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10/07/1969 - City Council RegularMINUTES OF A REGULAR MEETING OF THE BOARD OF SUPERVISORS TOWN OF EAGAN, DAKOTA COUNTY, MINNESOTA October 7, 1969 A regulax meeting of the Board of Supervisors of the Town of Eagan, Dakota County, Minnesota was held at the Town Hall on October 7, 1969 at which all members were present. The meeting commenced at 8:00 o~clock P.M. The Chairman announced tha convening of the hearing on the appli- cation of Parranto Bros. Inc. to rezone the S~ of the NE4 of Section 1S, corm sisting of 80 acres from A, Agricultural to R-6 for apartment building purposes on the Toledo property. The APC recommended approval. Mr. Pete Parranto appeared on behalf of the applicant. The Board discussed the proposed park plan recommending 30 acres in additioa to the lake on the Toledo p~erty for future park purposes. The property owner indicated that the lake, together with approximately 8 additional acres will be dedicated according to the pro- posal for park purposes. Upon rmtion by Klein, secanded by Rahn, it was RESOLVED that the application be approved. Uselmann abstained from voting. The hearing concerning the application of Parranto Bros., Inc. to rezone 2Q acres in the W~' of the Ni~l~ of the NG1y-, of Section 15 from A, Agricul• tural to C-2, Heavy Commercial was next considered. The APC recommended approval. it was noted that a recommendation by the Township had been made that the property be recommended to C-2. Upon motion by Klein, seconded by Usel-~aann, aye Rahn, it was RESOLVED that the application be approved. The Board then opened the hearing concerning the application of the Alden Corporation to rezone part of the E~ of the NW4 of Section 30 consisting of approximately 20 acres from A, Agricultural to R-6, Residential for apartment building purposes. It was noted that the APC recommended denial at its regular August and September meeCings. Mr. Pete Parranto appeared on behalf of the applicant. He indicated that one objection of the Planning Committee was that the area would be desirable for commercial purposes was overcome by the proposed Dayton Development Project in the NE corner of the Township; and further, that the parking variance along the lot line of the property would be overcome by the adjacent property being rezoned under a current proposal for similar purposes and that the property owner adjacent to the property would provide a letter indicating he had no objection to the parking proposal alo:~g the lot line; further that the property owners will submit a letter agreeing not to charge the State of Minnesota for freeway right-of-way to exceed the cost of the land to the applicant; further that no building permits would be granted until the locate Lion of freeway is determined; that 464 units are currently under the plan less the units within the proposed freeway; that the Town Engineer indicated that the Gedax Avenue right of--way under the proposal would appear ~o be adequate and that the entry to the property also now appears to be sufficient as revised; the Board also indicated that !~ considered that R-6 would appear to be a desirable buffer to the C~2 zoned area to the north. _Upan motion by Rahn, second« ed by Uselmann, aye Klein, it was RESbLVED that the application be approved pre~- vided that the Letters above ~rsentioned be submitted to the Town Clerk and further that all conditions above mentioned be fulfilled by the property owner. Mr. Louis Moriarty, Attorney, Mr. Carl Olson and Mr. Don Ress appeared on behalf of the application of Carl Olson to rezone 51 acres in Section 10 South of LeMa.y Lake fmm A, Agricultural to R-4 and Rw6. It was noted that the APG recommended approval but indicated that a resolution should be made concerning access to the property by public street. It was noted that the plan of the owners did not include access to a public highway and the Board determined to continue the hearing for two weeks to permit the owners to submit an access plan acceptable to the Board. The Board also discussed the need for a ponding easement under LeMay Lake on land owned by the applicants. The Chairman then announced the opening of the hearing on the appli- \~ ~,L, J cation of E. E. Parranto to rezone Lots 7, 8, 4~ lp and 12, Blackhawk Acres, r2~ from R-1, Residential to R-6, Multiple Residential. The APC recommended approval. Mr. Reuben Johnson and Charles Olson, the property owners on the East side of Blackhawk Road appeared opposing the application. Mr. Parxanto stated that the lots in Blackhawk Acres adjoining Blackhawk Road would be developed for single family residential before the proposed multiple area is developed. After corm siderable discussion, fl1e hearing was closed. Upon nation by Rahn, seconded by Klein, it was RESOLVED that the application be approved. Uselmann voted nay. The minutes of the previous meeting of the Board submitted to the Board were approved with the exception that the minutes of the September 16, 1969 be amended to read on Page 1, third paragraph to add that upon motion by Uselmann, seconded by Rahn, it was RESOLVED that Fire Chief Bill Schultz be authorized to attend the State Fire Convention with expenses to be paid by the Town. The Fire Chief and Assistant Fire Chief appeared on behalf of the Fire Department. They indicated that they had requested a bid from .names McCarthy for the road area around the Fire Hall but that Mr. McCarthy chose not to bid on the work. A bid had been recaived from Solberg Construction Co. for $2,110. Upon motion by Klein, seconded by Uselmann, it was RESOLVED that the bid of Solberg Construction Co. in the above amount be approved and that the funds be acquired from the Road and Bridge Fund on the basis that the street around the hall is publicly owned and used both for fire purposes and for general and special elections. The Fire Chief then presented two bids for four portable units, two mobile units and a base station as communications equipment for the Fire Depart- ment as follows: Aireom, West St. Paul $ 4,744.00 Motorola, Inc. 6,141.00 Also, a lease bid from Aireom was submitted in the sum of $130.00 per month toward the purchase of the equipment over a 5-year period. The matter was coYr timed to the October 21 Board meeting. ..3.. Police Chief Martin Des Lauriers appeared on behalf of the police Department and presented a proposed curfew ordinance intended to be adopted by all municipalities in Dakota County and to be presented at a Dakota County Police Chief's meeting on October 8. Chief Des Lauriers also presented a letter requesting speed sign changes and xoad restriction requests proposed to be presented to Dakota County. Upon motion by Klein, seconded by Uselmann, it was RESOLVED that the request be for- warded to Dakota County for its review and action pursuant to the letter sub- mi ned. A gentlemen appeared on behalf of a request for a building permit for a double mobile unit on Lots 1 and 2, Zehnder Acres neax Highway 413 and Lane Oak Road. The Board discussed access and sewer and water utilities and requested that the applicant present a petition on behalf of himself and neighbors for utilities in the area. Wayne Winsor appeared with an application for a residence on Lot 10 of proposed Blackhawk Hills Addition on the North side of Blackhawk bake, After considerable discussion, upon motion by Klein, seconded by Rahn, aye Uselmann, it was RESOLVED that the building permit, 78' x 28' with attached garage, $80,000 be approved with the understanding that the developer will cooperate to retain the natural appearance in Blackhawk Hills Addition on Blackhawk Lake and further that the Board will cooperate with the Park Board for the acquisition of park land on the South side of the lake. Upon motion made and seconded, it was RESOLVED that the application of David Johnson far residaztial building permit, $60,.000 on Lot i of proposed BlackhtttAlc Hills L.ddi~ion be approved with the same foregoing; stipulations. The application of Donaldson Company; $loonington for buildin„ pexriit in•proposeu Ec.Can3ale Center Industrial Park 1Vo. 3, South o£ Lone Oak Road in the sum of 2.8 million dollars for industrial plant, upon motion by Klein, seconded by Uselmann, aye Rahn was granted. The APC recommended approval. w~r The application of Parranto Bros. Inc. for industrial building in O'Neill•s Homestead for James Imre was submitted, It was noted that the building will be 30' by 80', $29,000 and thus exempt from the registered engineer approval requirement. Upon motion by Klein, seconded by Rahn, it was RESOLVED that the application be approved, Don Knight and Tom Monahan appeared on behalf of Valley view Water Works Company requesting that the Town of Eagan take over the Valley View Water works system pursuant to agreement. A resolution of the stockholders of valley view Water Works was pxesented approving the sale to the Totunship in the sum of $21,500. Upon motion by Klein, seconded by Uselmann~ aye Rahn, it was RESOLVED that the Town acquire and take over the water works system to be transferred by the Valley view Water Works Comparry to the Town by Bfll of Sale; the Board further agreed to cooperate with the precious owners in collecting any outstand+ ing water bills on the same basis that it handles its own past due bills but that the company agrees to handle the collections other than £or water bills; the motion was further subject to acquisition of all necessary documents for transfer of the system as approved by the Town Attorney. The Board then reviewed the assessment roll relative to Country Home Heights Addition, Eagandale Center No. 1, etc. pursuant to hearing on September 30, 1969. The Board reviewed the objections of Alt. Lloyd Zepherin and Thomas C. Tollofson in Country Home Heights. Upon motion by Rahn, seconded by Uselmann, aye Klein, it was RESOLVED that the assessment for TollafsoA would be based on 200 front feet for each lot abutting on Avalon with 150 ft. corner lot allowance for a total of 4I0 ft. front footage lateral sewer and water assessment; the assessment for Mr. Zepherin would provide for twa 150 ft. corner lot allowances on the property owned by the Zepherins consisting of 528' x 82.5', The application of DCR Company for addition to its shopping center and mall area in Cedarvale Shopping Center, 160' x 100, total $150,OQ0 per applica- .,5.. tion was next considered. Upon motion by Klein, seconded by Rahn, it was RESOLVED that the building permit be granted but that the Clerk call the appli- cant and get a more realistic cost factor for the building. Upon motion by Klein, seconded by Uselmann, it was RESOLVED that the Assessment Committee minutes of September 30, 1969 be approved as presented. The Board discussed settling the request for compensation from the Chicago-Milwaukee Railroad for railroad fires along the railroad right-of-way in Eagan. No decision was made.. The Town Attorney presented a proposed letter to be signed by the Chairman addressed to the Metropolitan Council for clarification concerning the notation in the September 26, 1969 Action Briefs of the Metro Council relative to sale of sewer bonds in March of 1969. Upon motion by Klein, seconded by Uselmann, aye Rahn, it was RESOLVED that the letter be forwarded to the Council requesting clarification of the issue. Upon motion by Uselmann, seconded by Rahn, aye Klein, it was RESOLVED that the request for storm sewers, sanitary sewer and water improve- ments in Country Home Heights Addition be received and be submitted to the Town Engineeer for preparation of preliminary report, advising the Board in a pre- li urinary way as to whether the proposed improvement is feasible, including the estimated cost. The Town Engineer presented a preliminary report for extension of water main in Cedar Industrial Park through the &-E-B plant site. Upon motion by Rahn, seconded by Uselmann, aye Klein, it was RESOLVED that the preliminary report be received and that a public hearing concerning the report be scheduled for November 4, 1969 at 8:00 o~clock P.M. at the Town Hall. The town Engineer read a letter from Howard Gelb of Crown Builders, Inc. requesting the down take over the streets in South Oaks Addition.. The letter also requested that the Town accept the final plat of Lexington Addition -6- with the undexstanding that the development contract and bond will be entered into and provided at such time that the construction and the development commence. The Board indicated that any approval of final plat would be condi- tional upon park requirements at the time that the construction is commenced. Upon motion by Uselmann, seconded by Rahn, aye Klein, it was RESOLVED that the Town Attorney be instructed to prepare a written report adivising the Board fn a pxeliminary way as to the feasibility of constructing a $5,000,000 water reservoir and 16 inch water main fxom Yankee Doodle Road to Apollo Road in Eagandale Center Industrial Park, includfng the estimated costs thereof. Upon motion by Klein, seconded by Rahn, aye Uselmann, it was RESOLVED that documents submitted by Cedar Grave Construction Company covering Cedar Grove No. 7 relative to FHA requiretvet~t8 be approved and executed. A form of pipeline easement from the Chicago-Milwaukee Railroad Company for crossing of the railroad property in Eagandale Center Industrial Park for water main, sanitary sewer and storm sewer lines was presented. Upon nation by Uselmann, seconded by Klein, aye Rahn, it was approved and ordered executed. Upon motion by Klein, seconded by Rahn, it was RESOLVED that the water and sanitary sewer service assessment on the Remick property in Valley View Platesu Addition be rebated in the sum of $I,2S.00. Upon motion made and seconded, it was RESOLVED that the application of NSP for gas utility permit on Eagandale Industrial Road between Eagandale Boulevard and 35E be, and it hereby is approved. Upon nation by Rahn, seconded by Uselmann, it was RESOLVED that the application of George Huber for permit for installation of gas pump island on Highway #13 be, and it hereby is, approved. Upon motion made by Klein, seconded by Rahn, it was RESOLVED that the application of Mr. G. Evenson, 2794 Highway X55, for a building permit for a 27~ x 24~ addition to his residence, X3,000, be approved. -7- ~~ An agreement with Dakota County to have the Dakota County Assessox do the assessment work for Eagan Township was submitted for consideration. Upon motion by Klein, seconded by Rahn, it was RESOLVED that said agreement be executed by the appropriate Town officials and returned to the Dakota County Assessor. Upon motion, all bills presented were ordered paid. Upon motion, the meeting adjourned. Dated: October 7, 1969. Town Clerk -$-