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HomeMy WebLinkAbout1980/12/01 - ADMIN - Minutes - City Council - RegularMINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA December 1, 1980 1. Call to Order A regular meetin� of the City Council was called to order by Mayor Phyllis McQuaid at 7:35 p.m. 2. Presentations 3. Roll Call h. 5a. 5b. None. The following Councilmembers were present at roll call: Ronald Backes Jerrold �lartin Lyle Hanks Phyllis McQuaid Also aresent were the Actina City Manager, Director of Planning, City Attorney and Director of Public lJorks. Approval of Minutes It was moved by Councilman Backes, sec- onded by Councilman Hanks, to approve the minutes of the special City Council meeting held November 17, 1980. The motion passed 4-0. It was moved by Councilman Hanks, seconded by Councilman Martin, to approve the minutes of the regular City Council meeting held November 17, 1980 as an�ended to read: page 426, second paragraph from the bottom, first line, change the word lease to special permit and that the oerr�it was for the railroad storaqe.oroperty; an�i that on paqe 418 Councilman Backes had said that Hr. Neber had suffered grief. The motion passed 4-0. �proval of Consent Agenda The motion passed 4-0. Aporoval of Agenda followinq additions: 39th Street and Park Item 13b(10) partial by Mayor McOuaid. It was r.ioved by Councilman Nanks, sec- onded by Councilman Backes to approve the consent aqenda for December 2, 1980. It was moved by Councilman Backes, sec- onded by Councilman Martin, to approve the agenda for December 2, 1980 with the Item 7d, Cliff Dahl, and Item 8e, Resolution in re Center Blvd., as requested by Councilman Hanks; and payment to Bud Johnsan Construction as requested The ►notion passed 4-0. -429 City Council meeting minutes December 1, 19R0 PUaLIC HEARINGS 6a. Zoninq Ordinance Study of the zoning ordinance to elim- Language change inate "and other similar uses" as pub- lished in Notice of Hearing, November 19, 1980. 7here being no one wishing to speak, the Mayor declared the hearing closed subject to the right of the City Council to subsequently reopen the public hearing and continue it to a future date. Councilman Martin said it appeared that this ordinance change affected only those areas specifically �entioned in the ordinance. He asked if any thing not specifically state� in any of the ordinances as a use in that district is then excluded. He asked why the ordinance was being revised. Councilman Backes said the present language made it difficult for staff to interpret what was permitted. Councilman Martin asked what options were available to staff. Councilman Hanks replied that presently the only way for staff to get clarification is to request an interpretation from Council. It was moved by Councilman Nanks, seconded by Councilman Backes, to waive reading of the ordinance and set second reading for December 15, 19�0. The motion passed 4-0. 6b. A lication for off-sale • Application of G. M. Bukstein for an liquor icense off-sale non-intoxicating liquor license for 3.2 beer at Sol's Superette 7240 Cedar Lake Road, as described in Notice of Hearing published Novem- ber 26, 1980. There being no one wishinq to speak, the Mayor declared the hearing closed subject to the riqht of the City Council to subsequently reopen the public hearing and continue it to a future date. It was moved by Councilman Martin, seconded by Councilman Backes, to vrant the license. 7he motion passed 4-0. PETITIONS, REQUESTS, COMMUNICATIONS 7a. Bingo A notice of intent to from Minnesota Brass, filed by consent. -430 conduct bingo Inc. was ordered City Council meeting minutes December 1, 198p 7b, Bingo 7c. Bingo A notice of intent to conduct bingo fror� American Legion Post 282 was ordered filed by consent. A notice of intent to conduct bingo from the Knights of Columbus was ordered received for filing by consent. 7d. Cliff Dahl Councilman Hanks said that Mr. Dahl wished to address the Council. Mr. Dahl said that the Senior Center at Lenox Community Center was now completed and that it was a most beautiful senior center. He said that he and all the seniors wanted to express their thanks to the Council for their help and cooperation in bringing this center to the community. Mayor McQuaid commented that the seniors themselves were certainly deserving of the majority of the credit. 8a. Ordinance in re beveraqes RESOLUTIONS AND ORDINANCES First reading of ordinance relating to sale of non-intoxicatinc� and intoxicating beverages. It was moved by Councilman Martin, seconded by Councilman Hanks, to reject this ordinance. Councilman Martin said he felt this was a civil matter and that it was not the business of Council to become involved. He said he felt establishments had the right to refuse service to anyone they chose. He said it was not,fair for only the four Councilmembers present to make a decision on this matter. It was moved by Councilman Backes, seconded by Councilman Martin, to defer this matter to January 5. The motion passed 4-0. ab. Town's Edge Ford: Amendr�ent to special permit; Resolution No. 6714 Resolution in re Town's Edge Ford request for amendment to special permit. Mr. Andy Shea, 38th Floor, IDS Center, Minneapolis, stated he was available to clarify any outstanding points and that he wanted to present different lancluage to be incorporated into the resolution before Council. Councilman Backes asked if staff had seen that language. The Director of Planning said he had reviewed the proposed language and wanted to make the followinc� points: In item 12, it was difficult -431- City Council meeting minutes December 1, 1980 to make the effective date of the resolution retroactive and that actually the item only pertained to the northern portion of the service building; in item 13 regarding the liquidation of the truck phase of the business, he recommended that there should be a date specified by which time all trucks would be removed from the pre�ises; in item 14, he said it was staff's understanding the former premises of Kay Motors on Minnetonka Blvd. was to be vacaied and therefore he questioned the language "shall not utilize" the former premises of Kay Motors. The.Director of Planning said that on this point, however, the resolution need not be specific. Councilman Backes said it appeared inappropriate for one resolution to be referring to two different properties in the City. The Director of Planning said that in awarding the special permit, the consolidation of the two properties was implied. Followina further discussion of the language of the resolution, it was �oved by Councilman Hanks, seconded by Councilman Martin, to adopt Resolution No. 6714 entitled, "A resolution amending Resolution No. 6047 and granting permit under Section 14-124.101 of the Ordinance Code to permit new and used automobile and non-heavy duty truck sales in a planned unii development district at 3551-3555 Highway 100 So." incorporatinQ revisions to.item 12, 13 and 14 as follows: 12. The sale and display of �otor vehicles on the site shall be permitted in accordance with Exhibit R-la, so that the prior designed write up area may be utilized as a showroo� for vehicle sales and display as shown on said Exhibit A-la �nd the liahting of the adjacent out�oor area r�ay be m�ide cor�;parable to that area adjacent to the prior existing showroor�i. 13. The ����E�licant represents and warrants that Torm's Edae Ford, Inc. h�is dctermined to cease the sale and �ervice of heavy duty tri�cks and pursuant to sai d det�rmi nati on iias 1-educed i ts i nventor;� of said i�eavy duty trucks and shall cease the sale, service, and display of heavy duty trucks on or before June 30, 19�1. 14. Tl�e a�plicant represents and warrants that Kay �lotors, Inc. has de ter-mi ned to cease i ts use of the prerni �c�s a t 5101-512� �4i nnetonka anulevar•d for the sale of new and used r�otor vehicles and, from and afler the date of the adoption of this resolution, shall not utilize said premises for the sale of new and used motor vehicles. There shall be no service of vehicles after December 31, 19�2. The motion passed 4-0. 8c. Town's Edge Ford: Outdoor storage �a�rd Resolution No. 67�5 Resolution relating to zoning to permit outdoor storage yard at Town's Edge Ford. Mr. Shea said that two years of Town's Edge Ford's five-year lease -432- City Council meeting minutes Dece�ber 1, 1980 have passed and that they now require renewal of the special permit for the outdoor storage yard. He said they would like to propose some changes in the language of the resolution granting the two-year permit. Councilman Hanks said he would approve the addition of the para- graph to item No. 7 as requested, but that he would not accept the lanquage operable, new and used motor vehicles." He said he would prefer some word such as "light" trucks to avoid any misunderstanding with regard to heavy-duty trucks. Followino discussion, it was ac�reed the the phrase'bperable non-heavy duty trucks" would be acceptable language. It was moved by Councilman Martin, seconded by Councilman Hanks, to waive reading and adopt Resolution No. 6715 entitled, "A resolution qranting permit under Section 14-171(6)(z) of the St. Louis Park Ordinance Code Relatinq to zoning to permit outdoor storage" as amended to include the phrase operable non-heavy duty trucks in the title and conclusion of said resolution. The motion passed 4-0. Ordinance in re First reading of ordinance relating tow trucks to parking of tow trucks on or near residential use district properties. It was moved by Councilman Martin to reject the ordinance. The motion died for lack of a second. It was moved by Councilman Hanks, seconded by Councilman Backes, to defer the matter to January 5, 1981. The motion passed 4-0. • 8e. Stop signs: 39th and Park Center Blvd. Resolution No. 6724 Traffic study No. 254: Park Center Boulevard. 1t was moved by Councilman Hanks, seconded by Councilman Backes, to waive reading and adopt Resolution No. 6724 entitled, "Resolution authorizing placement of traffic control signs on West 39th Street anr� Park Center Boulevard." The motion passed 4-0. REPORTS OF OFFICERS, BOARDS AND COPIMITTEES 9a. Minutes of Plannir ng The minutes of the Planning Commission Commission meet�nq meetinc� held November 19, 1980 were ordered filed by consent. -433- r�' .�:W• . Cit.y Council meeting minutes Oecember 1, 1980 9b. Minutes of Cor.imunit Re ations Comnission The minutes of the Community Relations Comnission held November 13, 1980 were ordered filed by consent. 9c. Minutes of Charter The minutes of the Charter Comnission Comnission meeting held November 18, 1980 were ordered filed by consent. 9d. Minutes of Housing R Redevelopment Authority_ 9e. Minutes of the Human Rights Commission The minutes of the Housing and Redevelop- ment Authority meeting held November 11, 1980 were ordered filed by consent. The minutes of the Human Rights Com- mission meeting held November 19, 1980 were ordered filed by consent. 9f. Traffic stud : Vir inia Traffic Study No. 254: Virginia Avenue venue; from Minnetonka Blvd. to Texas Ave. Reso ution Nos. 6716, 6725 Councilman Backes asked if the Ward Councilman were in favor or the action reqarding traffic control signs as proposed in the two reso- lutions. The Director of Public Works said that the Ward Councilman had been invited to the �eighborhood meeting when this matter was discussed but that he had not been in attendance. Councilman ttartin said as he understood it, Virginia Avenue would now be the throuqh street. He said he felt this was the proper corrective action to eliminate the existing cul-de-sec configuration. He said he was in agreement with the proposal. It was moved by Councilman Hanks, seconded by Councilman Backes, to waive reading and adopt Resolution No. 6716 entitled "Resolution es- tablishing traffic control signs on Texa-Tonka Avenue and Virginia Avenue" and Resolution No. 5725 entitled, "Resolution establishing removal of traffic control signs on Virginia Avenue." The motion passed 4-0. 9g. Railroad crossinq signals; Resolution t�o. 6717 Railroad crossing signals on the south frontage road of Nighv�ay 12 between Zarthan and Colorado Avenue. It was moved by Councilman Ha�ks, seconded by Councilman Backes, to waive reading and adopt Resolution No. 6717 entitled, "Resolution authorizing execution of an agreement between the City and the t�linnea- polis, Northfield and Southern Railway Company, Inc. for the installation of railroad crossing signals on the south frontage road of trunk High- way 12.". The motion passed 4-0. -434- City Council meeting minutes December 1, lggp 9h. Amhurst traffic Amhurst traffic signal request. siqnal It was moved by Councilman Backes, seconded by Councilman Hanks, to direct staff to make a request to Nennepin County for a temporary traffic signal at the intersection of the County Road 18 extension and the access to Amhurst. The motion passed 4-0. 9i. Traffic stud : Edgewood Avenue Resolution No. 6718 Traffic study No. 255: 2238 Edgewood Avenue It was moved by Councilman Hanks, seconded by Councilman �4artin, to waive reading and adopt Resolution No. 6718 entitled, "Resolution a�.ithorizina installation of two-hour parking restriction at 2238 Edgewood Avenue." The motion passed 4-0. 9j. Special permit: 1345 Idaho Request of Donald A. Nornig for a Avenue special permit to allow a 12-unit Resolution Pao. 6719 apartment building located at 1345 Idaho Avenue. Pir. Horniq was asked if the conditions contained in the resolution were understood and acceptable to him. He replied that they were acceptable. It was move�i by Councilman Martin, seconded by Councilman Backes, to waive reading and adopt Resolution No. 6719 entitled, "Resolution qranting permit under Section 14-141 of the St. Louis Park Ordinance Code relating to zoning to permit a 12-unit apartment dwelling for property located in the R-4 District at 1345 Idaho Avenue South." The motion passed 4-0. 9k. Request for special permit: Request for special permit by General Nickels & Dimes Growth and Nickels & Dimes. Councilman Hanks said that he had been approached by citizens concerned about this matter. He said those citizens had been told by a member of this Council that when the special permit had been granted to General Growth for the Kno�lwood project that any part of the project which affected the neighborhood would be discussed first at a neighborhood meeting. He said he felt that if citizens had been told a neighborhood meeting would be held, that commitment should be honored. Herb Davis, representing General Growth & Development Corp., said that it was his understanding that the matter was to be deferred to January 5 and that the Director of Planning was to arrange such a neighborhood meeting. He said he hoped such a meeting could be planned as early as possible so that representatives from General Growth could arrange to attend. -a35- City Council meeting minutes December 1, 1930 It was moved by Councilman Hanks, seconded by Councilman Martin, to defer the matter to January 5, 1981 and that staff be directed to work with Mr. Davis to set an appropriate time for a neighborhood meeting. Councilman Backes said that this matter was brought before Council for an interpretation of the language in the zoning ordinance and whether or not the proposed use was consistent with "or similar uses" language in the zoning ordinance. He said that he had previously suggested that if there is community concern regarding the occupancy of these uses throughout the comnunity, perhaps these uses ought to be treated like restaurants and the zoning ordinance amended to allow these uses by special permit only. He said he recalled that Council reacted favor- ably to his suggestion and it was also agreeable to staff, but it was his understanding the matter did not come before the Planning Commission. He asked for comment from staff. The Director of Planning said that the Commission ha� studied this matter but had rejected issuing special permits for this type of use. He said the Commission had also studied defining this type of use as an accessory use, similar to a gift shop in a hospital lobby, but had also rejected that. He said that that was where the matter stood at the present time. Councilman Backes said he felt the problem was less with the language of the ordinance and more with planning, development, special permits, land use and so forth. He said if the operation of Nickels and Dimes is a typicai shopping center use, then their application should be approved because land use at Knollwood is for a shopping center use. He said he felt the Planning Commission has not addressed the problem with the zoning ordinance but rather has tried to kill this use. Councilman Martin said that he agreed with Councilman Backes. He said he felt it was a permitted use and that the matter was properly one between landlord and tenant. Councilman Backes said he would not be in a position to vote on a special permit tonight with some of the Council absent. He said he felt a meeting between the landlord and the neighborhood citizens was more appropriate than a meeting between the City and the neiqhborhood. Mayor McQuaid said she shared the concerns of the neighborhood people who have expressed their concerns to her. She said she does not feel Y.nollwood can be compared to a Ridgedale or a Southdale, namely that you have to drive to those centers to shop as opposed to Knollwood which is accessible by foot. Citizens' concerns are that young people will go to Knollwood to hangout. She said the residents feel they were not consulted about this type of potential tenant. It is her concern that previously if the citizens had been told they would be consulted on matters of importance relating to Knollwood, they should be consulted. Councilman Backes said this matter could lead to problems for future Councils in shopping centers which lease to tenants. He said it is questionahle to sit in judgment on who goes into a shopping center and apply that determination to the Zoning Ordinance. -436- �. City Council meetin4 minutes � December 1, 1980 � It was moved by Councilman Martin to defer the matter to January 5. The motion died for lack of a second. Councilman Hanks said he was confused by what he was hearing. He said that previously there was enthusias� for General Growth to proceed. He said he could not believe General Growth would put in any operation that would be upsetting to the neighborhood. Ne said he felt it was important for Nickels and Dimes to make their plan known to the neigh- borhood people and perhaps the City had no place in being involved. �dr. Davis said he was not aware they were to meet with any neighborhood citizens. He said the first he was aware of this was when the Ward Councilman called to inquire about a meeting. P1r. Oavis said he and Mr. Herbst and P1r, Engle from General Gro►vth would be happy to meet with any concerned citizens. He requested direction from Council how to proceed. He did say they were concerne� that every ti�e they find a tenant, a neighborhood meeting would have to be held. He said that a general guideline as to what was and was not a desirable tenant was fine, but that a neighborhood meeting each time was out of the question. Councilman Hanks said Council had only questioned one tenant out of some 55. �1r. Davis said the reason they were appearing before Council was be- cause a building permit was denied. Mayor McQuaid said Council was only attempting to protect the rights of the people of St. Louis Park and that undoubtedly a more conventional tenant would not cause any problems. She said that the Director of Planninq would be happy to arrange the neighborhood meeting. Councilman Martin asked how long this matter was going to go on. He said he could not agree with a neighborhood meeting and that CounciT ought to set a policy of non-involvement. Councilman Backes said he did not recall Council making any commitment to involvement in the selection of tenants but rather in matters of landscaping, traffic, and so forth. It was moved by Councilman Hanks to table the r�atter. The motion died for lack of a second. Mr. Davis said he spoke with the Ward Councilman who expressed a desire to defer the matter to January 5 and that a neighborhood meeting be held prior to that time. He said that this would be acceptable to General Growth. It was moved by Councilman Backes, seconded by Councilman Hanks to defer the matter to January 5 and that a neighborhood meeting be held prior to that date and that staff be directed to assist in coordinating such a meeting. The motion passed 4-0. -437- --•� City Council meeting minutes December 1, 1980 91. Frantz Klodt: Special permit request; Resolution No. 6720 Request of Frantz Klodt & Sons to amend an approved special permit for construction of a hotel/restaurant lo- cated at 1400 Vernon Avenue. It was moved by Councilman Martin, seconded by Councilman Hanks, to waive reading and adopt Resolution No. 6720 entieled, "A resolution a�ending Resolution No. 6486 grantinq permit under Section 14-124 of the St. Louis Park Ordinance Code relating to zoning to permit a hotel and Class I restaurant for property located in the Diversified Develop- ment District at 1400 Vernon Avenue." The motion passed �-0. 9m. Sk�rehill Townhomes; Resolution Nos. 6721, 6722 Request for special cluster housing and Townhomes. permit: 34 units of final plat, Skyehill It was moved by Councilman Martin, seconded by Councilman Backes, to waive reading and adopt Resolution �Jo. 6721 entitled, "A resolution granting permit under Section 14-126(5) of the St. Louis Park Ordinance Code relating to zoning to permit a 34-unit cluster housing for property located in the R-1 district on 6Jestwood Hills Road" and Resolution No. 6722 entitled, "Resolution giving approval of final plat of Skyehill Townhomes." incorporatina the conditions as outlined in staff's report. Councilman Hanks said he was concerned about the road coming downhill but did not see anything in the report with regard to a barricade. He asked staff to comnent. The Director of Planning said that a provision of the contract called for the subdivider to provide such a barrier and that it is delineated along with the other roadway specif�cations in the contract. Councilman Hanks asked if this barrier plan would come back to Council for consideration. The Director of Planning stated it was part of the plans and specifi- cations approved by the Engineerinq Department, but that if Council wished to review it, they could do so. Mayor McQuaid said she had spoken with Councilman Ralles who said he had visited with the property owner where the barrier would be erected and that the plan was satisfactory to him. Mr. Krinke, 1340 Texas, the property owner, said he had thought the matter over and decided the barrier was not good enough. He would like to see it made of posts and timber instead of timber and chain. Following discussion of the barrier, Councilman Hanks asked if the design for the barrier could be reviewed by Council. The Director of Planning said it would be. -438- City Council meeting minutes �ecember 1, 1980 Mr. Krinke expresse�j his concern as to when the barrier would be erected. He wondered if it would be put up prior to the commencement of con- struction. The Director of Planniny said that the timing of construction would be included in the discussion of the erection of the barrier. If space permits, the barrier could probably be erected prior to construction. Mr. Alan Rosenauer, 1435 Westwood Hills Road, addressed the Council to exoress his concern that Council does not really care what the residents of Westwood Hills Road think about this project. P1ayor P1cQuaid said that the good of the entire cormwnity is the concern of Council. She said that Council has been very patient in listening to his cor:ments and criticisms on several occasions. She said that even thouqh Mr. Rosenauer is opposed to this project, it is Council's belief that it is a workable, feasible and desirable housing project. �4r. Rosenauer brought up the subject of Mrs. Foss' property and questioned the time frame in which development would start on her property. The Director of Planning explained that this was not possible to pre- dict but that at such time as she decided to sell, the development plans for her prooerty would have to be consistent with the overall concept of the entire development. Councilman Backes said that the action before Council was to approve a special permit and that Mr. Rosenauer's comments were not appropriate It was moved by Councilman Hanks, seconded by Councilman 14artin, to amend the resolution to include provi�ions for the roadway barrier adjacent to Mr. Krinke's property requiring that a final, detailed plan of the barrier design be presented to Council for its review. The amendment was acceptable to tMe original makers of the motion. The motion to adopt the resolution as amended passed 4-0. REPORTS OF OFFICERS, BOARDS, C0�IMITTEES 10a. Roards and Comnissions Appointments to Boards and Commissions. Mayor McQuaid noted that the addendum to the report should not yet be acted upon since staff has been notifyinq area businesses of the vacancy on the Fire Civil Service Conxnission so as to encourage applications from people who miqht be interested in serving on the Commission. She said that before Council conducts any interviews, it would be a good idea to see if any further references are forthcoming. lOb. Community Block Grant_ Community Development 61ock Grant program preliminary application. The Acting City Manager explained that if Council felt the concepts as -439- y,-.. .�.::. ---... City Council meeting minutes December 1, 1980 oresented in its report were ones they wanted to pursue in its appli- cation for Co�munity Development Block Grant funding, it would be appro- priate for the approving motion to so state. With reference to the sug- gestion made by Ms. Tschida of the Housin� and Redevelopment Authority, she said staff had researched the matter and finds the City cannot provide money to people in terms of a housing allowance. She said that a possible solution to the proble� of the large family housing situation is for the City to look into the supply of available buildings and that staff is currently studying this situation. It was moved by the preliminary as outlined in Councilman Hanks, application with the staff report. seconded by Councilman t�artin to approve the inclusion of the potential activities Councilman Hanks said he would not like to see the City in the position of usina Community Development Block Grant funds for housing assistance because at some point, if the funds were no longer available, the people receiving assistance would probably have to be told to move elsewhere. He said that one of his concerns is that if CDBG funding is stopped, the City would have to turn to the budget for supplemental funding and therefore the selection of activities for funding should be very carefully thouqht out. The motion nassed 4-0. lOc. Mortgage revenue bond ro ram Single family/multiple family mortgaqe revenue bond program. It was moved by Councilman Hanks, seconded by Councilman Backes, to defer this matter to December 15, 1980. lla. Liquor license renewal NEW BUSINESS Annual intoxicating liquor license renewal (1981). Following review of the list of police department contacts for 1980, it was moved by Councilman Hanks, seconded by Councilman Martin, to approve the following liquor licenses for 1981 as categorized on applications for renewal: A1's Liquor Store, Inc., Ambassador Hotel, Anchor Inn, Inc., Bernie's Delicatessen, Bunny's Liquors, Byerly's Liquors, Classic Motor Company, Jennings Red Coach Inn, Jose's, King's Inn, Knollwood Liquor Store, Northern Franchises, Inc. dba The Leaning Post, Lincoln Del West, Vernon Beck & Assoc. dba Liquor King, Miracle Mile Liquors, Otten Realty, Philip's Investment Company dba Park Tavern, Reiss Liquors, Spirits of St. Louis, Steak & Ale of Minnesota, TGI Friday's,Tonka Liquor Store, Vant Hull Liquors, Westwood Liquor Store, American Legion Club, t4innea- polis Golf Club, VFW Club, Mediterranean Cafe, and Nicholas Homan dba Park Pizzeria. Councilman Backes said that he noted two violations that had not been brought to Council's attention. One was at Jennings on t4ay 11 and one at Timothy 0'Toole's on February 14. He asked for a report from staff at the next council meeting. -440- City Council meetinq minutes �ecember 1, 1980 llb. Environmental Health Services Agreement with Hennepin County for Environmental Nealth Services It was moved by Councilman Martin, seconded by Councilman Backes, to authorize the �4ayor and City Manager to execute the agreement. The motion passed 4-0. llc. Second floor remodeling Change order: Remodeling of second floor, City Hall. It was moved by Councilman Backes, seconded by Councilman Martin, to approve the change orders. Councilman Hanks asked when the project was to be started. The Acting City Manager replied the project was to comnence within a matter of days. The motion passed 4-0. 12a. Damaqe claims MISCELLANEOUS Stanley Ekstame. �2b• Corrmunications from Mayor McQuaid read a letter from the the Mayor chairman of the Hennepin County Board of Commissioners with reference to a resolution endorsing the intent of the Hennepin County Regional Railroad Authority to preserve the right-of-way of the Chicago & Northwestern rail line between Minneapolis and Norwood for public use. She said she felt Council would probably not wish to adopt a resolution at this time without more knowledge of the ramifications of the Railroad Authority Act. She asked Council what information they would like to receive before acting on this request. It was moved by Councilman Hanks, seconded by Councilman Martin, to table the resolution. The vote was 2-2 (Councilman Backes, Mayor McQuaid opposed). It was r�oved by Councilman Backes to defer the matter to December 15 and direct that staff research the matter. The motion died for lack of a second. Following discussion of the matter, it was moved by Councilman Hanks, seconded by Councilman Martin, to refer the matter to staff for its comnents and report back to Council. The motion passed 4-0. -441- City Council meeting minutes December 1, 1980 Larry Kirchner addressed the Council and said it might be very interesting to see how this matter related to Council's position state�ent on Highway 12. He suggested contacting the Federal hiqhway officials in the regional office for more information. Mayor 11cQuaid said she would pass the letter and resolution along to the City Manager for further research. 12c. Communications from the Acting City Manager None. CLAIMS, APPROPRIATIONS, CONTRA�T PAY�IENTS 13a. Verified claims It was moved by Councilman Backes, sec- onded by Councilman Martin, that the list of verified claims prepared by the Director of Finance and directed to the City Council dated December 1, 1980 in the total amount of $302,772.20 for vendors and g6,247.67 for payroll be approved and the City f•lanager and City Treasurer be authorized to issue checks in the same amount by a vote of 4-0. 13b. Contract payments: Final It was moved by Councilman Hanks, sec- Resolution No. 6723 onded by Councilman Backes, to waive reading and adopt Resolution No. 6723 entitled, "Resolution accepting work on City Hall garage, Project No. 78-20 " and to authorize the following contract payment: l. Final payment: Project No. 78-20, City Hall garage, Sun Mechanical & Electrical Co. Amount: �5,832.50. Contract payments: Partial It was moved by Councilman Hanks, sec- � onded by Councilman Backes, to authorize payment of the following partial contract payments: 2. Partial payment: Projects 30-11, 89-15, 89-17, 89-26, 80-30, 80-41, a0-11A, 80-57, 80-48, street lighting, Premier Electric. Amount: $83,654.75. 3. Partial payment: Project 79-35A and 30-23, street reconstruction, sanitary sewer and related work, Northwest Asphalt. Amount• 28,2a2.58• 4. Partial payment: Project 77-54, timber walls & play structures, Kahnke Brothers, Inc. Amount: 14,155.00. 5. Partial payment: Project 80-23, sodding, seeding, topsoil work in Carpenter Park, St. Louis Park Landscaping. Amount: $21,655.25. 6. Partial payment: Projects 80-02, 80-06, 80-29, pa,ving, curb, gutter, sidewalk, random repair. Progressive Contractors: Amount: 9,715.51. 1. Partial payment: Projects 77-26, 78-41, 79-41, i30-05, a0-07, �30-08, 80-25, a0-38, 80-40 paving curb & gutter, sanit. sewer. Northwest Asphalt. Amount: $20,469.11. -442- City Counci 1 meeti ng mi nutes December 1, 1980 8. Partial payment, Projects 79-42, 80-19, sanitary sewer and water main, Brown & Cris, Inc. Amount: �20,156.24. 9. Partial payment, Prajects 80-01, 80-28, 8p_42 80-566, paving, curb & Gutter, parking lot and a�le9' 80-56A, Northwest Asphalt. Amount: $18,a03.60. Y paving. 10. Partial payment: Project 79-57, Westwood Hills Environmental Center, Bud Johnson Construction. Amount: $14,674.00. The motion passed 4-0. 14. Adjournment On motion of Councilman Hanks, sec- onded by Councilman Martin, the meetinq was adjourned at 9:50 p.m. by a 4-0 vote. Attest: ;/ �I� / � P t Smith Recording Secretary ����� ,��, _e Mayor -4n3- - �._ .. _� F � r ;