277588 WNITE - CITY CLERK �����
PINK - FINANCE
CANARY - DEPARTMENT COU[IC1I �
BLUE - MAYOR GITY OF SAINT PAUL File NO.
RETURN COPY TO VALUATION BUREAUI'OUn il, es l ion
Presented By .
Referred To Committee: Date
Out of Committee By Date
WI�REAS, the Cauncil of the City of Saint Paul approved C.F. 276202,
C.F. 27637�+, C.F. 276203, C.F. 276375, C.F. 277106, arid. C.F. 277279, which
authorized the grading and pavin�, construction of concrete curb and gutter,
construction of sewer, construction of water service connection arxl slopes
easemerrts in Idaho Avenue from Galtier to 123 feet east of Ga.ltier; and
T�REAS, the proper City officials having received authorization from
the City Council to proceed with the pro�ect directed the Departmen� of Public
Works to perform the en�ineerir� work, }�s at this time incurred costs in the
amount of $1,�+00.00 for the design of the said improvements; an,d
WI�REAS, the property owners that would be affected by said improvements
have reconsidered and now desire that -P.he pro3ect naw be cancelled; therefore,
be it
RESOLVID, that the following City Council Orders are hereby cancelled,
rescinded and annulled: C.F. 276202, C.F. 27637�+, C.F. 276203, C.F. 276375,
C.F. 277106, and 277279 and; be it
FURTI�R RESOLVID, that the proper City officia.ls are hereby authorized and
directed to bill the property awners th�t would ha.ve been affected by the
improvements for the cost of engineering incurred by the Department of Public
Works, and sa.id bill be determined in the same manner and ratio as the assess-
ment for the cancelled improvements would have been levied.
COU[VCILMEN Requestgd by Department of:
Yeas Nays
Hunt � Fina e and ent Services
Levine In Favor
Maddox
McMahon � B Director
Showalter - __ Against
Tedesco
Wilson
Adopted by Council: Date OCT 2 0 1981 Form Approved by City Attorney
Certified d by Cou �1 S� ta B � ��� � ��
By 3
Approved b avor. Date App d by Ma or foc S b ' s n o Coun�cil
By .�_� ,
PUBUSNED OCT 31 1981
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. � Gbuaci].man,V�otar Tsdssco , �
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, Chair�n, Public i�c�rka t)ammt�t�e ` � _ _,
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_. 2�ea�x� Council�maa T+edesco s ' ; � y ��
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Tb� City Couac�l re�erred to the Pub�.ie �Tdrk��=Cisrom3:tLee t'or , �a,
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„ ' � �Qns i deration aud reeomc�er�dati�.c�A, a r�esolut�c►n �$scindir� e�.l.
ari�rs` a� tdaho Avenue 'from t3s3.�ler 3t: t� 1�3< �eeti ea�et. ' � > ,
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CITY OF ST. PAUL COUNCIL F1LE NO.
FINAL ORDER
I3v —
File No. 181�:a. f�
In the Matter c�1 gra�dia�, �acid p�avin�,. �nd conatruct eor�crete curb end �utcez ,
in IA►I� AVBNII� �sam Ga 1 ti�r S cre�ee �0 12� fee t E�ss t. A1so, ccan�tnac C
s�ez end �a ter sesrvice �onascc t3on�.
.'
under Administrative Order approved
.�,.
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under Preliminar�� Order b:�U�--:'_�� approved � � � ` M ��"
Tlie Council of the City of Saint Paul has conducted a public hearing upon the above improvement, due notice
thereof having been given as prescribed by the City Charter; and
WHEREAS, The Council has heard all persons, objections and recommendations pertaining to said proposed improve-
ment and has fully considered the same; now, tllerefore, be if
RESOLVED, That the Council of the City of Saint Paul does herebv order that the above-described improvement
be made, and the proper City officers a�-e hereby directed and authorized to proceed with the improvement; and be it
FURTHER RESOLVED, That �pon the completion of said improvement, the proper City officers shall calculate
all expenses incurred therein and shall r port the same to the City Council in accordance with C:hapter 14 of the City Charter.
COUNCILMEN Adopted by the Council: Date
�'�� �. � ����
Yeas Nays
� _ Certified Passed by Council Secretary
� ^?�` Hunt
i^ ' '� Le�'ine � In Favor By
� ' Maddox j�
� " McM1.!ahon � —L�-Against
, Sho�r✓after Mayor
Tedesco
r
- �1+i4s�n
. � . . , �� ����
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City of St. Paul � ����'�c�
COUNCIL FILE NO.
PRELIMINARY ORDER
By
File No. 181$I S
In the Matter uf �y�g��$� �� �,�yX�g
��.x
���������� S lopes in II)AHO AVBNUE
,�,� condemning and taking an es�emez�t in the land necessary for the slopes,
cuts a.nd fills, incluciing right oY removal of Iateral support x'ram sub�ect
land or r�m�ainder th�reof, occa�ioned by excavatitons thereoY or construction
aP slapes in grading and paving the abo�ve ref'erenced atxeet.
� �
/�
under Administrative Order approved
The Counci] of the City of Saint Paul having received the report of the Mayor upon the above improvement, and
having considered said report, hereby resolves:
l. That the said report and the same is hereby� approved with no alternatives, and that the estimated cost thereof
is $ '� .
2 That a public hearing be h d on said improvement on the 17t� day of
February, Z9�1 , at 10:00 dclock a.m.; in the Council Chambers of the
City Hall and Court House Building in the City of Saint Paul.
3. That notice of'said pubiic hearing be given to the persons and in the manner provided by the Charter, stating the
time and place of hearing, the nature of the improvement and the total cost thereof as estimated.
COUNCILMEN Adopted by the Council: Date `�A� � 3 �98�
Yeas Nays
���`� Hunt Certified Passed by Counci] Secretary
�>�
Levine
�� '� ' Maddox ln Favor By
M:; McMahon
�,�"_.' Showalter --�-Against
, ?�1:i�'or
. � � . � �;,;�Y��J�� '
.. , - .._,:�
Citv of St. Paul COUNCIL FILE NO. �r � �t� ��
FINAL ORDER iN
Bv
CONDEMNATION PROCEEDINGS ��1�� �
File No.
1�1 tl�e hlattcr i�f� i€�f'i���$cfi��'�X�idp�?cxf�3+��:3tRl141t�Xlt4L�:�:R��hRA:1'�t�.�tia:��x�x'kT:
�e�i�;.:atza=��'«��•ri�`?�:�.�€����:�F'��°�#e��:��t����:.:��eMt>.��xxxR�tt!�xs�stttetg�.,cat�rt�c:��
:a's�'z#�:�C.��"°3���24�x,5�'i?F�fi��fi�a�a;4�#�x �lo�er i:� ;[i�►i�c? At+�NUE
�;���px ::�:,1e�;��_ir.:, a:::± tek.�n� a:z ea��er.� ir� thc� lrs„nd ue�ceasarx for the $lo?��.
c;�tv ar� -i"l.s. ir,:^i;zdii.�, ri,�nt o.�° reYmo�a�.l s� l�teral sur�rt frvm s�.kb�ect
1�;�:�i Jr• r���:�r�r thex�o°, occ�siorzed b;t- �xcs�vmt#oc�� there�P or con�tructi.a*
�� �:�a�.�:, ��; �.a�fri# az�cl �F�vi� the abova rei'erenc�� str�e�et.
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under Administrative Order approved
under Preliminary Order ! ��% :;? r�'_'� approved � � / �� � /
A public hearing having been had upon the,'' above improvement upon due notice, and the Council having heard
all persons, objections and recommendations relative tliereto, and having fully considered the same; therefore, be it
RESOLVED, That the Council of the City �f Saint Paul hereby orders said improvement to be made
RESOLVED FURTHER, That the Counc' hereby determines the estate required for this improvement to be
fee simple, absolute and easements as described�above; and the City Officers and City Attorney are hereby authorized
and directed to take all actions necessary to acc�uire said real estate by purchase or eminent domain.
:�JRT:�R �SCLVE�, That the Cc�a.ncil hereby determines that the estate requirec� for
this imrrovemer�� be as described �hove, a nd that the proper City officers subm.it a report
to t_�e Ci���T ;�o�znci� for ti�e purt�o�se of the Council's ��nak�ng an award o�" damages for the
interest acc7�.ired. and deterr,i�: �tior. of assessments, if any, against the benefited property.
COUNCILMEN Adopted by the Council: Date �E� � 7 {�8�
Yeas Nays
hur,t Certified Passed by Council Secretary
" Levire
Ma-;��ox In Favor By
M�".4ahon
� S�,ew?!`er �_Against
/ Mayot
� � � � � ��;:� ���� �s"���:��
Cit� of St. Paul COUNCIL FILE NO. �
� �
Resolution Approving Assessment By - - - -
and Fixing Time of Hearing Thereon lSli�l-S
and Fixing Time of Hearing on the Award File No.
of Damages
ln the matter uf Condemning and takiag an easement,'in Che land necessary for :i-:e
slnpes , cucs and fills, ir►cluding ri�ht r�f re�ovat of 18teral support fraw
sui;ject l�r.d ar reu�ainder ti�ereof, ocea�io�e�l �-y e�scavations ti�ereof or
conetructioa af slopes i� the gradircg and p�`ving oi II3AHU AVEId[IE, frc�� G�ltier.
S tree c ::0 123 feet Eas t. �`
/'
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under Administrative Order approved
276203 Jan. I3, 1981
Preliminary Order � approved
276375 Feb. 27, 1981
Final Order approved
The Director of Finance havi�ag submitted his report in the above matter as to the amount of damages awarded
for the taking of the ]and or eas9inents therein appropriated for the above improvement and to whom payable; and
also having submitted his assessr�ent of benefits to property from the making of said improvement, therefore be it
RESOLVED, That the saic�/assessment of bene6ts be and the same is hereby approved.
�
RESOLVED FURTHER, 7�'hat a public hearing be had before the Council upon said report and for a confirmation
of the award of damages ma by the Director of Finance and also upon the said assessment of benefits; at the Gouncil
Chamber, in the Court Hou e in the City of St. Paul on the ��t� day of
�-' `,�-���= � ��Z , at ten o'clock A.M., and that the Director of Finance be and
he is directed to give noti of said hearing as prescribed by the Charter.
JUL 7 �'�
COUNCILMEN Adopted by the Council: Date
Yeas Navs
�t�` ' Certified Passed by Council Secretary
Gf/.�%�
°`' In Favor By
".'_ _ � Against
Mavor
-,=---�---^----- ,
�T�
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Citv of St. Paul COUNCIL F�LE NO.
Resolution Fiatifying and Confirming BY
Condemnation and Awards of Damages �,g�;��;;�_�;
and Assessment Therefor File No.
In the matter c,f �anc�aa�ngn;* sit� t:a�cin�:, �r7 ��� �:�;. in rt�� ���cs neee�as�r; ��� �t,e
�icaga��, c..x;.� �uc? #�3Is, i�7ci:cc�i.�;; rf<+::�. af' r �1 BP l�atcral ��u�pcar� fra�n
�r.����e�ti l�us� cs: ree►ainc3e�� �sEer�cs�, �t:cr��i,br:t�rf e�� ��+c���;�iona ^_i erecrf. a:-
�rse�s��.r.ucc.iefre uf sln��s i;� z.'a►e €��a�tllr�A,, ���.? ��e���=' v�: IC�A�G AVB�. �rqA C,�I.�f.+�e^
����: :.c �.7:3 f�eec �a��..
� ,
under Administrative Order ! approver,L
276�83 �an. 13, l�l
Preliminary Order approved
27�3�5 Peb. 2�d 1�R
Final Order approved
A public hearing having been had upo the taking and condemnation of the lands or easements therein, for the
above improvement, and the award of dam es therefor, and also upon the assessment of benefits therefor, and the
Council having duly considered the same, no therefore be it
RESOLVED, That the taking and co emnation of the lands described in the annexed assessment roll, identified
by the signature of the Director of Finance and made a part hereof, and the awards of damages to the owners of such
lands for said taking and condemnation as set forth in said assessment roll, be and the same is hereby in all respects
ratified and confirmed.
RESOLVED FURTHER, That the s id assessment of benefits, be and the same is hereby in all respects ratified,
and the same is hereby ordered to be su mitted to the District Court for confirmation.
Au� � g ��a�
COiJNCILMEN Adopted by the Council: Date
Yeas Navs
, , Certified Passed by Council Secretary
_ (J
'�!'�_ ^' �_In Favor By
4 < � Against
;;c
Mayor
. � ` ` �� ~ ;��� -• � , � � � � - . ��� . ,
, �ti9 Ul: 1"L%1975
_ ' , Rev.:. 9�$��6
. . R�v, : - 5/7`8Q
£XPLANATTQN OF ADr92NISTRATIVE nRDERS, pev. ; 4/3t�f. 81
_ .c2ESOLU��IO:�S A:�� CRBI�v�'�:.CES
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Date: . Septel�er 2, i981 ��F L?F
SEP � _ �98� �p�'�RrMEtiT E���Ec
/�. OF�� �1�
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"� ,..� i V��+�. .
Td: ]�,y'p�` �Ol"�!"�$t°ij.ffi@1' � ' . "�
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FRO:�:: J, T�im. Dca�vsa, V�l: & �s�t�tsa. SqgiYleer, .mer�rt�ent of Ff�c� and, 1�e►g�,t�t
ser'vices (S�t. 5317) ,
�- _ R�ind3trg ail aa�der� ont Id�aho Aventue.f�'p�::E�sltier to 123 f'e�t ��t.
ACT�Q�t REt,�UEST�D:
�yc�'�s �t3��ture Por et�b�,isa3o�t to City Coi�icil.
PURPOSE. AND �TS0�IAT�E FOR TI?IS ACTION:
7. . , �. : ., ,
:,.
Th� a�A�eat Praper�Y c�rriers have recc�s3.d,�rec�, �he 3�prcnr�meat an�3 ccunriz�aced ' '
the Ci� Ccu�►eil to re��i� all orders. •
F2�3ANCIAL IniPACT c 4 . '
Pnblic Woske Dep�r�m,e�rt '!�s speat $1,�04.t�0 on esgine�er3�6 for t�is pro�ect.
�ate the laat r�solved s�.i.ch irtdica�ea the�t �re shatli�, ;� to rec�ver thi�;m�r . , �.-
(there is no legal way we caa as�ess �.� ama�nct '�ec►aw�� t�ere ewre nm"be�fi�r" .
to tbe paroperties). One 'c►f the txo .peap�.e wh4 xe irnt��cl to bill (Mr. 3pe�rgur) �
told Tcn Ktthfeld i.n Publ3c Works tl�At ?ie Ma,s �illing fi:o p�y his si�are of .the
City's_ eosts so fb�r.
k�"EAC�B: '
1', R�selntioa f'a� �igz��ure � . .
2. Capios cf resoluti<me befag reacin�d�d.
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• _`. , : �r�-�z- o� S.Aa�� �.�vz. .yl: ��t���
� . , ' OFFICE OF THE Cx7`Y COUYC�z. N# �
Xr>- ,�y` � �;� � -
=' ~ ♦rTj�Fr �. . , ��., . ' . . .
�tr • .�y'���� El,• � .-.. . .. �
'� � �� � �a t e : October 14, 1981 ' �
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C a i�� � ��°'T� � � � � C� �°�° � �� �-1;p� , .
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� . � � � �r r`r�K ����F1GE.� -. .'��
l°C� � Saint �eut .�i�� Co�ncti � �- � -
��Ca � � C�a'i'ir7l1�'��'t' .OtI PUBLIC WORKS . . f . . .
. Victor J. Tedesco�;,., chairman, �ctkes �fie tGtlawi��n . �
� � .� r�por� on `C��. : �. - ��arcti�rsitne� - - _ .
- [� Resolufi�n -
. � Q fitc e C' � -
. �����.:� . Res�cinding all orders on Idaho Avenue from Galtier St. to 123 _ft. east.
� Chairman Tedesco hereby notifies the•City Clerk to put this i�Gem on the
" City Council agenda Tuesday, October 20, 1981 ; and further states the � '
� recommendation to the Council �from the Public LJorks Commi�ttee� is "No
recommendation. " � . . .
. . � . . . ,.
�
CITY HAI.L SEVENTH FLOOR SAIYT P.4L'I,, tifIltic�tESOT� S�IOZ
- , =��:�
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__
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• ...������,�.::�:,. CITY C?F SAINT PAUL
� _'`�.T: o,.r�
=•• :��. OFFICE OF THE CITY CLERK
� ��'* ,>:
%+ itu� „111i ,:
;; ����� ���L�� �= BUREAU QF RECORDS
,,. _
., ,... 386 City Hall,Saint Paul,Minnesota 55102
�,���"°".••°�c''r 6t2-298-4231
GEORGE LATIMER
MAYOR
September 1?= 198�
Councilman Victor Tedesco
Chairman, Public Works Committee
7th Floor, City Hall
Dear Councilman Tedesco:
The City Council referred to the Public Works Committee for
consideration and recommendation, a resolution rescinding all
orders on Idaho Avenue from Galtier St. to 123 feet east.
Very truly yours,
. _ _ . ._ .__---- ��
����� 1
�
Albert B. Olson
City Clerk
ABO:la �
cc: Public Works Dept.
Finance Dept.
�•�
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� . . ,, ' ._, .��..
� WN1TE - CITY CLERK �
,;�����,_�
,YINK - FINANCE ^ j �
� CANARY - DEPARTMENT G I TY \.,/ �� ��1 I NT 1,L1 v L COUqCtE,t/�
B6UE - MAYOR F1I@ F�6f.
R�''TURP1 COPY TO VALt1E1TI0N BUREAU�'' ' es l ion
—�..,oun �l,
Presented By . ''�
Referred To Committee: Date
Out of Committee Qy Date
WHEREAS, the Cauncil of the City of Saint Pa.ul a.pproved C.F. �7���,
C.F. 276374, C.F. 276203, C.F. 276375, C.F. 277106, and C.F. 2'7727�1, t�rhich
authorized the gradin� and paving, construction of concrete cuxb and gutter,,
construction of sewer, construction of water service connectian and slopes
easem�nts in Icia.ho Avenue from Ga.ltier to I23 fee� east of Ca.ltier; and
47HEREAS, the proper City officials having received authorization from
the City Council to proceed with the pro�ect directed the Department of Publie
Works to perform �he engineerir�, work, ha.s at this time incurred cos�s in the
amount of $1,400.00 for the desi.gn of the sa.id improvements; and
WHEREAS, the property owners that would be af'fected by sa.id improvements
ha.ve reconsidered and ncna desire tha.� the pro3ect now be cancelled; therefore,
be it
RESOLVED, that the following City Council Orders are hereby cancelled,
rescinded and annulled: C.F. 276202, C.F. 276374, C.F. 276203, C.F. 276375,
__.__ _
C.F. 277106, and. 277279 and; be it
FURTHER RESOLVID, that the proper City officials are hereby authaxized and
directed to bill the property awners tha.t would have been affected by the
improve�zents for the cost of engineeri.ng incurred by �che Department of Public
�Torks, and sa.id bill be determined in the s�.me ma.ruier and ratia as the assess-
ment for the cancelled improvements would have been levied.
COU[VCi[„NEN Requested by Department of:
Yeas Nays
Hunt Fina. e and !' n g ent Services
Levine 1R Fc1VOC
Maddox
McMahon
Showaiter Against B _ ___ Director
Tedesco
W,��o� z�Lc'�
Form Approved by City AtEorney �'
Ad��ptt:d h�; Cuuncil: Date —
Ce•rritle•d }'.��s��d by Cuunci! S��cretory B �"t � '��
E;' ---------___ .�--- ___—___�___
AF���n�•_�•�.: '�•, tit.��:�u Vat�• ___ _ ._ _ . ------------------. '�pp v d by :Ylayo� for S b s n�o Counctl
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CITY OF SAINT PAIIL
INTERDEPARTMENTAL MEMORANDUM
T0: Victor Tedesco, Chairman Publ�.c Works Committee �
George McMahon, Member �
Ron Maddox, Member ,�,,`
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FROM: Tom KuhFeld , Public Works Department �.�� J
DATE : Oetober 5 , 1981
SUBJECT : IDAHO AVENUE from Galtier Street to 123 ° Ea�t.
The following is a short history/summary on how this pro�ect devel-
oped . I felt that Public Works looked poorly when the Slope Order
came before Council and 100� of tY�e abutting residents were opposed
to it . Hopefully , this will give you a better understanding of how
we get into this type of iness .
The project was started with a petition by Edward Brand who owned
the property on the south side of the street. He was building a
house 'on �`tiis property which he intended to sell, and felt paving `
the street would enhanee this property . `
The Final Order came before Couneil on February 28 , 19$1. The only
other abutting property owner, Mike Spargur, did not come and the
project was passed without opposition or comment . Mike is the owner
who presented the petition against the project recently .
After the Council passed the Final Order , everything went smoothly
for Publie Works. We made a survey , designed the projeat, adver-
tised for bids , and awarded a contraet. Construction was scheduled
to begin the day after the Council ra�ified the slopes Ewhich were
minimal in this case ) . �
Between the Final Order (February 28 , 1981 ) and the slope hearing
� (August 4 , 1981 ) , the original petitioner (Mr. Brand) sold the home
he had built on Idaho. The new owner (Urban Winter } now had 87 .3
feet of frontage , and Mr . Brand retair�ed 36.0 feet of frontage.
Apparently , Mr. Brand then lost his interest in the new street and
the new owner (who would have to pay the assessment) also did not
want the new street .
At 4 : 30 p.m. t;�e day before the slope hearingf I received a call
from Mr. Michael Spargur saying he was against the project and ask-
ing how eould he get it stopped . He said he would ra�her pay for
what we had spent up to this point than for a whale new road. I
; didn` t give him much hope for killing the projeet , but told him what
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I thought he would have to do. This was the Department' s first
indication that there was any opposition . He appeared at the hear-
in� the next day with a petition 100� against the project fineluding
the original petitioner) . •
Mr. Stahnke attended Couneil that day for Puhlic Works and
explained that we had done the design; and since the contractor was
scheduled to start the next day , there might he some damages . The
Council voted for a two week lay over with instiructions to determine
the costs and liabilities . My reading of Mr. Stahnke� s report and
the City Clerk' s repart led me to the conclusion that based on this
information the Council would make its decision on whether or not to
proceed with this project. � �
At the re-hearing on August 18 , 1981 , I explained why it had been
laid over, and reported that Public Works had spent $1 , 328 . for
surveying and design and that there would be no liabilities bo the
contractor if we backed out of this project . I then said that,
despite the apposi.tion , it was Public Works' recammendation to
proceed with the project. Nobody was there in oppositian and the �
Council approved the Order .
Shortly after this , I had a telephone conversation with Mr. Spargur
and indicated we we.re proceeding with the street work. He sueceeded
in getting this on the August 25 , 1981 agenda under suspension of
the rules. Several Council members indicated they thought they had
"-�'�- killed the ` projeet previously and indicated they s�ill wanted it �
killed .
The procedure for officially killin� a project is by a Council
Resolution caneelling the previous Orders. Ed Warn and I then pre-
pared this and also added a paragraph authorizing Public Works to
bill those who would have been assessed for the survaying and deaign
already done . I' m not aware that this had been done before , but
felt it was especially appropriate in this case. This is the only
assessed project I am aware of whieh was approved by Council with no
opposition, and later killed by Couneil because of 100� opposition.
Also , Mr. Spargur offerer� this as being appropriate .
This Resolution came before the Cauncil on September 17 , 1981 , and
was referred to the Public Works Committee beCause unlike a publie
hearing , the people who would get the bills are not natified .
By arrangement with Councilman Tedesco's office , I have contaeted
all those who will be billed for the surveying and design and
explained the situation including the amount of the bi11 they will
receive . Although not delighted clith the prospect , I feel they
understand the situation , and none feel they need a hearin� before
the Public Works Committee .
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The following is a list of those who will be billed far surveying
and design costs , the amount of 'the bill , and the amount the� would .
have been assessed for the improvement had it been comple.ted. We
will send tihese bills if the City Council approves the Resol�ution .
Survey and Complete
Desi�n Im rp ovement
Urban and Katherine Winter 5�3•�� 5 ,063. b0
Edmund and Carol Brand 224 . 10 2, 0$8 �00
Michael J. Spargur 258.96 2 ,�+12.80 �
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cc : Peter Hames _
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