04/04/1972 - City Council RegularPIINUTES OF P.EGUIu'.P, NIEETIAIG OF BOIP.D OF SUPERVISORS
EAGAN TO[~1NSHIP, DA:COTA COUPITY T~IIP'IdESOTG
April 4•, 1972
A regular meeting of the Board of Supervisors of the Town of Eagan,
Dalcota Cocnty, Minnesota, was held on April 4, 1972, at 7:30 P.M. at which all
members were present.
Clerk Alyce Bollce announced that the first order of business way to
elect the Chairman in view of the absence of iormar Chairman doEnq IClein and tr,~:
election of new Board Member [•Jilliam Rydrych. Upon motion made by Supervisor
Uselmann, seconded by Supervisor Rydrych, it was RESOLVED that Supervisor P.ahn
be, and he hereby is, duly elected as Chairman of the Board of Supervisors to
serve until the next Annual Pieeting and election or until his successor is duly
elected and qualified.
Chairman P.ahn thereupon presided and appointed Supervisor Uselmann
A
as Vice Chairman to preside over parks and utilities matters and appointed
~uoervisor Rydrych as Vice Chairman to preside over plattings and zonings,
police and fire, reserving unto Chairman F.ahn roads and bridges.
Upon motion made by Supervisor Uselmann and seconded by Chairman
ahn, it was RESOLVED that the minutes of the previous meeting of the Board of
Supervisors be, and they hereby are, duly approved and adopted unanimously as
presented.
Chief of Police Martin DesLauriers appeared on behalf of Police
Department business and recommended the purchase of an additional squad car.
Four bids were received.for a squad car. The lava bidder was [•Jestdale Ford in
the amount of $3,531.00 according to the bids attached to these minutes. Upon
motion by Supervisor Uselmann, seconded Chairman Ptahn, aye Supervisor Rydrych,
the purchase from 4Jestdale Ford was authorized.
The Chief of Police DesLauriers also submitted an application from
Jane's Sauna for a special use permit to continue operation. The Town Attorney
had no objection to the application, Upon motion made by Supervisor Uselmann,
seconded by Chairman P.ahn, it was RESOLVED that Jane's Sauna be, and hereby is;
approved ror the issuance of a special use permit in accordance with the appti~
cation and the agreement presently in effect.
Application was made for renewal of the special use permit for the
Nursery School at Mount Calvary Lutheran Church. Upon motion by Supervisor
Uselmann, seconded Chairman Rahn, ths' special use permit renewal was authorized,
There was no Fire Department business,
Mr. Bill Branch, Utflity Department Superintendent, appeared and
reported that there were some rusty water problems occurring in the To-,anship
and he cited the contractors for tampering with various valves at the Cime of
installation of their developments and recommended that the ordinance provide
for a $300.00 fine for tampering with the water valves in the future. No formal
action was taken. There was no Park Committee business.
Mr. Neil Black, Eagan representative on I,ASAC, the Sound Abatement
Council, appeared and made three recommendations with regard to future activity
of Eagan Township in this respect. Upon motion made by ^upervisor Uselmann
and seconded by Supervisor Rydrych, it was RESOLVED that the three suggestions
of Mr. Black be, and they hereby are, duly approved.
The following building permit applications were presented:
Frederick Christopherson temporary 8 x 10 sign for the Day Care Center on
Cedar ?venue. Application of Metbarr, Inc., for a 12 x 16 sign for Easy Street
Apartments on the corner of Silver Belle Road and Highway ~r13. Upon motion of
Supervisor Uselmann, seconded. Supervisor Rycrych, it was RESOLVED that the
temporary sign for the Day Care Center be approved to September 1, 1972, and
-2-
it was further RESOLVED that the application '`or the sign for Easy Street
Apartments be tabled to the April 18 meetinu.
The Town Engineer next presented a proposed future street pattern
for the area bounded by Highway ~r`13, Lone Oalc P.oad and Pilot P.nob P~oad. There
were a number of interested residents who appea~:ed and requested the Tocm
Engineer to prepare copies of the proposed street plan. Upon motion made by
Supervisor Uselmann, seconded by Chairman Rahn, it was RESOLVED to authorize
the Town Engineer F.osene to meet with the interested citizens regarding this
plan and to reconsider same at the June 6, 1972, meeting of the Board.
Chairman Rahn next convened the public hearing on the application of
Blue Cross to rezone part of the I~[-~~ of Section 17 and the ~,~~ of Section lb
near Blue Cross Road from A, t~gricultural, to C-2, Commercial, R-1 and R-6,
Residential. It was noted that the E:dvisory Plannin; Committee recommended
approval, Several residents appeared in opposition to the C-2 rezoning.
The matter was discussed. Upon motion made by Uupervisor Uselmann and seconded
by Chairman Rahn, it was RESOLVED thaC the public hearing be continued until
the E,pril 18 meeting of the Board. It was suggested that Blue Cross represen-
tatives meet with the Partc Committee on April 10 and that they consider the
possibility of R & D zoning instead of the requested C-2 zoning.
Chairman Rahn next convened the public hearing on the application of
Land Planning & Engineering Corporation to vacate three utility easements in
Section 14 consisting of ilescott Hills l~ddition South on Yankee Doodle P.oad.
Upon motion made by Supervisor Uselmann, seconded by Supervisor Rydrych, aye
Chairman Rahn, it was P.ESOLVED that the application be, and the same. hereby
is, duly approved and the necessary documents for vacation be executed by the
appropriate Town officers.
-3-
Chairman 1',ahn next convened the public hearing on Public Improvement
Project AIo. 65 consisting of proposed water and sewer improvements in erections
19 and 30 west of Cedar Avenue. The Town Engineer delivered his report. No
one appeared ici opposition to the recommendation. Upon motion made by
Chairman Rahn and seconded by Supervisor P,ydrych, aye Supervisor Uselmann,
it caas P.ESOLVED that the report on Public Improvement Project i`Io. 65 be, and
hereby is, duly approved and adopted and the project ordered in.
The application of Land Planning ~: Engineering Corporation for
building permit on Lot 1, Block 1, t~7escott Hills l~,ddition for a 16 unit condo-
minium and townhouse project was submitted in the form of tcao applications.
It was noted that the Advisory Planning Co:~mittee recommended approval. Upen
motion made by Supervisor Uselmann and seconded by Supervisor Rydrych, it was
P.ESOLVED that the applications be, and the same hereby are, duly approved
subject to the submission of final plans and specifications and approval of
the Town Engineer; also subject to the approval of the Town Engineer and the
Town ~:ttorney of the Home Owners Agreements to be submitted by the applicant
and further the $40.00 park contribution; and FUP.THEP. RESOLVED that the ordin-
ance T1o. 6 be amended to include condominium ocm ers and associations respon-
sib le to the Town for the parlc contribution and the adherence to the ordinances
and resolutions of this Board to the same extent as the owner-developer.
Mr. Allan Levin and Jim Dole appeared on behalf of the application
of the Alden Corporation for plan approval for a proposed R-6 multiple resiuen-
tial complex developmenC in the Nt•1'~ of the Nfl'~ of Section 14-27-23 at the
intersection of Yankee Doodle Poad and Lexinton E.venue South. It was noted
that the :advisory Planning Committee recommended approval. Upon motion made
by Supervisor Uselmann and seconded by Chaii~nan Cahn, it was RESOLVED that the
-4-
proposed plan of development be, and the same hereby is, duly approved subject
to the approval of the Town Engineer upon submission of preliminary plat and
final plans and specifications and a time schedule on the completion of con-
struction and further subject to the approval of the Park Committee regarding
recreational facilities,
Mr. Bill Stewart appeared on behalf of the application of P.adio
station LJPBC for a building permit for a 500 foot radio tower in Section 31-
27-23 south of Cliff P,oad. It was noted that the Advisory Planning Committee
recommended approval. Upon motion made by supervisor Uselmann and seconded by
Chairman Rahn, it was P.ESOLVED that the building permit application for a radio
tower be, and the same hereby is, duly approved subject to the approval of the
Federal Communications Commission and the Federal .viation agency and subject
to submission of plans and specifications for construction of the tower to the
To~+m Engineer and his approval thereof.
Mr. Jerry ICingrey appeared on behalf of the application of Cooperative
Power «ssociation for a building permit for the construction of overhead trans-
mission Lines on the east side of Pilot ICnob Poad from 6•Jilderness Pun P~oad
south to Cliff Road.
mended approval. Upo
Chairman Rahn, it ~,~as
duly approved subject
of the Town Engineer.
Mr. Kenneth
It c~~as noted that the ._dvisory Planning Committee recom-
n motion made by wupervisor Uselmann and seconded by
F~ESCLVED that the application be, and the same hereby is,
to the approval of County Engineer Gabiou and approval
~',ppelbaum appeared on behalf of his application to
approve a plan for the grant of easements along the east side of Donald Avenue
over the P.obert Karatz :~.ddition to correct a survey description along Donald
Avenue. The application was in the form of a letter request. The Board was
referred to the Advisory Planning Committee minutes in this regard. Upon motion
_g-
by Supervisor Uselmann, seconded by Chairman P,ahn, it was RESOLVED that the
request be, and hereby is, duly approved subject to the approval of the Town
~;ttorney in the form of a letter.
Chairman F.ahn next stated that there were four vacancies which
existed o~- the :advisory Planning Committee and called for nominations for
replacements.. He indicated that the vacancies occurred because of the expira-
tion of the terms of Don Christenson, Ted tlachter, Jon PRarble and Herb Polzino
The following members were nominated to fill the vacancies; namely, Joe
Harrison, Roger Sperling, Jerry Leimer, James Fischer and I~ierle Lundsten in
addition to the four members of the Planning: Committee whose terms expired..
Upon motion made by Supervisor Rydrych and seconded by Supervisor Uselmann,
it was P.ESOLVED that .each Supervisor would have four votes and the four
nominees with the most votes would be appointed ~o the Advisory Planning
Committee. The vote was taken and tallied and those nominees receiving the
most votes and thereby appointed to the Planning Committee were Polzin,
tlachter, Marble and Harrison.
Upon motion made by Supervisor P,ydrych and seconded by "upervisor
Uselmann, it was RESOLVED that Polzin, ?tlachter, Aiarble and Harrison be, and
they hereby are, duly appointed to the 1'.dvisory Planning Committee to serve
for a two year term or until their successors are. duly qualified and appointed.
Upon motion made by Supervisor Uselmann and seconded by Chairman
r,ahn, it was RESOLVED that Dr. R. L. Erickson be, and he hereby is, duly
reappointed the Town Health Gfficer for a period of one year.
The matter of the proposed acceptance fog parts property of a parcel
from D.C.R. Gorporation on I.ahn P,oad adjacent to the Cedar Grove Construction
Company's Outlots A, D and E was continued until the E`~pril 18 Board meetinU
-6-
as the Town F~ttorney reported there has been no further development on it because
the survey had not been completed,
The 'Town F~ttorney discussed with the Board the various option a;ree-
ments that had been prepared and executed for acquisition of park sites in
accordance with the park plan and requested authority to make surveys in those
particular situations where there was a portion of an individual's land being
acquired and leaving a balance which needed definition as to boundary line.
Upon motion made by Supervisor Uselmann and seconded by Chairman P.ahn, it s•~as
P>EOLVED that the Town s.ttorney be, and he hereby is, authorized to order
surveys for those part properties requiring same to determine boundary lines
for the park area and for the remaining lands of an owner.
Upon motion made by Supervisor Uselmann and seconded by Chai;anan
P~ahn, it was P.ESOLVSD that the application of P,oger Derrick and Earl ~Iarotzlce
to rezone ten acres in the Id!;?'~ of the SEA of Section 36-27-23 from .., Aricul-
rural, to R-1, Light Industrial, be set dorm for Public Hearing on the proposed
rezoning and preliminary plat approval for Tiay 2, 1972. fsnd upon motion by
supervisor Uselmann, seconded by Chairman•~•Ralin, aye Supervisor P.ydxych, it was
PESOLVED that the Preliminary P.eport for Project 7E submitted by the Town
~ngineer be accepted and FU%THEP~ RESOLVED to set do~•~n for public hearing on
T~1ay 2, 1972, at.8;04 P,rM. at the Town Hall Public Improvement project Ito. 73,
Carriage Hills Apartments, water and sewer improvements.
The application of Beure'-Co./Hillandale for four sign permits to be
located at the intersections of Blackhawk Road and Highway ; 13, County P.oad
7`30 and Blackhawk P.oad, Cedar Avenue and County P,oad ;~30 and along Cedar F.venue
near the Chicago-Northwestern P~ailroad track was submitted. Upon motion made
by Supervisor Uselmann and seconded by Supervisor %ydrych, it was Pd±SOLVED that
-7-
i
the sign permit application be, and hereby is, approved and the permits ordered
issued for the balance of 1972 to be renewed on January 1, 1973, sub3ect to
approval of the Building Inspector as to siEn location. Chairman Rahn
abstained.
The Town Engineer then requested that a public hearing on Timbershores
Third and Fourth Additions Public Improvement Project No. 95, water and set.er;
be set down for May 2, 1972. Upon motion by Supervisor Uselmann and seconded
by Chairman Rahn, aye Supervisor 1'.ydrych, it was P~E~OLVED that the public
hearing on Timbershores Third and Fourth .dditions be set far May 2, 1972,
at 8:00 P.M. at the Town Ball.
The Town Engineer presented the final plans and specifications for
Public Improvement Project T1o. 83, Part.l, Central trunk sewer west of Pilot
Knob Road and recommended the taping of bids on Y4ay 8. Upon motion made by
Chairman Rahn and seconded by supervisor Uselmann, aye Rydrych, it eras P~B~OLVED
that the plans and specifications be, and they hereby are, duly approved and
accepted as presented by the .Town Engineer and that the bids be taken thereon
on May 8, 1972, at the Town Hall at 8:00 P.M.
Upon motion made by supervisor Uselmann and seconded by Supervisor
P.ydrych, it was P.ESOLVED that the Town, upon the recommendation of the Toren
Attorney, cease .all further legal action contesting the pending incorporation
hearing before the Minnesota PIunicipal Commission; and rURTHER RESOLVED thaC
a copy of this Resolution be forwarded to the i•1inresota rlunicipal Commission.
Upon motion made by Supervisor Uselmann and seconded by Chairman F.ahr..,
it was P~ESOLVED that the Town !attorney be, and he hereby is, sutho~-ized and
directed to prepare a procedural sheet for conduct of applicants under the
Town ordinances with the aid of the Tgwn Engineer.
~u-
~uperviso~ Rydrych requested that a special meeting of the Board,
Planner John Voss, the Town Engineer, Chairmaw of the Park Committee and
Chairman of the Planning Committee meet on April 11 at 7:30 F.M. at the Town
Ha11 to discuss overall planning for Eagan Township. Chairman Poahn directed
that a special meeting be called and the persons invited to attend be notified
Upon motion made by Supervisor Uselmann and seconded by Chairman r~hn,
it was RESOLVED that the Toran Engineer be, and he hereby is, authorized and
~uY ~ ~ s~src ~~
directed to prepare plans and specifications for use in the Board meeting room.
The Board directed the Town ClerZ; to charge an additional $50.00 per
year for the sign on the Cedar Grove Treatment Plant property to be added to
the regular sign fee.
The Board articulated the new connection fees with regard to water
and sewer hookup as follows: If the improvement is completed prior to July 1,
the property owner will have until the encl of that calendar year to connect at
the old connection fee rate.. If the improvement is completed after July 1, then
the owner would have until the end of the following year to connect at the old
connection fee. Upon motion made by Supervisor Uselmann and seconded by
Supervisor P,ydrych, it was RESOLVED that this connection policy be, and here'~y
is, formally approved and adopted bq the Board.
The Town Cleric presented application for abateLnent of the park land
dedicated by the Falconshire Development in section 15-27-23. Upon motion made
and seconded, it was PESOLVED that the request be, and the same hereby is, grant-
ed and the appropriate town officers execute- the application and forwar~l,t,~- the
county.
The petition of Mr. Frisbee for lateral sewer to serve the Oak Chase
Development was presented. Upon motion made by Supervisor Uselmann and
seconded by Supervisor P.ydrych, aye Chairman P.ahn, it was P.ESOLVED that the
-9-
request be turned over to the Town Engineer to prepare a feasibility study
and report to the Board.
Upon motion made by Supervisor Uselmann and seconded by Supervisor
Rydrych, it was RESOLVEb that all bills as presented be, and they hereby are,.
duly approved and ordered paid and tdarrants #1052 through 1054 and ~,~7658
through 769a be issued in payment thereof.
Upon motion made by ^upervisor Uselmann and seconded by Supervisor
iydrych, it was P.ESOLVED that the Town Engineer be, and he hereby is, author-
ized and directed to write to the A4etro Sewer Board in reply to the letter
received from the ewer Board regarding the temporary closing of Cedar Avenue,
Upon motion made and seconded, the meeting was adjourned.
Dated: April 4, 1972 Q~'L,.,~ /~.~~.~:-~ ~ ~.~1.v1...J
T