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HomeMy WebLinkAboutMar 23, 1976OFFICIAL PROCEEDINGS SPECIAL MEETING AND CONTINUATION OF REGULAR MEETING OF MARCH 22RD MARCH 23, 1976 -117- The meeting was called to order at 7:09 p.m. Roll Call: Logacz, Heintz, Norberg, Hentges, Nawrocki - Present. Motion by Heintz, Seconded by Norberg to appoint Vicki Maternowsky Secre- tary for this meeting. Roll Call: All Ayes Approximately 30 residents were present for the alley hearing. STATEMENT OF PURPOSE OF HEARING Mayor Nawrocki began by stating that the staff and City Manager have recommended that certain improvement projects be considered for this year's construction season. The City Council, therefore, called a hear- ing to discuss these recommended projects with the people and to render a decision as to whether or not these projects will be completed. He then went on to explain the order of business for this hearing. Mr. Watson reported that the Engineering Department met with the City Council to discuss the justification of paving various alleys in the City. The list of alleys was narrowed down to four, and they are Jackson Street to Van Buren Street, 44th Avenue to 45th Avenue; Summit Street to 40th Avenue, 5th Street to Lookout Place; University Avenue to 4th Street, 47th Avenue to 48th Avenue; and University Avenue to 4th Street, 44th Avenue to 45th Avenue. Mr. Watson then went on to explain the proposed design for a 10 foot concrete alley and the procedures and policies that will be followed during construction. At this time, the cost for this work is estimated to be $9.50 per assessable foot. Mr. Watson also noted that the final assessment figure and method of payment would be discussed at the assessment hearing usually held in November. During this presen- tation, slides were shown depicting a typical alley section, concrete paving 10 foot wide, and a cost estimate example. At this time Mayor Nawrocki asked if there were any questions regarding the general comments made by the City Manager. The gentleman from 325 Summit asked when determining the amount of footage for assessing, is the footage along the street or the footage along the alley counted. He stated that his footage along the alley is wider than that of the footage along the street. Mr. Watson and the City Assessor, Millie Carlson, both replied that in a case such as this the owner is assessed for an average of the front and back footages. Mr. Hendrickson, 4444 4th Street, asked if the $9.50 per front foot charge includes engineering costs. Mr. Watson replied that it does. Mrs. Haman, 3974 5th Street, stated that she would be paying for 100 feet. Mrs. Carlson confirmed this by stating she has 140 feet along the alley which is the longest side of her lot. In a case such as this, it is -118- standard procedure to reduce the long side along the alley by 40 feet thereby assessing her for 100 feet. At this time, each alley was taken separately for discussion. JACKSON STREET AND VAN BUREN STREET, 44TH AVENUE TO 45TH AVENUE Mr. Watson reported that this alley has very steep grades on the north end which causes erosion and siltation in the storm drain at the south end. Therefore, cleaning of this line has to be done regularly. Con- crete paving is recommended so as to eliminate this problem. Mr. Landowski, 4455 Jackson Street, presented a petition to the City Council voting against the project and requesting vacation of the alley. Mr. Pafko, 4449 Jackson Street, stated that Mr. Maciaszek and Mr. Inhofer signed the petition against paving, but they do need the alley for access. Therefore, he suggested that the alley be vacated from 45th Avenue halfway up the block so that these five properties would still have access to the alley. Mayor Nawrocki stated that to vacate half the alley, the snowplow and garbage trucks would have difficulty in either turning around or backing up. Mr. Inhofer, 4425 Jackson, confirmed that the alley does not need to be paved since he is the only one that uses any length of the alley. If it were paved, there would be more of a security problem and more traffic since it is somewhat of a "runway" between Shoppers City and Hilltop. Motion by Norberg, Seconded by Heintz that the petition be placed on file. Roll Call: All Ayes Mr. Kovacs, 4421 Jackson, couldn't see why the snowplows couldn't turn around if the north end of the alley was blocked off. Mayor Nawrocki stated that it is possible but being that the large trucks have limited vision, a potential hazard would exist. Councilman Heintz asked if there was any way Mr. Inhofer could have access to his property without using the alley. Mr. Inhofer replied that he felt there is enough room between his house and property line for a drive- way to his garage. Councilman Heintz further stated that if Mr. Inhofer could have access from the front, then he would be willing to vacate the alley provided everybody on both sides agreed to it. Mr. Inhofer replied that the only drawback to this is that there would be quite a difference in ,cost in paving the alley or putting in a driveway, the latter of which he can't afford now. Mr. Inhofer also stated that one problem with the alley is that the storm sewer at the end is quite low which has resulted in high maintenance costs for the City. He felt that in order to improve the alley, the first thing to do would be to raise the storm sewer to the right level. Mrs. Kovacs asked if the alley could be left the way it is, but raise the drain sewer so that dirt does not collect there like it has been doing. -119- Mr. Brown, City Engineer, replied that it could be raised, but it would be better to lower the ground around the catch basin rather than raise it. Mr. Pafko stated that he understood if the alley was closed or not paved and a year later the residents wanted it vacated, then the residents would have to hire an attorney to have it vacated. Mayor Nawrocki explained that if at any time an alley is to be vacated, it is done by Council action, and the land is automatically divided 50-50 to the owners on either side. Therefore, he could see no reason why the people would have to hire an attorney. The City Attorney stated that was correct, but there may be exceptions in certain cases where the division on a platted alley is not 5O-5O. Mayor Nawrocki stated that if the Council were to consider vacating the alley, a separate hearing would have to be held. One gentleman stated he would like to have the alley blocked off from 45th Avenue with posts so that traffic does not go through. Councilman Logacz stated that if the alley was blocked, it should be sealed securely with a fence rather than posts. Blocking the alley this way would keep the vehicular traffic out but not the pedestrian traffic, and unless it was blocked off securely there would be problems with vandalism since the people would know that this alley is no longer watched by the resi- dents or patrolled by the police. Councilman Norberg asked if the cost of removing and replacing the fences and retaining wall along the east side of the alley was included in the estimate. Mrs. Reinholdson, 4438 Van Buren, spoke on the problems she is having with the retaining wall in that it is washing away, and the garbage men frequently refuse to pick up her garbage because of the steep hill. She also pointed out that she gave the City five feet of her property to put this wall in, and that she did not want to lose any more property to have this alley paved. Mayor Nawrocki asked the Engineering Department if it would be necessary to acquire any property if this project was approved. The Engineering Department replied there would be no acquisitions needed. Motion by Heintz, Seconded by Norberg that this project be denied. Councilman Heintz asked that in the future the Council should consider proceeding with the vacation of the alley and that Mr. Inhofer find some other access to his property. From the standpoint of maintenance purposes and the fact that there is only one primary user, it is only logical that the alley be vacated. Mr. Pafko asked if this retaining wall could be taken into consideration. Mayor Nawrocki asked if there was a problem with the bank right now. Mr. Pafko replied that it is washing away. The City Engineer explained the situation and stated that this property should be secured before any vacating is done. -120- Councilman Hentges stated that the alley would be more secure if left open. He felt that if the City spent the money to obtain the alley, it should be maintained and be in good shape for people to drive on. When the alley was put in there were users of the alley, and there still are users. Therefore, there is the need for a decent alley. A gentleman from the audience pointed out that the petition was signed by just about everyone which meant that there was no need for the alley. He also stated that most of the patrolling for vandalism is done by the resi- dents themselves. With the alley closed they wouldn't have to patrol it nor' would there be the traffic coming from Hilltop to Shoppers City. Roll Call on Motion: Logacz, Heintz, Norberg, Nawrocki Aye Hentges - Nay At this time, Mayor Nawrocki directed the City Manager to have a report written on the problems with the wall at the Reinholdson property with a copy to be given to Mrs. Reinhoidson and members of the Council. Once the report is in then it can be decided as to what measures should be taken to correct this problem. Mayor Nawrocki stated that the Engineering Department indicated that re- shaping around the catch basin could be done. He therefore asked that this be taken care of at the appropriate time. On the issue of vacating the alley, Nayor Nawrocki stated that if there is going to be service from the alley even if it is for one property and if the alley is expected to be maintained, then in all reasonableness con- sideration should be given to keep the alley open all the way. Mr. Inhofer again stated he had no objection to vacating the alley as long as he has access to his garage. Councilman Heintz offered an alternative in that the whole alley be vacated and that Mr. Inhofer rely on the friendship of his neighbors in that he use their driveways until such time as he has the funds to establish access to his property from the street. This alternative met with little approval from the residents. The City Manager expanded on the idea of vacating the alley in that in order to vacate the alley it would be necessary to turn one structure around. In other words a separate hearing should be held for taking the costs of turning the garage around and installing a driveway that was sufficiently substantial so that it would not break down and create a problem on the adjoining neighbor, and the construction of that would be assessed against the people along the alley at an estimated guess of $2.00 to $3.00 per front foot. This would mean that the alley would be vacated, the excess fill would be used along Mrs. Reinholdson's retaining wall to create a slope there, and that the vacated piece of alley where Mr. Maciaszek has his property would be maintained by him as a private driveway with the exception of the utility easement which would be maintained by the City. Mayor Nawrocki asked the people if they would be willing to have this matter explored and another hearing held at a future date with the possi- bility of a $2.00 to $3.00 assessment to accomplish the garage turn around and allow the alley to be vacated. -121- Mr. Pafko suggested that before rendering a decision on this, the residents should get together to talk about this and then report back to the Council with their decision. Mayor Nawrocki stated that nothing more will be done on this matter until such time as when the residents bring this before the Council. Councilman Norberg asked if the City Manager's proposal included the fixing of all the banks. Mr. Watson replied that it would only include the neces- sary filling in where there are embankment problems. This would achieve some retainage there for the purpose of sodding if the people wished to do that. SUMMIT STREET AND 40TH AVENUE, 5TH STREET TO LOOKOUT PLACE Mr. Watson reported that there is a steep grade in approximately the cen- ter causing erosion and siltation in the storm drain at the west end of the alley. At this time, Mr. Brown, City Engineer, commented on particular problems with the various properties. Mayor Nawrocki asked what would happen to the bulge that is in the middle of the alley on the 40th Avenue side. The City Engineer reported that the bulge was put in by design and is not a part of the alley and therefore would remain. Mayor Nawrocki then asked if the alley bends around it or moves toward Summit. The City Engineer replied that it moves toward Summit. Councilman Hentges asked how the wall on the north side would be retained. The City Engineer replied that to the existing curb section another section of curbing will be put in which will properly support it. The maintenance of the wall is a part of general maintenance by the City and not a part of the proposed project. Councilman Heintz asked about the possibility of slope paving. Mr. Brown replied that slope paving is more permanent and better looking, but is much more costlier than curb sections. Discussion held on the difference in cost between contracted slope paving and general maintenance of the wall by using salvaged curb sections. Councilman Heintz felt that something more permanent such as slope paving should be done. Councilman Norberg stated that if something more permanent isn't done as suggested by Councilman Heintz, then this wall will wash away just like the wall that is between Jackson and Van Buren. The problem will become worse since the paved alley would simply be a conduit for carrying the dirt from the wall to the storm sewer and plugging that up. The gentleman from 325 Summit stated he would like to see something done which would make the alley last longer, 10 to 15 years, so that it wouldn't have to be done again in another five years which is what is occurring now. Mayor Nawrocki stated that putting this alley in was a very controversial item. What went in at that time was in no way a permanent solution, but was somewhat of a compromise between those that wanted something and those that wanted permanent paving. The gentleman from 400 40th Avenue stated he has counted only 10 cars passing through the alley in a week's time and therefore sees no reason for a paved alley. -122.- Mrs. Haman, 3974 5th Street, was opposed to the project because she does not need the alley and does not want to pay for something for the benefit of other people. The gentleman from 411 Summit Street stated that a concrete alley is not going to correct the wall. He felt that this problem should be corrected before the alley is paved and that whatever is done to the alley this time, he wants it to last. He also asked what assurance there will be that the driveway entrances will match the newly paved alley. Mr. Brown stated for his particular property there is no reason for his driveway to change. Every attempt is made to match the driveway as close as possible with the alley. The gentleman from 325 Summit Street stated that the alley serves no pur- pose for the residents, but if it is the opinion that the alley be paved, then again~ he would like to see the City arrive at some solution that will make this alley last 10 to 15 years. Motion by Norberg that the project be denied. Motion died for lack of a second. Councilman tteintz stated that before approving or denying the project he would like to see some way of taking care of the bank problem. He would like to know if it is acceptable with the Council that the City permanently fix the bank, and along with this, he would like to see the project approved. Doing one and not the other would not solve the problem, but permanently fixing both would be a solution to the erosion of the wall and alley. Motion by Hentges, Seconded by Heintz that the project be approved and that the wall on the north side be properly repaired concurrently with the paving project as a part of the general maintenance program~ but will not be a specially assessed project. Councilman Norberg questioned how the people on the east end would benefit from this improvement, and why this project includes that access to 5th Street. Councilman Logacz sympathized with the people in that no matter what project is under discussion there is always going to be someone who will not benefit by it. Mr. Nelson, 403 Summit Street, opposed the high assessment cost since he would not benefit from such project. Anotlher gentleman stated that if this alley is not necessary, then why must it be permanently paved. Why not take the money for this project and use it to permanently fix Summit Street which is in far worse condition and has more traffic than the alley. Mrs. Haman stated she was assessed last fall for Summit from 40th to 5th and could not see how she benefited from that. Mr. Watson explained that she was assessed on an avenue basis for major street repair work in that area and not for the street construction on Summit. -123- Mr. Diachuk representing his father who lives at 325 Summit stated that since the Oil Dyne building was built so close to the property line, a concrete alley would create problems in that water from the downspouts would shoot across the alley onto his father's property. The City Engineer stated that these are roof drains that could be controlled by having them point laterally with the alley. Mayor Nawrocki asked the City Manager to see that an Engineering report is made on the problem of Oil Dyne with copies to be sent to the Council and to Mr. Diachuk of 325 Summit. A gentleman asked about the cost of the paving project and of the wall. Mayor Nawrocki stated that the $9.50 is only an estimate for alley paving, and the wall is going to be handled as a maintenance type item. Mayor Nawrocki asked that the City Manager have a report prepared on what will be done to correct the embankment problem of the wall with a descrip- tion of the work to be done included in the report and that copies be sent to all property owners on both sides of the alley and to the Council. Roll Call on Motion: Logacz, Heintz, Hentges, Nawrocki - Aye Norberg - Nay UNIVERSITY AVENUE AND 4TH STREET, 47TH AVENUE TO 48TH AVENUE Mr. Watson reported on the existing conditions of the alley~ and Mr. Berg spoke on particular problems associated with the alley. Councilman Heintz asked if the people that use this alley for access to their garages could use the street instead. Mr. Berg replied that they could not. A gentleman from the audience presented the Council with a petition against the paving. He felt that after talking with the Engineering Department, the alley does not seem to be a severe maintenance problem and therefore did not feel that paving would benefit the people. Motion by Heintz, Seconded by Norberg that this project be denied. Councilman Hentges stated that eventually this alley would be paved, and the longer the people wait the more it is going to cost. He felt that the time to have the alley paved is now. One gentleman asked why the Council is tryiog to make the people have some? thing they don't want. Mayor Nawrocki replied that is not what the Council is trying to do. Mr. Johnson, 4732 4th Street, stated that he has a problem with water. He felt that to pave the alley would be like putting a dam in front of his house. Mr. Berg reported that this alley would be cut down so that there would be better drainage. Mr. Johnson further stated that he felt the street should be fixed before paving the alley. Mr. Schuh, 4724 4th Street, stated that leaving the alley unpaved means that the cars have a tendency to drive slower. In his concern for the safety of the children, he would prefer to see an unpaved alley. -124- Councilman Norberg agreed with Mr. Schuh's comment on the safety of the children and further felt that a paved alley does not reduce its general maintenance cost. Roll Call on Motion: Logacz, Heintz~ Nawrocki Project was denied. Aye Norberg. Hentges - Nay Motion by Heintz, Seconded by Logacz that the petition be placed on file. Roll Call: All Ayes UNIVERSITY AVENUE AND 4TH STREET, 44TH AVENUE TO 45TH AVENUE Mr. Watson began by reporting on the existing conditions of the alley inso- far as it relates to paving the alley. He luther stated that a petition against the project has been received. Moti[on by Logacz, Seconded by Hentges that the petition be placed on file. Rol'l Call: All Ayes Councilman Hentges asked if the people along 4th Street are currently paying for an assessment. Mr. Watson replied that there is an assessment against them for curb, gutter and surfacing. One gentleman stated that in reference to the petition 83.3 are against and 16.6 of the people don't care one way or the other. He went on to say that at the time they were assessed for street surfacing, the people were told thai: there wouldn't be any more assessments until after this one was paid for. Mrs. Tigue, 315 44th Avenue, stated that she is against the paving. If it were paved, she felt that the speeding problem would become worse. For this reason, she thought that a stop light should be put in at the service roacl. Motion by Hentges, Seconded by Logacz that this project be denied. Councilman Logacz stated that he seconded the motion on the grounds that eventually all alleys and streets should be brought to a permanent status and also because the people are still paying for an assessment. Roll Call on Motion: All Ayes MEETING RECESSED AT 9:20 P.M. MEETING RECONVENED AT 9:35 P.M. RESOLUTION #76-15 BEING A RESOLUTION ORDERING IMPROVEMENTS BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights. WHEREAS, the City Council of the City of Columbia Heights by Motion on the 23rd day of February, 1976 ordered notice of a hearing to be given to prop- erty owners, and -125- WHEREAS, pursuant to a notice of hearing certain residents appeared at a Council Meeting on the 23rd day of March, 1976, and WHEREAS, the Council determines to proceed with this local improvement, a portion of the cost being defrayed by special assessments under Charter provisions. NOW, THEREFORE, IT IS HEREBY RESOLVED: 1. That the location and extent of such improvements is as follows: Concrete Alley Paving Summit - 40th, Lookout - 5th 2. That the materials to be used are as follows: Concrete That a careful estimate of the cost of the improvements has been made by the City Manager and the several lots and parcels of land fronting upon and adjacent to such proposed improvements, which be deemed bene- fited thereby, were properly notified of said hearings, and That the City Manager shall also list the names and owners of the sev- eral parcels so improved as nearly as can be ascertained. 5. These improvements shall also be known as Project No. 714. Offered by: Seconded by: Roll Call: Hentges Logacz Logacz, ~ieintz, Hentges, Nawrocki - Aye Norberg Nay Resolution #76-15 was adopted. Following the reading of the resolution, Councilman Norberg called attention to the fact that since there is only one alley to be done, is there any chance of the cost staying within the original estimate. He seriously doubted it since this alley is the most tortuous and therefore would be the most expensive. Mayor Nawrocki replied this would be discussed when the bids are received for the work. Councilman Heintz stated when the bids are in and if the cost is over the normal percentage of the Council's feelings, then another hearing should be held. At this time, Mayor Nawrocki stated that the regular meeting of March 22, 1976 was to be continued at such time when the hearing for the alleys was completed. SHADE TREE DISEASE CONTROL Mayor Nawrocki informed the Council that the application for State assis- tance for Shade Tree Disease Control has been accepted in the amount of up to $3,000.00 He reported that this is a matching amount in that the City has to put some money in, and then this money can be given to property owners for removal of diseased trees specifically Dutch Elm and Oak Wilt. Mr. Watson explained the reimbursement procedure to the property owner by the City and to the City by the State. -12,6- Councilman Norberg passed on the request by Mrs. Glader that some of the trees on the 5th Street side be removed. He asked that the tree inspector get in touch with her as he thinks that these trees are on City property. AGREEMENT WITH EHLERS AND ASSOCIATES Mayor Nawrocki asked the City Manager if he could recall how much this agreement for consulting services was going to cost the City. The City Manager replied that he would check into this. Mayor Nawrocki made mention of the form the Council received from Ehlers. Mr. Watson stated that every member of a governing body and the Administra- tor and City Treasurer are now required to fill out this form for the record. Mayor Nawrocki asked what in particular they wanted to know. As Mr, Watson understood it, they are primarily concerned with how long a person has served on a committee and whether or not his background, experience, train- ing, etc. qualifies him to be serving. Councilman Norberg further stated that the Security Exchange Commission has embarked on an expansion of the disclosure required for these bonds because they are requiring registration of these bonds before they are issued. This is a very positive thing that the City can benefit from. People buying the bonds wi]] be able to see the type of people they are dealing with, This in essence wi]] have an effect on the interest rate. At this time Mayor Nawrocki suggested that everyone fill this form out, AMUSEMENT CENTER--ERNIE NELSON--OLD POST OFFICE BUILDING Mr. Watson made note of the letter from Dean Otterson, City Planner, regarding the amusement center. Discussion held on the report. Mayor Nawrocki felt that the item of zoning is something that should be included in the Building Inspector's report. The attorney stated that the City Planner does have a valid point in the change in the use because the post office was a governmental unit which was not subject to the City's zoning laws. The use of the property as a post office is subject to a different type of parking regulation from what the pool hall would be, whereas with Danielson's there is the same type of parking. Therefore, he felt that this matter on parking could very well be reviewed by the Planning and Zoning Commission. Mayor Nawrocki asked whether a referral should be made by the Council to the Planning and Zoning Commission or if this should wait until the Building Inspector has submitted a report. The attorney stated that his only concern on making a referral is that Ernie Nelson may not be too happy in having to wait until the Planning and Zoning Commission's May meeting. Discussion held on the action taken the previous night and on why the conditional use and parking situation were not brought up at that time. -127- Further discussion held on the zoning ordinance insofar as referring it to the Planning and Zoning Commission. The attorney stated that he could see the merit in the parking use but not the conditional use permit. Mayor Nawrocki asked the attorney if the Council should consider making a motion on referring matters which come from the Building Inspector or City Attorney regarding the amusement center to the Planning and Zoning Commission as opposed to referring it to the Council. The attorney replied that a motion would be in order. Motion by Hentges, Seconded by Norberg to refer any matters coming out of the authorized reviews which would give rise to a meet with the Planning and Zoning Commission be referred to that Commission. Roll Call: Logacz, Norberg, Hentges, Nawrocki - Aye Heintz - Nay At this time Mayor Nawrocki asked the City Manager or the City Attorney to contact Ernie Nelson and inform him of these developments as early as possible. SPLIT LIQUOR ISSUE A lengthy discussion was held on the latest liquor operating statement particularly that of the market reasearch bill and the net profit of the liquor stores. Councilman Logacz suggested that the Council hold an informal hearing for the purpose of discussing the liquor issue~ Motion by Heintz, Seconded by Hentges to place the split liquor issue on the election ballot for this fall. Councilman Norberg asked what the actual proposals would be for this. Councilman Heintz replied that all possibilities should be listed on the ballot. Councilman Norberg stated by a random voting process such as this, you find you end up with nothing. Lengthy discussion held on the split liquor issue. Councilman Hentges suggested that a public hearing should be held on this issue. Councilman Heintz agreed with Councilman Hentges, but he felt it should be more of an informational type hearing. Councilman Norberg stated he would be more inclined to go along with the motion if it included some type of hearing so as to get opinions from the people as to what should be on the ballot. Councilman Logacz also thought a hearing would be worthwhile. Councilman Norberg stated that he would hate to have it construed that there has been a concerted effort to do anything except to make the liquor stores profitable. At this time, Mayor Nawrocki asked if it would be appropriate to discuss some of the things that have been going on at the liquor store. Mr. Watson then reported on the meetings he had with the liquor store mana- ger, his business agent, and the finance director regarding the liquor store manager's employment with the City. A lengthy discussion was held -128- on the termination of the liquor store manager. Mayor Nawrocki asked that a copy of the letter of termination and the reasons for this termination be given to him. Brief discussion held on the job responsibility of the Administrative Assis- tant for the Liquor Department. Mayor Nawrocki asked for a copy of the letter sent by the City Manager to the liquor store manager informing him that Mr. Stevenson would be acting as the City Manager's representative in the liquor operations. Mayor Nawrocki stated that these personnel issues could be discussed further when more information has been received. At this time, discussion turned back to the split liquor issue. Councilman Logacz suggested that an amendment be made to the motion that would include ho]ding an informational hearing on the subject, Mayor Nawrocki stated that in lieu of this motion, the City Council should hold some type of public meeting for considering the subject in general form, and then as a result of the meeting could make a decision as to whether or not this item should be placed on the ballot. Motion by Norberg, Seconded by Logacz to substitute the motion of placing split liquor on the fa]] election ba]lot to be to authorize the settin9 of a public hearing to discuss the matter of sp]it liquor. Roll Ca]]: Ayes ANNUAL INTERNATIONAL MFOA CONFERENCE Motion by Norberg, Seconded by Logacz that the Finance Director be authorized to attend the finance officers conference in San Francisco from May 2 to the 6, 1976. The cost of this conference is estimated to be $493.00. Councilman Norberg reported that the practice of getting reports from people who have attended various schools has fal]en behind a bit. Rol1 Call on Motion: All Ayes 1976 MINNESOTA SPRING MANAGERS CONFERENCE Mr. 'Watson reported that this is one conference which was anticipated for 1976. The total cost for two people would be about $195.O0. Motion by Logacz, Seconded by Norberg to authorize the City Manager and Administrative Assistant to attend the Minnesota Spring Managers Conference from May 12 to the 14 at Craguns Resort on Gull Lake for an estimated cost of $195.00. Roll Call: Logacz, Norberg - Aye Heintz, Hentges, Nawrocki Nay. The request is denied. RESOLUTION #76-14 BEING A RESOLUTION ESTABLISHING THE SALARY AND FRINGE BENEFITS SCHEDULE FOR POLICE PATROL OFFICERS FOR 1976 AND 1977 Mayor Nawrocki noted that according to the Charter the City Council is to establish salaries by individual position. In this case, an exception is being made to this matter of establishing by referring to something -129- that does not become a part of the resolution. He also asked if there were any changes in the contract other than the salary schedule. Mr. Watson stated that there is a change in the hospitalization. RESOLUTION #76-14 BEING A RESOLUTION ESTABLISHING THE SALARY AND FRINGE BENEFITS SCHEDULE FOR POLICE PATROL OFFICERS FOR 1976 AND 1977 BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, that WHEREAS, negotiations have proceeded between Local 320 Teamsters repre- senting Police Officers of the City of Columbia Heights and the City Council's labor consultant and management bargaining team, and said negotiations have resulted in the mutually acceptable contract, and WHEREAS, A copy of said contract is available for inspection at the office of the City Clerk and is made a part hereof by reference, NOW THEREFORE, BE IT RESOLVED that the contract as negotiated be and is hereby established as the salary and fringe benefit program for 1976 and 1977 for police officers of the City of Columbia Heights represented by Local 320 upon signing of the contract documents by both union and City representatives. BE IT FURTHER RESOLVED that the reading in full of the actual contract be, and it is hereby, waived. Offered by Hentges Seconded by Norberg Roll Call: All Ayes Resolution #76-14 was adopted. REPLACEMENT OF WATER DEPARTMENT PICKUP Mr. Watson reported that the Water Department is requesting to replace the deteriorated meter pickup with a new 7500 GVW pickup. This truck was also involved in an automobile accident. Councilman Hentges reported on the condition of this pickup. Mr. Watson indicated that he would like to delay any action on this for further information as to how this new pickup would be funded. Discussion held. ORDINANCE #847 BEING AN ORDINANCE ALLOWING THE CONTINUANCE AND PLACEMENT OF CERTAIN NON-CONFORMING SIGNS WITHIN THE CITY OF COLUMBIA HEIGHTS First reading was held on Ordinance #847 BEING AN ORDINANCE ALLOWING THE CONTINUANCE AND PLACEMENT OF CERTAIN NON-CONFORMING SIGNS WITHIN THE CITY OF COLUMBIA HEIGHTS. The second reading of the ordinance is to be held at the regular meeting of April 12, 1976. MUNICIPAL SERVICE CENTER PAINTING Councilman Hentges strongly suggested that it would be worthwhile to investigate painting the outside of the building. This would reduce the the heating or cooling energy loss by about 20% and would also help to maintain positive pressure in the building. He highly advised contracting someone to paint it. Discussion held. -130- Mayor Nawrocki asked about the possibility of having the CETA and Main- stream people paint the building. It was stated that it is possible for them to paint the inside but not the outside. Mayor Nawrocki asked for a recommendation by the City Manager on coating the block work of the Service Center and included in this recommendation will be the cost of this work. AGREEMENT WITH KRAUS-ANDERSON Councilman Hentges requested that the City Council authorize the HRA to enter into an agreement with Kraus-Anderson for a period of 180 days to do a research study on Central Avenue and 40th Avenue. Mayor Nawrocki noted that this recommendation which seems to be a good suggestion comes from the Downtown Development Council and the HRA. Motion by Hentges, Seconded by Logacz to authorize the Housing and Redevelop- ment Authority to enter into an agreement with Kraus-Anderson for a period of 180 days for the purpose of conducting a research study on Central Avenue and 40th Avenue. Councilman Norberg asked what is meant by the "Authority" which is men- tioned throughout the agreement. The attorney stated that it meant the Housing and Redevelopment Authority. Councilman Norberg then asked if this meant that the agreement is between Kraus-Anderson and the HRA. The attorney confirmed this. Councilman Norberg further asked if under this agreement all decisions made are the sole responsibility of HRA. Mayor Nawrocki replied that would depend on what is meant by all of the decisions. When Kraus-Anderson arrives at a project recommendation, this would come before the City Council for their decision. The attorney stated that all this agreement does is require HRA not to talk to anyone about this for 180 days. Councilman Norberg then stated according to the agreement this time can be extended by the Authority and that the Authority is the exclusive agent that Kraus-Anderson will deal with. Mayor Nawrocki stated that this is so in matters dealing with that part of the agreement. Council- man Hentges clarified by saying that any agreements and negotiations with Kraus-Anderson are not simply a matter for the HRA. but will be taken into consideration by the Downtown Development Council and the City Council. Roll Call on Motion: Logacz, Heintz, Hentges, Nawrocki Aye Norberg - Nay BIDS ON ROAD MATERIALS AND EQUIPMENT RENTAL Mr. Watson requested that bids be taken for road materials and equipment rental for the 1976 construction season. Motion by Norberg, Seconded by Heintz to authorize the taking of bids for road aggregate, asphaltic materials, plant mixed bituminous and equipment rental to be opened at 2 p.m., April 8, 1976 and reported to the Council on April 12th. Roll Call: All Ayes CENTRAL AVENUE SOUND LEVEL Councilman Norberg reported on the sound levels of Central Avenue. The gentleman from the Highway Department that he spoke with was quite adamant -131- in that the Highway Department will not entertain any changes from their plan and will not agree to assure that the sound level will not increase. In their design report, the level is expected to increase. However, Councilman Norberg stated that the level can be expected to go down if the right overlays and medians are used of which the Highway Department will not consider using. Mayor Nawrocki agreed with Councilman Norberg and further indicated this to be another example of the attitude of the Highway Department in that the City, whether or not they agree, have to do things the Highway Depart- ment's way. Councilman Norberg asked that the City Council pass a resolution indicating that the sound level will not increase but could possibly decrease. Mayor Nawrocki directed that this resolution be brought up at the next Council Meeting. GARBAGE BEHIND CIRCLE TERRACE Councilman Logacz reported on the unsightly condition of the area behind Circle Terrace by LaBelle Park. He wondered if it is possible to have someone clean that area of all the trash and garbage that has accumulated. Councilman Logacz also asked if the Park Board has enough money to possibly put in a fence along there to keep the garbage from rolling down the hill. Mayor Nawrocki informed him that the Bicentennial Commission is establishing a clean up day where this can be taken care of. Councilman Heintz indicated that he would bring the matter of the fence before the Park Board, but he is not sure if there is enough money in the budget for it. Councilman Logacz suggested using the $20,000 remaining in the LaBelle Phase 3 development. He indicated he would talk to Mr. Otterson on releasing this money. AFFIRMATIVE ACTION PROGRAM Councilman Hentges asked Councilman Norberg about the meeting for April 12th between the City Council and Human Rights Commission regarding the Affirm- ative Action Program. Councilman Norberg stated that a representative from the State Human Rights Commission met with the City's Human Rights Commission to explain what items should be included in our Affirmative Action Program. It was indicated that all cities are going to be required to have an Affirmative Action Program and that it will have to be certified by the State. Lack of certification would have a bearing on things like federal funds, etc. He indicated that he did not know what specific changes were made in the program as he was not at that meeting. Councilman Hentges disagreed and stated the State themselves don~t even have an Affirmative Action Plan nor do they have a policy of what is to be in- cluded in such a program. -132- The attorney clarified that right now the State has nothing that would require us to have an Affirmative Action Program. The State does however hawa their own Affirmative Action Plan for their own employees. The federal government does have a plan, but they are not holding up any rew~nue funds because of people not having an Affirmative Action Plan. Technically funds could be held up because of that, but to his knowledge he knows of no one being denied any funds. Discussion held on meeting with the Human Rights Commission to discuss the revised changes in the plan. It was felt that meeting with them on Aprlil 12th would not allow enough discussion time as the Jefferson Wall hearing is scheduled for that night. Mayor Nawrocki asked the City Manager to arrange a date for this meeting allowing ample time for discussion. Mayor Nawrocki asked Mr. Watson if Mr. Jolly was satisfied with the infor- mation he received regarding his mother's property. Mr. Watson replied that he was. Councilman Norberg reported to the Council that he has been appointed to the committee on the future role of the Suburban Rate Authority in the presence of the Public Safety Commission. Councilman Hentges asked where the Park Superintendent is getting the money to finish the bandstand. Mayor Nawrocki stated that the money was budgeted to complete this project. Councilman Heintz further stated the money for this would be coming out of the sale of the bonds. Mr. Watson clarified that it was transfered from the budget to the sale of the bonds. Mayor Nawrocki asked that the City Manager get additional information on the financing of the bandstand to be passed on to the Council. Brief discussion held on the recreation budget. Councilman Norberg reported that MAPSI caught another cat~ and in the process of trying to take the cat out they almost had to rip the cage apart. Councilman Norberg asked for a clarification from the attorney on the action taken regarding the non-conforming sign ordinance. He asked if the attorney could give legal support that this was not a reapplication on a denied var- iance. Since the attorney was not present at the reading of the ordinance, he was directed to look into this matter and report back to the Council. Councilman Norberg further asked if the finding of fact and finding of hard- ship which was stated in the resolution regarding the Car-X System fit the definition of Section 537 of the Zoning Code. It was stated that the City Manager and City Attorney would look into this matter and report back in writing to Councilman Norberg. Mr. Brown, City Engineer, reported briefly on the water tower controls and on removal of the old standpipe. Mayor Nawrocki asked about the driveway restoration on 39~ Avenue. Mr. Brown stated that it is the intention to do this work this spring. Mayor Nawrocki asked for a formal response on this. Motion by Heintz, Seconded by Logacz to adjourn the meeting at 12 a.m. Roll Call: All Ayes -133- Secretary