applica- tion of Elmer Scott for rezoning of part of the E'~ of the SE's of Section 24-27-23 from A-Agricultural to R-I, Light Industrial. It .was noted that the APC recommended denial. Mr. Elmer Scott appeared on behalf of hi~s application.- Considerable discussion was had with regard to the zoning of surrounding property and the use to which the property would be put 4 Chairman I:lein then retook his seat and announced the psblic hearing on the application of Inland Construction Corporation for its preliminary plat approval of a 17 acre parcel in part of the ct~1'~ of the SW~ of Section 20. The Advisory Planning Committee recommends approval. The plat fvr Eagan on the Green would consist of 28G units with underground parking and a 2 to ~, total parking including outdoor parking; the developer indicated that 12 acres of the total 70 acres North of Highway No. 30 was intended to be dedicated to the Tcw.~ for park purposes; and that part of the area to the East would consist of town- ;souses under the present plan. Questions arose as to the method and amount of park dedication to be made for the 1? acre parcel. Upon motion by Supervisor Uselmann, seconded by Supervisor Rahn, aye Chairman Klein, it was RESOLVED that Che application be approved sub~ect,however, to final approval by the Park Ccm~- mission and the Board as to the dedication of cash or land prior to the grant of building permits and that the applicant work with the Park Committee in this respect. There was no opposition to the application. Mr. Gary Koerner appeared at the request of the Board relating to an application of Rauenhorst Corporation concerning the construction of a buildif~.g for the Koerner Trucking Company on Mike Collins Drive in Eagandale Center Industrial Park North of Yankee Doodle Road. Idr. Itoerner indicated the purpose of the building is to house heavy construction equipmenC and dump trucks. Dt:.~p trunks would be outside in the summer and Mr. Koerner indicated he would con- struct screening requested by the Board but that most equipment would be kept inside. The Board indicated that it was concerned about keeping the area neap: and that the lot be essentially dust free. The owner indicated that he would put up whatever screening was requested by the Board at the present or future t I.1nF s The Town Attorney submitted a letter on behalf of Charles Hall., ,Tnh:: Voss and the Town Attorney recommending that Tony Rosxak be hired as the 2I''•- pra9.ser for the Park Board to appraise initially Che firsC eight parcels }~1•o~:.a::~ -5- for park purposes which appraisal would be submitted with the revised applica~ tion to HUD. Upon motion by Supervisor Uselmann, seconded by Chairman Klein, aye Supervisor Rahn, it way RESOLVED that Mr. Roszak be employed to appraise the first eight proposed park parcels provided that Mr. Ros2ak can complete the work within the next four to six weeks. The Board then reviewed with the Town Engineer a proposed letter con<- cerning the alignment of I35E and Cedar Avenue interchange bridge. No action was taken in this respect. Report of the Town Attorney concerning the Metro Sewer Board purchase of the Cedar Grove Secaage Treatment Plant was rescheduled for December 7 meeti.~-.;~, The report of the Town Engineer regarding street improvements for Pilot Knob Heights First Addition was rescheduled for December 7. A letter from Land Planning and Engineering Company, the ocmer of property in the Wescott Hills area requesting a proposed extension of No. 58, Part 3, to include sewer and water extensions to that area was next considered. Upon motion by Supervisor Uselmann, seconded by Supervisor Rahn, aye Chairman Klein, it was RESOLVED that the request be approved and that the change order to Project No. 58, Part 3, be approved subject to the acquisition of necessary easements and eventually platting of the area according to the drawing submitted by the developer. Mr. Larry T-~enzel appeared on behalf of his application for building permit for a commercial building in part of the GIB of the NWT of Section 17 located in Cedar Industrial Park. The cost of the building would be $55,000.40 to be used for office and warehouse. Upon motion by Supervisor Uselmann, seconded by Chairman Klein, it was RESOLVED that the building permit applicatio be approved subject to Town Engineer and Building Inspector's approval. The Board then discussed the letter from Jack P. DeBoer and Associate. concerning its request that the extensions in the Faleonshire Apartment ccmL>i;~; _5- area for sewer and water be delayed until Spring, 1972. Upon motion made and seconded, it was RESOLVED that the Board. delay the installation of such utilities until Spring, 1972. It was further understood that in the event that the re- quest of the developers was not made for the extensions in the Spring that-any stoppage costs be assessed against the property, The Town Engineer they submitted the bids front the contractors biddir. on Improvement Project No. 70A, a copy of :which bids is attached to these min- sites. The Town Engineer recommended approval of the low bid of Erickson Brother~~ Construction Company, Inc. Upon motion by Supervisor Uselmann, seconded by Supervisor Rahn, aye Chairman Klein, it wbs F.ESOLVED that the bid of Erickson Brothers Construction Company in the amount of $245,160.75 consisting of Projecr. No. 70A including Four Oaks, Coachman Road, Coachman Heights and the Briarwood areas be approved.. Upon motion by Supervisor Uselmana, seconded by Supervisor Raha, aye Chairman Klein, it was P,ESOLVED that Change Order No. 1 to Project No. 73 in the srun of $14,120.30 consisting of sewer and water extensions to Cedar Grove No, l0 be, and it hereby is, approved. Upon motion by Supervisor Rahn, seconded by Supervisor Uselmann, ayP Chairman Klein, it was RESOLVED that the contract relating to Townview covering Project No. 84 concerning sewer and water extensions to the Townview townhouse groject be, and it hereby is, approved and ordered executed by the appropriate officials. Upon motion duly made by Supervisor Uselmann, seconded by Supervisor Rahn, the following sign permits were approved: 1, Coca Cola Bottling Company, a 6' x 6' sign in its parking lot at 2750 Eagandale Boulevard; 2. A 2'6" x 13'9" sign on the Economics Laboratory Company property on Lone Oak P.oad, -7w Upon motion by Supervisor Uselmann, seconded by Supervisor Hahn, it was RESOLVED that the Board approve the payments to be made to Ralph Ostendorf and Max Norton covering the acquisition of right of cagy on Cliff Road on behalf of Dakota County. Upon motion by Supervisor Uselmann, seconded by Supervisor F.ahn, it was RESOLVED that the fee of $3.00 for the Minnesota Housing Institute Seminar at the Y4inneapolis Art institute be paid for any Planning Committee or Board men~b;;r: who desire to go. Upon motion by Supervisor Rahn, seconded by Supervisor Uselmann,it *~~as RESOLVED that the Town purchase a Royal Typewriter for the office in the sum of $250.00 according to the Town Clerk's estimate... Upon motion by Supervisor Uselmann, seconded by Supervisor Rahn, it was RESOLVED that the Town Engineer review the bids for microphones in the Town Hall. Upon motion duly made and seconded, it was RE50LVED that the Tot~n Clerk be authorized and directed to request from Dakota County the distribution of gas tax money for the Town of Eagan. Upon motion by Supervisor Uselmann, seconded by Supervisor P.ahn, it was RESOLVED that the request of Gopher Smelting Company Co release the bond on the gravel git on Highway No. 49 be approved. Upon motion by Supervisor Rahn, seconded by Supervisor Uselmann, all bills were approved as preseated and ordered paid according to F~arrants No. 6865 through 6961 on Account No. 11-010-22 and t~larrants No. 932 through 93$ on Account No. 11-010-73. Upon motion made and seconded, the meeting was adjourned. Dated: November 16, 1971 w 8..