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09/07/1971 - City Council RegularMINUTES OF A REGULAR I~"~CF.T?':?G OF THE BOARD OF SUPERVISORS TOWN OF EAGAN, DAKOTA COUNTY, Mlc~"aUTA September 7, 1971 A regular meeting of the Board of Superrrisors, Eagan To~mship, Minnesota was held on September 7, 1971 at 7:30 P.M. at whic~t all members were present. Chairman Klein presided. Upon motion made by Supervisor Rahn and seconded by Supervisor Uselmann, the minutes of the preceding Board meeting were unanimoL.s?;j~ approved as presented, with the following corrections to the August 31, 1971. minutes: Bottom Page 4, substituting for the Company named in that paragraph the following; "Funding Systems Leasing Corporation". John O'Toole, representing the County Assessors office, appeared requestin€, the following assessment abatements: 1. D.C.R. Co. 43258-C7 Wrong rate per square foot used for easement, Reduce 3732 to 240, payable 147b 2. George F. Gombos 4~3767B Error made in square footage of house,also, calculation error in computation of field curd. Reduce from 3546 to 2814, payable 1971. 3. David Johnson C-43728 House was valued on 50% completion, should only have bAen on for 10%. Reduce fa ors 2900 to 1094, payable 1971. 4. John C. Johnanneson-Item 6 Due to economic obsolescence of "Big Slid~'~" Personal Property Reduce from 3111 to nil. This item was sold for scrap value of $1.00. Upon motion made by Supervisor Rahn and seconded by Supervisor Uselmann it was REuOLVED that the foregoing request for abatements as presented be, and they hereby are, duly approved and granted. Police Chief Martin Des Lauriers appeared before the Board and presented a memorandum to the Board concerning the Valley Lounge Restaurant and Bar which he recommended be referred to the Town Attorney for appropriate action. Chairman Klein thereupon referred the memorandum to the Town Attorney for appropriate action in con3unction with the Police Departmeat. -I- Fire Chief William Schultz and Deputy Fire Chief Jerry Adams c.rpeared on behalf of Fire Department business. Chief Schultz asked if the Fira Der~ax!:~?a1t Ordinance could not be chanced so as to permit the Fire Deoart~ent to hire men 18 yews old and up, citing the opinion from Assistant Town Astorney, George Holy. Upon motiea duly made by Chairman Klein and seconded by Supervi..sor Rahn, it was RESOLVED that the Town Attorney be, and he hereby is, authorized and directed to prEpcre an agpropriate affendment to the Fire Department Ordinance 414 to permit fireman 18 years old and older to be talren on by the Fire Department. Chief Schultz then asked for an appropriation of $150.00 for the Fire D~L~ar~.. went Officials to attend a conference at Albert Lea on September 26th and 27th. Upon motion made by Supervisor Uselmann and seconded by Chairman Klein, it was RESOLVED that the Fire Department be, and it hereby is, authorized to incur up to $150.00 expenses for s conference trip to Albert Lea, Minnesota on September 26th and 2ith. Chief Schultz next requested approval of the purchase of the following equipment: A 3000 Watt Power Plant $250.00 A 500 WaotFlood Light $100.00 3 Ceiling Hooks $ 45.00 1 Survival Air and Spare Tank $402.00 2 Cascade Bottles 200.00 TOTAL $997.00 Upon motion duly made by Chairman Klein and seconded by Supervisor Rahn, it was RESOLVED that Fire Chief Schultz be, and he hereby is, authorized and directed to purchase the foregoing equipment at a cost of not to exceed $1,000.00. Chief Schultz next asked that a special meeting be convened for the purpo3e of considering the construction of the proposed new Fire Ha11 in or around the -2- Rauenhorst Industrial Development. The Board set the date for the ~j:^.Mial meeting to be held at the Town Hall on September 13, 1971 at 4:00 P.M., or if rot ~^,rti-Mni- ent, on an alternate date of September 15, at 4:00 P.M., all iaterevted pWrties to be notified in advance of the meeting by tra Clerk. Schultz further brought up the matter of the proposed new Dispatch System for the Fire Department, and Chair- man I:lein directed Chief Schultz to prepare and submit a report to the Board at its special meeting September 13. Utility Department Superintendent, Bill Branch next appeared before the Board and requested an appropriation of $1,500.00 for the purchase of three item including 230 volt high cycle generator at a cost of $1,500.00. Upon motion ma3e by Chairman Klein and seconded by Supervisor Uselmann, it was RESOLVED that Superintendent Branch be, and he hereby is, authoxized and directed to purchase three items of equipment including a 230 volt high cycle generator at a cost of not to exceed $1,500.00. Superintendent Branch next recommended the up-grading and oiling of Westcott Hills Drive. Upon motion made by Supervisor Rahn and seconded by Super- visor Uselmann, it was RESOLVED that the Town Engineer be, and he hereby is, authorized and directed to make a study and prepare a report for the Board on the proposed improvements to Westcott Hills Drive. Building Inspector Dale Peterson appeared requesting a building permit be issued to Economics Laboratories for a Dust Collector Enclosure. Upon motion made by Supervisor Uselmann and seconded by Chairman Klein it was RESOLVED that a building permit be granted to Economics Laboratories for a Dust Collector Enclosure to be installed adjlcent to their plant in Eagandale Park. A building permit application by Cedar Grove Elementary School for an addition to the school building was presented. Upon motion made and seconded, i~ was RESOLVED that the application be referred back to the Advisory Planning Commission for appropriate action prior to submission to the Board. -3- There was no Park Committee business. Martin Kane appeared on behalf of the Dakota County Electric Cooperative RE: The Proposed Overhead power lines to be set along Silver Bell Road between Beau de Rue Drive and Blackhawk Aoad with underground lines proposed around the 1Rrge oak tree on the northeast corner of the intersection of Beau de Rue Drive and Silver Bell Road, the Pancake House and the adjacent gas station. Upon motion made by Supervisor Uselmann and seconded by Supervisor Rahn, it was RESOLVED that a building permit be, and hereby is, authorized and granted to Dakota County Electric Co-op upon payment of the appropriate fees therefor, subject to the recommendation and approval of the Town Engineer. The application of Lawrence Sign Company for a sign permit to hang a 3.5 ft. by 10 ft. sign on the wall of the new shopping center building in Cedarvale was presented. Upon motion duly made by Chairman Klein and seconded by Supervisor Rahn, it was RESOLVED that the sign permit application be, and the same hereby is, approved and the permit ordered issued uFon payment of appropriate fees therefor. The public hearing on Public Improvement Project x`84 RE: T+'ater and Sanitary Sewer for the Metram Property Town House Development in Section 17-27-23 was convened. It was noted that there would be 106 town houses to be served by the utilities and that only the developer would be affected by the iastallation of the utilities. There were no objections to the project and that the plans and specifications be prepared by the Town Engineer. Upon motion made by Chairman Klein and seconded by Supervisor Rahn, it was RESOLVED that Public Improvement Project X84 be, and hereby is, ordered in. Chairman Klein next convened the public hearing on the application of Walter Laumeyer and Harvey Kirchner to consider the rezoning of part of the W~ of the E~ of the NE~y of Section 12-27-23 from A Agriculture to C-1 Commercial. In connection with the action on this approval, Chairman Klein absented himself from the hearing and abstained from voting because of his announced prejudice in -4- the matter. Alsq both Supervisor Uselmann and the Town Attorney questioned the applicant owner and the buyer as to whether or not they had anything to do with any offer made to Chairman Klein in connection with the successful handling by the Board of the application to which they both emphatically denied any such connection. It was noted that the Advisory Planning Committee had denied the application. Thereupon motion was made by Supervisor Uselmann and seconded by Supervisor Rahn and it was RESOLVEb that the application for rezoning be, and the same hereby is denied. The application of William Kenny for a building permit and special use permit to operate a Day Care Center on Cedar Avenue South was presented. It was noted that the applicant's application. had not been completed with exhibits, nor had the opinion as to the state requirements for the operation of such a center been received as yet. Upon motion made by Supervisor Uselmann and seconded by Supervisor Rahn, it was RESOLVED that the application be continued indefinitely subject to the resubmission of the application and the opinion of the Town Attorney concerning the operation of the proposed Day Care Center. Mr. Jim Notch appearQd on behalf of the application of Rauenhorst Corpora- tion for a building permit to construct a casket storage building on Lot 16, Block 12, Eagandale Center Industrial Park. It was noted the Advisory Planning Committee recommended approval. Upon motion made by Supervisor Uselmann and seconded be Supervisor Rahn, it was RESOLVED that the application for the building permit be, and the same hereby is, duly approved and ordered issued upon payment of the appropriate fees therefor. The application of Thomas GiGuere to rezone the GiGuere Addition on Donald Avenue near Yankee Doodle Road from A Agriculture to R-1 Single Family Dwelling and for preliminary plat approval was presented. Upon motion made by Chairman Klein and seconded by Supervisor Uselmann, it was RESOLVED that the -5- matter be set down for public hearing at 8:00 P.M. on October 5, 1971. The application of Frederick Post for preliminary plat approval fer the proposed Post Addition ~~3 on Sibley Memorial Highway was presented. Upon motion made by Chairman Klein and seconded by Supervisor Rahn, it was RESOLVED that the application be set down for public hearing at 8:.00 P.M. on October 5, 1971. Mr. Lionel F. Johnson appeared on behalf of his application for a building permit to construct a warehouse and office building on Lot 9, Block 2, Sibley Terminal Industrial Park, 160 by 140 feet at an estimated cost of $140,000.00. It was noted that the Advisory Planning Committee recommended approval. Upon motion made by Supervisor Rahn and seconded by Supervisor Uselmann, it was RESOLVED that the application for building permit be, and the same hereby is, duly approved and ordered issued upon payment of the appropriate fees therefor. Upon motion made by Chairman Klein and seconded by Supervisor Uselmann, it was RE90LVED that the application of Orvilla Homes for a building permit for a Board and Care Home on Yankee Doodle Road and Westcott Hills Road be continued for consideration by the Board at its September 21, 1971 meeting. The application of Borchert Ingersoll for a grading germit near Highway ~~55 and Highway X49 was presented. It was noted that the Advisory Planning Committee recommended approval. Upon motion made by Chairman Klein and seconded by Super- visor Uselmann, it was RESOLVED that the application for a grading permit be, and the same hereby is, approved and ordered issued. Mr. Robert Burger appeared on behalf of the application of New Horiaon Homes, Inc. for building permits for town house construction on Lot 1, Block 4, Pilot Knob Heights. Mr. J. Hagemeister also appeared. It was noted that the Advisory Planning Committee and the Town Engineer recommended approval. Upon motion made by Chairman Klein and seconded by Supervisor Uselmann, it was RESOI,VBD that the building permit application be, and hereby is, approved and the permits -6- ordered issued upon payment of the appropriate fees therefor. The application of Metram properties and Thomas Construction Company for vacation of a utility easement in Eagan Metro-Center Addition was submitted. It was noted that the Advisory Planning Committee recommended approval, and that the application would have to be set for public hearing. Upon motion made by Chair- man Klein and seconded by Supervisor Uselmann, it was RESOLVED that the applica- tion be set for public hearing on October 5, 1971. The application of Osman Temple was next presented for a building permit for a pole building at the Lost Spur Golf Club. It was noted that the Advisory Planning Committee recommended approval. After discussion, upon motion made by Chairman Klein and seconded by Supervisor Rahn, it was RESOLVED that the applica- tion be referred back to the Advisory Planning Committee for further consideration.. pply l Fri c Mr. Jerald ire appeared with regard to a request by Inver Grove Heights to join with them in a common deep well utility installation to benefit both Inver Grove Heights and Eagan T~omnship. Upon motion made by Supervisor Rahn and seconded by Supervisor Uselmenn, it was RESOLVED to refer the letter received by the Board to the Town Engineer for study and recommendation to the Assessment Committee and to the Board. Chairman Klein next announced that an award should be made on Public Improvement Project #50, for a pump house and well on the treatment plant site on Yankee Doodle Road. The low bid was Bergland-Johnson Construction Company for the pump house in the amount of $56,650.00 with deducts and by McCarthy Well Company for the well in the amount of $8,201.10. It was noted that the Town Engineer recommended the award of the bids to the two low bidders as indicated. Upon motion made by Supervisor Rahn and seconded by Supervisor Uselmann, aye Chairman Klein, it was RESOLVED that the bids on Public Improvement Project X50 for the pump house be awarded to Berglund-Johnson in the amount of $56,650.00 with deducts as appear in the bid and as approved by the Town Engineers and to -7- McCarthy Well Company for the deep well in the amount of $8,201.10. The Town Attorney then reported on the progress and status of the Max Norton condemnation case on Cliff Road and requested authority to settle the condemnation case for an amount up to $3,000.00. Upon motion made by Supervisor Rahn and seconded by Supervisor Uselmann, it was RESOLVED that the Town Attorney be, and he hereby is, authorized to attempt a condemnation settlement for up to the sum of $3,000.00. Upon motion made by Supervisor Rahn and seconded by Chairman Klein, aye Supervisor Uselmann, it was RESOLVED that advertisement for bids on Public Improvement Project X73, sewer and water, be noticed for public hearing to be held September 28, 1971 at 8:00 P.M. at the Town Hall. Upon motion duly made and seconded it was RESOLVED that the public hearings for rezoning and preliminary plat for Wilderness Run 2nd Addition east of Pilot Knob Road be scheduled for October 5, 1971 at 8:00 P.M. Upon motion duly made and seconded it was RESOLVED that the public hearing for rezoning and for preliminary plat approval of Selmark Addition near Highway X49 be scheduled for September 21, 1971 at 8:00 P.M~ Upon motion duly made by Chairman Klein, seconded by Supervisor Rahn, aye Supervisor Uselmann, it was RESOLVED that the plans and specification for sewer and water extensions to Letendre Addition, Project X73, be and they hereby are approved and bids be advertised and opened on September 28, 1971 at 3:00 P.M. Chairman Rlein presented the resignation of Dorman Atwoad as Justice of the Peace. Upon motion made by Chairman Klein and seconded by Supervisor Rahn, it was RESOLVED that the resignation of Dorman Atwood as Justice of the Peace of Eagan Township be, and the same hereby is, accepted effective immediately. Town Clerk Alyce Bolke reported to the Board that she had determined from the town's insurance agent that the additional premium for protection of all -8- Eagan Police Officers for claims arising out of charges of false arrest would amount to only $90.00 per year. Upon motion made by Supervisor Uselmann and seconded by Supervisor Rahn, it was RESOLVED that the Town Clerk be, and she hereby is, authorized and directed to purchase the additional false arrest insurance at a cost of $90.00 per year to cover all members of the Eagan Police Department. Upon motion made and seconded, it was RESOLVED that all bills as presented be, and they hereby are, approved and ordered paid. There being no further business, upon motion made and seconded, the meeting was adjourned. Dated: September 7, 1971 ~ a~ ~~ Town C1 rk -9-