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HomeMy WebLinkAbout1980/08/04 - ADMIN - Minutes - City Council - Regular1. Call to Order 2. Presentations 3. Ro11 Cal1 MINUTES CITY COUNCIL MEETING St. Louis Park, Minnesota August 4, 1980 � A regular meet�ng of the City Council was called to order by Mayor Phyllis McQuaid at 7:40 p.m. Mayor McQuaid presented a Resolution of Appreciation to Harold Hanson in appreciation of his 20 years of service with the City Nater Department. The following Councilmen were present at roll call: Ronald Backes Lyle Hanks Jerrold Martin Keith Meland John Ralles Phyllis McQuaid Also present were the Acting City Manager/Planning Director, City Attorney, Director of Public Works and the City Assessor. 4. Approval of Minutes It was moved by Councilman Ra11es, seconded by Councilman Martin, to approve the minutes of the joint City Council/ School Board meeting held July 21, 1980. The motion passed 5-0-1 (Councilman Meland abstained). It was moved by Councilman Backes, seconded by Councilman 14artin, to approve the minutes of the regular City Council meeting of July 21, 1980, as amended on page 249 to strike the word "not" from the first line of the fourth paragraph and on page 261 to change the artwunt of the figure in line two to $32,700,000. The motion as amended passed 6-0. 5a, AQproval of Consent Agenda The motion passed 6-0. 5b, Approval of Aqenda It was moved by Councilman Meland, seconded by Councilman Ralles to approve the consent agenda. It was moved by.Councilman H�ove�thecagenda by Councilman Councilman Martin to add as amended by -261- �r City Council Meeting Minutes, Au9ust 4, 1980 Item lOh, Yosemite Avenue at Excelsior Boulevard, by Councilman Hanks to add Item 10i, Setting Assessment Hearing Dates, and by Mayor McQuaid to add Item lld, Stop Signs at Cedar Lake Road. The motion as amended passed 6-0. PUBLIC HEARINGS 6a. Variance: Application of William Mozey, Jr, for a 4114 Colorado Avenue South variance in side yard requirements at Resolution No. 6603 4114 Colorado Avenue South as described in Notice of Hearing published July 9, 1980 (continued from July 21, 1980). Mr. Mozey told the Council that he had met with Mrs. Trzecinski, his neighbor. He said that he had guaranteed to her that he would not construct anything on top of the proposed garage. He said that he would be installing stained glass on one side of the garage epsuring privacy but allowing light. With regard to the retaining wall, he explained that he plans to change the grade of his yard so tl�at it is consistent with the grade of Mrs. Trzecinski's yard. He asked Council for a decision since time was of the essence. Mark Wollschlager, 3255 Hennepin Avenue, Minneapolis, spoke on Mrs. Trzecinski's behalf. He reviewed the facts of the application and stated that denial of the variance would not �roduce an undue hard- ship for Mr. Mozey. Therefore, he said, Council was not justified in ordering it. He stated that the Council could not ignore the zoning laws, and that there was no point in allowing the variance because it was not consistent with the zoning laws. He added that denying the variance would not prevent Mr. Mozey from building a garage. He concluded that the variance was not justified and that if granted, it would have an adverse impact on Mrs. Trzecinski's property. Mrs. Trzecinski addressed the Council and said that the granting of this variance would cause her property to be devalued. Mr. Mozey stated that of the 38 homes in his neighborhood, 28 are in violation of the side yard requirements. There being no one further wishing to speak, the Mayor declared the hearing closed. It was moved by Councilman Martin, seconded by Councilman Ralles, to waive reading and adopt Resolution No. 6603 entitled, "Resolution granting variance in side yard setback from Section 14-133 of the Ordinance Code relating to zoning to permit a 1-story garage on t�e north with a side yard setback of 4 ft. instead of the required 6 ft. in the R-2 district at 4114 Colorado Avenue." -268- � City Council Meeting �4inutes, August 4, lggp The motion passed 4-2 (Councilmen Backes and Hanks opposed). 6b. Improvement Hearing; Project 79-35A Resolution No. 6604 Improvement Hearing, Project 79-35A, Maintenance on Paving, Curb, Gutters, Driveway Aprons, Sidewalks and Sanitary Sewer on Virginia Avenue, West 30� Street and West 31st Street as described in Notice of Hearing published July 9 and July 16, 1980 (continued from July 21, 198p), James Greupner, 512 Builders Exchange, Minneapolis, addressed the Council on behalf of the property owners. He said that he had met with represen- tatives of the Public Works Department and that he had a good understanding of the three alternatives. He said that it was the impression of the prop- erty owners that Alternative #1 would solve the problem, but that Alter- native �2, while more costly, would provide a 20-year guarantee. He ex- plained that the property owners desire the best solution since the streets in this area have been a problem for a number of years. According to Mr. Gruepner, the property owners believe that the City should accept some responsibility for this problem. The property owners would like to accept Alternative �2 if the City participates to a greater extent in the cost. Mr. Greupner suggested the City contribute one-half of the cost of the improvement. If the City felt it could not make a meaningful contribution, he said that the property owners would request Alternative �1. There being no one further wishing to speak, the Mayor declared the hearing closed. Councilman Hanks stated that the residents of the proposed improvement area have had this street for 18 years. He said he could not support a City contribution of one-half of the cost of improvement. Councilman Martin said he appreciated staff's efforts in meeting with the property owners. He stated his support for Alternative #2, but said that the property owners should not have to bear the total cost. The City should share in the funding and he suggested one-third of the cost. Councilman Hanks asked the Public Works Director when the City first pro- vided a 20-year guarantee. The Public Works Director said that this practice began in 1969. Councilman �anks observed that this proposed project was being regarded as though the 20-year guarantee was applicable. He stated that the guarantee for streets was placed in effect eight years after the construction of these streets. Councilman Martin stated that he did not want to see the proposed improve- ments made without a 20-year guarantee for the property owners. He sug- gested that the City assume part of the difference between the costs of Alternatives #1 and �2. -269- � '�r ; , � � 3 City Council Meeting Minutes, August 4, 1980 Councilman Backes asked if the assessment hearing were held on September 2, when construction would start. The Public Works Director replied that staff would try to get the projett underway. He aske� whether waivers could be obtained in order to begin work at the earliest possible date. The City Attorney responded that waivers could be obtained. Mr. Gruepner asked if there could be a consolidation of assessment hearings. Councilman Martin replied that Council could not do that because the approp- riate notices had not yet been mailed. Councilman Hanks asked the City Attorney if a�motion could be made expres- sing the action Council wanted to take designating the amount of the City's share. The City Attorney replied that such a motion could be made. i1 It was moved by Councilman Hanks, seconded by Councilman Martin, to waive reading and adopt Resolution No. 6604 entitled, "Resolution ardering im- provement far Improvement No. 79-35A and declaring cost to be assessed and ; ordering preparation of proposed assessment," thereby authorizing the ! implementation of Alternative �2,establishing the City's share at 355,856 and instructing staff to obtain all necessary waivers so that the improve- �, ments can commence as soon as possible. Mr. Gruepner said that all of the property owners present were in agreement with this arranqement. He did, however, advise Council that he was not representing all of the property owners but that he would contact them regarding the waivers. The motion to adopt Resolution No. 6604 passed 6-0. Councilman Backes comnented that new assessment notices should be prepared notifying property owners of the September 2 hearing. 6c. Assessment Nearin ro�ect 1 -35_ Assessment Hearing, Project 79-35A, Haint- enance on Paving, Curb and Gutters, Orive- way Aprons, Sidewalks and Sanitary Se+�+er on Yirginia Avenue, West 30� Street, and West 31st Street as described in Notice of Hearing Published July 16, 1980. In response to a question from the Council, the City Attorney repled that the improvement project could be expedited if all the property owners signed the waiver. -270- City Council Meeting Minutes, August 4, 1980 Councilman Backes noted that the September 2 assessment hearing would be the last chance for property owners to appear before the Council should their assessment be wrong. � The Acting City Manager said that each �roperty owner would receive a notice specifying the amount to be assessed. If they choose to sign the waiver, the City can proceed. If not, they can come to the September 2 assessment hearing. - Councilman Meland said that since the assessment hearing is invalid, the Council should reject the resolution. It was moved by Councilman Martin, seconded by Councilman Meland to reject the resolution. The motion pessed 6-0. 6d. Improvement Hearing; Project 80-37 Improvement Hearing, Project 80-37, Opening, Grading and Graveling of Beltline Boule- vard as described in Notice of Hearing published July 9 and July 16, 1980 (con-- tinued from July 21, 1980) Bob Ehrenberg, 3440 Belt Line Boulevard, appeared on behalf of 8elt Line Industrial Park. He said he generally favored the extension of Belt Line and would like to see the railroad property developed. He also said he would like to see Minneapolis involved in the project. He did, however, have some doubts about the project, primarily because the extension would result in a cul de sac. Ne questioned if the benefits would be equivalent to the $19,000 proposed assessment. If the road went through to Minnea- polis, he said he would support the project. Because of the cul de sac, he did take strong issue with the proposed improvement. George DuFour addressed the Council and reviewed the economics of the situation. He said there woul� be $4 million worth of construction on 3 acres which would represent $164,000 in new taxes to the City in addition to special assessments. Under the Fiscal Disparaties Act, the City would be entitled to 60% of this revenue equalling $10�,000. He said that current taxes are �10,000 and that the City has been getting income from this property for many years without supplying City services. Councilman Backes pointed out that this money goes to other taxing jurisdictions rather than totally to the City. Mr. DuFour also advised Council that the railroad is trying to sell its property and would not want to sell with an assessment against it. He said that the property wouid no doubt be developed soon. -271- "�.�,r.. ,.:. � City Council Meeting Minutes, August 4, 1980 Councilman Martin said that the City would be spending a lot of money to realize this improv�nent. He said that interest alone on 5420,000 would be sizeable. Mayor McQuaid asked if any development plans are available for this area. Mr. OuFour said that there were none. He explained that it was difficult to get developers because of•the costs involved and the fact that there is not a roadway for the properties. Mayor McQuaid comnented that there was,no guarantee that anyone Nould be developing the property. Lewis Remele, representing the Milwaukee Road, said that he had no know- ledge of the railroad selling this prope�ty. He said that it is still being used a5 a switching yard and that there is no imninent sale. There being no one further wishing to speak, the Mayor �eclared the hearing closed. It was moved by Councilman Backes, seconded by Councilman Martin, to order the improvements not be made. Councilman Martin asked if the industrial park would be assessed since there would not be additional ingress/egresss. The Acting City Manager cortmented that the industrial park rvould receive substantial benefits if the road was extended into Minneapolis. Councilman Martin asked if the project would be economically feasible if state funding were available to extend the road through to 32nd Street. The Acting City Manager replied that Minneapolis is not interested in getting involved in this project. Councilman Martin cortmented that if Mr. DuFour could arrange an agreement with Minneapolis and if state funding was available, the City could proceed with the project. If not, he said that this project rvas not financially acceptabie. Councilman Hanks carrnented that after a change in the composition of the Minneapolis City Council, state aid was re,noved from 32nd Street. The City did not have a binding agreement with Minneapolis requiring its participation in this project and the use of state aid monies. Mr. Ehrenberger said that k�e would like to see the road extended into Minneapolis. He offered to work with the Mayor or anyone representing the City of Minneapolis to bring this imprbvement about. The question was called and the motion to order the improvements not be made passed 4-2 (Councilman Hanks and Mayor McQuaid opposed). -272- a: City Council Meeting Minutes, August 4, 1980 Mayor McQuaid said that she will discuss the situation with Minneapolis. 6e. Assessment Hearing; Project 80-37 Assessment Hearing, Project 80-37, Opening, Grading, Graveling of Belt Line Boulevard as described in Notice of Hearing published July 17, 1980. It was moved by Councilman �1artin, seconded by Councilman Ralles, to reject the resolution adopting assessment. The motion passed 6-0. 6f. Assessment Hearin ; Pro�ect 79-50 Resolution No. 6605 Assessment Hearing, Project 19-50A, Sanitary Sewer Left Station, from the existing sewer on Flag Avenue South north of West 22nd Street, as described in Notice of Hearing published July 16, 1980. There being no one wishing to speak, the Mayor declared the hearing closed. It was moved by Councilman Ralles, seconded by Councilman Martin, to waive reading and adopt Resolution No. 6605 entitled, "Resolution adopting assessment improvement No. 79-50a." The motion passed 6-0. PETITIONS, REQUESTS, COMMUNICATIONS 1. None. 88. Uniform Fire Code Ordinance No. 1474 RESOLUTIONS A�aD ORDINANCES Second reading of Ordinance Code amending Chapter 8, Fire Protection, by adopting the Uniform Fire Code by reference. Ordinance No. 1474 entitled, "An Ordinance amending the St. Louis Park Ordinance Code, Chapter 8; By adopting the 1979 Uniform Fire Code, by reference," was adopted by consent. -273- City Council Meeting Minutes, August 4, 1980 8b. Nae ele Outdoor Advertisin ; Reso ut�on No.6606 Resolution to allow Naegele Outdoor Adver- tising to install billboard on property located at 1332 Zarthan Avenue South. It was moved by Councilman Backes to table this matter. The motion died for�lack of a second. Curt Lofquist, Naegele Outdoor Advertising, addressed the Council and asked how far the building is set back from the right of way. He noted that the resolution stated 20 feet and stated that Naegele Outdoor Advertising would like to position the billboard even with the building. It was moved by Councilman Martin, seconded by Councilman Meland, to waive reading and adopt Resolution No. 6606 entitled, "A resolution �ra�ting permit under Section 14-124 of the St. Louis Park Ordinance Code relating to zoning to permit an outdoor advertising structure on property located in the DDD, Diversified Development �istrict, at 1332 Zarthan Avenue South" as amended to stipulate that the billboard be positioned parallel with the front of the building. The motion passed 4-2 (Councilman Backes and Mayor McQuaid opposed). Mayor McQuaid comnented that she reviewed the prior Council meeting on Cable TV to try to better understand why the Council had supported the installation of this billboard. She stated she was still in opposition to the billboard as were the majority of the developers. 8c. Polling Places; Resolution No. 6607 Resolution setting polling places and naming election judges for state primary election on September 9, 1980. It was moved by Councilman Meland, seconded by Councilman Martin, to waive reading and aaopt Resolution No. 6607 entitled, "Resolution setting polling places and naming election judges for state primary election September 9, 1980." The motion passed 6-0. Councilman Meland asked if this number would be sufficient for the pres- idential election. The Acting City Manager responded additional personnel is planned, but he did not have the details at this time. -274- _-_�`,ti .+� City Council Meeting Minutes, August 4, 1980 REPORTS OF OFFICERS, BOARDS AND COt�IITTEES 9a. Plannin Commission The minutes of the Planning Comnission treets & Fi wa s meeting held July 30, 1980 (Streets Cormiission & Highways Comnission meeting held July 14, 1980) were ordered filed by consent. 9b. Traffic Report: West 35th Street and Rhode Island 9c. Traffic Report: 22nd Street and Ewing Avenue 10a. Appointments A traffic report on West 35th Street and Rhode Island Avenue was accepted by consent. A report on stop signs at 22nd Street and Ewing Avenue was accepted by consent. UNFINISHED BUSINESS Appointments to Boards and Cortmissions. It was moved by Councilman Backes to appoint Rose A. Wilson and James A. Vose to the Human Rights Commission. The motion passed 6-0. Mayor McQuaid stated that there were openings on the Cortmunity Relations Cortmission but as of,yet, no interested applicants. She requested Council members to recommend any interested persons to fill these positions. lOb. Bid Tabulation; Pro�ect 79-35 West 31st Street and Yirginia Street street reconstruction and sanitary sewer bid tabulation. It was moved by Councilman Martin, seconded by Councilman Hanks, to designate Northwest Asphalt Inc. the low bidder under Alternate No. 2 in the amount of $111,493.50 and to approve execution of the contract on receipt of all necessary assessment waivers. The motion passed 6-0. lOc. Bid Tabulation; Be t ine Bou evard ro�ect 8 -37 Construction of Belt Line Boulevard bid tabulation. It �vas moved by Councilman Backes, seconded by Councilman Martin, to reject the bid tabulation on construction of Belt Line Boulevard, Project No. 80-37. -275- ��` � � City Council Meeting Fiinutes, August 4, 1980 The motion passed 4-2 (Councilman Hanks, t�ayor ��cQuaid opposed). lOd. Application for Special Permit. Resolution No. 6608 Application of General Growth and De- velopment Corporation for a special permit to construct buildinas on property located at 37th Street and Aquila Avenue. Herb Davis, 6100 Excelsior BouT�vard, addressed the Council as the rep- resentative of General Growth and Development Corporation. He said he had spoken with a representative of Midwest Federal and that they are ready to begin construction of the savings and loan drive-in facility. He advised Council that construction of the second building would not comnence until all applicable permits have been obtained. It was moved by Councilman Hanks, seconded by �ouncilman Backes, to waive reading and adopt approving Resolution No. 6608 entitled, "A resolution granting permit under Section 14=156 and 14-123.100(2) of the St. Louis Park Ordinance Code relating to zoning to permit a drive-in facility lo- cated in the F-2, Flood Plain, and B-2 General Business Districts at 3650 and 3670 Aquila Avenue." The motion was passed 6-0. 10e. Knollwood Mall; Resolution No. 6609 Knollwood Mall First Addition Final Plat. It was moved by Councilman Hanks, seconded by Councilman Backes, to waive reading and adopt Resolution No. 6609 entitled, "Resolution giving approval for final plat of Knollwood Mall First Addition." The motion was passed 6-0. lOf. Position Paper; Highway 12 Position paper on High:vay 12 (I-394) Larry Kirchner addressed the City Council with respect to the proposed Highway 12 improvements. He stated that while a number of different Highway 12 issues were presented at the July 1 meeting, the acceptability of the various improvement alternatives was not explicitly discussed. Mr. Kirchner indicated that Alternatives 3 and 5 presented the best options to the City and would appear to be acceptable to most of those people who attended the July 1 meeting. He said that Council should arrive at a realistic decision as soon as possible. Otherwise, he said that the decision could ultimately be made by Mn/DOT. Councilman Martin stated that Alternative 3 appeared to be the City's most desirable alternative. The Acting City Manager explained that the principal concern of upgrading -276- City Council Meeting Minutes, August 4, 198p Highway 12 was to eliminate traffic lights and at-grade intersections. Councilman Hanks commented that the differenc� between Alternative �1 and Alternative �2 involved the removal of the NOV lanes. Ne stated that he was not in agreement with Alternative 2 if it required lowering the grade of existing roadway. Councilman ��lartin stated that the purpose of upgrading Nighway 12 was to improve traffic flow. He said that this necessitated eliminating the at-grade intersections and the traffic lights. He said that it seemed probable that the grade of some portions of Highway 12 would have to be lowered. • Mayor McQuaid reported that she had attended a meeting with Represen- tatives Rothenberg and Olsen and the Cor�nissioner of Transportation. She said that the Comnissioner had been advised that those people in attendance at the meeting supported a 6-lane expressway similar to that outlined in Alternative 3. She also said that the Commissioner of Transportation had commented that such an improvement would be outdated before its com- pletion but conceded that some of the concerns expressed to him about the HOV lanes were legitimate. � It was moved by Councilman Backes, seconded by Councilman Meland, to accept the Highway 12 position paper and to authorize further research on interstate substitution funding. Councilman Hanks said that passage of the proposed motion would result in Council's acceptance of Alternate 2. He favored Alternative 3 with the in- corporation of sane of the positive features of Alternative 2. Councilman Meland withdrew his second: Councilman Martin stated that it was important for the Council to adopt a�osition with regard to the Highway 12 improvements. He emphasized that M�/DOT was moving ahead with its plans while Council continued to delib- erate the issues. Councilman Hanks said that he could accept the position paper if the conclusion was changed to state that Alternative 2 was not acceptable. He supported Alternative 3 with the incorporation of the best features of Alternative 2. It was moved by Councilman Hanks, seconded by Councilman Meland, to accept the position paper as modified to recommend�Alternative 3 with the incor- poration of the best features of Alternative 2. The motion passed 6-0. It was moved by Councilman Backes, seconded by Councilman Meland, to authorize further research of interstate substit�ition funding. -277- � lOg. City Council Meeting Minutes, August 4, 1980 The motion passed 6-0. Code of Ethics Code of Ethics. It was moved by Councilman Meland, seconded by Councilman Martin, to approve the wording of the question to appear on the November baliot with respect to the proposed.Code of Ethics. Councilman Backes said the wording did not really deal with the Code of Ethics. He said that it would not be acceptable to the Charter Comnis- sion and that he would oppose the motion. Councilman Martin said that the question focused on the essence of the Code of Ethics issue wherein any citizen running for public office must disclose details of his or her financial situation. The motion passed 4-2 (Councilmen Backes and Hanks opposed). lOh. Yosemite Avenue and Yosemite Avenue and Excelsior Boulevard. Excelsior Boulevard Councilman Martin discussed the ongoing problems involving the two single family lots on this corner. He asked that staff develop a viable alter- native to resolve these problems. Councilman Backes said it was inappropriate for staff to research this and that any request for a rezoning should come from affected property owners. � Councilman Martin said that Council had reviewed this matter several times. He suggested that staff could research this problem and present its findings to the Planning Comnission for development of a resolution to be considered by the Counci]. �elia Anderson, of the Planning Commission and the League of Women Voters, said that the problem has been presented to the Planning Commission and has come before the Council before. She said that the problem involves the enforcement of the zoning ordinance. She stated that the property was clearly not being used as the single family residential purpose for which it is zoned. Councilman �•lartin moved that staff prepare a viable alternative and present it to the Planning Comnission. The motion died for lack of a second. It was moved by Councilman Backes, seconded by Councilman Hanks, to investigate any zoning violations on the properties including the vacant lot and the single family dwelling. Councilman Hanks comnented that both property owners should be forced -278- r ,�_ City Council Meeting Minutes, August 4, 1980 to live up to the zoning ordinances governing ti�e properties. Mayor McQuaid said that she was dist�urbed by the appearance of the properties. She said that she could not agree to rezoning these proper- ties in the absence of a request from the neighborhood. Councilman Martin said the zoning was inappropriate for these two lots inasmuch as they are not single family lots. He said the neighbors opposed rezoning because they were angry with the American Legion and concerned about drainage problems. Councilman Backes called the question: The motion passed 6-0. 10i. Setting Assessment Hearin s Setting assessment hearings. It was moved by Councilman Hanks, seconded by Councilman Backes, to schedule assessment hearings for the following projects on September 2, 1980: 75-39, 79-01, 79-03, 79-04, 79-08, 79-95 and 79-35A. The motion passed 6-0. NEW BUSINESS 11a• Bid Tabulation• Cedarcrest Bid tabulation: Cedarcrest, City Ha11 C�ty Hal parkinq ot, parking lot, Highway 12 braided street. Highway 12 Councilman Hanks asked why the parking lot paving was being deferred. The Acting City Manager replied that funds for this project were not in the budget. Councilman Hanks said that Council has received excellent bids lately and the prices seemed very good. He said that it seemed to be a good time to contract for this work. It was moved by Councilman Backes, seconded by Councilman Hanks to designate the lowest responsible bidder and authorize execution of a contract for these three projects. The motion passed 6-0. >>b• Ced__ke Road; Kesolution No. 6610 Cost agreement for Cedar Lake Road construction east of Highway 100. It was moved by Councioman Hanks, seconded by Councilman Ralles to waive -279- '-�--� /'' City Council Meeting Minutes, August 4, 1980 reading and adopt Resolution No. 6610 entitled, "A resolution authorizing the execution of a cost-sharing agreement for Cedar Lake Road Improvement Project 79-10 between the City of St. Louis Park and Hennepin County." The motion passed 6-0. llc. Recycling Center Proposal • Recycling Center at St. Louis Park Incinerator Site. It was moved by Councilman Ra11es, seconded by Councilman Backes, to defer this matter until after the arrival of the new City Manager. Councilman Ralles said the matter needed further investigation including possibility of obtaining government funds to help defer costs. The motion passed 6-0. lld. Stop signs at Cedar Lake Road Stop signs at Cedar Lake Road. t�ayor t4cQuaid suggested that staff discuss the installation of stop signs or traffic signals on Cedar Lake Road at Texas and Virginia Avenues. It was moved by Councilman Ralles, seconded by Councilman Martin, to direct staff to discuss the instal�lation of stop signs or traffic signals on Cedar Lake Road at Texas and Virginia Avenues with Hennepin Cou�ty. Councilman Ralles asked if sig.nals were scheduled to be installed at Virginia Avenue as a part of the Comprehensive Plan. � The Acting City Manager responded that the installation of traffic controls is not typically identified in the Comprehensive Plan. The motion passed 6-0. 12a. Damage Claims MISCELLANEO�S Damage claims. Issac Tolchinsky/Harlan Schopper, 2608 Joppa Ave. So. Vernon L. Johnson, 3229 Texas Ave. By consent, the Council authorized the above claims to be filed with the City Clerk for proper action by the Acting City Manager and the City Attorney. City Council Meeting Minutes, August 4, 1980 �pb. Comnunications from Mayor. None. 12c. Communications from the Acting City �lanager Communications from Mayor. Comnunications from the Acting City Manager. The Acting City Manager said he would like to discuss several topics with the Council. Cable Television. The Acting City Manager said that there is federal legislation pending to deregulate cable television. He said that this legislation could bar the City from regulating the installation of cable and receiving a franchise fee. It was moved by Councilman Hanks, seconded by Councilman Backes, to instruct staff to prepare a letter to be sent to City's legislators opposing Federal deregulation of cable television. The motion passed 6-0. Holy Family Church. The Acting City Manager said Holy Family Church is seeking a nonintoxicating liquor license to sell 3.2 beer on September 5 and 6 at its carnival. He said that Council has been requested to issue a carnival license and to waive the fee, bond and insurance requirements. He indicated that Council had waived these requirements on certain occasions in the past. Councilman Meland left the Council chambers. It was moved by Councilman Backes, seconded by Councilman Hanks,that this matter be scheduled for a public hearing on September 2, 1980. The motion passed 4-1 (Councilman Hanks opposed). Reduction in State Aid. The Acting City hianager advised Council that because of an estimated $50 million to $90 million deficit whi.ch will occur in the State's budget, there has been some speculation that State aid may be reduced in order to balance the budget. It was moved by Councilman Backes, seconded by Councilman Martin, to instruct staff to write a letter to the Governor expressing Council's objections to substantial reductions in State aid for the purpose of balancing the State budget. The motion passed 5-0.. -281- �!�` City Council Meeting Minutes, August 4, 1980 CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS 13a. Verified Claims Verified claims. It was moved by Councilman Hanks, seconded by Councilman Martin, that the list of verified claims prepared by the Director of Finance and directed to ihe City Council.dated August 4, 1980 as amended in the total amount of $h12,163.57 for vendors and $24,953.15 for payroll were a�proved and the Acting City Manager and City Treasurer were a�thorized to issue checks in the same amount by a vote of 5-0. 13b. Contract a ments; Reso uiion Nos. 6611, 6612, 6613, 6614 Contract payments - Final. It was moved by Councilman Hanks, seconded by Councilman Martin, to waive reading and adopt Resolution No. 6611 entitled, "Resolution accepting work on storm sewer lift staiion improvement No. 80-03; Resolution No. 6612 entitled, "Resolution accepiing work on paving, curb and gutter improvement Nos. 79-10, 79-55 and 78-95; Resolution No. 6613 entitled, "Resolution accepting work on paving, curb an� g�tter, aTley paving and parking lots, improvement�.Nos. 75-39, 77-386, 79-0�, 79-97, 79-35 and 79=53; and Resolution No. 6614 entitled, "Resolution accepting work on �aving, curb and gutter, improvement No. 77-11A, 77-116 and 74-22, Part I" and to authorize the following final contract payments: . 1) Final payment, Project No. 80-03, Storm sewer lift station, ACG Mechanical. Amount: $11,087.50.� � 2) Final payment, Project Nos. 79-10, 79-55, 78-05, Paving, curb and gutter, Arcon Construction Co. Amount: $23,26E.24. 3) Final payment, Project Nos. 75-39, 77-386, 79-04, 79-97, 79-35, 79-53, Arcon Construction Co. Amount: �21,703.31. 4) Final payment, Project Nos. 77-11A, 77-116 and 74-22, Part I, Hard- rives, Inc. Amount: �30,654.68. The motion passed 5-0. It was moved by Councilman Hanks, seconded by Councilman Martin, to approve and authorize the following partial payments: 1. Partial payment, Project Nos. 77-26, 78-41, 70-41, 80-05, 80-07, 80-08, 80-25, 80-38 and 80-40, paving, curb and gutter. Northwest Asphalt. Amount: �124,506.61. 2. Partial payment, Project No. 78-43, control panel modifications. Lee Richert Plumbfng & Heating. Amount: $120,500.55. ;� -282- City Council Meeting Minutes, August 4, 1980 3. Partial payment, Project No. 80-31, landscape screen between Honey- well p�arking lot and residence, Arbor Vall.ey Landscaping. Amount: $7,543.12. 4. Partial payment, Project Nos. 80-02, 80-06, 80-29, paving,,curb and gutter, Progressive Contractors. Amount: $12,540.18. 5. Partial payment, Project'79-13, 78-46 and 78-44, paving, curb, gutter, Hardrives, Inc. Amount $58,446.56. The motion passed 6-0. 14. Adjournment � It was moved by Councilman Hanks, seconded by Councilman Martin that the meeting be adjourned at 11:20 p.m. Attest: i � P t Smith � Recording Secretary � � � Phy is Quaid, Mayor -283- �