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City Council meeting of July 6, 1999 <br />Page 3 <br />to 5 ft tall, 6 to 8 ft long. Typically, the City will not charge U.S. West for locating its equipment in <br />City right-of-way, though this does not require an Easement Agreement. In this case, the proposed <br />location of the switch box will be off of right-of-way, yet on City -owned property. Council member <br />Barnes stated that the City should be a "good" neighbor and somehow screen the facility from the <br />residential area. The Gardens owner, Robert Bilotta, has offered to donate some his stock for this <br />purpose. <br />Barnes made motion, Stoltzman seconded, authorizing staff to proceed with the Easement Agreement <br />with U.S. West, and draft a letter requesting U.S. West's participation in some landscaping for the <br />facility. <br />All aye. Motion Carried. <br />PAYMENT OF FENWAY BLVD LIGHTING <br />The Council considered a claim made by NSP in the amount of $173,900 for the installation of 70, 150 - <br />watt high pressure sodium street lights along Fenway Blvd, and four, 400 -watt street lights around the <br />parking lot of the new Fire Hall. This claim is in accordance with the contract entered into between the <br />City and NSP on May 28, 1998, and represents payment in full for the installation of these lights. NSP <br />will be making a second claim, in the future, in the amount of $37,800 for the street lights being <br />installed on Fenway Avenue, between 140th and 142nd Street. Council member Petryk questioned <br />from what funds payment would be made. The Administrator stated that payment would be <br />reimbursable from Minnesota State Aid funds. <br />Petryk made motion, Stotlzman seconded, to approve payment to NSP for the street lights constructed <br />on Fenway Blvd and the Fire Hall site, in the amount of $173,900. <br />All aye. Motion Carried. <br />FINDINGS OF FACT (TOWNHOMES OF BALD EAGLE LAKE) <br />The Council considered for approval Findings of Fact drafted by the City Attorney regarding the <br />Council's denial of concept approval for a PUD known as Townhomes of Bald Eagle Lake. Mike <br />Black, representing Royal Oaks Realty, provided a their written legal response to the Findings. <br />Because the Council was just provided their response, and had insufficient time to consider: <br />Petryk made motion, Stoltzman seconded, to table this matter until the meeting of July 19, 1999. <br />VOTING AYE: None <br />VOTING NAY: Barnes, Haas, Leroux, Petryk, Stotlzman <br />Motion Failed. <br />After amending the submitted Findings: <br />Haas made motion, Petryk seconded, to accept the Findings of Fact as amended. <br />All aye. Motion Carried. <br />