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HomeMy WebLinkAbout1980/09/15 - ADMIN - Minutes - City Council - Regular1. Call to Order MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA September 15, 19a0 A regular meeting of the City Council was called to order at 7:50 p.m. by Mayor McQuaid. 2. Presentations Mayor McQuaid presented a proclamation to a representati ve of Mensa honori ng the 20th anniversary of the organization and proclaiming the week of September 21, 1980 as Mensa �leek. 3. Roll Call The following Councilmen were present at roll call: Ronald Backes Jerrold Flartin Martha Elstrom Keith Meland Lyle Hanks John Ralles Phyllis McQuaid Also present were the City Manager, City Attorney, Director of Planning, City Engineer and City Assessor. 4. Approval of t4inutes The motion passed 7-0. It was moved by Councilman Ralles, sec- onded by Councilman Elstrom to approve the minutes of the regular City Council meeting held September 2, 1980• 5a. �proval of Consent Agenda It was moved by Councilman Elstrom, sec- onded by Councilman Qackes to approve the consent agenda fvr September 15 as presented with the removal of item 9c as requested by Councilman Martin. The motion passed 7-0. 5b. Approval of Agenda It was moved by Councilman Meland, sec- onded by Councilman Martin, to approve the agenda for September 15 as pres�e�eew with the following additions: 7b, Brunswick Avenue and lOd, Budget session, as requested by Councilman Hanks; and lOf, Fred G. Anderson zoning matter, as requested by Councilman Martin. The motion passed 7-p, -32Q- � City Council meeting minutes September 15, 1980 6a. Assessment hearing, Project 77-38B PUBLIC HEARINGS Assessment hearing, Project 17-386, landscaping Edgewood Avenue between Cambridqe and Oxford Streets; Oxford Street between Edgewood Avenue and the Meadowbrook Road bridge as described in Notice of Hearing published August 21, i980. Herm Hasselbring, 3825 Edgewood Avenue South, addressed the Council. He stated that the assessment he received covering the two parcels of land that he owns on Edgewood Avenue and Oxford Street was one-half times greater than the April 1979 bid. He asked for an explanation of the discrepancy. The City Assessor said that the landscaping on private property was more than anticipated and that originally the Engineering Department was told that the trees to be planted would be provided free of charge. He stated that was an error, and that the charge for the trees was then calculated into the assessment to all property owners. Mr. Hasseltring said that he just wanted Council to know that he was unhappy with an assessment that he believed was double the estimated bid. Mr. Del Bogema, representing Vista Properties, 7009 Oxford Street, ad- dressed the Council and said that his assessment was 25 percent above the estimate. He said he would like a breakdown of the estimate, item by item, because the estimated expenditure for trees does not account for close to a 75 percent variance between the estimate and his assess- ment. Councilman Martin said he would like a clarification from staff as to how this project was bid. The Project Engineer said that the original estimate was for work on the easement which was on private land, and that the total cost in- cluded work done on both the private and public portions of the property. He said the Community �evelopment funds were applied only to that por- tion of a job located on the public right of way. Councilman Martin asked if the work done on private property was assessed. The Project Engineer said that was correct as lon9 as the property owner had an agreement with the City. Councilman Martin asked what else was being paid for and if a public -321- City Council meeting minutes September 15, 1980 hearing on this project had been held. The City Engineer said that a hearing had been held. He said that additional work on private property had been handled separately. He stated that a neighborhood meeting held prior to comnencement of the project involved only the owners of private property. Mr. Hasselbring asked what the total billing for this project was. Councilman Martin said that the billing Mr. Hasselbring received was for his own property. Mr. Hasselbring said that he was more than willing to pay his share. Mr. Bogema said he felt the details covering proposed improvements on public land should be handled in a meeting. He asked if those property owners concerned should not be informed about a public hearing other than a chance reading in the newspaper. He said it was his understanding that the first notice he received represented the entire assessment for this project. Mayor McQuaid asked if all property owners involved in any improve- ment were not informed of the public hearing. The City Assessor repled that on October 3, 1977 notice of public hearing was mailed to all involved property owners. The City Engineer said that this hearing concerned the work to be per- formed in the public right-of-way. Mr. Bogema said that he had purchased the property in 1979 and that the attorneys involved in the purchase only provided him with infor- mation about the street lighting. Councilman Martin said that on April 20, 1979 all of the property owners received a letter stating that the landscaping project was being planned and that they had the option of doing the landscaping at their own expense. Mr. Bogema said that he was told by the City his curbing would have to be replaced even though he felt the curbing was in acceptable con- dition. Councilman Martin said that the original curbing would not have carried a 20-year guarantee. Mr. Bogema said that he would like to have a City inspector come out to his property to see the poor quality of the work that was done. -322- City Council meeting minutes September 15, 1980 Councilman Martin advised him to contact staff and arrange for an inspector to come to his property. There being no one further wishing to speak, the Mayor closed the hearing. Counc�lman Elstrom asked for clarification of the relationship between staff s memo recorrmending a 13.05 percent reduction in the assessment and the 12 percent and 6 percent added respectively for administrative and interest costs. The City Assessor said that the two items are separate. He said that the 12 percent addition covers administrative costs and that the 6 percent addition is for the interest charged on the amount of the cost of the project. He said that the City was entitled to 6 percent interest on the money used to provide working capital to finance the project. Councilman Hanks said that the assessment has never been broken down item by item before. He asked if the total cost of the project was not to be assessed. The City Assessor said that it was. He stated that all property owners had received a breakdown of the estimate as well as copies of the engineering estimate. Councilman Hanks asked if this was not done because of cost over-runs. The City Assessor said this was not actually the case; rather, because of the high inflation rate, the City calculates 15 percent for over- runs and that this is a standard procedure. Councilman Backes said that Council's materials did not include any backup information on the original assessment. Specifically, he wanted to know what the property owners had been told of the breakdown of the estimate and actual costs. Without this information, he said that Council did not really know on what they were voting. Councilman Hanks said that it appeared Council was questioning staff on this matter although it was to his recollection that Council has never been provided with this kind of breakdown on an assessment project. Councilman Martin suggested that the matter be further clarified for the property owners. It was moved by Councilman Hanks, seconded by Councilman Elstrom, that the assessment hearing be reopened and continued on October 6. The motion passed 5-2 (Councilmen Martin and McQuaid opposed). -323- r � 'r C� � a .1 City Council meeting minutes September 15, 1980 6b. Assessment hearin , ro ect 78- 5 Reso ution No. 6644 Assessment hearing, Project 78-05, T-alley, East City Hall area as des- cribed in Notice of Hearing published August 27, 1930. There being no one wishing to speak, the Mayor declared the hearing closed. It was moved by Councilman Elstrom, seconded by Councilman Meland, to waive reading and1md�ovement1Noio78N�5.6644 entitled, "Resolution adopting assessment p The motion passed 7-0. 6c. Assessment hearin4, Project No. 78-44 Resolution No. 6645 Special assessment hearing, Project 78-55, West 16th Street between Vernon and Zarthan Avenues, as described in Notice of Nearing published August 21, 1980. Bob Ehrenberq, 3440 Beltline Boulevard, representing Grace Freidheim, addressed the Council. He said that 16th Street is not a collector street and that the improvements benefit the abutting property owners. He said there is no benefit, direct or indirect, to the Freidheim property. Councilman Hanks asked what the indirect benefits were. The City Assessor replied that 20 percent of the costs of traffic channelization were assessed to all property owners. He said that the abutting property owners were assessed 80 percent in this quadrant as an indirect benefit. He said that the assessment rate was equal to 5.8 mils per square foot as an indirect benefit to all property owners including single family dwellings. Mr. Ehrenberg stated he could not see the benefit to single family property owners. He said that they do acknowledge some degree of indirect benefit but notin the amount assessed. There being no one further wishing to speak, the Mayor declared the hearing closed. Councilr�an Martin said all single family property owners are assessed at the 5.8 mils per square foot rate and asked if this was not correct. The City Assessor said that the City will absorb the homeowner costs for the traffic channelization portion, and that the property owners will be assessed for the curbs, gutters, aprons and lighting. Ne reviewed the history of the development of this quadrant and said that the improvements at Vernon and Highway 12 were a joint venture �' � -32�:- a 6d. 6e City Council meeting minutes September 15, 1980 with the City of Golden Valley. All property owners in the quadrant were assessed for those improvements. He said that the extension and improve- ments to West 16th Street were in an effort to divert some of the heavy traffic off of Cedar Lake Road on to West 16th Street and that certainly this was both a direct and indirect benefit to the property owners. Mr. Ehrenberg said that there were no curbs and gutters on Cedar Lake Road. He stated that street lights and driveway aprons do not benefit any property owners south of Cedar Lake Road. He asked if all prop- erty owners were to be assessed for improvements made to Cedar Lake Road even though the property he represents is on 16th Street which is just a local road. The City Assessor said that that portion of the assessment applicable to Cedar Lake Road improverr�nts includes the channelization of traffic which required extra width of the road. Councilman Elstrom asked and 20 percent indirect, cent portion. if the breakdown was 80 percent direct benefit with all property owners sharing in the 20 per- The City Assessor said that was correct, but that the City was paying the indirect cost for single family residences. It was moved by Councilman Ralles, seconded by Councilman t4artin, to waive reading and adopt Resolution No. 6645 entitled, "Resolution adopt- ing assessment improvement No. 78-44." The motion passed 7-0. Assessment hearin , Assessment hearing, Project 79-10, Project 79- 0; Cedar Lake Road from Quentin Avenue to Resolution No. 6646 the Jewish Community Center, as des- cribed in Notice of Hearing published August 27, 1980. There being no one wishing to speak, the Mayor declared the hearing closed. It was moved by Councilman Meland, seconded by Councilman Ralles, to waive reading and adopt Resolution No. 6646 entitled, "Resolution adopting assessment improvement No. 79-10•" Th� motion passed 7-0. Assessment hearing, Assessment hearing, Zarthan Avenue be- Pro ect 19-13• tween Cedar Lake Road and the south Resolution No. 6647 frontage road of U.S. Highway 12 as described in Notice of Hearing published August 27, 1980• -325- City Council meeting minutes September 15, 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. 6647 entitled, "Resolution adopting assessment improvement No. 79-13." The motion passed 1-0. 6f. Assessment Hearing, Project 79-55; Reso ution No. 6648 Assessment hearing, Project 79-55, paving, curb and gutter, driveway aprons, and utility extensions on Ensign Avenue north of P1innetonka Boulevard as described in Notice of Hearing published August 27, 1980. There being no one wishing to speak, the Mayor declared the hearing closed. It was moved by Councilman Meland, seconded by Councilman Martin, to waive reading and adopt Resolution No. 6648 entitled, "Resolution � adopting assessment improvement No. 79-55." The motion passed 7-0. 6g. Assessment Hearing, Assessment hearing, Project 80-46, sani- Project 80-46; tary sewer main extension, West 32nd Resolution No. 6649 Street, as described in Notice of Hearing published August 27, 1980. There being no one wishing to speak, the Mayor declared the hearing closed. Councilman Elstrom said that this property owner apparently was over- looked when the sewer was hooked up. She said that it was her under- standing that the property owner would be assessed $2,400 of the total cost of the project and that the City would pay the balance of the assessment;sinilar to the handling of the Flag Avenue project. It was moved by Councilman Elstrom, seconded by Councilman t4eland to waive reading and adopt Resolution No. 6649 entitled, "Resolution adopting assessrI� nt improvement No. 80-46," with the property owner's assessm�nt to be bZ,400. The motion passed 7-0. 6h. Request of Franz Klodt and Son for a vacation Request of Franz Klodt & Son to vacate a utility and drainage ease- ment located on Tract B, Registered Land Survey No. 1512 as described in Notice of Hearing published September 3, 1980. -326- ��r City Council meeting minutes September 15, 1980 There being no one wishing to speak, the Mayor declared the hearing closed. Councilman Hanks asked if all easements had been received. The Director of Planning said that they had been received. It was moved by Councilman Hanks, seconded by Councilman Meland, to waive first reading of the ordinance and set second reading for October 6, 1980. The motion passed 7-0. 6i. Application of Royal Oak Townhouses Application of Royal Oaks Townhouses for approval of preliminary plat in Oak Park Village as described in Notice of Hearing published September 3, 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 accept the recomnendation that the preliminary plat be approved sub- ject to the following conditions: (1) The final plat be adjusted to take into account the recommendation and conditions in the report on Case No. 80-66-SP; (2) Petition to vacate westerly portion of Oak Park Village Drive be submitted; (3) Final plans and specifications for all improvements be prepared and submitted with the final plat; (4) Protective covenants be submitted with final plat and contain a requirement for all undergraund utilities including telephone, electrical, gas, water, sewer and aable TV; (5) Home owner association documents be submitted with final plat which contain adequate pro- vision for maintenance of comrnon area. The motion passed 7-0. 6J• A lication of Michael Cochran Application of Michael Cochran for a for rear ar variance; rear yard variance at 3237 Alabama Resolution o. 650 Avenue South as described in Notice of Hearing published Sept. 3, 1980. Councilman Hanks asked if the garage entrance would be positioned off of the street. The Planning Director said that the garage is to be placed at the far end of the existing driveway. It was moved by Councilman Elstrom, seconded by Councilman Ralles, to waive reading and adopt Resolution No. 6650 entitled, "A resolution -37_7- City Council meeting minutes September 15, 1980 granting variance in side yard requirement from Section 14-130 of the Ordinance Code relating to zoning to permit a two-car garage with a side yard of six feet instead of the required fifteen feet in the R-2 single family residence district, at 3237 Alabama Avenue South." The motion passed 5-2 (Councilmen Backes and Hanks opposed). 6k. Talmud Torah Schools request for variance Request of Talmud Torah Schools of Minneapolis for a variance in rear yard setback and floor area ratio as described in Notice of Hearing published September 3, 1980. Abraham Ettedgui, 2224 E. Hill Lane, address.ed the Council in support of the school's request for a variance. He presented a brief, histor- ical background on the school and explained that the request was made because the school presently lacks adequate room to properly serve its students. Councilman Hanks asked if there was currently a request for a var- iance on file. The Planning Director said that there was no application for a variance currently on file. Councilman Hanks asked what the zoning of this area was. The Planning Director said it was primarily R-2 with some R-3 and R-4. Gert Eissinger, 3200 Virginia Avenue, addressed the Council to inquire if there would be adequate parking available. She said the area is already having problems with parking. Mayor McQuaid comnented that she recalled there were ample parking facilities. The Planning Director said that he did not recall any application being filed for a variance in parking spaces. Councilman Martin said that they are required under the ordinance to provide 65 parking spaces. The school currently provides 73. Councilman Backes asked if the number of parking spaces is determined by calculating attendance at school and temple together or separately• The Planning Director said it was calculated separately. Nathan Freidsom 2833 Huntington, addressed the Council. He said that Talmud Torah School had been in St. Louis Park for 20 years and in the -328- City Council meeting minutes September 15, 1980 City of Minneapolis for over BO years. He statedthat there is no religious worship connected with the school. He said that when he made application to the Planning Commission for the variance, he had read a letter from the nursing home stating that it had no objections to the school's proposed expansion. He said that the expansion was to the north, not the east. He concluded by stating that it is the school's desire to create a superior school for its students, not to increase the existing enrollment. Merle Groenwold, 3200 Virginia Avenue, addressed the Council in opposition to the application. He said that Virginia Avenue is extremely busy with a great deal of school bus traffic coming and going and that it can only become more congested with the proposed expansion. Mayor McQuaid said that according to Mr. Freidsom there was no increase in enrollment anticipated. Councilman Martin said that the buses are stored at the back of the property and that the impact of traffic will remain the same since increased enrollment is not anticipated. He said that it is bas- ically just a different use for the same spaces. Mr. Ettedgui said that the new building, primarily housing a gym- nasium, would actually help cut down on the traffic problems created by the students. Lori Meredyk, 3304 Virginia Avenue, addressed the Council in opposition to the application. She said she objected to the school's bell system which was very loud and to the noisy air conditioning system, She said the noise of the buses and the loading and unloading of students was very annoying. She said that when the buses were in the area, there was insufficient room to back her car out of the driveway. She commented that this was not a normal school with normal hours as there are many classes conducted during the evening hours with buses coming and going. She said that her cars have been damaged twice while parked on the street. She concluded by stating that the school should have anticipated its needs when first constructed and obtained the necessary variances at that time. Mayor McQuaid said that part of the problem seems to be a lack of comnunication between the residents of the neighborhood and the school. She said that Council has seen a pattern develop so often where the parties of conflicting interests have gotten together to resolve their problems. �1rs. Groenwold asked where the school planned to put the playground. -329- City Council meeting minutes September 15, 1980 Mr. Ettedgui said they are not planning to construct a playground because they will be building an indoor gymnasium. He stated this should alleviate the problem of the children using the parking lot as a playground. Councilman Hanks asked if there were existing variances on any schools which have recently been built. The Planning Director said that one might be on file for the Susan Lindgren School but that all others met ordinance requirements. Councilman Martin asked if a special permit would suffice. Councilman Hanks said that all schools have had to appear before Council to request a special variance and that every public school has had to meet special conditions. Councilman Hanks said that he was concerned that the school expansion would cover 78X of the open ground. Mr. Freidsom pointed out that the expansion is not talking three- quarters of the land since the building is three stories high. The Planning Director was asked to explain this more fully and he displayed transparencies of the building design and floor plan to illustrate that the floor ratio of .757 is because of the height of the building and that that does not mean it will cover three- quarters of the existing land. Councilman Backes asked where the front of the new building would be located. The Planning Director said it would be located on West 33rd Street. There being no one further wishing to speak, the Mayor declared the hearing closed. Councilman Elstrom asked for further clarification of the floor ratio issue which the Planning Director provided using the transparencies. ; It was moved by Councilman Meland, seconded by Councilman Martin, to waive reading and adopt Resolution No. 6651 entitled, "A resolution ' granting variance in rear yard setback and floor area ratio from � Sections 14-125(5) and 14-143 of the ordinance code relating to zoning to permit a rear yard setback of 25 feet instead of the re- � quired 50 feet and a floor area ratio of .757 instead of the per'mitted .30 in the R-2, single family residence district, at 8200 West 33rd Street." -330- City Council meeting minutes September 15, 1980 The motion passed 5-1-1 (Councilman Backes opposed; Councilman Hanks abstained). Councilman Hanks said his abstension was intended to explain his position and was not a vote against the resolution. 61. Ordinance relating to massage parlors and saunas Ordinance amending the St. Louis Park Zoning Ordinance governing massage parlors and saunas as described in the Notice of Hearing published September 3, 1980. There being no one wishing to speak, the Mayor declared the hearing closed. It was moved by Councilman Meland, seconded by Councilman Martin, to waive first reading of the ordinance and set second reading for October 6, 1980. The motion passed 7-0. 7a. Request to conduct binqo PETITIONS, REQUESTS, COMMUNICATIONS The request of Peter Hobart School P.T.A. to conduct a bingo game was ordered received for filing by consent. 1b• Citizen's com laint Councilman Hanks said he had received 39�0 Brunswick venue a complaint from a resident of the 3900 block of Brunswick Avenue South re- garding residents of this block parking on the street in areas where off street parking is not permitted. He said it is often difficult to get out of one's driveway because cars are blocking it and that the con- gested condition of the street makes it hazardous for ambulances and fire engines to get through. Also, during the winter, adequate snow plowing is impossible. It was moved by Councilman Hanks, seconded by Councilman Backes to refer the matter to staff and schedule a neighborhood meeting. The motion passed 7-0. RESOLUTIONS AND ORDINANCES 8a. Ordinance relating to Second reading of ordinance authorizing Northwestern Bell easement granting of easement for telephone Urdinance No. 1476 cabinets. -331- � � � :; City Council meeting minutes Septerr�ber 15, 1980 It was moved by Councilman Ralles, seconded by Councilman Martin, to waive second reading and adopt Ordinance No. 1476 entitled, "An ordinance authorizing granting of easement for telephone cab- inets." The motion passed 7-0. 8b. Ordinance relating to sale of Second reading of ordinance author- CitV �ots� izing sale by City of lots 26 and 27, Ordinance No. 1477 South Crestview addition. Councilman Hanks asked if these two lots have sewer and water utili- ties. The City Engineer said that they do. It was moved by Councilman Elstrom, seconded by Councilman Ralles, to waive second reading and adopt Ordinance No. 1477 entitled, "An ordinance authorizing sale by City of lots 26 and 27, South Crest- view addition." The motion passed 7-0. 8c. Depository for City Funds;_ By consent, Council adopted Reso- Resolution No. 6652 lution No. 6652 entitled, "Resolution redesignating depository for City funds." Sd. Approval of securities for collateral; eso ution No. 6653 By consent, Council adopted Reso- lution No. 6653 entitled, "Resolution approving securities for collateral from Americana State Bank of Edina, Edina, Minnesota." REPORTS OF OFFICERS, BOARDS, COMMITTEES 9a. Housin and Redevelo ment uthority meeting 9b. Planning Comnission meetin9 9c. Board of Zoni�cn Appea s meet�nq The minutes of the Housing and Re- development Authority meeting held August 12, 1980 were ordered re- ceived for filing by consent. The minutes of the Planning Commission meeting held September 3, 1980 were ordered received for filing by consent. The minutes of the Board of Zoning Appeals meeting held August 28, 1980 were ordered received for filin9 bY consent. -332- J City Council meeting minutes September 15, 1980 9d. Traffic Stud : Traffic study No. 242: Intersection or� a an est 31st St. of Florida Avenue and West 31st Resolution No. 6654 Street. It was moved by Councilman Meland, seconded by Councilman Elstrom, to waive reading and adopt Resolution No. 6654 entitled, "Resolution authorizing the placement of traffic control signs on West 31st Street at Florida Avenue." The motion passed 7-0. 9e. Traffic Study: West 34th Street Traffic Study No. 243: West 34th from Huntin ton to France Ave. Street from France Avenue to Hunting- Resolution No. 6655 ton Avenue. It was moved by Councilman Hanks, seconded by Councilman Elstrom, to waive reading and adopt Resolution No. 6655 entitled, "Resolution authorizing the placement of traffic control signs on West 34th Street between France and Huntington Avenues." The motion passed 7-9. 9f. Water ban recission Water ban recission. A report on the recission of the water ban adopted by City Council i�n May 1980 was ordered received for filing by consent. 9g. Human Riqhts Comnission meetinq 9h. Park Assembly of God Re uest for extension; eso ution No. 66�6 The minutes of the Human Rights Com- mission meeting held August 20, 1980 were ordered received for filing by consent. Request of Park Assembly of God for time extension to existing special permit. It was moved by Councilman Hanks, seconded by Councilman Martin, to waive reading and adopt Resolution No. 6656 entitled, "A resolution amending Resolution No. 6475 adopted on January 1, 1980 grantinq permit under Section 14-113(7) of the St. Louis Park Ordinance Code relating to zoning to permit grading and filling for a parking lot for property located in the R-1 district at 1615 Texas Avenue." The motion passed 7-0. 9i• Auqust financial report By consent, the financial report for the month of August was ordered re- ceived for filing. -333- 1 r �� City Council meeting minutes September 15, 1980 UNFINISHED BUSINESS 10a. A rointments to Appointments to Boards and Comniss- Boards and Carmi ss i ons i ons . Flayor McQuaid asked if it was necessary to interview for the openings on the Building Construction Codes Advisory Comnission. Councilman Backes said that the opening is for an electrical spec- ialist. � Councilman Elstrom asked if an advertisement could not be run on ; Cable TV giving the details of the various Board and Comnission I ooeninas. � . . � Staff was directed to prepare such an announcement for Cable TV. ! ; Councilman Backes said that he will try to find some qualified people who might be interested in serving on the Building Con- struction Codes Cortmission. __.J► � , � lOb. Cortmunity Development Block 1977 Community Development Block Grant Funds; Grant reallocation. eso ution No. 6657 It was moved by Councilman Meland, seconded by Councilman Elstrom, to waive reading and adopt Resolution No. 6657 entitled, "A reso- lution authorizing the reallocation of 1977 Community Development Block Grant Funds." The motion passed 7-0. lOc. Solid Waste Management Solid Waste Management update. Councilman Elstrom asked if a consultant was available or if the EPA or the Waste Management Board could suggest one. The City Manager said that the intent of the recommendation was not in anticipation of hiring a consultant but rather updating Council on this matter. He said that staff would first prepare a scope of services that would be reviewed with Council before prospective consultants would be invited to submit proposals. It was moved by Councilman Ralles, seconded by Councilman Elstrom, to accept staff's recomnendation that staff be authorized to initiate a selection process for a solid waste management consultant and an investigation of funding alternatives and that staff be directed to meet with MSD Recycle representatives to develop a more detailed recyclinq proposal. -334- City Council meeting minutes September 15, 1980 The motion passed 7-0. lOd. Budget sessions Budget sessions. Councilman Hanks asked if it would be agreeable to Council to proceed with the budget session on Tuesday, September 16 from 5-7 p.m, and then adjourn to attend the open house at Fred G. Anderson Company. This was agreeable to Council. 10e. Fred G. Anderson Company Fred G. Anderson Company zoning Zoning Change change. Councilman Martin asked when a public hearing on the zoning matter at the Fred G. Anderson Company building could be set. The Planning Director said that if all information regarding the mat- ter was ready by the end of September, the matter could be heard at a November Council meeting. He said the matter must first be heard by the Planning Commission. It was moved by Councilman Martin, seconded by Councilman Hanks, to set the public hearing for the first meeting in November. The motion passed 7-0. lla. Bid Tabulation: Painting Water Tank NEW BUSINESS Bid tabulation: Painting of elevated water tank #2. Councilman Ralles asked if there was any news regarding the proposed hotel to be constructed near this tank. The Planning �irector said that a proposal had been submitted but that no plans had been received. A letter he received from the developer said that he was going to go ahead with the hotel, but as yet no plans have been received. It was moved by Councilman Meland, seconded by Councilman Elstrom, to designate Allied Painting and Renovating, Inc. as the lowest responsible bidder and to authorize staff to execute an agreement with this firm. The motion passed 7-0. -335- �� City Council meeting minutes September 15, 1980 llb. Single family/multiple Single family/multiple family mort- famil mortgage gage revenue bond program. revenue bond ro ram Reso ution No. 6658 Councilman Hanks said that he feels the City does not belong in this type of business. He said that this program will make it harder for many people to buy homes. It was moved by Councilman hleland, seconded by Councilman Martin, to waive reading and adopt Resolution No. 6658 entitled, "Resolution amending the program component of the approved housing plan and program 1979-1981. The motion passed 6-1 (Councilman Hanks opposed). llc. Amhurst Water and Sewer Easement Easement for Amhurst Water and Sanitary Sewer. It was moved by Councilman Meland, seconded by Councilman Elstrom, to accept the recommendation that the Mayor and City Manager be authorized to accept and sign the deeds on behalf of the City and to authorize the filing of the two deeds. The motion passed 7-0. lld. Purchase of brid e; Resolution No. 6 9 Purchase of bridge on Louisiana Avenue over the Burlington Northern railroad tracks. It was moved by Councilman Meland, seconded by Councilman Martin, to waive reading and adopt Resolution No. 6659 entitled, "Resolution authorizing execution of the bill of sale to acquire full ownership of Minnesota Bridge No. 90638 on Louisiana Avenue spanning the Burlington Northern Railroad tracks." The motion passed 7-0. lle. Addition to Assessment Addition to assessment hearing Hearing Schedu e schedule. It was moved by Councilman Ralles, seconded by Councilman Martin, to approve the addition of two parcels to the assessment hearing on Project 17-38B, landscaping, Edgewood Avenue, scheduled to be heard by Council on October 6, 1980. Councilman Elstrom asked that backup material including the original bids for this project be presented at the time of hearing. -33u- City Council meeting minutes September 15, 1980 The motion passed 7-0. llf. Housinq Rehabilitation Housing Rehabilitation program. Program It was moved by Councilman Meland, seconded by Councilman Ralles, to accept the recor�nendation that staff be authorized to follow the Urban Hennepin County Housing Rehabilitation Grant procedures in adminis- tering home improvement grants. The motion passed 7-0. llg. Bid Tabulation: Well Closure Bid tabulation: Well closure. It was moved by Councilman Elstrom, seconded by Councilman Meland, to designate E. H. Renner & Sons as the lowest responsible bidder and that they be authorized to close the old Rice Sand and Gravel Company well. The motion passed 7-0. 12a. Damage Claims MISCELLANEOUS Damage claims: Earle Johnson, 2849 Alabama Ave. Martin Hansen, 6708 Minnetonka Blvd. Robert Roman, 1901 Yorkshire Ave., Minnetonka By consent, the Council authorized the above claims to be filed with the City Clerk for proper action by the City Manager and the City Attorney. 12h. Corrmunications from Mayor McQuaid said that she had had the Mayor a discussion with Councilmen Ralles, Hanks and Qackes about opening Council meetings with a prayer. She said that she had received some objections and some criticism to this idea. She said that the Minis- terial Association staff had not appeared to be in support of the idea. Councilman Hanks said that he would prefer to have Council meetings open with the Pledge of Allegiance. It was moved by Councilman Hanks, seconded by Councilman Elstrom, -337- City Council meeting minutes September 15, 1980 that City Council meetings open with a Pledge of Allegiance. The motion passed 6-1 (Councilman Ptartin opposed). Councilman Meland said that when he first came on the Council the meetings were supposed to open with a prayer but quite often the clergymen did not show up. He said that some of the clergymen said that they felt embarrassed. Mayor McQuaid recognized Mr. Bird who said that he wanted to comnent on the enforcement of zoning ordinances on Excelsior Boulevard. He said that he was being forced to adhere to the zoning ordinance with respect to his property, and he wondered if Fred G. Anderson Com- pany, which he said was in violation of the zoning ordinance, would also be forced to adhere by the City Council. Councilman Backes responded that the violation by Fred G. Anderson Company was unintentional and that proper action was being taken to ensure their adherence to zoning requirements 12c. Communications from the City Manager None. CLAINS, APPROPRIATIONS AND CONTRACT PAYMENTS 13a. Verified Claims Verified claims Councilman Ralles asked if there was a State law stipulating how many judges had to be hired to be in charge of the polls on election day. He said he felt $6,600 in salaries for 1,500 voters was excessive. The City Attorney said that he believed it was so stipulated. It was moved by Councilman Hanks, seconded by Councilman Backes, that �he list of verified claims prepared by the Director of Finance and directed to the City Council dated September 15, 1980 in the total amount of �28E,831.08 for ven�or claims, $6,671.43 for payment to election judges for state primary election and $17,043.92 for payroll be approved and the City Manager and City Treasurer be authorized to issue checks in the same amount by a vote of 7-0. 13b. Contract Payment Contract payment, Partial It was moved by Councilman Backes, seconded by Councilman Meland, to authorize the following partial payment: 1) Partial payment, general construction, Bud Johnson Construction. Amount: $6,000.00 -33H- City Council meeting minutes September 15, 1980 The motion passed 7-0. 14. Adjournment On motion of Councilman Meland, seconded by Councilman Ralles, the meeting was adjourned at 10:30 p.m. by a 7-0 vote. Attest: �'� !�?.� P t Smi th Recording Secretary -339- �i%�, •, //, � ! �..�::.�,/ . c,� � � �