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02/03/1976 - City Council Regular 1'f~RIU'fES OF A REGUL~!Jt MPETII~G OF THE EAGAN CITY CO'UiCIL E~`.GAN, RiII~1trGSOTA February 3, 1976 A regular meeting of the Eagan City Council was held on February 3, 1976 at 6:30 p.m. at the City Ha11. All mmtbers were present. Also present was Roseae, Bolke and Hauge. MINUTES. After the Pledge of Allegiance, upon motion duly made by Rahn, seconded Wachter, it was RESOLVED that the minutes of the regular January 20, 1976 mee*_iag be approved as distributed. FIRE DEPARTMENT. Fire Chief Schultz appeared and indicated that a meeting has been scheduled for February 10, 1976 at Divine Redeemer Hospital to discuss the possibility of terminating the emergency ambulance service from the Eagan Fire Hall as of September 30, 1976. Council members were requested to be present to discuss the possibility of retaining the service. POLICE DEPARTMENT . 1. A petition requesting a street light at Blackhawk and Deerwood Drive was discussed and Bill Branch was asked to determine the number of street lights that could be installed in 1976 according to the 197E Budget. 2. A petition requesting a reduction of speed on Highwaq #55 near Highway X49 because of the potential accident problems, was upon motion by Wachter, seconded Rahn, referred to the Minnesota Highwaq Department for review and coma?ent. UTILITY DEPARTMENT BUSIPIESS. Bill Branch appeared. Mr. B;canch indicated that he received a letter from the City of Rosemount requesting the upgrading of Butwin Road in the City of Eagan at the time that Rosemount upgrades its portion of the road to a rural blacktop cross section. Upon motion duly made by Polzin, seconded Smith, all members voting in favor, it was RESOLVED that the City Engineer contact be made and report to the Council at the nP.xt meeting. -1- PA°,?Z CdrlP7ITT'": EL'STP~SS.The Cc~.x:~~31 revi~rsd the responses fxo:r 6 persons to fill the vacancy on the Park Cc~nnittee. They included Rian Teller, Ardell Caylor, Norman Hagen, Gardner Miller, Carl Monzel and John Roszak. After two ballots, JoI1n Roszak was elected to fill the current vacancy on the Park Committee by a three to two vote over Norman P.agen. SICV P.+';RMIT APPLICATIONS. 1. Lindsay Water Softener - Cedar Avenue. Upon motion by Smith, seconded 4'achter, all mez~bers voting yea, it was RESOLVEn to refer the application be referred to the Building Inspector to attempt to persuade the owners of the property to con3oliclate t:~e three signs into one sign for the building. 2. Preilung Doors sign permit and House of Wing Restaurant on Cedar Avenue and Beau d'liue Drive. Upon motion by S:nith, seconded Rahn, it was RESOL~~ED that the foregoing two eign permit applications be granted. CI?F3 MAR ~!LD +TION - GABBERT DEVELOPr1E1~1T CO. Dave Gabbert appeared on be?~= ~ ~ ~f Gabbert Development Co. and explained the results of a meeting between the property o=,oners znd developer and representatives of Wilderness Run Homeowner's Assoc. on Friday, January 23rd. City consultants were also present. Mr. Gabbert indicated that th? cul-de-sac from Wilderness Run Drive appeared to be agreeable9 that an undit~3.d~d interest ~.n the peninsula area with all homeowners in Wilderness ..^.un o-ho co~~ert and all owners of Ches Mar Addition; that there only be an 8 per cent grade on the street running toward Pilot Knob Road; that the Northeast wildlife pond be dedicafi..~d to the city with no future maintenance; that a ponding easement and possible site easement for the peninsula area would be granted to Eagan including additional lake area to the North consisting of Outlot B for purposes of relieving area assessments and preventing building on the peninsula; that the Southwest triangle of Ches Mar Addition be granted for ballfield purposes. Wilderness Run homeowner representatives appeared and had no objection to the proposal. In addition there would be an interior trail by easement to the well -2- site in Ches Mar Addition and the developer would install all the streets so that there would be no assessments to the lots in Wilderness Run Addition for street work; further that there would be cash dedication for Ches Mar Addition and Wilder- ness Run 1st and 3rd Additions for park purposes. Upon motion by Smith, seconded Wachter, all members voting in favor, it was RESOLVED that the decision by the City Council on January 13, 1976 concerning the preliminary plat of Ches Mar Addition be reconsidered. Upon motion by Smith, seconded Wachter, all members voting yes, it was RESOLVED that the revised preliminary plat for Ches Mar Addition reviewed on February 3rd and submitted by the applicant be approved subject to the following: 1. That the street from Pilot Knob Road to Cliff Road according to the plan be pro-Tided. 2. That a cul-de-sac be inserted South into Ches Mar Addition from Wilderness Run Drive. 3. That the City of Eagan accept the Northeasterly wildlife pond site togs► �. .. with 20 foot fee title for access with the understanding that the city will not provide maintenance to the pond site. 4. That the peninsula area and lake area at the Northwest corner be dedicated to each property owner in Wilderness Run 1st and 3rd Additions who consents in writing and to all property owners in Ches Mar Addition on an undivided basis together with 30 foot fee title access to the peninsula from the North-South cul-de-sac. 5. That the Outlot B lake portion North of the peninsula be dedicated to the City of Eagan for ponding purposes. 6. That the peninsula area and Thomas Lake Pond be accepted by the City of Eagan in the form of a site easement if necessary and drainage easement with restrictions concerning construction of buildings. 7. That a triangle at the Southwest corner of Ches Mar Addition be dedicated to Eagan to fill out the proposed ballfield on thc well site and that a varieece -3- of tY~e lot sizes over which the triangular porticn lies be granted t.pcn arplica*_ian and af.t~r -review by the Council i~z the event it becomES nace~s2.ry. 8. Tszat park dedication f .es bs paid for all of Che3 Mar Addition with 25% to ba paid st the brae of the filing of the final plat, 2S% to be paid after one year Pram L'i12 tl*~e of final platting and the balance within two years for each plat; further subject to the recommendations of the Advisory Planning Committee pursuant to its resolution of December 9, 1975 as to the provisions that are applicable; further subject to all applicable ordinances and regulations of the City of Eagan; further that ~~Tilderness Run 1st and 3rd Additions cash contribution for park ba paid fox triwith. T_E-.!~1`d, INC. - ELMER SCOTT. Two applications of Elmer Scott of Le-An, Ins. including rezoning part of the E 1/2 of the SE 1/4 of Section 24 consisting of I2 acres on Highway ~~3 from A, Agricultural to GB, General Business and further far conditional use permit for outside storage and servicing of motor vehicles 4,,~~~~ next reviewed. The APC recommended approval subject to conditions for each app~i- cation. gd P4cMenomy and Elmer Scott appeared on behalf of the applications. There were no objections to the applications. Upon motion by Rahn, seconded Smith, all members voting in favor, it was RESOLVED that the applications be approved subject to the recommendations of the APC. JEROM DZGTDEO - THE ITALIAN PIE SHOPPE. The application of Jerome DeGideo of The Italian Pie Shappe, Inc. for a conditional use permit far an on-sale wine license at 1438 Yankee Doodle Road, Yankee Square Shopping Center was next reviewed. Mr. DeGideo appeared. It was noted that Mr. DeGideo did not appear at the APC public hearing on the conditional use permit and no action was taken at that tine. After discussion in order to accommodate the applicant, upon motion by Smith, seconded Rahn, it was RESOLVED that the Council grant the twine license and the conditional use permit provided the conditional use permit is approved by the APC at its next meeting. All members voted yes. -4- rL's. Iy' S PIZZA - WINE LIC,~L'Iy'SE. The app?.Zcation of William Du:~^ancon of I~2r. D's Pizza for an on-tale wine license and a conditional use permit for sa.1e of wine at 3902 Beau d'Rue Drive, Cedarvale Highland Shopping Center was next presented. The APC recommended approval. Mr. Duncanson appeared and there weLe no objections. Upon motion by Rahn, seconded Wachter, all members voting in favor, it was RESOLVID that the wine license and conditional use permit be approved subject to applicable ordinances. GOPI.yR SMELTIrbG - PUD & PLAT APPROVAL. Pir. Bill Price appeared on behalf of the application of Gopher Smelting and Refining Co., Inc. for Planned Development ~a~i>~~ ,NV F approval of land owned by Gopher Smelting in Sections 11, 12, and 13. The ABC recommended approval. It was noted that there was somewhat over 450 acres in the development. Mr. Price reviewed the drawings and sketches presented and it was noted that there had been no resolution to the dedication for park purposes. The applicant's representatives were requested to appear at the next Park C~~•,::~i~.tee meeting. Upon motion by Polzin, seconded Rahn, all members voting yes, it was rJN)~ l ~Hi C.../;/~<: ~''if7~. /i~,> f7i_'e1 ~i/;~r~1Ui)irloN Q RESOLVED that the planned development~~be approved subject to all applicable ordinances with the understanding that the Park Committee review and make recom- mendarion3 to the City Council concerning park dedication. Further subject to preparation of necessary planned development documents including an agreement. HIGHVIEW ACRES - LOTS ~~3 & 4~4 - LEPTTSCH COMPANY. The application of Lentsch Co. Tnc. and Ruth 5nith for waiver of platting for division of Lots 3 and 4, Highview Acres in the ~ residential lots was next considered. Mr. Herb Lentsch appeared. Nmmerous neighboring owners appeared and objected to the division into 6 lots. CopiQS of the proposed plat showing 6 lots with 5 of the 6 fronting on Highview Avenus were displayed and in addition a proposed plat including 5 lots all of which fronted on Highview were reviewed by the Council. A 30 foot right-of-sway on each of the East and West lines was recommended by the City Engineer. The dey elope;. recommended that all lots front on Highview Avenue with 2 lots on Lot 3 and three -5- lots cn Lot G. Upon motion ty W'3chtEr, seconded Rydrych, all members voting in favor, it c^as RESOLVED to approve the application for waiver of plattin.h for LPL 3 and to provide for a total of 5 lots which would include the existing house on one of the lots with 3 lots on Lot 4 and 2 lots on Lot 3; further to approve the application subject to the APC recommendations concerning park dedication, with all assessments to be levied at the time of final issuance of the waiver. PROJECT 4173 and #168. The City Engineer indicated that the preliminary reports for storm sewer for Cedar Industrial Park Imp. Project 46173 and the report for storm sewer for Sibley Terminal Industrial Park Imp. Project 46168 are not completed be- cause of cost considerations and will be submitted at a later meeting. ORDZN/f~NCE 4652. Because the APC c~ri11 hold a hearing at its regular March meeti:.g on the recommended changes for Ordinance 4652, no action was taken. OP.DIN.AtJCE 4616 - SIGNS. Consideration of amended Ordinance 4616 relating to signs ~ was continued until the next meeting. PROJECT 46171 - D::EP tdELL PUMPHOUSE N0. 4. The bids for Imp. Project 46171 con- siting of deep well pumphouse No. 4 were reviewed and upon recommendation of the City Engineer the low bid of Lee Richert Plunbing and Heating in the net amount of $51,650 including alternate 461 was upon motion by Polzin, seconded Rahn, all members voting yes, approved and awarded. MINNEGASCO GAS SUPPLY. A letter from Minnegasco relating to supply of natural gas in its area E~rviced in the City of Eagan was read to the Council. Diy'R. WATER USE PERMITS. A suggested letter addressed to the Department of Pdatural Resources concerning guideline permits for use of waters and for work in public waters in the state was recommended for approval with suggested changes in the propose3 guidelines. Upon motion by Smith, seconded Wachter, all members voting in favor, it was RESOLVED that the Clerk be authorized to forward the letter to the Department of Natural Resources. DAKO^1A COUNTY LEAGUE. OF ZiU~IIC~pALITIES RESOLUTION ~ Yesai~itiir~tt from the Dakota -6- Couc~i:y League of M~ir_icirzliti~s regarding the A:inn~sota Municipal Aid Formula was read. Upon motion by Polzin, ~~conded Wachter, all members voting yes, it was &?SOLVZ:D that the City Council be in favor endorsing the resolution of the Lea~a2 and that copies of the resolution be forwarded to local legislators. MUNICIPAL STATE AID STREET FUND. The City Clerk announced that the sum of $188,729 had been approved for the City of Eagan for its allocation of the Municipal State Aid Street Fund for 1976. PRECINCT REVISION. The City Clerk submitted a proposed revision to the voting precincts including 7 precincts for the City. No action was taken. CEDAR GROVE 169 and 1411. There was discussion concerning completing of street surfacing for the uncompleted streets in Cedar Grove Additions 9 & 11, in that requests have been made from property owners for street improvements. The Clerk wa.s asked to acquire petitions from the owners for a feasibility study. TIIvBERLIA3E E~JATER SYSTBM. The Clerk & City Atty. reviewed with the City C^~t-~ci1 the main oversizing and supply and storage charges for lots in Timberline Addition wY~~ere laterals had been installed at the time of the acquisition of the system in 1967. Upon motion by Polzin, seconded Rahn, all members voting yes, it was RESOLVED that main oversizing, supply and storage charges for lots where the water mains have been installed p~3.or to the acquisition by the City of Eagan of the Timberline water system be waived but that assessments will be levied and charges will be collected on all lots where the water main lateral had not been installed prior to the acqui- sition. CITY BALL ADDITION. James Horne of Horne Architects, Inc. appeared and discussed with the City Council a proposed addition to the City Ball for Police purposes. After considerable discussion, upon motion by Polzin, seconded Rydrych, it was RESOLVED to authorize A1r. borne to prepare schematic drawings for an addition for the Police Department to the City Hall. All members voting in favor, except Smith who voted no. Upon motion the meeting adjourned at about 12:OQ p.m. February 3, 1976 -7- ~L`