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09/19/1972 - City Council RegularP~IINUTES OI' P.EGUZAR METING OP' BOAPD Or STJPERVISOP.S TOi•IN OF EAGAN, DAKOTA COUI11'Y, MINNESOTA September 19, 1972 A regular meeting of the Board of supervisors, Town of Eagan, Dattota County, P~linnesota, was held on "eptember 19, 1972, at the Town Hall at 6:30 P.ti.. ^~_ ~•~hich alI members ~•~ere present. Chairman :;ahn presided. Pir. James Ohara of Tlaegele Outdoor l:dvertising appeared relative to h'+ s sign permit application rahich had been denied on September S. Z•r. Shaer ~.~~aLed that the proposed location of the sign on Highway 7;13 North of County i;ocad a~30 met all of tihe criteria of the Sign Ordinance PIo. 16. He further Mated that he felt the sign raas aesthetically desirable because of its special design. Supervisor Uselmann stated that he had viewed the site and still felt that Highraay ~~13 was a very hazardous location especially at the requested site a_;; it was an approach to a hill and curve and he felt safety wa^, a definite ~~~ac'r_or. He also L-hought that the requested site would be taken by the state ,.yen tLie new Cedar Avenue is constructed. Upon motion by Supervisor Uselmann, ,,sanded by Chairman P.ahn, aye Supervisor P~ydrych, it was RESOLVED that because ~_~: +~i-e large number of signs currently on Highraay if13 and the rapidly develop- r_g nature of Highway ~fi`-13 that a general moratorium on installation of any new ~uc~erirising signs on Highway ;;13 be declared unless a sign replaces an e~~ist- i.:~ comparable sign or is on the property of the business advertised. John O'Toole from the Dalcota County Assessors Office appeared relative to certain abatements requested on property in Eagan Township and approved by :;i.e County Assessors Office. Upon motion of Chairman P.ahn, seconded by Super- r?sor Uselmann, it raas PESOLVED that the abatements as presented and attached .eto be approved. Upon motion of ^upervisor Uselmann, seconded by 5uperviso?^ P,ydrych, it was P.ESOLVED that the minutes of the September 5th meeting be approved with the following corrections: Page 2, Paragraph 1 - it taas .RESOLVED that Super- intendent Branch be, and he hereby is, authorized to get estimated purchase pricey on three new car radios; Page G, Paragraph 2 - stripe the last sentence ?ftPr Cedar Livenue South. Police Chief T1a;:tin DesLauriers appeared relative to Police i)eparta.er: business. He stated that I:atrasalci I_otors Copp. grill loan a snoj~Jmobile to the ;a~an Police~~epartment on condition that the sno~-rmobile be registered by the 'a an Police Departrent and a-lso that zagan carries the necessary insurance and a~sumey the necessary operating maintenance and repairs. Upon motion by Supervisor Uselmann, seconded by Supervisor Pydrych, it tags P.ESOLVED that the loan of the snowmobile from ::awasat:~ i:.otory Corp. be, and it hereby is, accepted with the above stipulations. Chief Des Lauriery further informed the Board that the appeals Committee of the Governor's Commission on Crime Prevention and Control ha;, recommended that the grant entitled Coordinated ;?acilities Study Program be funded with certain conditions. Fire Chief `?illiam Schultz appeared relative to fire Department busi.- ness and stated that the neer monitors had been received and will be in oiler-a- lion in about a caeelc. The new Fire Station T1o. 2 is progressing and ~ai11 be ready for occupancy about October 1. He further requested.authorizatiun to attend the Fire Chief`s Conference for two caith the expenditure of funds up to $100.00 for the tiro day convention. Upon motion of Supervisor Uselmann, seconded by Supervisor ydrych, it was RESOLVED that authorization of funds up to $100.00 be approved for attendance at the Lire Chief's Conference. Chief Schultz stated there was a need for 4-50 to 400 feet of 4" fire -2- fire hose for Use from truck to hydrant at the apprcximate cost of $1,700. Upv>>. motion of Superv~.sor Uselmann, seconded by w'upervisor Rydrych, it was RESOLVED chat authorization of funds in the amount of approximately $1,700 be approved for the purchase of 41° fire hose. Superintendent [-Jilliam Branch of the Public 4Jorks Department appears: a.nc: informed the Board that he had hired t~•~o part-time employees, Mr. Roger ~:~hnson and 3~ir. Ambrose Dolney. He stated that 01d Rahn Road is about a bloc. long and in need of blacktopping as it is very highly traveled. Upon motion of Chairman Rahn, seconded by Supervisor Uselmann, it was RESOLVED that the abova request be referred to the Town Engineer for study Mr. Branch further recom- mended that the hydrant on Beau de Rue be moved into the shopping center area. Upon motion of Supervisor Uselmann, seconded by Chairman Rahn, it was P.ESOLVED that the Engineer study this proposal and prepare a cost study and methods of financing the expenditure. Mr. Branch requested permission to purchase approximately 20 miles of snow fencing to replace old and brotcen fencing. Upon motion of Chairman Rahn, seconded by Supervisor Uselmann, it was RESOLVED that the above expenditure be at~proved. Mr. Gerber Hatteberg appeared relative to Park Department business. He noted that a chests in the amount of $250 hid been received from Bonestroo, P,osene, Anderlik and Assoc. for park expenditures. The Park Committee recom- mended that this amount be added to their donation received last year ~~o be used for equipment for Evergreen Park when dedicated. They also suggested tha following names for the park in the McCarthy Latce area: Patrick Eagan Park, Deerc•~ood Park or LJildwood Parts. The Board toots this matter under advisement. Mr. Hatteberg stated that the Parlc Committee was requesting eight new lights at approximately $600 for park sites. Upon motion of Supervisor -3- Uselmann, seconded by Chairman Rahn, it was iESOLVED that the above expenditur be approveda The Parlc Committee further requested that the Engineer prepare an up-to-date map of the Eagan park sites. This was referred to the Town Engineer. The meeting was then turned over to Vice Chairman Uselmann to chase j_he assessment hearings scheduled for 7:30 P.Ni. as follows: 1. Sanitary sewer, storm sewer and water improvements, Pubiic Improvement Project No. 73 consisting of the LeTendre Addition area, bir. 4arvin Green, attorney, appeared on behalf of i`ir. James Kennedy and other pos- sible clients objecting orally to the assessment •i.~cl.uding the fact that the property is allegedly not being benefited, that it is not being benefited in the amount intended to be assessed and that there is a double assessment of certain parcels. It was requested that the objections be submitted in writing. The Town Attorney and Town Tngineer reviewed the proposed assessments in detail.., It was noted that the proposed deferred assessment recommended by the Assessment Committee included 8% interest which would relate back to tf:e time of the oYiginal assessment but that the principal amount of the assessment would be determined at the present time. It was also noted traat the deferred assess- ~.uents would be marked on the assessment cards and that assessment searches would reflect the deferred assessments. Ceri:air_ property owners explained rtiat cleancip worlc on or near their property was not complete and requested the Town Engineer to review the matter. It was also noted that the deferred assessments would be levied at the time of development of the double frontage lots which would mean at the time of the acquisition of the building permit for an addi- tional residence. Upon motion by Supervisor Uselmann, seconded Chairman Rahn, it was RESOLVED that the recommendations of the Assessment Committee be, and k:hey hereby are, accepted and that the assessment roll be approved and ordered -4- certified to the County Auditor with the exception that the sewer and water stubs on one street adjacent to those lots with one single family residence at the present time be deferred. 2. Public Improvement .Project No. 66, street and storm sewer improve- ments on Elrene P~oad. There were no objections to the assessments. The cost. Gi: acquisition of the right of war in the area that was condemned was explai~~.:=: *,~*ith all owners being phid a similar amount with the cost being assessed back to the benefited property ocaners. Upon motion by Chairman Rahn, seconded Supervisor Uselmann, aye Supervisor Rydrych, the assessment roll was approve+ci and ordered certified with the County [auditor, 3. Public Improvement Project No. 77, unitary sewer, storm sewer and water improvements to the Pilot Knob Heights property. It was noted t:lere wee°e no objections. Upon motion by Supervisor I:ydrych, seconded Chairman Pahn, aye wupervisor Uselmann, the assessment roll was approved and ordered certif:i~~;I to the County Auditor. 4. Public Improvement Project Ydo. 60A and 75. A. Post Addition No. 1 and Dio. 2. T'ir. Joseph Kurhajetz indi- cated he had sent letters to the Town concerning alleged defects in co~Z- struction due to water drainage. Other property owners expressed their objections to the type of construction caork accomplished on the project. A letter from Nr. Carl Glewwe was read objecting to a portion of the assessment. Pir. Gene Bader of Post Addition objectel in writing grid orally to the assessment being levied until the work is done correctly. The Chairman requested that the Town Engineer meet with the people in the area and to attempt to have the contractor correct any defects in con- struction. B. Harvey Addition No. 2 Streets, E~fres Addition and ~elmark -5- Addition. Property owners in Harvey Addition cbjected to some of the coi~~ struction worlc in their area. This was referred to the Town Engineer for correction. Upon motion by Supervisor Uselmann, seconded Chairman Rahn, it was RESOLVED that the assessment rolls for the above-mentioned projects be, and they hereby are, approved. Supervisor- Pydrych voted P°no" as to Post Additions Y1o. 1 and 2. 5. Public Improvement Project Plo. 72 and Project 5~, Part J. There ;sere no objections,. Upon motion by Supervisor Rydrych, seconded by supervisor .;selmann, aye Chairman Rahn, it was P~ESOLVED that the assessment roll be ~~pp;•oved and ordered certified to the County Auditoro 6. Public Improvement Project No. 69. It was noted there were no objections. Upon motion by Supervisor Uselmann, seconded Chairman iahn, aye Supervisor P.ydrych, it was P.,ESOLVED the assessment roll be approved and ordered certified to the County Auditor. 7. Public Improvement Project No. 70A which consists of Projects 70, ~0 and 37 combined consisting of sanitary sec~~er, storm sewer and water imprUVe~ :ne~~ts in the Pour Oalcs P.oad and Surrey Heights Addition axeas. It was noted Fiat there were no objections, Pair. Dan Gr.stafson, a developer in the Surrey bi`ights area, requested that the utilities which c~~ere installed by the Township be maintained by the Town according to FHA requireM~rats. tTpon motion by Caa~.r- aian P.ahn, seconded by Supervisor Rydrych, aye supervisor Uselmann, it 4.=as RESOLVED that the assessment roll be accepted and certified to the Ccsunty ~.uditor. Upon further motion by Supervisor Uselmann, seconded Supervisor R~d-rych, aye Chairman Rahn, it was PESOLVED that maintenance of the public u~ilities installed by the Town in Surrey Heights Addition No. 1 be maintained u~~ the Toc~an. 8. Public Improvement Project PJo. 84, sanitary sewer, storm and -6- oaater improvements in the Cilver Bell Road area. Piro Tory R.oszak appeared oil behalf o:E CAdar Grove Construction Company questioning the water assessment ir. Cedar Grove Tdo. 11. There were no objection;; to the assessment. Upon motion by Supervisor Uselmann, seconded Supervisor rydrych, aye Chairman Rahn, it was P.ESOLVED that the assessment roll be, and it hereby is, approved and thst it be ordered certified to the County Auditor. 9. Public Improvement Project Tdo. 62, Part 1, consisting of st~~eet i,nnrovements i~z Eagandale Center Industrial Part: TTo. 4•. There were no objec- pions. Upon motion by Chairman Pahn, seconded supervisor Uselmann, aye Super- visor P.ydrych, it ~•~as P~SOLVED that the roll be accepted and approved and th- t thz roll be certified to the County Auditor. Building permit applications: 1. Myron Hanson. %equest to move a home from Inver Grove Heights to Dodd Road. Upon motion duly made and seconded, it was RLS4LVED that the application be approved subject to the grant of an additional 17 foot road right of way be the applicant an3 subject to minimum 100 foot setbacic from the cei:ter of the road and further subject to the Building Inspector`s review as to the nature of the house. 2. Don Hoiclas, 2070 Copper Lane. P.equest for building pez-mit for a double garage and living unti with a two foot va-r•?ance from the fror.~t 7.ot li~ie requirement and a variance from the 10 foot side lot building line to five feet. It was noted that the affected neighboring property ocaners had no obje~~ Lion. Upon motion by supervisor Uselmann, seconded Chairman I'.ahn, it was P~ESOLVED that the application be approved. 3. i4rs. Orrin I:nutson, 2014 Shale Lane. ?:equest that a building permit be granted for the Knutson rubbish hauling b~.~sir.ess. It wus noted there L~-:uld be no outside storage. Upon motion by Supervisor Uselmann, seconded -7- Supervisor Rydrych, it was IESOLVED the application be approved. ~. 12r. Allen, ~a790 i.obert Trail South - Highwa;r ~r30. I',equest for a tin storage building for antiques. Upon motion by Supervisor Uselmann, secor~:ie%. Chairman Cahn, it was RESOLVED that the application be approved. 5. Lakeside Estates. Y~Ir. Tom t•?site appeared requesting a building ;~~a~~nit for a buyer of Lo L- 9, Bloclc 1 in Lakeside %states. It was noted thaf~ '.he original developers of Lakeside Estates had failed to file a peri~-rnance L~niid and to enter into a development contract. The Board discussed the type of improvements to the streets and off site improvements for the plat. It ~,as riocad that the plat ic~cluded 50 acres with 4.5 lots still undevelopec~~ It ~-~.,; expl?ined to the developer that no future lot;, could be developed without the filing of a performance bond and e~cecution of a development contract. The Board recommended a gravel base road and boulevard trees and sod and street signs and urt:~er that there be storm drainage from two streets. U_~on rnc•t:I.rn Ley Supervisor Uselmann, seconded Chairman P.ahn, aye Supervisor F.ydrych, ii cras P.ESOLVED that the developer be permitted to develop 25 lots upon the exacutiu .ref a development contract and submission of a performance bond, that a buildi-i-= r~rmit be issued for Lot 9, Bloclc 1; tl-~at no further builda~ng permits be i:~s-~.-~ until the development contract and bond are filed, and further that gravel bas^:. boulevard trees and sod and street signs togetl~er ~tiTith drainage off t:~~,o str. Pt:. be ;required. 6. Nels Lindy. Building permit and Three foot variance foz• setba-::c from the property line on Lot 3, Bloclc 2, I~ollofsici's plat for a la` x 26` addition to his home for a display room and shop. It was noted that this pro- per~_y is zoned I-1, Industrial. There were no objections from neighboring property owners. Upon motion by Supervisor Uselmann, seconded by Chairman i,ah~T, it ~~~as RESOLVED that the application be approved. -13- 7. Virgil Schaal. i:~equest for building pa~~mit for a storage bt~.:~.lu i.ng 50' x 120' in the amount o~ $17,000 in an area under ccnditional use on Highway ~,E55. Upon motion by Supervisor Uselmann, seconded Chairman P,ahn, i7: ryas P.ESOLVED that the application be approved subject to the approval of the plane and specificaL-ions by the Town Engineer and Zuilding Inspector. 3. The application of Mr. Chell Craigie for an addition to the ~,=~•nhle Store in Cedarvale. It was noted that the 20' x 50' proposed ~aildiL.~ ,rnsld be of pcLa type construction with aluminum panels. The Bo~~rd reccmmer~h•~~. ~:l~at the applicant discuss the matter with the o~~aner of the building, D.C.P.: Gorar~ar..y, and have U. C'. Re submit an application togez.her with plans ccnfor*n::t; ~r_i'rti the Uniform BuiYding Code. 9. Orrest Spande request for perniii for renewal of a temporary s-±gn for Chateau Riviera. Upon mot3.on by supervisor Uselmann, seconded Supervisors P.ydrych, it was RESOLVED that the application be accepted and appro=aed for 3°~nP~~~al. for one year. 10. Upon motion duly made and seconded it was RI:SOT,VED that a s~_gn ;~sYmit for Country Club I-arlcet be, and it hereby i;,, anFroved. It was noted that no represent«tives of high Site Development or.. Pilot Knob Road appeared in response to the request of the Board regarding pro-- hosed donation of funds for park purposes to the mo*.an for the High ~..t_ devel.o~~ meat. T.he matter had been scheduled at two earlier meetings. After considers able discussion, upon motion by Supervisor Uselmann, seconded Superviscr ydrych, aye Chairman P,ahn, it was RESOLVED that the attorney be directed to contact the owners and to indicate that unless the park donation fund matter is settl.e3 within 30 days that interest will then be added from tha date of. tE~.c acquisition of the original building permits; further that unless the connec- tion charge interest is paid that interest will continue to run and ~•~~11 be -9- certified to the County Auditor and further that no occupancy permits will be ~Lanted for the last building until the park :=und donation is made. The Board then reviewed the Acsess-m_nt Committee minutes of September 1972, and September 1?_, 1972. Upon motion duly made by Supervisor Uselmar.F~~ seconded Supervisor I'.ydrych, aye Chairman itahn, it coal RESOLVED that t.ic u':;~.,~uf'•~r- ~1:: ~ as~d they hereby are, approved subject, hoc ever, to a revision in the .:e*~~-er~ber 12th minutes as to deferring the sewer and water stubs on ~.~::~ strf~: r as to those lots i.n LeTendre Addition that are partially developed, Upon. motion by Chairman P.ahn, seconded ;upervisor Rydrych, aye r,~~.i,:~rvisor Uselmarn, it c~~as IESOLVED that the Town Attorney be authorize:l t;, offer to the owners of i?ilderness I'.un r'ourth Addition on Cliff Road fur the earl: and well site the amount per acre that c-~as agreed upon between the To~~r. an:~. the original developer of T~lilderness I:un i~ourth Addition. The Board then reviewed the bids of Dakota County Electric Coop and Plorthern States Power Company concerning street lighting on appro:eimately ~0 ~!.~~jor intersections in the Toc•~n. Upon motion by Supervisor P.ydrych, secondee?. ~. Su,~ervisor Uselmcnn, aye Chairman P.ahn, it was P,ESOLVED that the Town entc:t i.-ao a contract with the respective electric utility companies fir the irst~~ ~ ;.:-. - ,.~~,n. of intersection lighting at DSO intersections as designated by the Police Cl.i.ef and Utility Department Supervisor. Ur.an motion by Supervisor Uselmann, seconded Chairman Rahn, aye Supervisor Rydrych, it was P.ESOLVED that the following contracts s:?~:ni.i~::ticl i:n the Board be approved and e:cecuted by the appropriate officials: 1. Corrigan Electric Company relating to park improvamsnts fo-r 19;2. 2. Austin P. Keller Company, Project TJo. u7, Part 2, fog- Surrey Heights Second Addition. 3. Project Plo. 86, sanitary sewer and eater in the Wilmus area Sau~'h -10- of County I'.oad ~Y30. Upon motion by :;upervisor P.ydrych, seconded Supervisor Uselmann, i*. c~,~s I'.ESOLVED that the final plat for Timbershores Second Addition be, and i.t Eizreby is, approved and ordered singed by the appropriate officials. Upon motion by Supervisor Uselmann, seconded Supervisor Rydrych, i ~.,as rF;SOLVED that the election judges for the village election for pctober 19, x.972, be, and they hereby are, approved according to the schedule a+~tached. Tfie To~~~n Attorney teas requested to review and amend the burning urdinance to comply c~ith the T:innesota Pollution Control Agency regulations relating to burning in open areas. she Town C1erlct~~as requested upon motion by Supervisor Uselmann, seconded Supervisor P.ydrych, to write to the Hilex Bivision concerning the proposed blowmolding process at 990 Apollo i.oad which appears to comply ~~~ith the I-1 zoning in the area. Upon motion by Supervisor P.ydrych, seconded Supervisor Uselmann, ie: ~,as P.ESOLVED that the 3, 2 beez~ license for the Pizza Hut in Cedarvale Shop, ~~~; Center be, and it hereby is, ordered issued. Upon motion by Supervisor Uselmann, seconded Chairman P.ahn, aye supervisor P,ydrych, it was P.ESOLVED that the low bid of Austin P. :Zeller Construction Company covering Public Improvement lroject Tdo. 36 consisting of tre ETilmus Property in the sum of $2S~},907.75 according to the list of bids and tabulations attached to the minutes be, and it hereby is, approved„ The Tocan Attorney submitted a proposed resolution concerning the transfer of Town funds according to the resolution, a copy of which is attached to these minutes. Upon motion by Supervisor Uselmann, seconded Chairman i':ahn, aye Supervisor Rydrych, it was RESOLVED that the resolution be, and it hereby `s; approved and ordered signed by the Chairman and Clerl;. -11- Upon motion the bi11~ as presented ~•rere ordered paid according io the following schedule: 7 3293-ir~333 and ~11~0-~lly.l. Upon motion made and seconded, the meeting adjourned. mated: September 19, 1972 L~~~~-/~-' -12- MINUTES OT' P.EGULAR MEETING OF BOAP.D OF SUPERVISOP.S TOtnV OF EAGAN, DAKOTA COUI•ITY, MINNESOTA September 19, 1972 A regular meeting of the Board of supervisors, Town of Eagan, Dakota County, Minnesota, eras held on September 19, 1;72, at the Town Hall at G:30 P.ii. et which all members mere present. Chairman ~:ahn presided. Pir. James Shaw of Idaegele Gutdoor 2:dvertising appeared relative to his sign permit application c•~hich had been denied on September 5. I•r. Shaw •.~ated that the proposed location of the sign on Highway `13 North of County load ar30 met all of the criteria of the Sign Ordinance IIo. 16. He further stated that he felt the sign cuss aesthetically desirable because of its special design. Supervisor Uselmann stated that he had viec~ed the site and still felt that Highway ~~13 was a very hazardous location especially at the requested site as it was an approach to a hill and curve and he felt safety was a definite ~~actor. He also thought that the requested site would be taken by the state .yen ttie new Cedar Avenue is constructed. Upon motion by Supervisor Uselmann, .,~~.:onded by Chairman Rahn, aye Supervisor Rydrych, it was RESOLVED that because ~r the large number of signs currently on I-Iighway rr13 and the rapidly develop- ing nature of 'rIighway x/-13 that a general moratorium on installation of any near ^.ci~~ertising signs on llighcaay '13 be declared unless a sign replaces an e<sist- i.~; comparable sign or is on the property of the business advertised. John O'Toole from the Dakota County F.ssessors Office appeared relative to certain abatements requested on property in Eagan Township and approved by ::'.e County Assessors Office. Upon motion of Chairman l:ahn, seconded by Super- ~~~-+.sor Uselmann, it c•~as P,ESOhVED that the abatements as presented and attached .~~to be approved. Upon motion of "upervisor Uselmann, seconded by Supervisor P.ydrycli, it was P.ESOLVED that the minutes of the September 5th meeting be approved with the following correction;;: Page 2, Paragraph 1 - it eras P.ESOLVED that Super- intendent Branch be, and he hereby is, authorized to get estimated purchase prices on three new car radios; Page ~, Paragraph 2 - strike the last sentence =?fier Cedar L~venue mouth. Police Chief T1a::tin DesLauriers appeared relative to Police Departa,er< business. He staL-ed that I:ar~asalci Rotors Copp. ~~~ill loan a snotrmobile to the ;'swan Police Lepartment on condition that the sno~raiobile be registered by the Ewan Police Department and also that Eagan carries the necessary insurance and assumes the necessary operating maintenance and repairs. Upon motion by Supervisor U~~elmann, seconded by Supervisor I:ydryc.i, it was RESOLVED that the loan of the snoGttnobile from I:awasalci I;.otors Corp. be, and it hereby is, accepted with the above stipulations. Chief Des Lauriers further informed the $oard that the F,ppeals committee of the Governor's Comwiission on Crime Prevention and Control has recommended that the grant entitled Coordinated ;~acilities Study Program be %unded with certain conditions. Fire Chief '?illiam Schultz appeared relative to Fire Department busi- ness and stated that the ne~•~ monitors had been received and will be in opera- Lion in about a week. The new Fire Station T1o. 2 is progressing and ~•~ill be ready for occupancy about October 1. He further requested authorization to attend the Fire Chief's Conference for tcoo with the expenditure of funds up to $100.00 for the two day convention. Upon motion of Supervisor Uselmann, seconded by Supervisor I;ydrych, it was RESOLVED that authorization of funds up to $100.00 be approved for atL-endance at the Fire Chief's Conference. Chief Schultz stated there was a need for 4.50 to 4.00 feet of 4~• fire -2- fire hose far use from truck to hydrant at the apprcaimate cost of $1,700. L'par motion of Supervisor Uselmann, seconded by Supervisor Rydrych, it was RESOLVED that authorization of funds in the amount of approximately $1,700 be approved for the purchase of 4°° fire hose. Superintendent [~7illiam Branch of the Public 4~orks Department appeared and informed the Board that he had hired twa part-time employees, Mr. Roger Jahnson and Nir. Ambrose Dolney. He stated that Old Rahn Road is about a bloc'.: long and in need of blacktopping as it is very highly traveled. Upon motion of Chairman Rahn, seconded by Supervisor Uselmann, it was RESOLVED that the above request be referred to the Town Engineer for study. Nr. Branch further recom- mended that the hydrant on Beau de Rue be moved into the shopping center area. Upon motion of Supervisor Uselmann, seconded by Chairman Rahn, it was PESOLVED that the Engineer study this proposal and prepare a cost study and methods of financing the expenditure. Ro~LS Mr. Branch requested permission to purchase approximately 20 m3r~s of snow fencing to replace old and broken fencing. Upon motion of Chairman Rahn, seconded by Supervisor Uselmann, it was RESOLVED that the above expenditure be approved. Mr. Gerber Hatteberg appeared relative to Park Department business. He noted that a checic in the amount of $250 had been received from Bonestroo, Rosene, Anderlik and Assoc. for park expenditures. The Park Committee recom- mended that this amount be added to their donation received last year to be used for equipment for Evergreen Park when dedicated. They also suggested the following names for the park in the McCarthy Lalce area: Patrick Eagan Park, Deerwood Park or Wildwood Park. The Board tools this matter under advisement. Mr. Hatteberg stated that the Parlc Committee was requesting eight new lights at approximately $b00 for park sites. Upon motion of Supervisor -3- Uselmann, seconded by Chairman Rahn, it was P.ESOLVED that the above expenditure be approved. The Park Committee further requested that ttYe Engineer prepare an up-to-date map of the Eagan park sites. This was referred to the Town Engineer. The meeting was then turned over to Vice Chairman Uselmann to chair the assessment hearings ~cheduled for 7:30 P.Ni. as follows: 1. Sanitary sewer, storm sewer and water improvements, Public Improvement Project No. 73 consisting of the LeTendre Addition area. Nir. :arvin Green, attorney, appeared on behalf of T'ir. James Kennedy and other pos- sible clients objectinC orally to the assessment i~~cl.uding the fact that the property is allegedly not being benefited, that it is not being benefited in the amount intended to be assessed and that there is a double assessment of certain parcels. It was requested that the objections be submitted in writins. The Town Attorney and Town Engineer reviewed the proposed assessments in detail. It was noted tH.at the proposed deferred assessment recommended by the Assessment Committee included a% interest which would relate back to the time of the original assessment but that the principal amount of the assessment would be determined at the present time. It was alvo noted tt-at the deferred assess- ments would be marked on the assessment cards and that assessment searches would reflect the deferred assessments. Certair_ property owners explained rt-at cleanup worlc on or near their property was not complete and requested the Town Engineer to review the matter. It was also noted that the deferred assessments would be levied at the time of development of the double frontage lots which i.~ould mean at the time of the acquisition of tk-,e building permit for an addi- tional residence. Upon motion by Supervisor Uselmann, seconded Chairman Rahn, it was RESOLVED that the recommendations of the Assessment Committee be, and ::hey hereby are, accepted and that the assessment roll be approved and ordered -4- certified to the County Auditor with the exception that the se~~er and c~iater stubs on one street adjacent to those lots with one single family residence at the present time be deemed. 2. Public Improvement Project P1o. 66, street and storm sewer improve- ments on Elrene P.oad. There were no objections to the assessments. The cost ~i acquisition of the right of way in the area that was condemned was explaine~~ ~:*ith all owners being paid a similar amount with the cost being assessed bac~c to the benefited property owners. Upon motion by Chairman Rahn, seconded Supervisor Uselmann, aye Supervisor Rydrych, the assessment roll was app;:ovcu and ordered certified with the County Auditor. ~. Public Improvement Project No. 77, unitary sewer, storm secaer and water improvements to the Pilot Knob Heights property. It was noted there we~~e no objections. Upon motion by Supervisor Icydrych, seconded Chairman Pahn, aye Supervisor Uselmann, the assessment roll was approved ~:nd ordered certified to the County Auditor. 4. Public Improvement Project Y•do. 60A and 75. A. Post Addition No. 1 and Tdo. 2. Tir. Joseph Kurhajetz indi- cated he had sent letters to the To<<~n concerning alleged defects in con- struction due to water drainage. Other property owners expressed their objections to the type of- construction work accomplished on the project. A letter from Nr. Carl Glewwe was read objecting to a portion of the assessment. T1r. Gene Bader of Post Addition objec~ed in writing and orally to the assessment being levied until the work is done correctly. The Chairman requested that the Town Engineer meet with the people in the area and to attempt to have the contractor correct any defects in con- struction. B. Harvey Addition No. 2 Streets, Efres Addition and Selmark -5- Addition. Property owners in Harvey Addition objected to some of the coi.- struction work in their area. This was rererred to the Town Engineer for correction. Upon motion by Supervisor Uselmann, seconded Chairman Rahn, it was RESOLVED that the assessment rolls for the above-mentioned projects be, and they hereby are, approved. Supervisor P,ydrych voted 1°no' as to Post Additions Tdo. 1 and 2. 5. Public Improvement Project T1o. 72 and Project 53, Part 3. There were no objections. Upon motion by Supervisor P.ydrych, seconded by Supervisor .~selmann, aye Chairman Rahn, it was RESOLVED that the assessment roll be approved and ordered certified to the County Auditor, 6. Public Improvement Project No. 69. It was noted there were no objections. Upon motion by Supervisor Uselmann, seconded Chairman ~:ahn, aye supervisor Rydrych, it wasP.ESOLVED the assessment roll be approved and ordered certified to the County Auditor. 7. Public Improvement Project No. 70A which consists of Projects 70, 80 and 37 combined consisting of sanitary sewer, storra sewer and water improve- ,ne~its in the Pour Oaks P.oad and Surrey Heights Addition areas. It was noted that t4:ere were no objections. T~ir. Dan Gustafson, a developer in the Surrey ~Ieights area, requested that the utilities which were installed by the Township be maintained by the Town according to FHA requirements. Upon motion by Cha~.r- :nan P.ahn, seconded by Supervisor Rydrych, aye supervisor Uselann, it was RESOLVED that the assessment roll be accepted and certified to the County Auditor. Upon further motion by Supervisor Uselmann, seconded Supervisor Rydrych, aye Chairman Rahn, it was PESOLVED that maintenance of the public utilities installed by the Town in Surrey Heights Addition No. 1 be maintained uy the Toem. 8. Public Improvement Project Tdo. BG~, sanitary sewer, storm and -6- V*ater improvements in the tiilver Bell Road area. Tyr. Tony Roszalc appeared on behalf of Cedar Grove ,Construction Company questioning the water assessment in Cedar Grove Vo. 11. There Caere no objections to the assessment. Upon motion by Supervisor Uselmann, seconded Supervisor rydrych, aye Chairman Rahn, it was F.ESOLVED that the assessment roll be, and it hereby is, approved and that it be ordered certified to the County Auditor. 9. Public Improvement Project IIo. 62, Part 1, consisting of street improvements in Eagandale Center Industrial Parl; IIo. 4•. There were no ebjec- pions. Upon motion by Chairman P.ahn, seconded supervisor Uselmann, aye Super- visor £.ydrych, it was P.E'SOLVED that the roll be accepted and approvee and tl~.at the roll be certified to the County Auditor. Building pe~cmit applications: 1. Myron Hanson. I;equest to move a home from rnver Grove IIeights to Dodd F;oad. Upon motion duly made and seconded, it was RESOLVED that the application be approved subject to the grant of an additional 17 foot road right of way be the applicant and subject to minimum 100 foot setback from the ce~;ter of the road and further subject to the Building Inspector's review as to the nature of the house. 2. Don Holclas, 2070 Copper Lane. P.equest for building pe1-mit for a double garage and living unti with a two foot variance from the front lot like requirement and a variance from the 10 foot side lot building line to fiv~~ feet. It was noted that the affected neighboring property oc•~ners had no objec- tion. Upon motion by supervisor Uselmann, seconded Chairman P.ahn, it was P.ESOLVED that the application be approved. 3. Mrs. Orrin I:nutson, 2014 Shale Lane. P.equest that a building permit be granted for the IZnutson rubbish hauling business. It was noted there ~~ould be ro outside storage. Upon motion by Supervisor Uselmann, seconded -7- Supervisor P.ydrych, it was RESOLVED the application be ai,=~roLed. ~-. i2r. Allen, X790 ;:.obert Trail South - Highway ;130. request for a tin storage building for antiques. Upon motion by Supervisor Uselmann, seconds:`. Chairman Rahn, it was RESOLVED that the application be approved. 5. Lakeside Estates. r~:r. Tom t~?aite appeared requesting a building permit for a buyer of Lot 9, Block 1 in Lakeside Estates. It was noted that ;:he original developers of Lakeside Estates had failed to file a performance bond and to enter into a development contract. The Board discussed the type ;,f improvements to the streets and off site improvements for the plat. It ~:as noted that the plat included 50 acres with [~5 lots still undeveloped. it ca :,; explained to the developer that no future lot.; could be developed without the filing of a performance bond and execution of a development contract. The Board recommended a gravel base road and boulevard trees and sod and street signs and further that there be storm drainage from two streets. Unon motion by Supervisor Uselmann, seconded Chairman P.ahn, aye Supervisor F.ydrych, it was PESOLVED that the developer be permitted to develop 25 lots upon the execution of a development contract and submission of a performance bond, that a building permit be issued for Lot 9, Bloclz l; that no further building permits be isszae~i until the development contract and bond are filed, and further that gravel bas^:. boulevard trees and. sod and street signs together with drainage off two sireet~:;. be required. 6, Nels Lindy. Building permit and Three foot variance for setba<;Iz from the property line on Lot 3, Bloclc 2, ;:ollofski's plat for a 1L' x 26' addition to his home for a display room and shop. it was noted that this pro- petty is zoned I-1, Industrial. There were no objections from neighboring property owners. Ugon motion by Supervisor Uselmann, seconded by Chairman i:ah:~.~ i% eras RESOLVED that the application be approved. -B- 7. Virgil Schaal. iaequest for building permit for a storage build-~ i.ng 50' x 120' in the amount of $17,000 in an area under conditional use on I3ighway ~,E55. Upon motion by Supervisor Uselmann, seconded Chairman r~ahn, it ryas P.ESOLVED that the application be approved subject to the approval of the plans and specifications by the Town Engineer and building Inspector. 3. The application of Mr. Chell Craigie for an addition to the :zmhle Store in Cedarvale. It was noted that the 20' x 50` proposed building r,osld be of pole type construction with aluminum panels. The Board reccmcrer~-yt~. ~.:hai the applicant discuss the matter with the orJner of the building, D.C.F., C:omnar_y, and have D. C`. R, submit an application together with plans conformr.~; ~:~ith the Uniform Building Code. 9. Orrest Spande request for pertuit for renewal of a temporary sig:~ for Chateau Riviera. Upon motion by Supervisor Uselmann, seconded Supervisor P.ydrych, it was RESOLVED that the application be accepted and approved r"or ~~ener~at for one year. 10. Upon motion duly made and seconded it was RESOLVED that a sign ~:~ermit for Country Cluj Iarket be, and it hereby i:,, approved. It was noted that no representatives o:i High mite Development on Pilot Knob Road appeared in response to the request of -the Board regarding pro- posed donation of funds for park purposes to the To*~n for the High Site d.~:vc~.o~• ment. The matter had been scheduled at two earlier meetings. After consid~arr- able discussion, upon motion by Supervisor Uselmann, seconded Superviscr F;ydrych, aye Chairman P~ahn, it was RESOLVED that the attorney be directed to contact the owners and to indicate that unless the park donation fund metier is settled within 30 days that interest will then be added from the date of the acquisition of the original building permits; further that unless the connec-- tio:Z charge interest is paid that interest ~~~ill continue to run and *.Y~il be -9- certified t~ the County Auditor and further that no occupancy permits will be. granted for the last building until the pa r1:iund donation is made. The Board then reviewed the A:.sessm=nt Coms:ittee minutes of September 5, 1972, and September 1?_, 1972. Upon motion duly made by Supervisor Uselmarr. seconded Supervisor I'~ydrych, aye Chairman itahn, it was RESOLVED that the m:i.L~t~*~~ b., and they hereby are, approved subject, hocaever, to a revision in the ;rl~i:ember 12th minutes a~ to deferring the ~e~•~er and water stubs on o~.a str~•~ as io those lots in LeTendre Addition that are partially developed. Upon motion by Chairman P.ahn, seconded supervisor Rydrych, aye Sulf~rvisor Uselmann, it c•~as PESOLVED that the Town Attorney be authorized to oi: ~ er to the owners of tlilderness I.un k'ourth Addition on Cliff Road for the parl: and well site the amount per acre that was agreed upon between the Tor•~n an~~i the original developer of I~lilderness I:un P~ourth Addition. The Board then reviewed the bids or i~alcota County Electric Coop and Tdorthern States Power Company concerning street lighting on appro:~imately 40 mzjor intersections in the Toa;n. Upon motion by Supervisor P.ydrych, seconded ~~y Su}~ervisor Uselmann, aye Chairman P.ahn, it was F.ESOLVED that the Town enter i.tao a contract with the respective electric utilis:y companies for the insta.:~.:-.- Lion of intersection lighting at 40 intersections as designated by the Police CF~ief and Utility Department Supervisor. Upon motion by Supervisor Uselmann, seconded Chairman Rahn, aye Supervisor Rydrych, it was PESOLVED that the following contracts sc?~mit~.:ecl to the Board be approved and executed by the appropriate officials: 1. Corrigan Electric Company relating to park impro~emsnts for 1972 2. Austin P. Keller Company, Project Tdo. v7, Part 2, for Surrey Heights Second Addition. 3. Project PIo. 86, sanitary sewer and c•~ater in the tliimus area South -10- of County road ~r30. Upon motion by Supervisor P.ydrych, seconded Supervisor Uselmann, it c~~as ESOLVED that the final plat for Timbershore~ aecond Addition be, and i.t hereby is, approved and ordered singed by the appropriate officials. Upon motion by Supervisor Uselmann, seconded Supervisor P.ydrych, it. e:~~s RESOLVED that the election judges for the village election for October :!~~, '-?72, be, and they hereby are, approved according to the schedule attached Tt~e Toc~rn Attorney was requested to reviec~ and amend the burr_ir_g ordinance to comply c~rith the I~iinnesota Pollution Control Agency regulat.ons relating to burning in open areas. The Tocm Clerlc eras requested upon motion by Supervisor Uselmann, :seconded Supervisor P.ydrych, to write to the Hilex Division concerning the pragosed bloc•~molding process at 990 Apollo ~.oad which appears to comply crith the I-1 zoning in the area. Upon mction by Supervisor P.ydrych, seconded Supervisor Uselmann, it ~~as P.ESOLVED that the 3.2 beer license for the Pizza Hut in Cedarvale Shopping :.inter be, and it hereby is, ordered issued. Upon motion by Supervisor Uselmann, seconded Chairman P.ahn, aye supervisor P.ydrych, it was P.ESOLVED-that the loc~~ bid of Austin. P. :Geller Construction Company covering Public Improvement Project No. 36 cor~sist~.ng or t[.e ~lilmus Property in the sum of $234,907.75 according to the list of bids a:~d tabulations attached to the minutes be, and it hereby is, approved, The Tot~n Attorney submitted a proposed resolution concerning the tranGfer of Town funds according to the resolution, a cogy of crhich is attached to tciese minutes. Upon motion by Supervisor Uselmann, second.~d Chairman itahn, aye Supervisor RydLych, it was RESOLVED that the resolution be, and it hereby '.s ,, approved and ordered signed by the Chairman and Clerk. -11- Upon motion the billy as presented i~rere ordered paid according to the follc~aing schedule: 7x3293-ir3333 and -1130-u~llt~i. Upon motion made and seconded, the meetinn adjourned. Dated: September 19, 1972 L~F.~cry ~-- ~~~~-~-- __„_ ~12-