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12/07/1971 - City Council Regular1`~PTC33'E& ~ R- GUZAR MEETING $C1ARD-*4F SUPERVISORS, TO~~JN OF EAGAN DAKOTA COUNTX, PlINNESOTA - December 7, 1971 A regular meeting of the Board of 3npervisors, Town of Fagan, Dakota County, Minnesota, was held an December Z, 1971, at 7:30 p.~p. at Chi Town Hall at which till members were present. Chairman Klein presided, Upon motion made by Supervisor Uselmann aha.setonded by Supervisor Rahn, it was RESOLVED that the minutes of the ~~ard of Supervisors for meetings on November 16 and November 23 be, and they hereby are, unanimously approved as presented. Fire Chief Bi11 Schultz appeared and reported to the Board on the proposed new f ixe hall site in Rauenhorst Industrial Park tired indicated that a new site had been secured by agreement with Mr. James O'Neil repre- senting Rauenhorst-.and that the site was approximately 150 x 200 feet. Chairman Klein directed the Town Attorney to contact Mr. O'Neil to deter- mine how and when the title would be tuned over to the Town so that the Fire Department could proceed with the construction of the new fire hall. Police Chief Martin DesLauriers appeared.. on behalf of the Police Department and requested consideration of a no parking zone on Rahn Road between Beau de Rue and Bluestone and that parking be limited to official vehicles only in the vicinity of the Fire Hall and the church. Upon moti,pn made by Supervisor Uselmann and seconded by Supervisor Rahn, it was RESOLVED that a no parking zone be established by the Police Department as requested Chief DesLauriers also requested that cash bail money be author- ized is offenses handled by the Eagan Police Department. Upon ,notion made by Chairman Klein and seconded -by Supervisor Rahn, it was RESOLVED that an escrow account will be set-up to handle cash bail money collected by the Eagan Police $iJ~r transmittal to the County Courts. Upon motion by Chairman Klein and seconded by Super~tisor Rahn, it was RESOLVED that at the request of the Police Chief, Eag~-n Township join the state teletype service fora period of one year. Chief DesI,auriers also requested that appropriate identification signs be placed on Silver Bell Roads Chairman Klein directed the Town Attorney,. to write to the Minnesota Highway Department requesting that appropriate identification signs be posted on Silver Bell F.oad. Mr. John O'Toole appeared from the Dakota County Assessors Office requesting real estate tax abatements as follows: Veronica McLean t•]rong acreage used. This parcel ~~ 351o was assessed on 4.11 acres too much. Reduce from 6134 to 4762, payable 1971. 6•~arren & Vioia Rief Double Assessment. The value of # 3481 C2 this house is also on Parcel ~~3473B2. Abate value of house off this parcel. Reduce from 2278 to .334, payable 1971. Norman E. Mundahl After investigation, we found the 2d floor ~~ a 3033 is incomplete, Reduction should be made on the house value. Reduce from 3674 to 2868, payable 1971. Upon motion made by Supervisor Uselmann and seconded by Super- w7 visor Rahn it was~,RESOLVED that the requests for the abatements as pre- sented by the Dakota County Assessors Office be, and they hereby are, duly approved. Superintendent Bill Branch of the Utility Department appeared and presented the following bids received for the International ~Trtsck desired by the Department: Graeve Motors, Farmington, Sid A. $14,716.70 B. $ 5,997.00 Astleford Equipment Company, Minneapolis Bid A. $15,869.00 B. $ 6,193.50 He recommended the low bid receivie:d from Graeve P~Iotors, Farmington, in the amount of $14,716.70 for the large truclc and $5997.00 for the small truck be accepted. Upon motion ttaade by Chairman Klein and seconded by 2 There was no new Park Committee business. Upon motion by Chairman Klein, seconded by Supervisor Rahn, it was RESOLVED that the application of Gopher Smelting Company to enlarge its loading dock at the rear of the Gopher Smelting Company building on Highway No. 49 be approved subject to approval of the Building Inspector, A representative of Real Estate Marketing Corporation, ttie present .rrr..er of the l~~i-Site Apartments on Rahn Road, appeared requesting three sign rer~nits. Upon motion by Supervisor Uselatann, seconded by Supervisor Rahn, it :ti~as RESOLVED that the permit applications be approved subject, however, to t~~~ sign at the ~artment site to be located on the North side of the building r3ti,~~i• than on tap of the building. Mr. Dennis Daly appeared on behalf of the application of Fox Ridge Development Company concerning the public hearing scheduled for approval of preliminary plat near Yankee Doodle Road and Coachman Road, The Advisory Plaa, n3.ng Committee recommended approval. There was no opposition to the application, Upon motion by Chairman Klein, seconded by Supervisor Rahn, aye Supervisor Uselmann, it was RESOLVED that the application be approved. Chairman Klein then announced that he would vacate his seat on the Board because of his interest in the application of ~,tillfam Heine and IDS Properties to rezone approximately 14 acres in the NE's of Section 4 from A, Agricultural, to C-2, Commercial. He further vacated his seat concerning the hearing on the application of John Sullivan and IDS Properties to rezone app proximately 9.5 acres in the NE's of Section 4 from A, Agricultural to C--2, Cr:.i•r rrerci3l, It was noted that Chairman Klein vacated his seat on the Board far the hearing on these applications. Vice Chairman Rahn then corn~ened the hearings concerning the t<:~o r~b~f.~c.. mentioned applications and indicated that publication had been m?de in tt~e -3- Dakota County Tribune according to law for both applications. It was noted tY:e Advisory Planning Committee recommended approval, Mr. Charles Hall, Vice Presi- dent of Ogerations of IDS, appeared on behalf of the applicants for each appli- cation and explained that the proposal would include a pianned development office park oa a low density basis. He indicated that no construction would begin until after installation of the I-494 bridge and freeway. He further stated f:hat IDS would build the complex and that it would possibly be operated by a subsidiary corporation of IDS; that a 65 Co 100 acre park is eventually planned.o ~~~i+~erous property owners in the area appeared requesting that the decision on the. applications be delayed, some stating that they objected to a zoning Soutr. of a line running [^Iest from Ava]~on on the [alest side of Pilot Knob Road. There were q~~estions whether iDS contemplated the acquisition of the golf course to the West. Mr. Hall indicated that nothing was contemplated by IDS to this ef- fect and Chat the property had not been offered to IDS nor considered by it at tt:e present time. Other questions were asked from the floor. Supervisor Uselmann indicated that certain ordinance provisions would control development of the property in the future and after considerable discussion and upon motion by Supervisor Uselmann, seconded by Supervisor P.ahn, it was RESOLVED that the applications be approved subject to the following; 1. That the zoning be reverted from C-2 to A, Agricultural, if IDS or its subsidiaries sells the property included in the tzao applicatior.~ prior to its development. 2. That the C-2 zoning not be expanded South or West of the property that is the subject of the above applications. 3. That the natural amenities be preserved to as great an extent as possible in their existing conditions. ~F. That the are zoned C-2 in the. above applications consist or xi.;;,.: office park--motel-rbank type development only. -4- rezoned as requested. Upen motion made by Supervisor Uselmann and secocded by Su^ervisor~Rahn, it was RESOLVED that the application be, and the same hereby is, duly denied for the same reasons stated by the APC in their denial and on .the further ground that to so rezone would constitute spot zoning. At the request of Country Club Markets, Chairman Klein ordered their application for plat approval of a two acre parcel on Hgihway No. 13 stricken. Chairman Klein next convened the public hearing on the applica- .;;. tion of Inland Construction Corporation for re-zoning 40 acres in the ,~1~r~ We t 2 of the Southeast ~ of Section 29-27.23 from A-Agricultural tv a combination of R-1 and R-6, Residential. It was noted that the APC recommended approval. Mr. Cal Lindquist appeared on behalf of the appli- cant. No one appeared in opposition to the application. Ugion motion made by Supervisor Uselmann and seconded by Supervisor Rahn, it was RESOLVED that the rezoning applied for be, and the same hereby is, duly approved subject to an appropriate agreement with the Park Committee regarding dedication and/or payment of the a~spropriate park contribution. Mr. George Nason, professional planner, appeared on behalf of the application of G~ilmus Properties, Inc. for a grading permit on the north 2000 feet of the 205 acre parcel south of County Road No, 30 and. east of proposed Interstate 35 E in Sections 28 and 29-27-23. The Town 5~ Engineer recatramended approval of the application. Upon motion made by ' Chairman Klein and seconded by Supervisor Uselmann, it was RESOLVED that the application for grading permit be, and the same hereby is, duly approved and ordered issued upon payment of the appropriate fees therefor. Mr. Dave Carrot appeared on behalf of the Wall Corporation for a mobile home park permit under Ordinance No. 2 for construction of a mobile home park near the Northwesterly corner of Westcott Road, H~,ghways Nos. 63 and 49. It was noted that the APC recommended denial. Upon motion 5 made t~;q S:zpzrvls^r R: ~::~ an3 seconded by Su~;ervisor Uselmann, it w s RESC%.,iT:sD that the matter be continued until the Board +~tfng of January t+th, 1972, in order to enable the Board to consider the matter further. Upon motion made by Supervisor Uselmann and seconded by Super- visor &ahn, it was RESOLVED that a public hearing be set far 8:00 o'clock p.m. on Decer^lier 14, 1971, on the application of Norman Vogelpohl for approval of preliminary plat and revised preliminary plan for an apart- went complex near Silver $e Y`1 Road and Highway PIo. 13. r Thy application for re-approval by Donald Campbell of a prelim- iac:ry plat for Dierenfield Addition located on R4cCarthy Road and Red Ce~~3r F.oad k~as presented, the reason being that the plat had not been recorded caithin the time required by the Ordinance. Upon motion made by Su;~evirer P.shn end seconded by Supervisor Uselmann, it was RFSOL~LD that the re-application be, and the same hereby is, approved.. Mr. Arnold !Carlson appeared on behalf of his application for final plat approval of Wilderness Run, Second Addition. The Board in- formally directed the Town Engineer Snd the Town Attorney to clarify as between themselves the road easement problem relatiue to this plat. Upon motion made bS Supervisor Uselmann and seconded by Supervisor Rahn it w.ss RESOLVED that the final plat approval of Wildernes~ti 2nd.Additi~n be, and the same hereby is, duly approved subject to the inclusion of .the appropriate easement upon recommendation of the Town Engineer and the Tc~~,n Attorney and that the applicant will meet with the Park Committee. within a reasonable time ie order to comply with the Ordinance regarding park contribution, Upon motion made by Supervisor Uselmann and seconded by Super- visor Rahn, it was RESOLVED that the application of Wilmus Pxoperties, Inc. to rezone 205 acres south of County Road No. 30 and East of propos- ed Interstate 35 E in Section 28 and 29-27-23 be set down for public 6 .,~„ Uselmann, it was RESOLVED to grant a variance to Robert T. Johnson for the pupose of issuing a building permit for a single family residence upon a 2.31 acre lot located in Section '.31-27-23 subject to submission of an appropriate site plan and dedication, if necessary, of appropriate highway right-of-way. The Town Engineer then discussed with the Board his request for consideration of a future well-field site to be purchased from Mr. Ai-tYOld Carlson which, if purchased now, would in the meantime be used for perk purposes. TJo formal action was taken. The application by Cedar Grove Construction Company for two sign permits to be located in Cedar G;ove Additions 10 and 11 Baas next presented. Upon motion made by Supervisor Uselmann and seconded by Supervisor Rahn, it was RESOL~TED that the sign permit applications to place signs advertising the development on Cedar Grave Additions LO and 11 be, and the same hereby are, approved and ordex~eal issued upon payment of the appropriate fees therefor. The Board after discussion informa3ly directed the Town Clerk ~to advise Colonial Village by letter that the Board would handle collec- tion of connection charges in accordance with accepted procedure. The Town Clerk next presented a check for $379.20 from Mr. _ ti~~illiam Busch, attorney for Cedar Grove Utilities Company, requesting that the payment now be accepted in full and final settlement of all claims and differences as a result of the purchase of the Cedar Grove Utility Company assets. Upon motion duly made ,by~Sap~rvisor Rahn and seconded by 6upervisor Uselmann, it was RESOLVED that the payment be,. and the same hereby is, duly accepted in full and final settlement of all claims on the part of the Town of Eagan against Cedar Grove Utilit- ies Company for or an account Q~ the buy-out of the assets of Cedar Grove. Utilities Company. ~'. hearing on D::cer.~ber 1'~. ';'7:~, aw 8:00 p.m. The Toc~r:~ Ing u~ca~- repo±-tea to the Bo<<rd concerning proposed street im;~rove:~czts for Pilot Knob Heights First Addition. Upon moti.cn made by Supervisor Uselmann and seconded. by Supervisor Rahn, it :.was RESOLVED that the Town Engineer's report be, and the same hereby is, duly accepted and FURTHER RESOLVED that a public hearing be set for January 18, 1972, at 8:00 p.m. on the proposed street improvements. Upon motion made by Supervisor Uselmann and seconded by Super- visor Rahn, it was RESOLVED that the application of Mrs. Clarice McRae to xe-plat and xezone property fn LeTendre Second Addition and approxi- mately 14 acres East and North of Highway No. 13 on Yankee Doodle Road , be, and the same hereby is, set for public hearing on December~l4 at 8:00 p.m. The report of the Town Attorney regarding the proposed purchase by the Metropolitan Sewer Board of the Cedar Grove Sewage Treatment Plant, at the request of the Town Attorney, was continued until the December 14 Board meeting along cvith the consideration of the proposed Inver Grove Heights--Eagan 6Jater and Sewer Agreement. The Town Attorney O~~S t~rect- ed to obtain some 1ciAd of response from the Village of Inver Grove Heights prior to the December 14 meeting as a preliminary to executing a formal -agreement. rlr. Nick Nichols representing Inland Construction Corporation appeared 8ith a farm of HUD resolution for the Board to execute ao as_;to compiy with Section 236 of the Housing Act for the payment of rent supp- lements to prospective tenants in the project. -Upon motion made by Supervisor Uselmann and seconded by Supervisor Rahn, it was RESOLVED that the Resolution be, and the same hereby is, duly approved and adopted,,. as presented by Inland Construction Corporation subject to the approval of the Town Attorney. H~.i~ion made by Chairman Klein and seconded by Supervisor 7 Upon motiran made and seconded ell bi:'?.s Gs presented were approved and o•fd~red ga?.d acccruing to vouchers numbarad as follbws: Nos. Account 6099 to 7070 11-010-22 9~~0 to 949 11-010-73 Upon motion made and seconded, the meeting was adjourned. B1TED: DECyMEER 7, 1971 Clerk