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08/01/1972 - City Council RegularMIPIUTES OF REGULAR MEETING OF BOAi',.D OF SUPERVISORS TOGdII OF EAGAN, DAKOTA COUDTTY, TiIP1NESOTA August 1, 1972 A regular meeting of the Board of Supervisors, Town of Eagan, Daicota County, Minnesota, was held on August 1, 197?., at 7:30 P.M. at the Town Hall at c•~hich all members were present. Chairman P.ahn presided. Upon motion made by Supervisor Uselmann and seconded by Chairman P.ahn, the minutes of the previous Board meeting were unani~ mously approved as presented changing only the word ~`trasher" to "tractor" with reference to the purchase by the Parlc Committee of a tractor for use in the Eagan par~cs. Police Chief Martin Des Lauriers appeared on behalf of the Police Department and requested authority to advertise for bids for a new police car to replace the one which was smashed in a recent police car accident. Upon motion made by Supervisor Uselmann and seconded by Chairman Rahn, it was I',ESOLVrT' that the Chief of Police be, and he hereby is, authorized and directed to adver- tise for bids for a new police car on the basis of a trade-in of the damaged car: Chief Des Lauriers also requested that he be authorized to hire additional prlrt- time police personnel. Upon motion made by Supervisor Uselmann and seconded by Supervisor Rydrych, it was P.ESOLVED that the Chief of Folice be, and he hereby is, authorized and directed to hire one part-time police officer to start work September 1, 1972, and that the matter of further additional part-time personnel ~~ould be reviewed at a later date. Chief Des Lauriers also reported on the Crime Commission's response to the application by the three municipalities of Inver Grove, Eagan and Rosemount with regard to a three unit cooperative police department. He indicated that the funds had been refused for the study. No further action was tatcen. There was no Fire i~epartment nor Utility i~epartment business. Airs. Barbara Schmidt appeared on behalf o~ the Partc Committee and stated that she had met with the Town Planner, Joizn Voss, and that he recommended a 20 foot easement be obtained to provide access to the Town park Icno~m as High- view Parlc which easement would necessarily have to be acquired from A2r. and Pars. DeLosn. Upon motion made by supervisor Uselmann and seconded by Chairman P.ahn, it was RESOLVED that the Torun Attorney and Planner, John Voss, be, and they hereby are, duly authorized and directed to prepare an appropriate legal des- cription for the easement and to negotiate the purchase thereof from the ocuners DeLosh. The Town Engineer reported on the bids received for Public Improvement Project No. 92, Johnny Cake P.idge street improvement, and informed the Board that the low bidder was John Ames Excavating Company in the amount of $54,900. Upon motion made by Supervisor Uselmann and seconded by Chairman P,ahn, it teas I:LSOLVED, upon the recommendation of the Town Engineer, that the low bidder, John Ames Excavating Company, be, and it ~iereby is, awarded the contract for Johnny CaPce Ridge street improvements, Public Improvement Project P[o. 92, in the principal amount of $5~~,900 subject to tiling the appropriate performance bond therefor. Chairman Rahn next convened the public hearing on the application of Carl Lindstrand and Orrin Knutson to rezone property in the NE's of the S[:T~ of Section 36-27-23 on the t•lest side of Dodd P.oad from A, Agricultural, to P~-1, P,esidential, for construction of two residential buildings and a four stall garage fora rubbish hauling business. There was no appearance by the applican~. Chairman Rahn directed the Clerk to continue the public hearing until the next regular meeting of the Board of Supervisors on August 15, 1972. Chairman P~ahn then convened the public hearing on the application of -2- Beure', Inc. to rezone a seven acre parcel situated immediately adjacent to U. 3. tietro property along Highway ~k13 in the aIT~ of Section 17-27-23 from A, Agricultural, to P~-G, P~iultiple Presidential. It tras noted that the Advisory Planning Committee recommended approval. At this point Town Attorney Luther Stalland stated to the Board that he had a personal interest in the rezoning and aslced that the public hearing be continued until the ne:ct regular meeting of the Board of Supervisors on August 15, 1972, at ~~rhich time he would not be personally present. Upon motion made by Chairman Pahn and seconded by Super- visor Uselmann, it was unanimously PESOLVED that the rezoning application of Beure', Inc. be continued for public hearing to the August 15, 1972, regular meeting of the Board of Supervisors. Chairman Rahn then convened Che public hearing regarding Public Improvement Project No. 60, water and sewer improvements to ricCarthy Ridge Addition. The Tawn Engineer reported that the total cost of the project was $27,100 and then gave the breakdown for sewer, water main, sewer stub, water stub and a combination if installed at the same time. fe also indicated that the connection charges for water would be $1?_0 and for sewer $160. Upon motion made by Chairman Rahn and seconded by Supervisor Ryd-rych, it was RESOLVED that Public Improvement Project No. 68 be, and the same hereby is, approved and ordered in. Chairman Rahn then convened the public hearing on the preliminary report by the Town Engineer for Public Improvement Project No. 102 consisting of storm sewer improvements in the Cedar Grove No. 5 area. The Town Engineer presented his report. Residents appeared from the area in opposition to it. After considerable discussion, upon motion made by Chairman Rahn and seconded by Supervisor Rydrych, it was RESOLVED that Public Improvement Project Ito. 102 be, and the same hereby is, ordered in. -3- The Town Engineer next presented bids for Public I~rprovement Project No. 65A servicing the Vogelpohl apartments and other projects in the immediate vicinity thereof. The Town Engineer reported that the low bid had been received from Richard Itnutson Construction Company in the amount of $245,439.45. Upon motion made by Supervisor Uselmann and seconded by Chairman P.ahn, it was RESOLVED that the project be awarded to Richard 1Znutson Construction Company, the low bidder, for the principal amount of $245,49.45 subject to the contr~c- tor's filing appropriate performance bond with the township. The Town Cleric next presented a sign permit application from Instant Homes, Inc. fora directional sign to be placed at 2831 Highway ~~55 near High- way a~49 and indicated that this was a renewal of the permit and that the sign was existing. Upon motion made by Supervisor Uselmann and seconded by Chairman P.ahn, it was RESOLVED that the application of Instant Homes, Inc. for a renewal of sign permit at 2831 High~•iay ~~55 be, and the same hereby is, approved and the renewal granted subject to payment of the appropriate fees therefor. The Town Clerk next presented a sign permit application for the Halfway House indicating entrance to its parlcing lot. Upon motion made by Supervisor Uselmann and seconded by Chairman Rahn, it was RESOLVED that the sigY~ permit application be, and the same hereby is, granted subject to the approval of the Town Building Inspector and payment of the appropriate fees therefor. The Town Clerk then presented the sign permit application of "Mr. Donut'' for an illuminated free standing sign 28 feet high and 112' x 6' with an additional 6' x 92' sign on a pedestal. Upon motion made by Chairman P,ahn and seconded by Supervisor Uselmann, it was RE50LVED that the sign permit appli- cation be, and the same hereby is, approved and the permit ordered issued upon payment of the appropriate fees thereof, subject to a letter from the developer to the effect that no other sign would be placed within 600 feet of this sign -4- for which the application is presented. The Town C1erlc then presented a sign permit application for Champion Auto Stores to be placed on the top of the e:cisting quarters in the Cedarvale Shopping Center. Upon motion made by Supervisor Uselmann and seconded by Supervisor Rydrych, it was RESOLVEb that the sign permit application be, and the same hereby is, approved and a permit ordered issued upon payment of the appropriate fees therefor. Mr. P.on Ryan representing Rauenhorst Corporation appeared on behalf of its application for a building permit for the construction of an addition to the U. S. G•larehouse building at 2$61 Eagandale Boulevard to be approximately 170' x 120' at an estimated cost of $120,000. It was noted that the plan for the addition met the ordinance setbaclc requirements for the addition to the ware- house and the dock area. Upon motion made by Supervisor Uselmann and seconded by Chairman P.ahn, it was RESOLVED that the building permit application be, and the same hereby is, approved and the permit ordered issued upon payment of the appropriate fees therefor, subject to the approval of the Town Engineer and Building Inspector. The Town Attorney presented a development contract and supplementary documents concerning Cedar Grove No. 8 for execution by the Board. Upon motion made by Supervisor Uselmann and seconded by Supervisor Rydrych, it was RESOLVED that the contract and supplementary documents submitted by the Town Attorney to the Town Board be, and they hereby are, duly approved and the appropriate officers of the Township ordered and directed to execute same. The Town Clerk presented the application of New Town Development, Inc. to rezone a part of the E~ of the NEB of Section 29-27-23 from A, Agricultural, to R-6, Multiple Residential, and noted that the Advisory Planning Committee had recommended approval. The Clerk requested that the matter be set for public -5- hearing on August 23. Upon motion made by Chairman Rahn and seconded by Super- visor Uselmann, it was RESOLVED that the application of New Town Development, Ir~c~ for rezoning be, and the same hereby is, set for public hearing on August 23, 1972, at 7:30 P.M. at the To~~Jn Hall and that the Clertt be, and she hereby i~, authorized and directed to publish notice according to law therefor. Y~r. Virgil Schaaf appeared on behalf of his application for a buildiro permit for a commercial-office building 50' x u0' at an estimated cost of $~~0,000 to be located at 3405 Highway ~~55. It i~as noted that no new application far building permit had been filed, but that such request had been included in a previous application c~~hich had been acted upon scree t3.me ago. Upon motion made by Supervisor Uselmann and seconded by Supervisor Rydrych, it was P.ESOLVED that Che building permit application be, af~d the same hereby is, approved and the permit ordered issued upon payment of the appropriate fees therefor subject to the filing of a new building permit application and the approval of the Town Engineer and Building Inspector. The Clertt next presented the application of New Horizon Homes for pre liminary plat approval of Timbershore 2nd, 3rd and 4th Additions and requested that a public hearing be set for August 23, 1972, at 7:30 P.ri., noting that the Advisory Planning Committee recommended approval of the application. Upon motia.~ made by Supervisor Uselmann and seconded by Chairman Rahn, it was P.ESOLVED that the application of New Horizon Homes for preliminary plat approval of Timber- shores 2nd, 3rd and 4th Additions be, and the same hereby is, set for public hearing on August 23, 1972, at 7:30 P.M, at the Town Ball. Nr. Dave Smith, 4150 Dodd Road, appeared on behalf of his application for a temporary trailer house permit to place a trailer home for rent upon a 10 acre parcel of which he is the owner. It was noted that Kenneth Bruhn was to be the tenant and that it would be located on Hight~ay ~k63 Northeast of County -6- goad ;'30. Upon motion made by Supervisor I~ydrych and seconded by Chairman ~Ghn, it c~aas RESOLVED that a temporary trailer permit be issued to the applicant for a period of one year from date subject to the approval of the Building Inspector as to appropriate sewer and water availability for hookup to the trailer house, and subject further to the filing of an appropriate application and the payaent of tha appropriate fees therefor. Nr. Roger Derrick of the Derrick Company appeared on behalf of his application for final plat approval of Haley's First Addition. The Town EngineF:. recommended approval. Upon motion made by Chairman P.ahn and seconded by Super- visor Uselmann, it was P.ESOLVED that the application for final plat approval of Haley's First Addition be, and the same hereby is, approved and granted. The Town Engineer requested the setting of public hearings for the following Public Improvement Projects: 1. Public Improvement Project tTo. 101 consisting of tiJater and sewer service to the LeT~iay Lalte area. 2. Public Improvement Project I~1o. 97 consisting of water and sewer to service the Robert Johnson rn~arehouse Project at an estimated cost of $€3tS,900. 3. ~nlater and sewer service to the t.~ettland and Lange properties on Deerwood Drive at a cost of $14,700 to be born by the owners except to the extent of acquiring necessary easements to reach their properties. Upon motion made by Supervisor Uselmann and seconded by Chairar~an P.ahn~ it ryas P~ESOLVED that all of the foregoing public improvement projects be, and they hereby are, set for public hearing on August 23, 1972, at 7;30 P.N. at the To~•m Hall and further that the Clerlc is hereby ordered to publish notice accord- ing to law therefor. Upon motion made by Supervisor Uselmann and seconded by Supervisor -7- T:ydrych, it was RESOLVED that the Assessment Cemmit+:ee minutes for its meetinb of June 20, 1972, be, and they hereby are, duly approved as presented. The Cleric then advised the Board that Iir. Tony Caponi had appealed from an assessment on a portion or his prope;:ty along County P,.oad y~30. Chairman Pahn referred the appeal to the Town Attorney for appropriate action. The Town Attorney then advised the Board that the U. S. Postal Service had failed to appear on behalf of their application for a building permit for r.:~: new postal facility. The Town Engineer advised the Board that the postal auth~:_ h ies and the U. S. Corps of Engineers would not lit;eiy feel subjected to the dictates of the Town with regard to their building arrangements. The Board thereupon directed the Town Attorney to write to the U. S. Corps of Engineers and U. S. Postal Service in I:ansas City and invite them to a meeting with the Toc~an Board on August 15, 1972, at 7:00 P.r::. at the Town Hall to discuss the planned construction so as to take into account the ir:tegrstion of t!~e postal facility with other existing and planned town improvements. The Town Cleric reported that the Toc~~n Hall office equipment had aged to the point that a service contract for the upkeep of the machinery and equips ment was necessary. Upon motion made by Supervisor Uselmann and seconded by Chairman P.ahn, it was P.ESOLVED that an appropriate service contract be entered into between Triple ~`A" Typewriter Sales and the Tocan of Eagan for a period of one year for maintenance of all office equipment foL the amount of Y201 and that in addition the amount of $157.50 be authorized For cleaning the equipment prior: to entering into the service contract. Upon motion made by Supervisor Uselmann and seconded by Chairman P.ahn, it was RESOLVED that the apportionment as presented by the Metropolitan Sewer Board regarding the B.E.B. return of funds be, and the same hereby is, duly at?~roved. -3- The Town4ngineer reported to the Board that DCP, had agreed to ;ive to the Town a triangular parcel of property adjoining the Cedar Grove park area off vacated Rahn i'.oad provided that the gifted area would be considered in any future density requirements for the remainder of the property in that parcel owned by DCR. Upon motion made by Supervisor Uselmann and seconded by Chairman I:ahn, it was RESOLVED that the density requirement under Ordinance Pto. 6 in any future development of the remaining DCP. property on the Northeast corner of the intersection of Beau de F.ue Drive andP.ahn P.oad orould be determined as if the lift to Che Town had not been made. Upon motion made by Supervisor Uselmann and seconded by Chairman 1'ahn, it was RESOLVED that the plans and specifications as presented by the Town Engineer be, and they hereby are, approved and he is hereby authorized to adver- tise for bids for water and sewer service to Surrey Heights Second .Addition, tcnown as Public Improvement Project i1o. 87, Phase II, the bids to be received on September 1, 1972, at 3:00 P.NI. at the Town Hall. Upon motion made by Supervisor Uselmann and seconded by Supervisor P.ydrych, it was RESOLVED to apgrove the easement payment for a sewer easement to lir. and Mrs. T. `~i. Sommer in the amount or $2,500. Upon motion made by Supervisor Uselmann and seconded by Supervisor Pydrych, it was RESOLVED Chat all bills evidenced by G?arrants ~r`3094 through ;~u170 and X1105 through X1111 be, and they hereby are, approved as presented and ordered paid. There being no further business, upon motion made the meeting was adjourned. Dated: August 1, 1972 (:~~ t?-~ ~~~~. -9-