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02/04/1969 - City Council Regular MINUTES OF REGULAR MEEtING OF BOARD OF SUPERVISORS TOWN OF MGAN ~ DAlmTA COUN1'Y, HINNESOTA February 4, 1969 A regular meeting of the Boare! of SupEl'fVlsors of the Town of Eagan, Dakota County, Minnesota, was held at 8:00 o'clock P.M. at the Town Hall on February 4, 1969. Those present were Chairman Klein and Supervisor Rahn. Boy Scout Troop #51 of the Town of Eagan led ,the Pledge of A11esience.. Mr. Girard Mines appeared at the public hearing concerning his appUcat.1on to re:tone 100 acres in the N-l/2 of the NE-l/4 and the E-l/2 of the NE-l/4 of the NW-l/4 of Section 15 from At Agricultural to R-4t a-6, C-l and c.-Z and also for preliminary plan approval of tbe proposed RolUng Green layout. It was noted that the Planning Coami ttee recom- mended approval. Thet'e being no objection to the application for reo- zontos.." upon motion by Chairman Klein, seconded by Supervisor Rahn, it was RESOLVED that said application for rezoning and for plan approval be, and hereby Is, approved. Mr. William Bush, Mr. William Jensen and Mr. Jack Dl1cntheis appeare d on behalf of Cectar Grove Construction Company relative to the public hearing concerning its application for rezoning from A, Agrlcul- trual to R-l ancl for preUmlns.ry plat approval for Cedar Grove No.7. It was noted that the plat contained 83 acres with 8.3 acres for park. 67.7 acres for residentlal lots, 15.6 acres for streets. Dr. Holloway, S~~rlntendent of School District #191 appeared expressing his concern for a school location in the general area. upon motion by SupcrJlnor Rshu, seconded by Chairman Klein, it was RESOLVED that the preliminary plat of Cedar Grove No. 7 and application for'rezoning be. and hereby is, approved subject however to the understanding that propo:::ed assess- ments for the Impt'ovement of Ble.c!~hawk Ropd l~l'.np, 0'1 t!1e Easterly bound,~ry of said plat be assessed against the developer from a polnt on the North line of the plat to the South line of the plat including that po=tion of Blackhawk Road adjacent to the proposed 8.3 acre park parcel. It was noted that the Advisory Planning Committee recomnended approval.. Upon motion by Chairman Klein and seconded by S~~ervisor Rahn, it was RESOLVED that the minutes be approved as mailed. The Fire Chief and Assistant Fire Chief appeared requesting expenditure for the Fire Department for a Cascade System for thp- SlJrvive Air in the sum of $355.00 and further for 5 sets of rubber gear tot~li~8 $288.75. lJpon motion made and seconded, it was RESOLVED that said e~( - pendit:.ure be, and hereby is, authorized. There were no building permit applications. Mr. Howard Dahlgren and Mr. Tony Bernardi appeared on behalf of Metro U. S. Corporation requesting that the Board approve the instal- lation of an East-West street on the Section line between Silver Belle Road and Blackhawk Road south of the proposed U. S.. Metro development. Mr. Dahlgren indicated that his client would pay half of the Cost by assp-ssment for the improvement. Dr. Holloway and Mr. William Busch also discussed the matter. Dr. Holloway indicated that through streets ar.e necessary for school purposes. Mr. Busch indicated that Cedar Grove Construction Company was not ready at this time to submit its proposal for development of property adjacent to the proposed street. The B~ard stLongly ~~ressed Its interest and desire to locate a street on the section line. upon motion by Chairman Klein, seconded by supervisor Rahn. it was RESOLVED that the matter be taken under advisement c:::; to / the method of acquh:lng the right-of-way and the timing fox' the d!'!......clop- ment of the East-West street. ..2- Mr. Ke~n~th Applchaun ~nd his a~ch~toct ~PPcAred on b~half of. the application for J & K Company concerning the p..;bUc hear.ing rel<li:!'":;e to the preliminary plat approval for Robert Karatz Addition alor.g Yank€~ Doodle Road. It was furtberrequested that the layout for the multiple units also be approved. Mr. Giguere appeared with certain objections being the property owner in the exception to the plat. upon motion by Ch'11rman Klein, seconded by Supervisor Rahn, it was RESOLVED that said prelimlns.ry plat and preUminary plan be, and hereby is, approved, t<;ubje(;t;- however. to p~ovidlng the Gigueres adequate screening and furt~er that the building be set back an additional 20 feet from the prop~rty line adjoining the Giguere property. An application of Rauenhorst Development Corporation for building permit for Atron Corporation on Lots 29 and 30, Block 2 in Eagandalc Center Industrial Park, in the total sunt of $140,000.00, 125' x 80' lr18:3 upon motion by Supervisor Rahn, and seconded by Chairman Klein, approved subject to approval by the Planning Committee. The Town Attorney was instructed to contact Northern Stat;s Power Company and Dakota County Electric Co-operative requesting th~t both companies and representatives to the February 18, 1969 meeting Cot: h '30 .t-c~'i~ concerning proposed electrical service on each side of Lone Oak Road. Mr. Howard oahlgren also appeared on behalf of the appl1catiot"l of Gerald E. Frisch for a variance for a four story apartment t~o~le:~ and for a variance from bUilding code requirements for fire res1sf~n~ wood construction, fire doors and door closers. It was noted that the Ach.lsory Planning Commi ttee recommended approval. Upon motion by 3uri.J:~' ViROt' R~.hn, seconded by Chairman Klein, it was RESO!NED th&t sa~,d a~pllcation be, and hereby i~. approved. -3--- The ~pp1icat1on of Jack Cons,: for a var.iance from a five acre building permit restriction to permit the construc~1on of a single famnj' residence on his five acre parcel on Cedar Avenue was next presented. It was noted that the Advisory Planning Committee recommended denial. It was also noted that the building permit originally granted on the property was authorized on tbe flve acre minimum basis and the builder was told that no further permit would be granted until the property had been platted~ The matter was stricken for lack of appearance. Upon motion by Supervisor Rahn, seconded by Chairman Klein, it was RESOLVED that the public hearing concerning the application of Dan Gustafson for rezoning from A, Agricultural to 1-1, Light Industrial and for trailer coach park permits be, and hereby is, set for March 18, 1969 at 8:00 o'clock P.M. at the Town Hall. The Town Attorney presented an opinion from the Minnesota Attorney General concerning whether the Township could deduct from employees' salaries for premiums for individual life Insurance piicies requested by the employees. It was noted that the Attorney General indicated the Town may do this but that the Town may not pay any part of the premium. Upon motion by Supervisor Rahn, seconded by Chairman Kleln~ it was RESOLVED that the Town officials be authorized to enter into an agreement with the insurance companies whereby payroll deductions for payment of insurance premiums for plan requested by individual em- ployees be, a nd hereby is, permitted; FURTHER RESOLVED that the T0wn' tn.."\Y upon 30 days notice to the Insurance company involved and the Town' & employees, terminate the payroll deduction plan; and FURTHER RESOLVED that an employee may voluntarily discontinue his own payroll deductio~ upon written notice to the Town; FURTHER RESOLVED that the To~m "f Eagp:1 as'3umes no responsibility for premiUIIS beyond the point of t~ri1nat1o", -4- ~ of ern}'loyment of any emp1C'yp.e .';ir.d t1::at tl-.",:'; ;'~,;:...E: ,~.i=,r, ',~ ",ot tc b<> construed as an ~endorsement of the Globe Life Insurance Company, its plans or agents. The Town Attorney presented revised proposed Ordinances #9 and #14 being the Shooting Ordinance and Fire Department Ordinance respectively. It was noted that the Police Chief and Fire Chief reco~ mended approval. Upon motion by chairman Klein, seconded by Superviso~ Rahn, it was RESOLVED that said Ordinances::be, and hereby are, adopted and ordered to be published in the Dakota County Tribune. Upon motion by Supervisor Rahn, seconded by chairman Klein, it was RESOLVED that the public hearing concerning the request of tbe Airliner Motel on Highway #55 for extension of water main trunk from the Southerly side of Trunk Highway #55 to the Aid iner Motet in Ko1ofsky's Addition in Section 2, be and hereby is, set for February 18, 1969 at 8:00 0' clock P.M. at the Town Hall; FURTHER RESOLVED that the Town 6cC;etyt'tbe plans and -ap-ec.ificatioms 'for ~"'p'rOteet ....-f'btill8 of Improvement Project 1134; that the Clerk be authorized to advertise for bids to be opened on February 18, 1969 at the Town Hall and further that the preliminary report concerning Project #34 be, and hereby is, receive.d and that said project be ordered. It was noted that the Airliner Motel owner requested this service. Upon motion by Chairman Klein, seconded by Supervisor Rahn, it was ~ESOLVED that the plans and specifications for the surfaCing of Rchn Road consisting of part of Project #27 and the surfacing of Beau d'Rue Drive from Old Rahn Road to New Rahn Road consisting of part of ~v~~ ment Project 1119 be, and hreby are accepted; further that the Clerk t:,~ authorized to advertise for bids for said project to be rp.celved and opened on March 18, 1969 at 8:00 o'clock P.M. at the Town Hall. -5- "', " The Board, together with the Police Chier discussed the pro- posed Dakota County Municipal Court Bill to be submitted to the 1969 Minnesota Legislature. It was noted that a public meeting called by the Dakota County Board of Commissioners was set for February 11, 1969 at 9:30 A.M. The Board requested that the Police Chief be present at the hearing. After considerable discussion and upon motion; made by Chairman Klein, seconded by Supervisor Rahn, it was RESOLVED that the Soard of Supervisors of Eagan Township be, and hereby is, opposed to the a~ption of the proposed MUnicipal Court plan as it currently is proposed for the reasons including the following: 1. The Eagan Board favors that the initial judges under the plan be elected rather than being appointed by the Legislature as proposed. 2. It was noted that although adequate distrlbuUon of the pro- posed bill has not been made and the Board has not had an opportuni ty to carefully review the plan and reco~ing that Court reforms are necessary, it appears that many areas of the County will not be convenieri.t1y sexved by the proposed Court locations including Eagan residents. 3. It further appears that the cost of the system is excessivec 4. It was noted that from the Board's understanding that there appears to be a lack of a central co-ordinating authority for assigning cases and setting of trlals. 5.. It is further suggested that a rotation system for judges if the bill were adopted would be desirable. It was FURTHER RESOLVED that the Town Attorney be, and hereby is, directed to draw a resolution concerning the proposed County Court System and upon confirmation by the Board that it be forwarded to the County Board hearing on 'February 11, 1969. -6- The Board discussed the proposed bill presented in the 1969 Minnesota Legislature by the Minnesota Good Roads, Inc. and requested that the Town Attorney call Mr. 80b Johnson requesting a copy of the proposed bill. Upon motion by Supervisor Rahn, seconded by chairman Klein, it was RESOLVED that the following election Judges be, and hereby are appointed for the annual meeting of the Town of Eagan for March 11, 1969: Preci nct I Lucille Atwood 7 - Closing (D) Leota Schwanz 7 - Closing (D) June Ketcham 7 - fI (R) Marjorie Shadduck ,;4 - tI (R) Judy Mil 1 er 5 - II (R) Precinct II Ruth smith Laverne Davi s Genieve Amundson Betty Harrison Barbara Anderson 7 - Closing 7 - Closing 7 - " 5 - " 5 - .. (R) (D) (R) (D) (D) Precinct III Anna. Lou Arneson 7 - Closing (D) Kay Matson 7 - Closing ':" \ .'- Ethel. Grcff " t, (R) Marlene Krekelberg 1 - tI (D) Donna Harmsen II II (n) Eileen Lang 7 - " (R) Eldoris ohm 4 - It (R) Carol Hoffman 4- tl (fd Donna Nicolay 4- II (D) Evelyn Otterness 4- I' (j)) Lorraine Danielson 7 - 11 & 4 - 8 (D) Upon motion by Chairman Klein, seconded by Supervisor Rahn, it '~8S RESOLVED that the Clerk be authorized to purchase furniture for the Township for general purposes and for the Utility Department purposes os proposed to the Town Board. Upon motion by Supervisor ~~hn, seconded by Chairman Klein, it was RESOLVED that an assessment h~aring for sanitary sewer, water au~ storm sewer purposes in Cedar Grove NQ. 6 together with assessment hearing for storm sewer in part of Cedar ~ove No. 5 as outlined on the assesStnell:': roll be and hereby is, scheduled for April 1, 1969 at ~h3C P.I4'..- at' the To;;-]:::. HE'll.. -7- The petition of Colrest Corporation rt:i.1csting sanitary stMer and water service on property lying near the Northwest intersection of Cedar Avenue and Highway #30 was referred to the Town Engineer to dis- cuss with the Highway Department concerning the proposed Highway #36 location running across said property. upon motion by Chairman Klein, seconded by Supervisor Rahn, it was RESOLVED that the Board be~ and hereby is, on record revising the amount of the acreage charge for water trunk purposes including supply storage and main ovef.Fla1u8 to $425.00 beginning in 1969; further RESOLVED that the acreage sewer trunk charge be revised to $225..00 per acre beginning in 1969. Upon motion duly made by Supervisor Rahn, seconded by Chairman Klein, it was RESOLVED that the following resolutions be and hereby are adop ted: 1. That the deficit in the 1964 Town Hall Bond Fund in the sum of $889.00 be transferred from the General Fund to the Town Hall Bond Fund. ~ 2. The deficit sum of $2,250.37 in the Rahn Road Improvement Lund is hereby transferred to a fund to be called the Rahn Road Improvement Debt Service Fund. 3. The Road and Fire Equipment Bond Fund surplus on February 29, 1968 in the sum of $6,222.89 1s hereby transferred to the Road and Fire Equipment Debt Service Fund which on February 29, 1968 had a qeficit of $5,886.41. 4. The Board of Supervisors FURTHER RESOLVES that Bo~rq and Town officials may in their discretion and upon resolution appropriate sur- pluses that accumulate in the Sewer and Water Maintenance ;F\lnd for'twate:: Main Construction~ "Line Oversizing, nt'Water supply and Storage," tlSewag'3 -8- Treatu;ent Planttl, "Maintenance Expensesfl or "Debt Service" purposes as so designated. Upon motion by Supervisor Rahn, seconded by Chairman Klein, it was RESOLVED that all bills as presented be ordered paid. Upon motion, the meeting adjourned. Dated; February 4, 1969. aA; t> / /~ L { -Lc - ... Clerk "( .', .,$~\i! '~"r ~