05/02/1972 - City Council RegularMINUTES OF REGULAR MEETING OF BOARD Or SUPERVISORS
TOWN OF EAGAN, DAKOTA COUNTY, MINT~1v50TA
May 2, 1972
A regular meeting of the Board of Supervisors, Town of Eagan, Dal:ota
County, Minnesota, was held at the Town Hall on riay 2, 1972, at ':30 o'cloctc P,~'i
at which aTl members were .present.
Chairman Rahn presided. L'pon motion made by Supervisor Useimann and
seconded by Supervisor P.ydrych, it was RESOLVED that the minutes of the pre-
vious meeting of the Board held April 18, 1972, be, and they hereby are, approved
subject to the amendment of the first paragraph on Page 4 thereof to include the
following sentence at the end of the paragraph to read as follows:
'°The Board noted that any reconsideration of the application
should include consideration of a plapned unit development Vnder
Ordinance No. 6'° ; and,
FURTHER RESOLVED that the Board minutes of the April 24, 1972, special meeting
be corrected as follows: The last paragraph of the :minutes on Page 2 used the
word '°rail" which should read "trail."
Police Chief Martin DesLauriers appeared on behalf of Police Depart
meat business and discussed with the Board proposed speed limits do Yanks
Doodle Road. He recommended thaC Che posted speed on Yankee .Doodle Road
be 50 miles per hour day-and-night fzom Highway 49 west to`County P.oad ~~30, and'.
from County Road #31 to Highway 13 it should be 4p miles per hour day-and-night.
Chief DesLauriers requested a Resolution from the Board requesting the County
and State Highway Departments to run a new speed survey of this stretch of rood.
Upon motion made by Supervisor Uselmann and seconded by Supervisor Rydrych, it
was RESOLVED that the recommendation of Police Chief DesLauriers be, and it
hereby is, adopted with authorization for him to request the State and County
Highway Departments to conduct a new survey to make a redetermination of the
speed limits on Yankee boodle Road as recommended.
Chief DesLauriers also submitted a recuuanendation to purchase the
Sony portable Rover II (portable video tape machines) from International Communi-
cations Service, Inc. at a price of $1,799.50 for the Police Department. .Upon
motion made by Supervisor Uselmann and seconded by Chairman Rahn, it was
RESOLVED that the purchase of the recommended portable video tape machines be_
and they hereby are, approved and Chief DesLauriers authorized to make the pur-
chase.
There was no Fire Department business.
Superintendent t°]illiam Branch of the Utilities Department appeared
requesting that a seal-coating program on town roads be commenced for the year
1972. Upon motion made by Supervisor Uselmann and seconded by Chairman P.ahn,
it was RESOLVED that the Utility Department together with the Town Engineer be,
and they hereby are, directed to forthwith commence an appropriate seal-coating
program for town roads.
Mr. Larry Strohkirch appeared on behalf of the Park Committee request-
ing input for a snowmobile trail system meeting scheduled for L1ec?nesday night,
Maq 3, 1972, at the Town Hall and an additional meeting on trails on Wednesday,
May 10, at 7:30.
Mr. James Olson, Fiscal Consultant, appeared and discussed with the
Board the issuance of warrants for the purpose of financing equipment. purchases.
He presented a proposed equipment financing program in the amount of $62,000.00
indicating that this could be acc~pted as a negotiated bid or, in the alterna-
tive, a public sale bid. Upon motion made by Supervisor Uselmann and seconded
by Chairman Rahn, aye Rydrych, it was RESOLVED that the negotiated bid of bail
Kalman and Qusil in the amount of $62,000.00 for warrants to mature annually on
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June 1st commencing in the year 1974 and thereafter until retired in full be,
and it hereby is, approved and accepted and the warrants ordered issued therefor.
The application of Bruce Hirmer for a building permit and variance
under Ordinance No. 6 to construct a single family residence on the south 90
feet of the north 180 feet of the west 322.5 feet of the SE's of the SEA, Section
17-27-23 on Blackhawk Road was presented by the applicant. The request for a
variance was to permit applicant to build his home within two feet of the north
line of the property. The proposed house is 50' x 26' with attached garage
22' x 26'. Estimated cost $22,000.00. L'pon motion made by Chairman Rahn and
seconded by Supervisor Uselmann, it was RESOLVED that the building permit appli-
cation be, and the same hereby is, approved and ordered issued upon payment of
the appropriate fees therefor, and that the variance requested be granted
subject, however, to the approval by the adjoining property owner Reuben
Johnson for the variance, otherwise the variance would be deemed not granted,
such approvs~, to be received by the Board in writing from Mr. Johnson prior to
the issuance of the building permit.
The application of Reties Sample Shop, Inc. for a sign permit was
next submitted. Recce Medoff appeared on behalf of the application fora sign
8' x 4' to be located on Highway ~~13 northeast of Seneca. It was noted that
the property upon which the sign would be located is I-1, Light Industrial.
Upon motion made by Supervisor Uselmann and seconded by Chairman Rahn,
Supervisor Rydrych no, it was RESOLVED that the variance for the constzuction
of the sign be, and the same .hereby is, granted on a temporary basis until
January 15, 1973.
Mr. Ryce McKinnon representing the Eagan V.F.W. appeared and presented
a proclamation supporting the Buddy Poppy Day in honor of the United States
war dead. Upon motion made by Chairman Rahn and seconded by Supervisor
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F.ydrych,'it was RESOLVED that a copq of such proclamation be, and it hereby iss
approved and adopted-,and ordered spread upon the minutes of this meeting.
Chairman P,.ahtc next convened the public hearing on the application of
P.oger Derrick and Earl Marotzke for preliminary plat approval and xor rezoning
from A, Agricultural to I-1, Light Industrial, of a ten acre parcel in the TE)~
of the SEA of Section 36-27-23, east of Aighway ~3. Na one appeared in opposi-
tion to the application. Upon motion made by Supervisor Uselmann and seconded
by Chairman Rahn, it was RESOLVED that the plat as submitted be, and the same
hereby is, duly approved preliminarily and that the rezoning be granted subject
to those conditions recommended by the Advisory Planning Committee including
road location in the plat and cooperating with the neighbors with respect to
grading and development of the sfte, and further upon the condition that the
applicant enter into an appropriate development contract as submitted by the
Town Attorney and the execution thereof.
Chairman Rahn next convened the public hearing on Public Improvement•
Project No. 78 consisting of water main, sanitary sewer and storm sewer to
serve the Carriage Hills Apartment project with all costs proposed to be
assessed against t[ie benefitted property €or sewer and water and a portion of
the trunic sanitary sewer cost in the amount of 514,8Q0.00 to be assessed to the
outside adjoining areas., against berefitted property. No one appeared in opposi-
tion to the proposed impravemert project. The hearing was chaired by Supervisa~•
Uselmann. 1'he Town Engineer readered his report.. Upon motion made by Chairman
P~ahn and' seconded by Supervisor Uselmann, aye Rydrych, it was RESOLVED that
Public Improvement Project No. 78 be, cad the same hereby is, duly approved
and the Town Engineer's report accepted and the project ordered in, and further
that plans and specs be prepared,
Supervisor Uselmann then cdnvened the public hearing on Public
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Improvement Project D1o. 95 consisting of water, secret and sanitary sewer to
serve .the Timbershore Third and h'ourth Additions will all of the costs to be
assessed against the benefitted proper-ty. T?o one appeared in opposition to the
project. Upon motion made by Chairman P.ahn and seconded by Supervisor Uselman:~~
aye P,ydrych, it was P,ESOLVED that the Town Engineer's report be, and the same
hereby is, duly approved and accepted and upon his -recommendation the project
ordered in, and that plans and specs be prepared.
Mr. Jerry Hagemeister appeared an behalf of Pilot Knob Properties an~~.
requested a replatting of a part of Pilot Knob First Addition to rename that
portion "Timbershore.~~ The question arose as to c~~hether a public hearing was
required for such a `replatting.'` Upon motion made by Supervisor Uselmann and
seconded by Supervisor.P,ydrych, it was RESOLVI:,D that a public hearing on the
replatting be set for June 6, 1972, subject to the Town Attorney requiring such
a public hearing provided that if in the opinion of the Town A~Ctorney no public
hearing caas required, then the replatting be, and the same hereby is, duly
approved without any further hearing or action by the Bcard.
The application of Mr. and Mrs. Lloyd rlogstad fora day care center
and nursery school to be located on Lot 7, Blocl: 9, Cedar Grove Tdo, u, Blaclcha~•~k.
Circle, was presented. Pir. and Mrs. P'iogstad appeared on behalf of the applica-
tion for a special use permit and a variance from the zoning requirement. T~To
one appeared in opposition to the application. It was noted that the Advisory
Planning Committee had recommended approval. Upon motion made by Supervisor
Uselmann and seconded by Supervisor Rydrych, it was ~.ESOLVED that the applica-
tion be, and the same hereby is, approved subject to the atprcval in writing of
the developer, Cedar Grove Construction Co., and the applicants entering into
the same agreement as with their other day care cer_ter previously approved
covering safety factors., limited school parlcing, etc. Chairman P.ahn directed
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the Town Attorney to have such an agreement prepared for execution and final
approval of the application and issuance of the special use permit at the
I~~4y 16, 1972, Board meeting,
tr. Laurence Coss appeared on behalf of his application for a special
use permit to conduct a mobile home sales o~fice at 279~s~Highway r55. It was
noted that the Advisory Planning Committee recoc~.iended approval. A neighbor,
Telr. Kollofsl:i was neutral on the application but requested that if it caa;
granted, appropriate measures be required of the applicant to screen the sales
area from his property. tdr. PJels Lindy, another neighbor, appeared iri opposi-
tion to the application. Upon motion made by Supervisor Uselmann and seconded
by Chairman Rahn, it cans I'.ESOLVED that the application for special use permit
'oe, and it hereby is, a: proved and the permit ordered issued fora period of
one year subject to the condition that he maintains no more than a maximum of
10 trailers on the sales lot and that he maintains same in a neat and clean
condition and has the area appropriately screened so as not to be a nuisance
to the adjacent neighbors.
Iir. Tom Barrett appeared on behalf of the application of P~letbar;-
Investments fora permit to construct a 50 gallon per minute capacity irriga-
tion well on Lot 1, Block 1 and part of Lot 2, Block 1, Eagan t4etro Center.
There was no opposition to the application. Upon notion made by Supervisor:
U~elmann and seconded by Supervisor Rydrych, it caas RESOLVED that the applica-
tion for permit be, and the same hereby is, app;-oved subject to the approval
of the Town Engineer of the plans and specifications.
Pr. Charles tialberg appeared on behalf of the application of Valley
TTational Bank for remodeling and extending drive-in banking facilities aloi~
Valley View Road. The APC recommended the Board consider the caidening of Rahn
P.oad to help ease the congestion. Upon motion made by Supervisor Uselm2nn and
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seconded by Chairman P.ahn, ?'ydrych voting no, it c~as P,BSOLVED that- the appli ca-
tion be, and the same hereby is, approved and the building permit ordered issued
upon payment of appropriate fees therefor; and FU~.TEiEP. P.>SOLVED that Chie~°
Des:~auriers make a study of the traffic patterns and recommend road and safety
improvements to be made in the area to the Board.
T~ir. hoger Johnson appeared on behalr of his application for a change
in his plat for ~?ildernesc ?:un Second Addition, Lots 22 and 23, Bloclc 2, the
pu_pose of c~~hich is to add a 30 Eoot driveway and utility easement across the
end of Lot 22. Upon motion made by Supervisor Uselmann and seconded by
Supe_visor P.ydrych, it c~~a~ P.hSOLVED than the' application for plat change be,
and the same hereby is; duly approved,
D.~-. Phil`lip Doppler of Doppler Construction Company appeared infbrm-
ally requesting sec•~er and c~~ater service for a 51 acre single family development
in Inver Grove Heights. He indicated he proposed to construct 125 units and
that the service could perhaps be on a point basis with Inver Grove. The Board
in_ormally advised P3r. Popple•r that he arranUe a request from the Inver Grove
Council directed to the Cagan Town Board to supply this service on a joint basis
provided that it not be extended north to the cemetery. The Board also directed
the Town Engineer to contact Inver Grove about such an arrangement. T1o formal
action was taken.
Town Clerk Boll~e stated a proposed resolution approving the Tiinnesota
'aoological Society Cpen House for I~iay 21, 1977_, will be prepared. Upon motion
made by Supervisor Uselmann and seconded by ~uperviso-r Fydrych, it was P,LSOLT7EE3
that the resolution as presented be, and the same hereby is, approved scheduling
the open house fo-:: Tiay 21, 1972, and a copy of the resolution ordered spread
upon the minutes of this meeting.
The Town Attorney reviewed for the Board certain easements and
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payments for easements for utility lines. Upon rno'cion made by Supervisor
Uselmann and seconded by Chairman Rahn, it was I'a:SOLVED that the easements and
the. payment therefor be, and They hereby are, duly approved.
Upon motion made by Supervisor Uselmann and seconded by Chairman P,ahn,
it raas R1;SOLVED that the Torrn Clerlt be., and she hereby is, authorized and di r-
acted to submit a letter to Internal :avenue service regarding the ruling on
police salaries under the Federal ;Iage Council guidelines.
F;r. Dennis Fitzsimmons appeared on uehall of the application o~
T~?ort-hwestern Bell Telephone Company fora building permit to construct an addi-
tion to the telephone company building on Le<;in~ton t>venue and Lone Oalc ~ oad ac
an estimated cost of $135,000.00 for 6,000 additional square feet. Upon motion
made by Supervisor Uselmann and seconded by Supervisor P~ydrych, it was P,1;SOL~D
that the building permit application be, and the same hereby is, approved and
the permit ordered issued upon the payment o:° appropriate fees therefor;.
Upon motion made by Supervisor Uselmann and seconded by Chairman P,ahn,
aye P.ydrych, it was P.ESOLVED that a public hearin be, and it hereby is, set for
June 6, 1972, at v:40 P.Pi. ac the Town Hall to approve assessments for the
change order to Improvement i~1o. 73, sewer and crater improvements in Lots 5
through 12, Block ?, Cedar Grove P?o.. 10.
At the request of Supervisor Pyd~ych, the Board directed the Town
Attorney to determine if the new postal station scheduled for construction by
Rauenhorst Construction Corporation to be leased to the United Mates-Post
Office Department is subject to real estate tares.
Chairman ;ahn at the request of t.:he Tor~m %ngineer directed the Clerlt
to schedule the Town Bngineer's report on the balance of the proposed bonding
for public improvement projects ror 1972 for the Iiay 16 Board meeting.
The Tocm l;ngineer reported on the Talc Chase First Addition, a lateral
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sewer system at a cost of $57,000.00 all of which would be assessed against the
benefitted property, being Public Improvement Project Tdo. 93. Upon motion duly
made by Supervisor Uselmann and seconded by Chairman Rahn, aye P,ydrych, it was
r.ESOLVED that the Town Engineer's report be, and L-he game hereby is, approved
and accepted and th^t a public hearing be scheduled :`or June 6, 1972, at 5:00
P.li. at the Town Hall thereon.
The Town Engineer reported that the ;:lrene P.oad right-of-way over tl+.e
Braun property which the town has been attempting to purchase was ofrered to
be settled by the o~~~ners at a price of $5,000.00 Chairman ~:ahn referred the
matter to the Town 1`~ttorney nor report and recommendation.
Upon motion made by Supervisor Uselmann and seconded by Chairman P~ahn,
it was RESOLVED that the application of the Npruce P~iotel for renewal of its
3.2 off-sale beer license be, and the same hereby iw, approved.
Chaii~nan P.ahn stated that Andy Einderson, on behalf of Dakota County
Board of Commissioners, had scheduled a meeting for Flay 30th at 3;00 P.M. to
discuss the long range program for improvement- and construction of the Dakota
County highway system, the costs, financing and cost sharing.
The Town Engineer discussed the proposal submitted by Urban Planning
& Design for the preparation of a land use development guide. The Board tool,
the matter under advisement.
Upon motion made by Supervisor Uselmann and seconded by Chairman P.aizn;
it was RESOLVED that a building permit be granted to Economic Laboratories for
a 17' x <<0' chiller enclosure to enclose air conditioning egniptnent on their
building upon payment of the appropriate fees therefor.
The Town C1er1: reported that the Utility Department employees had
voted live to tc~~o in favor oz Local Teamsters Union Ilo. 664 becoming the
bargaining agent fos the employees. The Board informally directed the Toem
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~~ttorney to discuss the election and pre-e1ec~~ion procedures and contemplated
contract clit(1 Supe~~ntendent Branch and to ~'epobt back to the Board.
The Toc~n Engineer dscussed the default of the DeBoer Company in the
amount of $15,000.00 for road e:cpense planned ~o: the Falconshire Development
i?roject which was never begun. ldo foi'ma1 action c•Jas talten.
Town Cleric Bol!ce recommended a new policy with respect to apartment
development ctihich caould require that 30 days after the apartment is connected
to sec~~er and water the connection fees either be paid or be assessed at 8%
plus 1% administrative fee and further that the developer be required to sig:i
a c~aiver prior to being issued any building permit as to such procedures, Upon
motion made by Supervisor Uselmann and seconded by Chairman P.ahn, it was
121;SOLVI;D that the recommended procedure be, and the same hereby is, adopted
subject to the approval of the Toc~m Attorney, the Toem Attorney to report to
the Board at the Iiay 16th ~3oard meeting regarding the legality thereof.
The Board also requested the Town Attorney to revieca his files to
determine if the Toc~m still has a "developer's contract" that can be employed
in all future developments in the Town to ensure completion of the requisite
public improvements and the financial responsibility of the developers.,
Toc~~n Cler(t Bo11ce presented a letter form o~F petition from a number of
Skyline i:oad residents reduesting that Skyline~:oad remain cohere it is located
with the e.cception that a turn-around or cul-de-sac be put at the west end and
further that the Town prepare a feasibility study of the cost of upgrading
Skyline Road to township standards and for water and sewer to be installed.
Upon motion made by Supervisor Uselmann and seconded by Chairman ;:ahn, it was
RESOLVED that the petition be, and the same hereby is, accepted and ordere3
filed with the Cleric and the matter be referred to the Town Engineer for study
and recommendation.
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Upon motion made by Supervisor Uselmann and seconded by Supervisor
~.ydrych, it teas ~.ES~LE~Eb that all bills as presented be, and they hereby are,
approved and ordered paid ~- warrants 7.770 through 7E02 and warrants lObl throv;~
106.
Upon motion made and seconded, the meeting eras adjourned.
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Dated: i~;ay 2, 1972 .,~.~~~ E_~ ,/„ ~~_~'-~_.,._ ~_