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05/19/1970 - City Council RegularMINUTES OF A P.EGULAR MEETING OF THE BOARD OF SUPERVISORS TOWN OF EAGAN, DAKOTA COUNTY, MINNESOTA Nlay 19, 1970 A regular meeting of the Board of Supervisors of the Town of Eagan, Dakota County, Minnesota was held at the Town Hall on May 19, 1970 at which al_1 members were present. At 7:30 o`clock P.iY. Martin DesLauriers,the Police Chief, introduced the new patrolman, Mike Gerret~, to the Board. Mr. DesLauriers also proposed the acquisition of one of twa radar equipment units, 50% of which would be paid by the federal goverrnnent. After review and upon motion by Uselmann, seconded by Rahn, aye Klein, it was RESOLVED that the Township acquire the $1,700 uniC under the foregoing conditions. Upon motion by Uselmann, seconded by Klein, aye Rahn, it was RESOLVED that John Kreager and rlartin Ohman be hired each at $3..00 per hour on a temporary basis as employees of the Public Works Department upon Mr. Branch's recommendation. Upon motion by Uselmann, seconded by Rahn, it was RESOLVED that the minutes of the regular meeting of May 5th, 1970 be and they hereby are approved, subject to the following additions: a.) Upon motion by Rahn, seconded by Klein it was RESOLVED that Albert Perron be reappointed as Weed Inspector at $3.00 per hour plus $.09 per mile. b.) Upon motion by Klein, seconded by Rahn, it was RESOLVED that the Board of Equaii2ation meet at the Town Hall on July 8, 2970 from 2:00 P.M, to 4;00 P.M. Mr. Bill Schultz appeared relative to a tax levy analysis by Juran and Moody, fiscal consultants for the Town relative to the purchase of fire equipment warrants proposed to be acquired during 1970. The Board reviewed the alternatives under the five year equipment warrant statute and the sale of bonds through an election by town voters. Upon motion by Klein, seconded by Uselmann, aye Rahn, it was RESOLVED that the Fire Chief prepare plans and specifications for the two pieces of fire equipment proposed and that the Clerk be authorized to advertise for bids to be opened June 30th, 1970 at 8:00 P.M. at the Town Hall. A report from the Park Committee was given by Joseph Harrison. He submitted a proposed park layout for Gedar Grave No. 7 park recommending the rough grading be completed by Cedar Grove Construction Company by September 1st in order that grass seeding may be commenced by the first of September. Upon motion by Uselmann, seconded by Rahn, aye Klein, it was RESOLVED that the Town Attorney forward a letter to Cedar Grove Construction Company requesting the grading be completed by September 1st in order that the Town may seed and finish grading beginning the first of September and in addition that sufficient black dirt be left on the Cedar Grove No. 7 park by Cedar Grove Construction Company. Mr. Harrison indicated that Mr. Jon Vos desired to meet with. the Board and Planning Committee and Park Committee at 7:30 P.M, on June 9th to present the preliminary concept plan for the park system in the township, Upon motion by Uselmann, seconded by Rahn, it was RESOLVED that an increase from $150 to $300 be authorized for payment for in.;tructors for dance classes held by Mrs, Dixie Rramer in the Cedar Grove area.. r 2 .. The Board then discussed the replacement of five members to the Park Board who have resigned including Al Shadduck, Paul Manseau, Paul Allison, Helen Scott and Loren Maxfield. A list of names was submitted and reviewed. Upon motion by Klein, seconded by Uselmann, aye Rahn, it was RESOLVED that the resignations be accepted and that a letter of thanks be mailed by the Clerk to each. Upon further motion by Klein, seconded by Uselmann, aye Rahn it was RESOLVED that Charles Hall, Dale Everson, and Gerber Hatteberg be appointed to fill three vacancies for a two year term commencing May 15, 1970 and that the other two vacancies be filled at the June 2nd meeting.. Upon further motion by Klein it was RESOLVED that the present members, Harrison, Schmidt, Coates, Ferguson and Thorpe continue acting as Park Board members for a term to expire May I5, 1971 with no designation as to limit of number of terms for membership on the Board. Mr. Laurent appeared on behalf of his request for building permit for a residence on a five acre parcel near Dodd Road. Upon motion by Klein, seconded by Uselmann, aye Rahn, it was RESOLVED that the application for build- ing permit be granted to Mr. Laurent with the understanding that the utility and road issues are not resolved and that there may be assessments and road grading problems at some time in the future. Upon motion by Uselmantt, seconded by Klein, it was RESOLVID that the Town Attorney be instructed to write Mr. Ed Schwanz and Mr. J. T. Diffley, realtor, of the new amendment to Ordinance No. 6 and further requesting that the owner and realtor inform buyers of parcels in the area of the existing zoning, subdivision and building restrictions in the Town. Mr. Virgil Schaaf of Chapel Lane appeared requesting a permit for a trailer to be located south of Highway ~kS5 and north of Chapel Lane. The -3- Board discussed the need for a utility easement and half right-of-way street easement between Highway ~~55 and Chapel Lane. Upon motion by Klein, seconded by Rahn, aye Uselmann, it was RESOLVED that a trailer permit be granted for a one year period under the hardship provision; further that a letter be sub- mitted to the Board that there are no objections from neighboring property owners affected and further that the applicant grant at no cost to the Town a or_e-half right-of-way comparable to that of the street to the south being an extension of Chapel Lane northerly to the south right-of-way line of Highway ~~55. Mr. Bruce Patterson appeared on behalf of the application of Inland Construction Company and John Reid and Edward Reid to rezone from A, Agricul- tural to R-6, Multiple, Residential part of the N'~ of the S'~ of the SEA of Section 16, lying west of proposed I3SE containing approximately 35 acres. It was noted that the APC recommended approval subject to conditions. It was pro- posed that there be 594 units, The neighboring property owners including Mr. Harry LaMieux and Mr. Kenneth Rounds appeared with no objections but questioning the proposed storm sewer and sanitary water lateral assessments. Questions were raised concerning the need for a wall or terrace on the south- west line of the proposed tract. The road on the west of the tract does not appear to tie in to any existing road to the north. The Park committee representatives discussed proposed park contribution and Mr. Patterson indicated that the developer would dedicate park land or make a comparable financial park contribution as an alternative. There were no objections from neighbors. Upon motion by Uselmann, seconded by Rahn, aye Klein, it was RESOLVED that the application be approved according to the recoma-endations of the Planning Committee including the recommecldation as to the effectiveness of the rezoning -4- for a period of one year; that the park ordinance provisions in existence at the time of development be complied with; that NIr. Harry LaMieux and Mr. Kenneth Rounds be notified when the site plan and building permit appli- cations are presented and in addition the other qualifications recommended by the Planning Committee.. Supervisor Uselmann suggested that the Planning Committee prepare a suggested or concept plan as a guideline for development along proposed Z35E. Mr. Roger 47eierke appeared on behalf of T]eierke Trenching and Excavat- ing Company for a building permit under the conditional use provision of the zoning ordinance for a 50' x $0' concrete bloclc garage, $25,000 on property in Section 36 consisting of three acres near Dodd Road and Cliff Road. The AFC recommended approval. Upon motion by Rahn, seconded by Uselmann, aye Klein, it was RESOLVED that the application be granted under the conditional use provision, subject to approval as to construction by the Town Engineer and Building Inspector and further that the commercial zoning setbacks be complied with. Mr. Leroy Lindbloan appeared on behalf of the application of Plorthern Propane Gas Company on Highway ~~13 and Cedar Avenue for a building permit for a pole type building, 40' x 64' x 12'. A letter from the District Engineer of the Minnesota Highway Department indicating that the plans would not conflict with proposed highway layout glans as of Che present time in the area was read by the Chairman. The Building Inspector did not object to the plan and upon motion by Rahn, seconded by Uselmann, aye Rlein, it was RESOLVED that the build- ing permit application be approved for the pole type building. It was requested that the Town Engineer submit a proposal to the Town Board relative to the grant of building permits for pole type buildings for commercial and public use in the Township at a later tithe. -5- Mr, Richard Stryker and Mr. Richard Cole appeared on behal~ of the D.C.R. Company concerning two building permit applications in Cedarvale. The Board discussed with Mr. Stryker the current water situation and a petition from D.C.R.. Company for the extension of the 16 inch water line along Highway 913 to Cedarvale Drive was accepted. Upon motion by Rahn, seconded by Uselmann, aye Klein, it was RESOLVED that said petition be accepted and that it be for- warded to the Town Engineer to prepare a preliminary report on the request including a proposed waterline running northerly from Highway ~~13 for fire protection purposes into Cedarvale Shopping Center. Upon motion by Rahn, seconded by Klein it caas RESOLVED that the build- ing permit applications for Goodyear Tire Service Center at 3999 Cedarvale Drive, $90,000, be, and it hereby is, approved and that permission be granted to hook the building to the Cedar Grove Utilities Co. system, subject, however, to the Town Engineer and Building Inspector°`s approval. Upon motion by Klein, seconded by Rahn, it was RESOLVED that the application for building permit for Mr. Steals Restaurant in Cedarvale Shopping Center, 40' x 80', $110,000 be and it hereby is approved subject however to water connection to the Eagan utility system.. The Town Engineer indicated that the low bidder on Improvement Project No. 51, Northwest Bituminous, Inc. had indicated that it would extend the award of bids for an additional 10 days beyond the 30 day period prescribed in the contract and will confirm this in writing. No action was taken on the award of bids far Improvement Project No. 51, consisting of street improvements. The Town Attorney indicated that he has been in touch with the General Beverages attorney concerning the proposed park property in Eagandale No. 2. The Board requested that the Town Attorney call General Beverages' representa- tives and attempt to complete the transaction within the next two weel;s. -6- Mr. E. E. Parranto and Mr. Baird of Jack P. DeBoer Associates, Inc., Wichita, Kansas, presented a multiple residential layout for 120 acres in a portion of Section 15. It was noted that 8.33 acres would be dedicated for public park, and that the lake on the property would be given public access. There is a total of 120 acres and the developer requested that immediate con- sideration for water and sewer utility installation be given by the Board. The Board discussed the proposed trunk sewer assessment of the area and suggested that the developer be tied down by contract to proceed with development during 1970 if utility lines are committed and installed. Upon motion by Klein, seconded by Rahn, aye Uselmann, it was RESOLVED that the Engineer be, and he hereby is directed to prepare a preliminary feasibility study for extension of sanitary sewer, trunk and caster lines to the proposed site from Lexington Avenue. Mr. Lewis Anderson, attorney from St. Paul, appeared on behalf of Willmus Properties, Inc., requesting that the Board adopt a resolution correct- ing the description in action taken by the Board at its regular meeting on July 18, 1968 rezoning property in Sections 27, 28 and 29. It was noted a mistake in a portion of the description relating to Section 28 had been made. The Board suggested that Mr. Anderson review the matter with his client having in mind the possibility of a new application to rezone with a public hearing to be held on June 30th. Mr. Richard Swanson, Cedar Grove No. 6, appeared with a complaint con- cerning a storm sewer at the rear of his Iot. The Town Engineer was requested to review the matter and report to the Board. Upon motion by Klein, seconded by Uselmann, aye Rahn, it was RESOLVED that plans and specifications covering the expansion of the Eagan No. 2 -7- Treatment Plant be and they hereby are approved and accepted and in addition that plans for surface aerators in Sewage Treatusrnt Pond No. 1 and that the Clerk be directed to advertise for bids for the expansion of the treatment plant and surface aerator, which bids shall be advertised and opend on June 8, 1970 at 3:00 P.M. at the Town Hall. The contract covering Project No, 39-B consisting of Coachman Road area street improvement with D.L.R. Construction, Inc. was submitted, upon motion by Rahn, seconded by Uselmann, aye Klein, it was RESOLVED that the con- tract be accepted and that the town officials be ordered to execute the con- tract. Upon motion by Rahn, aeconded by Uselmann, aye Klein, it was RESOLVED that the sum of $1,919.75 be and it hereby is directed to be paid to Expressway Properties, Inc,., the title owner of land in Eagandale Center Park No. 3 for sewer trunk easement purposes, to be paid from the appropriate fug in lieu of an assessment credit for the easement through Eagandale Center Industrial Park No. 3. Upon motion by Rlein, seconded by Uselmann, it was RESOLVED that the letter of Richard P. Talbot of 1340 Avalon Avenue be referred to the Police Chief concerning speed limits on Avalon Avenue i n Country Home Heights. Upon motion by Klein, seconded by Rahn, it was RESOLVED that Dale Peterson be authorized to attend the Plumbing Inspector's Conference. Upon motion the To~~~n Attorney was instructed to write the Milwaukee Railroad concerning bills from the Mendota Heights Fire Department for railroad fires on railroad right ofi~way in Eagan Township requesting payment of the bills. -8- Upon motion the bills were ordered paid. Upon motion the meeting adjourned. Dated: May 19, 1970. Town Clerk -'9~-