02/06/1979 - City Council Regular
0 0;>2
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
FEBRUARY 6, 1979
A regular meeting of the Eagan City Council was held on
February 6, 1979, at 6:30 p.m. at the City Hall. Those
members present were: Mayor Murphy, Councilmembers Egan,
Smith, Wachter and Parranto. Also present were: City
Engineer Rosene, City Administrator Hedges, City Public Works
Director Colbert and City Attorney Hauge.
AGENDA
After the Pledge of Allegiance, upon motion by Wachter
and seconded by Egan, with all members voting in favor, the
agenda as distributed was approved with the addition of the
resolution covering the proposed D.C.R. Company bowling alley
industrial revenue bonds.
MINUTES
Parranto moved and Wachter seconded the motion, all
members voted yes, to approve the minutes of the January 9,
1979, special meeting. Parranto moved and Egan seconded the
motion, all members voted yes, to approve the minutes of the
January 16, 1979, regular meeting. Smith then moved and
Parranto seconded the motion, all members voted in favor,
to approve the minutes of the January 17, 1979, special
meeting of the Council.
POLICE DEPARTMENT
Chief DesLauriers appeared.
1. Mr. DesLauriers recommended the sale of a 1976
Ford squad car to Mr. Roy Becker with the highest bid purchase
at $1,550. Wachter moved and Parranto seconded the motion,
all members voted yes, to accept the recommendation.
2. Johnny Cake Ridge Road Speed Survey. Chief DesLauriers
recommended that a decision be made in the spring in order to
get accurate speed surveys to determine whether to put in a
permanent stop sign at Hickory Hill on Johnny Cake Ridge
Road. Action had been taken at the January 16, 1979 meeting
for a temporary stop sign and no further action was taken.
February 6, 1979
Page Two
City Council Minutes 0
PARK DEPARTMENT
Park Director Barbara Schmidt was present.
1. Patrick Eagan Park. Mrs. Schmidt indicated that a
check was received in the sum of $35,500 representing the
State of Minnesota share towards the allocation of the pur-
chase of an addition to Patrick Eagan Park, including
approximately 35 additional acres. The federal grant of
$71,000 will be reimbursed after the acquisition is completed.
The City share will be $35,500 to be acquired from Park Bond
funds. The Park Director recommended that the City Attorney,
Paul H. Hauge, be authorized to begin the negotiations with
property owners, Thomas Rooney and the McCarthy family, for
the acquisition for the necessary park. Wachter moved and
Smith seconded the motion, all members voted in favor, to
approve the recommendation.
2. Rahn Thomas Trail. Barbara Schmidt stated that the
Minnesota State share of the grant award for Rahn Thomas
Trail in the sum of $32,000 will be received upon the receipt
of a signed agreement. The federal contract to provide
$40,000 had been approved July, 1978. The City share will
be $8,000 programmed for park funds. Upon recommendation of
the Park Director and upon motion by Smith and seconded by
Wachter, it was RESOLVED that authorization be given for the
signature of the State project agreement by the Mayor and
City Clerk; further, that the City Consulting Engineer,
Bob Rosene, be authorized to prepare plans and specifications
for the trail noting that this appears to be one of the most
important City trails. All Councilmembers voted in favor.
3. Section 9 Park. Mrs. Schmidt stated that on January
31st, she was informed by the State Planning Agency that
fiscal year 1979 grant application for purchase of approximately
8 acres of park land in Section 9 near Coachman Road was
programmed for funding consideration. A full application
has been requested to be submitted by about February 15, 1979,
providing for Lawcon funds of $61,500, State funds $30,750,
and local share $30,750 for a total project cost of $123,000.
Smith moved, Egan seconded, and all members voted yes, to
implement the recommendations of the Park Director as follows:
A. Authorization to submit full application to the
State of Minnesota.
B. The approval of necessary documents relating to the
Rahn Thomas Trail project.
C. Authorization to hire an appraiser for the project.
R 79-2
February 6, 1979 0 024
Page Three
City Council Minutes
PUBLIC WORKS DEPARTMENT
City Public Works Director Colbert reported.
1. Mr. Colbert reviewed bids received for miscellaneous
park department equipment as follows: Grounds Master 72 turf
maintenance machine with attachments with low quotation from
Minnesota Toro in the sum of $8,500. He recommended purchase.
Egan moved and Parranto seconded the motion, all members voted
yes, to approve the recommendation.
2. Turf Maintenance Utility Tractor with low bid from
Corcoran's John Deere of $5,475. Wachter moved and Egan
seconded the motion, all members voted in favor, to approve
the recommendation.
3. 3/4 ton pickup with low bid from Osborn and Fasula
Dodge of Hastings in the sum of $5,425.32. He recommended
purchase. Smith moved and Wachter seconded the motion, all
members voted in favor, to approve the purchase.
4. Grass Sweeper for turf maintenance. Mr. Colbert
recommended that all of the quotations for the sweeper,
including a hydraulic dump lifter, be rejected and that new
quotations be solicited to provide for manual dump be
acquired. No action was taken.
EAGAN BOY SCOUTS AND 4-H CLUB AWARDS
Mayor Murphy reviewed with the Council and persons
present in the audience the achievements of certain members
of two Boy Scout Clubs in the City and four 4-H Clubs presently
existing in the City of Eagan. It was noted that five Eagle
Scout awards have been achieved and that it was noted that
the four 4-H clubs have 175 children involved at the present
time. Awards were given to each of the five Eagle Scouts
and the 4-H member who has been elected to attend the National
4-H Congress. Senator Howard Knutson and Representative Ray
Kempe were present and also assisted in presentation of the
awards as did Councilmembers and the Mayor.
LEGISLATIVE REPORT
Both Representative Kempe and Senator Knutson gave
brief reviews of current activities in the Minnesota Legislature
and indicated that they would be available for contacts from
residents and City Councilmembers at any time during the
Legislative Session.
February 6, 1979 0 025
Page Four
City Council Minutes
CLARENCE ADELMAN - HOLLY INN
Mr. Adelman appeared and objected to the parking by
Holly Inn patrons adjacent to his residential home on Highway
#13 and requested that new signs indicating "no parking
between signs" be installed. It was noted that "no parking"
signs are already in place and that the police are authorized
to tag violators.
DAKOTA COUNTY ASSESSMENT ABATEMENTS
John O'Toole of the Dakota County Assessor's office was
present and recommended abatement of the Gopher Smelting
property on Highway #49 where double assessments had been
made covering taxes for 1976, 1977 and 1978, and further, that
the Fern Peterson property on Cedar Avenue be recommended
for reduction in that the residential home is now beyond
repair. Upon motion by Parranto and seconded by Egan, it
was RESOLVED to approve the recommended abatements with all
members voting in favor.
ADVISORY PLANNING COMMISSION AND PARK COMMITTEE REPLACEMENTS
Mayor Murphy stated that there are currently two vacancies
on the Advisory Planning Commission and four vacancies on
the Advisory Park Committee. The list of persons who had
indicated an interest and had been interviewed by the Council
was distributed and written ballots for the Planning Commission
vacancies were first prepared by the Councilmembers. Those
elected to be Advisory Planning Commission were Kenneth
Hedtke and Lloyd Krob after five ballots. Ballots for the
Park Committee vacancies were distributed and after one
ballot the four vacancies were filled as follows: Mike
Thomas, Sharon Radl, Arnold Lucke and Dick Carroll.
CITY ATTORNEY AND CITY PROSECUTING ATTORNEY
Proposals for consulting legal services for 1979 had
been distributed to City Councilmembers. Upon motion by
Egan and seconded by Wachter, all members voting in favor,
it was RESOLVED that the Personnel Committee recommendations
to approve the hiring of George Hoey as the City Prosecuting
Attorney for 1979 and Paul H. Hauge as the Eagan City Attorney
for 1979 be approved. All members voted in favor.
D 79-17
PARK CLIFF ADDITION
A request for extension of time by Mr. Richard Winkler,
the developer of Park Cliff Addition, was again reviewed. It
was noted that a revision in the First Addition has now been
requested and upon motion by Smith, and seconded by Egan, all
members voting yes, it was RESOLVED to return the matter to
the Advisory Planning Commission to review the changes in the
revised preliminary plat for the First Addition.
February 6, 1979 0 026
Page Five
City Council Minutes
D.C.R. COMPANY BOWLING ALLEY BONDS
A final resolution regarding the industrial revenue
bonding for the bowling alley to be constructed by D.C.R.
Company in the Cedarvale Shopping area was next submitted.
David Grannis, attorney, appeared for the applicant.
Parranto moved and Smith seconded the motion, all members
voted in favor, to approve the adoption of the resolution
provided that all necessary requirements, including statutory
requirements and City ordinance regulations are complied with.
BOND FILE
PILOT KNOB ROAD RECONSTRUCTION
Councilmember Wachter, Chairman of the Public Works
Committee, reported on the findings of the committee and
recommendations regarding the proposed upgrading of Pilot
Knob Road from 1-494 to I-35E. The recommendation was for a
four lane divided roadway from 1-494 to Eagandale Industrial
Boulevard; four lane undivided southerly to Lone Oak Road
with signals and right and left turn lanes; four lane un-
divided to Yankee Doodle Road; then four lane divided from
Yankee Doodle Road to the intersection of I-35E. There was
discussion concerning proposed assessments to benefited
property owners and considerable discussion and comments
from members of the audience who were present.
A report from Dakota County Highway Engineer Sandeen,
dated December 11, 1978, indicating the requirement for 120
foot right-of-way with 2 lane rural cross section and 100
foot right-of-way with 4 lane urban cross section was
discussed. Some persons present suggested the Council
request that plans be prepared for 2 lane rural cross section
so that the residents can compare the two plans. The County
Highway Department indicated that excessive cost would be
involved in preparing two sets of plans and recommended only
preparation of the 4 lane urban cross section plan. Council-
members expressed opinions regarding the proposal and Council-
member Smith opposed the recommendations of the committee
only because the County would not prepare two alternate plans
for review by the City.
After approximately one hour and 15 minutes of discussion,
Parranto moved and Wachter seconded the motion that the
recommendation of the Public Works Committee be approved and
forwarded to the County. Wachter then moved to amend the
motion and Smith seconded the motion to request that two designs
be prepared by the County Highway Department. Both the amend-
ment and main motion were withdrawn.
February 6, 1979 0 027
Page Six
City Council Minutes
Smith then moved and Egan seconded the motion to request
that the County Board of Commissioners direct the County
Highway Department to prepare design cost and corridor
alignments for Pilot Knob Road from 1-494 through the inter-
section of I-35E to include a 4 lane road according to the
recommendations of the City Public Works Committee and for a
2 lane rural cross section roadway and that such determination
by the Dakota County Board be made by February 20, 1979;
further, that the Dakota County Highway Department be directed
to proceed immediately with the preparation of plans to
permit adequate time for holding public hearings and con-
struction of proposed improvements during 1979. All members
voted in favor.
R 79-3
D 79-18
GEORGE SAAD CONDITIONAL USE PERMIT
Mr., and Mrs. George Saad appeared on behalf of their
application for a conditional use permit for restaurant with
on-sale wine and 3.2 beer at 1665 Yankee Doodle Road. The
Advisory Planning Commission recommended against approval.
Mr. Saad submitted some revised plans of the site indicating
parking changes and they were reviewed by Public Works
Director Colbert. Mr. Colbert indicated that he recommended
the Council consider the plan providing for parking extended
to the west with 5 foot variance on the north lot line with
provision for 40 foot frontage road and provision would be
made for it on the plan. After considerable discussion
concerning the revised plans, questions from the audience
including objections from neighboring property owners, Smith
moved and Parranto seconded the motion to approve the plan
providing for no setback variance on the north according to
the plan dated February 2, 1979, and subject to compliance
with all necessary ordinances. All members voted in favor.
Mr. Saad indicated that the restaurant would be open
until 1 a.m. with the exception of Sundays with the closing
at 12 p.m. There was concern about lighting the outside of
the premises and Mr. Saad indicated that he would comply with
the necessary Eagan ordinances. Parranto moved and Smith
seconded the motion to amend the original motion to limit the
seating to 51 persons, that curbing be installed by July 1,
1979, and that building permits be required for any alterations
or modifications to the interior of the building. All
members voted in favor of the amendment and all voted in
favor of the motion as amended. Parranto then moved and
Wachter seconded the motion, with all members voting in favor,
to approve the conditional use permit for on-sale wine and 3.2
beer license with the condition that there be no standup
bar on the premises. Mr. Saad indicated that there would be
no standup bar and all service would be made at tables. All
members voted in favor of the motion.
February 6, 1979 0 0
Page Seven
City Council Minutes
RED OWL WAREHOUSE VARIANCE
Michele Foster of Rauenhorst Corporation appeared on
behalf of the application of Red Owl - Snyder Drugs for 15
foot rear yard setback variance to allow industrial building
permit to build 15 feet from the rear property line and
variance to exceed 35% lot coverage in Limited Industrial
District covering the Red Owl Warehouse on Yankee Doodle Road.
The APC recommended denial indicating that there was no hard-
ship except economic hardship. Ms. Foster showed plans of
the proposed purchase of two acres by the applicant either to
the east or west of the existing site on Yankee Doodle Road,
which addition would provide 50% lot coverage. She claimed
a hardship in the event that the applications are not approved
and stated that the ordinance did not require 35% lot coverage
in 1970 when the original application for construction was
submitted.
It was noted that there appeared to be additional land
for purchase either to the east or west of the property and
that an additional 10 acres would be required to fulfill the
35% coverage with the addition. Smith moved and Wachter
seconded the motion to continue the application for two
weeks to determine whether plans that had been submitted in
1970 for the original construction included an expansion
proposal. Mr. Parranto requested the staff review the 0 K
Manufacturing plant in Sibley Terminal Industrial Park to
determine whether a precedent had been set regarding set-
backs and lot coverage.
JOHN ODINK WAIVER OF SUBDIVISION REGULATIONS
Mr. John Odink appeared on behalf of his application to
split Lot 8, Highview Acres, on Pilot Knob Road and Highview
Avenue into two single family lots. The APC recommended
approval and subject to conditions. The Planner's report of
January 17th was reviewed and there was considerable discus-
sion concerning the recommendation of the staff for additional
right-of-way to provide for 120 to 150 foot right-of-way
on Pilot Knob Road. It was noted that the City has consistently
required dedication of necessary right-of-way in the event of
approval of plats or replats and in addition, waiver of the
platting requirements. Smith moved and Parranto seconded the
motion to approve the application subject to the recommenda-
tions of the planner including park constribution to be made
on the newly created lot, 25 foot additional right-of-way for
Pilot Knob Road and drainage easements to be provided on
all property lines. Those in favor were: Wachter, Parranto
and Smith. Those against were: Egan and Murphy.
R 79-4
D 79-19
February 6, 1979
Page Eight O 029
City 'Council'Minutes
WEST PUBLISHING COMPANY 2ND ADDITION
Michele Foster of Rauenhorst Corporation appeared on
behalf of the application of West Publishing Company for
approval of the final plat of West Publishing Company 2nd
Addition on Highway #49. It was noted that an additional
amount of land has been acquired and that the 2nd addition
overlaps all of the 1st addition plus the newly acquired
property. Egan moved and Wachter seconded the motion, all
members voted yes to approve the application subject to
compliance with all necessary ordinances.
R 79-5
D 79-19
COMMUNITY ACTION COUNCIL SPECIAL PERMIT FOR BATTERED WOMEN'S SHELTER
Representatives of the Dakota County Community Action
Council, Inc., appeared and Mr. Robert Porter of the Dakota
County H.R.A. also appeared regarding the application of the
C.A.C. for a special permit for a shelter for battered
women under Ordinance #52. It was noted that the agriculturally
zoned property consisting of a`.single family residents
on a 21, acre site on south Cedar Avenue and north of Kings
Road would require a special permit because there is no zoning
classification, conditional or permitted use, for such a
proposal.
There was discussion concerning the requirement of review
on an annual basis of the special permit. A report from John
Voss, the Eagan Planning Consultant, dated November 28th,
together with a proposed resolution amending the Zoning
Ordinance by adding similar institutional permitted uses to
residential or agricultural districts in the City of Eagan
was reviewed. The representatives indicated that neighboring
property owners have been contacted and that there were no
objections nor any objecting party present at the meeting.
Federal funding has been received for acquisition of the home
and it is intended as a temporary home in a normal residential
setting for battered women and children. It was noted that'.
a supervisor will be present at all hours and that no more
than 12 persons, including supervisory personnel, will be
permitted on the premises at any one time.
A report from the Chief of Police, without recommendation,
dated January 31, 1979, was also reviewed, but there were
statements concerning the need for a facility in Northern
Dakota County. Conditions proposed by the City Planner were
reviewed, and Wachter moved and Egan seconded the motion, all
members voted in favor, to approve the request for a special
permit subject to the following:
February 6, 1979
Page Nine 0r_:O
City Council Minutes
1. The Building Inspection Department shall determine
that the structure meets the minimum requirements of the
Minnesota State Building Code.
2. All vehicles generated by the institutional use
shall be parked on the property and not along public streets.
3. A supervisor (designated individual) shall be
present during all hours when the institutional use is
operated unless otherwise approved by the City Council.
4. There shall be no structural alterations which would
not normally be expected in the particular zoning district
in which the institutional use is located.
5. No more than twelve (12) persons, including super-
visory personnel, shall be permitted on the premises at one
time.
6. The use shall have appropriate licenses for the
individual operations as may be required by the State of
Minnesota.
7. The use shall not disrupt or otherwise distract from
the appearance or normal residential character of the area
in which it is located.
8. The permit will be reviewed annually.
THOMAS LAKE AND LAKE PARK ADDITIONS PRELIMINARY PLAT
City Administrator Hedges reported concerning the request
of the Council to inquire into the feasibility of connecting
the two cul-de-sacs between proposed Thomas Lake Addition and
Lake Park Addition. Mr. Howard Dahlgren appeared representing
the developers of Lake Park Addition. Also Mr. Ken Parsch,
the owners of proposed Lots 4 and 5 of Thomas Lake Addition
appeared and objected to the connecting link because of the
impact on trees and reduction in lot size for his lots.
Mr. Dahlgren requested that the link not be required because
of the resulting reduction in lot sizes.
Councilmember Parranto excused himself from consideration
of the application because of potential conflict. After
discussion, Smith moved and Egan seconded the motion to
approve the preliminary plat of Lake Park Addition without
requirement for connecting the two cul-de-sacs in the two
additions on the basis of loss of trees with the understanding,
however, that easements will be granted by the developers of
each addition for looping the watermain according to the
requirements of the City. Those in favor were: Smith, Murphy
and Egan. Those against were: Wachter.
Q 79-21
February 6, 1979
Page Ten g) 031
City Council Minutes
LOCAL ASSISTANCE GRANT FOR COMPREHENSIVE PLAN
The City Administrator reviewed the proposed grant and
amended agreement for Local Assistance grant with the Metro-
politan Council which would provide for $29,190 as total
grant award for the comprehensive land use plan for the City,
with an increase of about $4,000 and he recommended approval.
Parranto moved and Wachter seconded the motion, all members
voted in favor, to approve the execution of the Grant
Amendment Agreement.
R 79-6
D 79-22
ANIMAL WARDEN - KATHY GILBERTSON
Mr. Hedges stated that interviews had been held with
several candidates for the position of Eagan Animal Warden
and recommended that Kathy Gilberton of 3930 Turquoise Circle
be hired to fill the vacancy of Robin Clarey. It was noted
that Mrs. Gilbertson has had extensive experience with animals
and she was present in the audience and indicated that she
would be able to work within the budget limitations of the
City. Parranto moved and Egan seconded the motion, all
members voted in favor, to approve the hiring of Kathy
Gilbertson as Animal Warden.
D 79-23
ORDINANCE #70 - BINGO AND GAMBLING DEVICES
Because of the complexity of the questions and provi-
sions of the ordinance, the matter was set on the beginning
of the February 20, 1979 Council agenda for review.
ORDINANCE #36 - BUILDING CODE AMENDMENTS
City Attorney Hauge submitted a proposed Amended Ordinance
#36 to comply with the new 1977 State Building Code and other
building regulations. The updated version of the Building
Code Ordinance was recommended for approval. Upon recommendation
of the Building Inspector, Wachter moved and Smith seconded
the motion, all members voted in favor except Murphy who
voted "no" because of his objection to the complexity of the
regulations, to approve the proposed Amended Ordinance.
POLICE ASSOCIATION CONTRACT
City Administrator Hedges submitted a proposed contract
with the Police Association members for 1979 and 1980 according
to the offer made by the City Council referred to as Counter-
Proposal #5. Egan moved and Wachter seconded the motion,
all members voted in favor, to approve the contract for the
two year period.
D 79-24
February 6, 1979
Page Eleven
City Council Minutes 0 032
BERRY RIDGE ADDITION
A letter from Mr. Paul Grosz of Grosz and Lehman
Builders requesting an extension of time to file the final
plat of Berry Ridge townhouse project on Pilot Knob Road
was reviewed. Parranto moved and Smith seconded the motion,
all members voted in favor, to extend the time period for
an additional six months to July, 1979.
PROJECT #219 - DUCKWOOD DRIVE STREET IMPROVEMENTS
Change Order #1 to Improvement Project #219 consisting
of Duckwood Drive street improvements with Husting and
Engstrom from August 1, 1978 to July 1, 1979 was next con-
sidered. It was noted that inclement weather caused the
delay in completion. Wachter moved and Parranto seconded
the motion, all members voted yes, to approve the change
order.
DUCKWOOD AND DENMARK AVENUE STREET IMPROVEMENTS
It was noted that automobile traffic is using Duckwood
and Denmark Avenues east of Pilot Knob Road for access to
Duckwood Estates and St. Francis Wood Addition. The streets
have not been brought up to City standards and the west
entry onto Duckwood Drive was intended only for emergency
vehicles and the extension of sanitary sewer easement. There
was concern by Councilmembers whether there was exposure to
the City in the event of damage or injury caused by any
vehicles entering onto the unimproved streets and the staff
was required to review the issue and to prepare a report for
the next Council meeting.
PATRICK EAGAN PARK - KEHNE HOUSE
A lease agreement with Patrick Charbonneau of the Kehne
house at 1200 Deerwood Drive in Patrick Eagan Park was sub-
mitted by Mr. Hedges. The rental would be for $325 per month
with tenant paying for all utilities. Mr. Hedges stated
that a review is being made concerning the possibility of
upgrading the home for energy conservation purposes. Wachter
moved and Parranto seconded the motion, all members voted in
favor, to approve the lease and order its execution.
MINNESOTA CITIES WEEK
A proposed resolution from Governor Albert Quie desig-
nating the week of February 26 to March 2 as Minnesota Cities
Week was submitted. Wachter moved and Egan seconded the
motion to designate Minnesota Cities Week as proposed in
Resolution 1979-7. All members voted in favor.
R 79-7
February 6, 1979
Page Twelve 0 033
City Council Minutes
ELECTRICAL INSPECTION FEES
The Eagan Electrical Inspector, Mr. Akins, requested
that the minimum cost for residential inspection be increased
from $5 to $8 for each inspection. No other changes would
take place in the fee schedule. Egan moved and Smith
seconded the motion to approve the increase. All members
voted in favor except Wachter who voted no.
POLICE PATROLMEN HIRING
Councilmember Parranto reviewed with the Council the
Finance Committee's findings regarding available funds for
the hiring of two additional fulltime police officers, Kevin
Putt and Greg Johnson, to fulltime status effective February
1, 1979 and April 1, 1979 respectively. He stated that there
did not appear to be sufficient funds for two additional
fulltime patrolmen and recommended no further action on the
hiring until the 1978 financial report is completed in about
45 days. There was discussion concerning the possible loca-
tion of funds for the hiring and it was noted that the budget
did not provide for two additional fulltime persons.
Parranto moved to delay any further action on the hiring of
the second fulltime policeman with the understanding that
Kevin Putt is now on a fulltime basis with the delay to
provide the staff time to review the 1978 financial report;
further, that the second policeman not be hired until at
least April 1, 1979, and that the staff submit a report
by March 20. Smith seconded the motion. All members voted
in favor.
TEMPORARY CITY ACCOUNTANT
Mr. Hedges recommended that a member of the firm of
Wilkerson, Guthman and Johnson be hired at $1,500 per month
for preparation of the 1978 financial statement for the City
in light of the fact that the City Accountant is terminating
employment as of the middle of February. Smith moved and
Wachter seconded the motion, all members voted in favor, to
approve the hiring as recommended by Mr. Hedges.
CLEARVIEW SECOND ADDITION DEVELOPMENT AGREEMENT
The City Attorney submitted and recommended approval of
the Development Agreement for Clearview Second Addition and
indicated that the Letter of Credit appeared to be in order.
Egan moved and Parranto seconded the motion, all members
voted yes to approve the agreement, except Wachter who
abstained.
D 79-25
February 6, 1979
Page Thirteen
City Council Minutes 0 034
PROJECT #246 - PRELIMINARY REPORT V
The City Attorney submitted a resolution to the Council
and upon motion by Egan and seconded by Wachter, all members
voting yes, it was RESOLVED that the minutes of the August
1, 1978, City Council meeting be amended to provide that the
City Council accepted the preliminary report dated July 20,
1978, for the trunk storm sewer outlet at Carlson Lake
covering Improvement Project #246. All members voted yes.
ORDINANCE #45
The City Attorney noted that Ordinance #45 required
amending to provide for the election of City officers in the
odd numbered year-and recommended approval of Amended
Ordinance #45. Wachter moved and Parranto seconded the
motion, all members voted in favor, to approve the amended
ordinance and to authorize its publication.
IMPROVEMENT PROJECT RESOLUTION
A letter from Keith Gordon, Consulting Engineer,
recommending combination of certain improvement projects
for bidding purposes according to a letter dated January 23,
1979, a copy of which is attached to Resolution 79-7.
Parranto moved and Egan seconded the motion, all members voted
in favor, to approve the combination of the projects for
bidding purposes. R 79-7
I-35E SPECIAL COUNSEL FEES
A letter from Mr. Mac Hyde, special counsel for the City
of Eagan on the I-35E bridge crossing permit hearing was
submitted for approval. There was discussion concerning the
role of Mr. Hyde regarding the appeal being brought by the
Urban Council on Mobility and Councilmembers requested that
a determination be made as to Mn/DOT's role regarding the I--35E
appeal. Parranto moved and Smith seconded the motion, all
members voted in favor, to approve the statement submitted
by Mr. Hyde.
HEINE POND - STORM SEWER PROJECT
Mr. Colbert reported that a meeting had been held with
the Heine Pond Committee regarding proposed diversion of storm
sewer around Heine Pond and the residents in the area had
indicated approval of an alternate diverting the water northerly
to the Wenzel Pond using the Heine Pond as backup. The
additional cost would be about $30,000 to $35,000 and a
report will be submitted at the next regular Council meeting.
February 6, 1979 0 035
Page Fourteen
City Council Minutes
VOUCHERS
Upon motion by Wachter and seconded by Egan, with all
members voting in favor, the following vouchers were approved:
7627-7712; 11439-11559.
ADJOURNMENT
Upon motion by Egan and seconded by Wachter, all
members voted in favor, it was RESOLVED that the meeting
be adjourned at 1:25 a.m.
PHH
Dated: February 6, 1979
City' Clerk