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04/20/1971 - City Council RegularMINUTES OF REGULAR MEETING OF BOARD OF SUPERVISORS TOWN OF EAGAN, DAKOTA COUNTY, PiINNESOTA April 20, 1971 A regular meeting of the Board of Supervisors, Eagan Township, Dakota County, Minnesota ~~~as held at the Town Hall on April 20, 1971 at 7:30 P4Ti. at which all members t~~ere present. Chairman Klein presided. Supervisor Uselmana indicated that the minutes at page 3 should reflect that the letter approved by the Board of Super- viscera should accompany the park report that will be distributed to the electors, Fire Chief Schultz appeared on behalf of the Fire Department and requested up to $500.00 for firemen to be used for the State Fireman's Con- ference in Bemidji. Upon motion by Klein, seconded by Uselmann, it *.Jas RESOLVED that the payment be approved. Upon motion by Uselmann, seconded by I:lein, it was RBSOLVED that the resolution adopted by the Board of Supervisors favoring the excepted areas from the Pollution Control Regulation burning ban ordinance be forwarded to the PCA hearing scheduled for April 30, 1971 and that Mr. George Hoey, Attorne}•, be authorized to attend on behalf of Eagan. Martin DesLauriers presented a report concerning the Emil t•Iasilowski property at 1465 Ridgview Terrace where complaints had been registered from numerous neighbors that the owner was operating a business out of the residen- tial home. The complaints included the fact that an excessive number of cars were parked near the home on a regular basis, that the home was being used to operate a business and that pickup and hauling was taking place at the residence on a fairly regular basis. Upvn motion by Klein, seconded by Supervisor Rahn, it was RESOLVED that the ToFm Attorney write the saner indicatizB that he is in violation of the applicable Eagan Ordinances including zoning fa that he is operating a business in a residential area. Chief DesLauriers also submitted his report concerning Jane's Sauna dated April 20, 1971. Pir. Bill Branch of the Utility Department appeared and was directed to acquire information concerning street sweeping in the Township and report to the Board. Upon motion by Chairman Klein, seconded by Supervisor P.ahn, ~t was RESOLVED that Mr. Branch be authorized to pay up to $2200.00 after receipt of more than one bid for radio equipment for the Utility Department. Upon motion by Supervisor Rahn, seconded by Chairman Rlein, it was RESOLVED that the Police Chief be authorized to acquire and install stop signs in the service lanes and near Blackhawk Road as recommended by the Police Chief according to a schedule of locations to be submitted to the Clerk. The Ta•~n Engineer reported concerning information he had received relative to alleged complaints by Cedar Grove residents in the water distributed by Cedar Grove Utility Co. He Testing, the Minnesota Board of health and Circo Engine of the water with no written results at this time. Mr. acquire whatever information is available for the April the Cedar Grove Utilities Co. buyout. of certain impurities indicated Taiin City ~rictg had talcen tests Roseae was asked to 21st meeting concerning Mr. Gerber Hatteberg appeared on behalf of the Park Coaanittee. The Town Clerk was requested to extend the Eagan insurance liability policy to cover Heine Field. Upon motion by Chairman Klein, seconded by Supervisor Rahn, it was RESOLVED that up to $u00.00 be authorized to be spent by the Park Board for expenses for improvements to three ball parks as designated. Mrs. Krecklau appeared on behalf of her application for a residential building permit on a five acre parcel near Dodd Road on land purchased from Edward Schwanz. The Board members explained in detail to Mrs. Krecklau about the potential excessive cost in developing roads acrd utilities in the area due to the fact that the parcels are five acres with considerable frontage and -2- further indicated that a full 60 ft. public easement must be acquired in the area before building permits are granted. Upon motion by Chairman Klein, seconded by Supervisor Uselmann, aye Supervisor Rahn, it was RESOLVED that the building permit be granted subject to the acquisition of an appropriate easement on the North side of the Krecltlau property of 30 feet and further subject to the acquisition of the full 60 foot right of way as required under the Town ordinance. A request from Dakota County for building permits for shelters in the Jensen Lake and Holland Lake park areas was upon motion by Chairman Klein, seconded by Supervisor Uselmann, approved subject to the approval of the Town Engineer and Building Inspector as to the plans and specifications and utili- ties and further that no permit fee be required. Upon motion by Chairman Klein, seconded by Supervisor Rahn, it was RESOLVED that the application for swimming pool building permit for Hi-Site Manor be acid hereby is approved subject to approval by the Hngineer and Build- ing Inspector as to plans and specifications and installation of utilities, Mr. Kenneth Anderson, the Dakota County traffic engineer, appeared and presented a report concerning traffic problems on Rahn Road in Cedar Grove. Mr. Anderson recommended a continuous no-passing center line for all of Blackhawk Road and all of Rahn Road from Highway X13 for the reason that there are so many turning opportunities on each of the roads. He further recommended street lighting at certain intersections; that reflectorized signs be provided on most of the traffic signs in the area and that pedestrian cross- ing painting and crosswalks be installed at Turquoise Trail on Rahn Road. Upon motion by Supervisor Uselmann, seconded by Supervisor Rahn, it was RESOLVED that the crosswalk oa Rahn Road and Turquoise Trail be painted together with Pedes- trian Crossing; that there be no passing double lanes on Rahn Road from Highway ~~13 to County Road #30, that the crosswalk at Bluestone and Rahn Road be widened -3- and Pedestrian Crossing be included, and further that the Utility Department be authorized to reflectorize signs in the vicinity of Rahn Road. Mr. Jim McKay and Mr. James O'Neill appeared on behalf of the applica- tion of Rauenhorst Corp. to rezone from R-4, R-6 and C-1 to R-6 and C-1 property at the SW corner of Lone Oalc Road and proposed 135E for plan approval for Phase I of the development and a variance from the unit per acre provision in the zoning ordinance. It was noted that the total parcel contained 42,05 acres with 28.3 acres R-6, 11.8 acres C-1 and 2.4 acres in roads. It was proposed that 490 units be in the complex. There would be 140 units in Phase I with construction to begin about June 1, 1971. It was indicated there would be about 17.3 units per acre being 25% over the density according to the current ordinance. The APC recommended approval of the application. Supervisor Uselmann indicated that he felt the Board should not vary from the ordinance density requirements and vacated his seat on the Board for the remainder of the meeting for that reason. He further stated that he felt granting additional R-6 zoning in the area would conflict with the planning guidelines of the Town- ship concerning location of R-6 zoning. Upon motion by Chairman Klein, seconded by Supervisor Rahn, it was RESOLVED ithat the application for rezoning be and hereby is approved and further that plan approval be given for Phase I only and that a variance from the density requirements according to the plan submitted for ail of the R-6 zoned area be and hereby is granted. Mr. Davfd Bennett appeared on behalf of Myers and Bennett, Inc, and Metram Properties, Inc., the property owner, for rezoning from R-1 to R-4 for townhouse purposes for 106 owner occupied attached housing units on part of the SW~ of SEA and part of the SE's of the SW~ in Goverraaent Lot 6 in Section 17 lying between Highway X13, Silver Bell Road and Blackhawk Road. The proposal provided for slightly under six units per acre with the open area to be awned -4- in common under a cooperative non-profit corporation set up. A question arose concerning the covenants and takeover of the common area by the municipality if the Association defaults. The applicants indicated that they would forward a proposed set of restrictions for the area. They further indicated that the lots would be sold under 203B-FHA insured mortgages. The APC recommended approval at its March 23rd meeting. It was noted there was 18.5 acres. A question arose concerning park dedication and the developer indicated they would prefer a cash contribution. Upon motion by Chairman Klein, seconded by Supervisor Rahn, it was RESOLVID that the application for rezoning be and it hereby is approved. It was noted that the APC recommended approval and further noted that Supervisor Uselmann had vacated his seat on the Board for this pro- ceed ing. Mr. Bruce Lager appeared with a petition from thirteen property owners requesting a feasibility study concerning street improvements in Harvey Addi- tion ~2. Upon motion by Chairman Klein, seconded by Supervisor Rahn, it was RESOLVED that a hearing be scheduled for May 18, 1971 at 8:00 P.M, at the Town Hall and the Town Engineer be and hereby is directed to prepare a feasibility study concerning the improvements. Mr. Kenneth Appelbaum appeared on behalf of his application to rezone Lots 1 and 2, Block 2, Robert Karatz Addition and for vacation of a portion of Donald Avenue; Mr. Appelbaum further requested a feasibility study concerning water and sewer extension and drainage on He=itage Lane, Vernon and Donald Avenues. Upon motion by Supervisor Rahn, seconded by Chairman Klein, it was RESOLVED that a hearing on the application to rezone be scheduled for May 18, 1971 at 8:d0 P.M.; further that the Engineer be authorized to prepare a feasi- bility study concerning sewer, water and drainage improvements on Heritage Lane, Vernon Avenue and Donald Avenue and report back to the Board at a future time. It was noted the Town Engineer recommended that the owner dedicate -5- the extension of Donald Avenue Westerly for street purposes with cul-de- sac. Upon motion by Supervisor Rahn, seconded by Chairman Klein, it was RESOLVED that the public hearing concerning the application of Raymond A. Rahn to rezone the E'~ of the P][^1~ of Section 34 on Cliff Road from A, Agricultural, to P, Public Facilities, for golf course purposes be scheduled for May 18, 1971 at the Town Hall at 8:00 P.I~i. PZr. John A. Deane, 1960 Pinehurst Avenue, St. Paul and Mr. P.ichard A. Grayson, attorney, appeared on behalf of the application of Mr. Deane and Jane's Sauna, Inc. for special use permit for operation of Jane's Sauna on Cedar Avenue near Highway X13. Mr. Deane indicated that he is President of Jane's Sauna, Inc. and the sole shareholder.. Mr. Grayson is Secretary. The applicant further indicated that he would enter into an agreement with the Town concerning the operation of the sauna which would include that the books and records are open to inspection including the business being open to inspection at all times by the Township, that the permit be granted subject to the operation being closed at any time upon recommendation of the Police Department to the Eagan Board and other provisions to be incorporated in the agreement. Upon motion by Chairman Mein, seconded by Supervisor Rahn, it was RESOLVED that the special use permit be granted subject to an agreement being entered into and agreed upon by all parties involved. Mr. Ralph Wagoner appeared on behalf of the request of Mr. Norman Vogelpohl for sewer and water extension in Silver Bell Road to the proposed Vogelpohl apartment complex near Highway ~~13. Upon motion by Chairman Klein, seconded by Supervisor Rahn, it was RESOLVED that the request be referred to the Town Engineer for preparation of a feasibility sutdy to be submitted to the Board at a later time. -6- Upon motion by Supervisor Rahn, seconded by Chairman Klein, it was RESOLVED that the minutes of the Assessment Committee of April 6, 1971 be and they hereby are approved and adopted. The Town Attorney presented a request on behalf of Construction Market- ing Co. for a letter from the Board favoring the rezoning from C-2 to R-6 cover- ing approximately 15 acres located in the St-~~ of the SW~ of Section 19 lying Southerly of Highway 4k13 and East of Cedar Avenue. After considerable discussio.. upon motion by Supervisor P.aan, seconded by Chairman Klein, it was RESOLVED that the Board not formally commit itself concerning the rezoning of the 15 acre parcel due to the uncertain nature of proposed Cedar Avenue and the proposed interchanges in the vicinity of Cedar Avenue; it was further determined that the policy of the Board has been that it would not act on applications of this nature in the vicinity of proposed freeways where the Highway Department is in the process or has not determined the exact location of the right of way. The Town Clerk indicated that members Y4arble, Diffley and Sperling terms had expired on the Advisory Planning Committee and that appointments should be made. The matter was referred to the next regular meeting. Upon motion by Supervisor Rahn, seconded by Chairman Klein, it was RESOLVID that Dr. Erickson of Rosemount be and hereby is appointed as health officer of the Township for the next year. Upon motion by Supervisor Rahn, seconded by Chairman Klein, it was RESOLVID that Assessment Hearings be scheduled for June 1, 1971 at 8:00 P.M. at the Town Hall covering the following pro3ects: Eagandale #4, sanitary sewer, water and storm sewer assessments; Oak Chase Addition improvements; and Cedar- vale Shopping Center, water main and area water assessments. Upon motion by Supervisor Rahn, seconded by Chairman Klein, it was RESOLVED that the new hospitalization rates as provided by the Town Cleric for Eagan employees be and they hereby are approved. -7- The Town Clerk read into the record a letter from Northern States Power Co. concerning an increase in rates including increase in water pumping rates in the amount of 6%, and all other rates at Ery., Upon motion by Chairman Klein, seconded by Supervisor Rahn, it was RESOLVED that the application for conveyance of tax forfeited land covering parcel B3159 consisting of Outlot 1 in Valley View Plateau 4~2 be and it hereby is approved and the Town Clerk requested to apply for conveyance of the parcel for future use as a road by the Township. Upon motion by Chairman IClein, seconded by Supervisor Rahn, it was RESOLVED that the judges for the park bond election be and they hereby are approved and a copy of the list of judges be attached to these minutes. Upon motion by Supervisor Rahn, seconded by Chairman Klein, it was RESOLVED that the follovring 3.2 beer license applications be and hereby are approved: Larry Coss, off-sale at the Spruce Motel; Ray Rahn, on-sale at the Parkview Golf Club; off-sale at the Airliner Motel. The Town Attorney together with the Town Engineer were instructed to prepare a proposal concerning an ordinance covering underground electrical distribution lines with the exception of electrical transmission lines in the Township. Upon motion duly made ant seconded it was RESOLVED that all bills be ordered paid and that warrants X5698 through 5764 drawn on bank account 11-01022 and warrants X823 through 330 drawn on bank account 11-01073 be and they hereby are orde red paid. Upon motion the meeting adjourned. April 20, 1971 -8-