Loading...
03/01/1983 - City Council Regular 0U041 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA MARCH 1, 1983 A regular meeting of the Eagan City Council was held on Tuesday, March 1, 1983 at the Eagan City Hall. Present were Mayor Blomquist and City Council- members Smith, Thomas, Egan and Wachter. Also present were City Administrator Hedges, Public Works Director Colbert, City Engineer Rosene and City Attorney Hauge. AGENDA Upon motion duly made and seconded, the Agenda as distributed, was approved by the Council with the understanding that several items will be continued. All voted yes. MINUTES Upon motion by Smith, seconded Wachter, it was resolved that the minutes of the regular meeting of Febraury 15, 1983 be approved with the exception, however, that on page 3, regarding the Trapping Ordinance, one sentence should read "One resident stated that there is an excess of animals, including racoons and it is of benefit to have an Ordinance allowing some trapping;" further, on page 7, the vote on the motion regarding Change Order on City Hall Plans in the sum of $4,044.00 was not voted upon by Councilmembers Wachter and Smith and Mr. Wachter stated that he opposed the request because of inadequate information. All voted in favor of the motion. Egan moved, Thomas seconded the motion and all voted in favor, to approve the minutes of the special council meetings of January 12, 1983 and February 8, 1983. REAL ESTATE TAX ABATEMENT A representative from the Dakota County Assessor's office appeared with regard to the Richard F. Miller property in Wilderness Park Addition. It was recommended that the assessed value be reduced to $26,104 and upon motion by Wachter, seconded Egan, it was resolved that the recommendation be approved. All voted in favor. 1 0004 2 Council Minutes March 1, 1983 FIRE DEPARTMENT Fire Chief Childers and Ken Southorn and Richard Schindledecker appeared on behalf of the Volunteer Fire Department and requested authorization to recruit eleven additional volunteer firefighters. There was extensive discus- sion concerning the budgetary impact and how the manpower distribution could be improved by shift and station with the additional volunteer firefighters. Issues were raised, including the current policy of the Council regarding maximum number of firefighters and Councilmen Smith indicated that he under- stood that 70 members, including officers, was the objective of the Council with the understanding that there be an adequate distribution amongst the three stations. Wachter moved that the existing vacancies in the fire depart- ment be filled and an attempt be made to determine the future retirees with the time of retirement. There was no second and the motion was withdrawn. After discussion, Thomas moved, Wachter seconded the motion to accept eight new applicants for the reason that it is expected to take one year in training and it is anticipated that there will be additional retirements, including the two resignations already submitted. There were concerns about setting a limit on the number of firefighters and the Mayor requested that the Fire Chief submit a list of persons who anticipate retirement. There were questions about the affect on the 1983 budget and a report submitted by Fire Chief Childers dated February 25, 1983 was also discussed. Those in favor were Wachter and Thomas, those against were Egan, and Smith; Blomquist abstained and requested the information be submitted concerning the potential retirees. Egan then moved that the Volunteer Fire Department supply the Council with a list of potential retirees and justification for increase in numbers to 79. It was understood that the maximum number currently is 70 and an attempt was to be made to acquire day-time members in the Department. Smith seconded the motion. Those in favor were Blomquist, Smith, Thomas and Egan; Wachter voted against. Smith then moved, Egan seconded the motion that up to five trainees be added for Stations 2 and 3 in anticipation of retirements before July 1, with the understanding that this would not create a substantial increase in the number of firefighters or the burden on the 1983 budget. Those in favor were Smith and Egan; those against were Thomas and Wachter; Blomquist ab- stained. PARK DEPARTMENT Ken Vraa appeared requesting authorization to proceed with the advertise- ment of bids for a 72 inch self-propelled rotary mower with accessories. He stated that the matter had been considered and approved by the Council as a consideration of the 1983 budget and that it would be purchased under Equip- ment Certificates. There was concern, however, that the item was not included in the 1983 budget. Egan moved, Thomas seconded the motion to authorize the advertisement for bids. All voted in favor except Wachter who voted no. 2 W 043 Council Minutes March 1, 1983 PROJECT #342 - CEDAR GROVE STREETS Mike Forester appeared with a Petition signed by approximately 100 persons requesting the Council resurface the streets in Cedar Grove Addition under Project #342 and that the Council not take bids on the installation of concrete curb and gutter. He stated 17 persons declined to sign and 14 stated they preferred curb and gutter in his survey. No action was taken. PUBLIC HEARINGS PROJECTS #355, #317, and #354 The Mayor convened the public hearings regarding Projects #355, Blackhawk Road Surfacing south of I-35E, Project #317, Blackhawk Road Streets and Utilities north of proposed I-35E, and Project #354, Blackhawk Road Trunk Storm Sewer at I-35E. Mr. Colbert and Mr. Rosene explained the projects in detail. It was noted that the MnDOT Park and Ride facility along the west side of the south end of Blackhawk Road would not be assessed for the street improvements, in that MnDOT has decided that it will not accept assessments for the improvements. The improvements would then be required to be paid from the City's major street fund. A number of affected property owners were present, some of whom objected to portions of the project. Tom Klein asked if grading and gravel base had been assessed and asked questions about the assessments. He was told that the grading and gravel base had been assessed on the southerly portion of Blackhawk Road and the proposal now is to complete the improvements including curb, gutter and surfacing. The construction is being built to 9-ton capacity because of anticipated heavy traffic. There were also concerns about need for traffic signals at Cliff and Blackhawk Road and also at County Road #30 and Blackhawk Road, but no signals are being planned at Cliff and Blackhawk Road at the present time. There is a sidewalk plan on the west of Blackhawk to connect with the sidewalk across the I-35E Bridge. Dave Sellergren, attorney for Cliff Road Properties appeared and submitted a written statement and also detailed some objections that Cliff Road Properties had to the proposed assessments. He stated that on-site ponds could possibly handle the run-off and that the purpose for the storm sewer construction is solely for I-35E. He stated Pitt Lake is proposed to be raised about 4 feet and it may infringe on some of the proposed development area. He further stated there is no assessment proposed for City park land within the highline easement and requested that that area also be assessed. It was noted, however, that this is an area assessment at standard assessment rates for storm sewer purposes. He also questioned the sizing of the pipe and suggested that additional comments from Cliff Road Properties be allowed during the development process. He stated that there is no immediate plan for development of the Cliff Road site and that much of the proposal is not needed for that property at the present time. He stated under Project #317 there was concern about the site of the proposed easement for sanitary sewer and asked 3 00044 Council Minutes March 1, 1983 that the layout be reviewed with the staff. He indicated that it is not expected that the revenue from the development would justify the amount of assessments and therefore suggested several methods of relieving the assess- ment burden on the developer. There were numerous questions from council- members and Councilman Wachter objected to MnDOT not paying for its share of the cost along the south portion of Blackhawk Road, adjacent to the Park and Ride site. Egan then moved, Smith seconded the motion to close the hearing regarding Project #355, to approve the project, to order in the project and authorize the preparation of plans and specifications. All voted in favor except Wachter who abstained. Smith then moved, Thomas seconded the motion to close the hearing concerning Project #317, to order in the project and autho- rize the City Engineer to prepare the plans and specifications for the project. All voted yes. Egan then moved, Wachter seconded the motion to close the hearing concerning Project #354, to order in the project and autho- rize the preparation of plans and specifications for Project #354. All voted in favor. LEXINGTON AVENUE - PROJECT #330 STREETS & STORM SEVER IMPROVEMENTS The next public hearing convened by Mayor Blomquist covered Project #330 consisting of streets and storm sewer improvements on Lexington Avenue from Cliff Road to Diffley Road. It was noted that a Petition had been received from the developer of the Lexington South PUD for improvement of Lexington Avenue and the City had entered into agreements with the developer and Dakota County for the ultimate upgrading of the road. The developer has dedicated the right-of-way and performed all necessary rough-grading prior to any con- struction by the County. It is understood that the County now has funds set aside for financing the improvements during 1983. There were no appearances by the developer but a letter from Rod Hardy of Sienna Corporation requesting special consideration concerning the length of the assessment spread and the amount of the assessments, in light of the fact that the developers dedicated all necessary right-of-way and performed substantial quantities of rough- grading, at no cost to the City or County, was reviewed. Mr. Rosene presented the report and it was noted the project will be a County Road project. The City's portion would cover the utility improvements and 45% of the cost of upgrading the street. There were concerns by the Council that the Contract not be awarded until the issue with the developer is resolved. There were no objections to the project. Smith moved, Wachter seconded the motion to close the hearing, and to order in the project and authorize the plans and specifi- cations with the understanding that the Contract will not be awarded until an understanding has been reached concerning assessments against the adjoining property. All voted in favor. 4 00045 Council Minutes March 1, 1983 TRAPPING ORDINANCE Council again considered a new draft of a Trapping Ordinance which was last considered at the regular meeting on February 15, 1983. The City Attorney indicated that there were slight revisions to the draft dated Febru- ary 18, 1983 which resulted from comments that had been received by a repre- sentative of the Department of Natural Resources.. There were a number of interested persons present in the audience. After discussion, Smith moved, Thomas seconded the motion to adopt the revised draft of the Trapping Ordinance and order its publication. All voted in favor. CEDAR ELEMENTARY SCHOOL - DRIVING SCHOOL REQUEST A request from Lee Dvorak and Nick Dvorak representing Dvorak Driving School, for use of a part of the 300 square feet of the Cedar Elementary School for a driving school was next presented to the Council. Nick Dvorak was present and indicated that 4 evenings a week will be used for classroom purposes. There were concerns about renting a portion of the school for other than a non-profit purpose, noting concerns of the neighbors when the school was vacated that the school would be used for non-profit purposes. It was also noted that no other uses have been found for the school and after discus- sion, Smith moved, Thomas seconded the motion to deny the application for the reason mentioned above. All voted yes. FISH LAKE ADDITION - PRELIMINARY PLAT The application of Reliance Builders for preliminary plat approval for Fish Lake Addition was again brought before the Council and had last been considered at its regular meeting of February 15, 1983. At that meeting, the Council requested further information be submitted for the March 1, 1983 meeting and a decision will be made on the application at the March 15 regular meeting. A report from Dale Runkle dated February 24, 1983 answering ques- tions of the Council concerning the updating of the zoning map of 1981, the total park contribution for the entire Pilot Knob Heights Planned Development and the designation of R-3 prior to the park land zoning were discussed in the Memorandum. Also letters from Bruce Malkerson, attorney for neighbors and Stuart Gale, attorney for Reliance Builders were reviewed by the Council. Dale Nathan, attorney, and Stuart Gale were present and no action was taken, but further information was requested from staff prior to the next regular meeting. 5 104% Council Minutes March 1, 1983 OFF-SALE LIQUOR LICENSE POLICY CHANGE A request of Gresser, Inc. for policy change for an additional off-sale liquor license on the West side of Eagan was recommended for continuance at the request of Mr. Gresser. Upon motion by Egan, seconded Wachter, it was resolved that the request be continued indefinitely. All voted in favor. MGM - OFF-SALE LIQUOR LICENSE APPLICATION Because the MGM liquor license application has not been submitted, Wachter moved, Thomas seconded the motion to continue the request for the license on an indefinite basis. All voted in favor. ELECTRICAL PERMIT INSPECTION FEE A request has been submitted by the electrical inspector for the City, Bill Akins, asking that the fee schedule be increased comparable to other communities that he serves. The schedule was reviewed in detail with the Council. Councilman Wachter stated that he is opposed to escalating the cost for residential construction, particularly in light of some of the percentage increases proposed. Councilmembers suggested that the staff review the merits of hiring a staff person for electrical inspection and Wachter moved, Smith seconded the motion to deny the request based upon the information received and that the staff study the feasibility of a City staff electrical inspector. All voted yes. COUNTY ROAD #30 AND #31 INTERCHANGE REQUEST A request from Mr. Ed Dunn to initiate a request that the County proceed with the relocation and upgrading of the intersection of County Roads #30 and #31 was again brought before the Council. Wachter moved, Egan seconded the motion to continue the issue indefinitely, until further information is re- ceived by the Council. All voted in favor. PROJECT #312 - NICOLS ROAD - SERVICE DRIVE CONSIDERATION City Public Works Director Tom Colbert stated that a neighborhood meeting had been held on February 17, 1983 with affected property owners on the service drive along Nicols Road with six of the eleven owners in attendance. There was unanimous consensus to eliminate the Nicols Road service drive, subject to certain considerations on behalf of the Council. Jerry Solheim, an owner, was present and agreed with the proposals, provided the conditions are implemented. Egan moved, Smith seconded the motion to eliminate the Nicols Road service drive under Project #342, subject to the following issues: 6 "G047 Council Minutes March 1, 1983 1. If the direct driveway access is made to Nicols Road and the con- crete curbing alternative for the internal streets in Cedar Grove 1st and 2nd Additions is installed that there will be no future assessments to these properties for the potential future upgrading of Nicols Road. 2. If the concrete curbing alternative is not approved for the overall Project 342, the property owners will be given an opportunity to enter into an agreement with the City whereby they will escrow their anticipated future assessment at today's rates for the upgrading of Nicols Road. 3. The driveway extensions to Nicols Road should be constructed to City driveway standards of aggregate base with bituminous surfacing to match the existing width of the present driveway or 20 feet, whichever is less with these costs to be considered part of the overall Project 342. 4. The restoration of the elimination of the service road shall blend into the existing yards and provide a finished product that is easily main- tainable in accordance with City standards. All voted in favor. ROSEMOUNT ENGINEERING - IR BOND - FINAL RESOLUTION The final resolution to refund temporary IR financing for Rosemount Engineering of $2,130,000.00 was presented to the Council. It was noted that in 1980 temporary bonds were issued and that the bond counsel for Rosemount Engineering has indicated that a preliminary resolution on the refunding is not required. The temporary financing matures on April 1, 1983 and Emerson Electric Company will act as the guarantor. The issue would consist of a private offering with two financial institutions acquiring the issue. Smith moved, Wachter seconded the motion to adopt the final resolution to refund the temporary IR financing for Rosemount Engineering in the amount of $2,120,000.00. Several representatives of Rosemount Engineering were present. There were no objections and all voted in favor. SEE BOND FILE YANKEE SQUARE INN - IR FINANCING City Administrator Tom Hedges introduced the final resolution of the Yankee Square Inn partnership project for IR financing in the amount of $3,325,000.00. He stated that in late 1982, a public hearing was held and preliminary resolution approval was given for a hotel facility, as part of the Bicentennial PUD. He stated that the issue is intended as a public offering and that a irrevocable letter of credit is being provided by F & M Marquette National Bank. Letters from Miller & Schroeder, Juran & Moody and F & M Marquette were reviewed by the Council. Leonard Champer of Juran & Moody was present and also Charles Bartholdi, attorney for Federal Land Company. 7 000 8 Council Minutes March 1, 1983 Councilman Smith had concerns about the structure of the bonds and the seven year expiration date for the bonds with a 30 year amortization schedule, noting the issue would balloon in 7 years. There were questions of Mr. Champer and he stated that the irrevocable letter of credit will last for 7 years, with refinancing required at the end of that period. He also indicated that only interest would be paid during that time and principal would not be reduced during the 7 year period. There were concerns that the City may be forced into refinancing at the end of 7 years and that the federal and state laws on IR financing may change. Smith moved, Egan seconded the motion that the staff acquire additional information in writing, prior to the next regular meeting concerning the background of the bond issue and to make certain that the City Council is taking a viable position in approving the Resolution. All voted in favor. SPERRY PARK - PRELIMINARY PLAT Gerald Tank and Bill Dolan, Engineer, appeared on behalf of Sperry Cor- poration for approval of the preliminary plat of Sperry Park. The Advisory Planning Commission on February 22, 1983 recommended approval subject to certain conditions. Mr. Tank reviewed the proposed plat with the Council and several interested area owners were present with questions. John Gustin of the Timberline Association requested that the proposed trail not run along the north side of the plat, and also that it not be open to vehicular traffic. Mr. Tank stated that the plat was being submitted at the City's request. There were no objections to the plat. Thomas moved, Wachter seconded the motion to approve the preliminary plat for Sperry Park, subject to all City ordinances. All voted in favor. NORMAL VOGELPOHL - RESTAURANT VARIANCE Norman Vogelpohl was present on behalf of his application for a 10.4 foot variance from a 20 foot setback requirement for parking lot abutting a road right-of-way located on Lot 1, Block 2, Bicentennial 3rd Addition. It was noted that the Advisory Planning Commission recommended approval subject to certain conditions. Mr. Vogelpohl was present and stated that he would close off and move the entrance in the event that there are any problems that do arise and that the entrance would then be moved around the corner. He also stated that he will sign the Easement for the Silver Bell Road area. There were no objections to the proposal. Wachter moved, Smith seconded the motion to approve the application, subject to the following conditions: 8 00049 Council Minutes March 1, 1983 1. Applicant shall sign the westerly access on 81st Street as an "Enter Only" and the applicant and staff will study the traffic circulation after the restaurant has opened to determine whether access is hazardous and if the City determines it is harzardous, the applicant shall close off the most westerly access with the understanding that the City will review the issue within one year of opening and that the issue shall then be brought back to the Advisory Planning Commission if it is determined hazardous. 2. The applicant shall attempt to acquire the triangular parcel from Superamerica so that the two parcels can be squared off to provide better circulation around the restaurant facility. All voted in favor. SPERRY PARK - ROAD UNIT CHARGE Mr. Tank again appeared and requested that the Council authorize the road unit charge payment to be based upon the rate in effect when the building permit for the new Sperry Building was approved by the City. Smith moved, Egan seconded the motion to approve the request that the rate in effect at the time of the issuance of the building permit, be charged for the road unit charge for the Sperry Building. All voted in favor. COACHMAN LAND 2ND ADDITION - FINAL PLAT An application from Rosewood Corporation for final plat approval for Coachman Land Company 2nd Addition was presented to the Council. Ted Yoch and others from Rosewood Corporation were present. There were no objections and upon motion by Wachter, seconded Egan, it was resolved that the final plat be approved subject to compliance with applicable ordinances and execution of all necessary documents. All voted yes. SEE PLAT FILE R 83-8 ANCON VS. CITY OF EAGAN The City Administrator presented the Council with a proposed Resolution that is intended to settle the action entitled "Amcon and O.J. Sporting Goods vs. City of Eagan" brought in the Dakota County District Court. It was noted that the trial is scheduled to commence on March 3, 1983 requesting the District Court order the Council to rezone the Amcon property to Planned Development and in the alternative, $5,000,000.00 damages. The Joint Zoning Board on February 241, 1983 approved the proposed MnDOT ordinance for zoning around Wold Chamberlain field and also recommended approval of a bill prepared by MnDOT allowing deviation in airport zoning that is intended to be presented 9 0 0 Council Minutes March 1, 1983 to the 1983 Legislature. Mayor Blomquist read a statement into the record and City Attorney Paul Hauge reviewed the most recent Resolution that he prepared covering the proposed settlement and also reviewed a Resolution submitted by Luther Stalland, the attorney for the applicants. Peter Stalland was present at the meeting and requested that the Council initiate the underlying rezoning of the property to Roadside Business indicating that it was his opinion that it was a requirement for purposes of developing under a Planned Development. Mr. Hauge stated that the Council could initiate the rezoning, the applicants could submit an application, or the Council could choose not to change the underlying zoning with the superimposed Planned Development zoning if approved. There was also discussion about the legislation prepared by MnDOT covering amendments to MSA 360 to allow deviations from minimum standards in Zones A and B in airport areas. Councilmembers generally indicated that it is not necessary to change underlying zoning from Agricultural and the practice of the Council has been in recent years that underlying zoning not be changed in the event that planned development is withdrawn or revoked. Other discus- sion also centered around differences in the proposed agreement, provisions for dismissal of the lawsuit, and the general consensus was that the Council not require that there be a hold-harmless agreement from the property owners covering the City in the event of future accident. Wachter moved that the Council initiate the underlying rezoning to Roadside Business as requested by the applicant in order to resolve the lawsuit. There was no second and the motion failed. Thomas then moved, Smith seconded the motion to approve the Resolution dated March 1, 1983 with the understanding, however, that the request for the hold-harmless agreement from the developer/owner would not be required and further, that the applications for approval of subsequent permits during the development process will be handled by the Council according to their Ordinances and in a diligent manner. All voted in favor, except Wachter who voted no. JOINT CABLE COP*1ISSION UPDATE There were no items to be discussed by the Council and no action was taken by the Council regarding the Joint Cable Commission. CONTRACT #82-9 - TOMARK 2ND ADDITION The bids covering Contract #82-9 regarding utilities and street improve- ments for Tomark 2nd Addition were submitted with the low bidder being S. M. Hentges & Sons in the amount of $88,872.40. It was recommended that the low bid be approved. Wachter moved, Thomas seconded the motion to award the contract to the low bidder, S. M. Hentges & Sons. All voted yes. 10 ~r 5, Council Minutes 0 March 1, 1983 CONTRACT #83-4 - SHEFFIELD ADDITION - STREETS AND UTILITIES The plans and specifications for the Sheffield Addition streets and utilities under Contract #83-4 as prepared was recommended to be approved. Upon motion by Egan, seconded Wachter, it was resolved that the plans be approved and that the Clerk be authorized to advertise for bids for the project to be opened at 10:30 a.m. on Thursday, March 31, 1983 at the City Hall. All voted yea. CONTRACT #83-3 - OVERHILL FARM ADDITION - STREETS The plans and specifications for the Overhill Farm Addition streets were recomended for approval as submitted. Smith moved, Thomas seconded the motion to approve the plans and specifications for Contract #83-3 and that the City Clerk be authorized to advertise for bids in the legal newspaper to be opened at 10:30 a.m. on Thursday, March 31, 1983 at the Eagan City Hall. All voted yes. GRADING PERMIT An application to allow the placement of approximately 600,000 cubic yards of material in the general vacinity of the Interchange of Lone Oak Road and I-35E was reviewed. The Contractor will be requesting an extension of working hours to allow double shift operation. The staff recommended that neighborhood informational meetings be held and that the matter be continued indefinitely. Egan moved, Smith seconded the motion to accept and implement the recommendation. All voted yes. CONTRACT #80-25 - FINAL PAYMENT - WESCOTT ROAD A request for final payment to Kennebec Construction Company, Inc. was received and recommended for approval. Egan moved, Thomas seconded the motion to approve the 9th and final pay request for Contract #80-25 consisting of Wescott Road in the amount of $14,284.30 to Kennebec Construction Company, Inc. and accept the project for perpetual maintenance. All voted in favor. 11 Council Minutes 0 Of O5 2 March 1, 1983 MnDOT STORM SEWER AGREEMENT RESOLUTION I-35E AND CLIFF ROAD A Resolution had been submitted at the February 1, 1983 regular meeting for the joint storm sewer crossing of Cliff Road, west of I-35E Interchange, and it was at that time recommended that alternate #2 be approved. The staff now has received additional information from MnDOT indicating the original cost estimate omitted several critical factors affecting the cost of each alternate and now recommended revision to alternate #1. Wachter moved, Thomas seconded the motion to approve the Resolution requesting MnDOT to prepare a cooperative storm sewer agreement for alternate #1 to MnDOT Project S.P.1982- 51, I-35E/Cliff Road and authorize the execution of the agreement upon review and approval by the City staff. All voted yes. R 83-9 CONSENT AGENDA The following consent agenda items were submitted and recommended by the staff for approval: 1. Conditional Use Permit Renewals - February. The following condi- tional use permit renewals for February 1983 were recommended for approval: Dakota County Community Action Council for the battered women's shelter at 4750 Nicols Road. LePeppiniere Montessori School for school and day care center located in the Easy Street Apartments on Silver Bell Road. 2. Project #346 - Cinnamon Ridge lst & 2nd Additions. The assessment roll for Cinnamon Ridge 1st and 2nd Additions consisting of Project #346 have now been prepared and it was recommended that the roll be received and the final assessment hearing be scheduled for April 5, 1983 at 7:00 p.m. 3. Project #337A - Univac Semiconductor Facility. The final assessment roll covering utilities in the Univac Semiconductor Facility under Project #337A have been prepared and it was recommended that the roll be received by the Council and that the final assessment hearing covering the project be scheduled for the City Hall on April 5, 1983 at 7:00 p.m. 4. Project #335 - Twinview Manor 2nd Addition. The assessment roll has been prepared by the staff covering streets and utility improvements of Twin- view Manor 2nd Addition and the staff recommended approval of the roll and that the final hearing on the assessments be scheduled at the City Hall on April 5, 1983 at 7:00 P.M. 12 00053 Council Minutes March 1, 1983 5. Project #340B - Windcrest 2nd Addition - Streets. The assessment roll prepared by the staff was recommended for approval covering Project #340B regarding street improvements in Windcrest 2nd Addition and it was recommended that the hearing on the assessments be scheduled for April 5, 1983 at 7:00 p.m. at City Hall. 6. Project #341B - Windtree 2nd Addition - Street Improvements. The staff has prepared and recommended for approval the assessment roll regarding Project #341B covering street improvements in Windtree 2nd Addition and it was recommended that the roll be received and the final assessment hearing be scheduled also for April 5, 1983 before the City Council at City Hall at 7:00 p.m. 7. Project #356 - Comserv No. 1 - Streets and Utilities. The assessment roll covering Comserv No. 1 streets and utility improvements for Project #356 was submitted and it was recommended that it be received and the final assessment hearing be scheduled for 7:00 p.m. on April 5, 1983 at the City Hall. 8. Project #363 - Hilltop Plaza - Utilities. The assessment roll has now been prepared for Project #363 utility improvements in Hilltop Plaza and it was recommended that the roll be received and the public hearing on the final assessments be scheduled for April 5, 1983 at 7:00 p.m. at the City Hall. 9. MnDOT Agreement/Deerwood Drive. It was recommended that the Council approve MnDOT Agreement #61376, Deerwood Drive right-of-way easement acquisi- tion, and authorize the Mayor and City Clerk to execute the Agreement covering additional right-of-way and construction easements for Deerwood Drive between I-35E and Riverton Avenue. 10. St. John Neumann Church/Consumption & Display License. An applica- tion has been submitted by St. John Neumann Church for a Consumption and Display License and One Day License, also referred to as a set up license for a church-sponsored event to be held on March 19, 1983. It was noted the change in the 1982 session laws under bottle club provisions allows cities to issue temporary licenses and it was recommended that the application be approved. 11. Contract #80-25 - Change Order #1 (Wescott Road). It was recom- mended that Change Order #1 to Contract #80-25 in the amount of $3,930.88 be approved and the appropriate officials be authorized to execute the Change Order covering additional hauling distance for approximately 400,000 cubic yards of material. 13 Council Minutes 000 34 March 1, 1983 12. Project #371 - Water Treatment Plant - Streets & Utilities. It was noted that the Council on February 15, 1983 authorized the preparation of a feasibility report covering streets and utilities necessitated by the con- struction of the City's water treatment filtration plant. The feasibility report has now been completed and it was recommended that the report be accepted and the public hearing be scheduled for 7:00 p.m. on April 5, 1983 at the City Hall. Smith moved, Thomas seconded the motion to approve the foregoing consent items and order them implemented. All voted in favor. PUBLIC WORKS DEPARTMENT 1. I-35E & Lone Oak Road Interchange. Mr. Colbert stated that it is expected on April 11, 1983 that Lone Oak Road will be closed to through- traffic between Pilot Knob Road and Lexington Avenue to allow construction of the interchange of I-35E. CHRIST LUTHERAN CHURCH CHRISTIAN DAY CHILD CARE CENTER A requset from Janet Flogstad that she be permitted to use Christ Lutheran Church for nursury school purposes for up to 20 children was con- sidered by the Council. It was noted by Council members that Churchs have customarily been used for nursery and day care centers, even though Public Facility zoning does not technically permit it. Smith moved, Egan seconded the motion to grant the permit with the understanding that this may be done on a temporary basis. All voted yes. BLUE CROSS/BLUE SHEILD Mr. Hedges stated that the 50-year Celebration for Blue Cross/Blue Shield will be held on April 13, 1983 and the Council members requested that a presentation be made on behalf of the City to Blue Cross at that time. DNR FACILITY CLOSING A request had been submitted to the City Council to adopt a Resolution recommending that the DNR Metro Region office not be closed as has now been recommended by the state, as a cost savings measure. The Administrator was requested to determine whether it would be detrimental to the City's interest. Upon motion by Wachter, seconded Egan, it was resolved that the City Adminis- trator make this determination and that the Resolution be approved only if it would be detrimental to the City's interest. 14 00055 Council Minutes March 1, 1983 MARCH 24, 1983 - SPECIAL COUNCIL MEETING The Council designated March 24, 1983 at 7:00 p.m. as a special meeting of the City Council for workshop purposes. CHAPTER 360 - MnDOT LEGISLATION It was recommended by the staff that the Council adopt a Resolution supporting the Legislation being submitted by the Minnesota Department of Transportation for the 1983 legislature, authorizing an amendment to Chapter 360, allowing deviations from the minimum zoning standards around airports. Egan moved, Smith seconded the motion to authorize the execution and prepara- tion of such a Resolution of support of the Bill. All voted in favor. R 83-10 CHECKLIST Upon motion by Wachter, seconded Smith, it was resolved that the follow- ing Checklist be approved dated: February 28 & March 1, 1983. All voted in favor. ADJOURNMENT Upon motion duly made and seconded, the meeting adourned at 11:30 p.m. PHH City Jrk 15