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01/19/1971 - City Council RegularREGULAR MEETING OF BOARD OF SUPERVISORS TOt~1N OF EAGAN, DAKOTA COUNTY, MINPIESOTA January 19th, 1971 A regular meeting of the Board of Supervisors, Town of Eagan was held on January 19th, 1971 at the Town Hall at 7:00 P. M. at which all members were present. Chairman Klein presided. The minutes of the previous meeting were presented. Upon motion duly made by Supervisor Uselmann and seconded by Supervisor Rahn, it was RESOLVED that the minutes of the previous meeting of the Board of Supervisors be, and the same hereby are, duly approved with the correction that the following motion be added to these minutes: Upon Motion duly made by Supervisor Uselmann and seconded by Supervisor - Rahn, it was RESOLVED that the Chairman and Clerk be, and they hereby are, authorized and directed to forthwith execute the Cartwright easement agree- ment. Chairman Klein presented the matter of the alleged junk ordinance violations by Thomas Mohr and Mrs. Willis Harrington and noticed the fact that neither party appeared. The Board indicated its total lack of further patience in the matter in view of the appazent past violations and failure to rectify the situations upon which the violations were based. Upon motion duly made by Chairman Klein and seconded. by Supervisor Rahn, it was RESOLVED that the Town Attorney be, and he hereby is, authorized and directed to proceed to prosecute the two individuals for ordinance viola- Lions and to take such other legal steps as necessary to require their conformance with the applicable ordinances. Chief William Schultz of the Eagan Fire Department appeared,and dis- cussed various matters with the Board. No formal action was taken. Police Chief P4artin Des Lauriers next appeared. and advised the Board that the lease on the police station wagon was terminating on March 15, 1971. He also mentioned a personnel problem th~C dated back to December, and he recommended that the Board take appropriate action to see to that the county court bill for Dakota County included a court for the Town of Eagan. The Board $irected Chief Des Lauriers to forward to the Town Attorney the facts and statistics regarding the proposed county court system. Superintendent of Public Utilities, ti~lilliam $ranch appeared and re- quested a special meeting to convene at 4 P. M. Friday, January 22, to discuss the labor contract. The Board thereupon scheduled this meeting. Mr. Branch then cited the fact that they had found a number of the "Eagan Town signs" which had been removed from the various approaches to Eagan Township. The Board ordered Mr. Branch to replace the signs from the loc- ations taken down. The Town Attorney was directed to call Mr. Charles Sigerud, St. Paul Paric, regarding the sign placements and removals. Mrs. Barbara Schmidt appeared on behalf of the Park Committee and indicated that the intention of the Park Committee was to tentatively pre- pare for a May 18, 1971 bond issue election for park purposes. The Board of Supervisors acknowledged the tentative date. No formal action was taken. AYrs. Schmidt on behalf of the Park Committee requested an opinion as to whether the town could pay the cost of promoting the bond issue. The Board of Supervisors referred the matter to the Town Attorney for legal opinion. Mr. Jack Dielanthies and Jean Parranto appeared on behalf of Cedar Grove Construction Co. requesting building permits for eight proposed model homes. The Board determined to meet on Friday, January 22 regarding the sewer easement for the Metropolitan Sewer Board and also to make a determination on the building permit request. Upon motion duly made and seconded it was RESOLVED that the application of Dahien Sign Company for a temporary sign permit for the Chateau Riviera Page 2 to be located at the Southeast corner of Rahn Road and Jade Lane be, and hereby is approved for a period of one year subject to the building inspector approving the location. Upon motion duly made and seconded it was RESOLVED that the application of Jane's 3suna for a sign permit on its property on Cedar Avenue be, and hereby is approved. Upon motion duly made and seconded it was RESOLVED that the application for MR~ s/"rAK of Nordquist Sign Company for a sign permitgon their property in Cedarvale he, and hereby is approved subject to the building inspector approving the location. Mr. riartin Des Lauriers requested a permit for a trailer to be parked temporarily next to his residence on a year to year basis for a relative to live in. He pointed out that the trailer and his home would be located on an 80 acre tract. Upon motion duly made by Supervisor Rahn and seconded by Supervisor Uselmann, it was RESOLVED that a trailer coach permit for a period of one year from date be, and the same hereby is, granted and ordered issued provided that the trailer house would not be rented out to any other party than the immediate family or owner relative of Mr. Des Lauriers. rlr. Martin Ohman next requested a trailer permit on a one year basis with no rental to~outsiders and to pay the prior years permit fee which was not paid, such trailer to be located at or near the intersection of Lexington Avenue South and State Trunk Highway ~~30 on a 120 acre tract owned by Pir. Ohman. Upon motion duly made by Supervisor Rahn and seconded by Supervisor Uselmann, it was RESOLVED that the permit for a period of one year from date be, and the same hereby is, granted on the condition the the trailer not be rented to persons other than the trailer owner of the individual designated at this time by Mr. Ohman and that last years fee along with this years be paid. Page 3 At this time during the Board meeting it was noticed that Mr. Tom Mohr personally appeared with regard to the first item on the agenda, alleged junk ordinance violations. A discussion was had between Mr. Mohr and the Board and the Board unanimously determined that its previous action of this evening should stand. The Board then reviewed the proposed Pollution Control Agency burning ordinance regulations with the Town Engineer and Town Attorney. It was determined that a special meeting of the Board should be held on February 3, 1971 at 6:30 P, M. to discuss the adoption of a proposed burning ordinance and also to discuss the problem of refuse disposal with all haulers oper- ating in Eagan Township, in addition to the budget meeting scheduled for the same time. The Board further directed the Town Attorney to prepare a draft of ordinance for consideration and also to notify all Eagan haulers to meet with the Board to discuss the matter at that special meeting. Chairman Klein then convened the public hearing on the application of Rauenhorst Corporation to rezone the Goetzke property near Yankee Doodle Road and Lexington Avenue South from A-Agricultural to I-1 Light Industrial. It was noted that the Advisory Planning Committee recommended approval. Mr Ray Dralce, representing Rauenhorst Corporation appeared on behalf of its application to rezone property more particularly described as the NW's of the SW's , Section 11-27-23 being a 40 acre parcel. No one appeared in opposition to the application. Upon motion duly made by Supervisor Rahn and seconded by Supervisor Uselmann, Klein abstaining, it was RESOLVED that the application for rezoning be, and the same hereby is, duly approved and adopted. Mr. Serry Kingray, Jim Herbert and Arnold Carlson appeared on behalf of the application of Cooperative Power Association for a special use permit to construct a sub-station on the Carlson property at the NE corner of Pilot Knob Road and (7ilderness Run Road. Upon motion duly made by Chairman Klein Page 4 and seconded by Supervisor ahn it was RESOLVED that the application be, and the same hereby is, duly approved and a special use permit ordered issued. The Town Engineer then presented preliminary reports on Improvement Frojects 60, 53, 64 and 66, which reports were upon motion made and seconded, duly accepted by the Board. Upon motion duly made by Supervisor Uselmann and seconded by Supervisor Rahn, aye Klein! it was RESOLVED that public hearings for said improvement projects be scheduled as follows: Improvement Projects 60 and 66 at 8:00 o'clock P. M. on February 16, 1971 at the Town Hali; Improvement Projects 63 and 64 at 8:00 o'clock P. M. on March 2, 1971 at the Town Ha11. Upon motion duly made by Supervisor Uselmann and seconded by Supervisor Rahn, it was RESOLVED that the Town Engineer be, and he hereby is, duly authorized and directed to prepare an appropriate letter to District Engineer Wm. Meritt of the Minnesota Highway Department regarding proposed improve- ments to State Trunk Hwy. ~k110 and #55 and regarding the proposed relocation of State Trunk Hwy. ;~13, the purpose of this letter being to advise the I~linnesota Highway Department of Eagan's desires in regard to these highway improvements. The Town Attorney then presented to the Board for execution the trans- script documents with regard to the $1,285,OOO.OD general obligation bond issue. The Town Attorney next presented to the Board of Supervisors the pro- posed joinC fire agreement with the Village of Burnsville, Upon motion duly made by Supervisor Uselmann and seconded by Supervisor Rahn, it was RESOLVED that the Chairman and Clerk be, and they hereby are, duly author- ized and directed to execute the joint fire agreement as presented. Page 5 The matter of setting performance bond amounts for proposed develop- ments in Black Hawk Hills Additions, Oak Chase Addition, Scott Tankenoff's Addition, Effress Addition, Ballantrae Addition and Cedar Grove ~k9 were referred to the Town Engineer and Town Attorney for determination and recommendation back to the Board at its next regular meeting on February 2, 1971. Upon motion duly made by Supervisor Uselmann and seconded by Supervisor Rahn, it was RESOLVED that the Town Engineer and Town Attorney, be, and they hereby are, authorized and directed to prepare an appropriate resolution for submission to Mr. Kermit McCray of the Minnesota Highway Department to indicate the Eagan Town Board's willingness to construct four lane roadways to connect with the Deerwood Drive and Black Hawk Road overpass bridges over new Interstate 35E within five years after the completion by the Minnesota Highway Department of these overpasses in order to upgrade the overpassing town roads to accommodate anticipated traffic patterns. Upon motion duly made by Chairman Klein and seconded by Supervisor Uselmann, it was further RESOLVED that the Town Engineer and Town Attorney be, and they hereby are, duly authorized and directed to reque st the Minnesota Highway Department to study the possibility of overhead illumination at Highway ~~13 and its intersection with Cedar Avenue South and other ffiajor thoroughfares connecting or bisecting State z'runk Highway ,1k13. The Town Engineer then recommended to the Board that consideration be given to acquiring of a dedication of the two acre site north and east of Highway 430 for a future reservoir site and that same should be acquired at the time that any formal action is presented for the development or rezoning of said property. The matter was taken under advisement by the Board of Supervisors. No formal action was taken. Page 6 Fisher Sand ~ Gravel Company presented a request for the release of their old performance bond regarding gravel pit operations on the south side of Yankee Doodle Road west of Highway X649 and for the retention of a new bond simply for the purpose of cleanup in the gravel pit. Upon motion duly made by Supervisor Uselmann and seconded by Chairman Klein, it was RESOLVED that the old performance bond for the gravel pit operation be released and that a new cleanup bond be obtained to igsure the performance by the operator in accordance with the applicable gravel ordinance. The Town Engineer then presented change orders ~~l and ~2, Project ~k39A by Solberg Construction Company fox work on Silver Bell Road. Upon motion duly made by Chairman I:lein and seconded by Supervisor Uselmann, aye Rahn, it was RESOLVED that change orders 4k1 and ~k2, project ~k39A be, and they hereby are, duly approved and granted. The Town Engineer then presented change orders ~~1 and ~~2, Project ~~25 being, respectively, the lowering of gas service to the Meyer's property on Black Hawk Road and also a landscaping project an B~Ock Hawk Road by Sol~rerg Construction Company. Upon motion duly made by Supervisor Uselmann and seconded by Supervisor Rahn, aye Klein, it was RESOLVED that change orders ~~l and ~2, Project #25 on Black Hawk Road for lowering gas service to the Meyer's property and landscaping be, and hereby are, duly approved and accepted. The Toau Attorney then presented to the Board proposed modifications in the Northern Natural Gas Company metering station agreement and easement deed. Upon motion duly made by Supervisor Uselmann and seconded by Supervisor Rahn, iC was $E50LVED that the proposed modified agreement for construction and operation of a metering station and an easement deed as presented by the Town Attorney be, and the same hereby is, duly approved and ordered executed by the Page 7 Chairman and Clerk subject to the payment of appropriate permit fees and the Town's legal fees in connection with the preparation and execution of said documents. The Town Attorney then requested an informal opinion from the Board of Supervisors as to whether building permit fees would be charged to the Metro Sewer Board for construction of any part or all of the regional sewer treatment giant and interceptor. The Board directed the Town Attorney to prepare a letter for submission to the F4etro Sewer Board advising it that no building permit fees would be required but that the Board and Town Engineer be supplied with appropriate plans and specifications as and when requested by the Town Engineer. The Town Attorney presented a letter addressed to the Metro Sewer Board regarding the proposed condemnation actions against properties owned by Joseph A. Adelman and Bud Johnson, Inc. stating that the Town of Eagan had no objection to the condemnation actions in view of the fact that easements currently existed in favor of Eagan on parts of these two properties. Upon motion duly made by Chairman I:lein and seconded by Supervisor Uselmann, it was RESOLVED that theletter to the Metro Sewer Board be, and the same hereby is, duly approved and ordered executed by the Chairman and Clerk. The Town Attorney then reported that there had been no new reports from. Cedar Grove Construction Company regarding the purchase for park purposes of Outlots E and D in Cedar Grove ~6. However, the Town Attorney indicated that he would be meeting with representatives of Cedar Grave Construction Company in the near future and would keep the Board and the Park Board informed of all developments. Psge 8 The Town Engineer then presented change order ~1 Eagandale ~~4 in the sum of $5,187.44 for water service to the Red Owl stare in Eagandale. Upon motion duly made by Chairman Kiein and seconded by Supervisor Uselmann aye Rahn, it was RESOLVED that change order ~~1, Eagandale 4~4 for the construction and connection of water service to the Red Owl store in Eagandale ~~4 be, and the same hereby is, duly accepted and the change ordered as presented. Upon motion duly made and seconded, it was unanimously RESOLVED that all bills as presented be, and they hereby are, duly approved and ordered paid. Upon motion made and seconded, the meeting was adjourned. January 19, 1971 Clerk