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Home My WebLink About1980/05/05 - ADMIN - Minutes - City Council - Regular1. Call to Order 2. Presentations MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA May 5, 1980 A regular meeting af the City Council was called to order by Mayor Phyllis McQuaid at 7:37 p.m. Proclamation designating Senior Center Week. It was moved by Councilman Hanks, seconded by Councilman Elstrom, to approve the proclamation. The motion passed 6-0. 3. Roll Call The following Councilmen were present at roll call: Ronald Backes Phyllis McQuaid Martha Elstrom Keith Meland Lyle Hanks John Ralles Also present were the acting City Ma.nager/Plannin� Director, City Attorney, Director of Public Works and City Assessor. 4. Approval It was moved by Councilman Ralles, seconded by of Minutes Councilman Backes, to approve the minutes of the regular City Council meeting held April 21, 1980, as presented. The motion passed 6-0. S. Approval It was moved by Councilman Hanks, seconded by of Agenda Councilman Elstrom, to approve the consent agenda for May 5, 1980, as presented. � The motion passed 6-0. It was moved by Councilman Elstrom, seconded by Councilman Meland, to approve the agenda for May 5, 1980, as presented. The motion passed 6-0. -131- �� City Council minutes, May 5, 1980 PUBLIC HEARINGS 6a. Assessment; Assessment, Projects 77-11C & 78-48, Vernon/ Resolution No. 6548 Highway 12/Cedar Lake Road street lightfng, as described in Notice of Hearing published April 30, 1980. There being no one present wishing to speak, the Mayor declared the hearing closed. It was moved by Councilman Hanks, seconded by Councilman Elstrom, to waive reading and adopt Resolution No. 6548, entitled "Resolution adopting assessment,_Improvement Nos. 77-11C & 78-48." The motion passed 6-0. 6b. Community Development; Reallocation of 1979 funds among previously Resolution No. 6549 approved Community Development Block Grant activities (M. b C. No. 80-21), as described in Notice of Hearing published April 23, 1980. There being no one present wishing to speak, the Atayor declared the hearing closed. It was moved by Councilman Ralles, seconded by Councilman Meland, to waive reading and adopt Resolution No. 6549, entitled "Resolution authorizing transfer of funds from the local contingency to 1979 Com- munity Development activities." The motion passed 6-0. Gc. Fla� Avenue Improvement hearing, Project 79-50 or 79-50A, Sewer Flag Avenue sewer (continued from March 24 and April 21, 1980). Lyle Eakins, 2048 Flag Avenue, reiterated all past statements made on the subject and said a grinder pump would not be equivalent to the neighbors' sanitary sewer system and the City should provide a lift pump. He discussed the 1980 project cost with respect to the cost in 1960 and asked for fair and equal treatment. The acting City Manager reported that the FHA would approve mortgages for the two currently-developed properties, should the grinder system be ordered; however, the agency appeared less than committed to approve mortgages for the two undeveloped properties with respect to the same system. He explained the staff recommendation would be to obtain bids for both the grinder pump and lift station alternativea. The acting City Manager noted that the third alternative (gravity system) had been ordered by the Council in August, 1979; however, bids were received at $136�000, and on October 2, 1979, the Council rejected these bids stating the cost of $11,0�0 per lot would be prohibitive. -132- City Council minuCes, May 5, 1980 It was moved by Councilman Hanks, seconded by Councilman Ralles, to continue the public hearing on Project 79-50 (grinder pump) to June 16, 1980; to set public hearing on Project 79-SOA(lift station) for June 16, 1980; to auChorize preparation of plans, specifications and advertisement for bids for both alternatives; bid tabulations on the two alternatives shall be presented to the Council on June 16 £or review during the public hearings. The motion passed 6-0. 6d. Texa-Tonka; Improvement hearing, Project 80-02, Texa-Tonka Project 80-02 paving, curb and gutter, as described in Notice of Hearing published April 23 6 30, 1980. Prior to the public hearing, Councilman Meland explained that the project was originally scheduled in the City's five- year Capital Improvement Program for 1981; however, due to escalating costs and badly deteriorating streets in one neighborhood, he had prevailed upon the Council to reschedule the improvement to 1980. Eugene Dahl, 2929 Texa Tonka Avenue,.requested clarif ication of the City's assessment policy. He stated he would oppose a 26-foot street width which would restrict parking, and he asked if sidewalk repair would be performed on Texa Tonka. He presented a petition opposing the•project, with the exception of sound preventative maintenance. He also discussed the possible loss of shade trees. The acting City Manager explained the City's assessment policy including calculations for driveway and sidewalk repair. A1 Henry, 2813 Virginia Avenue, explained ten houses ending at West 28 Street wish to be deleted from the project because curb and gutter, and streets were in good condition and t�e cul-de-sac was believed unnecessary. He said he talked with eight of the families and only one of the eight desired the improvement; one other family was divided on the subject. Lloyd Dowell, 2915 Wyoming Avenue, stated the members of the Wyoming Avenue short block believed the project unnecessary, and he presented a peCition containing 100 percent signatures with two exceptions: Ryan and Kocher who expressed a desire for some curb and sidewalk repair. Van Howard, 2801 Virginia Avenue, explained his property would be a part of the cul-de-sac on Virginia and he would lose one shade tree. He agreed with past speakers. Tom Nate, 2824 Texa Tonka Avenue, opposed the project. There being no one further wishing to speak, the Mayor declared the hearing closed. ' It was moved by Councilman Meland, seconded by Councilman Hanks, to order tt�e improvement and authorize preparation of plans, specifications and adverti�ement for bids for pavin�, curb and gutter to only include Virginia Avenue beginning at MinnetonkA Boulevard and terminating nt the start of the short block of Virginia; to include sidewalk repair as necessary in the total project _133- area. � f-� . City Council minutes, May S, 1980 Councilman Hanks noCed that the streets removed from the projecC may require repair in five years at a cost up to $ZO per front foot; therefore, he stressed that persons objecting to the motion should communicate their desires prior to the vote on the matter. William Schatman, 2820 Virginia Avenue, asked the process for maintaining side streeCs not permanently improved so they would not become damaged in the winter. Marcia Curvers, 2917 Texa Tonka Avenue, asked if 1980 would be the last year the City anticipated financing projects at 7 percent interest. She also asked if the petition had been signed by the majority of the homeowners on the blocks, in that she did not believe the majority opposed the project. She favored the project with the exception of constructing the street at a more narrow width. ' Councilman Hanks asked if staff could determine from the residential meeting comments whether the majority opposed or favored the project. The Public Works Director explained that votes were not solicited at neighbor- hood meetings, and the audience was agreeable to participation in the • discussion; however the majority's position on the matter could not be determined. Councilman Meland explained the purpose of a neighborhood meeting is to present facts prior to the public hearing. He said that in reviewing the petition, it contained one home less than one-half of the property owners, but he had a conversation with one other neighborhood individual favoring Mr. Dahl's petition. Dan Paulsen,2912 Texa Tonka Avenue, requested that his name be added to the petition. The motion passed 6-0. 6e. Amhurst Watermain; Improvement hearing, Project 79-42, Amhurst Project 79-42 waternain, as described in Notice of Hearing published April 23 & 30, 1950. Councilman Hanks asked if Items 6e and 6f on the agenda could be considered jointly. • The acting City Manager said it appropriate, but would require two i j separate actions. The City Attorney stated the procedure legal so long as the audience understood and had the opportunity to speak. It was moved by Councilman Hanks, seconded by Councilman rteland, to consider Items 6e and 6f jointly but there shall be separate motions• The morion passed 6-0. -134- l ' � City Council minutes, May 5� 1980 Bernice Johnson, Hennepin County Department of TransportaCion, aeked the date of completion for the projects, the date of assesement and the location of the lines. The�acting City Manager explained construction would commence in the near future, if approved; however, staff proposed an assessment hearinR prior to implementation of the project. The hearing on the asaesament could be held upon receipt of bids. He said the City Engineer cot�ld explain the Iocation of the lines, and he gave Ms. Johnson a copy of the ataEf report on the project. Len Thiel, 2910 Flag Avenue, representing Centurion Company, diDtributed copies of the proposed Amhurst development. He diacus3ed the eventual assessment related to the watermain and favored the looping which would provide the City and adjoining properties better fire protection and water supply: However, he noted the project required tunneling twice under the railroad track at an additional approximate coat of $70,000. He explained that in the past, the City had looped areas without coat to adjoining property owners and asked that prior to the assesament hearing consideration be given to the City's assumption of a greater share of the project cost. Councilman Hanks asked that the record contain reference to a letter dated May 2, 1980, from Target Stores stating:. ..."It was only during our last meeting that we were advised that not only were we beinR requested to grant the necessary easements for Project 79-42, but that we would be assessed for our share of the estimated $179,990 coat. We object to any assessment on our property hecause we are neither directly nor indirectly benefited from these improvements. We currently have adequate water to serve both our domestic and fire sprinkler needs." In response to a question from Councilman Elstrom, the acting City Manager explained Target's benefit would be similar to the benefit to Amhuret through the provieion of backflow; the project also would loop the Target waCerline. There being no one further wishing to apeak, the Mayor declared the hearing closed. It was moved by Councilman Hanks, seconded by Councilman Meland, to order Imprvvement No. 79-42, authorize preparation of plana, epecifications, advertisement for bids and set assessment hearing in accordance with receipt of bids and publication requirements. The motion passed 6-0. (See Item 6f for vote.on that project). .� �• � �� t. ; �: � •. : �. ::- �; -135- IM►� City Council minutes, May S, 1980 6f. Amhurst Sanitary Sewer; Improvement hearing, Project 80-19, Amhurst Project 80-19 sanitary sewer, as described in Notice of Hearing published April 23 6 30, 1980. Following discussion of this item during the public hearing for Item 6e, the Mayor declared the hearing closed. It was moved by Councilman Hanks, seconded by Councilman Meland, to order Improvement No. 80-19, authorize preparation of plans, specifications, advertisement for bids and set assessment hearing in accordance with receipt of bids and publicaCion requirements. The motion passed 6-0. 6g. Vernon Avenue Project; Improvement hearing, Project 80-06, Xenwood/ Project 80-06 West 26/Vernon paving, curb and gutter, as described in Notice of Hearing published April 23 � 30, 1980. Edmund Erickson, 5501 West 25� Street, opposed curb and gutter and asked by what criteria his street had been included in the proposed improvement. He also requested an explanation of the future assessment for his odd- shaped lot. � Don Ahlman, 2737 Vernon Avenue, did not believe the improvement necessary but that safety was required in that it was difficult for children to cross the street. He discussed possible curb and sidewalk repair where necessary. He said the last time the street was repaired he had been informed it was permanent. Mark Reitkopp, 2717 Vernon Avenue, presented a petition summariZed as follows: "That the project be postponed indefinitely; curb and sidewalk repair only where necessary; chuckholes be repaired; close West 27 Street/ Highway 100 entrance; locate bus stop; install stop signs at Vernon and West 28 6 29 Streets; retime semaphore at Vernon/Minnetonka Boulevard." Dalya Reitkopp concurred. Shannon Tambornino, 2724 Vernon Avenue, concurred with the previous speakers and requested postponement for several years. Wayne Lindberg, 2620 Vernon Avenue, agreed with previous speakers. John Anderson, 2700 Vernon Avenue, stated he signed the petition and also said the main problem was that Vernon was not designed for its current excessive use. He said it had been paved in 1975 at which time he under- stood it to be permanent. : Councilman Hanks explained it was incorrect to refer to the 1915 street work as permanent, because at that time Vernon and a section of Xenwood Avenuea were withdrawn from the project,and the residents requested � repair only�which was assessed 100 percent and is never referred to a$ � permanent street with the 20-year guarantee. � ,,s,� -136- ��, City Council minutes, tiay 5, 1980 Mr. Anderson stated he had been assessed more than $4,000 in 1975. Councilman Hanks explained the assessment procedure for corner lots. Mr. Anderson stated it did not appear appropriate for the neighborhood to continue to pay assessments and also carry the burden of the extra traffic. He suggested constructing a street along the railroad track to eliminate additional apartment traffic from the neighborhood. Edith Gottesman, 2773 Vernon Avenue, reiterated concerns and position stated in a letter dated Piay 4, 1980, and presented to the Council which favored the project. She continued tl�at the pedestrian bridge had frequent use; the improvement would enhance property values, and if post- poned, its cost when eventually ordered would have increased considerably. Donald DeLong, 2551 Webster Avenue, stated Webster requir�d repair although did not require curb and gutter. Len Thiel explained his employer owned six vacant lots on Vernon Avenue and would agree with whatever the neighbors and Council decide. Mrs. Wiley� 2733 Vernon Avenue, expressed concern that the sidewalks were disasterous and asked if they could be reconstructed at a reduced width of five feet which would be less costly and less to shovel. The resident at 2930 Vernon Avenue asked if the project were denied, whether it would be forced upon the neighborhood in the future. He favored curb and gutter in his portion of the street and also some type traffic control such as closing West 27 Street at Highway 100. Mayor McQuaid explained future action would depend upon the future Council. She noted, however, the project was denied in the past. She continued that regardless of the action on the improvement, the Council could review the traffic problem. Councilman Hanks explained permanent streets were less costly to maintain and some future Council could decide the improvement necessary. He provided the history of the assessment rates. Linda Metzzer, 2713 Vernon Avenue, asked why her tree would be removed, in that the plan did not require the removal of others. The acting City Manager said staff would review.the plan and contact Ms. Metzzer on May 6, 1980. Bertha Smith, 2732 1Ternon Avenue, said the pedestrian bridge was used extensively and people were walking where they once drove. She said she worked to get a MTC bus in the area, but other residente successfully petitioned against the proposal. Eric Aarone, 5536 West 25'� Street, had no problems with his curb and gutter, driveway apron or drainage; however, he considered a curb and gutter problem existed on the east of Vernon from West 25� to 26 Streets. He requested a cleanup with respect to trees and bushes at Weat 26 Street/ Vernon and around the apartments. He agreed Vernon was being used as a bYpasa but stated the problem could be solved by reducing the speed limit. -137- �. i c. :: � r City Council minutes, May 5, 1980 Jim Reit�l, 2820 Vernon Avenue, believed the present traffic flow from the 27 Street/Highway 100 exit ramp was the cause of street deterioration and that an appropriate solution should be sought Avenue would not deteriorate every five years. Bill Atmore, 2650 Vernon Avenue, concurred. resulting so Vernon Rose Schwartz, 2937 Vernon Avenue, stated that times change and the neighborhood must grow with the community; however, in the meantime the area must not be allowed to deteriorate. Alpha Mogelson, 5500 Minnetonka Boulevard, said the traffic on Vernon would be eliminated if the exit from Highway 100 were eliminated. Gene LaHatmner, 2943 Vernon Avenue, agreed a traffic problem existed. He explained although he opposed the project in the past, he now believed it necessary. Denise Reihl expressed concern that the residents would be assessed a great deal for the street improvement but the traffic problem would remain. She explained that many commuters park their automobiles on Vernon Avenue and then ride the bus to their final destination. She asked if the situation could be studied and perhaps a bus stop be located at the apartments. Following further discussion, it was moved by Councilman Elstrom, seconded by Councilman Hanks, to continue the hearing pending receipt of alternative bids for the method of improvement requested in the petition; to schedule a neighborhood meeting at which time estimates for patching would be presented. Councilman Backes noted the motion would require staff to prepare plans, specifications and advertisement for alternative bids; however, if the intent was to not order the improvement, staff should not be required to incur the additional expense. Councilman Hanks suggested it would be appropriate to make the final cost of the temporary repair in 1975 available for tt�e residents' review. The Public Works Director stated the available alternatives for street repair would be to obtain bids on: 1) the standard permanent street repair; 2) replace curb and gutter and place an overlay on the entire street; 3) sectional curb and gutter, sidewalk replacement and street patching. He said it would be difficult, but some type estimate could be obtained for patching, although there would be no recommended guarantee on the process; however, if the sub-base were in good condition� the streets could last 20 years, but could not be guaranteed. He explained some contracCors would charge more for the sectional curb replacement. Councilman Ralles did not believe sufficient realized on methods other than the standard process to offset the fact that the 20-year available to the residents. -130- � cost savings would be permanent reconstruction 'guarantee would not be City Council minutes, May 5, 1980 Councilman Hanks suggested it less costly to lay all new curb than random re- placement. He believed the major concern was the traffic. He was willing to continue the hearing for neighborhood recommendation but was not in favor of bidding the alternatives. Mayor McQuaid was not opposed to the motion but said if the difference in cosC were so slight, she would favor the permanent improvement in place of patching, but only if the Council attempted to solve the traffic problem. Councilman Elstrom withdrew the motion. It was moved by Councilman Elstrom, seconded by Councilman Meland, to continue the hearing to June 2, 1980; to authorize preparation of plans, specifications and advertisement for bids for the permanent street improve- ment; to schedule a neighborhood meeting to assess the desire for the project and to discuss proposals to alleviate traffic. The motion passed 6-0. 6h. Library Lane Sewer; Project 80-06 Improvement hearing, Project 80-38, sanitary sewer in Library Lane between Walker and West Lake Streets, as described in Notice of Hearing published April 23 & 30, 1980. ' There being no one present wishing to speak, the Mayor declared the hearing closed. It was moved by Councilman Hanks, seconded by Councilman Backes, to order the improvement and authorize preparation of plans, specifications and advertisement for bids. The motion passed 6-0. 7a. Bingo 8a. Ethics PETITIONS, REQUESTS AND COIrIl�i[JNICATIONS By consent, a Notice of Intent to Conduct Bingo, Knights of Columbus at VFW, was ordered filed. RESOLUTIONS AND ORDINANCES Second reading of Ordinance Code amendment related to ethics. It was moved by Councilman Meland, seconded by Councilman Backes, to defer second reading of the ordinance to May 19, 1980, at which time Councilman Martin would be present. The motion passed 6-0. -139- /� :►. City Council minutes, May 5, 1960 8b. Rama's Addition; Rama's Addition: 1) Application for variance in Resolution No. 6550 sideyard requirement at G304 West 28 Street (authorized April 21, 198Q); 2) Utility easement agreement. IC was moved by Councilman Ralles, seconded by Councilman Elstrom, to waive reading and adopt Resolution No. 6550, entitled "A resolution granting variance in side yards from Section 14-128 of the Ordinance Code related to zoning to permit side yards of 4.6 feet and 6 feet instead of the required 9 feet in the R-1, Single Family Residence District at 4304 West 28 Street," and to authorize execution of utility easement agreement. The motion passed 5-1 (Councilman Hanks opposed)� 8c. Rama's Subd. Bond; Resolution reducing subdivision bond: Rama's Resolution No. 6551 Addition. It was moved by Councilman Backes, seconded by Councilman Meland, to waive reading and adopt Resolution 6551, entitled "Resolution accepting partial completion of work and authoriaing a reduced cash bond for remainder of Rama's Addition." The motion passed 5-1 (Councilman Hanks opposed). 8d. Friedberg Addition; Resolution related to subdivision bond; Resolution t7o. 6552 Friedberg Addition. It was moved by Councilman Ralles, seconded by Councilman Elstrom, to waive reading and adopt Resolution No. 6552, entitled "Resolution accepting completion of work and authorizing release of cash bond for the Friedberg Addition." The motion passed 6-0. REPORTS OF OFFICERS, BOARDS AND COI�'Il�IITTEES 9a. Planninq Commission 9b. Street Lighting Program The minutes of the Planning Commission meeting held April 16, 1980, were ordered filed by consent. Street lighting program analysis (M. � C. No. 80-24). Councilman Backes stated the staff report was 8 good study with respect to background but he would desire additional recommendations related to various options for future projects/assessments. -140- � ` -..� City Council minutes, May 5, 1980 The acting City Manager sCated staff's intent was to prepare a thorough assessment policy statement similar to the storm sewer policy and to include neighborhood lighting concepts, arterial streets, cotmnercial/industrial areas and how to deal with existing systems with maintenance problems. It was moved by Councilman Backes, seconded by Councilman Meland, to accept the staff report and to authorize preparation of additional recommendations and policies in resolution form for consideration May 19, 1980. Councilman Elstrom requested that the report include over lighting in commercial areas, such as the frequency of positioning lights in those areas as opposed to residential areas. The motion passed 6-0. 9c. Capital Improvement Program Report on Capital Improvement Program financing (M. & C. No. 80-23). It was moved by Councilman Ralles, seconded by Councilman Elstrom, to authorize preparation of a resolution amending the Capital Improvement Program for 1980-1981 projects; to authorize future project interest assessment rates to be 1 percent above the bond interest rate; projects scheduled for 1980 shall continue to pay 7 percent interest. The acting City Manager explained bond sales usually occur after a project has been placed; therefore,staff would not be able to identify what 1 percent above that interest rate would be. He said at a study session, the Council could be provided information related to the bond market. The Council agreed it would be appropriate to schedule a study session on the matter. Counci Lnan Hanks opposed the motion in that the City charged 7 percent interest on past projects at a time when the bond interest was 5 percent. It was moved by Councilman Meland, seconded by Councilman Elstrom, to amend the motion deleting reference to interest rates related to bond � market. The motion to amend passed 6-0. � The main motion, as amended, authorizing preparation of a resolution amending the Capital Improvement Program for 1980-1981 passed 6-0. It was moved by Councilman Hanks, seconded by'Councilman Elstrom, to schedule a study seseion in June with the City Finance Director and to include the City's bond consultant's opinions relative to the market, cash flow, etc. The motion passed 6-0. Mayor McQuaid stated that suggested dates for the meeting would be presented to the Council on MAy l9, 7QA�. , "-"'-----___--- -- - .. _....1 ...7 __..,.,._ . ,�..�..r.�.... City Council minutes, May S, 1980 9d. Zarthan Ave./Honeywell; Preliminary engineering report, Project 80-31, Pro ect 80-31 Zarthan Avenue landscaping and Honeywell easement. �It was moved by Councilman Elstrom, seconded by Councilman Meland, to � approve the easemenC agreement and to authorize preparation of plans, specifications and advertisement for bids for landscaping. The motion passed 6-0. 9e. Street Lightin�; Preliminary engineering report, Project 80-30, Project 80-30 east City Hall street lighting. It was moved by Councilman Hanks, seconded by Councilman Elstrom, to authorize preparation of plans, specifications and advertisement for bids. The motion passed 5-1 (Councilman Backes opposed). 9f. Housing Authority 10a. Appointments The minutes of the Housing � Redevelopment Authority meeting held April 28, 1980, were ordered filed by consent. UNFINISHED BUSINESS Appointments to boards and commissions. It was moved by Councilman Backes, seconded by Councilman Elstron, to appoint Stephen Kelley to an unexpired term on the Human Rights Commission. The motion passed 6-0. It was moved by Councilman Meland to appoint Christine White to an unlicensed professional position on the Health Advisory Committee. The motion passed 6-0. � The Council discussed the possible need to replace Thomas Williams on the � Housing Authority and Sandra Glasser on the West Hennepin Human Services Planning Board and agreed the matter would be considered on May 19, 1980. -142- City Council minutes, May 5, 1980 lOb. Cedar Lake Road Improvement Project 80-11, Cedar Lake Road Street Lighting street lighting (deferred from April 7, 1980). Tt was moved by Councilman Elstrom, seconded by Councilman Meland, to order the improvement and authorize preparation of plans, specifications and advertisement for bids. Councilman Elstrom suggested the corrmients at the nei�hborhood meeting appeared to indicate the residents were satisfied with eleven rather than 15 lights. Councilman Backes noted that the Council did not order the improvement for Lake Forest primarily because there was not 100-percent project endorsement by persons to be assessed. He said 100 percent of the Cedar Lake Road area property owners did not favor the subject improvement; however, perhaps the majority of persons attending the neighborhood meetings favored it. It was moved by Councilman Meland, seconded by Councilman Aalles, to defer the item to May 19, 1980, aC which time the necessary six votes would be present. The City Attorney stated six affirmative votes are required to order an improvement unless petitioned by a plurality of property owners. To adopt the assessment role for a project requires four votes. The motion to defer passed 6-0. 1G c. Second Floor Remodeling Financing of second floor remodeling {M. & C. No. 80-22). It was moved by Councilman Meland, seconded by Councilman Elstrom, to defer the item to May 19, 1980, to determine whether remodeling could be financed with monies currently in the improvement fund. The motion passed 5-1 (Councilman Hanks opposed). lOd. Traffic Study 226; Traffic Study No. 226; stop signs at Quebec Resolution No. 6553 and Rhode Island Avenues on Walker Street (deferred from April 21, 1980). Ken Schneider requested additional stop signs on Walker Street, due to the ballpark and to reduce speed. It was moved by Councilman Meland, seconded by Councilman Ralles, to waive reading and adopt the resolution authorizing installation of stop signs on Quebec Avenue and to not remove the existing signs on Rhode Island Avenue. The motion failed 3-2 (Councilmen Hanks and Backes opposed; Councilman Elstrom not present). -1!i�- City Council minutes, May 5, 1980 It was moved by Councilman Hanks, seconded by Councilman Backes, to defer the item until Councilman Elstrom returned to the chambers. The motion passed 5-0 (Councilman Elstrom not present). It was moved by Councilman Meland, seconded by Councilman Ralles, to waive reading and adopt Resolution No. 6553, entitled "Resolution authorizing placement of Craffic control signs at Quebec Avenue at Walker Street," amended by deleting authorization to remove existing signs at Rhode Island Avenue. The motion passed 4-2 (Councilmen Hanks and Backes opposed). Councilman Elstrom moved to reconsider the motion/vote. The motion failed for lack of a second. Councilman Elstrom stated she voted in error and did not favor the motion. NEW BUSINESS lla. Sprinkling Ban; First reading of Ordinance Code amendment related Ordinance No. 14b3 to restrictions on water use (authorized April 21, 19a0), and emergency ordinance authorizing restictions on water use. It was moved by Councilman Hanks, seconded by Councilman Ralles, to waive first reading of ordinance and set second reading for May 19, 1980. The motion passed 6-0. It was moved by Councilman Hanks, seconded by Councilman Ralles, to waive reading and adopt Ordinance No. 1463, entitled "An emergency ordinance authorizing the acting City Manager to impose restrictions on water use." Following a brief discussion related to the necessity of the emergency ordinance and that the public would be informed via the media, the motion passed 6-0. ; llb. Vending First reading of Ordinance Code amendment j Machines related to vending machines. , It was moved by Counciiman Elstrom, seconded by Councilman Ralles, to waive first reading of the ordinance (correcting Section 13-913(3) from "less" to"fewer") and set second reading for May 19, I980. The motion passed 6-0. � � -144- i .� ! City Council minutes, May 5, 1980 llc. Community Community Education 1980-81 budget. Education Budget Councilman Backes stated it important to determine to what extent taxpayers' funds should be committed to Community �ducation. He said a fixed amount for Co�nunity Education should be determined by the Council when adopting its budget and Commtmity Education should be required to adjust its requests/budget accordingly. He disagreed with the current practice requiring the Council to fit Community Education's request into its budget rather than the reverse. Councilman Meland explained the Community Education budget had been related more to programming than previous bud�ets. He suggested the document reflected the Council's past criticism and the current requests could be fully explained during a special meeting with the PAC. Councilman Backes stressed he was not being critical of Community Education which was an excellent program, but that the Council had an obligation to its budget. Mayor McQuaid agreed it appropriate to schedule a study session for so high a budget and to also establish guidelines for future requests. Councilman Hanks requested the dollar amount and percentage of the City's contributions from 1976 through 1980. He considered the proposed budget a tentative document for Council approval of specific funds and programs to be funded by the taxpayer. Following discussion, the Council agreed to meet with the PAC at 5:30 p.m., May 19, 1980, prior to the regular Council meeting. lld. Mobile Playground 1980 su�ner playground program - mobile. Following discussion of park attendance, it s�as moved by Councilman Ralles, seconded by Councilman Elstrom, to authorize sale of the bus and two weekly visits to certain parks by the recreation leaders as'recommended in the staff report. . The motion passed 6-0. lle. CATV A�reement llf. Fire I,ane/Byerly's; Resolution No. 6554 Cable Television agreement related to buried cable. The Council suthorized execution of the agreement by consent. Request of Byerly's for fire lane designation at 3777 Park Center'Boulevard. By consent, the Council waived reading and adopted Resolution t1o. 6554, entitled "ResoluCion authorizing placement of traffic control signs establishing fire lanes at 3777 Park Center Boulevard. � -145- 12a. Damage Claims City Council minutes, May 5, 1980 MISCELLANEOUS Damage claims Harry B. Rose, 2653 Xenwood Avenue. By consent, the Council authorized the above claim to be filed with the City Clerk for proper action by the acting City Manager and City Attorney. 12b. Communications 1) AMM report on 1980 legislation - pensions/ from Mayor PERA. Following discussion, it was moved by Councilman Backes, seconded by Councilman Elstrom, to authorize a staff report on the pension/PERA matter for May 19, 1980; to authorize the r�yor and Councilman Hanks to meet with the two represeiitatives of the police and fire departments to discuss the situation prior to that time. The motion passed 6-0. 2) City Manager Selection - Mayor McQuaid announced the consultant requested that June 26, 27 & 28, 1980, be reserved for interviews with at least five city manager applicants. It was moved by Councilman Hanks, seconded,by Councilman Elstrom, to reserve the above dates for the activity. The motion passed 6-0. 3) Idaho Avenue Sewer Backup - The Mayor reported she had been contacted by the property owners, but she explained the City's insurance company had denied their claims. Councilman Hanks noted there had been no proof of City liability and the matter should perhaps not be discussed. 12c. Communications from Acting City Mana�er 1) Letter (4/21/80) from W. Hurd related to Carroll Hurd Park - The acting City Manager stated a complete report on the matter would be presented to the Council on May 19, 1980. 2) Transfer of Liquor License, Miracle Mile Liquor Store, 5005 Excelsior Boulevard. It was moved by Councilman Hanks, seconded by Councilman Meland, to set public hearing on the transfer for June 2, 1980. The motion passed 6-0. ; -146- �� , City Council minutes, May 5, 1980 3) Housing Authority Workshop Session - The acting City Manager reminded the Council it was invited to attend the May 6, 1950, HRA workshop session on the current and future plans for Excelsior Boulevard. The Council was presented an agenda and Compilation of Approved Guides for the meeting. 13a. Verif ied Claims total amounts approved and authorized to CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS On motion of Councilman Backes, seconded by Councilman Meland, the list of verified claims prepared by the Director of Finance and directed to the City Council dated May 5, 1980, in the of $216,859.29 for vendors and $7,586.12 for payroll, were the City Manager, City Clerk and City Treasurer were issue checks in the same amounts by a vote of 6-0. 13b. Contract It was moved by Councilman Meland, seconded by Payments Councilman Hanks, to approve and authorize the � following partial payments: 1) Partial payment, Project 78-43, control panel modification. Lee Richert Plumbing. Amount: $5,554.98. • 2) Partial payment, Projects 77-3SB and 79-04, sod and topsoil, Doc Blanchard Enterprises. Amount: $13,521.84. 3) Partial payment, Project 79-57, Westwood Hills Nature Center, Bud Johnson Construction Company. Amount: $25,977.60. The motion passed 6-0. 14. Adjournment On motion of Councilman Hanks, seconded by Councilman Backes, the meeting was adjourned at 11:35 p.m. by a vote of 6-0. Attest: ��'`(/. Mrs. Flanagan Recording Secretary �/i/ � � �L...�. '� �� . -147- �