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HomeMy WebLinkAbout1979/12/17 - ADMIN - Minutes - City Council - Regular1. Call,to Order 2. Presentations . 3. Roll Call MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA December 17, 1979 A regular meetinR of the City Council was called to order by Mayor Phyllis McQuaid at 7:30 p.m. The following Councilmen were present at call: Ronald Backes Lyle Nanks Jerxold Martin Councilman Elstrom arrived at 7:33 p.m. Also present were the City Manager, and Public Works Director. 4. Approval. of Minutes The motion passed 5. Appraval of Agenda The motion passed Keith Meland John Ralles Phyllis McQuaid Attorney, Planning Director It was moved by Councilman Meland, seconded by Councilman Ralles, to approve the minutes of tlie regular City Council meeting held December 3, 1979, as presented. It was moved by Councilman Ralles, seconded by Councilman Melanci, to approve the consent agenda for December 17, 1979, as presented. It was moved by Councilman Backes, approve the agenda for December 17, Item i.:l.:l, Amhurst. The motion passed 6a. Mort��e Revenue Bonds Councilman Ralles, The mnzion passed seconded by Councilman Meland,.to 1979, with the addition of PUBLIC HEARINGS InCernational Multi-Housing mortgagiOrlSe&ull-19). b�nd requesC (continued from 9-17, Councilman Meland, seconded by T.t was moved bY 7, 1980• to continue the 1learing to January �:...�__ - � City Cuuncil minutes, December 17, 1979 6h. 6211 Cedar Lak� Road.; Resol�itian I10 . 6442 Application of Roxy Land Survey at 6211 described in Notice December 5, 1979. 5, Peck for Registered Cedar Lake Road, as of Hearing published D avid Kelly, representing the applicant, was present to respond to questions. There deing r�o one further wishing to speak, the Mayor declared the hear�ng closen. It was �roveci by Councilr►an Ma�roin64�2 �°entatled reading and adopt Resolution appro•�a1 for Registered Land Survey." T'ne mc��ion passed 7-0. 6c. Moze Variance; 4114 Colorado Avenue Councilman Meland, to waive "P.esolution giving Application of William Mozey, Jr., �or variance at 4114 Colorado Avenue to construct garage/ bedrooms at north of structure (continued from November 19, 1979). Mary Trzelinski, property owner �o the north of the subject pro�erty, was present to respond to questions. Counciiman Hanks stated the applicant was not pXesent, but understanding the applicant hopes to construct an addition manner that a variance will not be required. it was his in such a It was`.�rov�e3 by Coun�ilman Hanks, seconded by Councilman Martin, to continue the �ublic hearing tq January 7, 1980. _ ,; . The motion passed�7-0. 6d. Park Assembly of God; Street Vacation Petition of Park Assemb2y of God church to vacate unimproved public right of way (West 16 Street) adjacent to Texas Avenue, as described in Notice of Hearing published December S, 1979• Curtis �iolmquist, 1807 Texas Avenue, expressed feelings which he believed were re�resentative of the area residents: 1.) The City should not vacate West i� Street, but rather grant a permit for its use as a ptivat�e road; 2) the proposal for the south parking lot is acceptable with the stipu- lation that a proper drainage system be installed plus a betm to �e main- tained by the chi�rch; 3) the request for an exchange of l,and �o the vest of the pond should not be granted. The Planning Director clarified the land in question consisted of 10,0(�0 square feet of City property at the northwest eorner of the pond in return fvr church property at Che north of the pond. Responding to CounGilman Martin, he said 35 to 40 feet of land w�uld rema3n for pedestrian use at the north of the pond. Ne Gontinued that the applicAnt agrees to stabilize the shore line with riprap at the northwest location. , -400- Council minutes, December Florence Winston, to possible water mobile accidents, 1457 Texas Avenue, objected to the land exchange due damage at her property, increased traffic and auto- noise and pollution. The Planning Director stated the applicant proposes to connect a private road from the north parking lot to the south parking lot. He said the main concern of the applicant is to provide a means of traveling from one lot to the other without the necessity of utilizing Texas Avenue. David Squire, McCombs-Knutson Associates, representing the applicant, explained the connecting drive would be more of a service road (20 feet in width) primarily geared to provide access behind the proposed educational wing. He added that parking could occur to the nqrth of th church in the future. Councilman Martiz asked if He did not believe it was Mayor McQuaid a.sked communication with the road would cause additional poqd ezpsion. totally necessary. the neighborhood representatives if they had any the appl�cant prior to the Council meeting. David Squire explained that on November 15, 1979, a neighborhood meeting was held and approximately eight residents attended. He said notices were sent primarily to the residents to the south of the church; however, Mr. & Mrs. Winston were present. Edwin Hollen, representing the applicant, stated that to his knowledge, during the past 16 years there had been no accidents at West 16 Street/ Texas Avenue related to church services. He noted the chu�ch has agreed to place riprap at the shore line. As for Che service drive, he believed it was not opposed by City staf£, the Planning Cammission nor the Park and Recreation Advisory Commission. There being no one hearing closed. f urther wishing to speak, the Mayor declared the Councilman Elstrom.questioned the rationale for locating Che addition at the proposed location. She said the church appearPd to have much buildabl.e prnpPrty which would n�t necessitare a lr,nd exck�ange, etc. She believed if modified, the plan would not �equire City property. Mr. Squire axpi.ained the primary purpose of the plan is to attach the addition to �h2 existing building to fit best with ��itionitoathe north needs and dPs�.res. He also stated that the soil co and south of f_he existing building, while suitable for parking, is not of suitab le quai.ity to support the proposed building expansion. It was moved by C.ouncilman Hanks, seconded by Counciiman Elstrom, reject the petition Co vacate public right of way. The motion passed 7-0• It was moved hy Councilman Hanks, seconded by Councilm�n Martin, to au thorize �xec:tltion of an agreement hetween theWC�s�v�hnSCr}eet)hfor'� per- mitting usP 4�� public right of WaY (unimprove driveway purpcses. -401- -- _— The motion �zascP� 7 = � 7. Sa. Non�. Cc�uncil mit�u�e�, 1)ecembc�r 1.7, 1979 Ci ty �c�.rr�rzoNs ��?�ursz�s ��1� t�NTGAxxoN� R�SOLUT ION S AND ORD �NANCES OfficiaL NewapapeX, — , Des�.gnaGior� o� o�fic� newspaper �or 198C1• Resolution No. ��+43 t� ��s mov4d by C�ut1cilm�n Martin, C�uncilm<�n Rall�s, to waive xeading No. 6/�+43, en�iCled "Resolutio� desi�nating le�at Resolution for c1lendax year �.980,r� Councilman Meland suggE�1e� �t wo supporC the ppen meettn� 1aw when not make tlleir 'bo�rd meeringa and public acrutiny. The motion passed 7-0. gb. Cedar Lake__ Roa� Name Chan .e� It was waive 1980 . rh no � ing a�,pl�.ed to edi.tor�.al seconded by and adop� newspaper �l��t althouAh rhe newspapers the City, th�y in turn do pol�.cies available to T�'irsr reading oF ordin��ncE c1»n�in� nnme of roaclw�y� adjacent to Highway 100 (Cedar Lake Road}. moveci hy Councilman Elstroma, secanded by f irst reading of ord�.nance at�d set s�cor�d Councilman Rall,es, Co reading for January 7, Councilman Elstrom�expressed �or�cern that Penny's, loca�ed triangular lot appearing to have no �rOShe�continuedrthate requesting a C�dar Lake Road address. property owners have expressed concern and do not believe request appropziate. The City Manager explained the narrow �.ot line normally street address; therefore, Penny's address would be Old and, in that case, they oppose the name change. upan a RoAd, WaS o�her area Penny's determines the Cedar Lake Rvad , Mayor McQuaid agreed with Councilman Els�rom, but suspecCed the inconvenience wou].d be to the property owner. The City Manager s3id items of that nature are usually handlQd administrative level; however, the Council has the authority to act upon the matter. The motion passed 7-0. -4�2- , at nn f ormallY , ,� J, C f ty Counc il �;�, Citv ��.�11 Garag�; Resolut ioct No. 6444 minutee, 1)ecemb�� 17. 1979 Accept.3nc� of subgtantial liall garage. completion o� city f� By consent, the Council adopted Resolution No. � 5444, entitled Resolution accepting substantial completion� Cit . �aYaRe, Improvement No. 78 -20." y Nall �� � ;t � , gd, Securities; Resolution No. 6445 secucities fot collateral Minnesota." Resolution apptoving securities for collateral. By consent, the Council adopted Resolution No. 6445, entitled "Resolution approving f rom Shelard National Bank, St. Louis Park, 8e. 5uburban Rate Authority; Resolution designating director and alternate Resolution No.r6446_ to Suburban Rate Authority for 1980. It was moved by Councilman Ralles, �ecortded by Council.man Martin, tp waive reading and adopt Resolution No. 644b, entitled "Resolution designating Councilman Meland director and Counc3.lman Hanks alternate director to Suburban Rate Authority. The motion passed 7-0. 8f. Delmark Company; Resoltltion No. 6447 By consent, the Council "Resolution rela ting to ment act; calling for a 8g. Census; Resolution No. 6448 6448, entitled of Census, for 9a. Planning Commission Resolution setting industrial revenu� Company, Inc. public hearing on bond request of Delmark adopted Resolution Nq. 6447, entitled a project under the municipal induatrial develop- public hearing thereon for January 7, 196Q." Resolution Tequesting neighborhood. census et�tistics by � By cvnsenC, the Council 9dopted R�SbXuCion No. "Resolution requestin� the• 1)e{�artment borh A��nce, �ureau a compilation of censc�s data by neigh RFP�RTS OF OFFICERS,_ BOARDS AND C�MMITmECS The minutes of the Y] nnn it�� held December 5, 1979, were consent. _t�n't- , Comm�.��io� m�ot�ing ord�r�d filed by : , City Couacil minutes, December 17, 197� gb.. Park Assembly o� Gad Land Excha��e_ ---,---- Request of Park Ass�m��y of Gpd chuzch Cv exchange proper�Y f�r PQrtion of Lamp�ightex Park �ear West 16 S�reet/Texas AvQnue. It was moved by Councilman Hanks, seco�eled by Councilman Ralles, to waive first reading oF ordinance grant�ng park land to chuzch and set s�cor�d reading far January 7, 1980. The motian passed 7-0. The resolution authorizing ac:quisition to the January 7, 1980, meeting. of church property was de�erred Councilman Hanks sug�ested that prior to .lanuary 7, 1980, questiions of the C�uncil and neighborhood should be addressed (see Item 6d). 9c. Park.Assembly of God Fill Permit Speeial permit zequest of Park Assemb�y og God church to grade, fill and construct parking lot at 1615 Texas Avenue. It was moved by Councilmar� Hanks, seconde� by CounGilman Elstrorn, to defer the item to January 7, 1980. The motion passed 7-0. 9d. Traffic Study 217; Resolution No. 6449 Traffic Study No, 217: No parking, Minnetonka Boulevard be�we�n Lynn and Monterey Avenues. . It was moved by Couneilman Elstrom. seconded by Co�ncilman Hanks, to.�aive reading and adopt Resolution No. 6�+49, entitled "Resolution authorizing plac�ment o� no parking, sign� betWeen Lynn and Monterey Avenues on Minneto�ka BoulevaXd." The motion pas�ed 7-0. 9e. Traffic Studv 218; Resolution No. 6450 ; Traffic Study No. 218: Two-hour paxking at West 23 Street/Highway 100 west frontage road. It wa5 moved by Councilma�n Martin, BecAnded by Counci_lman Meland, to waive reading and adopt Resolution No. 6450, entitled "Reso,lutidn auth4rizi.ng placement of traffic con�rol signs on West 23 Street west of Highway 1C0." , The motion passed 7-0. 9f. Tra�fic Study 219; Re$olut�on No, 6451 Traffic Study No. 219: Parking study at West 38 Street/Natch�z Avenue. 7t was moved by �ouncilman Hanks, seconded by � Councilmar� EXstrom, to waive reading and adopt Resolution �Io. 6451, entitled "Resolution authorizing placement o� traf.fic control signs." , —404— _ _ . �,,..-�.�,_- . --- — . _...�_..�_�.__.___.__._—� 4h ��a City Council minutes, necember 17, 1979 Co�incilman Hanks agreed a parking problem exists in rhe area, but suggested there would be m�ny complaints if vehicles are illegally parked and police officers are unable to respond to telephone ca11s immediately. He said there have been attempts to utilize persons other than police officers to patrol the area. The City Manager reported that during the first ten months of 1979, citations for parking violations had increased considerably in the Excelsior Boulevard area, which was also a considerable i�creas� in the police workload. Mayor McQuaid suggested that designating the no-parking areas would be an effort on the part of the City to cooperate with the neighborhood. She believed, however, pxoblems exist for the residents other than traff ic-related. H.F. Anderson, 3744 Natchez Avenue, stated the situat�on w�s created via a�pprov.al of four on-sale liquor licenses in a four-block area with insufficient parking. Follow ing further discussion, Che motion passed 7�-0. 9g. Fire Lanes; Fire lane reports: 1) 6890 & 6900 Resolutions 6452 & 6453 Meadowbrook Boulevard; 2) Brittany Apartments. It was moved by Councilman Ralles, seconded by Councilman Martin, to waive reading and adopt Resolution No. 6452, entitled "Resolution authorizing placement of traffic control signs establishing fire lanes," and Resolution No. 6453, entitled ''Resolution authorizing placement of traffic control signs establishing fire lanes." The motion passed 7-0. 9h. Financial Report 10a. Appointm_en_ts The November, 1979, financ�a� report was ordered filed by consent. UNFIIVISHED BUSINGSS Appointments to adviamry boards and commissions. � Following discuss�on oE Permitting excep-tions olic requiring terminzkion of inembership on boards and to the Council's P y a mi.nimum of 60-p�rcent commissions.for thos� pezsons not meeting seconded by Counc�lman CounciJ.man Nan.ks, attendance, it was moved by xe3s than 60 percent annual attendance Backes, that a11 commisaiOoinrmentsnare Cermi}�ated. be informed that th�ir PP sc�conded by Councilman l��.stioma to It was moved by Councilman Hanks, ��5� �h�n GO amend the mo�ion �o state that commissioners having o.Licy; nce be no�i��e� �'y 1'e��e� �� ttendance��.ns�onformance percent attenda �zmit � let�ex of however, should their sched���s nQW �' Manager by if theY �n�orm �hC ��CY con�ider �heiz with said policy and Che Council wil� their interest in continued service, reappointment. ' �� � � City Coun'cil minutes, December 17, 19�9 Th� ,motion. t.o �mend passed 7-0. T;�e. ma�in motion passed 7-0. tne City Council designated the fo�lowing representatives and alternates respectively to serve on boards/commi�sions/committees for • P�rlc and Recreation, 1980: Planning Comraission, Elstrom/Ra11es, . Buildi:� Martzn/McQuaid• Board �� Zoning Appeals, Meland/ Mart�n, g ' • Community Relation�, Ralles/ � Construction Commission, Backes/Elstrom, Martin; Human R�.ghts, �:cQuaid/Hanks; Southwest Cable, HankS; Bassett Creek, City Er}gineer; Cammunity Ed PAC, Meland; Mir�nehaha Creek, Public Works Birect�r; West Hennepi.n Human Servi�es, Meland; AMNi, Backes ; Health Advisory Committee, Meland; Suburban Rate Authority, Meland/ Hanks. . . It was moved by Gouncilman Nanks to reappoint Jackie Ingersoll to a full term an the� Planc}ir_g..Cc�mmission, Mayor McQuaid sta�ed�rhat prj.or to Che election,, she had heard discussion of limiting terms of reappointment. Councilc�an Backes explained the item would be discussed at th� next Council stiidy session. Councilman Haril�s said "fie �u�ould be wiiling to withdraw the motion and that current memb�rs continue to serve until th� Council establishes a r►ew policy regarding ternis . " � Councilman Meland noteci C'�at in the p�st, the Council also discussed the fact that board and`commission members serving well are unpaid and donating their'timE to the City. Noting she had been interviewed in the past, it was moved by Counci]_man Meland to ap�oint Lynn Schwartz to an unexpired term ta the Lenox position on the Com,-nunity Relations Commission. The motian passed ,, i-0.. �, Bob Arnold, vice chairperson on the Human Righ�� Commission, announced that Chair�Pam Berkwitz had resigned from the Commission. He expressed concern that approxi�at�'Iy_ seye�._ va�an�i�s e�C�.st on the Commission, and a full complement is necessary to f inalize the human resources directory . Counci.lman Elstrorn state3 the Council would be hesitant to appoint new members prior to interviews. � , Mayor I�cOua�.d requested the City Manager to encourage terminated commissioners to reapply �and to also advise the public of commission vacancies and the procedure by which to be considered for appoinzment. � It was�moved by Councilman Backes to reappoint the following � commissioners to fu�:� terms as follows: �BeR Mayeron, Building Construction Codes; Bvb Whalton, Park and Reereatiori; Jackie �ngersoll and Jon Bloom, Planning Comm��sion. � - -� The motion- passed 6-I'� "(Councilman Martin opposed) . - , � ` -406- i s -- ._._-----__ ---- r., 1 C� b, Ra i___ 1 r— Gross in �. w.�..,_' - C�.ty Counc il minutes, December 17, 1979 Preliminary zeport relating to railroad crossing near West 36 Avenue (requested November 19, The report was ordered received for filing by consent. lOc. Lenox; Lenox Community Center_windows. Ordinance No. 1455 ,-_____� improvement of Stzeet/Woaddale 1979). It was moved by Councilman Martin, seconded by . Councilman Meland, that the contract awarded to Bernco, Inc., be rescinded. _ Councilman Backes asked to whom the responsibility belonged for the advertisement for bids. The City Manager stated that ultimately the �esponsibility was his. He continued that he had been contacted by the architect regarding a change order for the window replacement; he instructed the architect that due to the coat, 6ids must be obtained and assumed bids would be advertised which was not done. The motion passed 7-0. It was moved by Councilman Martin, seconded by Councilman Meland, to waive reading and adopt Ordinance No. 1455, entitled "An emer�ency ordinance autho rizing the �ity Manager �o enter into a contract for work to be undertaken by the City in excess of $5,000 without advertisir.g for bids for i�nstallation of fire exits and the replacement of windows in the preschool at the Lenox Community Center." The motion pass�ed 7-0. It was moved by Councilman Martin, seconded by Councilman Hanks, to authorize advertisement for bids for the remaining window replacement. The motion passed 7-0. lOd. Youth Diversion Program Report on youth diversion pXogram (requested December 3, 1979)• The City Manager explained that assigning a outh outreach worker to the police department had been discussed with y , , roximately 20 cities in the Dnited the police chief. He added that app olice deaartments; Stated have instituted such programs within tl�eir P. an article on the matter has been ordered and would be presented to the Council. on revie�a�ng the proposed sa�.�rY (;ouncilman Martin suggested that up several City round and experience required, �he pos�tion• Ox, range, duties, backg able of assuming pol�ce officers would be quite caP b h�z�d� in that problems may he su�gestec�, an additienal o�ficer could � in the a civilian WOrantgmoney could be en�o untered due to citizen�en�staHenalso believed g dep�rtment as an undercaver ag be available. -407- City Cou�cil minutes, December 17, �97� Councilman Elstrom s�iggested the m�tter of a� o��reach workez and a human services coordinator could be dealt wit� during the future study session. � It was moved by Councilman Meland, secor�ded by Councilman Elstrom, to request a complete staff report on. the matter for the January 21, 1980, CounGil meeti.ng, or at a study session, should one be scheduled pripr to that time. t Councilman Martin asked if the motion meant that funding of the current position would continue until a f inal decision is reached. The Council responded in the negat�ve. Mayor �icQu�id reported that Governor Quie, speaking at the Community Fdu�ati�n luneheon, prefaced his comments by stressing a strong interest in the problem pf ch,emical depen�ency; thereFare, she beli�v�d it possible tha� State funding toward its eradication could beeom� availab le .. The motion passed 7-0. 10e. Flag Avenue Sewer R�port relating to low-pressu�e sewer system north of West 22 Street at Flag Avenue (requested November 1�, 1979). Co�ncilman Mart�n asked if all of t�e 1.andowne�s affected by �he lack of sewer in the area were aware of the alternatives being presented to the Council. � CQuncilman Ralles noted that the Council had authorized zepayment to Mr. Eddy for lots he puz�;�ased. The City Manager explained Mr. Ed3y owns additional lots on F1a�.Avenue. It was moved by Councilman Har_ks, seconded by Councilman Ralles, to approve staff Alternative I�o. 1�nd set a public hearing on the imp rover.ien t . The motion passed 7-0. - lOf. MnDOT Agreement; � Resolution No. 6454 : �Agreement with MnDOT for engineeXing services at W�st 3E Street/Highway 100 (M. � C. No. 79-34). Resol-ution.No. 6454, entitled "Resolution authorizing cooperative agreement with Department of Transporta[ion for the preliminary design services for West 36 Street/Highway 100," was adopted by consent. lOg. Golden Valley Si �s Report �n signs in Golden Valley (requested NovembPr 19, 1979). i� was moved by Councilman Hanks, seconded bY Councilman $ackes, to def_Er the item to January 21, 1980. The motion passed 7-0, -!�0$- City Co uncil minutes, Uecember 118. 1980 Salari�s; Resolutic�n No. 6b55 NEW BUSINESS 17, 1979 1980 salary adjustments for office, technical and maintenance employees (M. & C. No. 79-31). It was moved by Councilman Hanks, seconded by Councilman Backes, to waive reading aztd adopt Resolution No. 6455, entitled "A resolution revising the position classification plan and amending Resolution No. 5511, effective January l, 1980." The motion passed 7-0, Ilb. 1980 Salaries; � Resolution No. 6456 1980 salary supervisory No. 79-32). adjustments for administrative, and management employees (M. b C. It was moved by Counczlman Backes, seconded by Councilman Hanks, to waive reading and adopt Resolution No. 6456, entitled "A resolution revising the position classification plan and amending Resolution No. 5511, effective January 1, 1980." Councilman Martin referred to a document comparing department-head salaries in St. Louis Park with other area cities and sugg�sted several positions appeared below the average. The City Manager explained that one position did not hav� equal responsibilities with other cities'. He said it important to noze �hat the item before the Council was the adjustment of the salary tables; in cases where an emp}�oyee's performance is determined to be well beyond that normally expected, tt�e salary increase mm�y be commensurate. The motion passed 7-0. llc. Personnel Plan Councilman reading of Amendment to Ordinance Code relating �o personnel plan (M. & C. No. 79-33). Following brief discussion, it was moved by Backes, seconded by Coupc�.lman Meland, to waive first ordinance and set second reading for January 7, 1�80. The motion �assed 7-0. lld. Vernon Avenue Street Lighting --� . order, J'8-48, January Contract No. 1335, 78-49 and 78-44A, 1, 1980. Change order authorizing time extension: Vernon Avenue street ltghtii-�g. the Council approved a change By consent, Pro ects 77-11C, Collins Electric COm�mn�eGio�jdate tQ extending the final P -409- n 1.1_e. C:Cty 19g0 Li uor I�ice__nse5, C�uncilm�n Mel_and, seconde�i by � I t was movecl by Counci.lman liacices, to appr.ove renewal of 1980 nontntoxic�txng liquor licenses: Bernie's Del, Brookside Drug, Country Club Market, Don's Park Market, Jennin&�' Red Coach, Knollwood Liquor, Lincpin Baking Company, Lincoln Dels, Inc�, Mi1K's Market, National and Applebaum Food Market, National Food Stores, Northstar Pizza, Park hwik Shop, Park Pizzeria, Park Tavern, Penny's Supermarket, PDQ, Pizza Nut, Reiss' Inc., Red Owl Stores, Roger's Petroleum, Zayre's Shoppers City, Sol's Superette, Snyder's Drug, Texa-Tonka Lanes, iom Thumb, VFW Post 5632, Wa�.gr�en Company, Western Stores. (;oui�cil� minuLes, I���cc�n�ber 17., 197y , 1980 nonintoxicating liqUor license renewal. The motion passed 6-0-1 (Councilman Ralles abstained). llf. Health Services Contract . --- Hennepin County,for Execution of healCh services contract. It was moved by Councilman Meland, seconded by , Cotincilman.Ralles, to authorize execution of Agreement No. 01047 be�ween the City �nd provision of community health services. The motion passed 7-0. 11g. Oxford Stree[ Landscaping� �- �Change order aut�}orizing time extension: Oxford� St-reet l�ndscaping. �� By consent, the Cbuncil approved a change order extendir��' final` cbmpletion dat�e to July 15, 1980, Contract 1337, Projects 77-38B ana�79-04, Doc Blanchard Enterprises, Inc. ,� llh. Sidewalk; Resolution No. 6457 . ., Rightrof-way acquisition for sidewalk cons�ruction: �xc�lsior Bo�levard at Dakota Avenue (M. & C. No. 79-35). It was moved by Councilman Hanks, seconded by waive reading and adupt Resolution No. b457, authoriz�ng takfng o� 1�`nd -by emi,nqnt domain utility right of way." Councilman Elstrom, entitled "Resolution for sidewalk, stre�t to and . � . i i, , , , : Coun�il�nan Meland sta�ed he would not support th� motion and *a�uld pre£er to purchase the ptope�ty for the $938 and waive the future assess�r,ent as requested by the prAperty owner. He noted that taking proper`y by eminent domain would require atto�ney fees and entail an un'Knowr. commissioner's award an� r_ould tesulk in higher costq to the than rhe purchase price beit�g re�uested by Mr. Christy. Counci!man Martin was concerned �bout the project cost in the event the i,rnlr.ty did not participate �,n its �und�ng. Council.man Nanks was �oncerned with securing agrePi:�g to the property owner'R �erms of no did r;�t argue that the 5idewal'�c �rould benefit aske��, if agreement to not as�e�s Mr. Christy affecr_ the agreement with the property owner -li10- the City County funds and a:so with essessme�t, al�thouqh he Mr. �1T�SL}1 greRtly. ��e is approved, wou�.c! it to the east. r- City Council minutes, �c�cember �7, 1979 The City rianager explained there was no property owner to the east. Provision to not assess the He continued that cu docrain statutes require.a 90-day notice of the Co�ncil'sIDintet adoption of the resolution would nt which to negotiate during the 90 days, �rovide. He said staff wouid continue Councilma n Me land said he would agree to the motion only if the Co�incil actually re-reviews the matter prior to enaction of eminent d oma i� . The motion passed 7-0. 11i. Amhurst Development � 12a . Amhurst development (requested by Councilman Hanks). The City Manager explained an issue discussed with the developer has been City Ordinance Code interpretation of when development begins, in that the subdivision contract has not been finalized, the plat is not signed and the bond or letter of credit has not been provided. He said the developer now wishes to develop in stages, subject to an interpretation of when development actually begins. He continued that staff's position is that the present grading can continue until s�sch time as the final plat is filed; if the developer wishes to provide staged development, the Council would be required to approve plats of each segment separately as development begins, to effectively control whether the terms of. the.Ordinance have been met. In response to a question from Councilman Hanks, the City Attorney explained that prior to the sale of 1ots, it would be necessary to have a plat or platting procedure approved. Councilman ��anks believed there could be same method hy which the Council could not reqtxire the posting of a bond for the winter months. The City approval bond and Attorney to plat interest stated the developer would like in smaller sectiqns which would charges. to request Council require a smaller It k�as moved by Counci].man Hanks, seconded by Councilman Martin, that Amhurst be allowed as slaff sees fit to contfnue and that staff and the Council will work to make the process as economical as possible; staff will work with the developer and return to the Council �or approval. The motion passed 7-0. Damage Claims MI5CELLANEOUS The Council referred the following damage Cl�r� for proper action claims to the Citer and City Attorney, by by�the City Manag consenC: -411- 0 c;1 l: y I `l.{, , (;r,i��miii� ! r�ri t 1.c�nri 1 t'uut Mn r)1" ~ . . .. . :y __ �, c;�,�,�,c� I a m i nti t�r , r�ccemhcr �. i, � y� 7 'I'lir• t;��inf. ( l. ,7qr.��cd I'lc� . Crnnm��i� i c;n h�.�nR f"rc�m_Ci_ty Mnnn ►�r. 1) 2) 3) �� ) R���x LaCr�i�/Thomas Wigfield �,;kew, Mz�hew�, Mathew� Mr�. Stevcn �klund LQ��_�3�L��n-Porter/Lloyd Johnson. 1) Civic Day - Mayor McQuaid announced thaC Jim Rhode� had agre�d to be chairman for � ci+ric day, should the Council agree. to review the matter aC a study 5ese�,on• Cr.r.ek mny hnv� 1.oCked 1.) Minnehaha Creek - The City Manager explained �}�a� the Minnehaha Creek Board of Governors had been informed that Che water level of the ��nd fr.ozen some storm sewers. 2) l.rnR��e hr.�:nkfa�t - Th� City Manager asked i� the Council had a pxef,Prr.nce f�� ��.m� and d�te of the meeting. The Council discussed (,; }(} �r 7 a,tn. �t the Golden Valley City Ha11. 3 ) 1� rc► n �. t�ecc�n�jc�d �G,99(�. Wheel. Drive v�h�cic - Tt was moved by Councilman Hanks, by C�uncil.man ElstXom, to auth�rize purchase of a Ho�izon at Tl�e moti.on paAsed 7-0. CLAIMS APPROPRIATIONS A�1D CONTRACT PAYMENTS ]_3n. Ver�.fi,ed On motion o£ CAuncilman Nanks, seconded t�y C�.aims Councilman Meland, the list of verified claims �— prepared by the D�reator of Finance and directed to the City Council, dated December 17, 1979, �n the total amc�unts of $300,881.23 for vendors and $6;504.97 £or payroll, were approved and the City Ma.nager, Citx Clerk and City TreasuXer were authorized to issue checks in the same amounts by a vote of 7-0. 1.,3b. Contract It was moved by Coun�ilman M�land, seconded by Paym� erts Councilman Elstrom, �o apprQve and author�.ze the following partial paym�nt: 1) Partial payment, bus plazas, Projects 79-13, 78-44, 78-46, �9-36, Har.drj.ves, Inc . Amount : $7, 560. � 1,4 . The motion passed 7-0. Adjqurnment �ttieat: Mrs. Flanagan Re�ording Seczetary . On motion �f Councilman Meland, saconded by Councilman Hanks, the m�eting was adjourned at 10 p.m. by a vo�e of 7-0. %�%�� Phy(`Y.lis M�q�,afa Mayor -412-