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HomeMy WebLinkAbout1980/07/21 - ADMIN - Minutes - City Council - RegularMI��UTES CITY COUPICIL MEETING ST. LOI�IS PARK, MI�VNESOTA July 21, 1980 l. Call to Order • A regular meeting of the City Council was called to order by Mayor Phyllis McQuaid at 7:37 p.m. 2. Presentations A resolution of sympathy was presented to the family of Charles P. Halligan. 3. Roll Call The following Councilmen were present at roll call: Ronald Backes Keith Meland Lyle Hanks John Ralles Jerrold Martin Phyllis McQuaid Also present were the Acting City Manager/Director of Planning, City Attorney, City Assessor and Director of Public Works. , 4. Approval of Minutes It was moved by Councilman Ra�lles, seconded i by Councilman Martin, to approve the minutes � of the City Council Study Session June 30, . 1930. The motion passed 6-0. It was r.tioved by Councilman Martin, seconded by Councilman Ralles to approve the minutes of the Public Meeting relative to the Highway 12 improvement project held July 1, 1980. The motion passed 6-0. It was moved by Councilman Ralles, seconded by Councilman Martin to approve the minutes of the regular City Council meeting held on July 7, 1980. The motion passed 6-0. -246- Council Meeting Minutes, July 21, 1980 5a. Approval of Consent Agenda The motion passed 6-0. It was moved by Councilman Hanks, seconded by Councilman 3ackes to approve the consent agenda as presented. 5b. Approval of A enda • It was moved by Councilman Ralles, sec- onded by Councilman Martin to approve the agenda as amended to include the addition of items lld, Minnesota Com- munities Plan for the Future and item lle, Personnel matter regarding the new City Manager by Councilman t�eland and items 1Dg Amhurst rrater main and iter� llf Police School Liaison Program by Councilman Hanks. The motion passed fi-0. 6a. Variance; 3T�9 '�exas Avenue South Resolution No. 6598 PUBLIC HEARINGS Application of Dale Edward Johnson for a variance in rear yard requirements at 1319 Texas Avenue South, as described in the Notice of Hearing published July 9, 1980. Illson Johnson, 1319 Texas Avenue South, spoke in support of the pro- posed variance for the purpose of building a porch. Councilman Hanks commented that the yard does not have a 25 foot rear setback as would be required. �4ayor McQuaid asked if any neighbors were opposed to the proposed porch addition. The Acting City Manager responded there were no written objections. Councilman Backes asked why staff had recommended denial. The Acting City Manager responded that it was a matter of judgment and that denial of the variance would not pose an undue hardship on the family. There being no one further wishing to speak, the Mayor declared the hearing closed. It was moved by Councilman Ralles, and seconded by Councilman Martin, to waive reading and adopt the Resolution �Vumber 6598 entitled "A Resolution granting v.ariance in rear yard setback from Section 14-133 of the Ordinance Code relating to zoning to permit construction of an enclosed porch resulting in a rear yard of 14 feet instead of the required 25 feet in the R-2 District at 1319 Texas Avenue." The motion passed 4-2 (Councilmen Backes and Hanks opposedj. -2�7- �' � City Council Meeting minutes, July 21, 1980 6b. Variance; Application of William Mozey, Jr, for 4 4 Co orado Avenue South atv4114nCAloradodAvenue Southra sdes- cribed in t�otice of Hearing published July 9, 1980. William Mozey, 4114 Colorado Avenue, addressed the Council in support of his ap�lication. Previously, Mr. t4ozey had planned to build a tandem garage with a bedroom upstairs but had not pursued this plan due to his neighbor's objections. He next planned a"tucked under" garage, but contractors said this plan was not structurally feasible. Another plan to raise the driveway and construct the garage aas prohibitive in terms of cost. The current plan is for a 12 foot wide garage on the the house. Because the floor of the garage will be than the floor of the house, it will not cut off any neighbors. n�rth side of 4 feet 1 a+er light to the Councilman Backes asked if Mr. Mozey's neiqhbors had b�en consultQd. and he responded that they had not. Councilman hlartin said he had spoken to the neighbors on the north. They were concerned whether Mr. Mozey intends to build on top of the garage, thereby cutting off their light. Mr. Mozey responded they had cancelled their plans to put a bedroom on top of the garage. Councilman Martin asked if height restrictions could be imposed. The Acting City Manager responded that height restrictions can in- deed be imposed and incorporated into the resolution. Councilman Ralles inquired if the garage could be constructed further back on the lot toward the golf course. Mr. Mozey responded that because quite a few trees would have to be removed, he did not r+ant to use that alternative. Mary Trzecinski, 4110 Colorado Avenue South, addressed the Council in opposition to Mr. Mozey's proposed variance. She said she had received a letter giving notice of the hearing on Friday, July 18 and this had not given her sufficient time to prepare her objections for the July 21 Council meeting. She said she needed n+ore time and requested the matter be deferred until August 18. Councilman Martin asked what additional information she neeaed. She responded that she is seeing an attorney, but is going on vacation and will not be able to attend the August 4 Council meeting. She stated the proposed variance may improve Hr, Mozey's property, but it will devalue hers according to realtors. Her yard is 40 feet wide and the addition of the garage will make her property appear even smaller. Other yards in the area are 50 feet wide. -248- City Council hleeting minutes, July 21, lggp Councilman Hanks inquired if appropriate letters were mailed by the Zoning Board of Appeals. The Acting City tlanager responded that she should have received two letters. Mrs. Trzecinski interjected that she had received only one letter on July 18 and that it was dated July 17. In response to a question from Councilman Meland, the City Attorney responded that although Mrs. Trzecinski did not receive one of the letters, this did not invalidate the hearing because the mailing was done in good faith. Councilman Meland asked if the hearing could be continued. The City Attorney responded that it could. Councilman Hanks said that in fairness to the aFplicant, he did believe that the hearing should be continued. Councilman Martin as there had been an attorney. said that he would oppose a continuation inasmuch sufficient time for Mrs. Trzecinski to obtain Councilman Ralles asked Mrs. Trzecinski to submit a letter to the Council if she found that she was unable to attend the August 4 Council meeting. Mr, Mozey said that although he feels he has �een patient for over a year on this matter, he would not oppose a continuation to the August 4 meeting. Jim Kimes, 5052 Cedar Avenue South, addressed the Council in support of Mrs. Trzecinski's opposition to the proposed variance. He re- iterated the concerns of the garage blocking light, the structure diminishing the appearance of her lot and the reduced value of her pronerty. Councilman Martin said he did not feel most people would discriminate about a 2 foot distance in side yard setbacks when buying a house. It was moved by Councilman Hanks, seconded by Councilman Backes, to continue the hearing to August 4, ]980. The motion passed 5-1 (Councilman Martin opposed). 6c. Variance; 3881 Hiqhwav 100 South Application of Yngve and Yngve for a variance in total sign area at 3881 Highway 100 South, as described in Notice of Hearing published July 9, 1980. -249- �� � City Council.Neeting Minutes, July 21, 1980 Albert Yngve, 6250 Wayzata Boulevard, addressed the Council in support of the proposed variance. He stated there has always been a sign on the front of this building. In 1965 a billboard was placed on top of the building by Naegele. There has been some difficulty in reniing the building because of the siqn area requirements. Cook & Johnson currently are renting the building and wish to erect a 2 x 10 foot sign which is smaller than signs used by former tenants. Councilman Hanks asked if it was possible to allow a sign without granting a var- iance to the property since it is located in a PUD. The Acting City Manager replied that a minimum name plate sign could be authorized without qranting a variance. Councilman Martin said he would su�port a KPstriction lir�iting the property owner to a na�e �late until the oroperty is developed. �tr. Brett Cook, 2615 Robbins Street, they do not want an advertising sign people can find their business. addressed the Council stating that but merely an identification sign so Councilman Hanks noted that their original request was for a 4 8 square foot sign and that the applicant had already amended his request so as to minimize the amount of signage needed for the building. There being no one further wishing to speak, the Mayor declared the hearing closed. It was moved by Councilman Hanks, seconded by Councilman Martin, to allow an identification sign of 20 square feet.and to allow the applicant to withdraw his application at which time variance fees will be returned. The motion passed 6-0. 6d. Improvement H��rinq;. � Improvement Hearing, Project 79-35A, Project 7g-35A t4aintenance on Paving, Curb and Gutters, Driveway Aprons, Sidewalks and Sanitary Sewer on Virginia Avenue between West 30� Street and West 31st Street, as described in Notice of Hearing published July 9 and July 16, 19�0. J. E. 8ri11, 512 Builders Exchanqe, addressed the Council on behalf of various property owners within the area of the proposed improvement project. He said that his clients were opposed to the special assessments and that there is no need for these improvements. According to t4r. Brill, the City Engineer had said�that the original design was faulty; there- fore, the property owners maintain that any improvements are the City's responsibility. Councilman Hanks asked how staff proposed to assess the costs of these improvements. The City Assessor replied that the cost of the sanitary -250- M._ City Council Meeting Minutes, July 21, lggp sewer repairs estimated at $28,000 would be charged to the Sewer Fund and that the City would finance the cost of street repairs in the amount of $7,200. • Councilman Martin said he was surprised at the opposition of property awners to this improvement project. He said that Alternative 2 was a good, sound approach to remedying problems caused by the settling of the street. - Mr. Brill corrmented that he was not sure his clients would necessarily favor the improvements even if the assessments were waived. Councilman Ralles asked if this area experienced problems with flooding. The Public Works Director replied that there has always been a problem with flooding in this area. Harold Posnick, 2601 Princeton Avenue South, addressed the Council about the City's responsibility for these improvements. He said that before his buildings were constructed, soil borings had been taken.� With this information, steps were taken to properly compact the soil under his buildings. He said there have not been any problems with his floors. However, he suggested that because the street has sagged, it seems the soil under it was not properly compacted. He maintained that it is the City's problem to correct the street. Councilman Martin stated that while no one seeins to want the project done if it means an assessment, there could.be greater support for the project if only one-third of the project cost was assessed to the property owners. Councilman Hanks said he was not in favor of that method of assessment. There being no one further wishing to speak, the Mayor declared the hearing closed. Councilman Hanks said that Council was too far from a reasonable solution if the City would have to absorb two-thirds of the cost of these im- provements. Mayor McOuaid said she could not agree to such an assessment. It was moved by Councilman Martin to order the improvements with the City bearing two-thirds of the costs and the remainder to be assessed to the owners a�nd that an assessment hearing be set for August 4. The motion died for lack of a second. Councilman Hanks moved, and Councilman Meland seconded, that these improvements not be made. Councilman Ralles asked if the hearing could be reopened and continued. Councilman Hanks withdrew his motion. It was moved by Councilman Hanks, seconded by Councilman Ralles, to reopen -251- City Council Meeting Minutes, July 21, 1980 the hearing and continue it at ihe August � meeting and to direct staff to work with the neighborhood relative to this project in the interim. Councilman Backes comnented that bids were taken on July 10 and asked how long those bid prices would be in effect. The Acting City Manager responded they are good for 60 days. The motion made by Councilman Hanks passed 6-0. 6e. Im rovement Hearin ; ro�ect 80-3 Improvement Hearing, Project 80-37, Opening, Grading and Graveling of Beltline Boulevard, as described in Notice of Hearing published July 9 and July 16, 1980. Bob Ehrenberg, Beltline Industrial Park, addressed the Council in support of the extension of Beltline Soulevard. He asked how this project would be financed. He also inquired about the status of connecting this ex- tension to Minneapolis instead of constructing a cul de sac. Mayor McQuaid replied that there were no plans to connect Beliline Boulevard to Minneapolis. Councilman Hanks asked how much money had already been spent on this project. The Acting City Manager responded that about 10 years ago, the City acquired property around Bass Lake some of which was needed for right- � of-way purposes. The cost of the land was $150,000. �: Lewis Remele, 900 First National Bank, addressed the Council rep- resenting the Milwaukee Raodroad. He said that since the railroad is in- ' volved in bankruptcy proceedings at this time, ihe City would become one of a lonq 19st of general creditors if special assessments for this ; project were made against the railroad. Councilman Hanks asked the City Attorney to cormient on this. The City Attorney replied that collection of the assessment could be deferred until the land is sold. George DuFour addressed the Council in support of this project. He carmented that the City could develop this area and that he had,spoken to architects about potential facilities suitable for this location. In response to a question from Councilman Ralles, Mr, DuFour said that he would prefer not to use France Avenue as a means of access to his prooerty because the traffic resulting from development would not be of a residential nature. -252- City Countil Meeting Minutes, July 21, 198p Mr. DuFour encouraged the City to consider becoming involved in the re- development of this area. He indicated that the site had a total of 8.3 acres. He said that he would like to build �n office building having 100,000 square feet. Councilman Backes comnented that the cost of $420,163 for access to this property does not appear to represent a good investment for the City. There being no one further wishing to speak, the htayor declared the hearinq closed. Councilman Ralles stated that it was premature for the Council to make a final decision on this development. Councilman Hanks maintained that Council had all of the information needed to vote on this matter. It was moved by Councilman Ralles, seconded by Councilman Backes that the improvements not be made. Councilman Backes withdrew his second and stated that a decision could be made following information presented at the assessment hearing. It was moved by Councilman Backes, seconded by Councilman Meland to reopen the hearing and conti�ue the hearina. until August 4. The motion passed 4-2 (Councilmen Hanks and Ralles opposed). PETITIONS, REQUESTS, COMMUNICATIDNS la. Quentin and 40th Street Petition from residents from Quentin and 40th Street requesting the closure of Quentin Avenue at 40th Street. Angelo Caliendo, 4004 Quentin Avenue South, addressed the Council in support of the petition. He stressed the petitioners' concerns about maintaining the peace and character of their street. He reported that a traffic count taken in February 1980 showed a daily traffic volume of 2,134 cars.� The residents desire some type of buffer from incr.eased traffic that will result from new development in this general area. Mayor McQuaid asked if the petition had been circulated among residents on Wooddale. Mr. Caliendo responded that the petition had not been circulated in that area. Mayor t4cQuaid commented that when a street is closed, traffic is forced onto another street creating a similar problem. She said that it was important for the residents on Wooddale to be included in a neighbor- hood meeting. -253- Y- i F Y City Council Meeting Minutes, July 21, 1980 It was moved by Councilman Hanks, seconded by Councilman Backes, to refer the matter to staff for analysis. . The motion passed 6-0 Councilman Hanks requested that a neighborhood meeting be held. 7b. Business At Petition from residents of 2300 2300 B ock of Sumter Avenue block of Sumter Avenue regarding operations of a business. Arnold Ribnick, 2306 Sumter Avenue, addressed the Council to register a complaint against Dick Hughes, 2311 Sumter Avenue, who is operating a 24-hour towing service. He said that this kind of business is an , annoyance to the neighbors who frequently.awaken for their sleep be- cause of radios that have been left on in the trucks and the sounds of chains and other automotive devices. He also stated that numerous cars are frequently parked in the driveway. He said that Mr. Hughes has rented the property at 2311 Sumter Avenue for seven years. Councilman t4artin said that this would seem to be in clear violation of the City's ordinance restricting the operation of a business from a residential area. He said Council should consider leqislation if a stronger ordinance is needed. He asked if the owner of the home at 2311 Sumter Avenue had been contacted. � Dick Hughes, 2311 Sumter Avenue, addressed the Council. He stated that he owns two trucks and has an AAA radio. He said that radios in his trucks shut off when the engine is turned off -- radios do not j run all night as alleged by his neighbors. Mr. Hughes said that he � does not leave cars in his driveway for more than a day. He also said �i that he owns a semi-trailer which is rarely left at the premises. t ' Councilman Martin asked �4r. Hughes about the semi-trailer being parked � in the yard and about the presence of junked cars. Mr. Hughes responded that the only time the semi has been parked there is while he runs in for a change of clothes which is no longer than 15 to 30 minutes. He said that junked cars are disposed of within a day. Councilman Martin asked if Mr. Hughes had ever impounded vehicles. Mr. Hughes said that he has not impounded vehicles for at least two years. Mr. Hughes maintained that his operation was no different from Golden Auto which has employees on call on a 24-hour basis. He said that he er�loys one driver. Councilman Martin said that he wanted to refer the matter to staff for further research. He stated that it was unsightly for the residents to have to look at even one tow truck in their neighborhood. He also -254- City Council Meeting �4inutes, July 21, 1980 said that the ordinance relative to home occupations should be reviewed thoroughly. He said that a solution needs to be found that is compatible to Mr. Hughes and his neighbors. . Edward Wicklund, 2320 Sumter Avenue, addressed the Council. He sug- gested that Mr. Hughes was the owner of the four trucks. He stated that Mr. Huqhes has his business listed under six separate categories in the yellow pages of the telephone book. Mr. Hughes stated that if action to see it applied to all trucks, parked on any City streets. is brought against him, he would like snow plows and commercial vehicles It was moved by Councilman �4artin, seconded by Councilman Ralles, to refer the matter to staff for research and to enlist the assistance of the City Attorney. The motion passed 6-0. 8a. Vacation; 8524 West 25th Street Ordinance No. 473 RESOLUTIONS AND ORDINANCES Second reading of ordinance to vacate a public utility easement at 8524 West 25th Street. Councilman Meland moved, and Councilman Martin seconded, to waive second reading and adopt Ordinance 1473 entitled, "An ordinance vacating a utility easement." The motion passed 6-0. ab. Ordinance Chapter 8 Fire Protection First readinq of Ordinance Code amending Chapter 8, Fire Protection, by adopting the Uniform Fire Code by reference. Councilman Martin asked Steve Anderson, a representative from the Fire Department, about the differences between the Fire Prevention Code and the Uniform Fire Code. Mr. Anderson responded that the adoption of the Uniform Fire Code would bring the City into agreement with the State Fire Code. Because the City is under contract with the State of Minn- esota to inspect various buildings, the Fire Department must use a code that is as stringent as the State code. It was moved by Councilman Backes, seconded by Councilman Martin, to waive first readina of the ordinance and set second reading for August 4, 1980. The motion passed 6-0. l.f:. �rm+:7 -255- .rr" City Counci] Meeting Minutes, July 21, 1980 REPORTS OF OFFICERS, BOARDS AND COMMITTEES 9a. Housinq and Redevelopment Authority 9b. Board of Zoning Aopeals 9c. Parks and Recreation Comnission 9d. Bassett Creek Flood Control Corrmi ss i on 9e. Cedar Lake Road at Zarthan Avenue Resolution P�o. 6599 The minutes of the Housing and Rede- velopment Authority meeting held July 8, 1980 were ordered filed by consent. The minutes of the Board of Zoning Appeals held June 26, 1980 were ordered filed by consent. The minutes of the Parks and Recreation Commission meeting held July 9, 1980 were ordered filed by consent. The 1981 annual budget of the Bassett Creek Flood Control Com- mision was accepted by consent. Report on modifications and realign- ment of Cedar Lake Road at Zarthan Avenue. It was moved by Councilman Ralles, seconded by Councilman Martin, to vraive reading and adopt Resolution IVo. 6599 entitled, "Resolution approving � Hennepin County Project No. 8017 (S.A.P. 27-616-06) for the improvement � of Eounty State Aid Niqhway No. 16" .'.� The motion passed 6-0. 9f. Traffic Study P�o. 239 Resolut�on No. 6600 Traffic Study No. 239, Yield signs at 34th and Virginia. Ed White, 3340 Virginia Avenue, told the Council that yield signs on Virginia Avenue at West 34th Street would not be sufficient to reduce driving speeds. He said that in his opinion stop signs are the only waY to control speeding. Carol Berger, 8211 West 34th Street, said that children in the neighbor- hood and three handicapped residents who live at the foot of the hill are es�ecially jeopardized by speeding cars. She also said that speeding is a problem because the intersection is located at the bottom of a long hill• Councilman Hanks asked if stop signs at this intersection would be hazardous in icy weather. -256- City Council Meeting Minutes, July 21, 1980 Mrs. Berger replied that stop signs should be placed at the top of the hill rather than at the bottom. It was moved by Councilman Meland, seconded by Councilman Hanks, to waive reading and adopt Resolution No. 6600 entitled, "Resolution authorizing the placement of traffic control signs on Virginia Avenue at West 34th Street", as amended to authorize the placement of four stop signs at the intersection. ' The motion passed 5-1 (Councilman Backes opposed). 9g. Traffic Stud No. 238 42n and Yosemite Traffic Study No. 238, Stop sign at 42nd Street and Yosemite Avenue Mayor McQuaid comnented that the staff report demonstrated that stop signs were not needed at this intersection. She also stated that staff was conducting a study to determine if a need existed for a no left turn sign at the intersection of Yosemite Avenue and Excelsior 8oulevard. 9h. Traffic Study No. 237 Resolution No. 6601 Traffic Study No. 231. Parking at 32nd Street and Florida, Georgia, Dakota and Edgewood Avenues (1/2 hour parking 8 a.m. to 3 p.m.) It was moved by Councilman Hanks, seconded by Councilman Meland, to waive reading and adopt Resolution No. 6601 entitled, "A resolution authorizing the installation of one-half hour parking signs on Dakota, Edgewood, Florida and Georgia Avenues between West 32nd and West 33rd Streets." . The motion passed 6-0. 9i. Preliminar Enqineerinq Report; Pro'ect 80-49 Preliminary engineering report, Pro- ject No. 80-49. T-Alley bounded by Minnetonka Boulevard, 29th Street, Natchez and Monterey Avenues. It was moved by Councilman Hanks, seconded by Councilman Martin, to authorize preparation of plans, specifications and advertise for bids and to set public hearing for August 18, 1980. The motion passed 6-0. 9J• Naeqele Special Permit Application of Naegele Outdoor Ad- vertising for a special permit to allow a billboard on property lo- cated at 1332 Zarthan Avenue South Nancy Jorgensen, 1700 W. 78th Street� Richfield, appeared as a represen- tative of Naegele to answer Council's questions regarding Naegele's -257- � '�-- .�- City Council Meeting Minutes, Ju1Y 21, 1980 request for a special permit. Councilman Hanks said he had a problem with the installation of an out- door advertising sign in the DDD area. He asked Ms. Jorgensen if Naegele would aqree not to enter any further requests for signs in an area bounded by Highwa� thatHWaeqelelwouldhhonorlthedrequest.and Zarthan Avenue. Ms. Jorgensen sa Councilman Backes asked if Naegele would oppose not allowing billboards in the DDD area as part of the ordinance. Ms. Jorgensen responded that Naegele would be opposed to such a prohibition. Howard Dahlgren, 1 Groveland Terrace, Minneapolis, addressed the Council in his capacity as a planning consultant. He said the City had made a tremendous achievement in the passage of the DDD ordinance. He said that the intent of the Diversified Development District is to�create a develop- ment of hi�h quality. Qil'15oards, he�said, are not compatible�with the design of the �D�. Dave Johnson and Joe Zwak of Coldwell Banker, presented an aerial map of the DDD showing the layout of ihe development and illustrating those property owners opposed to the installati�on of billboards. He said that this opposiiion represented nearly 80% of the property owners who had invested in this area. Ms. Jorgensen said the intended billboard would be aesthetically pleasing and compatible with the overall DDD design. Councilman Backes asked the'dimensions of the proposed billboard. Ms. Jorgensen replied that the billboard would be 14 feet x 48 feet and have an area of 672 square feet and an extension of up to 78 feet. Councilman Backes remarked that the limitation of the size of billboards throughout the City is 600 square feet while there is no limitation in the Diversified Development District. He said that in every other district the proposed billboard would be illegal. Councilman Backes asked the City Attorney if it was legally permissable to allow a bill- board in the DDD area that would be illegal in any other district. The City Attorney requested time to review this matter in greater detail in order to properly advise Council of its latitude. Councilman Backes asked that this matter be deferred until August 18• He said that Councilman Elstrom would not be back until that date. She has been very interested in this matter because it involves her ward. In response to a question from Councilman flartin, the City Attorney advised Council that it had the latitude in this matter to determine acceptable kinds of development in the DDD area. -258- City Council Meeting Minutes� July 21� 19fin Councilman Backes asked the Acting City Manager to :tate th� li�nitations regulating billboards in all other areas of the City, The A�tin9 �1ty Manager said that the maximum area permttted i; F,� 5q��are foot �nd the maximum height is 35 feet. The proposed billboar4 er.c,eods both res- trictions. It was moved by Councilman Meland, secon�fPd by Coun�il�n Martln to authorize preparation of a Fesolution for thp Avgu:t 4 meetln� fncor- porating a commitment that no further billhoard in:tallatlons fn an area bounded by Highway 12, Hiqhway 10�, the ra11r���1 tra�ks �n�1 Zarthan Avenue be allowed. Mayor McQuaid said she would oppose the motion. She :aid that,rrhile this installation is viewed as being on the edge of thP DUD, no P!i�P of the D00 will be safe from requests for special consideration. Ml�yor NcGu�i� also said that the developers were supposed t� hav�� a voice in thp �evplop�nent of this area. Apparently the majority i�. �ppo�e� to billboards. She noted that the majority is usually upheld 1n rPsidentfal areas. She questioned why the same should not be true in the Diver;ified Develop�nent District. � Councilman Hanks remarked that Council has never �,pposed billb�ar�s in the DDD area. Councilman Backes noted that the original O�D ordinance prohibited billboards. The Acting City Manager comnented that the prohibition v+as part of the ordinance for two years. The question was called and the motion passed 4-2 (Councilmen Backes and McQuaid opposed). 9k. Monthl_v Financial Report 91. Metropolitan Council's Proposal By consent the monthly financial report for June 1980 was ordered re- ceived for fllinq. Metropolitan Council's proposed procedures for revl e+� of a�+endR+ents to local ca�prehensive plans. Councilman Meland said there was not enouqh infor+natlon to approve this item.� He sugqested that the scope of the changes that are bPfn� con- siderecf b the Metro olitan Council rras slgniflcant. The changes representya weakeninq of home rule becassactionseas d oestCity�Council. does not have the accountability for it -7.59- � —.� J .� - City Council Meeting Minutes, July 21, 1980 Councilman Backes noted that many cities have requested extensions on their com�rehensive plans. He stated that a public hearing has been scheduled for July 31 and felt staff should review the proposed amend- ments in detail and appear at the public hearing. It was moved by Councilman Backes, seconded b,y Councilman Hanks to request a 30-day extension of the public hearing and to direct staff to study the proposed amendments and to prepare statements for presentation at the public hearing. The motion passed 6-0. 9m. Transfer of Tax Forfeited Land Proposed Policy of Hennepin County on Transfer of Tax Forfeited Land It was moved by Councilman Meland, seconded b,y Councilman Ralles, to direct staff to oppose the County's proposed policy on the transfer of tax forfeited land. Motion passed 6-0. 10a. Appointments UNFINISHED BUSINESS Appointments to Boards and Commissions. It was moved by Councilman Meland to appoint Dick LaCasse to the West Nennepin Human Services Planning Board. The motion passed 6-0. Mayor McQuaid said that Councilman Martin, Councilman Backes and she will interview candidates for the Human Rights Commission openings on August 4. lOb. Police Pension Benefits Report on Police Benefits Resolution No. 6602 Councilman Hanks asked if the proposed changes to the police pension benefits vrere comparable to benefits under the Public Employees' Retire- ment Association (PERA}, The Acting City t4anager stated that these changes would be implemented within the local police pension plan. He said that the proposed changes are consistent with a recent State law. It was moved by Councilman hlartin, seconded by Councilman Backes, to waive reading and adoot Resolution No. 6602 entitled, "A resolution modifying the benefits of St. Louis Park Police Relief Association," The motion passed G-0. -260- City Council Meeting �linutes, July 21, 19gp �pc. Mortgage Bond Program Single family/multiple fa�ily revenue mortgage bond program Councilr:�an Martin asked if �he amounts proposed by the various developers interested in pariicipating in the mortgage revenue bond program assumed that all of the units would be sold. Mr. Richard Lincoln of Mill�r and Schroeder said that this assumption was made. Councilman Martin asked for an estimate of the amount of funds available to fund some or all of these programs. The Acting City Manager replied that the eight proposals which have been received represent a total of $32,700,00�. He said that on J��e 2, 1980, Council authorized initiating steps to sell �48 million in mortgaae revenue bonds. The Acting City Manager emphasized that the eight mortgage revenue bond proposals were not final. The proposals must be considered in light of market pressures. They must also conform to certain income requirements adopted locally and by the State. �he Acting City Manager further commented that the proposals should be refined by August 4. He also indicated that proposais from banks and savings and loan institutions were beinq solicited in order to extend the program to the purchase of existing units. • It was moved�by Councilman Martin, seconded by Councilman Backes, to authorize staff to pursue obtaining bond counsel for the anticipated mortgage revenue bond program. The motion passed 5-1 (Councilman Hanks opposed). It was moved by Councilman Martin, seconded by Councilman Backes, to accept each of the proposals with the understanding that the exact amount of mortgage money to be provided is dependent on the project's conformance to the City's guidelines. The motion passed 5-1 (Councilman Hanks opposed). 10e. Code of Ethics Code of Ethics The City Council held an executive session with the City Attorney on the Code of Ethics. Upon returning to the regular Council session, it was moved by Council- man Hanks, seconded by Councilman Backes, to authorize staff to prepare suggested language for the form of the question to be placed on the -261- � � City Council Meeting Minutes, July 21, 1980 General Election ballot aith respect to the Code of Ethics. Councilman Meland suggested that it was preferable for a committee of the Council to phrase the question. The motion was withdrawn by Councilman Hanks. It was moved by Councilman Hanks, seconded by Councilman Ralles, to appoint Mayor t4cQuaid, Councilman Meland and Councilman Martin to a comnittee for the purpose of phrasing the question to appear on the General Election ballot relative to the proposed Charter amendment on the Code of Ethics. � The motion passed 4-2 (Councilman Backes and Mayor McQuaid opposed). lOf. Report on Northern Cablevision Report on Northern Cablevision. Mayor McQuaid informed Council that a letter from Northern Cablevision was received on Monday afternoon, July 21. Councilman Martin stated that ihere was apparently some confusion with respect�to the proper reporting forms. Councilman Meiand suggested that Council defer any action on this matter until August 4 to allow staff to prepare an up-to-date report. lOg. Amhurst 4latermain and Sewer ro�ects Amhurst watermain and sewer projects. It was moved by Councilman Hanks, seconded by Councilman Meland, to allow the contractor to start these projects after all proper waivers have been received for assessment purposes. The motion passed 6-0. lla. Beltline Boulevard NEl� BUSINESS Bid tabulation: Construction of Beltline Boulevard. It was moved by Councilman Backes, seconded by Councilman Nanks, to defer action until August 4. The motion passed 6-0. -262- City Council Meeting Minutes, July 21, 1980 llb. Street Lighting Bids Street Lighting Bids, Project Nos. 80-11, 80-11A, 80-12, 80-15, 80-17, 80-26, 80-30, 80-41, 80-47, 80-48. It was moved by Councilman 8ackes, seconded by Councilman Meland, to designate the lowest responsible bidder and authorize execuiion of the contract. The motion passed 6-0. llc. Sanitary Sewer; Project 79-35A Street reconstruction; Sanitary sewer, Project 79-35A. It ►ras moved by Councilman Backes, seconded by Councilman Meland to defer action until August 4. The motion passed 6-0. lld. Minnesota Comnunities Planning for the Future Minnesota Cortmunities Planning for the Future. Councilman Meiand commented on an announcement concerning the meetings of Minnesota Communities Planning for the Future. He said that the interests of cor�nunities such as St. Louis Park would be better met if we had been grouped with communities in the suburban Minneapolis area rather than with smaller comnunities north of the Pietropolitan area.He also stated it is difficult for part-time Council members to travel any distance to attend this type of ineeting. Mayor McQuaid said that she �vould write a letter to the Govenor expressing these concerns. lle. Personnel Matter� with Reqard to Ci tY Ptanaqer Per•sonnel matter �•�i th regard to Ci ty Manager. It was moved by Councilman Meland, seconded by Councilman Martin, to authorize one or more Council members to travel to Worthington, Ohio. The motion passed 5-1 (Councilman Backes opposed). llf, Police School Liaison r� ram Police School Liaison Program. As a result of the joint City Council/School Board meeting, July 21, 1980, it was moved by Councilman Hanks, seconded by Councilman Martin to appro- oriate �11,023 for the Police School Liaison Program, this being one-half of the cost of the program. The other half of the cost will be paid by -263- 1� ::,. ,. � City Council Meeting Minutes, July 21, 1980 the School District. The motion passed 6-0. 12a. Damage Claims MISCELLANEOUS Damage claims. Kay Lynn Thiel, 7516 13th Lane. By consent, the Council authorized the above claim to be filed with the City Clerk for proper action by the Acting City Manager and the City Attorney. 12b . Cortranuni cati ons from Mayor Mayor McQuaid reported on a notice from Metropolitan Council regarding a Light Rail Transit feasibility study. It was moved by Councilman Hanks, seconded by Councilman Backes, that Mayor F1cQuaid and Acting City Manager Thibault serve on the coordinating comxnittee. The motion passed 6-0. 12c. Communications from cting ity Manager Idaho Avenue Sewer Claims. It was moved by Councilman Backes, seconded by Councilman Ralles, that these items be added to the damage claims list to be filed with the City Clerk for proper action by the Acting City Manager and the City Attorney. The motion passed 6-0. I Cardinal Glass. It was moved by Councilman Meland, seconded by Council- � man Ralles, to authorize payment in the ar�ount of 515�,105.68 as the jury � a�•�ard in the conder�natior case of City vs. Cardinal Glass/Alnor Company. I . The motion passed 6-0. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMEN7S 13a. Verified Claims Verified Claims. On motion of Councilman Hanks, seconded by Councilman Ralles, the list -264- City Council Meeting Minutes, July 21, 1980 of verified claims prepared by the Director of Finance and directed to the City Council dated July 21, 1980 as amended in the total amount of $614,615.94 for vendors and $26,187.63 for payroll were approved and the Acting City Dlanager and City Treasurer were authorized to issue checks in the same amount by a vote of 6-0. 13b. Contract payments. 14. Adjournment attest: �.�� � Sharon Klumpp Recording Secr ary Contract payments. None. On motion of Councilman Meland, seconded by Councilman Martin, the meeting was adjourned at 12:40 a.m. by a vote of 6-0. � � C�� e y i McQuaid, Mayor -265- i� -