Loading...
06/20/1972 - City Council RegularMINUTES GF REGULAR P4EETIIdG OF BOAP.D OF SUPE ;VISOi:S TOb~7N Ot~ EAGAN, DAKOTA COUNTY, P~LTT~TPIESOTA June 20, 1972 A regular meeting of the Board of Supe;-visors, Town of Eagan, Dat:ota County, A:innesota, was held on June ?0, 1972, at 7:~0 P.~t. aC the Town Hall at which all members were present. Chairman F.ahn presided. Upon motion made by Supervisor Uselmann and seconded by Supervisor F.ydrych, it was RESOLVED that the minutes of the previous special meeting of the Board held on June l~, 1972, be, and the same hereby are, duly approved as presented; and FURTHEF RESOLVED that the minutes of the special meeting of the Board of Supervisors held an June ?., 1972, be, and they hereby are, approved as presented extent that the last sentence on Pale 3 under para- graph 3, "As to the improvement planning, it was informally decided to not include the ball field located in the upper left corner of the site plan tempor- arily, subject to review later on," should follow at the end of paragraph 2 rather than paragraph 3 as now appears in the minutes of that meeting. Police Chief Martin Des Lauriers appeared on behalf of Police Depart- went business and reported on the traffic patterns at the Cedarvale Shopping Center as directed ~t a previous meeting of the Board. The situation was dis- cussed, and the Board informally directed Chief Des Lauriers to request DCP~ Corporation to prepare signs and post same fog one way" traffic in the vicinity of Applebaum's Store in the Cedarvale Shopping Center. There was no Fire Department businesN. Superintendent iailliam Branch appeared on behalf of Utility Department business and reported that he had hired Mr. Don Stricker as of July 5th for the Utility Department subject to approval of the Board. Upon motion made by Supervisor Uselmann and seconded by Chairman i,ahn, it was RESOLVED that the hirin; of Don Striclcer by the Utility~Department be, and the same hereby i, approved and confi~~ed. Dirs. F,arbara Schmidt appeared on behalf or" Park Committee business and reported the recommendations of the Parlc Committee of individuals to serve on the Land Use Sub-Committee; namely Hall, St~ohltirch and Schmidt. Herb Polzin recommended on behalf of the Advisory Planning Commute®, ilachter, Marble and Polzin as members of the .nand Use Sub-Committee. Chairman I'.ahn thereupon announced that upon the recommendations of the Pa-r1: Committee and the Advisory Planning Committee those individuals named above appointed to the Land Use Sub- committee. Iir. Jaclt llielentheis, representing Cedar Grove Construction Company, appeared on behalf of its application for a building permit to construct a ware- house shed on Lot 7, Blocs: 7, Cedar Grvve I3o. ~ and further to approve the development of Cedar Grove Ito. ~. Upon motion made by supervisor U~elmann and seconded by Supervisor P.ydrych, it was I'TSOLVED that the building permit appli- cation be, and the same hereby is, approved and the permit ordered issued upon payment of the appropriate fees therefor and the development plan of Cedar Grove No. ~ be, and the same hereby is, approved subject to the applicant's submitting to the Town Attorney an appropriate executed development contract and bond in the amount or $197,600 and a form of letter directed to the rederal Housing Authority to be signed by the Board of Supervisors and the filing or an appro- priate application covering these items. Ir. Jean P4yher appeared on behalr of his application for a building permit to construct a garage and for a variance retarding front yard setback under Ordinance No. 6. Upon motion made by supervisor Uselmann and seconded by Supervisor Rydrych, ft was P.E50L~ED that the building permit application be, and the same hereby are, approved and the permit ordered issued upon payment of the -2- appropria%e lees therefor, P7r. Murray 7,eddy appeared on behalY of his application for a trailer pez-mit under Ordinance No. 2 i:a place a house 'trailer on the "'om ?%iffley pro- perty near the intersection of Highway `S5 and ;;'~;9, P;r, Leddy did not present any unusual facts which would warrant granting a variance under Ordinance i~1o. 2 for the purpose of placing a house trailer on this p-_operty in contravention of Ordinance P?o. 2. Upon motion made by Chairman I?.ahn and seconded by supervisor ~'ydrych, it wa, rE50L~uD that the application '`or a trailer coach permit be, anal the same hereby is, denied for the reason that ~~here was no showing of any facts or emergency need ror the granting of a variance to place the trailer at this location on contravention of 'frailer Ordinance P?o. 2. the Board reiterated its policy to the applicant of eliminating individual trailers from variances under the ':'~_ailer Ordinance, r: r. 'n'om l~iffley appeared later in the meetin; to object to the denial by the Board o:F this permit and eras advised again of the policy o~ the `own Board regarding isolated trailers being permitted to locate at variance with the terms of the '['railer Ordinance P?o. 2, but stating further that the applicant would be permitted a rehearing if he so desired on his application at a later date. Chairman ?',ahn next convened i:he public hearing upon the application of Fortune '_'nterprises, Inc. ~or the rezoning and planned unit development approval of various parcels totaling 463 acres situated in erections 15, 21 and 23-27-2~, I~ir. Byron T?atschke and David P?elson o~ Design Planning associates appeared on behalf of the applicant. Interested residents, '.?ayne '.listrum and ,lames Horn, also appeared relative to the application. l~,fter considerable discussion concerning the need for more specific plans as to underlying coning upon motion made by Chairman P,ahn and seconded by vupervisor ;~:ydrych, it was ~.SOL'~ED :hat the public hearing on the application be, and hereby is, ordered -3- continued until the .:uly 1?th Board meeting. Chairman r.Uhn then convened the public hearin, on the application of Land 'Tanning d: ':nvinaexing Company for prelimina±-y ;-e-plat approval of "'escott Hills Second, Third and rourth ~'dditions situated mouth of Yanlcee Doodle ^oad and ''eat of Y1ike Collinv ~~`-rive. P'ir. Jerome Hagemeister and ".alph ?~ohlers appeared on behalf o~f the applicant. Upon motion made by "upervisor U.~elmann and seconded by Chairman Pahn, it was RESOL`JED that the application 'for pre- liminary xe-plat approval be, and the same hereby #.s, approved subject to the "own Engineer's approval, ':he ':'own At~orney reported 'chat ':'isher Construction Company and );liner '_. ~"cott have bo~_h now executed the gravel pit agreement and submitted on appro- priate bond. Upon motion made by Supervisor Ucelmann and seconded by Chairman Zahn, it wa ~ P.E^OL"1ED than the gravel pit agreement ~~ith 'Fisher Construction Company and Elmer L. ^cott be, and the same h~•reby is, duly approved and ~-ati- fied. '?he mown attorney then presented a form of amendmenr_ to :railei ~'as-k ~z~dinance i1o. 2. Upon motion made by Supervisor Uselmann and seconded by ;upervisor P.ydrych, it was Y'.1;SOLCIED that the amendment as presented be, and she same hereby is, duly approved and ordered published according to law. zhe '±own Attorney then submitted the IDS-Properties , Inc.-One l;undred `~welve, Inc. baseball field lease agreement with the down of ?agan and pointed out that if the `:'own intended to improve the prcperty the lease was not appro- priate. '.'he Board informally determined that there would be no substantial improvements to the property and, therefore, upon motion made by "upervisor Uselmann and seconded by Supe'r'visor ;'ydryeh, it was P.ESOL~IED that the lease agreement be~ween One Hundred 'lfaelve, ?nc. and 5'o~~n of Eagan be, and the same hereby is, approved and ordered executed. _G._ '''he .'oc~~n [~cto•ney then submitted a ;:orm of agreement betcaeen ~Iorihe::n ;Mates Potoer Company and Totm of Eagan for electric service for municipal water pupping. The Board directed the Town C1erlc and Tawn ~~.Cto~ney to determine if the rates stated in the proposed agreement were •?n line cJith other municipalities. Chairman 12ahn thereupon tabled the matter until the next meeting of the Board of supervisors to be held July 1"_th. The Town Engineer reported on proposed Public Improvement project ito. 9G covering land oamed by i;rnold Carlson and stated that the owner alone was affected by the improvement and had agreed to pay for the entire improvement project. Upon motion made by Supervisor U~elmann and seconded by Cuperrvisor ~:ydrych, aye Chairman I'.ahn, it was P.ESOLVED that Public Improvement Projec~: i1o. 9G be, and the same hereby is, duly approved and orrtered in and the Town ingineer teas instructed to prepare plans and specifications therefor. The Town attorney presented a form of corrected easement dead running from the Town to Sylvia Chapdelaine in connection faith the property being acquired by the Town fpr part: purposes. Upvn motion made by Supervisor U~elmann and seconded by Chairman P.ahn, it was i?~CSOLVEp that the corrected easement deea as presented be, and the same hereby is, approved and ordered e~:ecuted by the Tocan Officers. Upan motion made by Supervisor Uselmann and seconded by Chairman T'.ahn, it was P.ESOLVEII that the proposed vacation of IIeam Lane be set for Public Hearing on July 13, 1972, at o:00 P.Ni, at the Tocm Hall. 2•~r. tlynn Sabottca appeared on behalf of t finishing Equipment, Tnc. and Belmar Builders, Inc. fora building permit to construct a manufacturing plant, taarehouse and office building in Cedar Industrial Parlc. It was noted that the advisory Planning Committee recommended approval. Upon motion made by Chaiman ~;ahn and seconded by Supervisor ,iydrych, it wac I:BSOLVED that the building permit • ~ -5- application be, and the same hereby is, approved and ordex•ed issued upon payment of the appropriate fees therefor and subject to the approval of the Tom sngineer and the Building inspector. The mattes of the purchase of the CL~ Vote recorders for the To~•Jnship was discussed. Upon motion made by Chairman Cahn and seconded by Supervisor P.ydrych, it ~•ias P.BSOLVLD to purchase 40 voting machines and accompanying booths on a conditional sales contract and I~UPTHEP~ P.ESOLVBD that the Chairman and Town Cleric be, and they hereby are, duly authorised and directed to enter into an appropriate agreement for this purpose. The Tocan Attorney submitted a form of joint utility agreement bet~•aeen the Town of Eagan and ?nver Grove Heights. Upon motion. made by Supervisor Uselmann and seconded by supervisor ~.ydrych, it tras P~ESOL~LD that the joint utility agreement as presented by the Town Attorney be, and the same hereby is, approved and ordered executed by the appropriate to.~n officers. The To~•an Attorney discussed the necessary easement acquisitions in conjunction with Project I?o. 38 on the PicCarthy property at Deerwood Drive and Pilot :Cnob Road. Upon motion made by Supervisor Uselmann and seconded by upervisor ~lydrych, it was III;30LVED that the recommendation of the A,ses~ment Committee as to the T~icCarthy property be, and the same hereby is, duly approved and ordered paid by the Cleric upon receiving the appropriate easement from the owner and the approval of the Town Attorney. The Town C1erlc presented a list of bids from insurance agents covering all of the insurance needs of the Township. Upon motion made by Chairman P•.ahn and seconded by Supervisor Uselmann, it was RESOLVBD to refer the bids to the Town Auditors for revieca and recommendation. The Town Attorney reported that written proposals had been received from the business agent for Teamsters Local i?o. G6ts, the new bargaining agent -6- for the Utility Department employees, and also that the Union had requested a meeting with the Board to consider these prcposalc. ;ith the consent of the Board, Chairman Rahn directed the Town Attorney and Town Cleric to schedule a special meeting of the Board for July 26 at [x:30 ".M. at the Town Hall and to notify the Union of such arrangement. The Town Clerk reported receiving a petition from residents in the ~Iighview Acres area adjacent to the proposed C'Toole panic site listing certain requested protective measures conditioned upon their si;;ning the waiver of pri- vate property restrfictions as to a portion of the proposed park site. The 'To~~an Attorney reported that the restriction prevented a portion of the O'Toole proper scheduled for park acquisition to be subject to a restriction running with the property limiting its use to single family dwellings which would preclude its use for park purposes. The matter was discussed at length. Upon motion made by Supervisor Uselmann and seconded by Chairman 1~:ahn, it was P.ESOLVED that the petition be, and hereby is, re °erred to i~Ir. John Voss of Urban Planning ~ Design and the Park Committee for a joint recommendation zs to Che inclusion or exclu- lion of the portion of Mr. 0`Toole's property subject to the restriction in future park planning for this site; and FURTHI;P. P.ESOLVI;D to not plan nor make ark improvements scheduled for that portion of the O'Toole park site subject to the restriction. Upon further motion by Supervisor Uselmann and seconded by super- visor Rydrych, it was P.ESOLVI;D that the Town Attorney be, and he hereby is, authorized and directed to negotiate the purchase of the O'Toole park. site pro- perty without the portion thereof subject to the land use restriction at an appropriate proportionately reduced purchase price. Upon motion made by Supervisor Uselmann and seconded by Supervisor P.ydrych, it was RESOLVED that Chairman P.ahn be, and he hereby is, authorized and directed to request electric service from tdorthern ^tates Power Company at a fey -7- of $150 to service the ne~~~ ~ i•~e Hall in the ~;auenhorst Industrial Development fil:ea. The Town Engineer reported that the lo~~ uid for Public Improvement ?;-oject P1o. 90, Pilot Knob Heights street improvements, was received from i~ischer Sand and Aggregate Company in the amount of $07,397 according to the schedule of bids attached to these minute. Thy Town ngineer recouunended acceptance of this bid. Upon motion made by Supervisor Uselmann and seconded by Chairman I.ahn, aye supervisor I;ydrych, it was P.ESOLVEA that upon the recom- mendation of the To~~~n engineer the low bid in favor of Fischer Sand and Aggregate Company in the amount of $67,397 to cover street improvements for Public Improvement Project IVo. 90 in Pilot ::nob Heights be, and the same hereby is, duly approved and accepted and the improvements ordered in. Upon motion made by upervisor Uselmann and seconded by supervisor 1:ydrych, it was P.ESOLVED that the Town yngineer be, and he hereby is, authoYized and directed to prepare a letter regarding the fifth sewer service area (rorm- erly the B-E-B regional sever plant service area; on behalf of the Board of `supervisors with respect to sewer service and plane for the area by the Pietro Council, to be sent to the Pietro Council. Upon motion by Supervisor Uselmann, seconded by Chairman Cahn, the request for Terry Halvorson to sell Christmas trees during the season at the Texaco Station was approved. Upon motion of ~iupervisor Uselmann, seconded by Chairman I:ahn, it was P.ESflLVEA that the bid of Lew Bonn fora P.[=,. system for the Town Hall meeting room in the amount of $650.00 be accepted. Upon motion made and seconded, it cyan I:ESOLVEA that all bills as pre- sented be, and they hereby are, duly approved and ordered paid pur~uan. to warrants x'7926 through ;;'7995 and ~~1033 through ;;1090. - V "' Upon motion the meeting ~~as adjou;:ned. Daied: June 20, 197?_ _-- /~,~,~/,T~ -9-