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04/18/1972 - City Council RegularMI1vUTES or rr;GUi~.r~ r1EETZtdc oT BOAr.D OF aUPEP.vIORs EAGAIV TOt1P1SHIP, DAItOTA COUIITY, 2~IZDTAIESOTA April 1S, 1972 A regular meeting of the Board of supervisors, Town of Ea;an, Dalcota County, P4innesota, was held on _.,pril lu, 1972, at 7:30 P.M. at the Town Ha11 at which all members tae re present, Chairman rahn presided. Upon motion made by Supervisor Use3.mami aril seconded by Supervisor Rydrych, it wa., P,ESOLVED that the minutes of the ~:re~aio~~s meeting of the Board of Supervisors be, and they hereby are, duly approved subject to the following correction in Paragraph 2, Page 9, to read as follot•~s: `Upon motion made by ~~upervi.sor Uselmann, seconded by Chairman P.ahn, it was P.ESOLVED that the Totm Engineer be, and he hereby is, author- ized and directed to prepare specifications and Ioolr into the acqu~Lsition of appropriate Ioudspeaicer equipment for use in the Town Ha11 for meetin;s~` The Chief of Police, Aiartin DesLauriers, appeared in regard to nolice Department business. Chief DesLauriers presented a memorandum shotaing the bid prices of three manufacturers for three items of radio equipment for the nolice Department. Upon motion made by supervisor Uselmann and seconded by Supervis~~r P.ydrych, it was P.ESOLVEA that the hand-held radio sets and the mobile radio from General Communications, Zne., be, and the same hereby is, duly authorized and the Chief of Police directed to consummate said purchases; and TUI?T~LL` IUaSOLVED that James Olson, Town Fiscal Consultant, be, and he hereby is, dul;~ authorized and directed to prepare equipment trarrants for the purpose of financr •ing these purchases. Fire Chief t7illiam Schultz and Deputy Chief Jerry Adam appeared i.n regard to Tire Department business. Chief Schultz presented all the Board members with an associate membership in the Tire Chief's s sociation :nc~h t•~as duly noted by the Clerk. Chief Schultz then requested that a special informal meeting be held on tlednesday, ,April 26, fn the early evening to discuss moni- toring systems in the homes of the :ire Department personnel. Chief Schultz said that a representative of the manufacturer of the monitoring systea~cL*ould re avai].sble to tall; to the Board about it at this time. Chairman Zahn yet a special informal meeting for ;pril 26 at 7:00 P.M. Chief Schultz next requested an appropriation of $230.00 to defray expenses to send four men to the fire school commencing <,pril 24 through L~pr.3.' L at the PicT;-ITicollet Hotel and the Hipprodrome. Upon motion made by Supervisor- Uselmann and seconded by Supervisor Rydruch, it was I;ESOLVED that Fire Chief :chintz be, and he hereby is, authorized ar.:l directed to expend the su:n of up to $20.00 to send four men to the fire school commencing 9pri1 24 through `:pril 27 at the Piclc-TQicollet Hotel and :,t. Paul Hipprodrome. Fire Chief Schultz additionally requested $600.00 to defray the expense of sending approximately five men to the Iiinresota StaCe Fire Confer- ante in 3une in Brainerd which would include the Fire Chief, two officers and two regular firemen. Upon motion made by Supervisor Uselmann and seconded by Chairman Zahn, it was ZhSOLVIsD that Fire Chief Schultz be, and he hereby is, authorized to expend up to $600.00 for the purpose of sending five men to the Minnesota Utate Fire Conference. Superintendent tlilliam Branch of the Utilities Department appeared i^ behalf of Utility Department business. T~Ir. Branch requested appropriations to purchase a secondhand sander at a cost of $450.00 and two transceivers P.t a cost of $1,400.00. The Board directed that the tcao amounts be included in thQ total amount for equipment requested by the mire Department and to be included i_n the equipment ~•~arrants to be issued. -2- The following building permit applications were submitted: ~.. i;dward DeBois for a horse barn estimated cost $1,B00.00, 24' x 40' for sto~:age of horses and e~ruipme:~t. B. Robert Johnson building peL~nit for a home 7~~' x ?_6'. ?;st~- ated cost $33,000.00. It was noted that TZr. Johnson had previously received a variance for having less than five acres unplatted on which to build his new home on Ting P.oad. LTpon motion made by Supervisor Uselmann and seconded by Chairman I:~..h~.•,., it was P.T'~OLVED that the building permit applications submitted '~e, and they hereby are, duly approved and the permits authorized and ordered issued upon paymar_t of the appropriate lees therefor. The following sign peL~rnit applications were submitted: ::. lzyllo-Chaplin Builders, ~:.' ~ 3', to be placed on Lot 9, Block 3, ~idgeview Acres. B. Recces uample Shop, Inc. for a business sign to be located on Highs•~ay ,-kl3 Tiortheast of Seneca Drive. C. T~ietbarr Investments for a double faced billboard, estimated cost $1,000.00, 24' x 12' to be located on or near Lot 1, Block 1, 1Ja~an- T•ietro Center along silver Bell Ttoad. D. rTetbarr Investments rental sign, 4.' x 6' double faced, estimated cost $75.00 to be located at or neap Lot 1, Block 1, Lagan-Petro Center. Upon motion made by Supervisor Uselmann and seconded by Chairman R~hx~., it was 1Z~;°OLVED that the above sign permit applications with the e::ception of B be, and they hereby are, duly approved and the sign permits authorized and orde:r~ed issued upon payment of the appropriate fees therefor and the approval of the Building Superintendent as to location.. -3- Chairman :.ahn ne::t convened the continued public hearing of the app;,~.• cation of Blue Cross Service !>ssociation for the rezoning of part of the P1t34 of Section 17-27-23 and part of the A1E'~ of Section 16-27-23 from A, Agricultura?. to C-?_, Commercial; P.-6, T~iultiple : esidential and I:-l, Residential. Pir. Godward, Consulting ngineer, appeared on behalf of the applicant. Numerauo residents appeared in opposition of the application. Chairman Rahn designate-_~. supervisor Rydrych as Vice Chairman to conduct the hearing.. During the cou~-c~ or the hearing it was questioned whether the original rezoning of the Blue Cross property from ~'.~., ^.gricultural was to C-1, Light Cansaercial, or to C-2, Heavy Commercial, the latter being indicated upon the official zoning map of the town. Chairman P.ahn directed the Town .:`_ttorney to check the original minutes of the rezoning to determine how the property had orficially been rezoned and report bacl: to the Board. At the close of the hearing Mr. Godward, on behalf of the applicant, temporarily withdrew the application with the under- standing that he would offer to meet with the residents of the surrounding area to discuss further development of the area before requesting that the applica- tion once again be formally considered by the Board. The residents appointed Sob Swenson as their residential representative to meet with Minnesota I~ospital_ representatives. rlr. Sherman ilinthrop, atforney for Perlcegwin Investment Company, appeared with a request to clarify a rezoning I'tesolution of the Board adopted April 15, 1969, rezoning from A, Agricultural, to ?:-6, P~ultiple residential, certain parcels of property situated in the C,T~ of the S6•T~ of Section 1<<-27-23 and the ~t,T4 of the BIi14 of erection 14-27-23, and presented a form of Iesolution correcting said .Resolution adopted April 15, 1969. Upon motion made by supervisor Uselmann and seconded by Chairman rahn, it was unanimously P.SSCL`~sn by the Board of :supervisors that the P.esolution as presented by counsel - - -4- correcting said Pesolution adopted April 15, 1969, rezoning, be, and the same hereby is, duly adopted in its entirety as presented and a copy thereof attached to the minutes of this meeting; and PUP.THEP. P,E^OLVED that a certified copy of the resolution presented be forwarded to the attorney for the applicant. The application of Metbarr Investments was presented by its represen- tative Tom Barrett requesting a permit to construct a Sa gallon per minute capacity irrigation well in the property described as Lot 1, Blocic 1 and parr. of Lot 2 in the Eagan-1~Ietro Center on silver Bell F.oad. Upon motion made by supervisor Uselmann and seconded by Supervisor ^yd:ych, it was RESOLVED that the application be, and hereby is, referred to the ^lown Engineer for further study and report at the May 2 Board meeting. Superintendent '~illiam Branch requested that the Board authorize the Toc~m Engineer to study the proposed bJ.aclctopping for Chapel Lane in $urrview Acres and I;andom 1:oad in Harvey ,addition ido. 1. Upon motion made by Supervisor Uselmann and seconded by Chairman Ptahn, aye P.ydrych, it was P.ESOLVED that the Town Engineer be, and he hereby is, authorized and directed to prepare a pre- liminary report for the blaclctoppinb of Chapel Lane and 1?andom P,oad and there- after to set a public hearing for the consideration of these public improvement projects. Chairman Charles Hall appeared in regard to Park Committee business. He delivered a status report indicating that the Federal and State Governments were planning to hire teenagers this summer for part time park work at up to $10,000.00 for a three year period. Chairman Hall next set forth the recom- mendations of the Parlc Committee with regard to criteria for naming pa-rics and requested that the Board, based on the six criteria suggested, recommend appro- priate names for the upcoming Eagan parlcs. Chairman Hall next reported that Billie Enborg and t•)illiam harris had both resigned from the Park Committee due to other conflicts. He submitted -5- the five names of Park Committee members cahose terms had now expired: ATeil Coates, Dale Everson, Charles Hall, Gerber Hatteberg and Barbara Schmidt. The Park Committee suggested the following nominees: Don ^triker, Dr. Paul Grifen and 0. Rueben Johnson. Supervisor Uselmann suggested Jerry Leimer and Tiyrel Lundsten. Supervisor F~ydrych suggested Carolyn Thurston. The following names were thereupon put in nomination: Charles Hall Dale Everson Gerber Hatteberg Barbara Schmidt Carolyn Thurston Neil Coates PIyrel Lundsten Jerry Leimer Don Strilcer Paul Griffen O. P.ueben Johnson Thereupon the Board members voted ~~ith the most votes cast determin- ing the seven vacancies to be filled. The seven choices unanimously elected by three votes cast in each case were as follows: Charles Hall 2 year term Dale Everson 2 year term Gerber Hatteberg 2 year term Barbara Schmidt 2 yeas term Carolyn Thurston 1 year term Neil Coates 2 year term Myrel Lundsten 1 year term Upon motion duly made and seconded, it was P~ESOLVED that the forego ing individuals be, and they hereby are, duly declared appointed to the position of Park Committee Member for the terms indicated, and IaURTHEP~ RESOLVED that the Tocan Cleric be, and she hereby is, directed to notify all appointees of their appointment to serve on the Parlc Committee for the terms indicated. The Tocm <:ttorney then discussed with the Board the labor hearing on proposed bargaining unit for the Utility Department employees held earlier in the day on April 13, indicating that an electioh•~•~ouid be forthcoming to 6., r determine whether the Teamsters Union Local 110. 6G4 from Ifinneapolis would become the bargaining unit. No formal action wac taken. Upon motion made by Supervisor Uselmarn and seconded by Supervisor i ydrych, it was T2E~OLVED that the Tocan ~`,ttorney proceed with the park condem- nation of the B~~w's property if negotiations between the owner and Tr. Tony P.oszak prove unsuccessful in the next week. It was noted that the Town Trngineer recommended the condemnation be commenced due to the pressure to utilize this property for a sewer trunk line. The application of rox F.idge Development Company, represented by Douglas Kilgor, appeared on behalf of its application for final plat approval of the t12 of the E'~ of the St~J~ of Section 9-27-23, the proposed name of the plan to be Fix F.idge Addition. Upon motion made by Supervisor Uselmann and seconded by Supervisor P.ydrych, it cvas P.ESOLVED that the final plat be, and the same hereby is, duly approved. The application of I'ichard Dierenfeld for final approval of Dierenfeld ~.ddition in Section 9 was next presented. Upon motion of Superintendent U~elmann, seconded by Chairman P.ahn, it was P~ESOLVED that the final plat be, and the same hereby is, duly approved sub3ect to Building Superintendent Peters.on's check as to the variance from the platting and subdivision ordinance based on previous. minutes with regard to this appli-. cation for preliminary plat approval. I~Sr. Ted t•Jach-ter appeared and informally discussed revision of the planned unit development,. research and development, C-1, Commercial and C-2, Commercial, zoning provisions of ~3rdinance TIo. 6. TIo formal action c•~as tat.en but the Board informally agreed that some revision thereof would be in order and that the entire Zoninn, C~rdin8nce and planning far. the Township was being considered at this time. The Town Littorney stated to the Board that Air. Cha-rtes Ewing, .~.. affiliated with the St. Paul Chamber of Commerce, had indicated that it would be very helpful to obtain r"rom the Eagan Board a resolution supporting the immediate construction of the segment of Interstate 35E from Lexington Avenue in St. Paul south to I94. Upon motion made by Supervisor Uselmann and seconded by Chairman P.ahn, it was RESOLVED that the Toc,m Attorney and Toim Engineer collaborate on an appropriate resolution for final approval and adoption by the Board. Mr. Patrick O'Boyle appeared on behalf of his application fog a vari- ance under Ordinance TQo. 6 to operate a welding shop in his garage located at 425 South Robert Trail. Upon motion made by Supervisor Uselmann and seconded by Supervisor Rydrych, it was. RESOLVED that the variance be, and the same hereby is, granted provided that no residents residing within 500 yards of the proposed welding shop object to it, the adjoining residents to be notified by the Clerlt. Leo Murphy submitted a petition and letter requesting an interchange at Deerwood Drive and proposed Interstate 35E. Upon motion by Supervisor Uselmann and seconded by Chairman Ptahn, it was P~L'SOLVED to refer the request to the Town Engineer for study and report. The following applications for beer licenses were submitted by the Town Cleric: R.ay Rahn - Parkvie~•i Golf Club SuperAmerica County Road T1o. 30 and Highway No. l' Ralph Lamorier -.Airline Piotel [•iest End Hunting and Fishing Club Upon motion made by 5upervisar U~elmann and seconded by Uupervisor Rydrych, it was RESOLVED that the foregoing applications for beer license for Che year 1972 be, and they hereby a.re, approved and the licenses ordered renewed upon payment of the apprropriate fees therefor. The Town Clerk submitted a request from Assessor John O'Toole for an -$w abatement on the Edward ^yan property, 1799 Bluestone Drive, to correct a cler- ical error in the evaluation of the property. Upon motion by Supervisor fselmann and seconded by Chairman Rahn, it was RESOLVED that the request for abatement as presented be, and it hereby is, duly approved. A request by the T~Ietropolitan Sewer Board was presented for the paving of Comma~nche Road and Kennebec Drive. Upon motion made by Supervisor Uselmann and seconded by Supervisor P.ydrych, aye Icahn, it was RESOLVED that the request be referred to the Town Engineer for study and report. The Clerlc next read a letter received from Joan Nicklaus of Troop 310 Girl Scouts stating that three trash cans had been placed gratuitously at the Cedar Grove Park and requesting that the Town tape care of emptying the cans. Chairman P.ahn referred the matter to the Park Committee. The C1erlc ~tat~d:ttiat a request had been made for the appearance of a member of the Town Board at a special meeting of School District i1o. 196 to be held April 25, 1972. Chairman P.ahn appointed Supervisor P.ydrych to attend the meeting. Upon motion made by Supervisor Uselmann and .seconded by Chairman P~ahn, it was RESOLVED that an assessment hearing for utility improvements in Selmartt Addition be set for June 6, .1972, at 3:00 P.Nt. at the Town Hall. 1'he Town Engineer discussed with the Board the benefit policy of the P~ietropolitan Sewer Board with regard to sewer service. The Board inormaliy directed the Town Engineer to prepare a draft of a letter for the April 26 Board meeting setting forth a policy keeping the proposed benefits to a mini- mum. Upon motion made by Chairman Rahn and seconded by Supervisor P.ydrych, it taas PESOLVED that Supervisor Uselmann be duly desi;nated as the fifth sewer service district representative from the Town of Eagan to meet with Bloomington -9- and Burnsville in the future.. Upon motion made by Supervisor Uselrsann and seconded by 3upe~visor ~ydrych, it was RESOLVED that Chairman Rahn be, and he hereby is, duly appointed as the Board member to the Eagan Assessment Committee. The Town Clerk advised the Board that a notice requesting input on the request of N5P to dredge a portion of the I~2innesota River had been received from the Pollution Control Agency,. PTo formal action was taken. The Board informally directed the Town Attorney to determine if, in fact, a °~developer's contract°~ form had been previously prepared for use in the past covering such things as bonding for road installation, utility installa- tions, recreational .areas, ;etc., and also whether such developers contracts had been signed covering Cedar Grove Additions 10 and 11, 4~lilderness Run and Pilot Knob Properties. The Town Attorney caas directed to send copies o.f this agreement to the members of the Board if one exists and, if not, to prepare an appropriate developer's contract for consideration by the Board. Upon motion made by Supervisor Uselmann and seconded by Chairman P.atzn, it was RESOLVED that all bills were approved as presented and ordered paid according to tlarrants ~t7705 through 4~77b4 and ~ 1055 through ~~1060. Upon motion made and seconded, the meeting adjourned.. Dated: April 1D, 1972 ~:~ ~ /~`~-~-~~~ - M -~ -lo-