07/24/1979 - City Council Special
001.86
MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
JULY 24, 1979
A special meeting of the Eagan City Council was held on
July 24, 1979 at 7:00 p.m. at the City Hall. Those present
were Mayor Murphy, Councilmembers Parranto, Egan, Smith and
Wachter. Also present were City Administrator Hedges and
City Attorney Hauge.
FIRE STATION #3 & FIRE STATION #1 ADDITION
The City Administrator presented signed contracts received
from Sweitzer Construction Company for construction of Fire
Station #3'.and an addition to Fire Station #1. After a brief
discussion regarding the contract and in a motion by City
Councilmember Egan, seconded by Councilmember Smith, all members
voted in favor, the Mayor and City Clerk were authorized to
sign the contractual agreement between Sweitzer Construction
Company and the City of Eagan for construction of Fire Station
#3 and the addition to Fire Station #31.
COUNTY ROAD #30 RECONSTRUCTION
The City Administrator reported that a portion of County
Road #30 between Nichols Road (old Cedar Avenue) and Diamond
Path will be torn up for reconstruction as a part of the Cedar
Avenue project. He further stated that the Minnesota Department
of Transportation is requesting that all bus traffic serving that
portion of the Cedar Grove area in Section 30 be rerouted from
Nichols Road onto Marble Lane then to Diamond Path and County Road
#30. City Councilmembers Smith and Parranto stated that two of
the streets, Marble Lane and Diamond Path, are older residential
streets and appear to be in a state of deterioration and therefore
recommended that the mass transit busses not be rerouted as
recommended by Mn/DOT. After further discussion on the matter
and in a motion by City Councilmember Parranto, with all members
voting in favor, the detour for all mass transit routing on
County Road 30 would be directed to Rahn Road from County Road
#30 to Cliff Road to Nichols Road.
CITY IMPROVEMENT 79-18
Bids were received for City Improvement 79-18 which pertains.
to sanitary sewer, water main and storm sewer improvements for
Brittany Manor (Project 272), Lake Park Addition (Project'265) and
Thomas Lake Addition at 3:00 p.m. on Thursday, July 17, 1979.
It was reported by the City Administrator that the low bidder
was Richard Knutson, Inc., at $343,062.50. The Engineer'e estimate
was $300,000. In a motion by City Councilmember Smith, all members
voting in favor with City Councilmember Parranto abstaining due
to his conflict as a real estate agent for Lake Park Addition, the
low bid in the amount of $343,062.50 was approved for Project 79-18
to Richard Knutson, Inc.
Council Minutes OCI-87
Page Two
July 24, 1979
RESIGNATION - ADVISORY PLANNING COMMISSION MEMBER HEDTKE
City Councilmember Wachter reported that Mr. Ken Hedkte,
member of the Advisory Planning Commission, is asking that the
City Council accept his resignation due to his health condition.
He further reported to the City Council that Mr. Hedtke had
notified the chairman of the Advisory Planning Commission, Mr.
Harrison, of his intention to resign from that commission.
After discussion regarding the resignation, a motion was intro-
duced by City Councilmember Smith, seconded by City Councilmember
Wachter, with all members voting in favor, to reluctantly accept
the resignation of Mr. Ken Hedtke as a member of the Advisory
Planning Commission.
DIRECTOR OF FINANCE POSITION
After reviewing and interviewing several candidates
it was the concurrence of the City Administrator and City Council
that Mr. Gene VanOverbeke be considered for the position of
Director of Finance for the City of Eagan. It was noted that Mr.
VanOverbeke meets all the qualifications as presented in the job
description and is available to start employment in the month of
September. A motion was introduced by City Councilmember Wachter,
seconded by Councilmember Egan, with all members voting in favor,
that Mr. Gene VanOverbeke be offered the position of Director
of Finance per the salary and benefits scheduled as outlined in
the official offer as presented by the City Administrator in a
letter to Mr. VanOverbeke.
ORDINANCE NO. 71 - DRUG PARAPHERNALIA ORDINANCE
City Attorney Hauge explained to the Council the events
since the Council meeting of July 17th at which time the Council
approved a draft of an ordinance regulating the sale, possession,
and handling of drug-related devices within the City. He submitted
a proposed redraft of the ordinance with some changes in defini-
tions, the exclusion of the hypodermic syringe section which is
a part of the State law and other minor changes to the ordinance
and recommended approval.
It was further noted that approximately on July 18th, the
City, including each Councilmember, was served by Mr. Robin Geiger,
the owner of Mak'n Magic, with a Summons and Complaint in an
injunction action and for declaratory relief in the Federal District
Court in St. Paul to enjoin the City from enforcing Ordinance No.
71. On July 20th, a hearing was held before Judge Edward Devitt
at which time the Judge entered a temporary restraining order
enjoining enforcement of the ordinance until a hearing on a
temporary injunction is held before Judge Donald Alsop on August
10, 1979. There was discussion concerning the temporary restrain-
ing order. Mr. Gregory Rothnem, attorney, and Mr. Robin Geiger
Council Minutes Q(~~_88
Page Three
July 24, 1979
were present and objected to the revised ordinance and asked that
it not be adopted. The City Attorney recommended approval of
the changed ordinance and recommended also that the Council not
enforce the ordinance until after a decision on the temporary
injunction. It was the City Attorney's recommendation that the
plaintiffs not be required to recommence the action due to changes
in the ordinance. Smith moved and Wachter seconded the motion,
all members voted in favor, to approve the ordinance as presented
on July 24, 1979, and requested that it be published during the
current week if possible. Parranto then moved because there did
not appear to be any appreciable difference in the terminology
of the ordinance from the first draft, that the Police Department
be ordered not to enforce the ordinance so long as the restraining
order is in force. Egan seconded the motion, all members voted
in favor.
SEE ORDINANCE BOOK
1979-SEAL COAT CONTRACT
Wachter then moved and Egan seconded the motion to approve
the 1979 seal coat contract with Allied Blacktopp,ing,. Company
and authorize its execution. All members voted in favor.
KING ROAD - MN/DOT AGREEMENT
An agreement between the Minnesota Department of Transpor-
tation and the City of Eagan regarding King Road construction
and grant of easement was next presented and recommended for
approval by the Public Works Director. Wachter moved and Parranto
seconded the motion, all members voted in favor, to approve the
contract subject to final staff approval. D79-96
PHH
Dated: July 24, 1979
City Clerk