04/21/1981 - City Council Regular
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MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
APRIL 21, 1981
A regular meeting of the Eagan City Council was held on Tuesday, April
21, 1981, at 6:30 p.m. at the Eagan City Hall. Present were Mayor Blomquist
and Councilmembers Parranto, Smith, Wachter and Egan. Also present were
Assistant City Engineer Gordon, City Attorney Hauge, City Administrator
Hedges, and City Public Works Director Colbert.
AGENDA
Parranto moved, Wachter seconded the motion to approve the agenda as
presented.
MINUTES
The minutes of the April 7, 1981 regular meeting were approved upon
motion by Egan, seconded Smith, all voting in favor, with the exception that
on page 7 that Richard Victor outlined some of the remaining issues regarding
Metcalf Drive extension in the Cinnamon Ridge Addition.
PARK DEPARTMENT
Ken Vraa was present. Mr. Vraa recommended that playground equipment
that had been offered by the Meadowlark Ridge apartment complex on Meadowlark
Lane to the City be installed in Oak Chase Park and requested that up to $900
be authorized from park site funds for installation costs. Councilmembers
questioned whether the Meadowlark Ridge apartment playground equipment was
part of the original plan for the tot lot and there were concerns that condo-
minium and townhouse homeowner associations not give up responsibility for
maintaining tot lots. Wachter moved, Egan seconded a motion to accept the
equipment and the recommendation of the Park Director that funds be spent for
the installation of the equipment in Oak Chase Park. All voted yes.
WENDELL WIDSTROMN TRUCK STORAGE
A request from Mr. and Mrs. Wendell Widstrom for an extension of time
from June 1, 1981, until June 1, 1982 to allow the keeping of trucks on their
property on 3560 Trails End Road. Mr. and Mrs. Widstrom were present and
cited economic conditions as the reason for the extension period. They indi-
cated there were no loaded fuel tankers parked on the property any longer.
After discussion, Wachter moved, Egan seconded a motion to grant a one year
extension with the understanding that there would be no loaded fuel trucks
parked on the property. Those in favor were Wachter and Egan. Those against
were Smith, Parranto and Blomquist. Smith then moved to continue the item
until the May 5 agenda in order to allow the staff to notify the surrounding
residential owners concerning the proposed extension request. Parranto sec-
onded the motion, all voted in favor.
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CONSENT AGENDA
The following consent agenda items were submitted and recommended for
approval by the staff.
1. Improvement #79-3, Change Order No. 2. Change Order No. 2 to Improve-
ment Project #79-3 consisting of Ches Mar East 1st Addition utilities in four
parts in the amount of $14,177.50 was recommended for approval.
2. Improvement #79-20, Duckwood Drive. The final payment request for
Duckwood Drive and Denmark Avenue street improvements under Improvement #79-20
to McNamara Vivant, Inc., in the amount of $18,652.41 was recommended for ap-
proval and that the City accept the streets for perpetual maintenance.
3. Improvement #80-17, Quarry Lane and 1st Minnehaha Addition Streets.
The final payment request and approval of the streets consisting of Quarry
Lane and First Minnehaha Addition streets under Improvement #80-17 payable to
McNamara Vivant Inc. in the amount of $5,464.67 was recommended by the staff
for approval by the Counci.
4. Road Grader. Approved in the 1980 budget was replacement of the
existing 1965 Wabco 440H road grader and specifications had been prepared and
readied for advertisement for a new road grader. It was recommended that the
specs be approved and that the Clerk be authorized to advertise for bids to be
opened at 3:00 P.M. on May 14, 1981 at the City Hall.
5. Erik's Boulevard and Richard Lane Street Vacation. A petition has
been received from Mr. Richard Strom to vacate that portion of Richard Lane
from Delores Lane to Cliff Road and Erik's Boulevard from Cliff Road to 700
feet south. It was recommended that the petition be received and that the
City Council schedule a public hearing for the street vacation for Richard
Lane and Erik's Boulevard to be held on May 19, 1981 at 7:00 p.m. at the City
Hall.
6. Improvement Project #335, Twin View Manor 2nd Addition. A petition
was received from Mr. Richard Strom requesting a feasibility report for
streets and utilities in proposed Twin View Manor 2nd Addition. It was recom-
mended that the petition be received and that the Council order a feasibility
report for Project #335 be prepared by the City Engineer.
7. Eugenie Johnson Resignation. It was recommended that the resignation
of Eugenie Johnson as receptionist/clerk effective June 26, 1981 be accepted
and that the City Clerk be authorized to seek a replacement.
8. Police auction. The Police Department recommended that the date set
for the police auction for 1981 be scheduled on May 30 at 10:00 a.m. at the
Eagan Police Department covering the sale of miscellaneous bicyles and other
personal property.
Egan, moved, Wachter seconded the motion to approve the foregoing recom-
mendations on the consent agenda. All voted yes.
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IMPROVEMENT PROJECT #334 PILOT KNOB ROAD UTILITY SERVICES BEARING
The Mayor convened the public hearing regarding utility service instal-
lation on Pilot Knob Road under Improvement Project #334 to be installed in
conjunction with the street improvements for Pilot Knob Road during the 1981
construction season. Keith Gordon, City Engineer, reviewed the project and a
number of affected property owners were present. There were no objections to
the project. It was noted that the intent was to install the services prior
to paving Pilot Knob Road so it will not be necessary to auger or disturb the
paving in the future. It was recommended by the City staff that the County
contractor not be employed because of high cost estimates and that the City
proceed to acquire bids if the project is ordered in. Smith moved, Wachter
seconded the motion to close the hearing, to order in the project, and to
authorize the City Engineer to prepare plans and specifications. John Odink
was present and questioned whether the right-of-way that was required of him
on Pilot Knob Road was now necessary or could be returned to him. All voted
in favor of the motion.
Smith then moved, Egan seconded the motion to direct the staff together
with Dakota County to determine whether the additional right-of-way acquired
from Mr. Odink is a necessary part of the road improvements and also to review
all of the right-of-way along the north mile of Pilot Knob Road. All voted
yes.
METROPOLITAN AIRPORT SOUND ABATEMENT COUNCIL
A letter from Thomas Baker, the Eagan representative on MASAC concerning
noise impact under the preferential runway system was next discussed. The
report of Mr. Baker was very comprehensive and outlined the problems regarding
the preferential runway system and its impact on the residents of Eagan. The
Mayor requested the City Administrator to send a letter of concern to MASAC
possibly in conjunction with similar concerns from the City of Mendota Heights
and further that the Administrator be directed to make a presentation before
MASAC expressing the strong concerns of the Council regarding the heavy noise
impact.
SAFARI MALL SHOPPING CENTER INDUSTRIAL REVENUE NOTE
Mr. Stan Johanes of Rothschild Financial Corporation and Mr. Ray O'Neil,
developer, appeared regarding the request of the developers of Safari Mall
Shopping Center for $3,801,000 in industrial revenue financing. The project
would include an 83,000 square foot shopping center to include a Red Owl
store, a Snyder's Drug and Coast to Coast store together with other stores.
City Administrator Hedges indicated that there had been no response from
Miller and Schroeder concerning their review of the proposal and very little
information had been presented to the Council by the applicant regarding the
proposed financing. Mr. Johanes indicated the proposal is for intermediate
financing anticipating long term financing within the next two years. There
were questions concerning the mechanics in the transition to permanent fin-
ancing after intermediate financing has come to an end and whether, if perma-
nent financing is not available after the interim financing period, what the
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shopping center owners alternate would be. There were several area residents
present who objected to the IR Financing and to the shopping center location.
Councilmember Egan questioned whether the center would create an adverse
impact on the community which is one of the criteria for the issuance of
industrial revenue financing bonds, and also, the credit worthiness of the
applicant. Because of several unanswered questions, Smith moved, Wachter
seconded the motion to continue consideration of the application to May 5,
1981 and request a complete report from Miller and Schroeder together with a
review of interim financing for Council review. All voted yes.
OVERVIEW ESTATES REPLAT REZONING
Barton and Mark Dunn appeared on behalf of their application to rezone
approximately 14 lots in Blocks 1 and 2, Overview Estates Replat from R-1 to
R-2. The Planning Commission recommended denial. A neighborhood meeting had
been held on April 15 at which time the proposal had been discussed in detail
at the City Hall. Barton Dunn explained the background and indicated the
hardship that had been caused because of high assessment costs and the dif-
ficulty of selling the lots with the existing assessments.
A number of neighboring residents appeared and objected to rezoning
claiming that there is an adequate amount of high density in the area, they
had been lead to believe that single family only would be developed within the
plat and they claimed that the view would be a detraction to the single family
homes in the area. It was also noted that R-2 generally has only been used as
a buffer when adjacent to R-1 and that some homes have already been built in
the single family zoned area. There were also concerns about the possibility
of lower quality homes possibly being built on the lots as expressed by
certain neighboring residents. Councilmember Parranto stated he would not
oppose resubdivision with about two additional single family lots. Parranto
moved, Egan seconded the motion to deny the application on the basis that the
original plans provided for single family, that area residents had relied upon
the single family development, there is no other comparable example in the
,City where the Council has allowed a revision from R-1 to R-2 within an R-1
area and further the decision of the Council cannot be based upon economic
feasibility solely. All voted in favor.
TOMARK ADDITION PRELIMINARY PLAT
The next application considered by the City Council concerned the appli-
cation of Tomark Development Company for preliminary plat approval of Tomark
Addition consisting of 37 acres with 432 dwelling units at the southeast
corner of Yankee Doodle Road and Lexington Avenue. James Hill, planner,
appeared for the applicant. The APC recommended approval subject to certain
conditions. Mr. Hill stated a homeowners association will be formed to main-
tain the common areas and efforts will be made to preserve as many trees as
possible on the parcel. There were no objections by the developer to the
conditions recommended by the Planning Commission. After discussion, Egan
moved, Wachter seconded the motion to approve the application subject to the
following conditions:
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1. That the plat shall be subject to Dakota County Plat Commission's
review and comments because the plat abuts county roadways.
2. The homeowner's association by-laws shall be reviewed by the City
prior to final plat approval.
3. A detailed landscape plan shall be provided for Lot 1, Block 1, and
Lot 1, Block 2, Tomark Addition, and an adequate landscape bond shall be
provided and not released until one year after the landscaping has been com-
pleted.
4. 180 parking spaces shall be provided for each condominium building
and at least 72 of the spaces shall be underground parking. The parking area
shall have an asphalt surface and concrete curbing shall be provided around
the perimeter of the parking area. Each parking stall shall contain 10' wide
parking spaces.
5. The plat shall be subject to the Park Committee's recommendation for
park dedication on this proposed development and APC recommended that the Park
review and recommend tot lots.
6. All easements shall be obtained by the City which are required for
the development.
7. Sufficient additional right-of-way shall be dedicated to provide for
a 55' half right-of-way adjacent to Lexington Avenue (County Road #28) and
Yankee Doodle Road (County Road #28).
8. That drainage and ponding easements shall be dedicated in the north-
west corner of the plat (DP-10) to incorporate the 860.0 elevation. In addi-
tion, the drainage and ponding easement shall be dedicated in the southeast
corner of the plat (DP-9) to incorporate the 864.0 elevation.
9. That Outlot A shall be dedicated as public right-of-way with the
platting of Blocks 1 and 2.
10. That the internal street shall be constructed to the south line of
Block 1 as a part of the first phase development.
11. That necessary permits shall be obtained from the County pertaining
to any grading within County right-of-way.
12. That the revised grading plan shall be submitted and approved per-
taining to the proposed slopes along the east property line of this plat
together with the required landscaping plan.
13. That all outstanding area and lateral benefit special assessments
shall be paid or assessed prior to approval of the final plat if not covered
under an existing City project as a pending assessment.
14. If necessary to preserve existing trees, that variances be granted
to move the building on Lot 1, Block 1, to the east.
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All voted yes.
Smith moved, Parranto seconded the motion to accept the request of the
developer for the preparation of the feasibility report for street and utility
improvements in the First Addition subject to submission of an application by
the developer. All vote yes. R 81-22
CARL TOLLEFSON WAIVER OF PLAT
Carl Tollefson appeared on behalf of his application for waiver of plat
in order to subdivide six duplex lots for single ownership located in various
lots and blocks in Ches Mar and Cedar Grove Additions. The Planning Commis-
sion recommended approval on March 24, 1981, subject to certain conditions.
Mr. Tollefson indicated that Dave Gabbert and he are going to form a joint
homeowner's association for existing double bungalows in the Ches Mar area.
Egan moved, Parranto seconded the motion to approve the application subject to
the formation of a homeowner's association with the by-laws and articles to be
reviewed by the City staff and further subject to the following conditions:
1. All property shall retain the existing drainage and utility ease-
ments.
2. Each of the newly created lots must meet all applicable ordinance
requirements.
3. That the homeowner's association by-laws shall be subject to staff
review and approval.
All voted yes. R 81-23
BRIARHILL TOWNHOUSE TEMPORARY ADVERTISING SIGN
The application of Carl Tollefson for temporary advertising sign to
advertise Briarhill Townhouses located on Silver Bell Road was next con-
sidered. The sign would be at the southwest quadrant of the new Trunk Highway
#13 and Silver Bell Road. Smith moved, Parranto seconded the motion, all
voted in favor, to approve the application subject to compliance with the
applicable ordinance.
WILLIAM MEADE WAIVER OF PLAT
The application of William Meade for waiver of plat to subdivide a five
acre parcel was next considered. Because of lack of appearance by the appli-
cant, Parranto moved, Wachter seconded the motion to continue the application
until the next regular meeting. All voted yes.
SALLY BEAUCHENIN REZONING
The application of Sally Beauchemin for rezoning from R-1 to Agricul-
tural of a parcel in the Wilderness Retreat area on Cliff Road was next
considered. Ms. Beauehemin was present and indicated she preferred to rezone
to Agricultural rather than to acquire a special use permit as recommended by
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the Advisory Planning Commission. She indicated she had contacted all neigh-
boring property owners and there were no objections to the use of horses on
her property and to the rezoning. She had concerns about whether a special
use permit could be revoked in the future. There was also discussion concern-
ing the possibility of future special assessments in the area because trunk
lines are already located quite close. Mr. Beauchemin stated that she under-
stood that assessments will be levied in the area in the near future. Egan
moved, Parranto seconded the motion to grant a special use permit to the
applicant with the understanding that the Council retains the right to review
the permit if there are alleged violations without any specific time limit on
the special use permit and that upon determination that a nuisance does exist
the Council could automatically revoke the permit; further, that there be no
more than three horses and one goat allowed on the property at any given time;
further, that if there are any anoyances of smell from the deposit of the
animals the applicant shall remove the refuse from the property. All voted in
favor.
COCA COLA VARIANCE FOR HEIGHT AND PARKING
The application of Coca Cola Midwest for variance from height limitation
and for variance from parking requirements at its site in Eagandale Industrial
Park was next presented. Wachter moved, Parranto seconded the motion to
continue the application for lack of appearance. All voted yes.
MAUREEN SINGLETON NON-INTOXICATING LIQUOR LICENSE
An application from Maureen Singleton for temporary 3.2 beer license for
May 2, 1981 garage sale at 2050 Bluestone was next considered. Because the
application was for profit purposes, the City Attorney recommended against the
issuance of the license and the applicant withdrew her application. No action
was taken.
JOYCE ADDITION PRELIMINARY PLAT
The application for preliminary plat approval of Joyce Addition was next
considered. The Reverend and Mrs. Meissner, the applicants, were present at
the meeting. It was noted that the City Council had authorized the instal-
lation of utilities but had not approved the preliminary plat. The APC recom-
mended approval on July 8, 1980 subject to certain conditions. Wachter
moved, Parranto seconded the motion to approve the preliminary plat subject to
the following conditions:
1. The existing house on Lot 4 will become a nonconforming use and
should be required to conform to the proposed zoning within five (5) years of
approval of the preliminary plat.
2. Variance shall be granted for the length of the cul-de-sac street.
3. Lots 4 and 5 abut State Highway right-of-way and shall be subject to
Minnesota Department of Transportation recommendations and comments.
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4. Grading, drainage and erosion control plans shall be approved by City
staff prior to the approval of the final plat.
5. All easements shall be dedicated as requested by the City staff.
6. Fifteen (15) foot street right-of-way shall be dedicated along the
northerly portion of Lot 1.
7. That the final plat shall not be approved until storm sewer outlot
for T.H. #55 has been installed and the outlet for the Bur Oak Pond has been
ordered for improvements.
8. Lots 6 through 14 shall have garage floor elevations a minimum of 12
inches above street grade.
9. That there be provision for berming and screening as soon as possible
betwee the General Business district and the residential lots according to a
plan to be submitted by the developer and approved by the staff.
D 81-23
All voted yes.
GRESSER, INC. I.R. FINANCING
An application of Michael Gresser for industrial revenue financing in the
amount of $1,620,000 covering the purchase and remodeling of an existing
building on a 3-1/2 acre site in the Royce Addition at the west termination of
Yankee Doodle Road was next considered. Mr. Gresser was present and requested
a public hearing on the industrial revenue note for May 19, 1981. Egan moved,
Wachter seconded the motion to schedule a public hearing for 7:00 p.m. on May
19, 1981, at the regular meeting of the Eagan City Council. All voted yes.
DONALD GRANT APPEARANCE
Mr. Don Grant appeared and briefly addressed a parking ticket issue to
the City Council regarding parking in the Highview Park. He appeared at the
February 3, 1981 meeting and presented written information on that date.
Concerns were about the conduct of police, signing of parks, etc. No action
was taken.
LBMB%E ADDITION EXTENSION OF TRUCK TERMINAL
The request from Warner Lembke of Lembke Trucking Company for a one-year
extension to proceed with the platting of their truck terminal located at 545
Wescott Road was reviewed by the Council. Egan moved, Wachter seconded the
motion to continue the request until the next regular meeting due to lack of
appearance by the applicant. All voted yes.
SPECIAL ASSESS[1ENT CONKI TEE
The Special Assessment Committee, at its meeting on March 31, 1981, and
took the following action:
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1. Eugene Haeg Project #241, Dodd Road. The Special Assessment
Committee recommended no change be granted in the assessments.
2. Fred Pietsch Project #241, Dodd Road. The Assessment Committee
recommended that, because of financial hardship, that the assessments be
postponed for one year with reconsideration being given to future postpone-
ments at that time based upon additional information on the hardship.
3. David Matasovsky, Project #299 and #304 Northview School Area. It
was recommended by the Assessment Committee that the staff proposal be ap-
proved with the understanding that it is not intended to be a precedent and
that assessments be cancelled until such time as connection to the Eagan
sanitary sewer and water lines take place which assessments would be levied at
the rates then in effect.
4. Ernest Schindeldecker, Project #254R and #316 Safari Estates and
Galaxie Avenue. The Committee recommended approval of the deferment of the
existing and pending assessments under Ordinance No. 66 regarding sewer and
water trunk area assessments for Safari Estates and pending assessments for
lateral benefit from sewer and water under Project #316 covering Galaxie
Avenue.
5. L. J. Parker Project #201, Cliff Road. It was recommended that no
adjustment be made to the trunk sanitary sewer area assessment levied to the
L. J. Parker property on Cliff Road.
6. Mary Kennealy, Project #285, Wuthering Heights utilities. The
Assessment Committee recommended the assessments against the Mary Kennealy
property for utility improvements to parcel 02078 be defered in accordance
with hardship provisions under Ordinance No. 66.
7. Don Warkentien, Project #304, Schmidt Addition. The committee
recommended that the north 150 feet and the west 160 feet be eliminated from
trunk area consideration and lateral benefit for trunk assessment rates with
the understanding that the southerly 215 feet of lateral benefits and trunk
water main be assessed in addition to installed water service in the assess-
able area used to calculate the trunk area water assessments would be defined
as the easterly 500 feet of the southerly 215 feet of parcel 03176 covering
approximately 2.7 acres for assessment purposes.
8. Trudi Johnson, Project #241, Dodd Road. No recommendation was made by
the Assessment Committee with the request that the staff further explore the
possibility of adjusting assessments based upon grant of storm sewer ponding
easements.
9. David Gabbert, Project #261 and #301, Ches Mar East 1st, 2nd and 3rd
Additions. It was recommended that Mr. Gabbert's request for a 15 year time
period for assessments rather than five year time period for Ches Mar East
1st, 2nd and 3rd Additions be denied.
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INDUSTRIAL REVENUE BOND PLACEMENT
City Administrator Hedges stated that a question had been raised by
rapplicants, fiscal consultants and the City Council concerning the necessity
of creating guidelines to handle self-amortizing for the term of industrial
revenue bond placements. The recommendation was submitted by the City Admin-
istrator and City Attorney dated March 25, 1981, as a result of meeting with
representatives of Miller and Schroeder. There were concerns about short term
financing with future uncertainty as to long term financing. Councilmembers
suggested an independant financial analyst review each IR request with the
cost to be paid by the applicant. It was suggested a guarantee of permanent
financing by the applicant be submitted with a minimum baloon of 15 years
unless extenuating circumstances become apparent to the Council. Egan moved,
Wachter seconded the motion to continue consideration of the issue pending the
formation of a more formal policy. All voted yes.
1981 FEE SCHEDULE REVIEW
Wachter moved, Egan seconded the motion to continue the consideration of
the 1981 water and sewer utility user rate fees until the next meeting. All
rvoted yes.
EAGAN WEED ORDINANCE NO. 75
Mr. Hedges reviewed some suggested revisions to a proposed weed ordinance
that was submitted to the Council last fall. He indicated that a number of
complaints are now starting to come into the City Hall regarding weeds and
recommended approval of a weed ordinance. After considerable discussion,
Smith moved, Egan seconded the motion to adopt Weed Ordinance No. 75 as
amended. Those in favor were Wachter, Egan, Blomquist and Smith. Against
Parranto.
SENIOR CITIZEN HOUSING
The Reverend James Borgschatz of Easter Lutheran Church had discussed
with the City Administrator the possibility of the City Council considering
housing needs for senior citizens in the community. The method of providing
low cost housing for senior citizens as well as luxury apartments and condo-
miniums for the same age groups and criteria for locations are other issues.
The Council indicated interest in the issue and that it would review the
question at a later time.
IMPROVEMENT #81-2 - TWIN VIEW MANOR ET AL STREETS
The plans and specifications for Improvement #81-2 were submitted by the
City Engineer and upon motion by Wachter, seconded Egan, all voting yes, it
was Resolved that the plans and specifications be approved and that the Clerk
be authorized to advertise for bids to be opened at 11:00 a.m. on May 14,
1981 at the City Hall.
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IMPROVEMENT #80-21 BLACIBAWI LA1~E OUTLET
The bids for Improvement #80-21 consisting of the Blackhawk Lake storm
sewer outlet were received on April 16, 1981 at 3:00 p.m. covering Improvement
Project #297. A list of bids were reviewed and it was noted that the low bid
was considerably below the engineer's estimate. It was recommended that the
low bidder be awarded the contract. Upon motion by Parranto, seconded Smith,
it was Resolved that Lametti & Sons be awarded the contract for Improvement
#80-21 in the total sum of $613,000. All voted yea.
POLICE DEPARTMENT
Chief DesLauriers was present. Chief DesLauriers requested an additional
of $24,850 in the Police Department 1981 operating budget for two additional
patrol officers, the promotion of the present two sergeants to the position of
lieutenant, and to test and promote two patrol persons to the position of
sergeant. He indicated because of substantially increased work load and
increased manhours that it would be advisable to revise the budget for the
Police Department. The Councilmembers indicated that the need for increased
manpower should be spelled out in detail and the problems now of tight budget
requirements at the state and municipal level would dictate that the City was
not in a position to increase the budget at the present time. It was recom-
mended that the Police Chief submit the information and supporting documents
at the time of the preparation of the 1982 budget.
OLD HIGHWAY #13 SPEED LIMIT
It was recommended by the staff that the speed limit on Old Highway #13
and Silver Bell Road running westerly of Cedar Avenue be reduced to 40 m.p.h.
Wachter moved, Smith seconded the motion to authorize the staff to request a
speed study and return the results to the City Council.
HAROLD TROUT EVICTION ACTION
City Attorney Hauge requested authority from the Council to commence an
unlawful detainer action if necessary against Mr. and Mrs. Harold Trout who
live in the Patrick Eagan Park house owned by the City and who have been
seriously delinquent in rental payments. Smith moved, Parranto seconded the
motion to authorize commencement and necessary eviction proceedings including
unlawful detainer action if necessary. All voted yes.
VOUCHERS
Egan moved, Wachter seconded the motion to approve the following
vouchers: 111001-111977. All voted in favor.
ADJOURNMENT
Upon motion duly made and seconded the meeting adjourned at 11:30 P.M.
PHH Cit Clerk
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