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02/15/1972 - City Council RegularMINUTES OF REGULAR PIEETING OF BOARD OF SUPERVISORS TOWN OF EAGAN, DAKOTA COUNTY, MINNESOTA February 15, 1972 A regular meeting of the Board of Supervisors, Town of Eagan, Dakcta Cc~Tnty, Minnesota, was held on February 15, 1972, at the Eagan Town Hall, 37QS Pilot Knob Road, Eagan, Minnesota, at which all members were present. The ~ainutes of the previous meeting were approved as distributed. In relation to Police Department business, the Town Attorney dis'trib uted letters prepared by him concerning a review of a proposed employee contract for the year 1972 and a review of the policy and procedures proposed for gover:~• ing the Police Department, No action was taken on either.. Mr. Bill Schultz and two members of the Fire Department appeared and requested that the balance of the nine sections in Eagan now served by the Rosemount Fire Department be taken over by the Eagan department as of April 1, 1972 for fire coverage purposes. It was noted that the new fire station is now ii: operation and that the Fire Underwriters or Insurance Services of Minnesota :~ecoaenerded in light of the additional facilities and equipment that the balance of the Town be covered by the Eagan Fire Department. Upon motion by Uselmann, sFCOndecl by Rahn, it was RESOLVED that the balance of the Town of Eagan now served by the Rosemount Fire Department be assumed for service purposes by the Fagan Fire Department and that a 30-day notice according to the agreement be ser_t to the Rosemount officials terminating that agreement. Upon motion by ttspl:rann, seconded by Rahn, it was RESOLVED that an expenditure of up to $200.00 for equipment for the No. 4 Fire Department pickup be approved. The Fire Department requested that up to $10,000.00 be spent from the 1.972 Fire Department funds for a monitor alert system. No action was taken on fi,~e :natter. The proposed 1972-1973 budget was presented by Mr. Schultz. In addition, Mr. Schultz requested that the Fire Insurance Services of P~innesota be requested to re-evaluate the Town for fire rating purposes. There was no Utility Department business. The Park Committee was represented by Barbara Schmidt and Jan Callenius~: Mrs, Schmidt presented a statement from Urban Planning & Design for park site ~~~ork. In addition, she presented a proposal from Urban Plannir.f; & Design to ;repare an application to HUD for the second phase of the park plan. Upon matwc:~ by Uselmann, seconded by Rahn, aye Klein, it was RESOLVED that the proposal be approved and Urban Planning be hired for that purpose, A letter from the Town Engineer proposing a resolution recommending a park trail system to be sent to the Minnesota Highcaay Department was presented and upon motion by Uselmann, seconded by Rahn, it was RESOLVED that the resoluP tion be prepared and forwarded to the Minnesota Highway Department, It was noted that other property owners in the proposed area of the park trail crossing of 35E near the center of Section 29 on the 200 foot NSP utility easement ha3 indicated they would cooperate in dedicating land for the park trail, Upon motion by Uselmann, seconded by Rahn, it was RESOLVED that the resolution proposed by the Park Board supporting the Dakota County Planning Cemgei.ssion's proposed purchase of 280 acres for park land in the southern portion ~~f Eagan be adopted and forwarded to tree Dakota County.Planning Commission, There were no building permit applications, The Chairman then announced the termination of receipt of bids for: The $954,000.00 Improvement Bonds in 1972; and The $822,000 00 Park and Fire Hall Bonds for 1972. The Clerk opened and Mr. James Olsen of Juran & Moody, Inc., read the bids fcr each of the bond issues; -2- $954,000.00 General Obligation Improvement Bonds in 1972; Dain, Kalman and Quail and First National Bank of St. Paul as manager^ with a net interest rate of 5.1022%; First National Bank of Minneapolis as manager with a net interest rate of 5.117%; John Nuveen & Company, manager, with a net interest rate of 4.9505%. Mr, Olsen recommended the acceptance of the lcw bid.. $822,000..00 General Obligation Park and Fire Station Bonds: John Nuveen & Company, manager, at a net interest rate of 5,236%; first National Bank of Minneapolis, manager, at a net interest rate of 5.4731%; Dai:~, Kalman & Quail, Inc,, and First National Bank of St. Paul, managers, at a net interest rate of 5.3435%. Mr. Olsen tabulated the bids and recommended acceptance of the low bid. After review of the bids and recognizing that the interest rates ap- peared to be extremely favorable, upon motion by Klein, seconded by Uselmann, aye Rahn, it was RESOLVED that the low bid by John Dluveen ~ Company for the $954,000..00 General Obligation Bonds of 1972 and the lo~v bid of John Nuveen & Company for the $822,000,.00 General Obligation Park and Fire Bonds be, and they hereby are, approved and accepted, and further that the good faith checks of other bidders be returned to the respective bidders. Mrs. Frances G1ood appeared concerning her application to divide certain lots and allow one additional single family residence off a private driveway in Treffle Acres. The APC had recommended approval subject to certain condi- Liens. The Board discussed the need for an easement for utilities and the nessibility of connecting to a futuze street within the interior area.. The Board then determined that becac:se a proposal was being submitted at the meeting for a study of the area for street purposes that the matter be delayed unt-%I that study is complete. -3- Representatives of Hepco and Capp Homes appeared on behalf of the Hepco application requesting a building permit for a warehouse on a part of Lot 1, Block 1, Cedar Industrial Park, The APC recommended approval.. The $oard noted that the engineering and electrical plans had not been stamped; that the warehouse would be for plumbing, heating and electrical supplies; that the exterior had been designed for unpainted, plain concrEte block; and that the setback of the building from an R-6 zoned area possibly did not comply with Ilia zoning ordinance. The Board then recommended that the building be designed with a more pleasing esthetic exterior around the total building and asked that the applicant revieca the above items and re-present the application at a later date. Mr. Jerome Hagemeister and Ralph Wohlers appeared on behalf of Land Planning & Engineering Corporation requesting an extension of time for approval of the final plat of Wescott Hills Addition on Yankee Doodle Road, It was noted that the six month time requirement for approval according to the ordinance had expired prior to the meeting, Upon motion by I:lein, seconded by Uselmann, it was RESOLVED that the applicants be given an additional 60-day extension of time to file the final plat, it being understood that the application for approval of final plat will be heard before the Planning Commission at its February meeting. The Board then discussed the proposed replacement of Bill Rydrych as a member of the Eagan Planning Commission,. Upon motion by Uselmann, seconded b;• Rzhn, it was RESOLVED that Jon Marble be, and he hereby is, designated as a replacement for Mr, Rydrych on the Planning Commnission until April I, 1972, which is the balance of the term for Nr. Rydrych. Chairman Klein voted no stating as his reason that NLr. Marble had attended legislative hearings opposing necessary legislation for good administration of Eagan and for this reason i~r. Klein felt he is not deserving of a seat on the Planning Commission. -4- The Town Attorney then requested a resolution of the Town Board authorizing condemnation of necessary parcels under the Park Board's park acquisition program. Upon motion by Rahn, seconded by Uselmann, aye Klein, it was RESOLVED that the Town Attorneys be, and they hereby are, authorized and directed to commence condemnation proceedings for acquisition of parlc lands where negotiations for the purchase of the property is not successful. Upon motion by Uselmann, seconded by Rahn, it was RESOLVED that the Town be authorized to enter into an option agreement with Mr. John O'Toole fcx *tie purchase of 7.25 acres for park purposes. The Board then reviewed the Assessment Committee minutes of February 8, 1972, The Town Attorney was requested to contact Mr. Don Christenson to deter- mine whether he would agree to the assessment of his land at the present time to be deferred until future development of his property according to the Assessment Committee minutes. The approval of the minutes was deferred until the March 7th meeting. The Board then discussed the statement presented by the Metropolitan Sec:er Board to the Tocan of Eagan for 1972 and the proposed methods of payment of t;e bill. No action was taken on the matter. A letter was presented by the Town Engineer concerning the proposal of Urban Planning & Design for the preparation of a proposed layout for streets :Icrth of Lone Oak Road and East of Highway ~~13. Upon motion by Uselmann, seconded by Rahn, Klein abstaining, it was RESOLVED that the proposal of Urban lla~ani.ng & Design, Inc., be approved subject, however, to the proposed developer :f a portion of the area, TIr. Roger Derrick, paying half of the cost, and further that the residents of the area be appraised of the progress of the report during the planning stages. A letter dated February 15, 1972, was presented by the Town Engineer recommending increases in the assessment rates for lateral benefits from trunk -~5- sanitary sewer, water and storm sewer lines and in addition trunk oversize charges. It was noted that due to substantial increases in costs, the 5% to 9% increase in rates appeared substantiated. Upon motion by Uselmann, seconded by Rahn, aye Klein, it was P.ESOLVED that the increase in rates according to the letter of February 15th from the Town Engineer be adopted which increases shall cover all projects for which preliminary reports have been or will be prepared by the Town Engineer after January 1, 1972. The Town Engineer then submitted a request for a permit by Northwestern: ?'ell Telephone Company for installation of buried telephone cable on Silver Be1i Road West of Highway ~k13. It was recommended that the applicant refrain from installation of the cable until the design grade of Silver Bell Road is complete. The Town Engineer then presented a preliminary report covering the Wilmus Properties, Project No. 86, consisting of water, sanitary sewer and storm sewer improvements in portions of Sections 20, 21, 28 and 29. Upon motion by Uselmann, seconded by Rahn, aye Klein, it was PESOLVED that the preliminary report be, and hereby is, accepted and that a public hearing on the report be scheduled for March 21, I97?_, at 8:00 P„M. at the Town Hall. Upon further motion by Uselmann, seconded by Rahn, aye Klein, it was RESOLVED that the preliminary reports for the following projects be, and they hereby are, accepted and that public hearings on the preliminary reports be scheduled for March 21st at 8;00 P.P4, at the Town Hall: A. Project No. 54 consisting of water, sanitary sewer and storm sewer improvements in Cedar Grove No. 8. B. Project No. ~9, consisting of water, sanitary sewer and storm sewer improvements in Cedar Grove No. 11. C, Project No. 76, consisting of water and sanitary sewer improvements near Silver Bell Road and West of Highway #13~ •-6- It was FURTHER RESOLVED that Projects 54 and B9 be combined into Project 54A for bidding purposes. Upon motion by Useligenn, seconded by P.ahn, aye Klein, it was RESOLVED that the slate of prgl5c~sed election judges attached to these minutes be, and they hereby are, approved for the annual meeting on P~iarch 14, 1972, Upon motion by Uselmann, seconded by Rahn, it was RESOLVED that the ~as.ement with WPBC for sanitary sewer purposes across the WPBC property South of Cliff Road be, and it hereby is, approved and ordered signed by the Chairiean and Clerk. The Town Attorney reviewed with the Board a citation served on Brisk Construction Company, a subcontractor for the State of Minnesota, for clearing for proposed I-494, A representative of the Pollution Control Agency requested the Town serve a burning violation citation on the company for violating the PCA alert on February 11th. Because of potential Iegal complications including lack of direct notice to the contractor which had a permit from the Pollution Control Agency and from the Town of Eagan, it way recommended by the Police Chief and the Town Attorney that the matter not be prosecuted which was con- curred in by the Board, Upon motion by Uselmann, seconded by Rahn, aye Klein, it was RESOLVID that the contract with NSP for street lighting at the intersection of Yantcee Doodle Road and Highcaay ~k13 be, and it hereby is, approved, Upon motion by Icahn, seconded by Uselmann, aye Klein, all bills were approved as presented and ordered paid according to t•Iarrants No. 7423 through 7490 and Warrants No. 1029 through 1036 on Account Pdo. 11-010-22. Upon motion made and seconder?, the meeting was adjourned. Dated; February 15, 1972 -7-