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03/17/1981 - City Council Regular a- MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA MARCH 17, 1981 A regular meeting of the Eagan City Council was held on Tuesday, March 17, 1981, at 6:30 p.m. at the Eagan City Hall. Present were Mayor Blomquist and Councilmembers Parranto, Wachter, Egan, and Smith. Also present were City Administrator Hedges, City Public Works Director Colbert, City Attorney Hauge and City Engineer Rosene. AGENDA Egan moved, Wachter seconded the motion to approve the agenda as distri- buted. All voted yes. MINUTES Upon motion by Egan, seconded by Wachter, it was RESOLVED that the min- utes of the March 3, 1981, meeting be approved with the exception on page 4 that Wachter voted no as to the application of Barrel Reconditioning, Inc., for variance and conditional use permit. All voted yea. FIRE DEPARTMENT Chief Childers and Doug Reid were present. 1. Fire Hall #4 Location. Chief Childers and Mr. Reid explained that the Planning Committee of the Volunteer Fire Department has been meeting concern- ing proposed future locations and land acquisition for future fire stations. No specific time frame has been set up, but the Department requested that a staff person be designated to assist in coordinating. Wachter moved, Egan seconded a motion to designate City Administrator Hedges to coordinate staff assistance including the Public Works Director and City Planner. All voted yea. 2. Warning Siren, Fire Hall #1. A special meeting prior to the special meeting of March 19, 1981, was set at 6:45 at Fire Hall #1 for the Council- members to determine the location for the warning siren at Fire Hall #1. PARK DEPARTMENT Park and Recreation Director Ken Vraa was present. 1. Ridgecliffe Park Design Consultant. Mr. Vraa submitted a report concerning the selection of a consultant for the Ridgecliffe Park and recom- mended the hiring of the firm of Brauer and Associates to form a future master plan for the future development of the park. Wachter moved, Egan seconded the motion to approve the recommendation for the hiring of Brauer and Associates as outlined. It was noted that Phase I would cost $3,700 and Phase II $2,500. City Councilmembers also requested review by the Council during the study process. All voted yes. 1 Council Minutes March 17, 1981 ASSESSMENT COST ANALYSIS Public Works Director Colbert submitted a lot size City improvement cost analysis prepared by Bonestroo, Rosene, Anderlik & Associates office indi- cating average costs for City installed improvements in 1981. It was re- quested that the analysis be referred to the Advisory Planning Commission for consideration in its study of R-1 lot revision proposals. CONSENT AGENDA The following items were submitted on the Consent Agenda and recommended for approval: 1. Improvement Project #237, Change Order #4 (Thomas Lake Road). It was recommended that Change Order #4 for Improvement Project #237 in the amount of $4,728.12 to McNamara Vivant for Thomas Lake Road improvements be approved. 2. Improvement #80-8, Change Order #1 (Miscellaneous Projects). It was recommended that the four part Change Order #1 to Improvement #80-8 consisting of Econ Lab, Imre Addition, Ches Mar East 2nd Addition, and Duckwood Drive improvements in the total sum of $7,287.25 with Fredrickson Excavating Company be approved and authorized. 3. Improvement #80-9, Change Order #1 (James Refrigeration Utilities). The Public Works Director recommended that Change Order #1 to Improvement #80- 9 in the amount of $561.35 with Fredrickson Excavating Company in the James Refrigeration utility project be approved by the Council. 4. Improvement Project #240A, Final x Request (Drexel Heights Streets). Acceptance for perpetual maintenance, the final pay request and acceptance of contract was recommended for approval with McNamara Vivant Contracting Company in the amount of $26,820.96 and acceptance for perpetual maintenance. 5. Improvement #70-19, Final Pay Request/Acceptance (Brittany, Lake Park, Thomas Lake Additions). The final pay request and acceptance of Improvement #79-19 covering Brittany Manor 1st Addition, Lake Park Addition and Thomas Lake Addition street improvements with McNamara Vivant contracting company in the amount of $8,359.89 was recommended for approval. 6. Improvement #79-21, Final Pay Request/Acceptance (Lakeside Estates et al). The final pay request and the acceptance of the improvements for Lakeside Estates streets consisting of Improvement #79-21 with McNamara Vivant Contracting Company in the final amount of $9,924.57 and acceptance of the streets for perpetual maintenance was recommended for approval by the Public Works Director. 7. Improvement #79-23, Final Pay ;L Request/Acceptance (Slater's Road). The Public Works Director re commended- that the second and final pay request under Improvement #79-23 with Richard Knutson, Inc., in the amount of $4,076.20 and acceptance of Slater's Road water main for perpetual maintenance be approved. 2 056 Council Minutes March 17, 1981 8. Rauenhorst Grading Permit. An application has been received from Rauenhorst Corporation for a grading permit to fill Lot 1, Eagandale Center Industrial #2, located on the north side of Lone Oak Road. An additional bond in the amount of $3,000 for required manhole adjustment and financial pro- tection was also requested and it was recommended that the grading permit be approved. 9. Traffic Signal Agreement #60309M MN/DOT. The Public Works Director recommended execution and approval of the Traffic Signal Agreement #60309M with MN/DOT covering the installation of traffic signal at Trunk Highway #55 and Lexington Avenue at Blue Gentian Road intersection. 10. Sewer Cleaning Machine, Plans and Specifications. The plans and specifications were submitted for the sewer cleaning machine and the Public Works Director recommended that the plans and specs for a trailer mounted sewer cleaning machine be approved and that the Council authorize the adver- tising of bids to be opened on April 16, 1981 at 7:00 p.m. at the City Hall. 11. Knights of Columbus Non-Intoxicating Beer and Bingo License at St. John Neumann Church. An application for a non-intoxicating 3.2 beer license and bingo for Knights of Columbus for a ham bingo event on April 5, 1981, at St. John Neumann Church was recommended for approval. 12. Improvement Project #327, Joyce Addition Streets and Utilities. The feasibility report for Improvement Project #327 consisting of street and utility improvements in proposed Joyce Addition was submitted and it was recommended that the report be accepted and that the public hearing be sched- uled for April 7, 1981, at 7:00 at the City Hall. Upon motion of Wachter, seconded Smith, it was RESOLVED that the fore- going recommendations under the Consent Agenda be approved as recommended. All voted in favor. IMPROVEMENT #80-21 BLACKHAWN LAKE STORM SEWER OUTLET The plans and specifications for Improvement #80-21 for Blackhawk Lake storm sewer outlet were submitted by the City Engineer. The Public Works Director indicated that condemnation proceedings have now been commenced covering the Ross Kramer and Cy Barry property to allow the City a quick take right of entry by approximately June 15 unless prior consents have been acquired from the property owners. The contractor has been informed of the restricted starting date and it was recommended that the plans and specifica- tions be approved and that authorization be given to advertise for bids with the bid opening on April 16, 1981, at 3:00 p.m. All voted in favor except Blomquist who voted no. SAFARI AT EAGAN STREETS AND UTILITIES PROJECT #324 The public hearing regarding the street and utility improvements for Safari at Eagan was next convened by Mayor Blomquist. Mr. Colbert introduced the project and the City Engineer explained the report in detail. Byron Watschke, the developer, was present and requested the street grading be 3 06057 Council Minutes March 17, 1981 accomplished by the developer and that it be omitted from the proposed con- tract. There was discussion concerning the outlet for the storm sewer to the north and the need to acquire an easement over the Dunn & Curry property north of Safari At Eagan. There were no objections to the project. Egan moved, Wachter seconded a motion to close the hearing and to order in the project excluding the street grading which will be accomplished by the developer, and to order plans and specifications. All voted yes. CEDAR CLIFF 2ND ADDITION STREETS AND UTILITIES IMPROVEMENT PROJECT #329 The next hearing convened by the Mayor covered street and utility im- provements in Cedar Cliff 2nd Addition consisting of Improvement Project #329. Mr. Colbert and Mr. Rosene reviewed the project with the Council rincluding the two alternates for the storm sewer outlet to the north. There were no objections to the project. After review, Wachter moved, Egan seconded a motion to close the hearing, approve the project including alternate #1, and order plans and specifications. It was further requested that the developer and the seller of the lots notify all buyers of lots along the north line that active park land will be eventually developed in the Rahn Park area to the north of the subdivision. All voted yes. PILOT KNOB SHOPPING CENTER IR NOTE The public hearing regarding the application of Pilot Knob Associates for Industrial Revenue Financing in the sum of $5,500,000 for the 105,000 square foot shopping center on Pilot Knob Road was convened by Mayor Bea Blomquist. Warren Preeschl of Miller and Schroeder was present as were representatives of Pilot Knob Associates. There were no questions from the audience. Mr. Wachter requested that the developers look seriously at adequate insulation for the project and Ron Krank, the architect, stated that long range plans would be made in the development process. There was a question as to whether the financing would be on a temporary basis and Mr. Preeschl stated that the Industrial Revenue Note would cover a 25-year basis and would be self amor- tizing and that three to five year temporary short term financing will not be implemented on the project according to Mr. Preeschl. Financing would be set up under a general partnership basis and there were questions concerning the guarantee of financial capability in the event of default. Mr. Preeschl stated that long term financing would be in place at the time of the final approval of the financing. Smith moved, Parranto seconded a motion to close the hearing and to authorize approval of the preliminary resolution regarding the industrial revenue note. Those in favor were Smith, Parranto, and Egan. Those against were Blomquist and Wachter. SEE BOND FILE PUBLIC FACILITIES REZONING The public hearing regarding the rezoning of approximately nine parcels to Public Facilities zoning was next convened. There were no objections to the rezoning. After discussion, Egan moved, Wachter seconded a motion to approve the rezoning as published and submitted to the Council. All voted yes. R 81-14 4 *C058 Council Minutes March 17, 1981 ART RAHN 1ST ADDITION PROJECT #266 The assessment hearing concerning Improvement Project #266 regarding improvements to Art Rahn 1st Addition was next convened by the Mayor. Councilmember Parranto declared a conflict of interest in that his firm developed the project and vacated the seat. Colbert reviewed the assessment roll and there were no objections. Smith moved, Egan seconded the motion to close the hearing and authorize the City Clerk to certify the roll to the County Auditor. All voted in favor except Parranto who abstained. HOUSING ASSISTANCE PLAN AMENDMENT At the January 26, 1981, City Council meeting the Dakota County HRA appeared and presented the Dakota County Assistance update consisting of a three year housing assistance plan. The City Council recommended the number of units for new construction scattered site be increased from seven to ten for 1981, and to carry over 25 units of new construction for 1981 with 20 additional units to be spread out over the balance of the two year period for Section 8 new construction. A representative of the Dakota County HRA was present. There were no objections to the hearing. Smith moved to close the hearing and to approve the action of the City Council of January 26, 1981 regarding Section 8 new construction for the scattered site housing program consisting of the three year housing assistance plan under the Dakota County HRA. Egan seconded the motion. All voted yes. J.P.R. PARK COMPANY FINAL PLAT Noting that all information has not been received by staff for approval of the final plat, Wachter moved, Egan seconded a motion to continue the consideration of the final plat until the Development Agreement is completed and submitted on April 7, 1981. All voted in favor except Parranto who abstained. J.I. CASE COMPANY VARIANCE FOR LOT COVERAGE The manager and facilities engineer from J.I. Case Company on Highway #55 were present concerning the request for variance to exceed 35% lot coverage in industrial zoning district. The Planning Commission on January 27, 1981, recommended approval with certain conditions. The manager indicated addi- tional land can be required from MN/DOT on Lexington Avenue and possibly also on Highway #55. He stated J.I. Case preferred to have no additional land- scaping except grass. Smith moved to recommend approval of the variance subject to staff approval of the parking and the landscape planning with the direction that landscaping be as extensive as possible; further, that the approval is not a precedent because of the Highway #55 right-of-way acquisi- tion on the north side of the property and subject to the following condi- tions: 1. Even though the intent of the Industrial district is being met, J.I. Case should pursue the reacquisition of the excess right-of-way to meet the technical aspect of the zoning ordinance. 5 0 CC059 Council Minutes March 17, 1981 2. A site plan shall be approved by the City staff showing the parking ratio for the overall development of the site. 3. A landscape plan shall be submitted and approved by the Eagan City staff. 4. Compliance with all other ordinance requirements. Wachter seconded the motion. All voted in favor. MARI ACRES 2ND ADDITION FINAL PLAT The staff recommended approval of Mari Acres 2nd Addition final plat subject to all necessary conditions and ordinances. Egan moved, Parranto seconded a motion, all voted in favor to approve the final plat as recom- mended. R 81-15 D 81-14 CHES MAR EAST 4TH ADDITION FINAL PLAT The final plat of Ches Mar East 4th Addition was recommended for approval. Wachter moved, Egan seconded the motion, all voted in favor to approve the final plat subject to compliance with all necessary conditions imposed by the City and applicable ordinances. All voted yea. R 81-16 D 81-15 ITALIAN PIE SHOPPE WINE AND BEER LICENSES The application of Mr. James Basta for wine license and 3.2 beer license for the Italian Pie Shoppe in the Yankee Square Shopping Center was next considered. There were no objections to the application. Mr. Basta was present at the meeting. Smith moved, Egan seconded a motion to approve both applications subject to compliance with necessary ordinances. All voted yes. BLUE CROSS-BLUE SHIELD REZONING PUD The application of Blue Cross-Blue Shield for rezoning of approximately 122 acres from Agricultural to Planned Development was next considered. The application was first heard before the Planning Commission on September 23, 1980 and the Planning Commission then recommended denial for a number of reasons. The applicant then submitted a new application which was considered before the Planning Commission on February 24, 1981 and recommended approval subject to numerous conditions. Mr. Norman Storbakken of Blue Cross and John Lackens, planner, appeared on behalf of the applicant. It was noted that the project provides for 32 acres of Limited Business and that no access would be provided to Yankee Doodle Road with the recommendation that an access be provided through the Eagan Utility property to Coachman Oaks Road. Several adjacent property owners were present. Mr. Storbakken indicated that it was expected that Blue Cross would not develop the residential areas. Mr. and Mrs. Bob Swenson, neighboring owners, appeared and objected that the density proposed is higher than provided under the Comprehensive Plan, and that no developer is selected so the proposal for residential development is prema- ture. It was noted the Comprehensive Plan is only a guide and Councilmembers expressed their concern that although the general concept looks good there was 6 Council Minutes March 17, 1981 a lack of a long term specific plan. It was suggested that townhouse density re provided in areas designated to be medium density to avoid the developer developing under the maximum densities provided. There were also concerns that the medium density is designated in the areas with the heaviest tree concen- trations and that more specific areas be determined with densities designated. There was no determination by the Council as to whether it would accept and maintain the areas designated for trails in the proposal. Mr. Storkbakken indicated that Blue Cross would approve a reduction in density of the overall residential area if required by the City. Parranto moved, Smith seconded the motion to approve the Planned Development rezoning application according to the diagram submitted subject to the following: 1. Before the Planned Development zoning is granted, a Planned Develop- ment Agreement shall be approved by the City of Eagan. 2. The low. density area shown on the proposed site plan shall be developed as single family units, or no higher than duplex units unless the applicant goes through the public hearing process to notify the surrounding property owners. 3. No development shall occur until the detailed platting process has been completed for the first phase of development. 4. The detailed land uses, or land use designation areas shall be deter- mined at the platting stage of the Planned Development. 5. The term of the Planned Development Agreement shall extend for 15 years. 6. That Limited Business zoning area be limited to the use of Blue Cross-Blue Shield only, but with the understanding that some portions of new buildings may be temporarily leased provided the long term use is for blue Cross-Blue Shield purposes exclusively. 7. Compliance with all applicable City ordinances. 8. The areas designated low density, colored yellow on the scheme, would be developed generally R-1 from 0-3 units per acre; that the medium density designations indicated pink on the scheme be developed 3-7 units per acre; that each detailed plat will require a public hearing and compliance with all normal ordinance requirements and that specific densities for each plat could be determined by the City on a plat by plat basis as development occurs. R 81-17 All members voted in favor except Wachter who voted no indicating that the density appeared to be too heavy. SOUTH DELAWARE HILLS PLANNED DEVELOPMENT At 9:10 p.m. the Mayor commenced the consideration of the application of Richard Parranto for amendment to the proposed South Delaware Hills Planned Development to allow duplex and quadraminiums and single family homes, and for 7 0 r 0GI Council Minutes March 17, 1981 revised proposed preliminary plat of South Delaware Hills. It was noted the Advisory Planning Commission had considered the application on February 24, 1981, and recommended disapproval for reasons outlined by the Commission. Councilmember Parranto stated that he had no conflict of interest but that he would vacate his chair and abstain from voting on the application. Mr. Richard Parranto, applicant, and Mr. James Phillippi of Minnesota Valley Engineers were present for the applicant. Mr. Parranto reviewed the changes that were proposed including in Block 10 with an increase in density, in Block 9 from 15 twin units to 12 quadraminium or 48 units; in Blocks 4,5, and 6 to higher density, and an overall density increase from 2.89 units per acre to 3.46 units per acre. He further stated that Robert Tilsen of Tilsen Homes would be the codeveloper and builder of the project. There was a proposal for 316 units for a net increase of 57 units over the original approved plan. A large number of neighboring property owners were present including Robert Roblecki who detailed objections on behalf of area residents. They objected to increases in density, that there was lack of sufficient park planned in the area, that the proposal was not in compliance with the Comprehensive Plan of the City and for numerous other reasons. Dr. Roy Fox, a neighboring property owner, objected also indicating that there was a private restriction of 150- foot setback promised for buildings and further that his property would be subject to a certain amount of runoff from the proposed development. There were objections to Chapel Lane being extended into the development and that Highway #55 access be permitted from South Delaware Hills. It was also stated by an objector that the project had been before the City Council and Planning Commission 19 times in recent years and that there was an excessive amount of staff time and Council and Planning Commission time expended on the proposal. Mayor Blomquist stated that she had concerns about the water level which currently innundates a good deal of the proposed park, that the zoning is not consistent with the Comprehensive Guide and needs to be down zoned in certain areas; that the City has acted in good faith in the past and should not be required to change its position. Mr. Parranto stated that the Gopher Eagan developers to the south have included 10 acres in the project and insist that quadraminiums be built on their portion of the property and further that all development north of Bur Oak Drive consistutes a reduction in density from the original proposal. Blomquist moved, Wachter seconded a motion to deny the application based on the following: 1. That the Advisory Planning Commission recommends denial of the new application because of the substantial increase in density and because the PUD had been approved earlier with the general approval of the neighboring owners; the impact of increased traffic on the neighboring highways and streets and for the other reasons mentioned during the Planning Commission discussion of the application. 2. The parkland is not developable for an active park; that portion of the City will need an active park because it is isolated by two highways, No. 149 and No. 55; further, added density will impact the park. 3. The development is not consistant with the proposed use in the Comprehensive Guide. The Cuoncil is already recommending a down zoning for R- 4 land to the north in that general area. 8 ,_`062 Council Minutes March 17, 1981 4. The plat and PUD have already been approved. Any and all existing plats could request a rezoning based on the same economic reasons, thus the precedent woudl be set for all tohers to follow. The City has acted on this plat in good faith in the past. 5. This plat has been considered many times covering a period of time (1977 through 1979). Public meetings have been held to date 18 times. This places an additional burden on the City staff, residents and commission members and Council. 6. Because of 5-acre parcels in Inver Grove Heights, we should not have to guarantee the developer a profit in Eagan. Adjacent development in neighboring cities should be compatible. 7. The higher density is in the deepest portion of the plat. Thus the traffic flow is inward for R-2 and R-3 and is not consistent with good planning in the City. 8. Because of the inadequate intersection at Highway #149 and Cherokee Road, traffic would leave the plat at that intersection. The Councilmembers were concerned about the great influx of requests for modifications of approved Planned Developments due to economic reasons accord- ing to Councilmember Egan. It was his feeling that generally the basic reason for the change was for financial purposes. Councilmember Smith stated that it was very difficult to develop a great deal of the property and further that Inver Grove Heights insisted on five acre lots to the east in South Delaware Hills which created a great deal of the problem. Those in favor of the motion were Egan, Smith, Wachter and Blomquist. Parranto abstained. The Council continued consideration of the application until 10:20 p.m. CEDAR CLIFF 2ND ADDITION WAIVER OF PLAT The application of Zachman Homes, Inc., for waiver of plat in order to split three duplex lots for single ownership located on Lots 1-3, Cedar Cliff 2nd Addition, was next considered. There were no objections nor appearance on behalf of the applicant. Smith moved, Egan seconded a motion, all voted in favor, to approve the application subject to the following conditions noting that the Advisory Planning Commission recommended approval: 1. That each unit as a twin home have individual utility services. 2. That all of the ordinance requirements and setbacks shall be met according to the Planned Development Agreement of Cedar Cliff Planned Develop- ment. R 81-18 All voted in favor. GENERAL COATINGS PYLON SIGN The application of General Coatings, Inc., for conditional use permit for 9 0c' 063 Council Minutes March 17, 1981 pylon sign located on Lot 1, Block 1, Imre Addition was next considered by the Council. The Advisory Planning Commission recommended approval at its meeting on February 24, 1981, noting that the sign will be removed within three years or at the time that the Highway Department acquires the right-of-way where the sign is proposed to be located so that no precedent would exist. Smith moved, Wachter seconded a motion to approve the application subject to the following: 1. That the existing sign will be removed when Highway #149 is relocated ror at the time of the expiration of the existing three year lease for the tenant in the warehouse building. 2. That the sign meet the setback requirements and other requirements under Ordinance No. 16 other than the 300 foot spacing. All voted in favor. D 81-16 NORTHWESTERN BELL CARRIER BUILDING Mr. Glen Hampton of Northwestern Bell Telephone Company and representa- tives of Cedar Grove Baptist Church appeared regarding the Northwestern Bell application for special permit to allow the construction of a carrier building to be located immediately east of the Baptist Church near the intersection of Rahn Road and Wildwood Lane. The carrier building would be the fourth to be constructed of the original four proposed by the Northwestern Bell Telephone Company in 1980. Mr. Hampton stated the building would be similar to the other carrier buildings and further that additional right-of-way would be granted for 50-foot half right-of-way. There was a concern as to whether the building would be set back as far as the church with a small building amongst larger buildings on either side in the future. Egan moved, Parranto seconded the motion to grant a special permit subject to compliance with waiver of plat requirements; further subject to the use as a telephone carrier station only and that the reversion of the property in the event of abandonment of the proposed use by Northwestern Bell transfer to Cedar Grove Baptist Church provided the church is still the owner of the adjacent property to the north and the west and it is used for church related purposes; however, if such conditions are not met that the property would then revert to the City of Eagan without cost to the City. All voted in favor except Smith who voted against. SAFARI MALL SHOPPING CENTER IR FINANCING Byron Watschke, developer, and Stan Johannes of Rothchild Financial Corporation were present regarding the application of the developers of the Safari Shopping Mall for Industrial Revenue Financing for the shopping center. Wachter moved, Egan seconded a motion to set a public hearing for April 7, 1981 at 7:00 p.m. at the City Hall to consider the industrial revenue financing. All voted yea. SEE BOND FILE CONDITIONAL USE PERMIT RENEWALS The following conditional use permit applications for renewal for January and February, 1981, were submitted and considered. 10 OGOC4 Council Minutes March 17, 1981 1. Eppen Nursery School, 2057 Garnet Lane, for nursery; 2. Merlin Barfknecht, 835 Lone Oak Road, for tires and supplies storage; 3. Mike Rammer, now owned by Elroy and Bret Mann, Mendota Skelly, 3165 Dodd Road, for car storage; 4. Dr. Edith Traxler, 11467 Highview Avenue, office in home. Wachter moved, Parranto seconded the motion to approve the foregoing applications for conditional permit renewal with the exception of Merlin Barfknecht who will be contacted by the City Administrator concerning exten- sion of the conditional use permit. All voted yea. D 81-17 PAUL TAYLOR VS. COUNCILMMBERS SMITH, PARRANTO AND EGAN It was reported that Blue Ridge Insurance Company, the liability carrier for the City officials, has agreed to provide defense counsel for Council- members James Smith, Mark Parranto and Tom Egan in the action being brought by Paul Taylor for alleged open meeting law violations. There was a question as to whether the City Council could pay a punitive damage award for Council- members. 1981 LEGISLATIVE UPDATE The City Administrator briefly reviewed the Legislative update that was held by the League of Cities the prior week and stated that the League has taken a strong position that the Legislative bill that would abolish the sale of paraphernalia in the State of Minnesota be supported. JAMES HORNE APPEARANCE WARNING SIRENS Mr. Horne appeared and stated that he was concerned about the existing noise level in the City Hall area including the Eagan squad cars and future freeway noise. He requested that the warning sign be moved east of the Police building on public land. ROSS KRAMER BLACKHAWK LAKE OUTLET Paul Hauge explained to the Council that an appraisal by Mr. and Mrs. Ross Kramer covering the proposed taking by the City for the Blackhawk Lake storm sewer outlet has been received and the request made for payment of $17,000. The City Attorney was asked to submit a review of the proposed easement acquisition to the City Council for later consideration. ROSEMARY RHODES RESIGNATION The City Administrator requested that the Council accept the resignation of Rosemary Rhodes as cashier/receptionist and authorize procedures necessary to fill the vacancy. Wachter moved, Egan seconded the motion to accept the recommendation. All voted yes. 11 Council Minutes March 17, 1981 BUILDINGS AND GROUNDS MAINTENANCE WORKER The City Administrator recommended that Terry Gilsrud be hired to fill the position of Buildings and Grounds Maintenance Worker to replace Joe Haluza. He further recommended that the firm of Community Employment be given 30 days notice of termination concerning janitorial services in the City buildings and that Mr. Gilsrud fill that position also. Egan moved, Wachter seconded the motion to hire Mr. Gilsrud and to implement the recommendations of the City Administrator. All voted yes. DRUG PARAPHERNALIA HEARING It was noted that on March 25, 1981 a hearing will be held before the Legislative Subcommittee in Room 83 at 7:00 P.M. concerning drug paraphernalia legislation. DEVELOPMENT BOND PROPOSALS Smith moved, Wachter seconded the motion to continue consideration of the development bond revisions as recommended by the Public Works Director to the next regular meeting. All voted yea. PARK BOARD ACTIVE PARK USE STUDY Blomquist moved, Wachter seconded a motion to request that the Advisory Park and Recreation Committee prepare a study concerning active uses in desig- nated parks in the City. All voted yes except Parranto who abstained. BUR OAK POND CONDEMNATION PROCEEDINGS It was recommended by the Public Works Director that the following con- demnation proceedings be commenced and that the City Attorney continue with negotiations for acquisition of easements in the Bur Oak Pond Project #182R: 1. Frank Huml Property. Parranto moved, Wachter seconded the motion to authorize commencement of condemnation covering the Frank Huml property. All voted yes. 2. Chapdelaine Property. Egan moved, Wachter seconded the motion to authorize commencement of condemnation under Project #319 consisting of storm sewer outlet from Bur Oak Pond covering two parcels, 03052 and 01030 covering the Chapdelaine property. All voted yes. THOMAS LAKE ROAD PROJECT #237 Mr. Colbert submitted a report recommending that the utility and street assessments relating to the Richard Smith, James Barker and Richard Scherer properties adjacent to east Thomas Lake Road be cancelled but that they be reimposed under certain conditions including rezoning, change in use, or hook up of the property. Smith moved, Parranto seconded the motion to authorize the cancellation of the assessments as recommended by the Public Works 12 00066 Council Minutes March 17, 1981 Director subject to the execution of a proper agreement of dismissal of the assessment appeals. All voted yes. PAUL DUNCAN IMPROVEMENT PROJECT #275 ASSESSMENTS The Public Works Director then reviewed the assessment appeal of Paul Duncan for utility and street improvements in the Slater Road area adjacent to I-35E and Cedar Avenue Freeway under Improvement Project #275 and recommended that the Council approve a proposal for settling the assessment appeal brought by Mr. Duncan. The City would install concrete curb and gutter with no additional assessment to the Duncans. Parranto moved, Wachter seconded the motion to approve the recommendation to authorize the entry into the agreement for dismissal of the appeal. All voted in favor. VICKI BUSICK RESIGNATION The resignation of Vicki Busick as Engineering Department Secretary was recommended for approval and authorization was requested to allow the Administrator to seek a replacement of the position. Wachter moved, Parranto seconded the motion to accept the recommendation. All voted in favor. VOUCHERS Egan moved, Wachter seconded a motion to approve the following vouchers: 17616-17615; 076101-07678. All voted in favor. ADJOURNMENT Upon motion of Wachter, seconded Egan, all voting in favor, the meeting adjourned at 12:15 a.m. PHH "(k') ILL 4 Y C 11K 13