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08/03/1971 - City Council RegularMINUTES OF REGULAR MEETING OF BOARD OF SUPERVISORS TO[JN OF EAGAN, DAKOTA COUNTY, cfiN4lr~SOTA August 3, 1971 The regular meeting of the Board of Supervisors, Town of Eagan, Dakota County, Minnesota, was held on August 3, 1971, at 7:30 P,M. at the Town Hall at which all members were present. It was noted that the Board had met earlier at 6:30 P.M. to review the audit report with the Town accountants. Chairman Klein presided. Y1pon motion made by Supervisor Uselmann and seconded by Chairman i:lein, the minutes were unanimously approved as presented. Chairman IClein noted that there was no Police Department nor Fire Department business. However, Superintendent Bill Branch of the Utility Departs went appeared and requested that the Board permit him to purchase a chain saw and brush saw new at a cost of approximately $~s00. Upon motion made by Chair- ~ man Klein and seconded by Supervisor Rahn, it was RESOLVED that Superintendent Branch be, and he hereby is, authorized to purchase a new chain and brush saw for the Utility Department. Superintendent Branch further requested that he be given authority to begin looking far three new men to work in the Cedar Grove Utility Systems. Upon motion made by Supervisor Rahn, and seconded by Supervisor Uselmann, it was P.ESOLVED that Superintendent Branch be, and he hereby is, authorized to advertise for three men to work in the Cedar Grove Utilities System and to malte appropriate recommendations to the Board prior to the Board hiring Chem. Mr. Gerald Sauter appeared on behalf of his application for building permiC to construct a single family dwelling on a five acre tract on the Edmund Schwarz property. Estimated size is 1400 square feet at an estimated cost of $25,000. Upon motion being made by Chairman Klein and seconded by Supervisor Rahn, it was RESOLVED that the buildi.na permit application be, and it hereby is, duly approved and the permit ordered issued upon payment of the appropriate fees therefor. It was noted that the Board warned the applicant about the problems that he might encounter in the future with regard to sewer, water, and road service to the property. ~1r. Richard Schoen, manager of Bluff Carpet Co., appeared requesting a flashing sign lz feet x 4 feet to be located at the intersection of Beau d~` Rue Drive and Cedar Avenue. It was noted that the application was incomplete and no action would be taken until resubmission of an appropriate application, Chairc*~an Charles Hall appeared on bEhalf of the Park Committee busi- ness and submitted a letter from the Dakota County Electric Association re the Black Hawk Lake parklands next to Cedar Grove No, 8 which indicated that the Association would be willing to bey their overhead span at such time as the parkway developed. No formal action was taken. Chairman Klein then convened the public hearing concerning Public Improvement Project No. 80 concerning sewer and water extensions on tour Oaks Road in Section 927-23. The To4m Engineer delivered his report with regard to this project and it was noted that there ~•~as no opposition. the petitioner submitted a letter in support of the improvement. Upon motion duly made by Chairman Klein and seconded by Supervisor Uselmann, it was RESDLVID that the project be, and the same hereby is, duly approved and ordered in and that the Town Engineer be authorized to prepare the necessary plans and specifications. Chairman Klein next convened the public heari:.g re the proposed street improvements on Coachman Foad and Four Oaks P~oad comprised in Public Improvement Project No. $1. The Town Engineer presented his report and indi- cated the first stage would cost $7$,890 or approximately $9.80 per front foot. This would service the Fox Ridge Apartments. It was noted that the petiticner ~2~ had submitted a letter in support of the improvement project. It teas also noted that there was no opposition to the project. Upon motion duly made by Chairman Klein and seconded by Supervisor Rahn, it c~1as RESOLVED that the pro- ject be, and the same hereby is, duly approved ant ordered in and the Town Engineer was authorized to prepare the necessary plans and specifications. Chairman IZlein then convened the Public Hearing re sanitary sewer on the Oster property covered by Public ImArovement Projecr_ No. 82. The Town Engineer submitted his report indicating that the sanitary sewer Would be pl.ac~d on the West side of Pilot Knob Road just North of Highview Avenue at an estimated cost of $?_1,7~~0 or $15.50 per front foot, However, the Toc•~n Engineer recom:-~ended that the construction be deferred until an ovepall project development plan was presented for the area sa as to minimize the cost per foot. It was noted that the improvement would serve the Heine and Sullivan property along with the Johnson property. Upon motion duly made by Chairman I:lein and seconded by Supervisor Uselmann, it was RESOLVED that the project be deferred ir.3e.finitely, Chairman IClein convened the Public Heating concerning sewer, water and storm sec•~er improvements to the Pilot ICrob Properties area in Section 15- 27-23 covered by Project No. 77. The Town Engineer presented his report and indicated the cost would be $216,200. Don Christenson, Ed~--Ko~stacL,-e~--+~thex a; resirleats appeared inopposition to the project and requested that the Dakota County ruling re storm sec~~er drainage in the lake areas be followed. The Town Engineer was requested to determine the drainage area, obtain a copy of the Dakota County ruling in this regard, to determine to estimated cost to be assessed against the property owners affected and to determine the pending areas that would be used for the drainage, and to report back to the l;oard concerning this at the August 17th meeting. •3- Chairman Klein then convened the public hearing concerning street improvement in the Effress Addition covered by Project No. 83. The Town Engineer presented his report, and indicated the cost of the project would be $86,560. Mr. Pete Parranto appeared. There ~~:as no objection to the groposed project. Upon motion duly made by Chairman Klein and seconded by Supervisor Uselmann, it was RESOLVED that the Public Improvement Project No, 83 be, and the same hereby is, duly approved and ordered in and the Town Engineer is authorized to prepare the necessary plans and specifications. Mr. John Lindberg appeared on behalf of the application of Globemaster Midwest, Inc. fox a variance for approval of an incinerator to be installed on its property on Cedar Avenue. It was noted that the Advisory Planning Commit- tee recommended approval. I,ir. hindberg made a visual presentation to the Board. Chairman Klein ordered the matter talcen under advisement by the Board of Supervisors for further study a.id report by the Town Engineer in the light of the Pollueion Control Abency regulations, the ;,agan Township Burning Ordinance, and other factors involved.. The applicant also was directed to furnish any additional information he may have on the type of incinerator pro- posed to the Supervisors. Mr. Randall Birkell appeared on behalf of the application of irlalter Laumeyer and Harvey Kirchner to rezone a parcel of land from A, Agricultural, to C-1, Commercial, situated North of Highway No. 55 and East of Highcaay No. 49 on the Kirchner property. It was noted that the Advisory Planning Committee recommended denial. Upon motion duly made by Supervisor Uselmann and seconded by Supervisor Rahn, it c~~as I',ESOLVED that a public hearing on the rezonin appli~ cation be set for September 7, 1971 at 8:00 P.1~2. and that the Clerlc publish appropriate legal notice to this effect.. It was noted that Chairman I;lein abstained from voting on the motion for reasons of prejudice. ..4- Mr. Bernard Herman, architect, appeared on luehalf of the application of Metro U.S. re a building permit for 188 apartment units to be situated on Lot 1 and part of Lot 2, Plock 1, Eagan Metro Center, North of Silver Bell Road. It was noted that the Advisory Planning Committee recommended approval. It was also noted that the density would be approximately 14 units per acre. It was noted that Diclc Vogen who resided in Cedar Grove No. 6 appeared in opposition to the application on the ground that the additional traffic created by the development could not be adequately taken care of by the present road s~rstem. Upon motion duly made by Supervisor Rahn and seconded by Supervisor Uselmann, it was RESOLVED Chat the building permit application be, and the same hereby is, duly approved and the build in; permit ordered issued upon payment of the appropriate fees therefor and suLject to the payment of the park contribution of $44 per unit pursuant to the ord3,nance. The application of Cedar Grove Construction Com*~any to rezone from A, Agricultural, to R-4, Pesidential Townhouse, approximately 25 acres South of Silver Bell Road inciuding the Reuger property and for preliminary plat approval was presented by iir. Jean Parranto. It was noted that the Advisory Planning Committee recommended approval. Upon motion duly made by Chairman Klein and seconded by Supervisor Uselmann, it ~~aas RESOLVID that a public hear- ing be set on the application for August 17, 1971 at 8:40 P.P4. The application of 47illiam Kenny for a building permit for a day care center on Cedar Avenue Baas held over for the August 17th meeting at the re- quest of Mr. Parranto due to lack of appearance of P~Ir. Kenny. It caas noted that the Advisory Plannin Committee recommended approval. The application of Land Planning and Engineering Corp. to rezone the North half of the North half of the Northeast Quarter, Section I4-27-?.3 South of Yankee Doodle Road near Mike Collins Drive from A, Agricultural to C-1, Commercial, and R-6, Residential was presented.. It was noted that the Advisory -5- Planning ~ommit~ee recommended approval. Upon motion duly made by Chairman Klein and seconded by Supervisor Uselmann, it t•~as RESOLVED that a public hear- ing be set for August 17, 1971, at 8:00 P.i~I. at the Town Hall in accordance with the ordinance. Mr. ICen Appelbaum appeared on behalf of his application for the Sally Co. to rezone and for preliminary plat approval and lot size variance on property on Chapel Lane near Trunk Highway 110, 49, Upon motion duly made by Supervisor Uselmann and seconded by Supervisor Rahn, it was RESOLVED that the applications should jointly be placed upon the Advisory Planning Committee Agenda for its August 24th meeting, and also be publicly noticed for hearing on September 7, 1971 at 3:00 P.M. at the Town Hall. Mr, illike Gresser appeared on behalf of his application for a building permit to construct a 30,000 square foot building on Lot 7, Block 2, Cedar Grove Industrial Parlt at an estimated cost of $225,000. It was noted that the Advisory Planning Committee recommended approval. Upon motion duly made by Chairman IClein and seconded by Supervisor Uselmann, it was RESOLVED that the building permit application be, and hereby is, approved and the permit ordered issued upon payment of the appropriate fees therefor, and subject to the ap- proval of the Town Engineer of all plcans and specifications. The application of the Gold rledallion Corporation for preliminary site plan and preliminary plat approval of Briarwood, South of Yankee Doodle Road was presented. Upon motion duly made by Chairman Klein an3 seconded by Supervisor Rahn, it was PESOLVED that a public hearing be noticed and set for August 17, 1971 at 3:00 o'clock P.M. at the Town Hall. Mr. Ed Smoots appeared on behalf of the application of Pillsbury Company for approval of a building permit for a warehouse, 60' k 1G0', on the Bachman property at 3245 Terminal Drive in Sibley Terminal Industrial Park, The estimated cost is $78,000. It was noted that the Advisory Planning Committee -6- recommended approval. Upon motion duly made ~y Supervisor Uselmann and seconded by Supervisor Rahn, it rras P.ESOLVED that the building permit application be, and the same hereby is, duly approved and the permit ordered issued upon pay- ment of the appropriate fees therefor and sui:ject to the approval of the Town Engineer and the Building Inspector as to complete uuilding plans and specifi- cations. Mr. Arnold Carlson appeared on behalf of his application for preliznir.~~ ary plat approval of his t~3ilderness Run 2nd Addition East of Pilot Knob Road in Section 27-27-23. Upon motion duly made by Chairman Klein and seconded by Supervisor Rahn, it was RESOLVED that a public hearin; be set on the applica- tion for September 7, 1971 at a;00 P.M. at the 'Town Ha11; and FUP.THER RESOLVED that the approval be contixs~,ent upon the installation of a sanitary seder across applicant's land upon granting to the Tom by the applicant an appro- priate easement therefor, Upon motion duly made by Supervisor Uselmann and seconded by Supervisor P.ahn, it ~•aas RESOLVED that the Town Engineer be, and he hereby is, duly authorized and directed to prepare appropriate plans and speci- fications for sanitary sewer, water and streets in t•)ilderness Run Second Addi- tion tv be presented to the Town Board upon :ompletion. Mr, Elmer Scott appeared on behalf or his application for a building permit for Le-An, Inc. to remodel a building on Dodd Road for supper clue facilities. It was noted that the Advisory Planning Committee reconunended approval, Upon motion duly made by Supervisor Uselmann and seconded ~y Super- visor Rahn, it was RESOLVED that the building permit application be, and the same hereby is, duly approved and the permit ordered issued upon payment of the appropriate fees therefor, subject to the approval of the Town Engineer and Buildi Inspector as to all plans and specifications and further to the hook-up to sanitary se~•~er and water. -7- Upon motion duly made by Supervisor Uselmann and seconded ?~y super- visor Rahn, it was RESOLVI~D that the Public Improvement Projects 60, 75 and 83 be incorporated into Project Tdo. 60A according to a separate resolution pre- sented to the Board and hereto attached. Upon motion duly made by Chairman Iaein and seconded by Supervisor Rahn, it was RESOLVED that the Preliminary Report on Public Improvement Project No. B4, sewer and water extensions to the Ta~~nview Addition, be, and it hereby is, duly accepted and the public hearing thereon is scheduled for September 7, 1971. iKr. James Diffley appeared on behalf of Crown Builders re the South Oatcs Addition roads near Trunk Highway No. 3. Upon motion duly made vy Super- visor Uselmann and seconded by Supervisor Rahn, it was RESOLVED that the request for acceptance of the South Oaks Addition roads be, and they hereby are, duly accepted by the Township suL-ject to the agreement by the applicant that in the event there is an erosion problem the Board o~ aupervisors will call a pudic hearing for the purpose of putting in blaclctop on the roads to be assessed abainst the abutting property owners. The Town Engineer indicated that the Rauenhorst Corporation had re- quested the Township to rnove the railroad traclcs along Highway 55 approximately 10 feet from Apollo Road to Lunar Lane, The matter was referred to the Town Engineer for study and report. Discussion was had concerning a proposed meeting re the construction of Interstate 494 and 35E and the Highway 55 and Lexington interchange. Chair- man IZlein ordered that a meeting be called for August 25th at 3:30 P.P4. for the Clerk to invite the same people invited to the last highway meeting to consider these public improvements, Upon motion duly made by Supervisor Uselmann and seconded by Super- visor Rahn ~t was P.~SOLVED to adopt the HUD resolution as presented Ly the -8- Town Attorney and to order the documents accompanying Che resolution to ?~e executed by the appropriate Town officers.. The Town Engineer then presenfied 'yid tabulations covering Public Improvement Project No. vv, Part 3. Thy Town Engineer reported that the low "~idder eras Erickson and Erickson for the total amount of $226,402.95. Upon motion duly made by Supervisor Uselmann and seconded by Supervisor F,.ahn, it was RESOLVED that the ?.yid of Erickson and Erickson in the sum of $226,402.95 be, and the same hereby is, duly accepted and awarded subject to the obtaining of appropriate easements in connection with the project as requested by the Town Engineer. Upon motion duly made by Supervisor Uselmann and seconded by Chairman IZlein, it was RESOLVED that the Town Engineer ~e, and he hereby is, duly authorized to write a letter to the I~Ietro Sewer Board indicating the Town's interest in the master plan of Rosemont and Burnsville re sanitary sewer con- struction and to request copies of the proposed plan for study by Eagan Toy-an• ship. The matter or the Flogstad application was continued for lacit of appearance until the August 17, 1971 Board meeting. The payment of the condemnation award in regard to the Cliff Road property for installation of sewer was discussed by the Board. Upon motion being made by Chairman I:lein and seconded by Supervisor Uselmann, it eras RESOLVED that the Toc~rn Attorney be, and he hereby is, duly authorized to pay the minimum percentage of the condemnation ~ttaard allowed by law when funds are available and to authorize the Town Attorti~y to take such appeal procedures as he deems appropriate in the circumstances grid to keep the Board posted on all litigation developments. Chairman I:lein then set the As~e~ament CommYttee meeting for 7:00 P.M. at the Town Hall on August l7, 1971. -9- Upon motion duly made and seconded it teas RESOLVED that 1~Jarrants Nos. 6273 through 6321 on Account No, 11.01022 and tlarrant No. 866 on Account No. 11-41073 be, and they hereby are, duly approved as presented and ordered paid.. Chairman Klein then presented a form of motion to authorize the Town Attorney to enjoin the I-Iinnesota Municipal Com~ni.asion proceedings far incorporation of Eagan To~•~nship, Discussion was had and objections were voiced from the floor by residents of Eagan Township. The motion was seconded by Supervisor Rahn and catcried with Supervisor Uselmann voting no. There being no further business, the tweeting was adjourned.. Dated: August 3, 1971 ;, -10-