04/17/1979 - City Council Regular
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MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
APRIL 17, 1979
A regular meeting of the Eagan City Council was held on
April 17, 1979 at 6:30 p.m. at the Eagan City Hall. Those
present were: Mayor Murphy, Councilmembers Egan, Smith,
Wachter and Parranto. Also present were: City Administrator
Hedges, City Public Works Director Colbert, City Engineer
Rosene, and City Attorney Hauge.
AGENDA
After the Pledge of Allegiance, Wachter moved and Smith
seconded the motion, all members voted in favor, to approve
the agenda as distributed.
MINUTES - APRIL 3, 1979 MEETING
Egan moved and Wachter seconded the motion to approve
the minutes as distributed with the exception that on Page
3 relating to Fire Department physical. fitness; Parranto, Egan,
Smith and Wachter voted yes and Murphy voted no. Those in
favor of the main motion as amended were all in favor except
Murphy who voted no; on Page 4 relating to Thomas Lake Addition
final plat, it was understood the City would grant a Quit
Claim Deed for the existing street easement along the west
line of the plat; and on page 7 relating to Christ Lutheran
Church, the motion to approve the application for waiver of
plat be approved subject, however, to an additional 17 foot
easement right-of-way grant on County Road #30 measured 50
feet from the centerline of the existing road, etc; and on
Page 12, that the February 6, 1979 Council minutes amendment
of Page 5 relating to West Publishing Company 2nd Addition.
$6,385,000 G.O. BOND ISSUE
Ernie Clark of Miller & Schroeder appeared with a proposal
for the sale of the 1979 G.O. Bonds and submitted a resolution
for approval by the City Council. After review, Smith moved
and Parranto seconded the motion, all members voted in favor,
to approve the resolution and schedule the bond issue and the
Clerk be authorized to advertise for bids to be opened on
June 6, 1979 at 1 p.m. at the City Hall. Parranto then moved
and Egan seconded the motion, all members voted in favor, that
a special Council meeting be scheduled for 5:30 p.m. on June
6, 1979 to award the low bid for the G.O. Bond Issue.
BOND FILE
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April 17, 1979
City Council Minutes
HEALTH AND DISABILITY INSURANCE POLICY
Mr. Irv Helmken, the agent of record for the Eagan
employees health and disability insurance policies, appeared
regarding the extension of the policies for 1979-1980. He
indicated the renewal period is effective April 1'.and with
the experience ratio rate of 63.5%, there would be no increase
for the second year in a row with the insurance carrier.
There was discussion concerning the pregnancy benefits now
required by law under federal statute. Wachter moved and
Egan seconded the motion that the maternity benefits in the
health plan for disability purposes for all female employees
and spouses be included in the Eagan insurance plan. All
members voted in favor. Smith then moved and Parranto
seconded the motion to renew the disability and hospitaliza-
tion insurance policy with the same company for one additional
year effective April 1, 1979. All members voted in favor.
FIRE DEPARTMENT
Chief Robert Childers was present.
1. Spring Cleanup. Fire Chief Childers estimated the
cost of renting dumpsters for the Spring Cleanup at $960 and
asked whether the City would assist in sponsoring the cleanup
with the VFD Relief Association. He indicated that the Relief
Association would contribute $200, similar to the amount
contributed in:-.the past. Parranto moved and Smith seconded
the motion, all members voted yea, to approve an expenditure
of up to $800 for Spring Cleanup from City general funds,
which cleanup is scheduled for April 28, 1979.
2. VFD Relief Association. Al Horrocks, the president
of the Relief Association, was present and discussed the
Relief Association request to convert to a vested plan, which
would provide for 75% of earned benefits after ten years and
100% of earned benefits after 15 years. It would require
additional funding of $1,900 per year above present expendi-
tures by the City. The Finance Committee Chairman, Mark
Parranto, reported on their meeting with the Relief Associa-
tion Committee and,'recommended that the vesting rights be
added to the Fire Relief Pension Plan with the understanding
that the additional amount necessary is included in the
present budget. Parranto moved and Smith seconded the motion
approving the recommendation. All members voted yea.
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City Council Minutes
3. Fire Station No. 3. The Council and City Administrator
Hedges discussed the status of the progress on the plans for
the improvements and bond issue scheduled for May 1, 1979.
POLICE DEPARTMENT
Chief Martin DesLauriers was present.
1. Chief DesLauriers recommended that Bette Jean Parks
be hired to fill a vacancy created by the resignation of
dispatcher Diane Mosso and further, that he be authorized to
seek a replacement for Carolyn Larson who has resigned.
Wachter moved and Smith seconded the motion, all members voted
in favor, to authorize the hiring of Bette Jean Parks and
accepted the resignation of Carolyn Larson and authorized
the screening for the replacement.
2. Police Facility Building. A request was received
from Mikkelson Construction Company for payment of an additional
5%, leaving a 5% retainage, or about $24,000 on the construc-
tion of the Police facility building. It was noted that a
subcontractor, Ryan Electric, has failed to pay certain of
its subcontractors and claims have been made under the contractor's
performance bond for payment. Parranto moved and Wachter
seconded the motion, all members voted yes, to authorize
the payments subject, however, to the approval of the City
Attorney and City Administrator.
PUBLIC WORKS DEPARTMENT
1. Lone Oak Road Signal. Mr. Colbert reviewed the
request of residents in the area of Lone Oak Road and Woodlark
Lane for a crosswalk signal. County Commissioner James
Kennedy was present and shared with the City Council the
views of the neighboring people and recommended approval of
payment by the City Council of 50% of the total estimated cost
of $4,000. He indicated he would forward the recommendation
of the City Council to the County Board and request their
approval to fund 50%. Egan moved and Smith seconded the
motion to authorize the installation of an x-walk signal and
that the decision of the City Council be forwarded to the
County requesting equal cost sharing by the County. All mem-
bers voted yes. In addition, the Police Chief was requested
to make speed checks before and after the installation.
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2. Pilot Knob Road Upgrading. The City Councilmembers
discussed briefly with Commissioner Kennedy the plans that
had been submitted by the Dakota County Highway Department to
the City regarding Lone Oak Road. Councilmembers indicated
that plans were not prepared in accordance with the request
of the City Council and had been returned for additional work.
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City Council Minutes
3. Mr. Colbert indicated that Mike Widstrom had
resigned from the Utility Department effective May 1 and
asked authorization to commence the procedures to screen
applicants. Parranto moved and Wachter seconded the motion,
all members voted in favor, to accept the resignation and to
authorize the screening of new applicants.
CHRIST LUTHERAN CHURCH BUILDING PERMIT
City Administrator Hedges reviewed with the City Council
the application of Christ Lutheran Church for a building permit
for an addition to their structure on County Road 3.0. Roger
Fredlund and Dale Peterson were present for the applicant
and it.was noted that the following were requested by the
Church:
a. That a variance be granted to permit the Church to
install curbs only at the entrances and around the Church
proper and waive the requirement for curb and gutter along
the exterior of the parking lots.
b. That a three foot variance from the 50 foot setback
requirement be granted on a hardship basis for the building.
c. That the road unit cost of $225 per net acre not be
applied to the existing structure when the addition is
constructed.
Smith moved and Egan seconded the motion, all members
voted in favor except Wachter who did not vote, that the road
unit connection charge not be applied to existing church
structures when additions are constructed. Mr. Colbert
recommended that curb and gutter be included at the entryways
to the parking lot and there was discussion concerning
general permission not to require churches to have curbs along
the exterior of their parking areas. Parranto moved to
grant the building permit subject to the following:
1. That concrete curb and gutter be required only
along the County road and the entrances to the parking lot
and adjacent to the Church.
2. That the three foot variance from the 50 foot
setback be granted on the basis of hardship and because the
Church will start construction almost immediately.
3. Subject to all other normal City requirements.
Egan seconded the motion, all members voted in favor
except Wachter who did not vote on the issue.
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City Council Minutes
SAFARI ESTATES
Byron Watschke was present and had requested time on the
agenda to discuss briefly the action that was taken by the
City Council at the April 3, 1979 meeting when the Council
did not act on the request that the feasibility report for
utilities in the area be scheduled for public hearing. ilr.
Watschke updated the City Council on the development progress
of the general area, including I-35E and indicated that it
would be necessary to get trunks under I-35E before construc-
tion and that the bypass road is scheduled for bidding in
May of 1979 by Mn/DOT. After considerable discussion,
Wachter moved to accept the feasibility report and schedule
a public hearing for May 15, 1979, at 7 p.m. at the City
Hall. Egan seconded,.the motion. Those in favor were:
Wachter, Egan and Murphy. Those against were: Parranto and
Smith for the reasons that were given at the last City Council
meeting. Mr. Parranto asked that the staff prepare a report
concerning the requirement placed upon the developer of
Evergreen Park for extension of utilities to that subdivision
when that subdivision was first developed.
METRO SYSTEMS PLAN 1979 LEGISLATION
The City Council, together with the City Attorney,
reviewed a proposed bill prepared for the 1979 Legislature
by Representative Rees of Scott County providing that any
local city or person presenting a signed petitionof 2,500
people from a single local government unit may petition the
Metro Council to suspend, amend or repeal any provision on
the Metropolitan Systems Plan, provide for assistance in
funding of the hearing and the procedural processes of the
hearing. There was considerable discussion by proponents and
opponents of the bill and there was concern by Councilmembers
indicating that it would be more feasible that 100 to 500
people sign the petition rather than 2,500 in order to be
effective for smaller communities. In addition, there were
recommendations on changing the cost factor and the City
Administrator was asked to prepare a letter to be forwarded
to Representative Rees expressing the concerns of the City
Council. No action was taken.
EAGAN HOUSE FILE 1069 - HOUSING FINANCE PROGRAM
City Administrator Hedges reviewed with the Council,
House File 1069 introduced by Representative Ray Kempe and
also introduced into the Senate which would grant the City
of Eagan the right to provide tax exempt home mortgage loans
under the framework of a housing finance program. He indicated
hearings have been held and the City Administrator has testi-
fied on two occasions. He further stated that the statewide
bill is in Committee. Egan moved and Parranto seconded the
motion, all members voted in favor, to adopt the resolution
prepared by the City Attorney for the support of House File
1069 and forward it to the appropriate Legislators.
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City Council Minutes
OFF-SALE LIQUOR LICENSE POLICY
Mr. and Mrs. Mark McRae was present and explained their
proposal that the Council consider an amendment to the off-
sale liquor license policy by increasing the number of off-
sale liquor licenses that can be issued by the City from
three to four or more. They made a detailed study indicating
that the licenses per number of residents in the City reflected
a large number of residents per license in relation to other
municipalities. It was noted that the two off-sale liquor
licenses are allowed under present policy and that three have
been issued with two package stores opened. No action was
taken and further information will be reviewed.
CARRIAGE HILLS GOLF COURSE ON-SALE BEER LICENSE
Tom Westbrook, the manager of Carriage Hills Golf
Course,appeared on behalf of the application of William Smith
for conditional use permit for on-sale beer license and for
the approval of a beer license and wine license. Wachter
moved and Egan seconded the motion to accept the recommendation
of the APC and grant a conditional use permit for wine and
beer. All members voted in favor. Egan then moved and Smith
seconded the motion to grant the 3.2 beer license. Smith later
moved to rescind the portion of the conditional use permit
approval motion regarding wine and requested that in the event
the applicants desired wine that they submit an application
for conditional use permit for that purpose because of the
requirement of food being served in establishments with wine
licenses. Parranto seconded the motion and all members voted
yes.
ST. JOHN NEUMANN PRELIMINARY PLAT AND SITE PLAN
Mr. Dan Gallagher, architect, and other representatives
of St. John Neumann Catholic Church were present regarding its
application for preliminary plat approval and site plan
approval at the southeast corner of Deerwood Drive and Pilot
Knob Road. Mr. Gallagher reviewed the plans and details and
the APC recommended approval subject to conditions. There was
considerable discussion concerning the road right-of-way
requirement and Mr. Colbert stated that Dakota County now
has fixed the future center line at the existing center line
of Pilot Knob Road. It was noted that existing center line
is east of the section line and that the City and County have
been consistent in requiring the existing center line be
the edge of the right-of-way. Parranto moved and Smith
seconded the motion, all members voted in favor, to approve
the preliminary plat, subject to the grant of a 75 foot half right-
of-way easement running easterly of the existing center line
of County Road #31. All members voted yes. Parranto then
moved and Egan seconded the motion, all members voted in favor,
to approve the site plan for the area with the following
conditions:
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City Council Minutes
1. That the parking area be surfaced with concrete
curbing installed at the entrances to the lot from the two
roads and also curbing along the County road in addition to
curbing adjacent to the Church, but exclude the curbing
requirement on the perimeter of the parking lot.
2. That a $1,000 landscape bond be submitted to the City
for approval.
3. All other necessary requirements of the City.
Other neighboring residents appeared including Alyce
Bolke and requested that the construction access to the site
be exclusively from Pilot Knob Road because of the poor
condition of Deerwood Drive. Parranto moved and Smith
seconded the motion, all members voted in favor to require
construction access from Pilot Knob Road only.
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PATRICK MALONEY LOT SPLIT
Mr. and Mrs. Patrick Maloney appeared regarding their
application for waiver from subdivision regulations to split
Lot 8, Block 3, Cedar Grove No. 3 on Rahn Road lying adajcent
to the 60 foot gas easement. It was noted that the partial
release of easement would reduce the 60 foot easement to
a 33 foot easement, and Mr. Maloney explained the reasons why
their application has been submitted. Neighboring owners
were present and objected to the applications. The minutes
of the Planning Commission were reviewed recommending denial
of the application. There was a question of precedence and
also a safety factor regarding the nearness to the gas main
and potential danger from gas main breaks. Smith moved and
Wachter seconded the motion, all members voted in favor, to
deny the application on the basis of the reasons stated
above including those that were made by the Advisory Planning
Commission, noting that there was no hardship involved.
CEDARVALE LIQUOR OFF-SALE LICENSE TRANSFER
Representatives of Applebaums Food Stores were present
regarding their application to transfer the Cedarvale off-sale
liquor license from Applebaum Food Markets, Inc., to Applebaum
Company, Inc. It was noted that Applebaum Food Markets, Inc.,
has entered into an agreement for a plan of merger with a
subsidiary of National Tea Company and the request was that
the application for transfer be approved only if the merger
is completed. The FTC is now objecting to the merger. Smith
moved and Egan seconded the motion, all members voted yea, to
grant the transfer noting that the staff had no objections
subject, however, to request by the application for the final
transfer.
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City Council Minutes
BLUE CROSS - MINNESOTA OPERA ASSOCIATION GAMBLING LICENSE
The application from Blue Cross and Blue Shield of
Minnesota for gambling license for a benefit night at the Blue
Cross facility on May 12 for the Minnesota Opera Association
was discussed by the City Administrator. The City staff had
reviewed the application and had no objections, noting that
Blue Cross would comply with the State statute and City ordi-
nance regarding gambling. After discussion, Parranto moved
and Smith seconded the motion, all members voted in favor,
to approve the application subject to normal ordinance
requirements.
PEOPLES GAS RATE INCREASE
A letter from Vern Mohlis of Peoples Gas Company notifying
the City of increase in rates of 1.09E per mcf effective
April 24, 1979, was reviewed. No action was taken by the
Council.
CHES MAR EAST FIRST ADDITION - PROJECT #79-3(Project #261)
Mr. Colbert indicated the bid opening for the project
was held at 3 p.m. on Thursday, April 12, 1979, and the City
Engineer recommended that the City Council award the contract
to the low bidder, Fredrickson Excavating Company in the sum
of $361,523.20. Wachter moved and Egan seconded the motion,
all members voted in favor, to approve the low bid and award
the .'contract to Fredrickson Excavating Company.
BEACON HILLS UTILITY - PROJECT #79-1
Bids were received for Beacon Hills utility improvements
at 3 p.m. on April 12, 1979. The Public Works Director
recommended award to the low bidder, Fredrickson Excavating
Company, in the sum of $555,720.70. Smith moved and Egan
seconded the motion, all members voted in favor, to approve
the low bid and award the contract to Fredrickson Excavating
Company.
PROJECTS #257, #186, #241 PLANS AND SPECIFICATIONS
The plans and specifications for Project #257, Blackhawk
Lake storm sewer, Project #186 Cedar Avenue trunk storm sewer
and Project #241 Wilderness Run Road, Lakeside Estates and
Dodd Road utilities was next presented by City Engineer
Rosene. There was discussion concerning the Heine Lake
storm sewer trunk bypass proposal and the recommendation of
the Assessment Committee that it was not formally presented
to the Council. Motion was made by Parranto and seconded by
Smith to approve the plans and specifications for Project #257,
to authorize the Clerk to advertise for bids to be opened
on May 11, 1979, at 3 p.m. at the City Hall and to proceed with
the application to DNR with or without the alternate including
the lateral around Heine Lake. All members voted yes.
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City Council Minutes
HEINE LAKE - PROJECT #257
Councilmember Wachter then moved to authorize the
Engineer to prepare a feasibility report for the lateral
storm sewer project for the east end of Heine Lake and the
hearing date be scheduled for June 5, 1979, at 7 p.m. at the
City Hall. Egan seconded the motion. All members voted yes.
PROJECT #241 - PROJECT #79-11 PLANS AND SPECIFICATIONS,
WILDERNESS RUN ROAD, ETC., UTILITIES
There was discussion concerning the adeq.uacy)of'road
funds for the proposed grading of Wilderness Run Road.
Wachter moved and Murphy seconded the motion to approve the
plans and specifications for Project #241 (Project #79-11)
covering Wilderness Run Road, Lakeside Estates and Dodd Road
utilities and to authorize the Clerk to advertise for bids in
the legal newspaper to be accepted on May 10, 1979 at 3 p.m.
at the City Hall. All members voted yes.
PROJECT #79-9 TRUNK HIGHWAY #13
The plans and specifications for the Cedar Avenue storm
sewer replacement and trunk water main location at Highway #13
and Silver Bell Road-,and miscellaneous additional work were
presented by the City Engineer. He indicated that approval
from Mn/DOT would be required before proceeding with the
project which had been requested by Mn/DOT. Egan moved and
Wachter seconded the motion, all members voted yea, to
approve the plans and specifications and to request approval
by Mn/DOT before proceeding.
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CEDAR AVENUE AND HIGHWAY #13 RELOCATION PLANS
The Engineer submitted the plans and specifications for
the Cedar Avenue and Highway #13 12 inch and 13 inch water
main relocation and the Engineer recommended approval. Egan
moved and Murphy seconded the motion, all members voted in
favor, to approve the plans and specifications according to
the resolution that was submitted to the Council.
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PROJECT #265 LAKE PARK ADDITION
The feasibility report covering streets and utilities
for Lake Park Addition was presented by.the City Engineer.
Smith moved and Wachter seconded the motion to accept the
report and to authorize a hearing to be scheduled and adver-
tised for May 15, 1979 at 7 p.m. at the City Hall. All
members voted in favor except Parranto who refrained from
voting.
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PROJECT #272 - BRITTANY MANOR
The plans for streets and utilities in proposed Brittany
Manor Addition were next presented by City Engineer Rosene.
Mr. Colbert recommended acceptance of the report and scheduling
a hearing. Parranto moved and Egan seconded the motion, all
members voted yes, to accept the report and set a public
hearing for May 15, 1979 at 7 p.m. at the City Hall.
PROJECT #198A CEDAR RIDGE UTILITIES
The request for final payment for Cedar Ridge utilites
Project #198A in the sum of $25,479.23 was presented. Mr.
Colbert recommended approval. Smith moved and Wachter seconded
the motion, all members voted in favor, to authorize the
final payment.
WATER MAIN RELOCATION AGREEMENT
Mr. Colbert reviewed a relocation agreement and contract
for Quit Claim Deed from Mn/DOT covering Trunk Highway #13
relocation in the vicinity of Silver Bell Road for relocation
of a trunk water main. He recommended approval. Upon motion
by Smith and seconded by Parranto with all members voting yea,
it was RESOLVED that the agreement and contract for Quit
Claim Deed be approved.
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CEDAR AVENUE AND CLIFF ROAD FRONTAGE ROAD
Mr. Rosene stated that Mn/DOT had proposed to construct
a frontage road west of Cedar Avenue from Cliff Road covering
part of James Avenue with an estimated cost of $26,000.
Parranto moved and Egan seconded the motion, all members voted
yea, to order a feasibility report for the frontage road and
James Avenue.
CEDAR AVENUE - CLIFF ROAD IMPROVEMENTS
Another request from Mn/DOT that the City install
improvements on that portion of Cliff Road lying east of
existing Cedar Avenue to improve from rural to urban cross-
section approximately 400 feet was next considered. Parranto
moved and Wachter seconded the motion, all members voted in
favor, to order a feasibility report and cost sharing agree-
ment with Dakota County for that portion running east of
existing Cedar Avenue, and further that the staff make a
determination as to what portion of the City's cost could
be assessed against benefited owners.
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City Council Minutes
SILVER BELL ROAD REALIGNMENT
Mr. Colbert then reviewed briefly the proposed realign-
ment of Trunk Highway #13 at Silver Bell Road and requested
authorization for preparation of the preliminary report.
Egan moved and Smith seconded the motion, all members voted
in favor, to authorize the City Engineer to prepare a
feasibility report and report back to the Council.
WESCOTT HILLS FOURTH ADDITION DEVELOPMENT CONTRACT
City Attorney Hauge submitted a proposed Development
Agreement between Yankee Doodle Development Company and the
City of Eagan covering Wescott Hills Fourth Addition on
Yankee Doodle Road and recommended approval. Smith moved
and Parranto seconded the motion, all members voted in favor,
to approve the contract and order its signing.
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THOMAS LAKE ROAD PAYMENTS
City Attorney Hauge stated that all necessary ease-
ments on Thomas Lake Road under Project #237 have now been
acquired and that the action in the Minnesota Supreme Court
entitled Baker vs. City of Eagan can now be dismissed. He
recommended payment of the agreed upon amounts with the
Scherers, Smiths and Barkers as proposed at a prior meeting.
Egan moved and Murphy seconded the motion, all members voted
in favor, to approve the payment specified for each of the
owners on Thomas Lake Road.
FIRE HALL NO. 3
The Public Works Committee recommended that the City
Council accept the recommendation of the Building Committee
and Public Works Committee for the plans for the exterior
elevation. Wachter moved and Parranto seconded the motion,
all members voted in favor, to accept the scheme for exterior
elevation as recommended.
UNIVAC SOFTBALL 3.2. LICENSE
Application of Thomas Hollenkamp for temporary 3.2
beer license for April 28 on the Univac ballfields was next
considered. Wachter moved and Smith seconded the motion,
all members voted in favor, to issue the temporary permit.
GEOLOGICAL SURVEY AGREEMENT
The Geological Survey Agreement with the U.S.
Department of Interior covering water quality survey in the
City was next reviewed. Smith moved and Egan seconded the
motion, all members voted in favor, to approve.
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POPPY DAY
Mayor Murphy proclaimed May 11 and 12 as poppy days in
the City and authorized the issuance of a proclamation.
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LIBRARY - CITY FACILITY SITE
The City Administrator showed four alternate plans for
the City owned site including the proposed library on the east
side of Pilot Knob Road and Wescott Road which drawings were
prepared by Urban Planning. Wachter moved and Egan seconded
the motion, all members voted in favor, to approve the north
access site as displayed to the Council entitled "Plan D"
and authorized it to be forwarded to the Dakota County Library
Board.
COUNTY ROAD #30 SPEED REQUEST
The Councilmembers discussed a proposed speed request Of
30 mph maximum on County Road #30 from Blackhawk Road to
existing Cedar Avenue. Smith moved and Wachter seconded the
motion, all members voted yes, to request the County Board in
turn forward the request to Mn/DOT for 30 mph limit on
County Road #30 as described above.
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COUNCIL MEETING GUIDELINES
Councilmember Smith recommended certain guidelines be
established for presentations, including hearings, before the
City Council. He suggested a 15 minute maximum for proponents
and 15 minutes for rebuttal with 3 to 5 minutes for each
person making comments with a maximum of one presentation
per person. The City Administrator was requested to prepare
proposed guidelines for review by the Council.
VOUCHERS
Egan moved and Wachter seconded the motion, all members
voted in favor, to approve the following vouchers:
647-656; 8004-8119; 11981-12113.
ADJOURNMENT
Wachter moved and Murphy seconded the motion, all
members voted in favor, to adjourn at 12:30 p.m.
DATED: PHH
City Clerk