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03/07/1972 - City Council RegularMINUTES OF REGULAR MEETING OF BOARD OF SUPERVISORS TOWN OF EAGAN, bAKOTA COUNTY, MYPID1E30TA March ~', 1972 A regular meeting of the Board of Supervisors, Town of Eagan, Dakota County, Minnesota, was held at Che Town Aall, 3795 Pilot Knoh Road, Eagan, Pinnesota, on March 7, 1972, at which all members were present. The miautes of the February 15th and February 29th meetings of the Board were approved as drafted, Mr, Martin DesLauriers and Mr. Peter Poppler presented a proposed car_~ tract with the Police Department employees which had been presented to the L~oard at an earlier date. After review and upon motion by Supervisor Uselmann, seconded by Supervisor Rahn, aye Chairman IClein, it was RESv^?,VED that the con- tract be approved for the calendar year 1972 with the following changes: 1. That the provisions of the contract continue until a new contract is entered into between the Board and the Police Department employees, 2. That the salary increases be subject to approval by Internal Revenue Service. 3, That the group life insurance premiums be paid by the employees be added to Article 7, 4, That the clarification of the vacation period be spelled out to provide that after one year each employee is entitled to five eight-hoar days of vacation, Beginning the second year the employee begins accruing vacation on the basis of tea eight-hour days of vacation per year. There was no Fire Department business, Utility Department business, ~r Park Com'nittee business. Mr, Weddell Widstrom, 3155 Lexington Avenue South, appeared requesticg a rasid~ntial building permit for Wescott Garden, Lot 3, Block 4, consisting of a ten acre parcel,. Access by public road is available to the property. Mr. tr7idstrom asked that a feasibility study of water and sewer service to the lot be made. Upon motion by Supervisor Uselmann, seconded by Supervisor Rahn, aye Chairman Klein, it was RESOLVED that the building permit be granted and that a feasibility study for water and sanitary sewer to the area be ordered, The following sign permit applications were presented: A. Naegele Outdoor Advertising Company requested a sign permit for the LaHass property on Highway ~,~13 to advertise Fox Ridge Addition„ B. Brede, Inc., signed permit application for signs on two sides of the Country Club P~Iarket building on Highway #13. Upon motion by Supervisor Rahn, seconded by Supervisor Uselmann, it was RESOLVED that the applications be approved.. The Chairman then announced the opening of the hearing concern3.ng the application of Arnold Carlson for preliminary plat approval for Wilderness Run Third Addition, Section 27, at the Northeast corner of Pilot Knob Road and Cliff Road. Mr. Carlson presented the proposed plat and there were no objet- tions. Upon motion by Chairman Klein, seconded by Supervisor Rahn, aye Superv visor Uselmann, it was RESOLVED that the application be approved. The Board then considered the application of Mr, Roger Derrick and Ralph Seorum to rezone 7.2 acres East of Highway 413 in Section 4 from R-1 to R-4, It was noted that the APC recommended no change in zoning. Numerous residents in the area appeared concerning a proposed street plan in the general area between Pilot Rnob and Highway X13 North of Lone Oak Road. The Board noted that the Town Engineer and Iir. Sohn Voss had been requested to resubmit a proms posal to the Planning Committee on March 28th concernin; the proposed road pattern, After considerable discussion, and upon motion by Supervisor Uselmanni, seconded by Supervisor Rahn, aye Chairman Klein, it was RESOLVED that the app'.i- catian of Mr, Derrick and 2tir, Seorum be denied and that the area remain R-l. -2- Upon motion by Supervisor Uselmann, seconded by Supervisor Rahn, aye Chairman Klein, it was RESOLVED that a public hearing concerning the application of Blue Cross to rezone part of the NW's of Section 17 and the NE's of Section 16 near the Blue Cross Road from A, Agr:.cultural to C-2, R-1 and R~-6 be held on April 4th at 8:00 P.M. at the Town Hall. Mr. Sander Ackerberg, architect, and Mr. Nesset appeared on behalf of the application of Capp Homes and Hepco for building permit and for variance fo:: warehouse on a part of Lot 1, Block 1, Cedar Industrial Park. It was ncte3 tha". the Advisory Planning Committee recommended approval of the building permit s*id approval of the variance subject to consent of the neighboring property owner owning the R-6 zoned area, Norman Vogelpohl, Mr. Nesset explained that he had contacted Mr, Vogelpohl who indicated that he would not take a position for or against the request for variance. It was further noted that the exterior of the building is planned with a breakoff block, Upon motion by Supervisor Uselmann, seconded by Supervisor Rahn, aye Chairman R1ein, it was RESOLVED that the application be approved subject to the Totian Engineer's and Building Inspec- tor's approval and further that the variance be granted as to the setback of the building from the RAG area on the basis of the above information.. Mr. Jerome Hagemeister and Mr. Ralph Glohlers appeared on behalf of the application of Land Planning and Engineering Corporation for final plat app proval for Wescott Hills Addition on Yankee Doodle Road. The APC recommennded approval. Upon motion by Supervisor Uselmann, seconded by Supervisor Rahn, it was RESOLVED that the application be granted and that the plat be executed by the town officials, Mr, Hagemeister also submitted a request to vacate a street easement and a utility easement in the Wescott Hills Addition area for the reason that the easements granted heretofore did not conform with the platted easementsQ Upon motion by Supervisor Uselmann, seconded by Supervisor Rahn, aye Chairman •3- Klein, it was RESOLVED that a hearing on the street vacation be scheduled fc~x April 4, 1972, at 8:00 P,PZ. at the Town Hall. A representative of R. L. Johnson Investment Company appeared pn behalf of its application for building permit for industrial building Nest of Highway X13 and Four Qalcs Road in Sections 8 and 9. The APC recommended approve al according to certain conditions. After discussion, upon motion by Supervisor Uselmann, seconded by Supervisor Rahn, it was P.ESOLVED that the Board grant the application for building permit subject to the provisions of the Planning Committee recommendations caith the understand in ;, however, that the buffer recommended by the Planning Committee be in the form of landscaping betereen the building and Highway ~~13 for the benefit of the residences East of Highway ~~13 and subject to the Tom Engineer's and Building Inspector's final approval° Chairman Klein did not vote on the issue. Mr, Hugh Thorson and Mr, Charles Rueger appeared on behalf of Mr, Thorson's application for a mobile home sales area special use permit on a 120 acre parcel ocaned by Tfir. Rueger at the North~rest corner of Cedar Avenue and Highway ~~13. It was noted that there would be seven display units with other modular and mobile homes stored in the area. The Board stressed the importance of neatness in the area. Upon aKation by Chairman Klein, seconded by Supervisor Rahn, aye Supervisor Uselmann, it was RESOLVED that the application for special use permit on a one-year basis be approved. The Board then considered the request to release tax escrowed funds in favor of Cedar Grove Utilities Company according to the stipulation entered into between the Town and Cedar Grove Utilities Company concerning the purchase of the Cedar Grove Utilities System. It was noted that the 1971 real estate taxes payable in 1972 have now been prorated by the County Assessor to provide that 50°!. of the taxes be paid to the county and that SO°l, be returned to Cedar Grove Utilities Company according to agreement, Upon motion by Supervisor -4- Uselmann, seconded by Supervisor Rahn, aye Chairman I:lein, it was RESOLVED that the request for release of the tax escrowed funds above mentioned be approved, Upon motion by Supervisor Rahn, seconded by Supervisor Uselmann, aye Chairman Klein, it was RESOLVI+,A that the Town Attorney be authorized to complete the purchase of park area along vacated Rahn Road from Cedar Grove Construction Company according to the previously negotiated agreement for the purchase of the property.. Upon motion by Supervisor Uselmann, seconded by Supervisor P.ahn, aye Chairman Klein, it was RESOLVED that the option for the purchase of the John O'Toole property for parks be executed according to the recommendation of the Park Committee. The Board then discussed the recommendation of the Planning Committee concerning a proposed committee to study Cable TV in Eagan. Chairman Klein suggested that a meeting with three neighboring communities at Rosemount sug- gested for Wednesday, March 15th, be attended by the Planning Committee and Board members to discuss the proposed CATV in Eagan Township. Upon motion by Supervisor Uselmann, seconded by Supervisor P.ahn, aye Chairman Klein, it was PESOLVED that the Assessment Committee minutes of February $, 1972, be approved as presented. The Assessment Clerk got in touch with Don Christenson who indicated Iie understood that his property on the South side of the street would be assessed at the present time, but that it would be deferred until development or sale took place at same future time at which time interest from the date of assessment would be charged. The Town Attorney submitted a letter concerning contacts with the Aginnesota Highway Department relating to removal of Eagan town signs on roads leading into the township. It was recommended that no formal action be taken at the present time. ~5.. The Town Attorney i~icated that he is still in the~negotiation.process with .the Metro Sewer Board concerning the acquisition by the Sewer Board of the Cedar Grove sewage disposal plant and site. It was noted that a letter had been received from the Tax Commissioner concerning the levies for budget approval procedure for urban townships and it was noted that because of the uncertainty of the population changes and state aids that a decision by the electors at the annual meeting as to the 1973 budg<_•t would not be possible Upon motion by Supervisor Uselmann, seconded by Supervisor Rahn, 2-~e Chairman Klein, it was RESOLVED that preliminary report No. 65 concerning water and sewer services in Sections 19 and 30 West of Cedar Avenue be, and it hereby is, accepted from the Town Engineer and that a public hearing concerning the report be scheduled for April 4th at 8:00 P.M. at the Town Hall. Upoa motion by Supervisor Rahn, seconded by Supervisor Uselmann, aye Chairman Klein, it was RESOLVED that Change Order No. 1 to Project 58, Part 2, consisting of trunk sewer in the NEB of the NEB of Section 15 in the sam of $5,413.50 relating to cleanup work on the St, Paul Companies property be approve3. Upon motion by Supervisor Uselmann, seconded by Supervisor Rahn, it was RESOLVED Chat computer programming for the withholding tax and PEItA informa~ tion for the township be approved in the sum of $420.00. The Clerk again presented the bill from the Metropolitan Sewer Board for Eagan's portion due February 1, 1972. Upon motion by Supervisor Uselmann, seconded by Supervisor Rahn, it was RESOLVER that the payment be forwarded to the Metropolitan Sewer Board. Chairman Klein voted against the resolution. Upon motion by Chairman Klein, seconded by Supervisor Rahn, aye Supervisor Uselmann, it was RESOLVED that the Quit Claim Deed from Gulf Oil Corporation for a street easement South of Lone Oak Road near proposed Highway I-35E be, and it hereby is, accepted and approved and ordered recorded. -6- Upon motion by Supervisor Uselmann, seconded by Supervisor Kahn, aye Chairman Klein, it was itESOLVED that the extract of minutes correcting the bond transcript for Project No. ~4 be, and it hereby is, approved and made a part of these minutes. Upon motion made and seconded, the bills were approved as presented and ordered paid according to Warrants No. 1037 through 1045 and Warrants No. 2979 thro ugh 3000 on Account No. 11-010-22. Upon motion made and seconded, the meeting was adjourned, Dated: March 7, 1972 -7-