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HomeMy WebLinkAboutMar 8, 1976-89- OFFICIAL PROCEEDINGS REGULAR MEETING OF THE CITY COUNCIL CITY OF COLUMBIA HEIGHTS, MINNESOTA MARCH 8, 1976 Meeting was called to order at 8:18 p.m. Roll Call: Logacz, Heintz, Norberg, Hentges, Nawrocki - present. Motion by Norberg, Seconded by Hentges to name Vicki Maternowsky secretary pro- rem for the meeting. Roll Call: All Ayes Invocation was given by Malcolm O. Watson, City Manager. MINUTES OF PREVIOUS MEETINGS City Manager Watson noted the corrections made in the regular meeting of February 9 and the special meetings of January 27, February 2, and February 17. Motion by Heintz, seconded by Norberg that the minutes of the two regular meetings of February 9 and February 23 and the four special meetings of January 27, February 2, February 17, and February 26 be approved as presented in writing with the corrections as noted and the reading be dispensed with. Roll Call: All Ayes PAYMENT OF BILLS Motion by Heintz, Seconded by Logacz that the bills as listed be paid out of their proper funds. Councilman Norberg noted that he had not had a chance to go over the bills and asked that action be deferred until later in the meetlng. Roll Call on motion to approve bills: Logacz, Heintz, Hentges, Nawrocki-Aye Norberg-abstain Training Off., MN St. Planning Minnegasco No. States Power N.W. Bell Telephone Co. Johnson Bros. Whsle. Liquor Old Peoria Co. Prior Wine Co. Quality Wine Co. TwinCity Wine Co. Nat'l League of Cities Nat'l League of Cities Payroll Account James Lord, State Treas. Group Health Plan IBM 75.00 Famous Brands, Inc. 1,218.17 1,094.71 Johnson Bros. Whsle. Liql,623.67 3,225.21 Johnson Wine Co. 302.51 837.24 MN Distillers, Inc. 1,995.87 2,482.06 Old Peoria Co. 39.30 845.93 Phys. Health Plan 1,581.62 232.73 A & R Book Co. 21.19 54.62 Better Homes & Gardens 7.28 230.74 The Bookmen, Inc. 3.12 60.00 Bro-Dart, Inc. 11.93 60.00 Demco Educational Corp. 327.06 66,173.94 Doubleday & Co. 21.45 3,863.87 E & L Corp. 12.35 665.80 Elliot Film Co. 32.75 18.00 Hudson Map Co. 6.45 -90- March 8, 1976 goodrich's History of Anoka 5. Jostenls 1,113. Mpls. Star and Tribune 36. MN Library Assoc. 82. Nat'l Geographic Society 7. Nelson's Office Supply 4. New York Graphic Society 25. Outdoor Life Book Club 9. Pearson Floor Covering 30. Quality Books, Inc. 269. Science & Behavior Books 27. Shoppers Charge IS1. St. Paul Book & Stationery 37. Su~'t of Documents 8. wa!t: Disney Fduc. Media 22. Richard Gill Thomas Helm 27. Harold Ostmoe 55. James Cook 55 Charles Kewatt 78 Barry Rosar 27 Thomas Bittman 89 Joseph Matlon 55 Ralph Volkman 27 Lawrence Nelson 55 Roy Meinhardt 55 Ronald Chan 64 Jack Kallroos 48 Roy Meinhardt 50 Apache Hose 8 Rubber 75 American Linen Supply 59 APl Archi tectura] Sales Gerald Arseneau 102 Auto Craft 67 Auto Gear,Co. 11 AWWA 8 Bacon's Electric Co. 657 Buss. Furniture Inc. 166 Mildred V. Carlson 74 Central Chrysler Plym. 110. City of Columbia Heights 50. City of CH Petty Cash City' Gar. 34. City Wide Locksmithing 52. Cleveland Cotton Products $8. CNA 73. Coast to Coast 80. Columbia Heights Fire Department]O. Comm. Of Highways 197. Continental Safety Equipment 42. O0 43 4O O0 O0 88 O0 64 O0 61 44 53 39 00 40 60 2O .20 20 60 2O 2O 4O 30 60 48 41 O0 99 64 O0 84 69 90 2O O0 59 90 35 08 37 O0 49 50 Cronstroms Htg.& Air Cond Davies Water Equipment Dept. of Revenue Dept. of Revenue Diamond Crystal Salt Co. Kay Downey The Drawing Board Dunkley Surfacing Co. Economics Press Elliot Film Co. H.E. Erickson Co. Fireside Office Supply Gateway Hardware Marry Gavic General Inoustrial Supply eeneral ~ice ~roducts Gestetner Corp. Goodin Co. W.W. Grainger Co. Donald Hanson Harmon Glass Jerry Hedlund Heights Shell Service Homelite Hoover Wheel Alignment House of Rental Indep. School DTst. #13 Industrial Electric Industrial Supply Co. Robert Jendro Wm. P. Johnson Electric Co. Keep Fill Products Kokesh Athletic Lange Tank 8 f!aintenance League of MN Municipalities Leer Bros. Inc. Lloyd's Tool Grinding Maintenance Experts MAUMA Me] ~s Van 0 Lite Midwest Asphalt Corp. Minar Ford 3M Company 3M Company MN Police 8 Peace Officer Assoc. Mobile Radio Engineering Nat'l Fife PFotection A~soc. National Safety Council Nelson's Office Supply 185 50 48 4o 1,438 63 5 55 571 98 21 22 35 27 5O4 O0 15.41 56.25 25.OO 40.32 53.06 213 55 53 33 219 50 373 7O 353 51 17 9O 5O.OO 44.08 11.04 19.35 25.71 12.50 11.50 222.72 6.33 36.23 5.OO 59.41 80.00 66.75 ]23.83 20.00 148.95 5 co 725 O0 15 O0 211 42 176 40 194 17 728 10 5O.OO lo8.o0 40.05 7.2] 105.24 28.15 March 8, 1976 -91- AWWA No. Central Section 175.00 No. States Power 15.11 NW Bell Telephone 236.59 Leonard Olson 50.00 Ovshak Printing 44.50 Paper Calmenson & Co. 165 56 Peterson & Kalina 5,058 90 Power Process Equipment 42 60 Rich/ Lynn Corp. 21 80 St. Anthony 306 76 Eugene Salay 93 60 State Treas, St. Bldg. Insp. 33 91 State Treas. Div of Envor. Health30 Charles H. Stevenson Brad Tatting Texgas Corp. Tracy Printing Uniforms Unlimited Vaughn's Vermeer Warden's GTC Auto Parts Waste Management of MN 106 25 37O 152 67 96 42 8 30 OO 8O 56 35 33 45 OO O0 23 OO Waterous Company Malcolm O. Watson Wayne Protection Agency Welle Auto Supply Williams Steel & Hardware W.W. Generator Rebuilders Xerox Corp. Tim Yantos Zep Manufacturing Ziegler Inc. Western Life Insurance Co. Western Life Insurance Co. iO4.OO 176.75 336.00 12.72 620.10 43.40 12.70 13.50 203.68 9.20 2,044.20 1.52 American Linen Supply Bronner Exterminating Co. Carlson Store Fixture Co. City Beer Distributors City of CH PettyCash Liquor City Wide Locksmithing Comm. of Revenue Eberhard Candy & Tobacco H.B. Fuller Co. Ganzer Distributors Glenwood Grosslein Beverages Home Juice Co. Hi Mount, Inc. Jimbos Kiwi Kai Imports Kuether Distributing Betty Myers Pohle Sales, Inc. Joe Rak John Roach Ron's Ice co. Royal Beverage Dist. Co. Twin City Uniforms East Side Beverage Co. Antler Corporation TOTAL BILLS ~O0.17 12.O0 175.55 9.OO 64.31 20.00 3,OO3.16 261.55 66.43 2,555.7O 22.20 26.55 106.77 1,025.44 134.80 16.50 3,727.85 56.8O 5,194.~5 20.16 20.16 42.00 145.44 ~44.OO 11,671.27 13,410.O0 152,234.78 RESOLUTION #76-12 AUTHORIZING THE SALE OF BONDS Mayor Nawrocki noted that prior to the meeting the City Council met infor- mally with the Finance Director and a representative from Ehlers and Associates to discuss the new bond issue procedures. The purpose of this resolution is to authorize the City to sell $1,O20,OOO.OO worth of bonds for various capital improvement projects in the City and to receive bids for the sale of these bonds on April 12, 1976. Discussion was held on the particulars of the Notice of Sale and on the maturity schedule. At this time, The Finance Director and the representa- tive from Ehlers asked to be excused from the meeting in order to readjust the maturity schedule that was previously proposed by Ehlers and Associates. -92 - RESOLUTION #76-12 PROVIDING FOR PUBLIC SALE OF $1,020,000 CAPITAL IMPROVEMENT BONDS Offered by Logacz, Seconded by Hentges Roll Call: All Ayes Resolution #76-12 was adopted. BE IT RESOLVED by the Council of the City of Columbia Heights, Minnesota, as follows: Section 1. Recitals and Bond Authorization. This Council has duly passed and adopted Ordinance No. 843 of the City which authorizes the issuance of $1,000,000 principal amount of general obligation bonds of the City to finance the construction of capital improvements of a lasting character, which Ordinance is now in full force and effect. This Council hereby determines that it is necessary and in the best interests of the City to sell and issue the bonds so authorized; and, for the purpose of obtainin9 the best bid for such bonds at public sale, to sell and issue an additional $20,000 principal amount of bonds as part of the same issue and representin9 interest, as authorized by Minnesota Statutes, Section 475.56. Section 2. Terms of Sale; Notice. Ehlers and Associates, Inc., bond consultants to the City, has presented to this Council a form of Official Notice of Sale for the bonds authorized in paragraph 1 to be sold and issued, and a form of abbreviated notice of sale for publication, which are attached hereto, and which are hereby approved and shall be placed on file by the City Clerk. Each and all of the provisions of the Official Notice of Sale are hereby adopted as the terms and conditions of said bonds and of the sale thereof, and shall be made available to all prospective purchasers of the bonds. The City Clerk is authorized and directed to cause the abbre- viated notice of sale to be published once in the official newspaper of the City, and one in the Commercial West, a financial periodical published in Minneapolis, at least ten days before the date of said meeting. Section 3. Sale Date. This Council will receive, open and tabulate the sealed bids for the purchase of the bonds in accordance with the Official Notice of Sale at its regular meeting to be held on Monday, April 12, 1976, and will take such action thereon as is deemed in the best interests of the City. At this time, Mr. Watson asked that the Council authorize the Mayor and City Manager to enter into agreement with Ehlers and Associates to handle the bond issue on behalf of the City. Motion by Norberg, Seconded by Heintz that the Mayor and City Manager be authorized to enter into an agreement with Ehlers and Associates, Inc. for consulting work in conjunction with this bond issue. Roll Call: All Ayes TRAFFIC COMMISSION RECOMMENDATION--PARKING LIMITATION, 3910 CENTRAL AVENUE Motion by Logacz, Seconded by Hentges that the request be granted for 30 minute parking signs in front of 3910 Central Avenue as recommended by the Traffic Commission. Roll Call: All Ayes -93- UPDATE ON PUBLIC HEARINGS The City Manager reported that the Engineering Department has found 42nd Avenue and 43rd Avenue to be in fairly good condition and therefore would like to delay the overlay and curb work until some time after 1976. How- ever, they request that the City Council still proceed with the hearing, recognizing the fact that the people wilt be informed that construction would be proposed for some other season. Mayor Nawrocki asked why go through the agony of a hearing if the work is not going to be done this year. Councilman Norberg also noted that there is a distinct possibility that the hearing would have to be held again since the cost would elevate beyond the estimates given at this hearing to a great extent. Councilman Heintz felt that to hold the hearing now, we would almost have to guarantee a cost. Motion by Heintz, Seconded by Hentges to remove the overlay and curb con- struction on 42nd Avenue and 43rd Avenue east of Central from the scheduled hearings for this year. Roll Call: All Ayes. Brief discussion was held on the five year plan. Mr. Watson also stated that the Engineering Department is investigating an alternate route for the 42nd Avenue and 2nd Street strom drain construction. This would be behind the homes that face 42nd Avenue along the school prop- erty and would avoid the necessity of having to acquire the right-of-way along 42nd Avenue at this time. He, therefore, requested that this right- of-way acquisition be deleted for consideration this evening until more information on the alternate route has been gathered. Discussion held. Councilman Hentges asked if there would be any assessments against the properties. Mr. Watson stated that there wouldn't be as this project would be paid for out of the storm sewer fund and also because the people in that area were previously assessed for major sewer work. However, with a project like this, a hearing must be held so that the people will know what work will be done around their homes. Councilman Norberg stated that one of the main reasons for acquiring the right-of-way was for street construction, and therefore we should still proceed with acquiring the right-of-way. Mr. Watson stated that two years ago the Council did actually authorize the necessary negotiations to acquire the right-of-way. Mayor Nawrocki stated there is a difference between authorizing to negotiate and to acquire. He thought that the resolution authorized only the negotiating. Councilman Norberg asked in order to meet the schedule, wouldn't it be wise for the City Council to authorize the City Manager the authority to condemn it? A brief discussion followed. -94- STORM AND SANITARY SEWER DESIGN SHORT COURSE, UNIVERSITY OF WISCONSIN Motion by Heintz, Seconded by Hentges that Clayton Berg be authorized to attend the Storm and Sanitary Sewer Design Short Course, June 14-18 at Madison, Wisconsin. Cost for registration is $200.00. Roll Call: Al] Ayes. Councilman Norberg asked what other expenses there will be. Mr. Watson replied there would be hotel accommodations, meals and gas mileage for an estimated total cost of $400.00. SCHEDULE INFORMAL HEARING ON WALL ON JEFFERSON STREET, NORTH OF 46TH AVENUE The City Engineer requested that an informal type hearing be held with the Council and the residents so as to decide what can be done to improve the existing wa]] conditions on Jefferson Street north of 46th Avenue. Mr. Jimmy Williams spoke on the hazards of this wall and on his and his neigh- bors feelings on the wa]l. A lengthy discussion was held on the various types of wall construction, particularly that of bin wall construction. Discussion was also held on scheduling the informal hearing. Mayor Nawrocki directed the informal hearing to be a part of the regular meeting on April 12, 1976. The Engineering Department was directed to prepare cost estimates and construc- tion alternatives for this wall to be presented to the Council prior to the meeting. Prior to this meeting, the Engineering Department is requested to hold an informal meeting with the affected property owners so as to answer any questions they may have. HOME OCCUPATION PERMIT MICHAEL CAOUETTE, 3726 3RD STREET N.E. Mr. Caouette was present regarding his request for a home occupation permit to teach piano and guitar lessons. He stated that these lessons would be held in the basement of the double bungalow that he lives in and that there wouldn't be any parking problems since he would be instructing on]y one person at a time. The Council asked if he was aware of the rules regarding home occupation, if he intended on putting up any signs, and if any of his neighbors objected to this. Motion by Heintz, Seconded by Logacz that the home occupation permit for piano and guitar lessons be approved. Roll Call: All Ayes RESTAURANT AND AMUSEMENT MACHINE LICENSE, ERNIE NELSON, 3988 CENTRAL AVENUE N.E. This item was tabled from the regular meeting of February 23, 1976. Councilman Norberg asked about the basement problem. Mr. Nelson stated that there would be no activities in the basement. Mayor Nawrocki asked which licenses would be needed at this time. The licenses needed would be a license for the ]3 amusement machines and a restaurant license for pop, ice cream, and hot sandwiches (Stewart type). -95- At this time, Mayor Nawrocki read the reports from the building inspector, fire inspector, and police department recommending changes that should be made and the rules and regulations that should be followed. Mayor Nawrocki stated that if the licenses were granted then Mr. Nelson would have to abide by all of the items listed in the reports. Mr. Nelson stated he would do so providing a copy of these reports were issued to him. Councilman Hentges stated that a water fountain must also be installed. The Building Inspector confirmed this. Motion by Heintz, Seconded by Logacz that the licenses for Ernie Nelson, 3988 Central Avenue N.E., as requested be approved upon payment of proper fees subject to the conditions listed on the building, fire and police departments' recommendation reports. Councilman Hentges stated that he would like to see an age limit as is done at the Oak Hill Baptist Church Recreation Center. He also felt that there would be problems if the center was supervised by an eighteen year old. Mayor Nawrocki stated that people have the right to operate a business providing it is a legal operation and is in a properly zoned area which apparently this request is. Discussions were held on the parking facilities, not having the option to legally define an adult, and on interpreting the curfew and loitering ordinance. It was concluded that after 9:30 p.m. no one under the age of 14 could be in the establishment and that after 9:30 p.m. 14 to 18 year olds could be in the establishment. Councilman Logacz asked about the authority to shut down the establishment in case of problems. The attorney assured him that the City could prosecute the individual responsible at the center. Roll Call On Motion: Logacz, Heintz, Norberg, Nawrocki - Aye Hentges - Abstain SIGN CODE VARIANCE CAR-X SYSTEMS, 45TH AVENUE AND CENTRAL AVENUE Charles Peterson and Jim Stafford from Sign Crafters were present to appeal the denial by the Planning and Zoning Commission for a 156 square foot sign variance at Car-X Service Systems. They requested an 8' x 16' sign to be on a single pole for a total single area of 128 square feet. According to the ordinance, no sign "shall exceed 100 feet, nor shall two or more signs be so arranged and integrated as to cause an advertising surface over one hundred and fifty (150) square feet.': The total surface area of the proposed sign, both front and back, is 256 square feet bringing a variance of 156 square feet. A lengthy discussion was held on the interpretation of the ordinance. It was noted that many signs exceed the square footage stated in the ordinance. Councilman Norberg pointed out that many of these larger signs were prob- ably put in prior to when the sign ordinance was put into effect. He also stated that the question here is whether a sign with two sides is really two signs that are integrated. From an engineering standpoint, he felt this sign is integrated. -96- The City Attorney stated that under any interpretation of the ordinance, the sign is too large. Councilman Logacz stated that a sign committee has been formed to study these signs and the sign ordinance. Mayor Nawrocki and Councilman Heintz both stated that their interpretation on the sign ordinance was that, only one side of a sign is counted. Mr. Peterson stated that they interpreted the ordinance to mean that with one sign only one side is counted for a total surface area because when applying for a permit they only had to pay for one side. With this interpretation, it would on]y mean a variance of 28 square feet. Mr. Hovland, Building Inspector, explained their interpretation of the ordinance insofar as it relates to issuing permits. RECESS CALLED at 10:25 p.m. MEETING RECONVENED at 10:47 p.m. Mayor Nawrocki began by stating that better restrictions are needed on signs. In the past, it seems as though the City has interpreted the ord- inance, whether rightfully or wrongfully, on the basis of the overal] sign size and not on whether or not it has copy on both sides. He felt that made sense since having copy on only one side does not do much for the aesthetics of the sign. Until the sign committee recommends something different, it seems on]y fair and proper that the City Council interpret the ordinance the way it has been done in the past in that it relate to the overall size of the sign and not to whether copy is on both sides. Councilman Heintz stated that until the ordinance is changed, he would be in favor of granting a 100 square foot sign irregardless of whether there was copy on both sides so as to be consistent with past policy. Councilman Logacz stated that being a member of the P]anning and Zoning Commission he would have to go along with their decision. Councilman Norberg stated that he interpreted the ordinance to mean that both sides of a sign are counted in the overall size. Councilman Hentges stated he agreed with the views of the Mayor and Council- man Heintz. Mayor Nawrocki asked the attorney what kind of action could be taken since three peop]e favor the interpretation of counting the area of a sign as being the width times the height. The attorney stated that an amendment should be made and the language of the ordinance cleared up. Mayor Nawrocki stated that to change our interpretation of the ordinance now wou]d bring about a certain unfairness to the peop]e. Councilman Heintz asked that we remain consistent with past policy until a change is made in the ordinance. -97- Motion by Hentges, Seconded by Norberg that the request for a variance to allow an 8 by 16 square foot sign be denied. Roll Call: Logacz, Neintz, Hentges, Nawrocki - Aye Norberg - Nay. At this time, Mayor Nawrocki asked the attorney if the Council could con- sider a motion that would support the Inspection Department's previous interpretation of the sign ordinance that in determining the square footage of a sign the height times the width be considered. The attorney stated that technically that wouldn't be adequate because any citizen could require that the issuance of such permits be prohibited, and anyone who would issue a permit or receive one in violation of the ordinance could be prosecuted. Again, he suggested an amendment to the ordinance. Discussion was held on granting waivers for sign requests. Councilman Heintz asked if tonight the Council could in any way make an interpretation as to what the intent is on the ordinance. Mayor Nawrocki stated that it could only be done by changing the ordinance which, of course~ could not be done tonight. One of the representative from Sign Crafters indicated that it is possible there may be a smaller sign that could be used. LICENSES Mayor Nawrocki stated the Mr. Kenneth Youker was present for his solici- tor's license to sell jewelry on a door to door basis. Mr. Watson noted no problems with this application. At this time, Mayor Nawrocki stated that the amusement machine and home occupation licenses had previously been approved, and therefore, asked that the rest of the licenses listed including the one for Mr. Youker be approved. Motion by Heintz, Seconded by Logacz that the licenses as listed be approved upon payment of the proper fees. Roll Call: All Ayes Councilman Norberg asked if Mr. Youker's license was for a nonprofit organization. Mr. Youker replied that it was not. REVISED BOND SCHEDULE At this time, Mr. $chedler, Finance Director, and the representative from Ehlers and Associates returned with a revised bond maturity schedule. The representative stated that they placed more bonds at the beginning thereby making the schedule more even from what was originally proposed by them. A lengthy discussion and clarification was held on the new proposed schedule. Mayor Nawrocki asked if anyone found fault with the schedule. Councilman Norberg stated that he would like to see still a shorter schedule of pay- ments. Mayor Nawrocki asked fora polling on the new proposed schedule. Councilmen Logacz, Heintz, and Hentges agreed with the new bond maturity -98- schedule and Councilman Norberg was opposed to it. AUTHORIZATION OF PHONE EXTENSIONS Mr. Watson requested that authorization be granted for the Field House and the Library to have an extension off of the new PBX system in addi- tion to their own private lines. Including the private lines, the cost per month would be $112.25 for the Field House and $49.60 for the Library. Mayor Nawrocki asked what would happen if the private lines were dropped and three lines added to the switchboard. Mr. Watson stated that this would use up the capacity for the system thereby periodically creating "jam-ups" in the system. Mayor Nawrocki also questioned the possibility of dropping the private lines and adding another trunk line to carry the extra load. Lengthy discussion held. Mayor Nawrocki stated he favored one City number with no private numbers. Motion by Norberg, Seconded by Heintz to authorize the request of the City Manager to add two extensions to the new PBX system for the Field House and L i bra ry. More discussion was held on adding new trunk lines and on the cost difference between a new trunk line and added extensions. Roll Call On Motion: Logacz, Heintz, Norberg - Aye Hentges, Nawrocki - Nay CONSIDERATION OF QUOTATION ON HYDRAULIC SICKLE-MOWER FROM CASE POWER AND EQtJIPMENT COMPANY Mr.. Watson reported that two informal quotations on the hydraulic sickle mower for the Park Department were received. They were from Case Power and Equipment in the amount of Sl,774.00 and Gustafson Equipment (Duluth) in the amount of $2,335.OO. He recommended that award be made to the low bidder. Discussion was held on the Park Board budget in relationship to there being money for this expenditure. Brief discussion as to whether the Park Board approved this recommendation. The letter from John Murzyn, Park Superintendent, stated that the Park Board had approved in its entirety the purchase of a tractor and hydraulic sickle bar from Case Power according to the original bid earlier in the year. Mot:ion by Heintz, Seconded by Logacz that the bid of Case Power and Equip- merit Company for a hydraulic sickle bar mower and installation be accepted in the amount of Sl,774.00 based on ]ow, competitive informal bid and the Mayor and City Manager be authorized to enter into contract for the same. Roll Call: All Ayes -99- IMPOUNDED WATER PROBLEM Mr. Hovland explained this item was brought to the attention of the Council because a couple of owners in the area of 42½ Avenue west of Fillmore are requesting building permits and are asking permission to build their grade up so water drains off their property. Mr. Hovland stated that if this were allowed, more water would gather in the backyards of 42nd Avenue. Mayor Nawrocki stated they would not be allowed to build their grade up because it is against the ordinance. Lengthy discussion held on deviating the water by means of changing the grade. Discussion was held on the drainage problems in this area of 42½ Avenue, in the area of 43rd Avenue and 43½ Avenue east of Fillmore and north of 39th Avenue between Hayes and Arthur. Mr. Gustafson mentioned that there are a couple other areas with this same problem. Mayor Nawrocki stated that the obvious solution to this problem is the installation of storm drain. However, a hearing was held and the people in the area of 42½ were not in favor of storm drain at that time. Mr. Watson asked the attorney if the City has the right to deny building permits in areas such as this. The attorney stated that the City could if they don't have the proper drainage. Councilman Norberg stated that in order to force the issue, the City should tell the people that they can't build without a proper drainage plan and that plan includes storm drain. Councilman Hentges agreed that storm drain is the answer, but he doesn't think the people will want it because it will cost money. Councilman Heintz also stated that the ultimate solution is the installation of storm drain. Councilmen Heintz and Hentges felt that another hearing should be held for the storm drain on 42½, but before it is, the Engineering Department should make a study as to what other areas are affected by backyard drain- age problems so that these other areas can also be included in the hearing. Motion by Hentges, Seconded by Heintz that the Engineering Department be directed to come back to the City Council with information on all back lot drainage problems in either developed or developing areas. Roll Call: All Ayes. SUBDIVISION REQUEST 1107 42ND AVENUE, BERNADETTE E. GICE Mrs. Gice requests to split her 280 foot lot into two parcels. Discussion held on this lot being a part of the back lot drainage problem previously discussed. Councilman Hentges felt this should be denied because of the fact that she wouldn't be able to build on the lot. Councilman Logacz stated subdividing does not mean you have to build. -100- Councilman Hentges asked whether it would be better to deny this request or- table it. The attorney stated that it could be denied, but would suggest tabling it. Motion by Hentges, Seconded by Norberg that this subdivision request be tabled. Roll Call: All Ayes REQUEST TO PURCHASE TWO CALCULATORS FOR THE ASSESSOR'S OFFICE Motion by Hentges, Seconded by Norberg to authorize the purchase of two Victor 1900 series calculators for the Assessment Department in the amount of $711.00. Councilman Heintz asked why they needed a four hundred dollar calculator. Mr'. Watson replied that they had tried various models, and both the Assessor, Millie Carlson, and the Finance Director, John Schedter, felt that the Victor 1900 calculators were the type needed for the kind of work that is done. Roll Call On Motion: Logacz, Norberg, Hentges, Nawrocki Aye Heintz - Nay LOT SUBDIVISION 951 q2ND AVENUE, RAY SOWADA Mr. Watson stated that there are no outstanding special assessments, is about three lots east of Central Avenue, and is not involved in the back lot drainage problem. Motion by Norberg, Seconded by Logacz that the lot subdivision for 951 ~2nd Avenue, Ray Sowada, be granted. Roll Call: All Ayes RESOLUTION 76- REGARDING SALARIES FOR 1976 FOR COLUMBIA HEIGHTS-- SCHOOL DISTRICT 13 RECREATION DEPARTMENT PERSONNEL Mayor Nawrocki asked why this resolution is being considered tonight when the resolution for the other employees is not. Mr. Watson stated that he was asked by the Recreation Commission, specifically Councilman Heintz, to set up this resolution in accordance with the School District ]3 Rec- reation Board's directive. At this time, Mr. Watson read the resolution which was offered by Heintz, seconded by Hentges. Following the reading of the resolution, Mayor Nawrocki suggested that in all fairness to the other employees, this item should be tabled until such time when the salaries for the other personnel are considered. Councilman Heintz asked for a clarification of when this would take place. Mr. Yantos stated that the possible range and title change plan will be submitted by Mr. Cox during the first week of April. Councilman Heintz stated he concurred with the-Mayor's comments, but the only person affected in this resolution by the Cox Plan is the Park-Recrea- tion Secretary. He noted that the Recreation Director and Assistant Recreation Director are not included in this [)lan, and therefore, suggested that the secretary be removed from the resolution. -101 - Motion by Norberg, Seconded by Logacz to table this resolution pending the review of the rest of the administrative personnel the first part of April. Roll Call: Logacz, Norberg, Nawrocki - Aye Heintz, Hentges - Nay Following the motion, Councilman Heintz asked if in the first week of April the City Council could take care of the two people that are not affected by this plan. Mayor Nawrocki stated that they will have to wait and see what happens at the first meeting in April. Councilman Hentges asked if at this meeting we will be including everyone, in particular Jerry Hedlund of the Assessment Department. Mr. Watson stated that Mr. Cox's report will include Mr. Hedlund and also Mr. Kolb in the Finance Department who is in the same type of situation as Mr. Hedlund. Lengthy discussion held. RESOLUTION 76- BEING A RESOLUTION ESTABLISHING THE SALARY AND FRINGE BENEFITS SCHEDULE FOR POLICE PATROL OFFICERS FOR 1976 AND 1977 Mr. Watson recited various parts of the police contract including salary adjustment which is also stated in the resolution. The City Attorney asked that no mention be made of the actual salaries in the resolution but that the agreement which states the salaries be incorporated in the resolution by reference only. Discussion held. Mr. Watson then read the resolution with the changes indicated by the attorney. Councilman Norberg stated that saying "attached hereto and made a part hereof" means that the complete package would have to be published. Therefore, he suggested that it be changed to read "not attached hereto but incorporated by reference." The attorney stated that he did not like the language of various parts of the contract and therefore would like to delay action on this until such time when corrections could be made. FIREWORKS REQUEST FROM RECREATION COMMISSION Mayor Nawrocki stated that the Recreation Commission requests authorization for fireworks for the Fourth of July celebration in the amount of $1,250.OO. It was noted that since this is the bicentennial and since this is the last year we are allowed to have fireworks, it might be worthwhile to have more fireworks from that of previous years. Mayor Nawrocki stated he would like to recommend an expenditure of $2,500.00. Motion by Heintz, Seconded by Hentges to authorize the Recreation Commission to include fireworks in the Fourth of July celebration and to authorize the expenditure of up to $2,500.00 for fireworks. Councilman Hentges stated that some of the money for this should come out of the bicentennial budget. Mayor Nawrocki replied that their budget was not set up for fireworks but for other items. -102- Councilman Norberg stated that more money for fireworks does not mean a longer display but simply more fireworks. He suggested that a proviso be made in that if this much is to be spent, then we should get a pro- portionately longer display. Councilman Heintz stated he would talk to Linda Hansen on this. Mayor Nawrocki stated the City Council should simply let the Recreation Commission handle this. Roll Call On Motion: All Ayes RESOLUTION 76-13 SUPPORTING LINDA HANSEN, RECREATION DIRECTOR OF THE CITY OF COLUMBIA HEIGHTS, FOR THE C.C. LUDWIG AWARD Mr. Watson requested sending a letter or resolution recommending Linda Hansen for consideration of the C.C. Ludwig award. Mr. Watson then pro- ceeded to read the resolution. BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, that WHEREAS, each year the League of Minnesota Municipalities honors a municipal official whose career in municipal service exemplifies the ideals of the late Mr. C.C. Ludwig, the Executive Secretary of the League for 24 years, and WHEREAS, this award will be presented again this year at the League Con- w~ntion at Duluth in June, and WHEREAS, Linda Hansen has served on the Recreation Department of the City of Columbia Heights since 1972 as Assistant Director and Director, being instrumental during her career with the City for expanding the recreation program to include individuals from all age groups and oFcupations in our area, and WHEREAS, Linda has instituted a sound programofmanagement in the recreation area and administered the same in a careful manner, showing concern for all expenditures and staying within all budgetary limitations, and has worked cooperatively with other recreation departments in the metropolitan area, NOW THEREFORE BE IT RESOLVED that the City Council of the City of Columbia Heights recommends to the League of Minnesota Municipalities the nomination of Linda Hansen for the C.C. Ludwig Award for 1976 and copies of this resolution are directed to be sent to Dean Lund, Executive Director of the League of Minnesota Municipalities. Offered by Heintz Seconded by Norberg Roll Call: All Ayes DISCUSSION ON SULLIVAN LAKE AREA Mr'. Norberg noted that in reading the Planning and Zoning Commission minutes a discussion was held on rezoning part of the Sullivan Lake area from R-2 to R-3. To his knowledge nothing like this has been proposed, and at this time would not favor such a proposal until a developer has been in to note what could be done with the property. Mayor Nawrocki -~o3- stated that recommendations for rezoning come from the Planning and Zoning Commission to the Council and until such proposal comes to the City Council for consideration there is no need to debate the issue now. COMMERS SOFT WATER, 3755 CALIFORNIA STREET Mr. Watson reported he received a call from John Commers stating that there is an auto reupholstering company interested in renting the space previously used by Acorn VendFng. He noted that under the limitations of the purchase agreement between the City and Mr. Commers, this type of business is not allowed. Mr. Commers was aware of this and is there- fore asking for a waiver of the auto reupholstering limitation. Dis- cussion held. Councilman Heintz recommended talking with the people in the neighborhood and report back to the City Council at the next meeting. Motion by Heintz, Seconded by Hentges that this item be tabled for further report until the next meeting. Roll Call: All Ayes LEAGUE OF MINNESOTA MUNICIPALITIES CONVENTION Mr. Watson asked which Council members would be attending the League Convention so that reservations could be made. He noted that Mayor Nawrocki has already made reservations. Councilmen Heintz and Logacz indicated they would be going, Councilman Hentges was not sure at this time, and Council- man Norberg indicated he would probably not be going. COMMUNITY DEVELOPMENT FUND APPLICATION Mayor Nawrocki reported that the State Planning Agency and a committee from the Metropolitan Council have approved our application for federal funds f6r community develppment. It will be presented to the full council some- time this week for their approval. Councilman Hentges reported on the activities of the last Traffic Commission meeting. Brief discussion held on the removal of the parking meters along Central Avenue. The Public Works Director reported that tomorrow will be spent floating the new water tower on the system and adjusting the controls. Mayor Nawrocki asked how many FAU projects were being submitted. Mr. Gus- tafson reported that the Engineering Department is working on them. He asked that he be made aware of what is being submitted so that he can support them. Motion by Logacz, Seconded by Hentges to adjourn at 2:05 a.m. Roll Call: All Ayes Secretary Pro-Tern