Loading...
04/07/1981 - City Council Regular 000"0 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA APRIL 1981 A regular meeting of the Eagan City Council was held on Tuesday, April 7, 1981 at 6:30 p.m. at the Eagan City Hall. Present were Mayor Blomquist and Councilmembers Egan, Smith, Wachter and Parranto. Also present were Public Works Director Colbert, City Administrator Hedges, Assistant City Engineer Gordon, and City Attorney Hauge. AGENDA After the Pledge of Allegiance the agenda was approved with some possible revisions due to the extended agenda. MINUTES Upon motion of Wachter, seconded by Egan, all voting in favor, the min- utes of the March 17, 1981 meeting were approved. All voted in favor. GEORGE HOEY COUNTY JUDGE APPOINTMENT The Mayor introduced George Hoey who has acted as City Prosecutor and who has recently resigned from that position due to being appointed by Governor Quie as Dakota County Judge. Mayor Blomquist presented Mr. Hoey with a plaque and a key to the City, thanking him for his years of service as the City Prosecutor. TOOTSIE ROLL PROCLAMATION Councilmember Smith proposed a Resolution proclaiming April 24 to April 26, 1981, as Tootsie Roll Days sponsored in Eagan by the local chapter of the Knights of Columbus. R 81-18 ATLANTA'S CHILDREN RESOLUTION Blomquist moved, Egan seconded the motion to adopt a resolution requested by Alderman Charlee Hoyt, 13th Ward of Minneapolis, whereby the City Council of the City of Eagan and the residents of Eagan support and join in wearing and displaying a green ribbon showing their concern and support for the Black families and their children in Atlanta, Georgia. All voted in favor. R 81-19 POLICE DEPARTMENT Police Chief Martin DesLauriers was present. 1. Linda Scott Residency Requirement. A request was submitted from Linda Scott, an Eagan Patrolman, for a waiver of the personnel policy requiring that all sworn officers in the Police Department upon completion of a probationary period set up residence within the corporate limits of the City of Eagan. A letter from Ms. Scott was reviewed and it was recommended by the Police Chief 1 Council Minutes April 7, 1981 that the request be granted providing for Ms. Scott to live within a quarter of a mile from the City. Blomquist moved, Egan seconded the motion to accept the request and approve the recommendation of the Police Chief noting that she will be living less than one-quarter of a mile from the City and that she will be buying only an interim mobile home, but that this is not a precedent because of the need for the Police to be accessible for emergency purposes within the City of Eagan. All voted yea. 2. Prosecutor Appointment. After discussion of various options con- cerning appointment of the replacement prosecutor, Wachter moved, Smith sec- onded the motion to appoint the firm of Paul H. Hauge & Associates, P.A., as the prosecutors for the City indicating that Richard Krambeer, the former partner of George Hoey, would primarily serve in the prosecutor's function. All voted in favor. PARK COtl1TTEE Ken Vraa was present. 1. Patrick Eagan Park Fence. Mr. Vraa indicated that bids had now been solicited for a fence project at the Patrick Eagan Park and recommended the low bid of $8,985 with United States Steel Cyclone Fence. Parranto moved, Smith seconded the motion to approve the recommendation and award the contract to United States Steel. All voted in favor except Wachter who voted no. 2. Park Maintenance Employees. Mr. Vraa recommended that Dan Curtin and Greg Ebel be appointed as Park Maintenance employees and noted that 100 appli- cations were received for the two openings. Wachter moved, Egan seconded the motion to approve the recommendation. All voted yea. CONSENT AGENDA The following consent items were recommended for approval by the staff. 1. Bluegold Softball Association 3.2 Beer License. The application of Larry Duvick for temporary 3.2 non-intoxicating malt liquor license for Blue- gold Softball Association for May 16, 1981 at the Northview Athletic Field was recommended for approval. 2. Valley Lounge Softball Team 3.2 Beer License. An application from Gary Skinn for a temporary 3.2 beer license for Valley Lounge Softball Team for June 20, 1981, at the Northview Athletic Field was recommended for approval. 3. Service Station Renewals. The 1981 service station renewals as follows were recommended for approval by the Council: a. Alan's Auto Care Center, 4195 Cedar Avenue South b. Standard Oil, 4205 Cedar Avenue South c. George Huber's Standard Service, 3206 Sibley Memorial Highway d. Mendota Skelly Oil, 3150 Dodd Road e. Q Petroleum, 4206 Cedar Avenue South 2 00072 Council Minutes April 7, 1981 f. Sinclair Station, 3946 Cedar Avenue South g. SuperAmerica, County Road 30 and Highway 13 h. Yankee Square Standard, 1424 Yankee Doodle Road 4. Health Insurance Bids. It was noted that Mutual Service is proposing a 34.8% increase in the health insurance package for the City and that it would be necessary to solicit bids pursuant to State law. The City Administrator recommended that his office be authorized to prepare plans and specifications for health care insurance programs and return such to the City Council with the specifications. 5. Hilltop/Duckwood Estates Streets, Contract #221B. It was recommended that Change Order #1 to Contract #221B, Duckwood Estates and Hilltop Estates streets in the amount of $27,357.60 consisting of two parts be approved. 6. Hilltop Estates Streets/Duckwood Estates Streets, Improvement Project #221B. Change Order #2 to Improvement Project #221B, Hilltop and Duckwood Estates streets, in the amount of $12,252.50 was recommended for approval. 7. Improvement #79-7, Wilderness Run Road Grading. The Public Works Director recommended approval of the fourth and final payment under Improve- ment #79-7 to Enebek Construction Company in the amount of $18,793.07 covering Wilderness Run Road grading project, Improvement #267. 8. Improvement #79-12, Dodd Road Streets. The City Engineer recommended approval of the sixth and final payment for Improvement #79-12 consisting of Dodd Road streets to Enebek Construction Company in the amount of $22,604.01 and acceptance of the street for perpetual maintenance. 9. Improvement #79-18, Brittany, Lake Park, Thomas Lake Utilities. The Public Works Director recommended approval of the tenth and final payment request under Improvement #79-18, Brittany 1st Addition, Lake Park Addition, and Thomas Lake utility improvements to Richard Knutson, Inc., in the amount of $10,594 and acceptance of the project for perpetual maintenance. 10. Improvement #80-13, Ches Mar East 1st Addition Streets. It was recommended that the fifth and final pay request for Improvement #80-13 con- sisting of Ches Mar East 1st Addition street improvements payable to Bitum- inous Roadways, Inc., in the amount of $3,899.35 be approved and that the project be accepted for perpetual maintenance by the City. 11. Improvement #332, Overhill Farm Addition Petition. A petition has been received from the developers of proposed Overhill Farm Addition and it was recommended that the petition be accepted and that the City Engineer be authorized to prepare a feasibility report for Improvement Project #332 con- sisting of streets and utilities in the addition. 12. Improvement Project #333, Pilot Knob Center. The petition from the developers of proposed Pilot Knob Center for streets and utilities was recom- mended for acceptance and it was also recommended that the City Engineer be authorized to prepare the feasibility report for the project and preparation of plans and specifications. 3 o0073 Council Minutes April 7, 1981 13. Improvement Project #334, Pilot Knob Road Services. It was recom- mended that the feasibility report for Project #334 consisting of Pilot Knob Road utility services be accepted and that a public hearing be scheduled on April 21, 1981 at 7:00 p.m. at the City Hall. 14. Plans and Specifications for Backhoe, Public Works Department. The plans and specifications have been completed for a new tractor backhoe for the Public Works Maintenance Department and it was recommended that the plans and specifications be approved and that the Clerk be authorized to advertise for bids with the bid opening scheduled for May 7, 1981 at 3:00 p.m. at the City Hall. 15. Dump Truck Bids. The plans and specifications for a new single axle maintenance truck with snow plow attachment were recommended for approval and authorization for the Clerk to advertise for bids with the opening to be held on May 7, 1981 at 3:00 p.m. at the City Hall was requested. 16. Improvement Project #225, Wescott Road Streets. The eleventh and final payment for Improvement Project #225, consisting of Wescott Road im- provements, to McNamara Vivant Construction Company in the amount of $11,726.38 and acceptance for perpetual maintenance was recommended for ap- proval. Smith moved, Wachter seconded a motion to approve all recommendations above on the Consent Agenda and order their implementation. All voted yes. GALATTE AVENUE STREETS AND UTILITIES PROJECT #316 The Mayor convened the public hearing regarding the Galaxie Avenue streets and utility improvements and it was explained by Keith Gordon of the City Engineer's office in detail. Mrs. Schindeldecker appeared and objected to the amount of the assessments. It was noted the Special Assessment Com- mittee had recommended approval of a Senior Citizen's deferral for the Schindeldeckers. Byron Watschke appeared in support of the project. It was noted the sanitary sewer improvements had been requested by the developer of Ridgecliffe Addition and that the staff initiated the agreement with MN/DOT covering utilities and grading. Mr. William Soules, attorney for the Zylka property, was present and indicated that the owners of the Zylka property favored the improvements and further indicated that easements required from the owners of that property will be presented to the City without cost to the City. The only cost to the City for easements were from Mr. and Mrs. Schindeldecker. After extended discussion, Parranto moved, Wachter seconded a motion to close the hearing, to order in the project, and authorize the City Engineer to prepare plans and specifications. All voted in favor. IMPROVEMENT PROJECT #323 COACHMAN LAND COMPANP! 1ST ADDITION STREETS AND UTILITIES After the Mayor convened the public hearing regarding street and utility improvements in Coachman Land Company 1st Addition, Keith Gordon explained the project briefly. There were no appearances or objections to the project except a representative of Rosewood Corporation who favored the installation 4 06074 Council Minutes April 7, 1981 of the improvements. Wachter moved, Egan seconded a motion to close the hearing, to order in the improvements as requested and to authorize the City Engineer to prepare the plans and specifications. All voted yes. IMPROVEMENT PROJECT #325 TIMBERLINE ADDITION STREET LIGHTS The public hearing which had been continued from the March 3 meeting regarding street light improvements in Timberline Addition was next convened by Mayor Bea Blomquist. It was noted that a neighborhood meeting had been held with about 35 people present with a poll at the meeting indicating 24 against the proposal and 10 in favor, noting there was still some uncertainty as to the consensus of some of the residents in the subdivision. A number of affected property owners were present both favoring and opposing the project. After considerable discussion, Smith moved, Parranto seconded the motion to continue the hearing to the May 5, 1981 Council meeting and that the staff send post cards to all affected owners requesting their preference as to whether they favored the street lighting and if so the type of lighting favored by those in the subdivision. It was requested that the cards be returned to the City Hall by April 30. All voted yes. JOYCE ADDITION STREETS AND UTILITIES PROJECT #327 The next public hearing convened by the Mayor concerned street and util- ity improvements in proposed Joyce Addition. There were no objections and the developer requested approval. Parranto moved, Egan seconded the motion to close the hearing, to order in the project, and authorize that the specifica- tions be prepared by the City Engineer's office. All voted in favor. IMPROVEMENT PROJECT #328 CHES MAR EAST 4TH ADDITION STREETS AND UTILITIES The Mayor convened the hearing for Improvement Project #328 consisting of street and utility improvements in Ches Mar East 4th Addition. The developer requested approval of the project and there were no objections voiced at the hearing. Smith moved, Wachter seconded a motion to close the hearing, to order in the project and authorize preparation of the plans and specifications for the improvements. All voted yes. J.P.K. PARK ADDITION FINAL PLAT The final plat for J.P.K. Park Addition was recommended for approval by the City staff. Wachter moved, Egan seconded a motion to approve the final plat of J.P.K. Park Addition subject to all City requirements, including ordinances. All voted in favor except Parranto who abstained. R 81-20 GALAZIE PARK ADDITION - REZONING AND PRELIMINARY PLAT D 81-19 The application of Thomas W. Heiberg for rezoning from Agricultural to Planned Development and preliminary plat approval of Galaxie Park Addition on Galaxie Road south of Cliff Road was presented to the Council. Mr. Heiberg was present as was Stelios Astelinidos, his planner. Councilmember Parranto stated that he is currently the appraiser for the present owner of the prop- erty and although he assumed there was no conflict, he vacated his chair 5 06075 Council Minutes April 7, 1981 because of potential claims of conflict and did not act on the application. The proposal by the Planning Commission for the inclusion of condominium coverage under Ordinance 52 was reviewed including a suggestion that a defini- tion of condominiums be utilized but that each condominium project should then comply with density provisions. It was noted that the 18.6 acre parcel would exceed the three to six units per acre density up to 6.4 units per acre and Mayor Blomquist indicated she opposed the attempts to use Planned Developments to vary density on a blanket basis. Mr. Watschke was present and objected that the lots bordering Safari Addition were detrimental to the large lots in Safari Estates. Mr. Heiberg and Mr. Astelindos both made presentations to the Council and attempted to answer questions by the Councilmembers. Council- member Smith objected to building higher density first and that changes of zoning of this magnitude should then go through the process of zoning for each use. He also recommended that amendment to the ordinance provide for a defi- nition of condominium. He suggested to Councilmembers that unless there is adequate reason for building at the maximum allowed density within a specific density category, it should not be allowed and that an average density should be utilized. It was noted that there is a pond of about 14.5 acres and another diversity in the type of development. Councilmember Egan stated the density is too great on the 15.68 parcel. After considerable discussion, Egan moved, Wachter seconded the motion to deny the application for rezoning to Planned Development on the basis that the density as outlined above appears to be too great and the densities appear to be at a maximum under the density category; further, that the density was not consistent with the proposed densities under the comprehensive plan; it was further recommended that the developer submit a revision to the density. It was recommended that the number of single family and duplex units be increased and the townhouse units be reduced. It was noted also the Planned Development concept is being abused to increase densities on a blanket vari- ance basis and that a reduction in density should be proposed by the developer and resubmitted to the Planning Commission for review and recommendation. All voted in favor except Parranto who abstained. Egan then moved, Smith seconded the motion, to deny the preliminary plat application. All voted in favor except Parranto who did not vote. COMPREHENSIVE GUIDE PLAN Mayor Blomquist indicated that the Board of School District #191 has authorized the purchase of a high school site in the City of Eagan east of Lexington Avenue and the proposed location on the Comprehensive Guide Map should be changed. The changes indicated by the City Planner to the Compre- hensive Guide were reviewed briefly and it was noted that the zoning map prevailed and the Comprehensive Plan is only a guide for development in the City. There will be six changes in the Land Use Map under the proposal. James Horne was present and asked whether a study would be made concerning the Horne property and the Mayor indicated that the Council is not now addressing specific sites which had been done by the Planning Commission and Council over the past few years. 6 1 OC OlG Council Minutes April 7, 1981 Councilmember Wachter indicated he opposed the Metropolitan Council con- trol regarding Comprehensive Guide Planning over the Cities. Smith moved, Egan seconded a motion to approve the Comprehensive Plan and submit it to the Metropolitan Council. All voted in favor except Wachter who voted no. R 81-21 CINNAMON RIDGE REZONING AND PRELIMINARY PLAT The application of Zachman Homes, Inc., for rezoning from Agricultural to Planned Development and preliminary plat approval of Cinnamon Ridge Addition north and west of new Cedar Avenue, T.H. #77, and Cliff Road was next reviewed by the Council. It was noted that the Planning Commission recommended denial for a number of reasons. Steve Ryan of Zachman Homes was present and reviewed the project with the Council in detail. A large group of area residents were present generally opposing the project. The new proposal would indicate a minimum setback of 100 feet and also provide that each single family cluster would meet the zoning density requirements. Mr. Ryan also stated there would be about 6-8 acres of open space with no park credit as recommended by the Park Committee. The commercial area would be reduced by four acres. Councilmember Smith indicated that he preferred to have Metcalf Drive go straight through in some form; that Burnsville residents who petitioned the Council to vacate the two streets caused a disservice to Eagan; that the 150 foot setback is not an absolute setback due to changed conditions; and that the commercial or office area should be approved by the City only if a need is shown. The neighbors generally objected to the Metcalf Drive opening through River Hills 9th Addition. Richard Victor read a detailed statement on behalf of the residents in that subdivision. He noted that the two main issues that were left appeared to be the Metcalf Drive extension and 150 foot setback, with certain other objections, however, to the project. He outlined some of the remaining issues regarding the Metcalf Drive extension in the Cinnamon Ridge Addition. He stated that the drainage pond would require removal of trees, the zoning ordinance doesn't provide for an R-1 cluster and there would be an increase in the residential area of 50 units by eliminating some pro- posed commercial. Wachter indicated he opposed the commercial in the proposed location and that it would create greater congestion and recommended the new proposal go back to the Planning Commission for review. Parranto recommended that nego- tiations take place because of the existing zoning and the obligation of the Council to assist in the resolution of the proposal. Councilmember Egan suggested that a resolution be determined and that a major revision has taken place due to the vacation of the streets in Burnsville, that Metcalf Drive is on the major street plan and there is a need for connection for safety pur- poses, further, he opposed the commercial in the location proposed by the developer. Mayor Blomquist objected to the commercial partially because of the view from the site. Smith moved, Wachter seconded the motion to deny the application for rezoning to Planned Development for the reasons stated above. All voted in favor. Smith then moved, Parranto seconded the motion to refer, the applica- 7 00077 Council Minutes April 7, 1981 tion for preliminary plat back to the Advisory Planning Commission with the following understanding: 1. That Dakota County be requested to react to the Cliff Road access. 2. That there be a review of the proposed commercial use. 3. That revisions to the proposed Metcalf Drive to reduce its impact on the area be reviewed. 4. That the possibility of condominium development in the commercial area be discussed. 5. That the staff address the issue of the vacated streets in Burnsville. 6. That the developer be encouraged to provide for additional single family bordering on existing single family development. All voted in favor. METCALF DRIVE VACATION PETITION A petition from residents in the River Hills 9th Addition to vacate Metcalf Drive in River Hills 9th Addition was next discussed. Because of the recommendation that the application of Cinnamon Ridge Addition be reviewed by the Planning Commission, Egan moved, Wachter seconded a motion to continue the consideration of the hearing for the vacation of Metcalf Drive indefinitely until the Cinnamon Ridge development proposal is again considered by the City Council. All voted in favor. OVERVIEW ESTATES REZONING The application of Bart Dunn for rezoning of certain lots in Overview Estates from R-1 to R-2 was, upon motion of Egan, seconded Wachter, all voting in favor, continued until the next meeting. All voted yes. INDUSTRIAL REVENUE FINANCING POLICY YANKEE SQUARE OFFICE PARK III The application submitted by the developers of Yankee Square Office III for $1,403,480 industrial revenue financing was next reviewed. Egan moved, Wachter seconded the motion to accept the request and schedule a public hear- ing on the application for May 15, 1981 at 7:00 p.m. at the City Hall to consider industrial revenue bond financing for the office building. TARA COURT ADDITION FINAL PUT APPROVAL The application of Arthur Shields for final plat approval of Tara Court was next considered. Mr. Shields was present and indicated he agreed with all the conditions imposed by the Planning Commission and requested that a build- ing permit be granted before final plat approval. Wachter moved, Egan second- ed a motion to approve the application and the building permit subject to R 81-22 8 D 81-20 Council Minutes QCUS April 7, 1981 staff approval. All voted yes. DEVELOPMENT CONTRACT POLICIES The Public Works Director presented a report reviewing existing financial guarantee policies under the Development Contracts as part of the platting process in the City. After discussion, Smith moved, Parranto seconded a motion to approve the proposed policy changes for the year 1981 and that the Council then review the additional changes prior to January 1, 1982. All voted yes. D 81-21 SILVER BELL ROAD INTERSECTION WITH T.H. #13 The City Administrator indicated a meeting had been held between repre- sentatives of MN/DOT and merchants in the Cedarvale Shopping Center area to discuss the minor construction east of the intersection of Silver Bell Road and new T.H. #13 in the spring of 1981. The Cedarvale Merchants requested a break in the proposed median on Silver Bell and that a no right turn on red from Highway #13 onto Silver Bell Road also be installed. There was discus- sion concerning the alternate and certain Councilmembers recommended no median on Silver Bell Road. After discussion, Egan moved to approve the proposal of MN/DOT providing for a break in the median from old 13 on Silver Bell. There was no second and the motion died. Wachter then moved to provide for no break in the median but that the stop signs on Silver Bell going north at Beau D' Rue Drive be installed. There was no second and the motion died. Councilmember Smith then moved to approve the installation of the median with a break at old 13 on Silver Bell and further that there be no left turn during the rush hours as determined by the City Council; further to provide left turn from Silver Bell Road to old Highway 13 except during rush hours. Egan seconded the motion. Those in favor were Smith, Egan and Blomquist. Wachter and Parranto voted no. Smith then moved, Parranto seconded a motion to provide for no right turn on red during rush hour on the eastbound lane of new T.H. #13 at Silver Bell Road and that if MN/DOT refuses to install such a no right turn sign, then under those conditions that a no right turn on red at that location on #13 be installed. All voted in favor. Wachter then moved to install three-way stops at Silver Bell Road and Beau D' Rue Drive with a review of the stop sign installation two months after installation. Parranto seconded the motion and all voted in favor. RAHN ROAD AND BEAU D' RUE DRIVE STOP SIGN The staff recommended approval of a four way stop sign at Rahn Road and Beau D' Rue Drive to alleviate traffic problems at that location. Parranto moved, Wachter seconded the motion to place oversized stop signs at all four corners of Rahn Road and Beau D' Rue Drive at such time as staff recommends regular sized signs can be installed. All voted yes. 9 OC079 Council Minutes April 7, 1981 BLUE GENTIAN ROAD SPEED STUDY Because of traffic problems on Blue Gentian Road north of T.H. #55, the staff recommended that the City Council request the District #9 Traffic Engineering Department to perform a speed study to officially reduce the speed limit on Blue Gentian Road to 30 m.p.h. After discussion, Smith moved, Egan seconded the motion to direct the staff to install 30 m.p.h. speed signs on private property if necessary and to review the state law regarding the power of the City as to reducing speed limits; if the installation of speed limit signs by the City is not effective that a request then be made to MN/DOT through District 9 for a speed study for ultimate reduction to 30 m.p.h. on Blue Gentian Road; further, that "No Through Traffic" signs be installed as requested by the Council at an earlier time. All voted yes. MAJOR INTERSECTION STREET LIGHTING REVIEW Discussion by the Council regarding policy setting for major intersection street lighting was continued until a later meeting. IMPROVEMENT #81-4 PLANS AND SPECIFICATIONS The plans and specifications for Improvement Project #81-4 consisting of Projects #307, St. Francis Wood 2nd Addition; Project #324, Safari At Eagan Addition; Project #328, Ches Mar East 4th Addition; and Project #329, Cedar Cliff 2nd Addition were recommended for approval. Egan moved, Wachter sec- onded the motion to approve the plans and specifications and authorize the Clerk to advertise for bids to be opened on Thursday, April 30, 1981 at 3:00 p.m. at the City Hall. SPECIAL ASSESSMENT COMMITTEE The Special Assessment Committee met on March 31, 1981 at which time certain recommendations were made to the Council concerning requests from property owners in the City regarding special assessments. Thomas Walker was present and the Council reviewed the request of property owners under Project #241 on Golden Meadow Road nerar Dodd Road for reduction in the assessments in return for the dedication of ponding easements. The Assessment Committee recommended approval of the reduction of the assessments for Armand Laurent, Thomas Murr, Jack Germaine, and Thomas Walker, both existing and future area assessments in the area within which pond easements are dedicated with the understanding that all owners will dedicate ponding easements as requested by the City. Smith moved, Wachter seconded a motion to accept and implement the recommendation of the City. All voted in favor. CONSENT AGENDA The following items from the Consent Agenda were discussed in detail by the Council. 1. Wescott Road Street Improvement Project #225. It was recommended to 10 0C G50 Council Mintues April 7, 1981 approve Change Order #3 to Improvement Project #225 consisting of Wescott Road streets in the amount of $12,262. 2. Quarry Lane Streets, Improvement #80-17. It was recommended that Change Order #1 to Improvement #80-17 consisting of Quarry Lane streets Im- provement Project #199 R in the amount of $899.56 be approved. 3. St. Francis Wood Street Improvements, Improvement Project #231 A. The four part Change Order #1 to Improvement Project #231A consisting of St. Francis Wood and other development project streets in the amount of $12,198.25 was recommended for approval. 4. Improvement #79-1, Beacon Hill Utilities. The staff recommended the approval of the thirteenth and final payment for Improvement #79-1 consisting of Beacon Hill utility improvements to Fredrickson Excavating Company, Inc., in the amount of $6,077 , and acceptance of the utilities for perpetual maintenance. 5. Improvement #79-2, Beacon Hills Streets. The Public Works Director recommended acceptance of the streets for perpetual maintenance in Beacon Hill Addition and approval of the tenth and final payment to McNamara Vivant Contracting Company in the amount of $5,006.30 under Improvement Project #262B. 6. Cedar Avenue Trunk Utilities, Improvement #79-10. The seventh and final payment under Improvement #79-10 consisting of Cedar Avenue trunk im- provements was recommended for approval with payment to Richard Knutson, Inc., in the amount of $36,600.95 and the project be accepted for permanent mainten- ance. 7. Ches Mar East 2nd and 3rd Utilities, Improvement #80-8. It was recommended that the fifth and final payment under Improvement #80-8 consist- ing of Ches Mar East 2nd and 3rd utility improvements be made to Fredrickson Excavating Co., Inc., in the amount of $8,687.25 and that the City accept the project for perpetual maintenance. 8. Hilltop/Duckwood Estates Streets. The final payment under Improve- ment Project #221B for the Duckwood/Hilltop Estates street improvements pay- able to McNamara Vivant Contracting Company in the amount of $17,769.30 and acceptance of the project for perpetual maintenance purposes were recommended for approval. 9. St. Francis Wood Street Improvements, Project #231A. The final payment request and certification of compliance with all plans and specifica- tions was submitted by Bonestroo, Rosene, Anderlik & Associates for Improve- ment Project #231A consisting of streets in St. Francis Wood and other addi- tions. It was noted the project had been assessed in 1979 for both Duckwood Estates and Hilltop Estates based upon estimates for completion costs of the project. Certain Councilmembers indicated dissatisfaction with the method of handling the assessments and completion of those projects noting that ad- ditional costs will be required to be paid from City funds. It was recom- mended that the ninth and final payment for Improvement Project #231A to 11 00081 Council Minutes April 7, 1981 McNamara Vivant Contracting Company in the sum of $5,688.85 be approved and the project be accepted for perpetual maintenance. 10. Galaxie Park Addition Petition, Project #331. The request for a feasibility report upon receipt of a petition from the developer of proposed Galaxie Park Addition under Improvement Project #331 was next discussed. Noting the project had not been approved, Wachter moved, Egan seconded the motion, it was resolved that the petition be held in abeyance until further action by the City Council on the rezoning and proposed plat. All voted yes. 11. Improvement Project #334, Pilot Knob Road Services. It was recom- mended that the feasibility report for Improvement Project #334 consisting of utility services on Pilot Knob Road be accepted and that the public hearing be scheduled for April 21, 1981 at 7:00 p.m. at the City Hall. 12. Improvement Project #3105, Pilot Knob Street and Utilities. It was noted that the County has opened bids for pending improvement of Pilot Knob Road and the related adjustment to City utililties. The low bid was from McNamara Vivant Contracting in the sum of $1,296,783.32 compared with the engineer's estimate of $1,612,219. The City's share of construction would be $705,606 and it was recommended by the Public Works Director to approve and accept the low bid submitted by McNamara Vivant for Dakota County contract #3105. Egan moved, Parranto seconded the motion to approve the foregoing consent items and order each to be implemented by the staff. All voted yes. ROSS KRAMER BLACKHAWI LAWR OUTLET The City Attorney reviewed his letter to the Council regarding the re- quest of Mr. and Mrs. Ross Kramer for payment for the easement for the Blackhawk Lake outlet including all additional costs to the City for the acquisition of the easement. The Council had made an offer of $10,000 for the easement and the demand was for $17,000 plus other consideration. No action was taken by the Council and the City Attorney was directed to continue the condemnation proceedings. WINDMILLS The staff was requested to review a proposed policy concerning the con- truction and permits for the construction of windmills in the City and to report back to the Council. VOUCHERS Egan moved, Wachter seconded a motion to approve the following vouchers: 097101 - 097932. All voted in favor. 12 06082 Council Minutes April 7, 1981 ADJOURNMENT Upon motion duly made and seconded the meeting adjourned at 12:20 a.m. All voted yes. PHH 't 11 {City erk