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05/16/1972 - City Council RegularIiITdUTL."~ OP I;EGULAR 1IEETIP3G Or SOA1:D C~ SUPEP•VISORS TOt•T1 O:i ELiGAN, DAKOTA GOUITTX, IIIiI"i~SOTA F~iay 16, 1972 A regular meeting of the Board of Supervisors, Town of ia~an, llalcota County, Minnesota, eras held at the Tocm Hall on I-gay 16, 1972, at 7: ~0 o'cloc!: P.i-I. at which all members crate present. Chaiz-man ^ahn presided. Upon motion made by Supervisor Uselmann and seconded by Supervisor Rydrych, it was P.ESOLVPSD that +:he minutes of the prey vious meeting of Che Board of supervisors be, and they hereby are, duly approvec' and adopted r~ith the one correction on the first page thereof chancing "County 30" to "County 31.`~ There was no Police Department business and no building permits. Dire Chief 7ii11 Schultz appeared and submitted specifications on a fire alerting monitoring system. Upon motion made by Supervisor Uselmann~-arid seconded by ChaiL-man P.ahn, it teas, P,E50LViD to refer the specifications to the Toc~m L~n;ineer for study and recommendation. 1~ir. James Olson, ri;,cal Consultant, appeared and presented the pro- posed bond issue covering Public Improvement ??rojects ~1os. 5G•, 3U Part 1 and v~ Hart 2. Upon the recommendation of the liscal Consultant and upon-motion by Chairnean Rahn and seconded by Supervisor Uselmann, aye P.ydrych, it ~~1as RESOLVED to accept the recommendation of the ~iscal,Cansultant for the issuance of bonds is the amount of $1,131,000 for Public Improvement Projects Nos. 54, ~3 Part ? and 33 Part 2 on a 20 year maturity basis, Project v£3, Part l and Part 2 to be fatally assessed against benefited property and the time of the sale to be 7; 30 P.T•1., June 13, 19'~~,, at the Tocrt~ Hall. Superintendent of Public tlorks ~Iilliam Branch appeared and recommended the upgrading of Beau de P.ue Drive and portions of the roads throubh the Cedarvale Shopping Center. ~:e stated that the ;roads needed rebasing, curbs and new surface. Upon motion made by Cupervisor Jselmann and seconded by Chai~.°man rahn, it etas I'.ESOLVED to •reier the matter to the Town Engineer for study and recommendation. Superintendent Branch also requested the Board to permit him to hire one additional. person for parlt maintenance. Upon motion made by Chairman Cahn and seconded by Supervisor Uselmann, it was P.ESOLVI;D that the Superintendent of rublic i7orits be, and he hereby is, authorized and directed to hire one additiona~ man for the parlt maintenance job on Che same sa],ary schedule as other mainten- ance personnel. superintendent Blanch further requested that he be authorized to pur- chase a radio relay station secondhand for the price of approximately $300.00 plus installation cosh . Upon motion made by £upervisor Uselmann and seconded by Chairman P.ahn, it was I;L~SOLV>;D that the re^..uest for purchase upon recommenda- tion by the Public TJorlts Superintendent of a radio relay station for the sum of approximately ;300.00 installation be, and the same hereby is, approved. Superintendent Branch also indicated that the South Oal:s Addition i~as in need of oiling on the steep hillsides. It ~,ras indicated that requests had been made of the owner to do this, but without success. Chairman Eahn referred the matter to the To~•m Engineer with directions to contact the owner to get the job done. Air. Larry Strohkirch appea~•ed on behalf of the Partt Committee. Y~r. utrohkirch suggested that the Town Bngineer and Toc~m Attorney in acquiring nti7.ity easements should increase the width o£ the easements from 30 feet to SO feet in order to aid in the trail program. The Town Engineer recommended against this extension and that the Toc~n stay taithin the 30 foot easement ror sewers based upon previous experience in obtaining these. The Board thereupon -2- denied the request of the Parlc Committee. Upon motion made by Supervisor Uselmann and seconded by Supervisor 1'.ydrych, it way i~ESOLVED Chat the proposal for the first phase of the park development plan be, and the same hereby is, approved and the payment the~:efor be made to Urban manning ~ i?esign. N:r. and T~Irs. Lloyd Flog~tad appeared regarding the execution of an agreement covering the operation of the day care center and nursery school at Blaclchawtc Circle in Cedar Grove No. 8 and also at the N:ount Calvary :~utheran Church on Rahn F.oad. It was noted that no letter had been received from Nr. Delientheis of Cedar Grove Construction Company indicating acceptance of the operation. However, the Clerk had spoken arith Aga'. Delientheis and h~ declined to offer any letter. Upon motion made by Supervisor Uselmann and seconded by Supervisor Rydrych, it was '~SOLV~D that the operating agreement as presented by the Town Attorney and executed by the Flog tads be, and the same hereby is, approved and the Chairman and Clerk directed to e.cecute same on behalf of the Tocm subject to the applicants' placing a 2' ~c 4' sign at the day care Center location in Cedar Grove AIo. 8 indicating that a nursery and day care center was being operated at that location, such sign to be issued under variance from the sign ordinance for a period of one year subject to annual renewal. Mr. Virgil Schaaf appeared on behalf of hip application for a special use permit to operate an office and construction equipment repair and storage facility on his property on Highs~~ay ai55. It was noted that the current zoning of said property was A, Agricultural, although there were a number of single family residences in the immediate vicinity of the property in question. Nr. F. Huml appeared in opposition to the application. It was also noted that the original application was for a rezoning of this property to C-1, Commercial, x~ ~rerpdt this c'~ation. After discussion with the Board.the apAlicant with- drew his app~~ration for rezoning. Upon motion made by Chairman ahq and -3- seconded by Supervisor Uselmann, it was RESCLVPD that a conditional use permit be granted for the conduct oY the construction equipment repair and storage business along with office space on the property in question limited, however, to the applicant and his immediate family, and upon the condition that there would be no outside storage once the facility was complete. Supervisor Rydr ch voted no. It was pointed out to the applicant that upon the sale or transfer of the facility and/or business to anyone outside the immediate Schaaf family, the conditional use permit would be deemed automatically revolted with the understanding that in the event of the sale of the property the new owner c•~ould have the right to apply for renewal of the permit. The Board next considered the appointment pf three members to the nec~~ly formed Hospital Committee to study medical facilities for Sagan Township. Supervisor Uselmann nominated David Lundsten, Peg Black and Joe Krisnilt. Upon motion made by Supervisor Uselmann and seconded by Chairman Rahn, it was P.E~OLVED that the three individuals named, David Lundsten, Peg Black and Joe I:risnik, be, and they hereby are, appointed to the three member Hospital Commit- tee to serve on an annual basis, the appointments to be deemed confirmed upon acceptance by the individuals. The Town Clerk was directed to contact each member for this purpose, The Town Attorney requested that the matter of considering the legality of fuCUre policy for connection charges in apartment developments be continued for further study until the June Gth Board meeting. The Board indi- cated that the Town Attorney should meet with the Town Clerk and the Town ngineer in an effort to resolve the technical problems and formulate a worlt- able policy within the framework of the law. The Town Attorney rendered his report on the question of the taxability of the proposed new U.S. postal station.~~ P.~uenhorst Industrial Parlt. He ~~r indicated that the p~_operty crould not be ta::able because it was otoned by she U. C. Postal Service t~hich is tax e.:empt. Upon motion made by supervisor U~elmann and seconded by Chairman ahn, it t•~as P.ESOLVED that upon the ;-ecorumendation or the Town Engineer the Town lttorney contact DeBoer A:,sociates to grade the streets in i~alconshire i{irst 1`~ddition for sec•~er and water installation and 3f no response is received, the contract as between the Town and Arson Construction •~or water and sewer laterals be teLZninated and T'UP.THEP. I,.I:aUOLVED that the Tot~n E:,ttorney be, and he hereby is, directed to take the necessary steps to terminate the contract and to assess the te~-snination costs in the approximate amount of Yi5,000.00 against the Falcvnshire property. The Board, upon the recommendation of the Town Cleric, directed the Toum Attorney to prepare a development progress checiclist to be Icept by the Cleric so that at each point in the development of a px•oject the Board cJOUld have a record of rahat steps and procedures had been tai:en by the developer. The recommendation of vupervisor %ydiych •relative to street li~hi.ing at major intersections way discussed, and Police Chief Iartin DesLauriers appeared in support of the recommendation. Upon motion made by Supervisor Uselmann and seconded by Supervisor I'~ydrych, it cias F.ESOLVED that the Chief of Police be, and he hereby is, authorized and directed to re:Iuest cost estimates from both Pdorthern States Pocaer Company and Dal:ota County Electric Coop for street lighting at the places indicated on the map submitted c~~hich was to be forc•~arded to the tc•~o poorer companies. The Town Engineer presented to the Board the corrected Iow bid figures for Public Improvewent °rvjects 3~: and 33, Parts l and 2, with a copy of the bide for each project attached to these minutes. Upon motion made by Supervisor Uselu~ann and seconded by Chairman Rahn, aye ~;ydrych, it was ~.E50LVI;D that the -S- bid of Austin Keller Construction Company for Public Improvement Project No. 8v, Part 1, in the amount of $li~S,426.00, the bid of idodland Construction Company on Public Improvement Project No. 3U, fart 2, in the amount of $30?,960.00 and the bid of Eric'.cson Construction Company on Public Improvement Project No. 54 (Cedar Grove No. £ secaer and water) in the amount of $2.I6,7g4.75, all being loc~~ bidders for the projects indicated, be, and they hereby are., approved and the contracts awarded to the three construction companies indicated. The Town Attorney submitted the purchase options on the .Janet Kehne, Joseph McCarthy and Anthony Caponi properties For park land and recommended that the options be exercised and the purchase agreements executed. Upon motion made by Supervisor Uselmann and seconded by Supervisor P.ydrych, it was PESOLVED that the Town Attorney be, and he hereby is, authorized and directed to arrange for exercising the IZehne, P~.cCarthy and Caponi land purchase options and executing the purchase agreements and the Town Cleric authorized to issue the appropriate funds therefor; and FURTHER PLESOLVED that Urban Planning & Design, Inc. and the Town Attorney proceed to secure the park funds from HUD previously Applied for. The Town Attorney next presented a resolution directed to the St. Paul City Council and the Minnesota Commissioner of Highways in support of the con- struction of segments of Interstate 35E from Lexington Avenue North to Inter- state 94 and from Highs~ay 100 South to Interstate 35:T. Upon motion made by Supervisor Uselmann and seconded by Supervisor Rydrych, it was RESOLVED that the resolution as presented be, and the same hereby is, duly adopted and a copy thereof ordered spread upon the minutes of this meeting. The Town Engineer then recommended that the Town approve the ac~isi- tion of a sewer easement from the riichael J. ricCarthy family on property at t~!! Southwest intersection of Deerwood Drive and Pilot Knob Road being part of Public Improvement Project No. 88, Part 2, at the rate of $1,000.00 per acre fpr -6- permanent easement and $500.00 per acre for temporary easement together with loss of crops or a total of $8,000.00. Upon motion made by Supervisor Uselmann " and seconded by Chairman Rahn, it was RESOLVED that the Town Engineer and Town Attorney be, and they hereby are, authorized and directed to secure a sewer easement from the ticCarthy family at the above amounts. Upon motion made by Chairman Rahn and seconded by Supervisor Uselmann, it was RESOLVED that the proposed sale as recommended by the Town Fiscal Con- sultant of General Obligation Certificates of Indebtedness in the total amount of $62,000.00 as previously presented be, and the same hereby is, duly approved. Upon motion made by Chairman Rahn and seconded by Supervisor Uselmann, it was RESOLVED that the Town Attorney arrange a special meeting between the Board and Cedar Grove Construction Company to consider the matter of the con- veyance of the park property in Cedar Grove No. ~, the grading situation and other matters that the Board desires to resolve with Cedar Grove Construction Company to be held at 7:30 P.M. on Tuesday, May 2~, at the Town Hall; and it was FURTHER RESOLVED to meet with Ken Appelbaum in regard to the development of nhase IT of Bunker Hill at 7:00 P.M, on Tuesday, gay 23. Upon motion made by Supervisor Uselmann and seconded by Chairman ahn, it was RESOLVED that upon the recommendation of the Town Engineer the Town Attorney contact DeBoer Associates to grade the streets in Falconshire First Addition for sewer and water installation and if no response i:; received, the contract as between the Town and Arcon Construction for water and sewer laterals .~ be terminated; and FURTHER RESOLVED that the Town Attorney be, and he hereby is, directed to take the necessary steps to terminate the contract and to assess the termination costs in the approximate amount of $15,000.00 against the Falconshire property. The Board, upon the recommendation of the Town C~erk, directed the -7- Town Attorney to prepare a development progress checklist to be kept by the Cleric so that at each point in the development of a project the Board would have a record of what steps and procedures had been taken by the developer. The Town r,agineer next presented a streeC plan for Pilot I:nob Proper- ties, Inc. for the Timbershore area and recommended the approval of the plans and specifications for street improvements to be known as Public Improvement Project No. 90, Pilot ICnob Heights Addition, and that bids be taken on rionday, June 19, 1972, at 3:00 P.M. at the Town Hall. Upon motion made by Supervisor Uselmann and seconded by Supervisor Rydrych, it was RESOLVED that the plans and specifications for street improvements known as Public Improvement Project Pio. 90 for Pilot Knob Heights Addition be, and the same hereby are, duly approved and bids ordered Co be taken on the project on Monday, June 19, 1972, at 3:00 P.M. at the Town Hall. Mr. Jon Marble appeared regardin; computer election systems for counting election votes. The Board directed Mr. Marble to meet with the Town Clerk and the sales representatives from the computer companies to study the matter further and report back to the Board. The Town Clerk referred to the Board a proposal from J. Darling and Associates for a Land Use Development 4uide. Based on the previous experience of John Vosa in preparing the Park Development Guide for the Town and upon the motion of Supervisor Uselmann, seconded by Supervisor Rydrych, it was P.ESOLVED to accept Urban Planning & Design's proposal and authorize Urban Planning & Design and Town Engineer P.obert Rosene to proceed with Phase I only (Goals and Policies) of the Land Use Development Guide at a cost of $2,390.00 Upon motion made by Supervisor Uselmann and seconded by Chairman Fahn, it was RESOLVED that this Board support the continuance of the Dakota County Boolcawbiles and respectfully requests the County Board to reconsider ..gam discontinuing this service to the residents of Dakota County; and FUI'~THER P.ESOI,VED that a copy o:c this resolution be :F.ort~r~rded to the Dakota County Board or Commissioners forthwith. The Town Clerk then presented a petition received from I:r. ti~letland and Mr. Carl Lange for sewer and water to service their homes off Deerwood Drive. Upon motion made and seconded, the request was referred to the Town Engineer for study and report and directed to discuss the matter with the petitioner; and rURTIiER RESOLVED that the petition be, and hereby is, accepted and ordered filed ~•rith the Town Cleric. The Town Clerk recommended to the Board that because of the large amount of insurance carried by the Town, advertisements should be taken for bids on the overall insurance program, the cost being now in excess of $10,000. The Board informally advised the Town Clerlc and Tocan Attorney to have an appraisal made of the insurance needs of the Tom and thereafter to prepare an advertisement for bids. Upon motion made by Supervisor Uselmann and seconded by Chairman P..~hn, it was PESOLVED to give the Town Clerlc a salary increase of $75.00 per month effective June 1, 1972. Upon motion made by Supervisor Uselmann and seconded by Supervisor I'.ydrych, it was RESOLVED that all bills as presented be, and they hereby are, approved and ordered paid pursuant to warrants v700~~ through 7852 and ~k1064 through ~~I072. Upon motion made and seconded, the meeting was adjourned. Dated: May 16, 1972 L~ri,•~. ,/5-~~~~_ -9-