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03/17/1970 - City Council RegularMINUTES OF A REGULAR MEETING OF THE BOARD OF SUPERVISORS TOWN OF EAGAN, DAKOTA COUNTY, MINNESOTA March 17, 1970 A regular meeting of the Board of Supervisors of the Town of Eagan, Dakota County, Minnesota was held at the Town Hall on March 17, 1970 at which all members were present. At 7:30 P.M, a representative of the Park Committee reported that Mrs. Dixie Kramer requested permission of the Board to organize a youth program in the Cedar Grove area for activities for the youth in that area. Upon motion by Supervisor Rahn, seconded by Supervisor Uselmann, aye Chairman Klein, it was RESOLVED that the request as presented and outlined be, and it hereby is, approved. Mr. Ronald Enright appeared requesting a building permit for a residence on a 10 acre parcel in the SW's of the SW~ of Section 3S. Mr. Enright had appeared earlier and the Board had requested that a letter be requested of the Dakota County Board sdivising whether that property was intended to be taken by the County for County park purposes. A letter from the County Auditor dated March 13, 1970 was read indicating that the tract was included in the County's five year acquisition program for park purposes and requested that building permits not be granted on property of this nature. It was noted that Mr. Enxight had only an option for the purchase of the property. Upon motion made by Chairman Klein, seconded by Supervisor Uselmann, eye Supervisor Rahn, it was RESOLVED that the appli- cation for building permit for single family residence on said property be denied pursuant to the letter from the County Auditor dated March 13; further that the acquisition of property was only by option, and it did not appear in the best interest of the public to grant the permit where the information of the Board is that the County intends. to acquire the property for park purposes, Mr. Richard Rowland submitted an application far single family residence building permit in Evergreen Park Addition, $31,500, consisting of of a Wausau Company factory built home. Upon motion by Chairman Klein, seconded by Supervisor Uselmann, aye Supervisor Rahn, it was RESOLVED that the application be approved provided the Eagan Building Inspector make periodic inspections on the progress of the construction, and that such construction be approved by the Building Inspector. Mr. Larry Geislex, Midwest Planning and Mr. Louis Moriarity, attorney, appeared on behalf of the applications of Mr. Carl Olson and Mr. R. J. O'Neil to rezone property South of LeMay Lake and North and West of the intersection of Lexington Avenue and Yankee Doodle Road from A, Agricultural to R-4 and R-6 pursuant to application. The O'Neil parcel consisted of 20 acres intended for R-6, the Olson property consisted of 8.3 acres intended for R-4, 4.6 acres to R•6 West of I35E and 21.2 acres East of I35E to R-6. 7.tao neighboring property owners appeared objecting to the Olson application and requested that the Board grant only R-1 zoning East of the R-1 zoning and Northerly of a line running Easterly of the present R-1 zoning. It was noted that the Olson property now had access to its property .from Pilot Knob Road and that the APC recommended two access points to the property, Upon motion by Chairman Klein, seconded by Supervisor Uselmann, it was RESOLVED that both applications be and they hereby are, approved with the understanding that the property owners of record owning land under LeMay Lake imiolved in the application grant a ponding easement to the Township subject to approval by the Town Attorney. It was noted that the property was in the proximity of I35E close to other similar zoning classifications and generally in conformance with the APC guidelines. -2- The hearing concerning the applicBEion of Lawrence Poppler to replat and rezone property in Country Home Heights Addition for single family residential purposes was next presented. The APC recommended approval. The applicant indicated verbally that he wished to withdraw the applications for the reason thaC restrictions on the property did not permit subdivision of the Lots in Country Home Heights Addition. Upon motion by Supervisor Uselmann, seconded by Supervisor Rahn, it was RESOLVED that the applicant be permitted to withdraw the application by submitting a written request to do so and further submission of fees for rezoning and platting. The Chairman then announced the convening of the hearing on the Preliminary Report covering Improvement Project ~~51 consisting of street improvements in Eagandale Center Industrial Parks No. 1 and 3, Cedar Indus- trial Park and Sibley Terminal Industrial Park. Several property owners in the Country Hame Heights Addition area appeared questioning aspects of the street improvements but no written or oral objections were submitted. After discussion, upon motion by Chairman Klein, seconded by Supervisor Rahn, aye Supervisor Uselmann, it was RESOLVED that the Improvement be ordered and that the Town Engineer prepare the plans and specifications as outlined in the Engineer's Preliminary Report. Upon motion by Supervisor Uselmann, seconded by Chairman Klein, it was RESOLVED that the Town purchase 600 ft. of 2'~ inch hose at approxi• mately $1.50 per foot. Upon motion by Chairman Klein, seconded by Supervisor Uselmann, it was RESOLVED that the proposed radio service contract submitted by the Fire Chief for the new Fire Department radios in the sum of $384.00 a year be, and it hereby is, approved. The Town Attorney then presented the Mendota Heights Fire Assist- ance Contract and upon motion by Chairman Klein, seconded by Supervisor -3- Uselmann, aye Supervisor Rahn, it was RESOLVED that the contract be approved and ordered executed. The hearing concerning the request of Rauenhorst Development Cor« poratian for the vacation of a utility easement in Eagar~ ale Center Industrial Parlc No, 3 adjacent to Lots S, 6, 11 and 12, Block 5, Eagandale Center Industrial Park was then comEaenced. The Town Attorney made a presentation concerning the vacation. Upon motion by Supervisor Rahn, seconded by Supervisor Uselmann, aye Chairman Klein, it was RESOLVED that said sanitary sewer utility easement pursuant to notice be uacated and a resolution be ordered executed and filed with the Register of Deeds. Mr. E. E. Parranto, Mr. Reese and Mr. Larry Wenzel appeared on behalf of High Site, Inc. for approval of an apartment developmenC plan on a 30.3 acre site on the East side of Pilot Knob Road and South of LeMay Lake., It was noted that there would be three access points to Pilot Knob Road, 4 acres would be right-of-way, consisting of 150 ft. right-of-way for Highway 9k31 and the remaining for the interior public street, about 4 acres would be in buildings with underground parking and about 8 acres in outdoor parking After considerable discussion concerning density, etc. upon motion by Chairman Rlein, seconded by Supervisor Uselmann, aye Supervisor Rahn, it was RESOLVED that the concept be approved ,pursuant to the applicable APC recommendations. The proposed Trust Deed and Development Contract covering Evergreen Parlc Addition were submitted together with an Escrow Agreement for $5,000 for operation of a sewage plant in the Addition. Upon motion by Supervisor Rahn, seconded by chairman Klein, aye Supervisor Uselmann, iC was RESOLVED that said Trust Dead, Development Contract and Escrow Agreement be approved and that the apprdpriate officials be authorized to execute upon submission of signed documents by the owners of the subdivision. -4- The Town Engineer reported Chat the layout from Ellerbe Architects on behalf of Dakota County Electric Coop for location of power poles on Blackhawk Road had not been submitted. No action was taken. Upon motion by Chairman Klein, seconded by Supervisor Rahn, aye Supervisor Uselmann, it was RESOLVED that the request of Northwestern Bell Telephone for permit for buried conduit on Highway X626 from ~~49 Easterly be, and it hereby is, approved. Upon further motion, it was RESOLVED that all utility companies be required to notify the Town whenever lines are being installed in the Township, including when they are to be within State, County or Town roads rights of way. The request of Northern States Power Company for installation of electric cable to the Bachman Plant in Sibley Terminal Industrial Park was upon motion by Chairman Klein, seconded by Supervisor Rahn, approved, subject to final approval by the Town Engineer. Upon motion by Chairman Klein, seconded by Supervisor Rahn, it was RESOLVED that the gas line on Eagandale Boulevard in Eagandale No. 1 requested for approval be, and it hereby is, approved. Mr. Arnold Schwallow appeared requesting approval on behalf of a buyer of his property on Blackhawk Road for a variance for two hor8as:an his property. It was noted t}tat Mr. Hairy Ray submitted a letter indicating no objection to such a variance. Upon motion by Supervisor Uselmann, seconded by Supervisor Rahn, aye Chairman Klein, it was RESOLVED that said application be approved. Mr. Thomas Savage, Local ~F49, International Union of Operating Engineers appeared with a letter signed by the four employees of the Utility Department requesting recognition of Local X49 by the Township. Mr. Savage indicated that all four employees had applied for membership in the union.. The Board deta~mined to take the matter under advisement in -5- order to be given time to review the request and also to review proposed contract terms and worlcing conditions for municipal union employees in the Twin Cities area.. Upon motion by Chairman Klein, seconded by Supervisor Uselmann, aye Supervisor Rahn, it was RESOLVED that the Preliminary Report consisting of Improvement Project X49 relative to water, sanitary sewer and storm sewer improvements in a number of primarily residential areas of the Town- ship be, and it hereby is, received and ordered filed with the Town Clerk and that a hearing on the Preliminary Report be scheduled for April 13, 1970 at 8:00 o'clock P.M. at the Towa Hall. It was FURTHER RESOLVED that ProjecC 4k45B, including sanitary sewer, storm sewer and water to Ridge View Acres Additions be incorporated in Project ~~49. Mr. Bill Branch, the Utility Department Supervisor , appeared before the Board with a letter prepared by him requesting approval of the Town Board authorizing dismissal of Mr. Joseph Kulhanek as an employee of the Utility Department who is currently serving on a six-month probationary period. It was noted that Mr. Branch had warned Mr, Kulhanelc on several occasions that his work was unsatisfactory and was not fulfilling the requirements of the job, Upon motion by Chairman Klein, seconded by Supervisor Uaelmann, aye Supervisor Rahn, it was RESOLVED that the recom- mended action of Mr. Branch be, and it hereby is, approved and ratified and that Mr. Kulhanek be delivered a copy of the letter at the earliest possible time, The Clerk submitted a request for assessment hearings covering the follow#.ng projects: (a) Improvement Project 936, consisting of sanitary sewer.: water and storm sewer service in Cedar Grove ~~7; -6- (b) Improvement Project #28, Part 2, consisting of gravel base in Eagandale No. 1, Country Home Heights Addition and one parcel in Section 3; (c) Improvement Project #~il consisting of Eagandale No. 3 sanitary sewer, water and storm sewer improvements and in addition, Eagandale No. 2 storm sewer improvements. Upon motion by Supervisor Uselmann, seconded by Chairman Klein, aye Supervisor Rahn, it was RESOLVED that assessment hearings for each be, and they hereby are, scheduled for the foregoing projects for April 13, 1970 at 7:04 o'clock P.M. at the Town Hall. A letter from Mr. Max Norton dated March 3, 1970 requesting of the Dakota County Board of Commissioners payment of 3I4 of a condemnation commissioner's award covering property on Cliff Road. Upon motion by Chairman Klein, seconded by Supervisor Uselmann, aye Supervisor Rahn, it was RESOLVED that Mr. Norton be paid 75~ of said award from Road and Bridge funds at the earliest time that they are available in said fund. The Town Attorney submitted a letter from Mr, Kenneth Anderson, County Traffic Engineer relative to cost for street signs on County roads within Townships. The Board requested that a determination be made concerning curxent practice by the County as to payment for street signs in Townships where the Town has consented to be part of the County street name system yr not, Upon motion by Supervisor Uselmann, seconded by Chairman Klein, aye Supervisor Rahn, it was RESOLVED that the Board of Supervisors hereby is on record recommending and approving a crossing of Milwaukee Railroad tracks at Apollo Road in Eagandale Center Industrial Park #3 and that a resolution be drawn and submitted to the Minnesota Public Service Commission recommending said crossing. -7- The Town Engineer submitted plans and specifications for Improve- ment Project No. 51 and upon •motion by Chairman Klein, seconded by Supervisor Uselmann, aye Supervisor Rahn, it was RESOLVED that said plans and specifi- cations be, and they hereby are, received and adopted and that Notice to bidders be published providing for acceptance of bids on April 21, 1970 at 3:00 o'clock P.M. at the Town Hall. Upon motion by Supervisor Uselmann, seconded by Chairman Klein, it was RESOLVED that the Town Engineer be, and he hereby is, authorized and directed to prepare plans and specifications covering Part 1, Project No, 49 consisting of sanitary sewer, water and storm sewer improvements. The Town Engineer explained the need for extra capacity for tem- porary lagoon No. 2 due to the great increase in demand for sewage treatment in the Town on a short term basis. Upon motion by Chairman Klein, seconded by Supervisor Uselmann, aye Supervisor Rahn, it was RESOLVED that the Town Engineer be, and he hereby is, authorized to prepare a written report con- cerning the feasibility of increasing the size of the lagoon and further that he consult with the Metro Sewer Board concerning the expansion of the lagoon and the financing of the project. A request from General Beverages Company to spread the connection charges for the General Beverages plant on Highway ~5S was submitted. Upon motion by Chairman Klein, seconded by Supervisor Uselmann, aye Supervisor Rahn, it was RESOLVED that the request be granted providing for assessment of the charges over a three-year period with interest to begin at the time of the original billing of the connection charged. Upon motion by Supervisor Uselmann, seconded by Chairman Klein,. aye Supervisor Rahn, it was RESOLVED that the Board of Supervisof csf the Town of Eagan hereby are on record committing the Town of Eagan to ffnance the construction of Galaxy Road from Cliff Road Southerly to the South -8- limits of the Township pursuant to the understanding relative to the Burnsville Crosstown negotiations with Burnsville and Apple Valley. It was understood that both Burnsville and Apple Valley had committed themselves to construction of their portion of the Crosstown route. Upon motion by Supervisor Uselmann, seconded by Chairman Klein, it was RESOLVED thaC the Board provide for partial pesmita for plumbing, gas piping and heating in the sum of $5.00 each for installation of new equipment and not for remodeling or changing such work. Upon ffiotion by b't;pervisor Uselmann, seconded by Chairman Klein, aye Supervisor Rahn, it was RESOLVED that rubbish haulers in the Town be Charged a $25,00 annual fee per truck and $10.00 fee for each additional 'C'x`urk beyond the first on an annual basis commencing as of April 1, 1970. Upon motion, all bills were ordered pafd. Upon motion, the meeting adjourned. Dated; March 17, 1970 //~~ , U~~-~ ec ~5.~~~2,.1 Town Clerk ..9..