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06/06/1972 - City Council RegularY~IIWTES OIL A '_',EGULA l~+F.ETIYdG OF THE BOE.iJ~ C? SUPERVISOPS TOE~?1V OY? LAGAI~, DAKOT`'~ COiT1dTY, Y~IYII~E50TA June 5, 197?. A regular meeting of the Board of Supervisors, ^town of Eagan, Dakota County, Minnesota, was held on June G, 197?., at 7:30 P.M. at which all raembers were present, except supervisor Rydrych. Upon motion of supervisor Uselmann, seconded by Chairman P,ahn, it was I:ENOLVED that the minutes of the previous me^ting were approved as mailed. Rir. Joe ~Jiktorek, President of the Eagan Jaycees, appeared relative to the July t~th celebration. It caill be held 1'ionday evening and all day Tuesday, July 3 and 4, in Cedar Pond Park. There will be a parade at 9:30 A.M., a speaking program and fireworks in the evening. Upon motion of Chairman Icahn, seconded by Superviso Uselmann, it was RESOLVED that Eagan Township sponsor: the event as in past years. A letter of commendation for the ~:agan Police, especially T~artin ?yea Lauriers and Pat Geagan, was received from the City of riinneapolis. The Board accepted the commendation and ordered i~ filed with their of`icial employment records. sire Chief liilliam Schultz and Assistant Jerry .,dam appeared recluest- ing budget items: Zaire fighting foam, $I10; fir^t half compensation, $1,550; four tires for rescur van, $^00; equipment for .'cation 2, $.~00; base radio and scanner for Station ?_, $800. Upon motion of Supervisor Uselmann, seconded by Chai-;-man P~ahn, it was RESOLVED that the above purchases in the amount of approx- imately $3,260 be approved. The sire Chief also requested a renewal of the understanding that the fire department could take the fire vehiclea to adjacent communities for parades and other events at the discretion of the ~~ire Chief. the Board indica:.ed their approval. Superintendent `:illiam Branch appeared on behalf of the Utility Bepartment business and requested that three sununer employees be hired at y2.50 per hour each, two for the Utility Department and one for the nark Department. Upon motion made by Supervisor Uselmann and seconded by Chairman Rahn, it c~~as 1?1:S'JLVLD that superintendent Branch be, and he hereby is, authorized and directed to hire an additional two men for wos-!~ in the Utility Department fo=_• the current summer and one individual for the Pa~-tr Department at the rate o' $2.50 per hour. Mrs. Barbara Schmidt and Jan Callenius appeared on behalf of the Parlc Committee and requested that a special joint meeting of the Pail; Board and the Town Board be held on i-~onday night at 7:30 P.I-i. Chairman Pahn scheduled the meeicin~ as requested. The folloi~ing building permit and sign permit applications were presented: 1. H. and Val P~othchild. Appearance by Douglas ICilgore for a tem- no;~a;y sign permit at the intersection of H~.gh~~~ay `13 and Yankee Doodle Poad. Upon motion made by Supervisor Uselmann and seconded by Chairman Rahn, it eras P,ESGLVED that the si~a permit application be, and the same hereby is, approved and the permit ordered issued subject to payment of appropriate fees therefo~ for a period of one year. ?.. Cedric IZirchner. 1~,ienty-two ac~.~es on State Aid Road ~`3 for a single family dwelling 34-' ., Z1II' including attached garage. ~timated cost `:50,000 to be Located in section 36-27-23. Upon motion made by Chairman I:ahn and seconded by Supervisor Uselmann, it was ^ES'JLVED that the building permit application be, and the same hereby is, approved and the permit ordered issued upon payment of the appropriate fees thereLor and subject to conforming with - 2- the Ualcota County ~hoYeline I:egulations. 3. P,einhold t~7eierlte. Application for a variance and a building per- mit to construct a single family residence 4.4~' .: 2C' on Plot A in Section ^6- 27-23. Upon motion made by Supervisor Ucelmann and seconded by Chairman rahn, it was RESOLVED that the permit application be, and the same hereby is, approved and the permit ordered issued upon payment of the appropriate fees therefor and upon the condition that an appropriate road ea~nment be obtained for 17 feet alon; Dodd Road in favor of Ewan Township and that a variance from the ;:ive acre provision;; of ordinance ?do. 6 be granted for the construction of said single family residence on 4-. 33 acres 4. Ballantrae Associates. ~.pplication for an apartment sign to be located near the intersection of Cedar Avenue ~TOrch of Highway A13 in the T~i~?'~ of Section 19-27-23. Upon noi:ion made by Supe:vi~or Uselmann and seconded by Chairman Rahn, it was P.ESCT_.T,~D that the sign permit application be, and the same hereby is, approved and ordered issued upon payment of the appropriate fees therefor, subject to the approval of the Chief of Police and Building Inspector as to traffic safety and placement. 5. Stanley Finl:elson. Request for variance fora building to be constructed on a one acre parcel. Upon motion made by Supervisor U~elmann and seconded by Chairman Rahn, ;t was RESOLVED that the application for variance to construct a single family residence on a one acre parcel in the SW's of the Hf?'~ of Section 10-27-?3 be, and the same hereby i^,, approved subject to the appli- cant granting to the Town of Eagan a 30 fooC road easement along the road adja- cent to said property, and the permit ordered issued upon payment of the appro- priate fees therefor. 6. Herbert Polzin. Application for variance to construct a single family residence in Section 2-27-23 on Blue Gentian P~oad on a 1.Oi1 acre parcel -3- and for a building permit therefor. Upon motion made by Supervisor Uselmann and seconded by Chairman Rhan, it was P.ESOLVEll that the building permit appli- cation and request for variance to construct a single family residence on 1.OS acres in Section 2-27-?.~ along Blue Gentian ^oad be, and the same hereby is, approved and the permit ordered issued upon payment of the appropriate fees therefor and subject to the approval of the plans and specifications to be sub- witted by the Town Lngineer together with submission of an appropriate applica- tion to the Board. Building superintendent Dale Peterson appeared relative to the num- Bering system requested by Gold Medallion for Surrey Heights. Police Chief riartin lies Lauriers objected to a variation from the normal system in use. Upon motion of Superintendent Uselmann, seconded by Chairman Rahn, it was RESOL~IED that the Cleric notify Gold Tedallion that they should confer with Building Inspector Dale Peterson to number the plat according to the Township numbering system presently in use. Chairman Rahn convened the Public Hearing on Public Improvement project No. 9D, sewer laterals to serve Oalc Chase Addition. Mr. James Frisbee appeared on behalf of the Oal; Chase Development Company. The Town T;ngineer reported that the total cost of the project was $57,000, and i~sr. Frisbee requested that the gravel base portion of the project (estimated to be $10,500) be deleted from the project becauae of the heavy traffic in the spring. Upon motion made by Supervisor Uselmann and seconded by Chairman i;ahn, it ~~aas F:ESOLVED that Public Improvement Project Tdo. 93 be, and the same hereby is, ordered in upon the recommendation of the Town gngineer except that the gravel base be temporarily omitted from the project as requested by Mr. Frisbee with the understanding that he would maintain the street in the spring. Chairman Rahn then convened the Assessment Hearing regarding change -4- order on Public Improvement Project A1o. 73, Lots S through 12, Bloc1.~ 1, Cedar Grove No. 10, sewer and water improvements. there was no objection to the pro- posed assessment. Upon motion made by Supervisor Uselmann and seconded by Chairman Rahn, it was RESOLVED that the proposed assessment covering Public Improvement Project Tdo. 7' be, and the same hereby is, duly adopted and the assessment ordered spread. Chairman P.ahn then convened the E~ssessment Hearing regarding unitary sewer, storm sewer and water improvements to ~slmark Addition, Public Imps ve- went Project Tdo. 5~, Part 5 to serve single gamily and apartment dwellings. 110 one appeared in objection to the proposed assessment. Upon motion made by Supervisor Uselmann and seconded by Chairman I'.ahn, iC was P.ESOLVED that the proposed assessment be, and the same hereby is, duly approved and ordered spread in accordance with the proposed assessment. Mr. T'.obert Berger, president of New Horizon Homes, Inc. appeared on behalf of the hearing on the application for preliminary plat approval of Timbershore First Addition. Upon motion made by Supervisor Uselmann and seconded by Chairman Cahn, it was RESOLVED that the preliminary plat be, and the same hereby is, preliminarily approved subject to the Town Engineer's approval. There was no opposition to the proposed plat and it was FURTHER P.EOLVED to approve the Final Plat of Timbershores First Addition subject to the Town Engineer's approval. Mr. Rene I:reutter appeared on behalf of the application of Capp Homes for a building permit to construct a warehouse building in the Cedar Grove Industrial Partc. It was noted that the Advisory Planning Committee recommended approval and also that the application was a resubmission of an earlier appli- cation. The cost of the proposed warehouse was estimated to be $380,000. Upon motion made by Supervisor Uselmann and seconded by Chairman Rahn, it~'was -S- RE30LVED that the application for building permit be, and the same he~~eby is, approved and ordered issued upon payment o:c the appropriate fees therefor and subject to the Town Engineer and Building Inspector's approval. Mr. Lewis Langer of Langer Const:.-uction Company appeared an behalf of the application of Gopher Smelting and I'efining Company for a buildin, per- mit to construct a warehouse and distribution center East of Gopher Smelting Plant on Highway No. t}9. It was noted that the Advisory Planning Committee recommended approval. Upon motion made by :supervisor Uselmann, seconded by Chairman Rahn, it was RESOLVED that the application for a building permit be, and the same hereby is, approved and ordered issued upon payment of the appro- priate fees therefor subject, however, to the approval of the Town Engineer and Building Inspector and subject further to the same stipulations as previously set forth by the Advisory Planning Committee. Upon motion by Supervisor Uselmann and seconded by Chairman P~ahn, it was RESOLVED that the Town Attorney be, and he hereby is, authorized and directed to write a letter to Gopher Smelting S~Iiefining Company advising this company there would be no more building permits issued until the property owned by the company is platted and a correct legal description provided the Town Cleric for the previous building which was constructed on the wrong lot. A group of residents from Zehnder'~ Acres appeared before the Board ~~ith regard to the proposed new road system in the area. It Baas noted that the residents had not been satisfied with the original proposal by the Board and the Board had therefore suggested to the residents that they present to the Board an alternate plan satisfactory to theuz. No such proposal was forthcoming from the residents. Upon motion made by Supervisor Uselmann and seconded by Chairman Rahn, it was P.ESOLVFD to table the matter indefinitely for the whole of 2ehnder's Acres surrounding area in Section ~ from Highway X13 East to -6- Highway %-31 and Lone Oalt i:oad north to Highview, and FURTHER RESOLVED that no building permtrs X111 be issued henceforth rJhich require private driveways until an appropriate ro~'d lslan is adopted by the-Board for the area. Lt was noted that there had been several small accidents in the Cedarvale Shoppin; area near Roberts Drug. Upon motion made by Supervisor Uselmann and seconded by Chairman P.3hn, it c~rac RESOLVED to refer to Police Chief Martin Des Laury.ers the matter of studying the traffic patterns in the Cedarvale Shopping Center and to report back to the Board. NIr. Kon Bac!ces appeared on behalf of the application of J. E. Parranto and iugene F. ^later fora building permit and plan approval for a commercial building to be located in the P1E~ of the P1E'~ of wection 29-27-23 near Highc~~ay k13 and Beau de Rue Drive. It was noted that the P.dvisory Planning Committee recommended approval. The building proposed eras 29' x 49' arcd the estimated cost $60,000. Upon motion made by Chairman Cahn and seconded by Supervisor Uselmann, it was P.ESCLVED that the building permit application be, and the same hereby is, approved subject to the approval of the Town Engineer of the plans and specifications and payment of the appropriate fees therefor, and further that the owner or prospective purchasers not be issued any additional building permits for the Slater property until the ociner provides the Board with an appropriate plan for screening this property from adjoining residential areas along Silver Bell Poad and Beau de Rue Drive. A4r. P.ichard ^try!cer appeared on behalf of DCR Company's application for a buildin; permit to construct a building addition to Cedarvale Shopping Center 50' x ~0` at an estimated cost of $50,000. Mr. Stryker indicated that the addition was for the purpose of housing a Baskin-P.obbins Ice. Cream Store, a Bakery and Abdallah Candy Store. Upon motion made by Supervisor U.'±elmann anC seconded by Chairman Kahn, it was P,ESOLVI;D that the building permit application _7.. be, and the same hereby is, approved and ordeied issued upon payment of the appropriate fees therefor subject to the approval o' the Town Engineer as to ~ina1 plans and specifications. The Town Attorney reported to the Board that Fisher Construction Company and Elmer Scott had not as yet executed the gravel pit agreement r approved at the previous meeting of the Board. Upon motion made by Supervisor Uselmann and seconded by Chairman P.ahn, it eras T'%SCLVED that the Town Attorney be, and he hereby i~, directed to contact I~r. Scott and Fisher Construction Company and advise them that unless they execute and return the agreement to the Town Clerk or 'ZOwn Attorney by next r-ionday, June 12, they would be deemed to be in violation of the ordinance and operating caithout a permit. Barbara ~'chmidt appeared on behalf of the Hart: Committee and presented proposed names for the new Eagan parks. Upon motion made by Supervisor Uselmann and seconded by Chairman 1~ahn, it ~~~a~ P~SCLVED that the Park Committee recommendations be, and they hereby are, duly approved and adopted relative to the naming of the partcs except as to numbers 2, ~, <<, 7, 9 and 15. 'rhe Park Committee representatives presented to the Board criteria for naming the Eagan parks. Upon motion by Chairman i.ahn and seconded by "upervisor Uselmann, it was ~:ESOLVED that the criteria as presented by the Park Committee be, and the same hereby is, duly adopted for the purpose of arriving at appropriate names for the parks in Eag~±n. Upon motion made by Supervisor Uselmann and seconded by Chairman P~ahn, it was RESOLVED that an Assessment Hearing on Public Improvement Projects A1os. 6[;. and 38, trunk water and sewer, be, and L-hey hereby are, scheduled for July 11, ?972, at 7:00 P.P~. ai: the Town Hall. Upon motion made by supervisor Uselmann and seconded by Chairman P.ahn, it was P~ESOLVED that the regular meeting of the Board of Supervisors -8- ordinarily scheduled for July 4th, the first '?'uesday of the month, be continued because of the holiday unL'il July 11, 197?, ai 7:30 P.M. at the Town Hall. Upon motion made by Supervisor Usel~aann and seconded by Ch~.irman Rahn, it c•Jas P,ESOLVED that the application of L~o;:~une enterprises, Inc. for rezoning and a planned unit development for several parr_els of property }•~est of Pilot Knob Road in the area of Deerwood Drive and County Road ~F30 be, and hereby is, set for Public Hearing on June 20, at v:00 P.Y~i. at the Town Hall. Upon motion made by Chairman P.ahn and seconded by Supervisor Uselmann, it was RESOLVED that the .application of Land Planning & Engineering Corporation for preliminary plat approval of ',~escott Hills Second, Third and Fourth t~dditiona being situaied South of Yankee Doodle F,oad and Hest of Nilce Collins Drive, be set for Public Hearing on June 20th at 8:00 P.M. The Town ~_ttorney presented to the Board a form of resolution regard- ing the Iietro Teletype T~<-minal User System which had been previously recom- mended to the Boarc? by Police Chief Iiartin Des Lauriers. Upon motion made by Supervisor Uselmann and seconded by Chairman Rahn, it was RESOLVED that the resolution with respect to the proposed Tietro Teletype Terminal User system be, and the same hereby is, duly adopted in the ol~m as presented and a copy there- of ordered spread upon the minutes of this meeting. The Town ,:ngineer submitted preliminary reports on Public Improvement Projects Nos. 94, 99 and 100. Upon motion made by Supervisor Uselmann and seconded by Chairman Rahn, it was PESOLVED that public hearings on Public Improvement Projects iJos. 94~, 99 and 100 be set for June 27 at 7:00 P.T4. at the Town Hall. It was further noted that the Public improvement Project i~io. 96 be placed on the agenda for the June 20th Board meeting and that no Public Hearing was required since the sole person interested was the owner, Arnold Carlson, who had agreed to assume the whole assessment. -9- The following sign permit applications were presented to she Board: 1. Murphy House :for a directional temporary sign. 2. Mount Calvary ~,utheran Church directional sign to be seC at the Skelly Oil Ctation near Cedar and Highti~ray "'13. 3. A food sign at the site of the Skelly ~~il Station at Highways $~9 and ~r`55. Upon motion made by Chairman Rahn and seconded by Supervisor Uselmann~ it was P.ESOLVED that the roregoing sign permit applications be, and they hereby are, approved and ordered issued upon payment of the appropriate fees the refor and subject to all applicable terms of the Sign Ordinance IVo. 16. The Town Cleric was also ordered by the Board to put new sign applicants and renewal sign applicants on notice of the contemplated revisions in the Sign Ordinance No. Ib. The Board also renuested that the Town Attorney in preparing the agenda for the Board meetings in the future, set public hearings ahead of the building permit applications. The Town Cleric presented a form of lease agreement and indemnification agreement received from IDS Properties, Inc. with respect to the baseball field on the Heine property along Pilot I:nob I:oad recently purchased by One Hundred- Twelve, Inc. "Chairman rahn referred the agreements to the Town Attorney for approval. Upan motion made by Chairman Rahn and seconded by Supervisor Uselmann, it caas P.ESOLVED that the Utility Department be, and it hereby is, duly author- ized and delegated .the job of weed inspections and eradication in the Town. The Town Cleric advised the Board that bids for insurance cove rape for the Town would be received on June 16, 197?., at 3;00 P.M. at the Town Hall and that notice thereof had been published. -10- The 'Town Cleric requested that she be authorized to hire a summer ~~ir1 to help with the Cleric's filinU system. Upon motion made by Supervisor Uselmana and seconded by Chairman P~ahn, it was RESOLVED that the Town Clerk be, and she hereby is, authorized to hire a summer girl to aid her with the Town ailing system at such salary as she deems appropriate. The Town C1erlc presented a form of agreement for municipal water pumping service with Northern States Power Company directed to the Tom of Eagan. Chairman Pahn referred the agreement to the Town Attorney for e~.amina- Lion and approval. Superintendent Bill Branch of the Utility Department requested that the Town consider the purchase of a "remote reader" system for use in the entire Cedar Grove area. The Tocrn i;ngineer was directed to report on the estimated cost of the system and the Totan Cler_It to report on the amount of ~emainin; surplus funds from the Cedar urove Utility Systems Bond Issue to purchase the Cedar Grove system still remainin;. Upon motion made by 'uperviso:; Uselmann and seconded by Chair-man Zahn, it c-aas P.ESOLVED L-hat the ~aremote reader~~ system for metering in the Cedar Grove area be, and hereby is, authorised for purchase and ordered installed by the•.Utility Department subject to funds being available. The Town Clerlt reported that P~ir. I~Teil B1aclc had resigned from the .etro Noise Abatement Council and that a vacancy existed. Upon motion m~:de by Chairman P.ahn and seconded by :;upex'visor Uselmann, it was P.ESOLVED that P~ogar Sperling, who had volunteered for the job, be, and he hereby is, duly appointed to fill the vacancy on the Metro noise Abatemenr Council left by the resignation of Ileil Blaclc, effective immediately; and rURTH1;P. RESOLVED that the Town Cleric writs an appropriate letter of appointment to iir. Sperling and a letter to I~ir. Blactc accepting his resignation. -11- Upon motion made and seconded, the b*lls were unanimously approved as presented and ordered raid c~J? th warrants s~7d59 to #7923 and ;'r=?073 to ;;`101. Upon motion made, the meeting was adjourned. DGted: June 6, 1972 C~=-~~{ ,~~-~--~-~ -12-