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10/03/1972 - City Council RegularT~sIT3U2"E~ or I'.EGU?~1T; T~ETIPIG Or I'~~_r~ or ~uPET:vI~or.S Tn'?Td OI' LAGAN, DAT~OTA COUTITY, i~:iIPIA]E,~,OTA October 3, 197:' A regular meeting of the Board of supervisors, Town of Iragan, Da[co~~a County, T~iinnesota, was held on October 3, 1972, a~L 7:30 P.II. at the Toc1n Tiall at c~hich all members were present. Chairman ^ahn presided. Upon motion made by Supervisor Uselsaann ar,~? seconded by ^upervisor I'ydL-ych, it was r~SOLVL"D that the minutes of the pre- vious meeting be, and they hereby are, duly approved as presented subject to correction in Paragraph 3, Page 3 changing `'twenty miles` to 'twenty rolls." Chief of Police TiarL-in DesLauriers appeared and requested support ~~•rom the Board to try to negotiate caith DaTcota County nor a motor vehicle removal program to eliminate the storing o~ c~ireciced and unusable vehicles throughout the toc•~nship. Upon motion made by Cupervisor Uselmann ar~d seconded icy Chairman Ttahn, it was I'.I;SOLVED that Police Chief DesLauriers be, and he hereby is, authorized and directed to contact the Dakota County Board of ^.crrr-nissioners in an attempt to secure some sort of effective means pi dealing with the parking of wrecked and unusable automobiles throughout the county and ,<<riicularly Lagan. There ~s na mire Uepe~~:tt beeriness. D4r, James Olson, Town ;?fiscal Consultant, appeared on behalf of a p:-ovision for new bond issues predicated on the bids received on projects pre- viously approved by the Board totaling $1,115,000, sufficient to cover all included projects plus administrative costs and interest. The matter c~~as dia- cussed at length and the Board was advised by Tir. Olson that no proceeds f;:om assessments would be received during the year 1973 which required the eddi~xg to the total issue one year's additional interest. Upon motion made by Supervisor Uselmann and seconded by `?upervisor ?'.yd;-ych, it was T'.1;SOLVGD that the Cleric be, and she hereby is, duly authorized and directed to advertise for i:he sale of the proposed bonds covering Public Improvement Projects ATo. 65A, 30~,, 90, 92, 94, 9v^A, 100E, and &7 in the total amount of $1,115,000 for October 26, 1972, at 7:00 P.TI, at the '~ot•~n Iiall. Superintendent `iilliam Branch appeared on behalf of Utility Depart- went business and discussed the proposal o'` TTorthern States Power and Dalco~a County T;lectric Cooperative for street lighi:in~ in L'agan. TTo formal action t•Jas taken. superintendent Branch further requested the authority to purchase three radios at $74G. from R.C.A. Upon motion made by Supervisor Uselmann and seconded by Chairman ~ahn, it was F.ESOLVED that Uuperintendent Branch be, and lLe hereby is, authorized and directed to purchase three radios of 25 t~~att power from R,C.A. for a total purchase price of $7t:4. and to cancel the pending order cahich had not been fulfilled for 15 watt radios. I~r. Gerber Hatteberg appeared on behalf of the Paric Committee busi- ness and requested appropriation approval of $1,7v5 to upc'ate the current paYl; ~~_anning map and the printing of 100 additional copies thereof. Upon motion made by Supervisor Uselmann and seconded by Cupervisor P.ydrych, it was I'~SOLVEli that the Parlc Committee be, and hereby is, authorized to expend up to $1,735 to update the park planning map and to produce 100 additional copies thereofv The proposed park ordinance as presented by the Town Attorney t•~as discussed with the suggestions of the Paric Committee for changes in the orig- inal draft. The Town Attorney was directed to redraft the ordinance in line t~~ith the discussion had by the Board regarding the proposals of the Paric Cozru*~i t tee . The Paric Committee representative Gerber Hatteberg, proposed that ar_ ordinance be prepared -for bikes, snowmobiles, etc. Upon motion made by - 2- Supervisor Uselmann and seconded by Chairman P.ahn, it was RESOLVED that the matter be referred to the To~~~n Attorney for further study and preparation of a draft of such an ordinance. Gerber Hatteberg also requested payment of the sum of $791 to arren Excavating, Inc. for excavating the hockey rinl; at Pilot Lnob School. Upon motion by Supervisor Uselmann, seconded by supervisor P.ydrych, it way ~.E~OLVED that payment of the above bill be authorized. Chairman Cahn then convened the public hearing on the application c~~: Dakota County Electric Association to rezone from i-~, Agricultural, to P, Pubo~ Facilities, a one acre parcel near the Northwest corner of the intersection of Yanlcee Doodle woad and Lexington Avenue :youth and fora special use and building permits to construct an electric utilities sub-station thereon. T.~r. I;de~ard Brunlchorst of the Dalota County Electric Association appeared on behalf of the application. There was no opposition to the application. Upon motion made by Chairman P.~.hn and seconded by Supervisor Uselmann, Supervisor P,ydrych abstaining, it was RESOLVED that the rezoning of the one acre parcel near the ~Tnrthraest corner of the intersection of Yanlcee Doodle Road and Lexington t:venue South be, and the same hereby is, rezoned from A, Agricultural, to P, P~eblic Facilities; and FUP.THEP. RESOLVED that a special use and building pe~m-:ir.:• to construct an electric utility sub-station thereon be, and the same herei,y a~:e, ordered issued upon payment of the appropriate fees therefor. The following building permit applications were then submitted to the Board: 1. Lawrence Groven - Inquired as to the feasibility of a single or dosble family house building permit to construct one or the other on Silrer Bell load near Cedar Avenue. TJo formal application was presented and r.~ forma"=. ac:.~ion was taken thereon. -3- 2. t%lr. Jacl; Detriecl; appeared on behalf of an application for an addition to the PicRee warehouse. No plans were presented. It was noted that the warehouse was l;nocan as the Highway Building. Upon motion made by Cha irm:~n P.ahn and seconded by Supervisor Rydrych, it c~IGJ P,E30LVED that a foundation pernut be, and it hereby is, ordered issued at this time but that no building permit be issued for such addition until formal plans and specifications have been pregared and presented and approved by i:he Toc~m Engineer and Tiuildin~ Inspector. The addition to be located on pare of Lots 7 and 0, F,obert O'ideil Homestead. Estimated size 34,000 sq. ft. and estimated cost Y14S,000. 3. riacey Signs, inc. applied for a sign permit for l~,merican i'ruit and Produce Company to be situated on the roof of their building. Upon motior~ made by Chairman P.ahn and seconded by Supervisor Rydrych, it was I'.ESOLVED that the sign permit application be, and the same hereby is, approved and ordered issued upon payment of the appropriate fees therefo.r~ /~. The application of Virgil Schaaf for a 3' x 4' sign and a radio tower 50 feet high to be situated on the East x:•00 feet of Lot 3 of Auditor subdivision No. 3~ was presented. Upon motion made by Supervisor Uselmann and seconded by Chairman Rahn, it was P~ESOLVED that the application for a sign and building permit for a radio tower 50 feet high on the East 400 feet of Lot 3 of Auditor Subdivision Igo. 33 be, and the same hereby is, approved and ordered issued upon the pa}anent of the appropriate permit fees therefor. Mr. Arnold Carlson appeared requesting a corr~ct-!on of an error in tl~e legal description of his plat of Evergreen Parl; Addition. Upon motion made by Supervisor Uselmann and seconded by Supervisor I',ydrych, it c•1as P.ESOLVFD that the error in the legal description of the plat for Evergreen Pa r1; Addition as ssbmitted by applicant Arnold Carlson, be, and the same hereby is, ordered corrected and certified to the Countq Register of Deeds. -4- There was no appearance by a repres~t~~ative of Northern States Poeaer Company concerning installation of power poles East of Pilot Rnob Toad and t?ilderness P.un Addition. Therefore, Chairman I'.ahn ordered the matter continued until the October I7, 1972, regular Board meeting. T-ir. James Cooperman, architect, and Clif~ord Fraser of Enterprises Properties, Inc. appeared on behalf of its application for a building pei'~nit to construct an industrial building on a five acre parcel on part of ~ot~ 7 and C, Eagandale Center Industrial Park TTo. 2. The Board discussed the matter at length and refused to either deny the application nor to grant it until further studies have been made and a special meeting held between the applicant and the Board, such meeting to be set at a t-uture time by the Town Cleric. The application of Colonial Self storage of Minnesota for a building permit to construct an industrial building on Lot 2, Block 2, Cedar Industrial Parl; and for a variance to include an apartment in the building was striclcen for lasts of appearance. Mrs. Freada Golden and Ruth Marell appeared on behalf of their app~.i- car.ion for a special use permit to operate a day care center at 1959 Silver Bell Road in Eagan Metro Center. It was noted that the Advisory Planning Com- mtttee recommended approval. The applicants indicated to the Board that this was a pre-school day care center and subject to the approval of the State of Minnesota ~lelfare Department. Upon motion made by Supervisor Uselmann and seconded by Supervisor Rydrych, it was RESOLVED that tl~e application be, and the same hereby is, duly approved and a special use permit ordered issued upc:- the approval by the State of Minnesota i]elfare Department and the State Fire Marshal and other necessary approval, Mr. Ralph Rutledge of Rutledge Construction Company appeared on behalf of its application for a building permit to construct an addition for Concord •5- Industries at 1243 Eagan Road, 40' x 100', at an estimated cost of $20,000. It was noted that the Advisory Planning Committee recommended approval. Upon motion made by Supervisor Uselmann and seconded by Chairman Rahn, it was PESOLVED that the building permit application be, and the same hereby is, granted and ordered issued subject to payment of the appropriate fees therefor and further subject to the approval of the plans and specifications by the Town Engineer and the Building Inspector. Mr. Ken Olson and Larry Wenzel appeared in response to the request of the Board for a park contribution and payment of interest on assessments at the High Site Apartment complex. The development and cleanup of the ponding area near the apartment complex was discussed. No formal action was taken, Upon motion made by Supervisor Uselmann and seconded by Chairman Pahri~ it was RESOLVED that a public hearing be set for October 17, 1972, at 8:00 P.I•';n at the Town Hall to consider the application of Carl Lindstrand for preliminary plat approval for an eight acre parcel on the Kest side of Dodd Road. The application of the AnCler Corporation for preliminary plat ap- proval, plan approval and variance covering Lots I,1 and 12, Block 1, Robert Karatz Addition was presented by representatives on its behalf. It was noted that the Agenda called for setting a public hearing date but the representati~~e~ advised the Board that all they were requesting at this time was a variance over Lot 11, zoned R-1, Residential, to construct a street to the balance of their property consisting of 29 acres total on which the applicants intend to build 120 townhouse units. Upon motion made by Supervisor Uselmann and seconc?e~i by Chairman-Rahn, it was RESOLVED that a variance be granted to applicants in order to permit the construction of an access street over and through Lot lI, Block 1, Robert Karatz Addition to serve the remaining area zoned R-6, Multiple; subject to the final approval of an overall development plan fnr the 29 acre -6- parcel for the construction of townhouse., and FUItTi~l;l~ RESQS~VED that the pre- liminary plan as presented be, and the same hereby is, fitly approved. The Board briefly considered the proposed acquisition of the DCR park property on P~ahn Road in the light of the request of DCR to be relieved of the taxes and assessments since 1970 per letter received from David L. Grannis, Jr., attorney for DCR Corporation. Chairman P.ahn referred the matter to the Town Attorney to determine the past agreement, if any, regarding taxes and assessments on this property, and the matter to be reviewed again at the October 17th meeting. Upon motion made by Supervisor Uselmann and seconded by Chairman RahTls it was RESOLVED that the Chairman and Clerlt be, and they hereby are, authori2ed and directed to execute the formal contracts covering Public Improvement Project ~o. 86 with Austin P. Reller Construction Company. The Town Attorney presented a letter received from Attorney Leonard Juster regarding the purchase price for the proposed ti~ilderizess P.un Fourth Ad3ition well site which the Town desfres to acquire. The Town Attorney recom- mended to the Board that upon past negotiations it should hold firm in its desire to purchase at the price of $2,800 per acre. Chairman Rahn directed the Town Attorney to attempt to renegotiate with the new owner predicated upon a previous agreement for a price of $2,800 per acre with Arnold Carlson, the previous owner of the property. Upon motion made by Supe rvisor Uselmann azid seconded by Supervisor Rydrych, it was RESOLVED that Austin P. IZeller Construc~ tion Company be, and they hereby are, granted an extension of time until December 1, 1972, to complete Fublic Improvement Project No. 88, Part 1, due to strikes and bad weather. rir. Herbert Lyon, 4105 Blackhawk Road, appeared informally before the Board with regard to the dirt problem on Blaclthattk Road caused by the construc- tion in Cedar Grove No. 8 and also ecological considerations of tE-e small pond -7- area near Deerwood Drive and Elackhawk Road and other matters of conservation. No formal action was taken. The Town Engineer next presented his Preliminary Report for Public Improvement Project No. 108, Cedar Grove Plant to MSB Metering Station. The estimated cost of this project is approximately $30,000 to be paid for out o$ Sewer Trunk Fund No. 3. Upon motion made by Supervisor Uselmann and seconded by Chairman Rahn, it was P.ESOLVED that the above report be, and hereby is, accepted and approved as a Change Order to an appropriate existing contract to be designated by the Board of Supervisors. The Board authorized the Cleric to send a follow-up letter to the T•ietro Sewer Board inasmuch as no reply has been received to the letter object- ing to the proposed SAC charge. The Town Engineer referred a letter from the United States Department of the Interior to the Town Board regarding the possibility of a cooperative program between the U. S. Geological Survey and Eagan Township for monitoring storm water run-off in l3 small lakes at a cost of approximately $~~600, with half of the funds furnished by the local government and those funds matched bf Survey funds. Upon motion o£ Supervisor Uselmann and seconded by Supervisor P,ydrych, it was RESOLVED that Eagan enter into an amended cooperative agreement through the Minnesota Division of lJaters, Soils and Minerals starting in 1972; and FURTHRR RESOLVED that the Town would supply one man and alight boat to assist in sample collection, said funds to be paid for with a special tax levy, A letter received from Cedar Grove Construction Company requesting sanitary sewer to be installed in the twa townhouses and four quadrominimum units on Silver Bell P.oad and Blackhawic Road was submitted. Upon motion of Supervisor Uselmann and seconded by Chairman Rahn, it was RESOLVED that the above request be referred to the Town Engineer for study and recomme,~dation. -8- Upon motion of Supervisor Uselmann and seconded by Chairman P.ahn, it was RESOLVED that the Town Engineer contact the County regarding County Road requirements and guidelines for the cost sharing for 1973 and report to the Town Board at his earliest convenience. A suggested ordinance for Cable TV rranchise was received from P-etro Cable TV which was referred to the Advisory Planning Committee for review and recommendation. Supervisor Uselmann stated that a meeting had been set for October ~Oth at 7:30 P.M. at the Eagan Town Hall with Daicota County Administrator Andy Anderson to discuss changes from Township to Village form of government. Upon motion of Supervisor I'.ydrych, seconded by Supervisor Uselmann, the following Change Orders cJere approved: 1. Change Order I`1o. 1 to Improvement 49-3 to compact the trenches aCYOS3 Blue Cross property for the sewer trunk at a cost of $4,743.00. 2. Change Order No. 2 to Improvement 58-2 a Close out of Contract. Costs for Falconshire Apartments at a cost of $10,879.00 - all costs to be assessed against the DeBoer property. Upon motion of Supervisor Uselmann and seconded by Chairman Rahn, it was RESOLVED the week of October 15, 1972 be declared Cleaner Air Trleek and a proclamation be signed accordingly. Upon motion of Chairman Rahn and seconded by Supervisor Rydrych, it was RESOLVED that Carolyn Rrech be hired as asszssment clerk and for other office duties, and it was FURTHER RESOLVED that the Town Cleric be, and she hereby is, authorized to spend approximately $500.00 for the additional necesn sary office equipment. Upon motion of Supervisor Uselmann and seconded by Supervisor Rydryc"., it was RESOLVED that j-Warrants Nos. 8391 through 84.0 and 1142 through 1151 be issued in payment of bills, approved as presented, ' Upon motion made and seconded, the meeting was adjourtl~d. "p D4?:ed: October 3, 1972 _g_ r Clerk