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Home My WebLink About1979/09/04 - ADMIN - Minutes - City Council - Regular. l. 2. 3. Call to Order PresentaCions Ro11 calti MINUTES ��Ty COUNCIL MEINNESOTA ST. LOUIS p�� M geptember 4, 1979 A regul�r called to meeting order by at 7:40 p.m. None. The f ollowing roll call: � of the City Council was Mayor Frank J. Haward Councilmen were present at Ronald Backes Martha Elstrom Jerrold Martin Keith Meland John Ra11es Frank Howard Councilman Hanks arrived aC 8:01 p.m• Also p resent were the City Manager, City Attorney, Director of Planning and Director of Public Works. 4. Approval of Minutes The motion�passed 6-0. �. Approval of Agenda The motion pa�sed 6-0. It was moved by Councilman Backes, seconded� by Councilman Meland, to approve the minutes of the regular City Council meeting held August 20, 1979, as presented. It was moved by Councilman Meland, seconded by Councilman Backes, to approve the consent agenda for September 4, 1979, as ptesenCed. It was moved by Councilman Meland, approve the agenda f or Septemb er 4, NL Industries/Taracorp, Inc. The motion passed 6-0. seconded by Councilman Raofeirem°llk, 1979, with the addition -256- , ^� _ .,..__-- City Council minutes, 3p�, p In lewood Avenue ; �3 • - Resolution No. 6340 6b . September 4, 1979 PUBLIC HEARINGS Appli�ation of James Thompson for variance in side and rear yard setback at 3040 Ingle�wood Avenue (continued from August 20, 1979). . Ja�s fihompson, app icant, stated he was satzsfied with the reco�nended three-car garage. There being no one further wishing to speak, the Mayor declared the hearing close. It was moved by Councilman Meland, seconded by Councilman Martin, to waive reading and adopt Resolution No. 6340, entitled "A resolution granting variance in rear yard from Section 14-143 of the Ordinance Code relating to zoning to permit a side yard of zero feet, a rear yard of one foot and a three-car garage w ith an encroachment of five feet into the side yard in the R-4 District at 3040 Inglewood Avenue." The motion passed 6-0. Meadow Tree Reassessment, Meadow Tree Addition (continued from June 18, July 16 and August 20, 1979). It was moved by Councilman Meland, seconded by Councilman Martin, to continue the public hearing to September 17, 1979. The motion passed 6-0. 6c. Ho_l� Family Church Application for temporary on-sale nonintoxicating liquor license - Holy Family Church, as described in Notice of Hearing published August 22, 1979. There being no one present wishing to speak, the Mayor declared the hearing closed. � It was moved by Councilman Martin, seconded by Councilman Backes, to approve the request , The motion passed 6-0. 6d. Fred G. Anderson �onin Chan�e Reques t Application of Fred G. Anderson CompanY for zonin change to PUD at 5825 Excelsublishedevard, g as described in Notice of Hearing p August 15, 1979. the applicant, resenting an in Ap ' Robert Worthin ton Raunhorst Corporation, rep , r�.1, g ' e request whlch beg g3Ve a brief background of the zoning �hang and meetings wlth neighbors 1979, included extensive planning, revisions, ancy and ad" ' in an attempr to overcome certain lssues. He z� �°inzng propezty owners enabl1ng construction to begin and occup quested project approyal � . � current lease. by MaY, I980, upon termination of the appllcant s �S7 4 \ �� ty Cou ncil minutes, September 4, 1979 the Planning Director summarized the Coun�ilman BackeS� acent Iand, the approved As requ�SCed bY Oz� With respect to adj nepa�timent rep, ur ose facilit t Plannin� lan wh�ch �ncluded a multi�oved by the PlanningeCommil P� pzeliminary P e�mi� application app ssion. p1An� and the sP��a1 P ated building, two access ��ina plan consists of an elong i�e said Ch employee parking, at the rear, customer points on �xCelsi°r Bou1oading area depressed into the building and at the side, a • parking He added the technical details would be more appropriately 1andscaping• 5 ecial permit review• addressed during P e lained that when his adjacent Walter Hochstei.n, 8010 West 35 Str eet, XP the east was built in 1954, the minimum City requirement fot property to feet, which was built. He suspected that access driveway width was eight ., licant's lan be his arking area would be elim1natedTose=�yd but had used it for many to P approved . He saici he d iWould r quire approximately f our or f ive f eet of years. He c o n t i n u e d h e in t he r e a r. t he An de r son property to utilize parking Mayor Howard wondered �f Hoch�tebn anothering use o.f privately owned proper y y the Council to condone the Councilman Martin sugg ested it did not appear appropriate for the a�plicant to offer an easement to Hochstein conditiolmanuMartine H chsteinfexplained existing b i l l boar d. I n r e s p o n s e t o C o u n c i t h e b i l l b o a r d protrudes 1. S f eet f rom his building . Harold Norby, president of Fred G. Anderson Company, explained that if Mr. Hochstein were to remove the billboard on his own property which is not presently used, he would require 1. 5 less f eet f rom the Anderson Company; therefore, upon removal o f t he bi l l boar d, Anderson would be happy to negotiate a lease or easement. He continued that the area desired by Mr. Hochstein is part of the propased landscaping in front of the building. In response to Mayor Howard, Mr. Hochstein explained that sign removal would leave 6.5 feet from the building to the lot line and eight feet should be available. He added that the Naegele has a three-year lease for the sign which generates revenue to the property; if the Harned building were removed, he could erect additional signage. In response to Councilman Backes, he said the sign is totally on property owned by himself . Following further discussion, Mayor Howard explained the matter was not within the Council's jurisdiction. He suggested that following the Council's decision on the zoning for the area, it would be apptoP;�ate for the property owners to resolve the issue b etween themselves. Robert Bird, 5920 West 41 Street summarized his letter dated Au�uSt 2$' 1979, whic� was submitted to the� Council . Ne ref erred to the Februar� , 1979, staff study of the area which suggested development policiEs, and he did not believe the PiTD to be in conformance. He suggested the Anderson proposal would remove the onl ossible arkin area for the existing commercial development, and he said thatpa wa�cehouse was n°� a good transitional use between business and tesidential develep�ent -258- City Council minutes, September 4, 1979 kraig Lofquist, Naegele Company, agreed with the Chair that the sign issue is between the property owners and stated he would be willing to work with them on its resolution. He wondered, however, if staff had suggested the removal of the billboard. Mayor Howard explained t�e recommendation was the applicant's. There being no one further wishing to speak, the Mayor declared the hearing closed. Councilman Hanks noted that Mr. Hochstein had asked for the south boundary of the property to be indicated by stakes and wondered if a survey existed. Mayor Howard asked where the responsibility lies to stake boundaries. The City Manager explained that for certain permit applications, are required. He added .the City has not surveyed the property. Council could require staff or the applicant to perform surveys; there is no policy in eff ect. surveys The however, Councilman Hanks expressed concern that the residential neighborhood could have reasonably expected residential development for the site, as opposed to a par king lot, and a property owner to the south fears he will lose his trees, garage and fence if the proposal is approved. Mr. Worthington explained the property owner to the south had been assured the property would be staked and the developer would meet with him in an attempt to preserve as many trees as possible. He continued it was his understand�ng Raunhorst had placed the stakes; however, if they cauld not be located, it would be staked prior to special permit review. Councilman Hanks asked an explanation of the required parking spaces. The Planning Director explained the ordinance requirement for chargeable floor area:� footage designated for dead storage, building maintenance, restrooms, elevators, stairways, etc., is deleted from the square footage computed for parking purposes. He contsnued that the showroom porta�kin of the plan had been deducted from the retail area when computing p g requirements. Mr Norby said a total of 96, including I�n response to Councilman Ralles, ; 55 p�rsons at a given time. part-time,�persons would be employed, possibly Councilman Hanks asked if the railroad had agreed to use of its spur for parking. and the The Plannin Director stated several contacts hedtbewhichdhad not been g of �he prop Y s railroad agreed to provide a survey suft�cient rec it a eared,due to location �f �Venessn1foraParking eived. He said PP effectl £ootage did not exist for parking; that the . . He added that virtue of the dimenslons. purposes could be diminished by ro erty owned by the arkin� if the railroad land was consolidated in�attthePraplroad area bu� a P applicant, there would be a parking Sa space loss for the appl.icant. -259- CouriC�L mi nutes� September 4� 1979 CitiY . �t W�S moved b}� Counc:t�.man �-lanks, seconded by d�scussion� re�d�ng of the ordinance and.set Af�er further al.ve ��rst �t Which time the questiong Elstirom, to w � 1979� Councilman $�ptember �� an�wered. second reading fot musC be r�La�ing �o �lle boundar�-e� 1 an improvemen� for. the area, compared �1,ieved ' Mayor Noward h with the dan�� °� an locate a motel. on to The motion passed 6e. •Housin the proposa �rd or a more recent proposal unsPr�nklered lumb er Y the Si�e' �..3 (Councilmen Ralles, HousinB Notice Meland and Martin opposed). P1an and Ptogram, as described in of Hearing published August 1, 1979. _ P 1_a-n--- The City Manager believed it would be appropriate to ,continue the PU��- �,c hearl.ng to alloW time to th°andgtoyincorporateforma- �� rom I,,Ii11Ez �nd SchXoedeX Municipals tion recei eg�ed by Che Council. any changes sugg ilman Ralles to � se�onded by It Was moved by Councilman Martin� 1979. continue the hearing to September 17, Councilman Elstrom W°havind incomes computed for persons g Counc � interest rates other than the Mayor Howard requested staff to prepare incomes below $22,000 adjusted gross f or nd mortgage could be maximum allowed. a scale indicating f igures for comparison. Roger J. Wiknez, Miller and Schroeder Municipals, of the plan and suggested a meeting of staff, his advise and recommendation. ref erred to Section IV f irm and the Council fox May or Howard noted a special study meeting to review the document had been held on August 27, 1979. The Council a reed to meet on the item prior to budget review sessions at g 5 p.m. on September �10, 1979. The motion passed 6-0 (Councilman Hanks was not present). 6f. Darrel A. Farr ment Corp�ra' Request of Dar�el A. Farr DeveloP roval, as tion for mortgage revenue bond aublished described in Notice of Hearing P August 1, 1979. It was moved by Councilman Martin, seconded by Councilman Ra11e5'the continue the hearing to September 17, 1979, to determine whether proposal conforms with the housing plan. The motion passed 6-0 (Councilman Hanks was nat present)• -260- City Council minutes, 5eptember 4, 1919 _ * L�,nstitu(ion �.'eek _ �b, ��r,�nunit Action A encv PETITIONS :STS AND COMMUNICATIONS A proclamation designating September 17-23, 1979, as Constitution Week in St. Louis Park was adopted by consent. West Hennepin Human Services Planning Board communication relating to Community Action Agency (CAA,). Theresa Victor, City Council representative on the West Hennepin Human Services Planning Board, described the composition of the Board and summarized the materials presented to the Council, approved by the H�nnepin County Board of Commissioners recommending that a CAA be esGablished for suburb an Hennepin County. She believed a need exists for a CAA and asked Council consideration of a supporting resolution. She invited the Council to�a town meeting on September 12, 1979, and stated the Council's approval at that time would indicate its concern to the community. Councilman Meland had questions relating to what different actions tlie Board would be taking in terms of providing services; what the responsi- bilities of the County Board and the Counci.l would be; and wherher an additional level of government would be created. Ms. Victor said the Planning Board's Executive Director would be avail�able at a proposed study session. She added each CAA would operate to serve the needs of its particular community and would bring needed services to the poor which are not provided within that community, such as trans- portation, nutrition and energy. She said through coordination, there would be no duplication of services and the agency would be the mechanism to obCain f ederal funding into the area. Councilman Martin believed portions of the proposal app��red to fit in with suggestions f or coordination of chemical dervicesconlyetoithe poor o�r had concern however that the program proposed s poverty-striken which would preclude��many citizens with problems from its help. After further discussion, the Council agreed September 10, 1979, as requested. 8�. Special Permit Fees; 0�`dinance No. I450 to meet at S P•m•� RESOLUTIONS AND ORDINANCES Second reading of Ordinance C�Se�nmee��a�n relating to speclal pe.rmit fe distXicts . Counc�].man I3r�ckes, to waive It was moved by Councilman Hanks, sec�nded by �� 1450 en�itled An ordin��lce amendin� reading and adopt Ordinance No. 'D��nance CodE r�la�tng t° SPec�.�1 Section 14-215 of the St. Louis Park permit fees." The motion passed 7-0. -261- .r_ � � � 8b. ��y Couneil Chax'ter Ant�n_ dy�.� Reso�ut�.on No. 6341 It was moved by Councilman Backes, seconded by Hanks to waive reading and adopt aeCharternamendment,►�entitled establishing wording for propose � m�eti��g, 5eptember 4, 1979 Reso.lution amendment, establishing wording Section 2.09. f or Charter , Cauncilman "Reaolu�ion Councilms�n Elstrom did req�►iring 2/3 ma�ority Counci3.man Meland moved not bel.ieve the last sentence consistenC wiCh Section 3.03 of the amendment of the Charter. to refer the concern to the Charter Coaenission. There was no second to the motion. Counci.].man I3ackes noted the item had been dis�oval/rejectionoof theawording and the action required of the Council is app and'format of the ballot, not the wordCern�andhobligationa onthencorrect believed the CounGil indicated its con language when it referred the amendmentmotionttotadoptmthesresolution suggested revisions. He suggested the appropriate, in that the Commission did not revise the wording with respect to "2/3 majority." Councilman Nanks suggested asking the Commission how Section 2.09 would be enfQrced in certain�occasions with the present wording. It was moved by Councilma.n Meland, seconded by Councilman Elstrom, to defer action until later in the meeting when members of the Comanission would be present to respond. The motion passed 7-0. Later, James Heltzer, chairman of the Charter Commission, explained the probable genesis of the amendment to prevent interf erence with administration. He further stat�ed the Commission would probably be happy -� to accept Council and City Attorney wording for consistency with other sections of the Charter. The main motion to adopt the resolution passed 4-3 (Councilmen Elstrom, Martin and Mayor Howard opposed). 8c. Otterlei Variance Application of Jon Otterlei for variance permitting zero side yard at 6980 Oxford Street. The City Manager reported that on August 31, 1979, a letter and a copy of the report dated September 4, 1979, were sent to the applicant informing him the Council would consider the matter on September 4, 1979. Responding to questions from Councilman Martin the Plannin Director explained the building has the proper setback but, folla�aing constructian. asphalt was placed to the lot line and the requested variance is to a11ow it ta remain,in place of the six feet of landscaped setback required by the Ordinance Code, He said there is no building pet�ft requirement to lay asphalt. -262- ,s,f....------- � .� _ City Council meeting, September 4, 1979 iouncilman Mattin a�ked if, in 1974, the original site plan indicated a six-f��t landscaped setback. The Planning Director explained the property w'as not built by the applicant, and the original plan could not be located; however, sufficient parking was originally available, and it was sugg�sted to the applicant that correct striping could alleviate the parking problem and still a11ow installation of the required six-€oot landscaped setback. 1fie City Attorney exp�.ained that the applicant acquired the property with the present parking conf iguration and the present lease with the Country Club Market, and it is the contention of the lessee that its lease on the property requires benef it of the present parking. He said upon rzviewing the le�se, he did not agree with the interpretation of the lessee, and the question bef ore the Council is whether to require compiiance with the Ordinance requirements at this time. CoLncilman Backes w�ndered if the lease contained a provision that the lessee is obligated to the extent that the lessor must comply with any requirements of the Ci�y. The City Attorney stated that provision could be implied; however, the question i� whether the lessee would recognize the provision and not terminat� the lease. It was moved by Cou�ncilman Bacices , seconded by Councilman Hanks, to deny the variance. Councilman Martin suggested the matter would be appropriately settled between the applicant and the party from whom he purchased the property. The motion passed 6-0 (Councilman Meland was not present). REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 9a. Housin� Authority 9b. Plannin,g Commission 9c. Financial Report 9a. Annual Financial Re ort 9e. Northwest Racquet; Resolution No. 6342 _ _---- , The minutes'of theheldSAugustd14ed1979�pwere Authority meeting ordered filed by consent. The minutes held August consent. of the Planning IS, 1979, were Commis'sion meeting ordered filed by The monthly f inancial report was ordered filed by consent. The 1978 annual financial f iled by consent. Special permit and Swim Club at 5525 Cedar t�, waive seconded bY �pL1nc31man Ra�-��Srant3.ng b342, en�itl�d "A reso�ution g for July, 1979, report was ordered �.eqUest of Northwes� Ra�nsion to allow ��xk�t'g lot e�.p Lake Road. It was moved by Councilman Hanks, readin� and adopt Resolution No. -263- �' . ,. -,. _ .. � � ��y Council minutes, September 4, 1979 Louis Park Ordinance Code rela�in 124 of the St. $ per,nit under Section 14' arking for property located in .the DDD, �n to pe�mit additional P t 5525 Cedar Lake Road. to zon 8 ment District, a Diversif ied Devel.op , was not present) . The motion passed 6-�0 9f. Traffi�ion�No.�6343 Resolu (Councilman Meland Traffic Study No. 209, parking restrictions at Meadowbrook Road/Excelsior Boulevard. Resolution No. 6343, entitled "Resolution lacement of signs £or traff ic control at intersection of authorizing p , Meadowbrook Road and Excelslor Boulevard," was adopted by consent. 9g, 24edical Center; Resolution No. 6344 authorizing placement consent. 9h. 3040 Inglewood Avenue; Resolution No. 6�45 10a. St. Louis Park Medical Center request for driveway variance. , Resolution No. 6344, entitled "Resolution of signs for traffic control," was adopted by Request at 3040 the R-4 of James Thomps.on for special permit Inglewood Avenue to allow office in District. It was moved by Councilman Hanks, seconded bq Councilman Meland, to waive reading and adopt Resolution No. 6345, entitled "A resolution granting permit under Section 14-141 of the St. Louis Park Ordinance Code relating to zoning to permit the use of an existing structure for office purposes in an R-4 Multiple Family District at 3040 Inglewood Avenue." The motion passed 7-0.. �pointments UNF�NISHED BUSINESS Appointments to boards and commissions. It was moved by Couneilman Hanks, seconded by Councilman Elstrom, to appoint the two interested applicants to vacancies on the Board of Zoning Appeals. Councilman Meland indicated it had been the recommendation of the Council interview cammittee to not appoint at the time of the intervie�►s• Councilman Hanks withdrew the motion, but stressed the need and importance to have a full Board. Mayor Howard asked the Council to submit names of interested persons for Council consideration. It was moved by Councilman Meland, defer. The motion passed 7-p, seconded by Councilman Ralles, to -264- lla. lld. Boulevard City Council minutes, September 4, 1979 Sod Boulevard sod at 3252 Dakota Avenue• replacement (def erred from August 6� Councilman Martin believed the matter not within Council but must be resolved between the current from whom they purchased the property. It was moved by Councilman Martin, reject Council/City responsibility cos t of &� 2�, 1979) . the jurisdiction of the homeowne�s and the party seconded by Councilman Ralles, to for sod replacement. The motion passed 6-1 (Councilman Meland opposed). It was moved reconsider. by Councilman Backes, seconded by Councilman Elstrom, to The motion passed 7 -0. It was moved by Councilman Martin, seconded by Councilman Ralles, to deny the request and notify Mr, and Mrs. Witt, the property owners, that the matter is not the �responsibility of the Council. The mot�on passed 6-1 . , . (Councilman Meland opposed). NEW BUSINESS Proposed 1980 budget. It was moved by Councilman Hanks, seconded by Councilman Martin, to set an initial review meeting on the proposed budget for 5 p.m., Sept.ember 10, 1979. The motion passed 7-0. Health Plan 1979 revised plan (M. & C. health plan; No. 79-26). 1980 f inal health It was moved by Councilman Meland, seconded by Councilman approve the f inal plan; that the vaccine program continue at the Brookside Community Center. The motion passed 7-0. Dr i-= eway Variance Tabulation �=-_�___B a execution o� contracts by Martin, to to be conducted Request for driveway variance at 1625 Princeton Avenue. The Council approved the variance by consent. Bid tabulation - 1979-1980 tree stock. ' nated the lowest app�'oPriate The Council deslg e and size of tree responsible bidd�es received and�authorized selected from bi consent. -265- -�,,. -,`. City Council Cambrid e S eed; 11e. No, 6346 Resolution , minutes, September 4, 1979 Resolution requesting speed limit reduction to 25 mP h at Cambridge Street f rom Texas Avenue to West Lake Street (requested by Councilman Meland). „ Councilman Meland, seconded by Councilman Elstrom, to It was moved bYnd adopt Resolution No..6346, entitled "Resolution waive read3.ng a �•n the� Commissioner of MnDOT to r�°LaketStreeted zoning on requesti g Cambridge Street from Texas Avenue to es Councilman Hanks Council consider explained he a City-wide favored the speed limit Mayor Howard suggested designating a c�angerous precedent and confuse limit of one �peed. � Councilman Meland noted a past, the residents have MnDOT would determine the The motion passed 5-2 llf. Texas Avenue/ . West 36 Street reduetion, of 25 mph. but suggested the changes as requested could establish the motorist. He favored a City-wide similar request was approved in the recent long requested a reduction, and he believed request justified. (Councilman Martin and Mayor Howard opposed). �ntersection of Texas Avenue with West 36 Street (requested by Councilman Meland). It was.moved by Councilman Meland, seconded bq Councilman Backes, to request a staff review of the advisory arrows at the Texas Avenue intersection with West 36 Street and consider right- turn-only lanes. The motion passed 7-0. - ilg. Bridge Emergency bridge repair; Louisiana Avenue at Repair the Burlington Northern Railroad track. It was moved by Councilman Hanks, seconded by Councilman Backes, to approve temporary repair as recommended by staff. The motion passed 7-0. llh. Bassett Cr— k Councilman Meland, Bassett Creek Improvement Project No• 1' Valle�• construction agreement with City of Golden It was moved by Councilman Hanks, seconded bY to approve and authorize execution of agreement. The motion passed 7-p, ,, -2b6- , lli. �ae ele S i_�— City Council minutes, September 4, 1979 Request of Naegele Outdoor Advertising Compan f or lease at HighWay 12 and Vernon Avenue. y It was moved by Councilman Meland, seconded by Councilman Martin to table the item. The motion passed 6-1 (Councilman Backes opposed). llj. Bid Tabulation Bid tabulation - well reconstruction. By consent, the Council designated Layne Minriesota lowest responsible bidder and authorized execution of contract at $16,350. llk. NL�Industries; Resolution No. 6347 NL Industries/Taracorp, Inc. : Councilman Meland). (requested by Councilman Meland reported Minnesota Health Department laboratory tests had been received on September 4, 1979, indica- ting blood levels of lead exceeding normals for persons employed adjacent to the smelting plant. He believed the potential of a serious public health problem exists. It was moved by Councilman Meland, seconded by Councilman Backes, to waive reading and adopt Resolution No. 6347, entitled "A resolution requiring NL Industries/Taracorp, Inc., to discontinue all smelting operations in St. Louis Park, Minnesota." Herbert C. Davis, explained he served as legal counsel for NL Industries and currently represents the new owners, Taracorp, Inc., and his first notification of the problem was the receipt of a letter dated August 28, 1979, from the City Manager to the PCA and Board of Health requesting a meeting. He said he asked if it was desired that a representative of the property owner be present, and he was told it would be more appropriate for the City to meet first with the other government agencies. He continued he had been informed by the plantsupervisor that the matter would be consider�d by the Council on this date. It was'�his opinion that any action to halt operations of the plant without property owner participa- tion was not appropriate in terms of due process and in terms of the Council's authority. Mayor Howard said the Council was inf ormed of the situation at 7:25 p.m. prior to the meeting, and was advised to request that the PCA and Health Department initiate action, should a health danger exist. Mr. Davis stated he did not interpret the resolution in that manner and believed the Council motion precipitous, based upon a single rating report taken on a single day. He further stated that Mr. Goode�ation. purchased the adjacenC property fully aware of the smelting p He submitted that the �nformation befox'e the Council was not sufficient lant was a danger to health to conclude that the operation of the Taracorp p � and warrants discontinuance of operations, and he believed his cl.ient entitled to the courtesy of a notice o� the proceedings and an oPportunity to respond. of the Council that thi� ured Mayor Howard believed it the r.esponsibi�-i�y y citizensmay be � danger must cease if a possibility exists whereb due to emissioiis from the platxt. _267- ----"�--�� , , City Cou ncil minutes, $ePCember 4, 1979 It was the oPinion did not refer to a operations of.his of Mr. Davis factual �ause client should Mayor Howard unord�n°�lY client, and acc that the resolution before the Council and eff ec� situation whereby �he cease. that the counselor must guard the interests of his the Council must act for the citizens. called upon the Council to ta�edathe°proposedsactionPwould James Heltzer and sugges operations to cease immediately, that result. He asked the Council to revoke the occupancy not achieve d�o not reissue same until assured the plant is . Pe�it� �.f posslble, an sa€e and not a danger to citizens. -� ' Mc uaid stated the School District hade�in onitorsoattthe phyllls Q condition, has contacted the PCA and lantconsi $ school due to its proximity to the p \ 12a. Councilman Meland offered a revision to the resolution to include mention f Taracorp, Inc. He indicated to the speakers thPCAtandCHealth,s action ° to re uest the aid of the requires staff not only q are available to ensure Department but to Slsose�no�threatetortheahealth and safety that the operation p persons. The motion passed 7^0. Damage MISCELLANEOUS Damage elaims of all Claims 1) Park 100 apartments, 2524.South Highway 100 2) Gordon Winger, 3341 Alabama Avenue 3) Carles M. Caron, 7720• Plymouth Avenue North 4) James Gibson, 2008-1/2 North 2nd Avenue, Anoka S) Bob Matzke, 3870 Alabama Avenue. The claims were ordered filed with the City Clerk for proper the City Manager and City Attorney by consent. 12b. Communications from Mayor 12c. Communications from Citp Manager None. action by The Council adjourned to a closed session �Q discuss pending litigation and auth�r�oe�he staff to make an offer of settlemen property awner at 3400 Dakota Avenue• -268- City Councii minutes, September 4, �979 CLAIMS , APPROPRIATIONS AND CONTRA�T pAyME�S ��eritied Upon motion by Councilman Backes, seconded by ��a' -'` Cowncilman Ralles, the list of verified claims � 1R___- =�-- prepared by the Director of Finance and directed Co the City Council, dated September 4, 1979, in the total amounts o€ $313,926.94 for vendors and $22,292,97 for 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 6-p (Co�neilman Hanks �ras not present) . � 3�, Contract Pa}�ments; Resolution Nos. 63b8,� 6349, 6350 S 6351 T It was moved by Councilman Meland, seconded by Councilman Backes, to approve and authorize the following partial payments: 1) Partial pavment, Project 7820, City Rall garage, Sun Mechanical � Electrical Company. Amount: $4,457.70. 2) P artial payment, Projects 77-11C, 78-48, 78-49, 78-44A, street lighting, Collins Electric Company. Amount: $6,750. 3) Partial payment, Project 78-20, City Hall garage, George F. Cook Construction Company. AmounC: $83,696.20. 4) Partial payment, Projects 77-11A,B, 74-22, Part I, pav ing, curb and gutter, Hardrives, Inc. Amount: $62,162.74. 5) Partial payment, Projects 78-41, 79-01, 79-03, 79-08, 79-43, paving, sidewalk, misc. utilities, Hardrives, Inc. Amount: $67,797.51. 6) Partial payment, Projects 74-39, 77-38B, 79-04, 79-07, 79-35, 79-35A, 79-53, Paving► curb and guCter, alley paving and parking lots, Arcon Construction. Amount: 7) Partial payment, West Electric. Prc,ject 78-20, City Hall garage, Amount: $6,187.50• . ect 76-42 Oak Hill w�ding pnol, 8) Partial payment, Proj � Arteka, Inc. Amount: $11,348.50• The motion passed 6-0 (Councilman Hanks was not present) $101,494,79. Councilm�n Backes, to It was moved by Councilman Meland, seconded bY63�+9, 6350 nnd 6351 �ccepti.ng waive reading and adopt Resolution Nos. �3�8' a ments: the work and suthorizing the follo�►�ing final. p Y ect 79-14 C�t)' Hall ail' coo�ed 9) Final payment, Proj ' . S$ O50• condensers, Faircon, In�• Am��tnC. � � 48 Hinckley well. clo�ure, 10) Final p�yment, Project 79- • S� �50• Bergerson Caswell, It1c . Anl°Utlt : ' � • --2E�9- Council minuC�s� s�ptember 4, 1979 timb er wall/B�onx Park Project 77-53, , Final paYment� Tnc. Amount: $798.90. Acnerican Recreation, Projects 78~�2, 76-34, 78-06, 76-08, Final payment, �a_�� 77-53, paving, curb and 78-Z1, 78-36, 78-34, gutte�, �ury and Carlson,�Inc. Amount: $79,844.Q4. .�o� h-0 (Councilman Hanka w as not present). pn motion of Counci�he�meeting�wasCadjourned Councilman Ra11es, a� 10:05 p.m• , bY a vote of 6-0 (Councilman Ranka was not present). � , ank J. Mayor � 4 -270-