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04/06/1971 - City Council RegularMINUTES OF REGULAR MCETING OF BOARD OF SUPERVISORS TOWN OF EAGAN, DAKOTA COUNTY, MINi~IESOTA April 6, 1971 A regular meeting of the Board of Supervisors, Eagan Township, Dakota County, Minnesota was held at the Town Hall on April 6, 1971 at 7:30 P.M. at which all members were present. Chairman Klein presided. Upon motion duly made by Supervisor Uselmann._ seconded by Supervisor Rahn, the minutes of the previous meeting were unanimously approved as presented. The Board thereupon by secret ballot cast votes for Chairman of the Board of Supervisors to serve until the next annual meeting of the Ta;tn or until his successor is duly elected and Qualified. The Clerk announced that the re- salts of the ballot re-elected Mr. John Klein as Chairman for the ensuing year and Chairman Klein thereupon appointed Supervisor Rahn to serve as Vice Chair- maa. Mr. John O'Toole from the County Assessor's office appeared in regard to abatements. Upon motion of Supervisor Uselmann, seconded by Supervisor Rahn, the abatements as presented and attached to the minutes were approved. Fire Chief Schultz appeared on behalf of the Fire Department with regard to the new fire station lease. The Town Attorney presented to the Board the new zevised Eagandale Industrial Park Fire Station lease with Expressway, Inc. Upon motion duly made by Chairman Klein, seconded by Supervisor Rahn, it was RESOLVED that the lease be, and the same hereby is, duly approved as pre- sented and ordered executed. Fire Chief Schultz then arequested the Board to appropriate $390.00 for the Fire Department to send firemen to fire school for further training. Upon motion duly made by Chairman Klein, seconded by Supervisor Uselmann, it was ABSOLVED that the Fire Department be, and it hereby is, authorized to spend up to $390.00 to send firemen to fire school for further training. Police Chief Martin Destauriers appeared on behalf of the Police Department and requested that the Board permit him to hire two additional part- time police officers at not to exceed $375,00 per month for both. Upon motion duly made by Chairman Klein, seconded by Supervisor Rahn, it was RESOLVED that the Police Department be, and it hereby is, duly authorized to hire two addi- tional part-time officers with a total monthly pay of not to exceed $375.00 per month. Chief DesLauriers further stated that the parties involved in Jane s Sauna were present and recommended that the sauna operation be closed immediately due to charges made by the Police Department that immoral acts had been com- witted at the sauna. Mr. I.ichard Grayson, attorney, appeared on behalf of the owners of the building, namely, John Deane, Carl Lindstrand and Bruce Lager. George Rcedler, attorney, appeared on behalf of Wesley Uptoa, the tenant and operator of the sauna. Upon motion duly made by Supervisor Uselmann, seconded by Chairman Kleia, it was unanimously ordered that the sauna operation be temporarily suspended and closed subject to further investigation and the issu- ance of s special use permit for the conducC of any future operation of a similar nature at this address. Utility Department Superintendent William Branch appeared with regard to water and sewer hookups. Ae requested that the hookups be made at the time the sewer and water lines are installed because of the problem in monitoring the hookup charges ate also as far as metering for current utility use. Upon motion duly made by Chairman Rlein, seconded by Supervisor Uselmann, it was RESOLVED that Superinte~ent Branch be, and he hereby is, authorized and direc- ted to prepare a policy statement regarding the time element in all water gnd sewer hookups and as to metering of the services available, which policy • 2- statement shall be spread upon the minutes of this meeting and duly posted in - the Town Ball for the availability of all residents. Mr. John Voss and Barbara Schmidt, representing the Park Committee, requested that the Board set the public informational meeting on the proposed park bond issue for May 19, 1971 at ?:30 P.M. at Northview School and that the election be held on May 25, 1971 between the hours of 7:00 A.M. to 8:00 P.M. a~: the regular polling places. The Town Attorney also presented the initial form of bond resolution, certification of minutes, the notice of election, the affi- davit of posting notice and the sample ballot. Mr. John Voss indicated that the parlc bond proposal booklets would be mailed by May I2, I971 so that they would be available to the Board and the residents prior to the informational meeting and the bond election. Chairman Klein further directed that the letter covering the park bond issue report be approved by the Board prior to its mailing. Upon motion duly made by Supervisor Uselmann, seconded by Supervisor Khan, it was RESOLVED that the Public Meeting be held on May 19, 1971 at 7:30 P.M. at the Northview School and that the bond election be set and notice pub- lished and posted for May 25, 1971 between the hours of 7:00 A.M. and 8;00 P.M. with votiag to be at the regular polling glaces and that all of the resolutions, certifications, extracts, notice of electioa, affidavit of posting and sample ballot be and they hereby are, duly approved as presented. The applicatfon of Elmer Scott for a building permit for a pole shed was submitted. Upon motion duly made by Chairman Kleia, seconded by Supervisor Rahn, it was RESOLVED that the building permit for such pole shed located on the Clarkson pxoperty for agricultural use only in the amount of $10,000.00 be, and the same hereby is, duly approved and ordered issued upon the payment of the appropriate fees therefor. •3~ The application of Roger Weierke for a sign permit application was submitted for Cliff Road Sports, Inc. Upon motion duly made by Supervisor Uselmann, seconded by Supervisor Rahn, it was RESOLVED that the three sign permit applications be, and they hereby are, duly approved for Cliff Road Sports, Inc., said signs to be situated at Highway #~3 and Cliff Road, Pilot Knob Road and Cliff Road, and Cliff Road and Old Dodd Road upon payment of the appropriate fees therefor. The application of Cooperative Power Association for a building permit for an electric substation on the Arnold Carlson property East of Pilot Knob Road was submitted. It was noted that the Advisory Planning Committee recom- mended approval. Upon motion duly made by Supervisor Rahn, seconded by Super- visor Uselmann, it was RESOLVED that a building permit for construction of an electrical transmission substation in the South 300 feet of the West 600 feet of the NW's of Section 27-77-23 and the North S3 feet of the West 600 feet of the SW~ of Section 27-2 723 be, and they hereby are, duly approved and the permit ordered issued upon payment of the appropriate fees therefor.. Shelter Development Corporation appeared and presented their recrea- tional facilities proposal for the Ballantrae Apartments near Silver Bell Road. It was noted that the Advisory .Planning Committee recommended approval. Upon motion duly made by Supervisor Uselmann, seconded by Chairman Klein, it was RESOLVED that the proposed recreational facilities plan for voluntary apartment addition near Silver Bell Road be, and the same hereby is, duly approved. Mr. Don Getz appeared on behalf of the application of Hi«Site, Inc. for street paving and finishing in Effress Addition. Upon motion duly made by Supervisor Uselmann, seconded by Supervisor Rahn, it was RESOLVED that the Town Engineer be, and he hereby is, duly authorized and directed to prepare a pre« liminary report on the requested street improvements in Effress Addition for submission to the Board of Supervisors. -4- ~, Mr. Donald Cetz next appeared on behalf of Hi-Site, Inc. for sign per- mits to construct the following signs: 4' x 8' double sign at the intersection of Rahn Road and Highway ~k13 and a 12' x 20' sign at the intersection of Yankee Doodle Road and Highway X13; a directional 1~' x 3' sign at the intersection of Yankee Doodle Road and Pilot Itnob Road; and an o~site building sign a' x 8'. Upon motion duly made by Supervisor Rahn, seconded by Supervisor Uselmann, i~; r was RE50LVED that the sign permit application as requested be, and hereby is, approved for a, period of one year as and from riay 1, 1971. The Town Attorney submitted a proposed amendment to Section 10.05 of Subdivision Ordinance X10. rsr. James Druick appeared on behalf of Shelter Development Corporation to discuss the proposal for amendment. The matter was discussed at length by the Board and the Town Attorney, wha revealed the past history of the amendment and pointed out additional changes which he recommended with regard to R,1 through P~-3, Residential, and pointed out that the dollar amount-for the cash contribution substitute was still open. Supervisor Uselmann thereupon moved that the cash contribution substitution be in the sum of $50.00 per unit far all R-4 through R-6, Multiple Residential developments. There was no second to the motion and therefore it was defeated. The matter of a dollar amount compromise was then discussed by the Board, Upon motion duly made by Supervisor Uselmann, seconded by Supervisor Rahn, it was RESOLVER that the amendment to Section 10.05, Subdivision Ordinance No. 10, be, and the same hereby is, duly approved and adopted as presented by the Town Attorney with the inclusion of a $40.00 per unit contribution in lieu of land contribution for ali R-4 through R-6, Multiple Residential developments. The Town Engineer reported that he had been advised by Northern State~~ Power Company that the request for overhead power lines in the Coachman Road apartment area had been withdrawn since NSP had agreed to put in underground power lines. No formal action was taken. ~~~ Mr. Jean Parranto appeared on behalf of Cedar Grove Construction Company with regard to the requested park land near Rahn Park containing ap- ~ proximately I2.5 acres. The Tawn Attorney advised the Board that he had recently conducted further preliminary negotiations with Mr, Parranto on behalf of Cedar Grove Construction Company and that the loceest price which the Company would offer to sell its property to the Township for was $b500,00 per acre. Chairman Klein referred the acreage computation to the Town Engineer in view of an apparent discrepancy in calculation as to the actual land area. The Board of Supervisors tools the matter of the offer of $b500,00 per acre under advisement. No formal action was taken. The application of Rauenhorst Corporation to rezone 40 acres at the SW corner of Lone Oak P.oad and proposed I35E near Lemay Lake, from R-4 to R-b, Multiple Residential, for the setting of a hearing date. Upon motion duly made by Chairman Klein, seconded by Supervisor Rahn, it was RESOLVED that the application be set for public hearing on April 20, 1971 at 8:00 P.M. The application o£ Metram Properties Co. to rezone certain property in Section 17 near Silver Seil Road and Highway #13 from R-1 to R-4, Townhouse Residential, was presented for a hearing date. Mr. Clayton Miller appeared requesting that it be set for April 20th, Upon motion duly made by Chairman Klein and seconded by Supervisor Rahn, it was RESOLVED that the hearing on Che application far rezoning as aforesaid be set for April 20, 1971 at 3:00 P.M. The Town Attorney presented a proposed resolution for submission to the Pollution Control Agency of the State of I•Sinnesota relative to the proposed public hearing relating to exempted areas covered by the burning ban. Upon motion duly made by Supervisor Rahn, seconded by Supervisor Uselmann, it was RESOLVED that the Town Attorney be, and hereby is, directed to prepare a report for the Board and for the Chief of Police and Fire Chief regarding the whole ~6~ burning situation in Eagan Township and its relation to the Eagan burning ordinance and the Pollution Control Agency's rules and regulations. The Town Attorney then advised the Board of Supervisors briefly of the status of the litigation entitled Town of Eagian vs. Cedar Grove Utilities Co;. and requested that a determination of the Board be made as to what future proceedings should be had in view of the formal report by the Board of Arbitra- tion which had been filed caith the District Court, Dakota County. Upon motion duly made and seconded, it was RESOLVED that the Town Attorney be, and he herebST is, authorized and directed to prepare a notice of informational meeting and together with the Toc~ra Cleric schedule this meeting for the Cedar Grove Elemen- tary School on either April 71, 22 or 23 at 7:30 P.I4, The Town Attorney then presented the formal contracts covering Public Improvement Project ~G1. Upon motion duly made by Supervisor Uselmann, seconded by Supervisor Rahn, it was RESOLVED that the contract be, and the same hereby is, duly approved and ordered executed as presented and recommended by the Town Attorney. The Town Attorney next presented a form of resolution requesting the Dakota County legislators to submit appropriate legislation basing the Town's share of the state cigareete and liquor tax apportionment on the 1970 census vs. the current method of utilizing the 1965 census. Upon motion duly made by Supervisor Rahn, seconded by Supervisor Uselmann, it was RESOLVED that the resolution as presented be, and the same hereby is, duly approved and ordered submitted to the appropriate legislators. Mr. Robert Hiplcins residing on Kost Road appeared with reference to a drainage and ditch problem on the East end of ::ost Road. He stated that there was no ditch for approximately 400 feet along the road and no adequate drainage on the East end thereof. Upon motion duly made by Supervisor Uselmann, -7- seconded by Supervisor P,ahn, it was RESOLVED that the matter be referred to the Town Engineer for further study and recommendation back to the Board. The Town Engineer requested that bids be received on Public Improvement Project #5S, Part 5, on I~ay 7 at 3:00 P.M. Upon motion duly made by Chairman I:lein, seconded by Supervisor Uselmann, it was RESOLVED that the plans and specifications of said Project #58, Part 5 be, and they hereby are, duly approves. for trunk sanitary sewer extension and authorizing the reception of bids on May 7, 1971 at 3;00 P.I2. at the Town Hall. The Town Engineer next requested approval of the plans and specific~A tions for ProjecC #5E, Part 2, and the authorization for receiving bids on 1 May 17, 1971 at 3:00 P.M. Upon motion duly made by Chairman Klein, seconded by Supervisor Rahn, it was RESOLVED that the plans and specifications as sub- witted for said Project #58, Part 2, be, and they hereby are, duly approved for the extension of sewer and c~aater South of Yant:ee Doodle Road and including Falconshire Apartment complex (DeBoer); and FURTHER RESOLVED that bids be received on the proposed project an May 17, 1971 at 3;00 P.M. at the Town Hall; and FURTHER RESOLVED that a public hearing be held en the proposed im- provements on May 18, 1971 at 8:00 P.M. oa the sewer and water laterals. The Town Engineer then requested approval of the plans and specifica- tions on Public Improvement Project #63, sewer and water laterals to serve the Ballantrae apartment project for May 14, 1971 at 3;00 P. kI. Upon Motion duly made by Chairman Klein and seconded by Supervisor Uselmann, it was PESOLVED that the plans aced specifications as submitted for public Improvement Project #63 be, and the same hereby are, duly approved for sewer and water laterals to serve the Ballantrae Addition; and FURTHER RESOLVED that bids for the project be received on May 14, 1971 at 3:00 P.M, at the Town Hall. The Town Engineer next proposed the setting of a public hearing on proposed Public Improvement Project #68, water trunk, near McCarthy Ridge. It ,g.. was noted that a public hearing on this proposed project had been held on March 30, 1971 at which time the hearing was ordered closed because of objec- tions. Upon motion duly made by Chairman IClein, Seconded by Supervisor Uselmann, it was RESOLVED that a public hearing be again held on said Project ~~Gg on May 4, 1971 at 0;00 P.Y~[. to reconsider the proposed project. Upon motion duly made by Chairman Klein, seconded by Supervisor Uselmann, it was RESOLVED that the dog pound agreement with Zehnders I:ennels be, and the same hereby is, ordered cancelled in all things; and it was FURTHER RE50LVED that the Silver Emblem Kennels be, and it hereby is, authorized and designated the official Tocan Dog Paund and Catcher for Eagan Township-upon the same terms and conditions as contained in the agreement with Zehnder I:ennels. Upon motion duly made by, Chairman Klein, seconded by Supervisor -~. Uselmann, it was RESOLVED that Police Chief I•iartin DesLauriers be, and he hereby is, duly appointed as an agent of the Township to make claim for Federal Fund reimbursement for the training of police officers under the existing Federal grant. Upon motion duly made by Supervisor Rahn, seconded by Supervisor Uselmann, it was RESOLVED that the Valley National Bank be, and it hereby ~.s, duly designated as the official depository for funds of the Town of Eagan for the current fiscal year. A sign permit application for the Fox Ridge Apartments was presented. Upon motion duly made by Chairman IClein, seconded by Supervisor Uselmann, it was RESOLVED that the application for a sign for the Fox Ridge Apartments to be located on their property on Yankee Doadle P.oad be, and the same hereby is, approved and ordered issued upon the payment of the appropriate fee therefor. Upon motion duly made by Chairman Iaeiny seconded by Supervisor • ,.. , Uselmann, it was RESOLVED that $20,400.00 out of Town Fund ~6 afid $1,740 from Totan Fund 4~7 be transferred to the generrs~L re~esttie fr~ad" for 9dmiaistrative .. g• expenditures and that such transfer be, and it hereby is, duly approved and authorized. Upon amotion duly made by Chairman IClein, seconded by Supervisor Rahn, it was RESOLVED that ~lestern Casualty and Surety Company be forthwith advised to extend Workmen's Compensation coverage to each member of the Board of Super- visors, the Town C1erI; and Town Treasurer. Upon motion duly made by Supervisor Rahn, seconded by Supervisor Uselmann, it was RESOLVED that warrant numbers SG32 - 56&$ drawn on bantc account 11-01422 and warrants numbered 819 through j21 drawn on bank account 11-01-073 in payment of current bills of the Township be, and the same hereby are, duly approved. Upon motion made and seconded the meeting was adjourned. Dated: April v, 1971 ,~.~- .Q3.-~.~. Town Clerk r lOr