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01/04/1972 - City Council RegularMINUTES OF REGULAR FETING OF BOARD OF SUP$RVISORS TOWN OF EAGAN, DA1~TA COUNTX, MINNESOTA January 4, 1972 A regular meeting of the Board of Supervisors, Town of Eagan, Dakota County, Minnesota, was held on January 4, 1972, at 7;30 P,M. at the Town Tull at which all members were present, Chairman Klein presided.. Upon motion made by Supervisor Useimann and seconded by Supervisor P.ahn, the minutes of the previous meeting of the Board were unanimously approved as presented. Chief of Police Martin DesLauriers requested authority to pay for the two new squad cars which had been delivered to the Town. Upon motion made by Supervisor Uselmann and seconded by Supervisor Rahn, it was RESOLVED that the Town Cleric be, and she hereby is, duly authorized and directed to make payment for the two new squad cars. Fire Chief Bill Schultz and Deputy Jerry Adams appeared with respect to Fire Department business., Chief Schultz indicated that DCR was williag to install a sprinitEer system in its building in Cedarvale and had offered to purchase the hydrant and stand pipe. Upon motion made by Chainaan Iileia And seconded by Supervisor Rahn, it was RESOLVED that the Town Engineer be, and he hereby is, duly authorized and directed to make a study of the proposed sprinkling system and report back to the Board, Chief Schultz next reported that the plans had been completed subject to certain changes that the Fire Department and Town Engineer requested for the new fire hall and asked that the plans be put out for bid. Upon motion made by Supervisor Uselmann and seconded by Supervisor Rahn, aqe Klein, iC was RESOLVED that the plans and specifications, subject to changes by the Fire Department and Town Engineer, be advertised out for bids to be accepted February 1,1972 at 2:00 P.1~L Utility Department Superintendent Bill Branch appeared on behalf of the Utilities Department and requested permission to widen the radii of Lone Oak Road in conjunction with the County. Upon motion made by Supervisor Uselmann and seconded by Chairman Klein, it was RESOLVED that the matter be referred to the Town Engineer far study. Chairman Charles Hall appeared on behalf of the Park Committee busi- ness`and reported that Eagan now had five -free skating rinks, three hockey rinks and five warming houses with lights on the hoclcey rinks and three of the five free rinks. He reported that the Cedar Pond rink needs help for the skating rink attendants. Upon motion made by Chairman Klein and seconded by Supervisor Uselmann, it was RESOLVED that the Park Committee be, and it hereby is, authorized to secure appropriate help for the Cedar Pond rink. Chairman Hall requested a special meeting on the entire park acquisi- tion program to be held with. the Chairman and John Voss and Luther Stallard, which meeting was set for Friday, January 7th at 3:30 P.M. at the Eagan office of Stallard & Hauge. Chairman Hall then discussed Urban Planning & Design's proposals for engineering and plans under the HUD application in the first portion of the bond issue. This was referred to the Town Attorney with the request that he bring this to the special meeting on Friday. 1~1r. Hall also stated that the Park Committee had approved the bill of Urban Planning & Design for the HUD application, and submitted it to the Board for their approval and payment. Chairman Hall also stated that the sewer problem in Rahn Park had been resolved and was approved. He also stated that something should be done about an access across 35E in the area of the NSP easement. Chairman I:lein -2- directed the Town Engineer to contact the Minnesota Highway Department about this. Chairman Hall also indicated that with regard to the trail system the Park Committee would like to make a presentation to the Town Engineer prior to the public hearing on Project No. 88, which permission was granted. Chairman Hall requested approval for tQ~e installation of a bird sanctuary to be estab- lished in Rahn Parlc in Cedar Grove No. S, which request had been received from i~It, Calvary Boy Scout Troop No. 509. Permission was granted. Permission was further granted to Urban Planning & Design to proceed with the next set of drawings on the park acquisition program. Chairman Hall next noted that tdilmus Properties, Eagan-on-the-Green and Inland Construction had all agreed to work with the Park Committee on the establishment of a Crail system. Chair- man Hall also reported that the attendants at the skating rinks had all had first aid training and had first aid equipment at all the warming houses. Chairman Hall also advised the Board that both the Burns and Poppler options had been prepared by the Town Attorney and-were ready for execution and requested authority to pay up to 10% of the total cost of the acquisition for the option payment. Upon motion made by Supervisor Uselmann and seconded by Supervisor Rahn, it was RESOLVED that the Town Attorney be, and he hereby is, authorized and directed to execute the t~ao Option Agreements for the acqui- sition of the Burns and Poppler property with authority to pay up to 10% of the total acquisition cost for the option payments. Mr. Dale Peterson appeared regarding building permits and presented a request from Fisher Construction Company for permission to commence grading operations for a period of two weeks for 20 hours a day in the area of Silver Bell Road and Highway No, 13. Mr. Art Chrony appeared on behalf of Fisher Construction Company and Land-Tech Cooperative, Upon motion made by Supervisor Uselmann and seconded by Supervisor Rahn, it was RESOLVED that Fisher -3- Construction Company and Land-Tech Cooperative be, and they hereby are, authorized to commence grading for a two weel: period for 20 hours a day in the vicinity of Silver Bell Road a~ Highway No. 13, subject to revocation if there are substantive complaints from the surrounding residents in the sole discretion of the Board. The following sign permit applications were submitted: 1. New Horizon Homes, Inc., for a 12' x 8' sign to be situated at the Northeast corner of the intersection of Pilot Knob Road and Crestwood Lane, advertising a housing development, at an estimated cost of $200,00. 2, Lawrence Signs, Inc., for Stortcville Children`s Supermart in the Cedarvale Shopping Center, plastic sign 3` x 18'. No estimated cost. 3. tahite Advertising on behalf of Timber Shore Homes to be located one-tenth of a mile North of the junction of Cedar Avenue and 13, 8' x lv' marine plywood sign. No estimate of cost, Upon motion made by Chairman Klein and seconded by Supervisor Uselmann, it was RESOLVED that all of the foregoing applications for sign permits be, and they hereby are, approved and the permits ordered issued upon payment of the appro- priate fees therefor. The public hearing on the application of Rauenhorst Corporation to vacate a portion of Lots 1, 2 and 3, Block 4, Eagandale No. 3, being a portion of Mike Collins Drive, noa~ consisting of an existing drainage and utility eacement which no loner is needed was next commenced. Upon motion made by Supervisor Uselmann and seconded by Supervisor Rahn, it was RESOLVED that the application be, and the same hereby is, approved and the subject property ordered vacated, subject to the dedication of an additional easement for street purposes. The public rehearing regarding restrictions and limitations imposed upon the rezoning of approximately 24 acres in the NEB of Section 4-27-23 from A, Agricultural to C-7., Commercial, upon application of William Heine, John D. Sullivan and IDS Properties, Inc., was next convened. At this time Chairman -4- Klein announced his personal interest in the outcome of the Board action and removed himself from sitting as a member of the Board and thereupon appointed Supervisor Uselmann to act as temporary chairman, Mr. Charles Hall appeared on behalf of IDS Properties, Inc., along with its attorney, Robert Silverman. A letter of intent from IDS Properties, Inc. ,'dated December 28, 19.71, had been received by the Board of Supervisors and was read by the Clerk, Various residents from the area objecting to the previous Board action with regard to the applications also appeared. There was considerable discussion from the floor regarding the proposed action requested by the applicants to remove all the restrictions and limitations placed upon the rezoning at the November 16th public hearing. The Tocra Attorney presented to the Board a form of resolution to be adopted in the event that the restrictions and limitations be ordered removed from the rezoning. Upon motion made by Supervisor Uselmann and seconded by Supervisor Rahn, it was RESOLVED that the resolution as presented be, and the same hereby is, approved and adopted in its entirety and a copy thereof ordered spread upon the minutes of this meeting. It was noted that Chairman Klein resumed his seat on the Board. Upon motion made by Supervisor Uselmann and seconded by Supervisor Rahn, aye Chairman Klein, it was RESOLVID that the following resolution be, and the same hereby is, duly adopted: "RESOLVED that this Board states as a matter of planning policy that it does noC intend to permit an expansion of commercial zoning to the South of the Northerly line of the existing golf course and the Oster property in Section 4-27-23 so as to in any way jeopardize a reasonable use of the sur- rounding residential property." Chairman Klein then directed that a copy of the letter of intent from IDS Properties, Inc., Ue attached to the minutes of this meeting, -5- tor. David Carroll appeared on behalf of the application of Glall Corporation for a mobile home park permit under Ordinance No. 2 for construc- tion of a mobile home part; near the Northwest corner of 4lestcott Road and Highway No. 49. It was noted that the hearing on the application had been continued from the December 7th Board meeting and further that the Advisory Planning Committee recommended denial. The matter was discussed at some length following the presentation by Mr. Carroll in support of the application, and there were a number of residents who spoke in opposition to the applica- tion. It was noted that prior to consideration of the application Chairman Klein removed himself from the Board because of a personal interest in the outcome of the application. Upon motion made by Supervisor Rahn and seconded by Supervisor Uselmann, it was RESOLVED that the application be continued until the February 1st Board meeting for further study by the Board... Mr. Arnold Carlson appeared on behalf of his application for an excavation permit for the proposed Wilderness Run Third Addition East of Pilot Knob Road. There was no objection to the application. Upon motion made by Supervisor Rahn and seconded by Supervisor Uselmann, it was RESOLVED that the application for an excavation permit be, and the same hereby is, authorized and ordered issued upon payment of the appropriate fees therefor. The Town Attorney reported that the Inver Grove Heights--Tocan of Eagan Water and Sewer Agreement had not been approved as-yet by Inver Grove Heights.. Chairman Klein directed that the matter be set over until the January 18th Board meeting. The Town Engineer presented his preliminary report for Improvement Projects Nos. 88 and 90. No formal action was talcen. The Town Attorney next presented his report on the recent Attorney General's opinion relating to the preparation of plans and specifications by architects and engineers. The Town Attorney explained the contents or the -G- Attorney General's opinion and it was noted that in all future construction in excess of $30,000.00 in Eagan Township, except for residential dwellings, the plans and specifications are required to be prepared and stamped by a registered architect or engineer, as the case may be. ,The Town Attorney next presented amendments to Ordinances Nos. 11, to and 31. Upon motion made by Supervisor Uselmann and seconded by Supervisor Rahn, it was RESOLVED that the amendments to Ordinances Nos,. 11, to and 3I be, and they hereby are, duly approved and adopted as presented and ordered pub- lished according to law. The To~,m Engineer presented Change Order No. 1, Project 50, Part 1, in the amount of $5600.00. Upon motion made by Supervisor Uselmann and seconded by Chairman Rlein, aye Rahn, it was RESOLVED that Change Order No. 1, Project 50, Part 1, in the amount of $5600.00 be, and hereby is, duly approved. The Town Engineer further submitted the following additional change. orders with request for approval: 1. Ballantrae for mechanical compaction at an additional cost of $2310.00 for Project No. 63. 2. Project No. 5u, Part 5, Change Order No. 1, Selmark Addition, in the amount of $35,01.7.30. 3. Change Order No. 2, Cedar Grove T•later Systems, six locations and widening Yankee Doodle Road, $12,731.58. Upon motion made by Supervisor Rahn and seconded by Supervisor Uselmann, aye Klein, it was RESOLVID that the foregoing change orders be, and they hereby are, duly approved upon the recommendation of the Town Engineer, Merlin Barfnecht applied for renewal of a special use permit to Con- duct tire sales from his garage. Upon motion made by Supervisor Uselmann and seconded by Supervisor Rahn, it was RESOLVED that the special use permit is- sued on an annual basis be, and the same hereby is, renewed for the year 1972. -7- Beure'-Co, submitted its application for a sign permit to place a sign B' x 1G' advertising the Hillandale Project on LoC 1, Block 2, Hillandale Addition on Blackhawlc P.oad. Upon motion made by Supervisor Uselmann and seconded by Chairman ILlein, it was RESOLVED that the sign permit application be, aid the same hereby is, approved and the permit ordered issued upon payment of the .appropriate fees therefor. The Town Cleric advised the Board that tlilmus Properties had requested a North-South road be installed at their expense on their property. Upon motion made by Supervisor Uselmann and seconded by Chairman Klein, it was RESOLVED that the request for new road by Wilmus Properties be referred to the Town Engineer for study and report. The Town Clerk then discussed with the Board the proposed budget re- vision in view of the shortness of funds now determined. Upon-motion made by Supervisor Uselmann and seconded by Supervisor Rahn, it was RESOLVED that the budget revision in the amount of $325,915.00 be, and the same hereby is, duly approved and certif3.ed. The Town Clerk next suggested the combining of the checking accounts at the Valley National Bank upon advice of the Town Accountant. Upon motion made by Supervisor Uselmann and seconded by Supervisor Rahn, it was F.ESOLVED that the Town Clerk be, and she hereby is, authorized and directed to combine the bank accounts according to recommendation of Town Accountant and to close Account No. 11-01073. The Town Attorney was directed to check the platting and subdivision ordinance to determine whether it required the applicant and subdivider to provide the Town Cleric with the acreage area of each lot in the proposed plat before final plat approval. Upon motion made by Supervisor Uselmann and seconded by Chairman I:lein, it was RESOLVED that Ordinance No. 10 be amended if, in fact, the appropriate requirement was not contained in the Ordinance. -8- however, the Town Attorney determined that Section 10.03, subdivision Z F does require the submission of this data by the subdivider. Upon motion made and seconded, all bills were approved as presented and ordered paid according to LJarrants No. 7135 through 7231, Account No. 11-01022 and ~•Iarrants No. 1001 through 1009, Account No. 11-01073. Upon motion made and seconded, the meeting was adjourned. Dated: January 4, 1972 .~.~ , ~ y~,Z~ ~ ~~~~ -9-