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02/01/1972 - City Council RegularMINUTES OF REGULAR MEE I'IDIG OF BOARD OF SUPERS/ISORS TOi•]N OF EAGAN, DAKOTA COUNTY, MINNESOTA February 1, 1972 A regular meeting of the Board of ~'upervisors, own of Eagan, Dakota County, Minnesota, was held on ;iebruary 1, 1972, at 7:30 P.M, at the 'Town Hall at which all members were present,. Chairman Klein presided, Upon motion made by Supervisor P.ahn and seconded by Supervisor Uselmann, it was RESOLVED that the minutes of the previous meeting of the Board of °upervisors be, and they hereby are, duly approved and adopted, Police Chief Martin DesLauriers appeared and requested authority to send two of his men for police school training. Upon motion made by Chairman Klein and seconded by Supervisor Uselmann, it was RESOLVED that George Kasai be authorized to enroll and attend a 210 hour course commencing on "t~ebruary 7, and John ,^,tevenson be authorized to be enrolled in a similar class commencing March 27. Chief DesLauriers also requested a joint meeting between the Board of Supervisors and the Police Department which Chairman Klein set at the '.'own Hall for 7:00 P,M. on _~ebruary 8, Chief DesLauriers also advised the Board that "radio alert''' had been turned down by the Governor's Crime Commission since there were insufficient funds for communication p+~poses. 'he gown Engineer presented bids which had been received relative to the proposed new fire hall according to the list attached to these minutes. Upon motion made by Supervisor Uselmann and seconded by Supervisor Rahn, aye Klein, it was P.ESOLVED that upon the recommendation of the "'own Engineer the low bid of Gladstone Improvement Company in the amount of $112,632.0 be, and the same hereby is, duly approved and accepted and the contract awarded to Gladstone Improvement Company for the amount of $112,632,00 which includes brick facing and pared driveway but no paved parking lot, ~!.he following building permit application was presented: Mr. Omer Hinricher appeared on behalf of his application for a special permit to use a semi trailer for storage at the Skelly Station at the intersection of Highway 49 and 55, Upon motion made by Chairma~t Klein and seconded by Supervisor Rahn, it was RESOLVED that the applica- tion be, and the same hereby is, denied. Mrs. Francis ~Tood appeared with her request for two variances to divide a lot and to allow a proposed home Frontage on a private driveway in '~_reffle Acres, Upon motion made by ~'upervisor Uselmann and seconded by Chairman Klein, it was RESOL~IED that the matter be continued for further study by the '.Gown Engineer and rescheduled for the rebruary 15 meeting of the Board. Building Inspector Dale Peterson appeared and requested approval for a $1,000,00 ramp for the Post Office to be constructed in conjunction with the Post Office facilities ar_ the intersection of Lone Oak Foad and Lexington Avenue South. Upon motion made by Chairman I:lein and seconded by Supervisor Uselmann, it was RESOL~IED that the request for a $1,000.00 ramp connecting with the Post Office facility ac the intersection of Lone Oaic P,aod and Lexington Avenue South be, and the same hereby is, duly approved. An application by New Horizon Homes for a directional sign for '~'imbershores at the Southwest corner of Yankee Doodle and Pilot Knob was presented. Upon motion by Supervisor Uselmann, seconded by Supervisor ^ahn, the application was approved for a one year period. Chairman Klein reconvened the continued public hearing regarding public improvement project No. 88, trunk sewer an.i water exter_sions in -2- Sections 14, 15, 21, ?.2, 23, 27 and 28, '"he ':own Clerk read certain letters received in favor of the projeci along with the Deerwood Drive homeowners petition. After discussion and upon motion made by Supervisor Uselmann and seconded by Supervisor P.ahn, aye Klein, it was RESOLVED that the public improvement project No. 88 be, and the same hereby is, duly approved and ordered in subject to the following modification: '''he project to eliminate the areas to be served as follows: ''he S i of Section 28, E'~ of Section 22; SE's of Section 15; S4~4 of Section 14 and the td's of Section 23. Conversely, the proposed improve- went project No. 88 shall include service to all of Section 21, the NZ of Section 28, all of Section 27 and the ?•??Z of Section 22. Mr. David Carroll appeared with respect to the continued consider- ation of the application of `•.?all Corporation for a mobile home park permit under Ordinance No, 2 for construction of a mobile home park near the Norr~hcaest corner of T?escott Road and Highway No. 49. It was noted that the application had been continued from the 3anuary 4 Board meeting, Chairman Klein thereupon removed himself from the Board and from considera- pion of the application on account of his personal interest in the outcome thereof, There was considerable discussion from the floor regarding the application and opposition to it by interested parties. Upon motion made by Supervisor Uselmann and seconded by Supervisor P,ahn, it was RESOLVED that s_h, mobile home park permit application be, and the same hereby is, denied on several grounds including the following: 1, For the same reascns that the application was recom- mended for denial by the Advisory Planning Committee and by virtue of the Advisory Planning Committee denial, 2, Insufficient consideration of the school district and -3- *_he larger community to which the proposed mobile home park would necessarily relate.. 3, he position of the proposed mobile home park next to a railroad, and the other proposals by the applicant did not constitute sufficient amenities for that kind of development in that area. 4, `'he proposed mobile home site plan would tend to box in the two existing homes in the area. 5. ~'he concept of interim housing projected by the appli- cant on industrial land is not a sound basis for the development of such a residential area in the community. Chairman Klein resumed his position on the Board at this point and convened the public hearing on the application of Arnold A. Carlson to rezone the proposed [~Itlderness Run :t~ourth Addition area lying East of Pilot Knob '_'oad from 9, !agricultural to R-6, Multiple Residential and R-4, 't'ownhouse Residential. It was noted that the Advisory Planning Committee recommended approval. Upon motion made by supervisor Uselmann and seconded by Supervisor F.ahn, it was RESOLTIED that the application for rezoning as presented be, and the same hereby is, duly approved subject to final agree- ment with the Park Committee as to dedication of park land or park contri- bution. '.here were no objections to the application, Mr, Charles Lowery, Dakota County Director of Parks and Recreation, apreared requesting the support of the Town Board for the proposed linkage of the Dakota County park to the Holland-3ensen lake area in Apple "'alley. Upon motion made by Chairman Klein and seconded by Supervisor Uselmann, it was I?ESOL~IED that the Board of Supervisors of the `j'own of Eagan unqualifiedly support the proposed linkage between the Dakota County park area and the ^outhern end of Lagan !'ownship with the Holland-Jensen ialce -4- area in I:pple alley. Mr, Dan Gustafson appeared on behalf of ^old Medalion,..Corpora~tio~l requesting building permits and final site plan and final plat approval of Surrey Heights ~~irst Addition, South of Yankee Doodle Road, It was noted that the Advisory Planning Committee recommended approval, Upon motion made by supervisor Uselmann and seconded by Supervisor Pahn, it was ^ESOL`~ED that the application of Gold Medalion Corporation for building permits, final site plan and final plat approval of Surrey Heights ~~irst Addition South of Y:~nkee Doodle Woad be, and the same hereby are, duly approved and the permits ordered issued upon payment of the appropriate fees therefor. There was no appearance on the application of Hepco for a building permit for a warehouse to be located on Lot 2, Block 1, Cedar Industrial Park, and therefore was stricken for lack of appearance, subject to rein- statement by the applicant, Mr. Arnold Carlson appeared with a request for preliminary plat approval of tlilderness P,un 'ihird Addition in Section 27-23, Upon motion of Chairman Klein, seconded by Supervisor Uselmann, it was RESOLU'ED that a Public Hearing be set for March 7 at 5:00 o'clock at the '?'own Hall, the attorney's opinion relative to wage increases for the `t'own employees was presented with no action taken. Upon motion made by Supervisor Uselmann and seconded by Superviscr ^ahn, it was rESOLTlED that the Assessment Commititee minutes of January 25, ±.972 L:', and the same hereby are, duly approved and adopted, 'he '?'own Attorney's opinion regarding the Town's powers under HUD 235 and 236 housing projects was discussed briefly by the 'g'own Attorney. ':Cho 'own At~orney next reported regarding his conversations with the coLnsel for the ldetropolitan Sewer Board relative to the requested -5- purchase and reimbursement by the Metro Sewer Loard to the '-'own of ^agan for the Cedar 'rove '.reatment Plant ~~orks. It was noted that Julian Smith was the I!etro Sewer Board representative for the Eagan area, Upon mot~on made by supervisor Uselmann and seconded by :Supervisor _^.ahn, it was ~2ESOL' LD that the _'otan Attorney and ''own Engineer be, and They hereby are, duly au~horized and directed to negotiate with the Pietro ^ewer Board for payment for the Cedar Grove Sewer 'reatment Plant Tlorks, and if such negotiations fail, the "own Attorney is hereby authorized to commence such legal attic;z necessary ~_o enforce ~-he ''own's petition on the law regarding the buyout by the Ife*_ro Sewer Board. Upon motion made by Chairman I:lein and seconded by Supervisor Uselmann, it was ItESOL~~ED that the ::own cooperate in the Civil Defense alert procedure whereby the Police Department would be contacted at 1:00 P,M, on the first Flednesday of each month henceforth. 'fie ".'own Clerk presented a letter request from the Dakota County Engineer that Lexington Avenue, per the County Engineer's letter, be designated a through highway with appropriate sign marks. Upon motion made by Supervisor Uselmann and seconded by Supervisor Palm, it was PESOL~JID ghat Lexington Avenue South, in accordance with the request of ttie Datcota Coun~~y Engineer, be henceforth designated a through highway and appropriate sins be placed to accommodate this designation. the 'own Engineer and Chairman Klein reported on the meeting they had t._~c •~cently with the Metropolitan Sewer Board regarding new rules of the Pollution Control Agency regarding Federal grants for pollution control. It was noted that there was a hearing scheduled i~r Friday, February 4, 1972, at wh?ch alI the local municipalities were requested to appear and pret~are sci-~- i c.~ txt for the hearings in this regard. Upon motion duly made by -6- Supervisor Uselmann and seconded by "uperviso: ".ahn, it was P,ESOLVED thPt the Board of Supervisors of the Town of Eagan, Dakota County, Minnesota, hereby does endorse the following resolution in connection with Federal grants for pollution control, to wit: 1, `What such iiederal funds be allocated between municipali- ties in the metropolitan area and the outstate area in approximately the same ratio which the sewered population in the metropolitan area bears to the sewered population of the outstate area. 2, i'hat once the funds have been granted under the prcgraaa th~y should be retained by the local govermental units when once allocated to avoid forfeiture of the funds in the future, 3. ':What the construction grant funds not used be the outstate areas and reallocated to the metropolitan area be considered as permanently reallocated and not subject to forfei~ure. 4, That priorities on the use of such funds commence first wi~~h construction grants, next allocated to interest and thirdly allocated to loans; and, rURTHER RESOLtlED that a copy of this resolution be, and the sar~ie hereby is, ordered to be submitted to the Metropolitan Sewer Board for hearings scheduled for Friday, February 4, 1972, at the State Office Buildir_g and a further copy be submitted ~o the City of Bloomington and the ~7illage of Burnsville. 'he Town Clerk submitted Bill Rydrych`s resignation, effective immediately, from the Advisory Planning Committee in view of his filing fur she office of Supervisor of the Town Board. Upon motion duly made and sn~~on~e3, it was P,ESOL?IED that the resignation of :William F.ydrych from the r•:•ti r;.5r~°; ri<:,nr_fng Committee be, and the same hereby is, duly sccepted -7- effective immediately and that consideration for a replacement be scheduled for the February 15 Board of Supervisors meeting, Upon motion duly made by Chairman i:lein and seconded by Sup2rvis~r ~'.~:hn, it was RESOL`,'ED that the Eagan Green Projeci by Inland Construction Company as a HUD 235 housing project be, and the same hereby is, duly riuthorized and approved, Upon motion made by Chairman Klein and seconded by Supervisor ~%: `: ;z, ~t was %ESOLVED that HUD and the metropolitan Council be, and they berab;r are, no~LiLied that the Board of Supervisors, '-'own of Eagan, Dakota Covn~~y, tinnesota, request HUD and the metropolitan Council to consider E11 ct:~er c~>m:r.-:nitir.s accepting HUD 235 housing projects prior to approving any further such projects for the Town of Eagan so that such developments will be spread evenly throughout the metropolitan area communities. The Town Clerk next presented a request for Deerwood Drive Road 'ImproveT,ents from Cedar Grove Construction Company, Upon motion made by Chair~~nr.n Iaein and seconded by Supervisor P.ahn, it was P.ESOLVED to refer the request to the Town Engineer for further study and report at the February 15 meeting of the Board. The Town Clerk presented a similar request for road improvements from K, M, Erickson to service Lots 9 and 10 in Zenders Acres, Upon motion made by Supervisor Pahn and seconded by Chairman Iaein, it was P.ESOL9ED that the request of P.. r1. Erickson be, and the sau.~ hereby is, referred to the Town Engineer for further study and rep~ri: b<.ck to the Board on T'ebruary 15. `i'he matter of the removal of the Eagan Town signs at entry points to the town by the rinnesota Highway Department was discussed by the Board, Chairman Klein, following this discussion, directed the 2'own Attorney to caa ct I~ir, tlilliam Merritt, District Engineer for the Minnesota Higra,~ay Departn^eat re ar~iir.g cooperation of the Highway Department with the Tow.i -S- of Eagan as being reciprocal and including such things as the request for con~inued posting of Eagan signs and to determine if, in fact, there was 3ng riinnesota Highway Department rule or regulation prohibiting the postin of such signs. she 'g'own Clerk next submitted a letter from Dennis Blomgren regarding claim damages•to the aluminum siding on his garage from the o.~peration of the adjacent hockey rink in P.ahn Park. Chairman Klein r«~fe•cred :he matter to the Town Attorney. Up~~n notion made by Supervisor Uselmann snd seconded by vupervisoa Eahn, 3.t was 1'.ESOL~IED that 47arrants ~i~7363 through 7419 and ~~1024 ti~rcu;~h 1J23 as p~•°+-rented be, and they hereby are, duly approved and ordered paid. Upon mo~ion the meeting adjourned.. .~ ,p , Dated: Febr+.aary 1, 1972 ~,C~2e~ -~C~ C"~2~'/ r -9-