HomeMy WebLinkAbout1979/08/06 - ADMIN - Minutes - City Council - Regular1.
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MINUTES
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
August 6, 1979
Prior to the regular meeting, the Council reviewed four letters
from citizens indicating interest in serving as Mayor until
December, 1979. The Council def erred discussion to August 13,
1979 .
Ca11 to Order
Presentations
Roll Call
Also present were
Director of Pub lic
4. Anproval
of Minutes
the City
Works .
The motion passed 5-0.
A regular meeting of the City Council was called
to order by President Pro Tem Lyle Hanks at
7:32 p.m.
None.
The following
call:
Councilmen were present at roll
Ronald Backes Jerrold Martin
Martha Elstrom John Ralles
Lyle Hanks
Manager, City Attorney, Director of Planning and
It was moved by Councilman Backes, seconded by
Councilman Martin, to approve the minutes of
the regular City Council meeting held July 16,
1979, as presented.
Councilman Martin, to approve
It was moved by Councilman Backes, seconded bY held July 23, 1979, as
the minutes of the special City Council meeting
presented.
The motion passed 4-0-1 (Councilman Ralles abstained).
5. Approval
of Agenda
The motion p assed S-0.
seconded by
It was movecl by Councilman Martin, enda
�o approve tl�e consent ag
Councilman Elstrom,
Au ust 6, 1979, with the removal of Item llc.
for g
It was moved by Counc�lman Ralles,
the agenda for August 6, 1979, as
The motion passed 5-0•
second�d
presented.
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by Councilman Martin, to approve
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City Council minuteS, August 6, 1979
PUBLIC HEARINGS
Application of Vernon Beck dba Liquor King for
relocation of off-sale intoxicating Iiquor
license f rom 4110 Minnetonka Boulevard to
4057 Highway 7, as described in Notice of
Hearing published July 18 and 25, 1979.
being no one present wishing to speak, the President Pro Tem declared
earing closed.
s moved by Councilman Martin, seconded by Councilman Elstrom, to
ve relocation of the liquor license as requested.
iotion passed 4-0-1
� tonka
Boulevard Sidewalk
(Councilman Ralles abstained).
Improvement Proj ect 79-41, sidewalk, Minnetonka
Boulevard, as described in Notice of Hearing
published July 25 and August 1, 1979.
The Public Worlcs Director explained the project
would be located on alternate south and north portions of the street. He
said bids would be soug�t on both bituminous and concrete as an effort [o
obtain the lowest price. He added that existin� sidewalk on both sides of
the street would be retained. In response to Councilman Elstrom, he
explained 98 percent of the necessary ri�ht of way is City-owned; the
estimated acquisition cost for the balance is $3,500.
Councilman Backes wondered if the drop in elevation on the south side of
the street would cause difficulty. The Director of Public Works said a
walk could be constructed at this location without a boulevard. He noted the
existing sidewalk at this location does not have an adjacent boulevard.
In response to Councilman Martin, the Director of Public Works reiterated
that the existing walk in front of the shopping center would be retained;
the only areas for which sidewalk is proposed is where gravel walk exists•
He believed the walk is necessary, in that the south has a very pronounced
pathway which indicates frequent travel to the shopping center, apartments
and school. He continued that the study was authorized by the Council.
Jeff Brooks, 8745 Minnetonka Boulevard, asked if residents on the south
would be required to paq €or portions of walk constructed on the north.
The Director of Pubiic Works explained the proposal is to assess the i'��0��
ment to properties on both sides of Minnetonka Boulevard.
Robert Benjamin, 2942 Boone Avenue, understood his assessment could �e
$1,500. He said among others retired ersons will suffet the extra
financial burden of another assessment pand he believed it would force
people on f ixed incomes to sell their homes . iie noted that buses and
cars are used to transport school children.
Marlys Westling, $550 Minnetonka Boulevard; Richard
Boulevard; Arlene Kohn, 8724 Minnetonka 8oulevard;
Minnetonka Boulevard, opposed t1�e pYoject.
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Buzton, 87�� '�i"�, ;.
Steve Marsolek. �'''
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Citq Couneil minutes, August 6, 1979
� ry Pearson, 9210 Minnetonka Boulevard, said she did not o
ppose the
sideWalk, but believed residents on Boone and Flag Avenues should also
be assessed.
pr�rille Babcock, 2335 Stinson Parkway, stated he o�ans pYoperty which �rill
be assessed for the walk and if the neighborhood desired the wa�k, wouid
not be opposed to its construction; however, he believed the pe ople are
content with the existing walks and pathways.
David Lindgren, 2980 Ensign Avenue, stated the neighborhood views the
area saf e€or pedestrians, and sidewalk installation would be a waste of
�oney and energy. He also understood the proposed f ive-foot boulevard
would cut out his lilacs and trees and lower the value of the houses.
Jay Levitan, 9220 Minnetonka Boulevard, asked an explanation of the
assessment; he said the sidewalk would receive little use.
Rick Friedlander, 3000 Cavell Avenue, noted ten-foot-wide bicycle and
pedestrian trails currently exist on both sides of the street. He
suggested the money would be better spent reducing the speed limit.
Vern Olson,
north side.
8820 Minnetonka Boulevard, ob�ected Go the project on the
Mrs. Athmann, 3400 Aquila Avenue, believed the residents along Minnetonl.a
Boulevard would have diff iculty cle�ring the sidewalk of snow left b�
plows and theref ore the etudents would find it neeessnry to walk in the
street. She suggested if the improvement is ordered, that it be Assessed
City-wide.
Prescott Lauve, 9301 Minnetonka Boulevard, said he would like t� see
the traff ic slowed; he opposed the sidewalk.
There being no one further wishing to apeak, Che hearing was closed.
It was moved by Councilman Martin,
order the improvement not be made.
The City Manager explained
may be deferred for persone
be made to Fiennepin CounCy
project be ordered.
Councilman Martin said
a need f or the pro j ec t.
second�d by Councilman R�lles, to
the policy bY which specinl �ssessments
over ege 65 e �ie x�.co s�id j��shc�ulciithe��u�d
for iCe fingttcinl Rssistance,
the information wou�d
The President Pro Tem eaid
assesBment, if the p=o�ect
�e woul.cl not
ie �P�roved.
be w��r�hwtli�.c�,
it ttirra r�a�
support $8 pex f ��on� .f.�c+c
Councilman Backes aeked �f Clie pxo;i �� � �ou:td b�
only consider instal.lin6 e�d�w�a.� °�' �h1° �nuth
f ro�n Utah to Aqui�la Avenuea •
��{��rr+ted itt�d tt��� �'���t7tc��
�� rt�nn�rot�l:x ri��ul���,�t'd.
After further diecu�eiut�� �1�m mp��O� �s�' �ikhdrt�an•
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City Council minutes, August 6, 1979
was moved by
Councilman Backes, seconded by Councilman Martin, to
; install sidewalk on the northeandnsp�ohect 79n41t�toacontinuerd
�m Aquila Avenue west as propos .J
isideration of Project 79-41, sidewalk.installation on the south side
Minnet�nka Boulevard from Utah to Aquila Avenues on August 20, 1979,
� motion passed 5-0.
�ign Avenue
rb , Paving
3 Gutter
Improvement Project 79-55, paving, curb and
gutter and driveway aprons, Ensign Avenue, as
described in Notice of Hearing published
July 25 and August 1, 1979.
e Director of Public Works explained the project was petitioned by the
ighborhood; staff recommends a 26-foot roadway culminating with a
-foot diamerer cul-de-sac, paving with asphalt, concrete curb and
tter, landscaping to match adjacent lawns.
vid Lindgren, 2980 Ensign Avenue, said he owns approximately 14Q feet
frontage at the corner of Minnetonka Boulevard. He said he signed
th petition with the understanding unanimous signatures were required
order the project. He did not believe drainage problems exist and
that the cul-de-sac is the correct solution, in that it would be located
too close to his house. He also suggested people would see curb and
think the street a throughway; thus, all types of traff ic would increase.
Steve Marsolek, 8910 Minnetonka Boulevard, said the project was petitioned
by 51 percent of the property owners but was not shown to him, in that
the person who drew up the petition bel�eved he would not sign. He
explained the easement would come to eight fee� f�om his house, and he
did not want the street paved and the assessment. He continued that the
City plows are pickup trucks and have no difficulty backing from the
street. He further explained that several property owners who signed
the petition do not want the cul-de-sac in the project.
President Pro Tem Hanks and Councilman Martin ref erred
from John Glassberg, 2950 Ensign Avenue, opposing the
the entire project, if not unanimously approved by the
to the letter
cul-de-sac and
residents.
Orville Babcock, 2385 Stinson Parkway, believed a cul-de-sac desirable
on a deadend street, and said if the property had been platted correctly,
one would have been installed at that time. He stated its installation
at this time would require too much private property.
The President Pro Tem noted the cul-de-sac is no closer than 30 feet
from any house, and throughout the City, the required setback is 35 fe�t•
Councilman Backes believed it should be explained that if residents
petition for an improvement, there are certain policies they must
abide by.
It was moved by Councilman Backes, seconded by Councilman Martin, to
continue the public hearing to August 20, 1979.
The motion passed S-p,
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City Council minutes, August 6, 1979
For the benef it
curb and gut ter ,
assessed for the
as with curb and
6d. F1�g Avenue
Sanitary Sewer
of the residents requesting asphalt street iaithout
the President Pro Tem explained the residents would be
improvement but would not Zeceive a 20-year guarantee
gutter.
Improvement Project 79-50, sanitary sewer,
Flag Avenue, as described in Notice of Hearing
pub lished July 25 and August 1, 1919. '
Paul Eddy, 1328 Northeast Lake Street, stated he owns four lots which
are not buildable due to the lack of sanitary sewer.
Eric Olson, 2054 Flag Avenue, explained he lived on the property since
1953; in 1957, he was happy to see sewer being installed, but it
stopped at the next property.� Ae favored sewer but believed due to
increased costs, he would be severely penalized by today's assessment
rate as opposed to 1957's. He also noted that assessments deferred for
persons over age 65 must be paid when the property is sold.
Jack Miller, Minneapolis Golf Club, believed if a need for the sewer
exists, those properties benefitting by its construction should be
assessed. He said i3 lots exist on one side of Flag Avenue between
West 22 Street and Franklin Avenue; on the other side of the street is
the Golf Club property. He said that weat of Lots 24 and 25, purchased
by Mr. Eddy from the City, is a ponding area which the Club was not
allowed to use as a practice range and as a reault has uaed the property
on the east of Flag Avenue. In 1973, the City purchased Lots 26, 27
and 28 from the Club, plus a lot to the north, plus a11 of the pond. He
said the City already owned Lots 24 and 25; therefore, at the time the
Club sold the property to the City, the basic purpose was public use
and not to sell to private parties fox development. He continued that
according to City atandards, the lota were undevelopable; therefore,
if the City believes sewer ie now neceeeary to make thQ lots developable,
the question is who pay8.
Mr. Miller said �he Club would not benefit �t al.l and queetioned the
$100-per-foot proposed asaesement to abutting properties. He requested
an attorney's opinion on the matter; he a18o aelced whether the new
aewer would not duplicaCe a portion of the exieting eewer.
It was moved
continue the
questions.
by Counci�man Rallea,
hearing to AugusC 20�
The motion passed 5-0.
�a• CATV
Steve KeJ.ly �
on schedule�
September 1,
eecanded by Counci.lman M�r. t�.n, to
1979� enabling etaff to oxam�.ne the
PETITIONS RL� UL�STS ANn C4MrNN�.CATIaNS
ProAreee xepar� CA'�.'V; S�ove Ko�.�.y and
Larry naniel�•
NorChern C�b�evision�
and service wi.11. boAin
1979.
eCared �ns�CA�.�.ation �i
Co Cha fir�� G���nmora
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tho �yetem ie
�ppraxim�tely
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Council minutes, August 6, 1979
Notice of Intent to Conduct Bingo;
Councilman Martin,
City of Hop�,
There being no ob j ection, the Notice was ordered
received for filing, by consent.
Boulevard sod at 3252 Dakota Avenue (requested
by Council.man Meland).
It was moved by Councilman Backes, seconded by
to defer the item to August 20, 1979.
The motion passed 5-0.
Pios uq itos
Communication from Betsy Edlavitch, 2711
Ottawa Avenue, relative to mosquito problem.
President Pro Tem Lyle Hanks explained staff will refer the problem to the
Metropolitan riosquito Control Agency which levies taxes for control of
mosquitos. He said the matter is not within the jurisdiction of the Council.
Betsy Edlavitch explained her concern lies with the ar2a owned by the City
containing fallen trees, leaves and trash which provides an ideal habitat
for adult mosquitos. She believed the problem would be alleviated with
better maintenance.
The City Manager stated the trash could be removed, but leveling, mowing,
etc., would be difficult and perhaps cause problems with other area
residents who desire the area to remain in its natural state.
The President Pro Tem suggested designation of funds to maintain the area
as a public park would have to be considered during budget review. He
requested the City Manager to review the possibility of a limited cleanup
of the property and report to the Council.
Ms. Edlavitch agreed that the neighbors wish the area
however, she requested to be notified of the results
review.
$a. City-Owned Land
on Manitor Street
RESOLUTIONS AND ORDINANCES
to not be changed;
of the C ity Man�gex�s
Sale of City-owned land on Monitor Street
(deferred from July 9, 1979) .
seconded hy
Councilman Ralles, to waivetf irstmreadiny ofuthelordinancenand set secand
reading for September 17, 1979. g
The motion passed S-0.
8b. Board of Anpeals;
Ordinance No. 1445
Second reading �f Ordinance Code arnendr�entr�L+ .
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relating to Board of Zoning Appeals aPP°�n'
date.
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Ordinance No. 1446, entitled "O�iinance amend�ng the St. t.c�uis F��rk ��� '"
Code, Sectioa 1-401(2) ; Board of Zoning Appeals," was aciortrd r�' `,�'�� �
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Incinerator
attention
use as a
City Council minutes, August 6, 1979
Second reading of ordinance authorizing sale of
City incinerator.
The President Pro Tem ref erred the Council's
to materials supplied by Councilman Ralles supporting the property's
recycling center.
Margaret GingericR, 4340 Mackey Avenue, urged sale postponement until the
Community Relations Commission has completed its study of recycling and
separation of newsprint in approximately 60 days. She believed the
importance of saving energy must also be considered. She reported the
Metropolitan Council conducted a workshop on recycling possibilities at no
cost to the taxpayer.
In response to Councilman Niartin, Brien 0'Brien, representing Hoigaard's,
stated the offer to purchase the property would exist in 60 days.
Lois Cheney, 3156 Dakota Avenue, stated the St. Louis Park League of
Women Voters urges the Council to not sell the property prior to comple.tion
of the Community Relations Commission study. She reported on the benefits
of recycling and said the League offers to provide expertise, but she did
not know if 60 days would be adequate.
The President Pro Tem noted the Council is on record in favor of recycling;
however, Hoigaard's, in good faith, enteted a bid to purchase the property
in response to the City's advertisement.
Councilman Martin noted the�deadline for�receiving bids is pasC; therefore,
Hoigaard's has assurance that other parties will not bid.
The City Manager explained the Council's waivin� first reading of the
ordinance also protecta Hoigaard's.
It was moved by Councilman Backes, seconded by Councilman Rallea, to defer
second reading of the ordinance to October 1, 1979.
The President Pro Tem requested that prior to October 1,
and Community Relations Commiseion proceed with the atudy
building use for recycling purpoaes.
The motion passed 5-0.
1979� staff, League
of posaible
8d. 4952 Devaney Street; Second re�din�
of oxdina�ce �uthorizing sa].e of
Ordinance No. 1447 City property at 4952 Devaney Street.
Ordinance No.
part of Lo.te 5
an� �►aop ted
The Counci.l w�iv�d ��c�nd�x�����1� by t?�e C�.ty:
1447,, entitled "�n ordinanc��kuAddition�" bY cansent.
and 6, Alock 5, Wooddale P�
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Cit-y Caunci.]_ m;Lnul•.es, nu�u��- �,, y,.-
Sc�. S.�.lc c�{' Prc���c�rt�+:
Rr.so.lu�.l,ui� Nu� i19
cics,l�i1�t.ti1� P1acc�m��nC
fund," was odopC�c� Uy
RrYox�l�;�
���
R��;�ol u� #.on � I.at;�-nf� �r.c�cred� from ��l.e of xeal
,
l�r��,���y (49�2 I)evnnry Str.eet) 1n g�ner�zl fund.
�Gya�.�t�.o�, r,�. 6�].9,
or 1�raceeds from eale nf
con��nC•
enkitleci "Resolution
real ptoperty in the general
��. orr�c�?RS BUARDS A.M) CUMMITT�ES
9a. Amh�ir::t; S�cc�.•z 1 1'e�:`m1t ;
Re�olut-ion No. 6:320
Gouncilmnn l3flr.ke.� cxr_used
in a�.scussion nor votin�,
Special. permiC
con9truct 2f38
Amhurgt.
r_equer�t of Centurion Comnany to
Cownhouse units at Lohman's
��im�c�l.f: f.rom the meetiing and did not participate
on Iteme 9a �nd 9b.
� The Director of Public Worlcs expl�ined the PubJ.ic Works Department reviewed
the pl,ans �nd fi�ncls the fol.low�.ng feasihl� and adequate: Pond construction;
dr�ina�e; storm sewer; wnter s�rvice �lan acceptable, and the City will
Par�icipate with the developer to provide the looping arrangement; sewer
system will accommodute dwelling units in conformance with City policy;
fire hydrant 1ncaC�ons �dequate, and the overa.11 plan relative to Public
�dorics meets City standards and s�ecificationa. He said a full-time City
inspector would be asgigned to the activities, if approved.
The City Manager suggested it would be appropriate for the Council to
authorize execution of an agreement between tl�e cities of Hopkins and
St. Louis Park providi.ng that should the owners of Amhurst fail to
properly maintain the portion of the development located within Hopkins,
the City of St . Louis Park wi11 perf orm such work to the specifications of
Hopkins and assess the cost pro rata against all living units in Amhurst.
Ken Maas, representing Centurion Company, exhibited a plan of the
alternative emergency access. He said if not accepted by the State, the
original plan wi11 be implemented.
Lee Rotman, 9009 Minnehaha Circle South, expressed concern that the
proposed density of ten unit� per acre would create greater traffic. She
noted the only egress is West 36 Street which is already heavily travelled•
IYwin Mandel, 3231 Flag Avenue, concurred with Ms. Rotman. He believed a
dangerous situation exists on West 36 Street. He suggested a service
road along the Highway 18 ramp to Highway 7 would attract some of the
traific and alleviate the problem. He recommended that any approval be
delayed until traffic, density and the agreement with Hopkins have been
resolved. •
In response to Councilman Martin, the City Manager explained the issues
presented to the Planning Commission have been resolved; providing more
than a single entrance is not possible and theref ore the developer is
providing the emergency entrance.
In response to the Presi.dent� Pro Tem, the City Manager explained if the
ponding pian is not approved by Hopkins, alternative methods for �torm
water storage would be returned to the Council for approval and as
amendments to the special permit.
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City Council minutes, August 6. 1979
�cuncilman Elstrom referred to the suggestion of creating access from
high�aY service roads and noted highway departments are not az�enable to
access f cc►ee f rontage roads . She did not believe it possible to create a
S��o�i �sain aceess as desited by the area residents.
Hr. !'laas explained the original request
by the Ni�hway Department; therefore, i�,
permar�ent access would be denied .
for a temporary access was denied
could be assu�ed a request for
1.'illiam Craig, Nopkins' City Manager, explained that during Hopkins' review
of the matter, concern was expressed thaC perhaps the emergency access
would become permanent. With respect to the pond, k�e believed the
aforementioned agreement necessary, Ne noted although the buffer would be
within St. Louis Park, it was hoped the trees could be saved.
AfteX further d iscussion, it was moved by Councilman Martin, seconded by
Councilman Ralles, to waive reading and adopt Resolution No. 6320, entitled
"A resolution granting a special permit under Section 14-195(3) of the
St. Louis Park Ordinance Code relating to zoning to permit a cluster
housing project on property located in the R-3, Two-Family Residential
District generally located at State Highway 7 and County Road 18," amending
Condition No. 5, second sentence, to read: "Eu�ergency access shall be
provided from Edgemoor Drive or Highway 7 as shown on Exhibit B-1."
The motion passed 4-0 (Councilman Backes not present).
9b. Arnhurst Plat;
Resolution No. 6321
Councilman Backes was not
nor vote on this item.
Application of Centurion Comnany for final plat
approval of Lohman's Amhurst at County Road 18%
Highway 7/West 36 Street.
present and did not participate in the discussion
It was moved by Councilman Martin, seconded by Councilman Ralles, to waive
reading and adopt Resolution No. 6321, entitled "Resolution giving approval
for final plat of Lohmanis Amhurst."
The motion passed 4-0 (Councilman Backes not present)-
It was moved by Councilman Ralles, seconded by Councilman Martin, to
authorize execution of agreement relating to property maintenance uTith
City of Hopkins, subject to approval of City Attorney.
The motion passed 4-0 (Councilman Backes not present).
9c. Statement
on Trails
9a.
Financial
Re ort
Status report -
(requested July
Trail ComQnittee statement
16, 1979.
The report was ordered filed by cansent.
Monthly financial report - June, 1979.
The report was
ordered Filed by consent.
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�i�y Council
9e. Par� =
Recreation Commission
gf, Water Repair at
3409 Texas Avenue
Councilman Elstrom,
minutes, August 6, 1979
The minutes of the
Commission meeting
filed by consent.
Park and Recreation Advisory
held July 11, 1979, were ordered
Report on water repair at 3409 Texas Avenue
(requested on July 9, 1979)•
It was moved by Councilman Martin, seconded by
to defer the item to August 20, 1979.
The motion passed 5-0.
9g. Traffic Study 206;
Resolution No. 6322
Traffic Study No.
and Utica Avenues.
206; West 28 Street/Vernon
Resolution No. 6322, entitled
� Resolution No. 6149 authorizing no-parking signs on West
Vernon to Utica Avenues," was,adopted by consent.
9h. Traffic Study 207;
Resolution No. 6323
authorizing placement
adopted by consent.
10a. Appointments
"Resolution repealing
28 Street from
Traffic Study No. 207; West 18 Street/
Nevada Avenue.
Resolution No. 6323, entitled "Resolution
of signs on West 18 Street and Nevada Avenue," was
UNFINISHED BUSINESS
Appointments to boards and commissions.
It was moved by Councilman Elstrom, seconded by
Councilman Backes, to reappoint Reva Gou1d to
a two-year term as the City's representative to the Policy Advisory
Committee on Cammunity Education.
The motion passed 5-0.
lOb. Otterlei
Variance
�
Request of Jon Otterlei
Oxford Street (deferred
1979).
for variance at 6980'9Z
from June 18 and July 16,
Jon Otterlei, applicant, �equested the Council delay enforcement of t�e
Ordinance requirements until December, 1982, at which time he would comPly•
It was moved by Councilman Martin, seconded by Councilman Ralles, to defer
the item to August 2p, 1979.
The motion passed 5-p,
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City Council minutes, August 6, 1979
ll�, c�c6
�nufacturing
Request of Ace Manufacturin
f or variance to allow 60-foot(wideadrivewalbatng�
3825 Edgewood Avenue (deferred from July 16, 1979).
The report was filed by consent.
lOd. Sewer Rates
Revision of sewer rates (deferred from May 21,
June 4 and Ju1y 9, 1979); M.& C. No. 79-23).
It was moved by Councilm�n Martin, seconded by Councilman Ralles, to
waive first reading of the ordinance and set second reading for August 20,
1979.
The motion passed S-0.
10e. Minnehaha
Creek
Special permits on Minnehaha Creek (requested
June 4; deferred from July 16, 1979).
The President Pro Tem reviewed the background of
the matter and reported that several additional persons other than those
receiving copies of the staff report as directed by the Council, wish an
opportunity for review.
Councilman Backes suggested the item could be deferred to the Council'�s
special meeting on August 13, 1979.
The President Pro Tem requested persona present to inform their neighbors
that the Council will atudy the item on August 13, 1979.
Greg Mack, 5622 Wood Lane, stated hia main concern was the taking of
property without due process of law. He noted that property owners within
200 feet of an F-1 District must obtain a special permit to expand,
remodel, etc., and according to the exieting Ordinance may not obtain
permit approval nor proceed with their plans without firet dedicating a
shoreline easement. He said he did not object to the Creek's use ae a
navigable waterway, but could f oresee problems in terme of ite maintenance.
He explained the Creek's configuration hae changed within the laet 20 yeare
due to fill and sedimentation and he believed the iseue ahould be atudied
with respect to long-term use. He aleo referred to otiler governmental
agency rules and regulatione.
Mardi Hammerlund, 5612 Wood Lane, explained her main concern wne the
takin of land without due procees of law. She sald ehe hAe maint�ined
and cleaned the portion of the Creelc abuttins her property for many ye�rs.
She added she was noC inf ormeci by the City of the Council'� pending review
of the matter. She continued that Che neighborhood hae�heard vr�rioue
versions for the Creelt including the t8�kin� of 30 feet and the can-
struction of,a bic c1e ath. She wiehed the proPerrY to zem�in in i.tie
present form. ,Sheyaleopreferred to a lot purchased for park property
at the end of Wood I.an� by the City �nd ea�c1 tho �x��l dicl n°C n�0a �
park. She explained automobiles wi�l� trAi1era +�nat���dt£or�a canoedxeBC
the street and ehe feared �.£ tlie �.end wer� tio be
area, there would be all-night partiee and much dieruPtii°n.
The President Pro Tem�eaid etaff would revi�w Che PrOPerty aC the �nd of
Wood Lane to determine ownership, and the Councll wi].1 meet a� 1 p.m'
Auguet 13, 1979, to f urther review the mattiex•
-22�- — - - - - -
�
,
��ty Coun
cil minu�eS, AugusC 6, 1979
lOf. S eed Limit
Criteria
lla. Communit Devel.o ment;
� Nn 6324
l lb .
\
M
nDOT criteria for reducing speed limits.
The reP�rti Was ordered f iled by consent.
N�W BUSINESS
Cooperative agreement;
program, Urban County.
Community Development
Resol.uClon • entitled
Resolution No• 6324Teement:
execurion of joint cooperation ag
Urban County," was adopted by consent.
authorizing
Block Grant,
Right-of-Wa�
' ition
Right-of-way
cul-�e-�ac.
"Resolution
Conmiunity Development
acquisition - Randall Avenue
Acquis
gy consent,
the Council approved acquisition
acce �ed deeds at no cost from the following property owners:
and P Lot 3; Carl Carlson and James Engstrom, Block 1,
Helen Bechtold, Block 2, glock 1, Lot 17, Minikahda
Lot 18; Nellie Rogers and Thomas Hershberger,
Oaks Addition.
- ' uor License; Application for intoxicating and nonintoxicating
llc. L1q �S liquor license; Big Ben s Family Restaurant.
Big Ben _
Councilman Backes stated he would not participate
� in the discussion and would abstain from voting on this item.
It was moved by Councilman Martin, seconded by Coun�1979n Ralles, to set
public hearing on the application f or September 17,
The motion passed 4-0-1 (Councilman Backes abstained).
lld. Lenox
Lenox Community Center change orders.
Community Center
After discussion, it was moved by Councilman
Martin, seconded by Councilman Elstrom, to
authorize the reallocation of Community Development f unds to the Lenox
project in the amount of $111,068; to approve Change Order No. �+, �J
Enterprises, in the amount of $44,017.00, for a total contract to date
of $323,714.00; to approve Change Order No. 1, Arcon Construction, �n
the amount of $37,946.94 ,for a total contract to date of $ 418,292.64.
The motion passed S-0.
lle. Zarthan
Street Lighting
Councilman Ralles, to
the amount of $28,326,
Change Order; Collins Electric Company,
Zarthan Avenue Street lighting project.
It was moved by Councilman Backes, seconded bY
approve Change Order No. 2, Contract No. 1335, in
for a total contract to date of $200,120.
The motion passed 4-0 (Councilman Martin was not present).
-226-
l .s
City Council minutes, August 6, 1979
Ri ht-of-ti'��
�lf Reso�°
Nos, 6325 & 6326
street purposes,
,�
gif C of land. f or
Acceptance of right-of-way;
Zarthan Avenue project (M,
West 16 Street/
C: No. 79-24).
By consent, the Council adopted Resolution No. 6325,
entitled "Resolution accepting gift of land for
and Resolution No. 6326, entitled "Resolution accepting
street purposes."
�1g, 6211 Cedar Lake Road Transf er of property; 6211 Cedar Lake Road.
It was moved by Councilman Backes, seconded by
Councilman Ralles, to authorize transfer and to waive first reading of
ordinance and set second reading for August 20, 1979.
The motion passed 4-0
llh. City Hall
Gara e
(Councilman Martin was not present).
alternatives which would
Change order; City Hall garage.
Councilman Backes noted that during the original
consideration of the project, the Council approved
lower the project cost.
It was moved by Councilman Backes, seconded by Councilman Elstrom, to defer
the item to August 20, 1979, and requested additional data on source of
funding.
The motion passed 4-0 (Councilman Martin was not present).
lli. Revenue Request of International Multi-Housing, Inc.,
Bond Request for mortgage revenue bond approval. �
The Council set public hearing on the request for
September 17, 1979, by conaent. '
12a.
12b ,
MISCELLANEOUS
Damage claims
].) Patricia M. Davis, 2701 Kipling Aver�ue
Z) Anne Gilbert, 2305 4th Avenue North
3) Steven Hellf in
4) 3ulie K. Sexton et al
5) Kermit Stroman, 3308 First
The Council
City Manager
Avenue Sovth
ordered claims f iled
and City Attorney bY
Communications
from Preeident Pzo Tem
with City
Clerk for proper action by
conserit.
1) �iopkine
Councilman
meeting 8e
-227-
School Bo�rd meeting,
Auguet 16 -
gBCk@e etat@d he wouldthetCoun�il.
th� r@pr@e@ntat�.ve of
�
City
Council minutes, ���us� �, 1979
2) The President Pro TEstedithee�ighwaY
Golden Valley, and sugge
ar tt�e August 13, 1919, special meeting-
3) The Presiclent PraLsomdiscuss
August 13, 1979, to
12c. Communications
from City t4anager
letter re�eived From the City c�f
12 moratorium cauld be discusged
the Council.
the vacancy
a�reed to meet at 7 p.m.,
in the Office of Mayor.
�.) The City Mana�er announced tihe City received
a request from the 1-[o1y Family Parish for a
�empor.lry on-sale nonintoxicating liquor license
on 5eptember 8& 9, lg��•
It was moved Uy CouncilmAn I�ackes, seconded
pub 1ic hearing f. or Sep tember 4, 1979 .
The motion passed 5-4.
by Councilman Ra11es, to set
2) Westwood Hills L,and Acquisltion - Zr ��'aSthevWesbWooduHill.s�land ��n�
seconded by Couneilman Elstrom, to complete
acquisition; tl�at $270,000 would be transfered as needed, and the balance
would be paid upon availability of funds from reprogramming o£ Community
Development Program money, noti to exceed one year.
The motion passed 5-0.
CLAIMS, APPROPRIATIONS AND CONTRACT_PAYMENTS
13a. �Ierified L'pon motion by Councilman Bacices, seconded by
Claims Councilman Elstrom, rhe list of verif ied claims
prepared by the Uirector of Finance and directed
to the City Council, dated August 6, 1979, in
the,total amounts of $462,021.98 for vendors and $22,031.88 f or payroll
were approved, and the City Manager, City Clerk and City Treasurer were
authorized to issue checks in the same amounts by a vote of 5-0.
13b. Contract Payments; Contract payments
Resolt�tions 6327 & 6328
It was moved by Councilman Martin, seconded by
Councilman Backes, to approve and authorize the
following partial payments:
1. Partial payment, Project 7R-2Q, City Iiall garage,
George F. Cook Construction Company. Amount: $45,209.7�•
�. Partial payment, Project 7fi-20, City Hall garage,
Sun Mechanical Company, Amount: $7,740.
3. Partial payment, Projects 79-13, 78-1�4� 7g-46, paving, curb
and gutter, Hardrives, Inc. Amount: �7,425.
l}, Partial payment, Projects 78-01, 78-03, 78-33, 78-3I, 77-�'l,
paving, curb and gutter, C.S. McCrossan, Inc. Amounk: s31'S��g�St
-228-
_ �----�^'^'-�""'"''`�' f
i4 .
.�.
,s,,,�•.,_�
�-----
City Council minutes, August 6, 1g79
5. �'artial� payment, Pro j ects
ligtiting, Collins Electric Co.
77-i1C, 78-4;, 78-44, street
Amount: $27,5p7,60.
6. P�zxti��l payment, Projects 77-11A, 77-11B, 74-22, Part I
paving, curb and gutter, Hardrives, Inc, Amount: '
$70,484,39.
7. Partial payment, Project 79-52A, demolition and removal of
Foo Chu Cafe. Amount: $9,720,
8. Partial payment, Projects 78-41, 79-01, 79-03, 79-08 and
19-43, street paving, sidewalk and misc, utilities, �iardrives,
Inc. Amount: $32,351.29.
The motion passed 5-0.
It w�s moved by Councilman Bacices, seconded by Councilman Martin, to
waive reading and adopt Resolution No. 6327, entitled "Resolution
accepting work on Altitude Valve, Tank 4, Improvement No. 78-25," and
Resolution No. 6328, entitled "Resolution accepting work on watermain
and sanitary sewer, Improvement Nos. 73-26; 73-27, 78-23, 78-27, 78-29
78-30," accepting work and approving the follotaing final payments:
. . ,�, �
9. Final payment, Project 78-25, altitude valve,
Lee Richert Plumbing. Amount: $2,334.50.
10. Final payment,
and 78-30, watermain
Amount: $9,690.97.
The motion passed 5-0.
Adjournment
and
Projects 73-26, 73-27, 78-23, 78-27, 78-29
and sanitary, Progressive Contractors, Inc.
On motion of Councilman Backes,
Councilman Meland, the meeting
at 11 p.m. by a vote of 5-0.
�� ,
L e W . Hanlcs
President Pro Tem
-`��ulll� �ecretary
�
-229-
seconded by
was adjourned