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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