10/03/1972 - City Council RegularT~sIT3U2"E~ or I'.EGU?~1T; T~ETIPIG Or I'~~_r~ or ~uPET:vI~or.S
Tn'?Td OI' LAGAN, DAT~OTA COUTITY, i~:iIPIA]E,~,OTA
October 3, 197:'
A regular meeting of the Board of supervisors, Town of Iragan, Da[co~~a
County, T~iinnesota, was held on October 3, 1972, a~L 7:30 P.II. at the Toc1n Tiall
at c~hich all members were present.
Chairman ^ahn presided. Upon motion made by Supervisor Uselsaann ar,~?
seconded by ^upervisor I'ydL-ych, it was r~SOLVL"D that the minutes of the pre-
vious meeting be, and they hereby are, duly approved as presented subject to
correction in Paragraph 3, Page 3 changing `'twenty miles` to 'twenty rolls."
Chief of Police TiarL-in DesLauriers appeared and requested support
~~•rom the Board to try to negotiate caith DaTcota County nor a motor vehicle
removal program to eliminate the storing o~ c~ireciced and unusable vehicles
throughout the toc•~nship. Upon motion made by Cupervisor Uselmann ar~d seconded
icy Chairman Ttahn, it was I'.I;SOLVED that Police Chief DesLauriers be, and he
hereby is, authorized and directed to contact the Dakota County Board of
^.crrr-nissioners in an attempt to secure some sort of effective means pi dealing
with the parking of wrecked and unusable automobiles throughout the county and
,<<riicularly Lagan.
There ~s na mire Uepe~~:tt beeriness.
D4r, James Olson, Town ;?fiscal Consultant, appeared on behalf of a
p:-ovision for new bond issues predicated on the bids received on projects pre-
viously approved by the Board totaling $1,115,000, sufficient to cover all
included projects plus administrative costs and interest. The matter c~~as dia-
cussed at length and the Board was advised by Tir. Olson that no proceeds f;:om
assessments would be received during the year 1973 which required the eddi~xg
to the total issue one year's additional interest. Upon motion made by
Supervisor Uselmann and seconded by `?upervisor ?'.yd;-ych, it was T'.1;SOLVGD that
the Cleric be, and she hereby is, duly authorized and directed to advertise for
i:he sale of the proposed bonds covering Public Improvement Projects ATo. 65A,
30~,, 90, 92, 94, 9v^A, 100E, and &7 in the total amount of $1,115,000 for October
26, 1972, at 7:00 P.TI, at the '~ot•~n Iiall.
Superintendent `iilliam Branch appeared on behalf of Utility Depart-
went business and discussed the proposal o'` TTorthern States Power and Dalco~a
County T;lectric Cooperative for street lighi:in~ in L'agan. TTo formal action
t•Jas taken. superintendent Branch further requested the authority to purchase
three radios at $74G. from R.C.A. Upon motion made by Supervisor Uselmann and
seconded by Chairman ~ahn, it was F.ESOLVED that Uuperintendent Branch be, and
lLe hereby is, authorized and directed to purchase three radios of 25 t~~att power
from R,C.A. for a total purchase price of $7t:4. and to cancel the pending order
cahich had not been fulfilled for 15 watt radios.
I~r. Gerber Hatteberg appeared on behalf of the Paric Committee busi-
ness and requested appropriation approval of $1,7v5 to upc'ate the current paYl;
~~_anning map and the printing of 100 additional copies thereof. Upon motion
made by Supervisor Uselmann and seconded by Cupervisor P.ydrych, it was I'~SOLVEli
that the Parlc Committee be, and hereby is, authorized to expend up to $1,735
to update the park planning map and to produce 100 additional copies thereofv
The proposed park ordinance as presented by the Town Attorney t•~as
discussed with the suggestions of the Paric Committee for changes in the orig-
inal draft. The Town Attorney was directed to redraft the ordinance in line
t~~ith the discussion had by the Board regarding the proposals of the Paric
Cozru*~i t tee .
The Paric Committee representative Gerber Hatteberg, proposed that ar_
ordinance be prepared -for bikes, snowmobiles, etc. Upon motion made by
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Supervisor Uselmann and seconded by Chairman P.ahn, it was RESOLVED that the
matter be referred to the To~~~n Attorney for further study and preparation of
a draft of such an ordinance.
Gerber Hatteberg also requested payment of the sum of $791 to
arren Excavating, Inc. for excavating the hockey rinl; at Pilot Lnob School.
Upon motion by Supervisor Uselmann, seconded by supervisor P.ydrych, it way
~.E~OLVED that payment of the above bill be authorized.
Chairman Cahn then convened the public hearing on the application c~~:
Dakota County Electric Association to rezone from i-~, Agricultural, to P, Pubo~
Facilities, a one acre parcel near the Northwest corner of the intersection
of Yanlcee Doodle woad and Lexington Avenue :youth and fora special use and
building permits to construct an electric utilities sub-station thereon. T.~r.
I;de~ard Brunlchorst of the Dalota County Electric Association appeared on behalf
of the application. There was no opposition to the application. Upon motion
made by Chairman P.~.hn and seconded by Supervisor Uselmann, Supervisor P,ydrych
abstaining, it was RESOLVED that the rezoning of the one acre parcel near the
~Tnrthraest corner of the intersection of Yanlcee Doodle Road and Lexington
t:venue South be, and the same hereby is, rezoned from A, Agricultural, to P,
P~eblic Facilities; and FUP.THEP. RESOLVED that a special use and building pe~m-:ir.:•
to construct an electric utility sub-station thereon be, and the same herei,y
a~:e, ordered issued upon payment of the appropriate fees therefor.
The following building permit applications were then submitted to
the Board:
1. Lawrence Groven - Inquired as to the feasibility of a single or
dosble family house building permit to construct one or the other on Silrer
Bell load near Cedar Avenue. TJo formal application was presented and r.~ forma"=.
ac:.~ion was taken thereon.
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2. t%lr. Jacl; Detriecl; appeared on behalf of an application for an
addition to the PicRee warehouse. No plans were presented. It was noted that
the warehouse was l;nocan as the Highway Building. Upon motion made by Cha irm:~n
P.ahn and seconded by Supervisor Rydrych, it c~IGJ P,E30LVED that a foundation
pernut be, and it hereby is, ordered issued at this time but that no building
permit be issued for such addition until formal plans and specifications have
been pregared and presented and approved by i:he Toc~m Engineer and Tiuildin~
Inspector. The addition to be located on pare of Lots 7 and 0, F,obert O'ideil
Homestead. Estimated size 34,000 sq. ft. and estimated cost Y14S,000.
3. riacey Signs, inc. applied for a sign permit for l~,merican i'ruit
and Produce Company to be situated on the roof of their building. Upon motior~
made by Chairman P.ahn and seconded by Supervisor Rydrych, it was I'.ESOLVED that
the sign permit application be, and the same hereby is, approved and ordered
issued upon payment of the appropriate fees therefo.r~
/~. The application of Virgil Schaaf for a 3' x 4' sign and a radio
tower 50 feet high to be situated on the East x:•00 feet of Lot 3 of Auditor
subdivision No. 3~ was presented. Upon motion made by Supervisor Uselmann
and seconded by Chairman Rahn, it was P~ESOLVED that the application for a sign
and building permit for a radio tower 50 feet high on the East 400 feet of
Lot 3 of Auditor Subdivision Igo. 33 be, and the same hereby is, approved and
ordered issued upon the pa}anent of the appropriate permit fees therefor.
Mr. Arnold Carlson appeared requesting a corr~ct-!on of an error in
tl~e legal description of his plat of Evergreen Parl; Addition. Upon motion
made by Supervisor Uselmann and seconded by Supervisor I',ydrych, it c•1as P.ESOLVFD
that the error in the legal description of the plat for Evergreen Pa r1; Addition
as ssbmitted by applicant Arnold Carlson, be, and the same hereby is, ordered
corrected and certified to the Countq Register of Deeds.
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There was no appearance by a repres~t~~ative of Northern States
Poeaer Company concerning installation of power poles East of Pilot Rnob Toad
and t?ilderness P.un Addition. Therefore, Chairman I'.ahn ordered the matter
continued until the October I7, 1972, regular Board meeting.
T-ir. James Cooperman, architect, and Clif~ord Fraser of Enterprises
Properties, Inc. appeared on behalf of its application for a building pei'~nit
to construct an industrial building on a five acre parcel on part of ~ot~ 7
and C, Eagandale Center Industrial Park TTo. 2. The Board discussed the matter
at length and refused to either deny the application nor to grant it until
further studies have been made and a special meeting held between the applicant
and the Board, such meeting to be set at a t-uture time by the Town Cleric.
The application of Colonial Self storage of Minnesota for a building
permit to construct an industrial building on Lot 2, Block 2, Cedar Industrial
Parl; and for a variance to include an apartment in the building was striclcen
for lasts of appearance.
Mrs. Freada Golden and Ruth Marell appeared on behalf of their app~.i-
car.ion for a special use permit to operate a day care center at 1959 Silver
Bell Road in Eagan Metro Center. It was noted that the Advisory Planning Com-
mtttee recommended approval. The applicants indicated to the Board that this
was a pre-school day care center and subject to the approval of the State of
Minnesota ~lelfare Department. Upon motion made by Supervisor Uselmann and
seconded by Supervisor Rydrych, it was RESOLVED that tl~e application be, and
the same hereby is, duly approved and a special use permit ordered issued upc:-
the approval by the State of Minnesota i]elfare Department and the State Fire
Marshal and other necessary approval,
Mr. Ralph Rutledge of Rutledge Construction Company appeared on behalf
of its application for a building permit to construct an addition for Concord
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Industries at 1243 Eagan Road, 40' x 100', at an estimated cost of $20,000.
It was noted that the Advisory Planning Committee recommended approval. Upon
motion made by Supervisor Uselmann and seconded by Chairman Rahn, it was
PESOLVED that the building permit application be, and the same hereby is,
granted and ordered issued subject to payment of the appropriate fees therefor
and further subject to the approval of the plans and specifications by the
Town Engineer and the Building Inspector.
Mr. Ken Olson and Larry Wenzel appeared in response to the request
of the Board for a park contribution and payment of interest on assessments at
the High Site Apartment complex. The development and cleanup of the ponding
area near the apartment complex was discussed. No formal action was taken,
Upon motion made by Supervisor Uselmann and seconded by Chairman Pahri~
it was RESOLVED that a public hearing be set for October 17, 1972, at 8:00 P.I•';n
at the Town Hall to consider the application of Carl Lindstrand for preliminary
plat approval for an eight acre parcel on the Kest side of Dodd Road.
The application of the AnCler Corporation for preliminary plat ap-
proval, plan approval and variance covering Lots I,1 and 12, Block 1, Robert
Karatz Addition was presented by representatives on its behalf. It was noted
that the Agenda called for setting a public hearing date but the representati~~e~
advised the Board that all they were requesting at this time was a variance
over Lot 11, zoned R-1, Residential, to construct a street to the balance of
their property consisting of 29 acres total on which the applicants intend to
build 120 townhouse units. Upon motion made by Supervisor Uselmann and seconc?e~i
by Chairman-Rahn, it was RESOLVED that a variance be granted to applicants in
order to permit the construction of an access street over and through Lot lI,
Block 1, Robert Karatz Addition to serve the remaining area zoned R-6, Multiple;
subject to the final approval of an overall development plan fnr the 29 acre
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parcel for the construction of townhouse., and FUItTi~l;l~ RESQS~VED that the pre-
liminary plan as presented be, and the same hereby is, fitly approved.
The Board briefly considered the proposed acquisition of the DCR park
property on P~ahn Road in the light of the request of DCR to be relieved of the
taxes and assessments since 1970 per letter received from David L. Grannis,
Jr., attorney for DCR Corporation. Chairman P.ahn referred the matter to the
Town Attorney to determine the past agreement, if any, regarding taxes and
assessments on this property, and the matter to be reviewed again at the
October 17th meeting.
Upon motion made by Supervisor Uselmann and seconded by Chairman RahTls
it was RESOLVED that the Chairman and Clerlt be, and they hereby are, authori2ed
and directed to execute the formal contracts covering Public Improvement Project
~o. 86 with Austin P. Reller Construction Company.
The Town Attorney presented a letter received from Attorney Leonard
Juster regarding the purchase price for the proposed ti~ilderizess P.un Fourth
Ad3ition well site which the Town desfres to acquire. The Town Attorney recom-
mended to the Board that upon past negotiations it should hold firm in its
desire to purchase at the price of $2,800 per acre. Chairman Rahn directed the
Town Attorney to attempt to renegotiate with the new owner predicated upon a
previous agreement for a price of $2,800 per acre with Arnold Carlson, the
previous owner of the property. Upon motion made by Supe rvisor Uselmann azid
seconded by Supervisor Rydrych, it was RESOLVED that Austin P. IZeller Construc~
tion Company be, and they hereby are, granted an extension of time until
December 1, 1972, to complete Fublic Improvement Project No. 88, Part 1, due
to strikes and bad weather.
rir. Herbert Lyon, 4105 Blackhawk Road, appeared informally before the
Board with regard to the dirt problem on Blaclthattk Road caused by the construc-
tion in Cedar Grove No. 8 and also ecological considerations of tE-e small pond
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area near Deerwood Drive and Elackhawk Road and other matters of conservation.
No formal action was taken.
The Town Engineer next presented his Preliminary Report for Public
Improvement Project No. 108, Cedar Grove Plant to MSB Metering Station. The
estimated cost of this project is approximately $30,000 to be paid for out o$
Sewer Trunk Fund No. 3. Upon motion made by Supervisor Uselmann and seconded
by Chairman Rahn, it was P.ESOLVED that the above report be, and hereby is,
accepted and approved as a Change Order to an appropriate existing contract to
be designated by the Board of Supervisors.
The Board authorized the Cleric to send a follow-up letter to the
T•ietro Sewer Board inasmuch as no reply has been received to the letter object-
ing to the proposed SAC charge.
The Town Engineer referred a letter from the United States Department
of the Interior to the Town Board regarding the possibility of a cooperative
program between the U. S. Geological Survey and Eagan Township for monitoring
storm water run-off in l3 small lakes at a cost of approximately $~~600, with
half of the funds furnished by the local government and those funds matched bf
Survey funds. Upon motion o£ Supervisor Uselmann and seconded by Supervisor
P,ydrych, it was RESOLVED that Eagan enter into an amended cooperative agreement
through the Minnesota Division of lJaters, Soils and Minerals starting in 1972;
and FURTHRR RESOLVED that the Town would supply one man and alight boat to
assist in sample collection, said funds to be paid for with a special tax levy,
A letter received from Cedar Grove Construction Company requesting
sanitary sewer to be installed in the twa townhouses and four quadrominimum
units on Silver Bell P.oad and Blackhawic Road was submitted. Upon motion of
Supervisor Uselmann and seconded by Chairman Rahn, it was RESOLVED that the
above request be referred to the Town Engineer for study and recomme,~dation.
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Upon motion of Supervisor Uselmann and seconded by Chairman P.ahn, it
was RESOLVED that the Town Engineer contact the County regarding County Road
requirements and guidelines for the cost sharing for 1973 and report to the
Town Board at his earliest convenience.
A suggested ordinance for Cable TV rranchise was received from P-etro
Cable TV which was referred to the Advisory Planning Committee for review and
recommendation.
Supervisor Uselmann stated that a meeting had been set for October
~Oth at 7:30 P.M. at the Eagan Town Hall with Daicota County Administrator Andy
Anderson to discuss changes from Township to Village form of government.
Upon motion of Supervisor I'.ydrych, seconded by Supervisor Uselmann,
the following Change Orders cJere approved:
1. Change Order I`1o. 1 to Improvement 49-3 to compact the trenches
aCYOS3 Blue Cross property for the sewer trunk at a cost of
$4,743.00.
2. Change Order No. 2 to Improvement 58-2 a Close out of Contract.
Costs for Falconshire Apartments at a cost of $10,879.00 - all
costs to be assessed against the DeBoer property.
Upon motion of Supervisor Uselmann and seconded by Chairman Rahn, it
was RESOLVED the week of October 15, 1972 be declared Cleaner Air Trleek and a
proclamation be signed accordingly.
Upon motion of Chairman Rahn and seconded by Supervisor Rydrych, it
was RESOLVED that Carolyn Rrech be hired as asszssment clerk and for other
office duties, and it was FURTHER RESOLVED that the Town Cleric be, and she
hereby is, authorized to spend approximately $500.00 for the additional necesn
sary office equipment.
Upon motion of Supervisor Uselmann and seconded by Supervisor Rydryc".,
it was RESOLVED that j-Warrants Nos. 8391 through 84.0 and 1142 through 1151 be
issued in payment of bills, approved as presented, '
Upon motion made and seconded, the meeting was adjourtl~d.
"p
D4?:ed: October 3, 1972
_g_ r Clerk