05/02/1979 - City Council Regular
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MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
MAY 2, 1979
A regular meeting of the Eagan City Council was held on
May 2, 1979 at 6:30 p.m. at the Eagan City Hall. Those
present were: Mayor Murphy, Councilmembers Parranto, Egan,
Smith and Wachter. Also present were: City Administrator
Hedges, City Public Works Director Colbert, City Engineer
Rosene, and City Attorney Hauge.
AGENDA
Wachter moved and Egan seconded the motion, all members
voted in favor, to approve the agenda as distributed.
MINUTES
Upon motion by Parranto and seconded by Wachter, all
members voting yes, it was RESOLVED that the minutes of the
April 17, 1979 meeting be approved with the addition that on
page 10 relating to Project #257, Heine Lake, Egan seconded
the motion, and on page 6 relating to Metro Systems Plan
1979 Legislation that there was considerable discussion by
proponents and opponents of the bill and there was concern
by certain Council members regarding the petition.
FIRE HALL ELECTION BALLOT CANVAS
City Administrator Hedges reviewed the returns from
the May 1, 1979 Fire Hall Bond Election and indicated that
the results showed 723 voters in favor and 52 voters against
the bond issue. After review by the Council, Smith moved
and Wachter seconded the motion, all members voted in favor,
to approve the election returns of the May 1, 1979, special
election as they appeared and was presented by the election
judges. Fire Chief Bob"-Childers was present and thanked the
Council and all who cooperated in making the election
successful.
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POLICE DEPARTMENT
Police Chief Martin DesLauriers was present.
1. Dispatcher. Police Chief DesLauriers recommended
that JoAnne Marilyn Arbour be hired to replace the part-time
dispatcher, Carolyn Larson, effective May 3, 1979. Wachter
moved and Parranto seconded the motion, all members voted
yea, to approve the recommendation.
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2. Squad Car Disposal. Mr. DesLauriers then stated
that three new squad cars ordered through the Hennepin
County Purchasing Program had been received and discussed
the disposal of three existing squad cars including a 1978
LTD II Ford and two 1977 '.LTD Fords and suggested that because
the City Public Works Department may have use for one auto-
mobile, that the Administrator's office review the possibility
of keeping one automobile and selling the other two. Smith
moved and Wachter seconded the motion, all members voted in
favor, to authorize the City Clerk to advertise for bids for
the three squad cars to be received and accepted on June 4,
1979, at 3 p.m. at the City Hall and that the Administrator's
office determine whether to recommend that one squad car be
retained by the Public Works Department.
3. Police Building Fencing. Three quotes for fencing
on the north side of the Police facility for security purposes
were submitted for review. The low quote of East Area Fence
and Supply Company in the sum of $698.85 was recommended for
approval by the Police Chief. Wachter moved and Parranto
seconded the motion, all members voted yes, to approve the
recommendation.
4. Lone Oak Road Speed Survey. Mr. DesLauriers briefly
reported on the speed survey on Lone Oak Road and stated that
it was estimated that the speed had been reduced by approxi-
mately 5 m.p.h. since the installation of the 30 m.p.h.
speed signs.
COMPLAINTS - MOTORCYCLES AND ATV'S
Councilmember Wachter reported about complaints on the
Armagost property about the use of motorcycles and all terrain
vehicles. The Police Department was requested to review the
matter.
PARK DEPARTMENT
Park Director Barbara Schmidt appeared.
1. Tree Inspector. Mrs. Schmidt recommended the hiring
of Tom Schuster as the part-time tree inspector. Smith moved
and Egan seconded the motion to hire the tree inspector
effective June 1, 1979, through October of 1979. All members
voted in favor except Murphy who voted no because he indicated
that the tree inspector should be hired for three months
only.
2. Park Maintenance and CETA positions. Barbara Schmidt
stated that she received about 150 applications and inquiries
for one park maintenance position and recommended that with the
large number of applicants and qualified persons that the Council
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authorize the hiring of a park maintenance person and two
CETA park maintenance helpers. Upon motion by Smith and
seconded by Parranto, all members voted yes, it was RESOLVED
that the recommendation of the Park Director for one full time
person and the two CETA part-time maintenance persons be
approved.
PUBLIC WORKS DEPARTMENT
1. Street Sweeping. He discussed the street sweeping
progress to date and recommended authorization for quotes for
completion of street sweeping for 1979. Smith moved and
Wachter seconded the motion, all members voted in favor,
to acquire quotes for the balance of the street sweeping
program for 1979.
2. Street Lights. Mr. Colbert reported concerning the
installation of street light poles to date and stated that
of twenty-one subdivisions requiring light poles to be
installed, 12 had begun work prior to the street light
ordinance and Council action on October 3, 1978, and 9 sub-
sequent to that date. City policy requires concrete light
poles be installed in new subdivisions. He recommended
that the Council reconsider the exclusive use of concrete
poles and allow wood poles because of their versatility,
lower cost, and the difficulty in acquiring concrete poles.
Wachter moved to rescind the previous policy of the Council
and to require wood poles for new subdivisions in the City.
Parranto seconded the motion and all members voted yes except
Smith who voted no.
3.. Major Intersection Light Poles. Upon the recommen-
dation of Mr. Colbert, upon motion by Egan and seconded by
Wachter, all members voting yes, it was RESOLVED that
developers be required to install poles and street lights
at their cost with major street intersections on the border
of the new subdivisions in the City in the future.
HILLTOP ESTATES UTILITY AND STORM SEWER ASSESSMENT HEARING - PROJECT #217
Mayor Murphy convened the assessment hearing regarding
Improvement Project #217 relating to Hilltop Estates
utilities and storm sewer. There were no objections. City
Administrator Hedges explained the assessment project and
recommended 8% interest rate with assessments spread over a
ten year period. Parranto moved and Egan seconded the motion
to close the hearing, to accept the assessment roll and to
set the interest rate at 8% with assessments to be spread
over 10 years; and further, that the Clerk be authorized to
certify the assessment roll to the County Auditor. All
members voted in favor.
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CHES MAR SECOND AND THIRD ADDITION STORM SEWER ASSESSMENTS - PROJECT #193
The next public hearing convened by the Mayor regarded
Project #193 for Ches Mar Second and Third Additions. There
were no objections. The assessment rates for trunk storm
sewer would be $.026 per square foot with a 15 year spread
at 8% interest. The City Administrator reviewed the project.
Wachter moved and Egan seconded the motion, all members
voted in favor, to accept the recommendation, to approve the
assessment roll, accept the spread over 15 years at 8%
interest and to authorize the roll to be certified and
forwarded to the County Auditor.
CHES MAR FOURTH AND FIFTH ADDITION UTILITIES AND STORM SEWER
ASSESSMENTS - PROJECT #224
After review, the Mayor convened the public hearing
regarding the assessments for Project #224 consisting of
Ches Mar Fourth and Fifth utilities and storm sewer. The
City Administrator briefly reviewed the project and there
were no objections. Egan made a motion and Wachter seconded
the motion to approve the roll, to accept the recommendations
of the staff regarding the assessment spread and interest, to
close the public hearing and authorize the Clerk to certify
the roll to the County Auditor. All members voted in favor.
CLIFF ROAD SANITARY SEWER AND WATER ASSESSMENTS - PROJECT #234
Mayor Murphy then convened the public hearing for
assessments concerning Improvement Project #234 covering
Cliff Road sanitary sewer and water assessments. Mr. Hedges
stated that 1978 rates were used in the roll and a number
of affected residents were present with questions. Certain
affected residents objected to the water area assessments and
it was noted that any owner who grants a ponding easement to
the City for lake or pond area would be relieved of his area
assessments for such easement area. Smith moved to'close the
hearing, to approve the assessment roll, and to authorize the
Clerk to certify the roll to the County Auditor. Egan
seconded the motion and all members voted yea.
BUFFER HILLS UTILITY PROJECT #238
Mayor Murphy convened the hearing regarding Improvement
Project #238 covering Buffer Hills Addition utilities. City
Engineer Bob Rosene explained the project and Don Christiansen,
the developer, appeared and had no objections. Upon motion
by Parranto and seconded by Smith, it was RESOLVED to close
the hearing, to order in the project and to proceed with the
plans and specifications. All members voted in favor.
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WILDERNESS RUN ROAD PROJECT #267
Mayor Murphy convened the next hearing regarding
Improvement Project #267 covering Wilderness Run Road rough
grading. There were no objections to the project. The City
Engineer reviewed the project and there were questions con-
cerning the ability of the road fund to handle the current
road projects being proposed throughout the City. Council-
members indicated that it appeared that there were sufficient
funds in the road fund to cover current road projects. Wachter
moved and Egan seconded the motion, all members voted yes, to
close the hearing and order in the project and to authorize
the City Engineer to prepare the plans and specifications.
Parranto then moved and Wachter seconded the motion, all
members voted in favor, to authorize the staff to blockade
both ends of Wilderness Run Road at Dodd Road and Lexington
Avenue and posted for "no through traffic" with the under-
standing that all affected owners who would be assessed for
the improvements consent to the blocking of the road until
it is improved to City standards.
DUCKWOOD DRIVE AND DENMARK DRIVE - PROJECT #269
The hearing was convened concerning Project #269
covering street improvements for Duckwood Drive and Denmark
Avenue. Several affected owners were present and there were
no objections. The City Engineer explained the project and
reviewed an alternate for urban cross section or 24 foot width
street with rural cross section. He recommended the rural
cross section at the present in order to provide for a change
order to the existing Duckwood Drive road improvement contract
and that the urban cross section be done at a later time.
Wachter moved and Smith seconded the motion, all members
voted in favor, to close the hearing, to order in the project
and to provide for rural cross section improvements at the
present time.
SUNSET ADDITION
Mr. Phillip Brandt, applicant, and Del Schwanz, surveyor,
appeared regarding Mr. Brandt's application for rezoning from
Agricultural to R-1, Residential Single, and preliminary plat
approval of Sunset Addition lying west of Dodd Road on
Hackmore Drive. Mr. Schwanz discussed proposed drainage
including an agreement to pond Lot 1, Block 1, and Lot 6,
Block 2, for temporary drainage purposes and in addition, the
developer would install a drainage swail along the east line
of the plat.
There was a question as to whether there was a 60 foot
easement easterly to Dodd Road on Hackmore Drive. Wachter
moved and Egan seconded the motion, all members voted yes,
to approve the preliminary plat for Sunset Addition and rezoning
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City Council Minute
from A to R-1 all according to the Advisory Planning Commission
recommendations including conditioned upon the acquisition of
a 60 foot right-of-way from the west line of Sunset Addition
extended southerly and easterly to Dodd Road and, further, to
provide for the temporary ponding easements in the southwest
corner and northeast corner lots as proposed by the developer.
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D 79-70
PILOT KNOB ROAD FEASIBILITY REPORT
Public Works Director Colbert reviewed with the Council
the feasibility report for Pilot Knob Road improvements from
Yankee Doodle Road to 1-494. A plan submitted by the Dakota
County Highway Department was reviewed by Mr. Colbert to
consider:
1. The improvement of Pilot Knob Road as a two-lane
rural section;
2. and as a four-lane urbanized section from the inter-
section of County Road #28 to 1-494. A schematic feasibility
study was submitted and reviewed by Mr. Colbert and City
Engineer Rosene. There were questions from the audience
regarding the right-of-way plans, proposed signalizing of
the intersections and questions by some affected persons
regarding access to property adjacent to Pilot Knob Road. Mr.
Colbert requested authorization by the Council to have the
Dakota County Highway Department prepare more detailed plans
for public hearing and recommended urban section four-lane to
show detailed plans. He also suggested updating the storm
drainage information. Wachter moved and Egan seconded the
motion, all members voted in favor, to schedule an informal
meeting of the City Council on May 29, 1979, at 7 p. m.
regarding the Pilot Knob Road feasibility report.
MEADOWLAND FINAL PLAT AND DEVELOPMENT AGREEMENT AMENDMENT
City Administrator Hedges explained to the Council a
request of the owners of Meadowland Addition that the park
area running in conjunction with the Northern States Power
transmission line be restricted to no snowmobiles over the
all purpose trail. Mr. Dave Sellergren, attorney for Dunn &
Curry, was present and explained the reasons for the request.
He suggested the Council adopt an ordinance prohibiting
snowmobile use on the route and that the Council accept the
easements and Warranty Deed on the park land with no snowmo-
biling restrictions. Councilmember Smith pointed out that
there are no exceptions made to the current policy that allows
snowmobiles, that there have been no significant snowmobile
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City Council Minutes
problems in recent years, it would be difficult to enforce,
that it is on the major route for the cross country trail, and
recommended against changing the policy regarding snowmobiles.
No action was taken by the Council. It was noted that some
revisions to the Development Agreement timing had been reviewed
by the City staff but no action was required.
CAMERON COURT ADDITION FINAL PLAT APPROVAL
Mr. Richard Grekoff appeared regarding his application
for final plat approval of Cameron Court which he desires to
be called Southwind. The City Administrator and Attorney
Hauge reviewed the requirements and indicated that the City
policy is that the original name Cameron Court or Cameron
Addition should be retained rather than change to Southwind.
In addition, the PUD Agreement has not been signed by the
developer. Parranto moved and Smith seconded the motion, all
members voted in favor except Egan who voted no, to approve
the final plat of Cameron Court subject, however, to the
submission of the PUD Agreement and Development Agreement and
completion of all other ordinances and regulations of the
City.
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WESCOTT HILLS FOURTH ADDITION
Mr. Pat Gallagher, attorney, appeared on behalf of the
application of Yankee Doodle Development Company for final
plat approval of Wescott Hills Fourth Addition on Yankee Doodle
Road. The Development Agreement appeared to be in order.
Wachter moved and Egan seconded the motion, all members voted
yes, to approve the final plat subject to all ordinance
requirements including park dedication.
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CHARLES JAMES NEIGHBORHOOD CENTER - HILLTOP
Mr. Charlie James and Stelios Astelinidos, planner,
appeared on behalf of the application of Mr. James for plan
approval for neighborhood shopping center at the northeast
corner of Pilot Knob Road and County Road #30. The APC
recommended approval of all applications except recommended
denial of the variance to delete service bays in the proposed
service station. Mr. James explained that service bays are
no longer the standard practice with filling stations and
requested the Council allow the deletion of service bays and
approval of the other applications including conditional use
permit
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There was discussion concerning location of service
stations that have been eliminated throughout the City and the
need to provide for servicing of automobiles for the influx of
population. There was also the discussion as to need for a
service drive around the rear of the center for emergency and
service deliveries. In addition, there was considerable
discussion concerning an alternate access in the form of a
service drive potentially in the future along Pilot Knob Road
and the developer indicated that he would be willing to grant
such an easement to the County or City if requested. It was
further noted that at least 10,000 square feet of retail
space is required before a service station permit is granted
in a shopping center. After considerable discussion, Parranto
moved and Wachter seconded the motion, all members voted yea,
to approve the waiver of the 12 month provision under the
zoning ordinance to permit reconsideration of the conditional
use permit for reasons of miscommunications between the staff
and the applicant in 1978 and to approve the plan for the
neighborhood business center with the following conditions:
a. All recommendations of the Planning Commission.
b. That a landscaping plan be submitted to the City's
satisfaction.
c. That the developer and owner will agree to dedicate
adequate access including frontage road parallel to Pilot Knob
Road at the request of the City or Dakota County for access
northerly to Berry Ridge Road if requested and that such dedi-
cation will be made at no cost to the City or County.
d. To provide for access around the rear of the pro-
posed shopping center buildings to provide for delivery vans
and for emergency purposes.
No action was taken on the request for conditional use
permit for service station nor the request for variance to
delete service bays for the reason that it appeared that the
applicant would not comply with the 10,000 square foot require-
ment and in addition, to permit the applicant to review the
proposal and submit an application for filling station permit
at a later time.
CARSON-PIRIE-SCOTT INDUSTRIAL REVENUE BONDS
Mr. Richard Helde of the Faegre and Benson law firm,
together with representatives of Carson, Pirie, Scott appeared
regarding its application for approval by the City Council of
industrial revenue bond financing in the sum of $2,750,000 for
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City Council Minutes
the construction of a warehouse in the Eagandale Center
Industrial Park. The purpose of the warehouse is to house a
wholesale distribution floor covering operation. The Finance
Committee chairman, Mr. Parranto, reported that the committee
had reviewed the application and found the application to
conform with the criteria of the industrial revenue financing
with the exception that the land acquisition clause should not
be included in the bond issue according to previous policy
and practice of the City Council.
After discussion, Parranto moved and Smith seconded the
motion, all members voted in favor, to approve the resolution
for industrial revenue bond financing for Carson, Pirie, Scott
and Company pursuant to its application in an amount not to
exceed $2.5 million which sum shall exclude the land acquisition
cost.
BOND FILE
COACHMAN OAKS IDR BOND FINAL RESOLUTION
City Attorney Paul Hauge opened the discussion regarding
the request of Rosewood Corporation for approval of final re-
solution for industrial revenue financing for the Coachman Oaks
multi-family rental housing project on Coachman Road. Questions
had arisen by staff and Councilmembers regarding the recent
legislation submitted by Representative Al Ullman of Oregon
to the U.S. House of Representatives restricting the tax
exempt status of industrial revenue financing for residential
construction.
Mr. Hauge indicated that he had consulted several
bond counsel including the Dorsey office, and Faegre & Benson.
In their opinions, an IDR bond issue for rental housing where
the capital expenditures by the developers, owners and related
parties do not exceed $10 million~,fbr a peri.od.of three years prior
to and three years subsequent to the IDR bond issue would fit
as an exemption under the proposed Ullman bill. The City
Attorney recommended that there be an adequate hold harmless
clause indemnifying the City from any claim that may be made
against it as a result of the bond issue, that a statement from
the owners, developers and all related parties be executed
and submitted that they will not exceed the $10 million capital
expenditure limit provided in the proposed Ullman bill and
that the approval attorney's opinion state that the issue does
comply with the existing state and federal law including the
Internal Revenue Code and proposed federal legislation.
Catherine Barttlet of the Dorsey office was present and
explained the position of the bond counsel for the issue. Ted
Yoch was present for the developer; Attorney Howard Stacker for
the developer, Russ Prince of Juran and Moody and other
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City Council Minutes
interested persons were present in relation to the application.
There were questions from Councilmembers and the inducement
letter to be signed by all parties in interest was reviewed
in detail. Ms. Barttlet and Mr. Stacker indicated that in
their opinions that the inducement letter contained sufficient
indemnification for the City in the event any claims against
Eagan result from the issue; they further stated that in the
event that the tax exempt status of the interest on the bonds
become taxable at some time in the future that the bonds
would then be called and further, that FHA will insure the
mortgage. In the event the property is sold for condominium
purposes, the bonds will then be required to be paid off
according to Mr. Yoch.
After considerable discussion, Parranto moved and Smith
seconded the motion, to approve the final resolution regarding
the Coachman Oaks IDR bond issue pursuant to the resolution
as found in the bond file subject, however, to final review
and approval by the City Administrator and City Attorney. All
members voted in favor except Egan who voted no.
BOND FILE
ROGER OLSON PROPERTY
Mr. John Klein appeared on behalf of his request that
the City Council review the Roger and Shirley Olson property
on Pilot Knob Road for possible zoning ordinance violations
regarding the parking of trucks in the residential area. City
Administrator Hedges and City Attorney Hauge stated that
additional facts should be gathered in order to make a
recommendation to the Council and the Council asked that a
report be made at the next regular meeting.
PROJECT #238 - BUFFER HILLS WATER MAIN
The City Engineer submitted plans and specifications for
Project #238 regarding water main to Buffer Hills Addition and
recommended that bids be advertised. Upon motion by Parranto
and seconded by Egan, all members voted in favor, it was
RESOLVED that the City Council approve the plans and specifi-
cations for Project #238 consisting of Buffer Hills water
main and authorize the Change Order #2 for Project #221A.
PROJECT #269 - DUCKWOOD DRIVE
The next set of plans and specifications were submitted
regarding Project #269 - Duckwood Drive. The Public Works
Director recommended approval. Parranto moved and Wachter
seconded the motion, all members voted yes, to approve the
plans and specifications for Project #269 and further, that
Change Order #1 for Project #221A and Change Order #1 for
Project #237 be authorized.
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PROJECT #225 - WESCOTT ROAD SIDEWALK AND TRAIL CONSTRUCTION
City Public Works Director Colbert, together with Park
Director Barbara Schmidt, recommended to the Council that it
would be in the City's best interest to construct a 10 foot
wide bituminous trail along the south side of Wescott Road in
lieu of the 5 foot concrete sidewalk approved with the plans,
which would result in a $140 deduct. Councilmembers discussed
the proposed width of trails and whether concrete or bituminous
materials should be required. The matter was held over and
continued to the next meeting for further staff review and
recommendation.
IMPROVEMENT PROJECT CONTRACT AWARDS
The Public Works Director recommended the award of the
low bid for each of the following projects:
Name of Low Bidder Amount of Bid
Project #230 McNamara Vivant Contracting $ 49,057.50
Project #259 Encon Utilities 397,311.00
Project #262 McNamara Vivant 299,675.00
Project #267 Enebak Construction 82,460.00
Upon motion by Wachter and seconded by Egan, all members
voting in favor, it was RESOLVED that the low bid for each of
the foregoing contracts be and hereby is approved and the
contract be awarded according to the recommendation of the
City Public Works Director.
MN/DOT AGREEMENT TRAFFIC SIGNALS AT CLIFF AND CEDAR AVENUES
A proposed agreement with Mn/DOT for temporary signals
at Cliff Road and Cedar Avenue was reviewed by the Public
Works Director. The Councilmembers had questions as to the
exact location of the temporary signals and requested further
information at the next Council meeting.
PROJECT #270 - HEINE ADDITION STORM SEWER EXTENSION
The City Engineer submitted a feasibility report for
Project #270 concerning the Heine Addition storm sewer lateral.
Wachter moved and Parranto seconded the motion, all members
voted yes, to accept the report and to authorize the City
Clerk to schedule a public hearing to be set for June 5,
1979, at 7 p.m. at the City Hall.
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COUNCIL PROCEDURAL RULES
A proposed set of procedures for conduct of business
meetings of the City Council meetings was submitted by the
City Administrator and reviewed by Councilmembers. After
discussion, Smith moved and Egan seconded the motion to adopt
the procedures as submitted. All members voted in favor except
Murphy who voted no because he felt that persons should be
given adequate, time to express themselves at Council meetings.
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BEURE' CO. ASSESSMENT APPEAL
City Attorney Paul Hauge reviewed with the Council
an assessment appeal being brought by Luther Stalland for
Beure' Co regarding storm sewer improvements covering the
Cedar Avenue storm sewer project lying directly south of the
Chicago Northwestern Railroad right-of-way. He stated the
appeal would be heard before the District Court on May 10 and
requested action by the Council on the request by Mr. Stalland
to reduce the amount of the assessment and in the event the
Council determines not to do so, to authorize the hiring of
an appraiser for the assessment appeal. The Council discussed
the issue and stated that it would be receptive to a ponding
easement over the Beure'Co property and that in the event of
submission of an executed ponding easement, that the storm
sewer assessment would be waived. Smith moved and Egan seconded
the motion, all members voted in favor, to approve the
recommendation of the Assessment Committee that a ponding
easement be acquired and in the event that an acceptable
ponding easement is submitted to the City, that the assess-
ment be waived; but in the event that no ponding easement is
delivered, that the City Attorney be authorized to hire an
appraiser for the assessment appeal.
PROJECT #79 - BEACON HILLS ADDITION
The contract covering improvements for Beacon Hills
Addition including utilities and streets consisting of Project
79-1 (262) with Fredrickson Excavating Company was reviewed
by the Council. The City Attorney recommended approval
subject to proper insurance coverage. Wachter moved and
Parranto seconded the motion, all members voted yes to
approve the execution of the contract subject to final
approval by the City Attorney.
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PAYROLL SAVINGS DEDUCTIONS FOR EMPLOYEES
Mr. Hedges stated that several employees requested
the opportunity to have a payroll deduction savings plan
administered by the City. About 20 employees were interested
in the program and they requested approval of such a plan.
Smith moved and Egan seconded the motion, all members voted
in favor, to approve such a payroll savings plan to be
implemented under the direction of the City Administrator.
R 79-38
VOUCHERS
Wachter moved and Egan seconded the motion, all members
voted yes, to approve the following vouchers: 657-659;
8120-8190; 12114-12208.
ADJOURNMENT
Egan moved and Wachter seconded the motion, all members
voted in favor, to adjourn at 1 a.m.
PHH
Dated: May 2, 1979
C'ty Clerk