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08/15/1972 - City Council RegularMITJUTI;~ Or P.EGULAP. Y~ETING OF BOAP.D OP SUPEItVISOP.S TOt•JB1 OF EAGAN, DAKOTA COUT3TY, IIII]NESOTA August 15, 1972 At 6:30 P.M., August 15, 1972, the Eagan Board of Supervisors met c~~ith i~o~er Ratzenmaier, the Town Accountant, and reviewed the audit report for 1972. Y`a:, Katzenmaier proposed that an Assessment Clerk be hired by the Township and the Board directed the Town Cleric and the Tocan Accountant to draw up a proposed job description for the opening to be reviewed at the August 23rd meeting. The Board also discussed the proposed rietropolitan sewer Board recommendation for connection charges for new connections to the metropolitan sewer system. Upon motion duly made and seconded, it was RESOLV]rD that the Town Engineer prepare and present a letter to the Metropolitan Sewer Board on behalf of the Eagan Board requesting that the TiSB defer its decision concerning the connection charge until. more information can be fathered. Yir. ICenneth Anderson, the Dakota County Traffic Engineer, appeared arse presented a report proposing traffic signals at Cedar Avenue and County toad ;;'~3~~ He also recommended driveways on the southwest area of the intersection on Cedar Avenue. The total cost is estimated at $~a0,000 with $20,000 from federal funds, $10,000 from Dakota County and $10,000 to be paid by Eagan. The Eagan Board questioned the method of payment and indicated that currently the budget does not allow for a $10,000 payment. Further review of the matter caill be made at a later meeting. At 7:30 the regular meeting of the Board of Supervisors, Town of Eagan, Daltota County, Y~Iinnesota, commenced. All member., Caere present. The minutes of the previous me~tin~ were approved. The Town Clerl: read a letter from the report that had been done for ~chooi District No. 197 recommending two school signs near the Pilot :.nob School. Tir. Elnderson indicated L-hai: the county will install the signs. At ~:00 P.Ti. the Chairman announced the convening of the public hearing continued from August 1 on the application of Carl Lindstrand and ^~rin I:nutson to rezone eight acres in the I]E'~ of the St~J~ of "ection 3G on the [Test side of Dodd P.oad from A, l`~gricultural, to F;-1, Presidential, for the construction of t~uo res?dential buildinbs and a four stall garage for a rubbish hauling business. It ~•ras noted the APC recommended approval. i~i1-. Lindstrand indicated that the nei;hbors had no objection to the application. .:after considerable discussion concerning the operai-ion of the business and an indication by Pars. Knutson that outside.storsge would be required and the fact that the Board tirould oppose any outside storage in the area, upon motion by ~upe~-visor Uselu~ann, seconded Cuper- visor Ptydrych, aye Chairman T:ahn, it was P.BSOLVRD that the application be granted for rezoning and that the Board would approve a special use permit for the con- struction of a four stall garage provided that no outside storage ~~~ould be per- mitted, that minor repair of the trucks owned by the ~.nutson P.ubbish Service trould be permitted in the garage and that the oerners would submit a preliminary plat for approval by the Board dividing the property into t~•~o lots with a dedica- ted street. The Chairman then announced the opening of the public hearing continued from August 1st on the application of Beure', Co. to rezone a seven acre parcel situated on Highway ;;'~13 adjacent to U. S. retro property in the St•J4 of Section 17 from A, Agricultural, to P.-6, P~iultiple P.esidential. The APC recommended approval. Supervisor rydiych withdrew from consideration of the rezoning for personal reasons. There being no opposition to the application, upon motion by .supervisor Uselmann, seconded Chairman Rahn, it was P~ESOLVED that the applica- lion be approved. Police Chief T~Iartin Des Lauriers appeared on behalf of the .'olice -2- Department and presented specifications and ~cro bids from ',Iestdale cord and freeway i~ord for a 1973 four door sedan and a 1973 station wagon for the nolice Department. Upon motion duly made by Supervisor Uselmann, seconded by Chairman P.ahn, aye Supervisor P.ydrych, it was 1~ESOLVED that the low bid of ~Testdale Pord in the sum of $5,00 fog the two automobiles be, and it hereby is, approved. It eras noted that $1,330 had been received from the Eagan insurance company due to an accident with one of the police vehicles. Upon motion by Supervisor Uselmann, seconded Chaisman rahn, it c~~as P,ESOLVED that the Police Department be given authority to rent a vehicle for the Police Department for t~~~o months. NIr. Des Lauriers indicated that he had submitted an appeal to the Governor's Crime Commission due to its denial of the grant application request by three communities for a joint police facility study. Bill Branch appeared indicating that odor had resulted from the opera- Lion of the Cedar C-rove Utilities plant due to machinery becoming old and the hot c~~eather conditions. Upon motion duly made and seconded, it was ^,ESOLVED that the Town Engineer be ordered and directed to prepare a cost feasibility study relating to the connection of the Cedar Grove Utilities Plant to the i~~etropolitan Sewer Board Seneca [Taste Treatment Plant. Barbara Schmidt appeared on behalf of the Parlc Board and made the following presentation: 1. The Parlc Board recommends authorization for Tony P.oszalc to commence proceedings to acquire options on the second phase part; parcels. Upon motion by Supervisor Uselmann and seconded by Supervisor P.ydrych, aye Chairman P,ahn, it eras P,ESOLVED that I~~r. P.oszaic be engaged on the same basis as the first phase parcels to commence acquisition of the options on the second phase partc parcels 2. The results of the cost study for the grading of Pilot Itnob School -3- hockey rink c•~as next submitted. Upon motion made and seconded, the grading ~•~as ordered in accordance to the cost estimate. 3. The proposed plans for lighting several park areas at an estimat,_.,d cost of $21,300 was presented to the Board. Upon motion by Chairman Fahn, seconded by Supervisor Uselmann, aye Supervisor P.ydrych, it was P.ESOLVED that i:he cost as submitted be, and it hereby is, approved and that the Cleric be authorized to advertise for bids to be opened at 3:00 P.Ti. on Tuesday, September. S, 1972, at the Town Hall. ~~. The following proposed park names mere submitted: a. i.'oodhaven Park - formerly Pahn Parlc b. Cardinal Park - Country Home Heights Addition c. Pilot knob Part; - The Pilot I:nob School area d. Bur Oak Park - Change of spelling from Burr Oak Park Upon motion, by Supervisor Uselmann, seconded by supervisor P.ydrych, it was RESOLVED that the Board accept the foregoing names with the exception of Cardinal Park and refer that name back to the Bari: Board for further recommenda- tion. 5. The bids for a tractor for the Bark Board were next submitted, a copy of the bids being attached to these minutes, Upon motion by Supervisor Uselmann, seconded by Supervisor P.ydrych, it was F.ESOLVED that the low bid of Carlson Tractor, P,osemount, Minnesota, in the sum of $4,753 be, and it hereby is awarded. It was noted that an emergency situation exists in that there i~ a need r"or the tractor immediately and that Carlson Tractor can make immediate delivery. rir. James Guring appeared on behalf of the Kansas City District Corps of ngineers relating to the application of the Corps of Engineers and Bostal vervice for a bulls mail facility in Eagan. several members of the Planning -4- Commission c•~ere present and discussion involved proposed traffic patterns, the additional burden on streets and highways in the area and the proposed paymen~ by the federal government for the additional road use. Tr. Guring eras aslced to acquire a letter from the Postal Service that it dill not object to no~-nnal assessments for benefits derived for road and utility improvements in the genera'. area whether on county or toc~an roads and further that the same policy would apply c•~hether Eagan i s a tot•~nship or incorporated as a village. The lot=~n engineer again renewed hic request for a road easement across the Southc•~est corner of the postal facility property. I•`r. Guring indicated that bids on the building were opened on August 15th and that the rough grading bids will be opened on August ;1. The Board renewed its request that a reasonable fee for revier~ of plans and specifications relating primarily to utility and development plan purposes of the parcel should be paid by the Postal Service and Tr. Goring c•~ill review this with his super- visors. The need for new traffic signals, police and fire protection, are obligations that the tocm c•ai11 incur due to the net•~ facility. The Town ingineer then submitted a preliminary report relating to utility improvements including caater, sanitary sewer and storm sewer improve- ments consisting of Project TIo. 104. Upon motion by Supervisor Uselmann, seconded by Supervisor Pydrych, aye Chairman rahn, it was P,ESOLVED that the preliminary report be accepted and that a public hearing be scheduled for ~;eptember 5, 1972, at 0:00 P.M. at the Town Ball. I~Ir. Guring requested that the ~3oard approve grading and foundation permits subject to submission and approval of grading and foundation plans to the Totem Engineer. Upon motion by Supervisor UUelmann, seconded Chairman I::ahn t aye Supervisor P.ydrych, it was I`.ESOL'S1ED that the request for grading and founda- t-ien permits be approved with the understanding, however, that there is no -5- *.~aive~- on behalf of the torm of any claim foL lees or services or waiver fo7: payment of any assesse+.ents for improvements including utilities and streets in the area. PIT. David T~Ianninen appeared on behalf of his application to move a garage from the ~eull property on Cliff Road to 624• Sally Circle in Sellmar?c AdcTition near Hi;ht~ay `Y9 consisting of Lot 13, Bloch 3, Sellmaric. After dis- cussion upon motion by Supervisor Uselmann, seconded Chairman P..ahn, it c~~as P..I<<SOLVED that the Board approve the relocation of the garage on the property described above provided that all contiguous neighbors approve in writing to tine Town Cleric that they have no objection to the relocation. Upon motion by Supervisor Uselmann, seconded Supervisor Rydrych, aye Chairman P.ahn, it was RESOLVED that the contract covering Improvement xro,ject No. 92 be, and it hereby is, approved and ordered executed by the appropriate torn officials. The follocaing bid3 covering Public Improvement Project PJo. 94 con~- listing of street improvements were submitted: Tischer Construction Company, :~~1,575; D.L.R. Construction Co., $~~5,600; Hosting ~ Engstrcm, Inc., $35,000; consisting of street and sto~.-m sewer improvements for Deerwood Drive and Silt-ar Iiei2 P.oad. Upon motion by supervisor Uselmann, seconded Supervisor ~ydrych, aye Chairman I:ahn, it ~~ras P,1;SOLVED that the low bid of Tischer Construction Co~lip?ny be, and it hereby i.s, approved recognizing, however, that the Toc~n has i~~:d several projects with Tischer Construction which have caused iz:com*anience co the Totm and its residents and additional costs due to inaaeq~~ate worlc bcir.g do~:e by Tischer in some instances. The Tom Engineer presented the plans and specifications covering .~x°oject Ido. g6, sanitary sewer and water in the ';ilmus property area near C~:~.~r~ty Road y~30. Upon motion by Chairman P.ahn, seconded Supervisor Uselmar.n~ -6- aye ; unervi:.or ;:.ydryr_h, it jras t.i;SOLV~i; that the plans a~:d sl~ecif:Lcations be racc~ived a~~d approve. and that the Clerk be authora.~ed to advertise for bids to be opened on September 19th at 3:00 P.M, at the Toc~n Hall. Upon motion b;' Chairman P.ahn, seconded supervisor Rydrych, aye Super- visor Uselmann, it was RESOLVED that the plans and specifications submitted b,;r she town Engineer coverir.~ improvement Project Pio. 100A consisting of a com[~ina- tion of Projects 99 and 100 relating to street improvements be, and they here"v• a~:e, received a:~d approved and that the C1erlc be authorized to advertise for bids to be opened on September 1,'1972, at 3:00 P.TI. at the Town Hall. Upon motion by Supervisor Uselmann, seconded Supervisor P.ydrych, •Lt wa, P.FSOT~VE'D that the Clerk contact Roger hatzenmaier to review the potential contribution by the Postal Service for tar. purposes on its property on ~e;cintali Av4nue. The To4m Engineer they. presented proposed Change Order Ito. 1 to i'rcject 70A consisting of the Surrey Heights ~iddition sewer and water project in the amount of $1,000 for Part 1 and $5,500 for Part 2. Upon motion du?yr ma :le by Chairman P.ahn, seconded Supervisor Uselmann, aye Supervisor P.ydrych, ?.t eras RESOLVED that the Change Order P?o. 1 be approved. Upon motion by Supervisor Uselmann, seconded Chairman P.ahn, aye pup^:°- ~Tisor Rydrych, it was RESOLVED that Change Order T1o. 1 to Project P?c. 8v, Part 2 in the amount cf $x,155.75 be, and it hereby is, approved. Upon motion duly made and seconded, it was P.ESOLV'ED ghat in~a~ a - nr~nts as follows be approved: 1. Hoffman brothers Contracting Company for Project No. 49, Part 3. 2. Elrene P.oad sewer and water Project P1o. 5U, Part 3. ~. Project PIo. 73, Erickson Contracting Company. Upon motion duly made by Supervisor Uselmann, seconded by Chairm:~n -7- Pahn, aye Supervisor l:ydrych, it was %ESOLVI;D that the election judges for Yha primary election on "eptember 12, 172, according to the attached list prepared by the Clerlc be, and it hereby is, approved. The To~~n Attorney indicated that a condemnation action relating to the parlt acquisition of the Burrow property near Lahn School hart been cor:~menced and recommended that three-fourths of the appraisal of the property be paid i:o the property owner so that access to the property could be acquired. Upon rLc~t~~~ by ^upervisor Uselmann, seconded Chairman Pahn, aye supervisor P.ydrych, it ~~~as P.gSOLVED that such payment be made at the earliest possible time but that co:~~• sent to enter the property for improvements be negotiated. Upon motion by supervisor Uselmann, seconded by Supervisor ~ydrpch, it was P.T;SOLVED that 50% of the building permit lee paid by Tirs. Ar_na Goers for a residential building permit on her property on Z;eerwood Drive be, and it here- by is, ordered to be refunded to I~rs. Boers due to a death in her gamily and the fact that the residence ~~~ill not be constructed. The Town Attorney indicates that a condemnation action had been com- menced by the State of I•Iinnesota relating to proposed 4~9~ covering the Labbey and Klingel properties between Highway 13 and Pilo i= I:nob P.oad. The interest o_ the town in the condemnation action is that of utility easements and assessment.;,: The matter will be pursued by the Town Attorney. ITpon motion duly made and seconded, the bills presented were o~de~ed paid according to the follo~~~ing schedule: ~.;arrants ;,'31;3 through ru2~0 and ~l ± 12 through ~~1117. D«i:ed: Aubust 15, 1972 GL~,t~ c~l ~.~.~ . G~c~~ -V-