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HomeMy WebLinkAboutMay 25, 1976OFFICIAL PROCEEDINGS CONTINUATION OF REGULAR MEETING OF MAY 24, 1976 MAY 25, 1976 -229- The meeting was called to order at 7:39 p.m. Roll Call: Logacz, Norberg, Hentges, Nawrocki--present Heintz--absent Motion by Norberg, Seconded by Hentges to name Judy LaPointe secretary pro-rem for the meeting. Roll Call: All Ayes SECOND READING--ORDINANCE #853 This ordinance is for the Codification of our City Ordinances as prepared by the City Attorney. Discussion was held on varying opinions regarding first readings of ordinances. Councilman Hentges stated that he thought if the wording was changed on an ordinance it would have to have a new first reading. City Attorney Kalina stated that in his opinion a minor change would not justify holding another first reading. He said the only ti~e the first reading would have to be held over again is when the basic idea or concept of the ordinance is changed. Mayor Nawrocki requested that one more session between the City Council and the City Attorney be set up before a Public Hearing is scheduled. Two informal meetings were set: June 21 for Recodification of Ordinances and June 22 for Affirmative Action. Both meetings are scheduled for 7:30 p.m. RESOLUTION #76-27 ESTABLISHING POLLING PLACES Mr. Watson stated that Mr. Schedler has worked out an arrangement to use the community room in the Highrise for the polling place for Precinct Four which was formerly combined with Precinct Six in Silver Lake School. By having this location for the polling place it will be helpful to our senior citizens, as well as relieving Silver Lake School, of the problems encountered with two precincts in one gymnasium. General discussion was held regarding the merits of changing the polling places. BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, that the following locations are designated as Polling Places for the City of Columbia Heights: Precinct One - Field House Precinct Two - Field House -230- May 25, 1976 Precinct Three - Precinct Four - Precinct Five - Precinct Six - Precinct Seven - Precinct Eight - Precinct Nine - Precinct Ten - Columbia Junior High School Parkview Villa Highland Elementary School Silver Lake School Highland Elementary School Columbia Junior High School Ne]son School Nelson School Precinct Eleven - Ostrander Park Bui]ding Resolution #76-27 was Offered by Hentges, Seconded by Logacz. Roll Call: Logacz, Hentges, Nawrocki--aye Norberg--nay Resolution #76-27 was adopted. RESOLUTION #76-28 RELATING TO PARKING RESTRICTIONS ON MSAS 13-107-06 (JEFFERSON) FROM 40TH AVENUE N.E. TO 45TH AVENUE N.E. IN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA This Resolution was amended to read as follows: THIS RESOLUTION, passed this 25th day of May, 1976, by the City Council of the City of Columbia Heights, in Anoka County, Minnesota. The Municipal corporation shall hereinafter be called the '~City'~; WITNESSETH: WHEREAS, the "City" has planned the improvement of MSAS 13-107-06 (Jefferson Street) From 40th Avenue N.E. to QSth Avenue N.E. WHEREAS, the "City", will be expending Municipal State Aid Funds on the improvement of said Street, and WHEREAS, said improvement does not conform to the approved minimum standards as previously adopted For such Municipal State Aid Streets and that approval of the proposed construction as a Municipal State Aid Street project must therefor be conditioned upon certain parking restrictions, and WHEREAS, the extent of these restrictions that would be a necessary prerequisite to the approval of this construction as a Municipal State Aid project in the ~City~, has been determined. NOW, TfiEREFORE, IT IS HEREBY RESOLVED: That the City shall restrict the parking of motor vehicles on said Jefferson Street from 4Oth Avenue N.E. to QSth Avenue N.E. to the East side of the street at all times, commencing upon completion of the improvement, if required by the Minnesota Highway Department. Said parking restrictions shall continue thereafter and shall not be changed except by Resolution of the City Council and approved by the State Aid Section of the Minnesota Highway Department. May 25, 1976 -231- Resolution #76-28 was Offered by Norberg, Seconded by Logacz. Roll Call: All Ayes Resolution #76-28 was adopted. LICENSES There had been a question regarding the license application of K & R Construction of 4518 Washington Street N.E. Mr. Watson reported that Arden Hovland, Services Director, checked into the situation and found that K & R Construction owned and operated two small trucks, but in checking with the neighbors it was found that this would be no problem. It was also noted that K & R Construction agreed to keep the area clean. Motion by Logacz, Seconded by Hentges that all licenses be granted upon payment of proper fees. Roll Call: All Ayes Mayor Nawrocki pointed out that giving a license does not necessarily give approval to use of the residence to carry out the business. RECESS CALLED AT 9:08 P.M. MEETING RECONVENED AT 9:28 P.M. RESOLUTION #76-29 REQUESTING THE METROPOLITAN COUNCIL TO APPLY FOR INNOVATIVE AREA-WIDE REHABILITATION PROGRAM FUNDS FOR IMPLEMENTATION WITHIN THE CITY OF COLUMBIA HEIGHTS BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights, WHEREAS, the City of Columbia Heights finds that rehabilitation and maintenance of the existing housing stock is essential to the continued vitality and quality of neighborhoods; and WHEREAS, the City of Columbia Heights desires to stimulate and assist owners in rehabilitating and preserving housing in the City through neighborhood improvements, and by providing funds for rehabilitation loans and grants, and counseling services for owners, and WHEREAS, federal funds under Title I of the Housing and Community Development Act of 1974 are available for such assistance; and WHEREAS, the Minnesota Housing Finance Agency also has funds to be used for rehabilitation grants, and will accept applications from housing and redevelopment authorities desiring to administer these funds; and -232- May 25, 1976 WHEREAS, the Metropolitan Council; which has been duly organized pursuant to Minnesota Statutes 473.06, Subd. 3 and Minnesota Laws 1975; Chapter 13, Section 6, Subd. 3; Section 21, Subd. 1; and Section 24, and has alt of the powers and duties of a housing and redevelopment authority pursuant to Laws 1975, Chapter 13, Section 24 under the provisions of the Municipal Housing and Redevelopment Act, Minnesota Statutes Section 462.411 to 462.711, and acts amendatory thereof, intends to apply for these federal and state rehabilitation program funds. NOW THEREFORE, be it resolved by the City of Columbia Heights, That the Metropolitan Council is hereby requested to include the City of Columbia Heights in an application for grant funds under Title I of the Housing and Community Development Act of 1974 and an application for state Home Improvement Grant Program funds. That upon approval of such applications, the City and the Metropolitan Council will enter into an agreement for operating the program within the City. Resolution #76-29 Offered by Hentges, Seconded by Logacz. Roll Call: All Ayes Councilman Norberg asked Ronald Kalina, City Attorney, if all of the Statutes referred to in the resolution properly belonged in the resolution. Mr. Kalina answered that they were proper. RESOLUTION #76-30 SETTING SALARIES FOR MEMBERS OF THE FIRE DEPARTMENT FOR 1976 AND 1977 BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights, WHEREAS, negotiations have proceeded for several months between the International Association of Firefighters Local 1216 representing members of the Fire Department, the City Council's Labor Consultant and the City Manager, and said negotiations have resulted in a mutually acceptable contract, for calendar years 1976 and 1977 NOW THEREFORE, BE IT RESOLVED that the contract agreements as negotiated, be and are hereby established as the salary and fringe benefit program for 1976 and 1977 for members of the Columbia Heights fire Department, BE IT FURTHER RESOLVED, that the City Manager be, and he is hereby authorized, to proceed with the instituting of the changes in accordance with the contract agreements, upon signing by the Fire Department representatives and the City representatives. May 25, 1976 -233- Resolution #76-30 was Offered by Logacz, Seconded by Hentges. Councilman Hentges noted that he Seconded the Resolution so the Resolution could remain on the table for discussion. Considerable discussion on the proposed contract followed. Roll Call on Resolution: All Ayes AMENDMENT TO RESOLUTION: Offered by Norberg, Seconded by Logacz, to include the income schedule page of the Firefighters Contract in the Resolution and the reading be waived. Roll Call: All Ayes Resolution #76-30 was adopted. MEETING RECESSED AT 10:42 P.M. MEETING RECONVENED AT 11:O7 P.M. RESOLUTION #76-31 ESTABLISHING THE CITY MANAGER'S SALARY FOR 1976 BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights, that the 1976 salary for the City Manager, Malcolm O. Watson, shall be established at $24,532.00 BE IT FURTHER RESOLVED that an automobile expense allowance for the use of his own automobile be set at $100 per month. Resolution #76-31 was Offered by Hentges, Seconded by Logacz. Motion by Norberg to table vote on Resolution #76-31 until all members of the Council were present. Motion dies for lack of a Second. Roll Call on Resolution: Logacz, Hentges, Nawrocki--aye Norberg--abstain Councilman Norberg noted that he abstained because Councilman Heintz was not present to vote on this Resolution. Resolution #76-31 was adopted. MELSA AGREEMENT Councilman Norberg presented the following agreement: An Agreement of Protections and Understandings Between Metropolitan Library Service Association (MELSA), Anoka County Public Library (ACPL), and the Columbia Heights Public Library (CHPL), an agency of the City of Columbia Heights. -234- May 25, 1976 In consideration for the signing of the MELSA agreements by the City of Columbia Heights, MELSA and ACPL accept the following terms, conditions, and understandings as part of these documents: 1. The CHPL shall continue as a separate, independent entity. 2. MELSA and ACPL agree not to discriminate against CHPL in their setting of policies, approval of grants, permitting of access to services, or allocation of resources by virtue of CHPL's independent status, size, location, or exercise of powers as an independent agency, nor will they cause or permit any of their members or signatories to agreements to do so. 3. MELSA and ACPL agree not to prescribe, circumscribe, or otherwise limit the kind, number, duration, hours of operation, scope, or content of the programs offered by CHPL to its patrons or of its books, printed matter, films, other instructional media, facilities, or equipment by any policy or directive. 4. The CHPL collection of books, other printed matter, films, and other instructional media and materials shall be part of the MELSA cooperative lending agreement, but the CHPL buildings, land, other physical assets, and personnel shall not, and the items included under the lending agreement shall be subject for good reason to reserved status for use only at the CHPL facilities. 5. CHPL, as an agency of the City of Columbia Heights or its successors, shall retain autonomy in its financial and adminis- trative affairs, its setting of service levels, personnel and compensation policies, financial policies and determinations, administrative rules and policies, shall be those of the City of Columbia Heights. 6. MELSA and ACPL agree not to seek change of this agreement by legislative process. Councilman Norberg stated that this agreement would be a Bill of Rights for the Columbia Heights Public Library, which is under MELSA. Mayor Nawrocki stated that the City should adopt the points enumerated as a policy of the Council to be used in negotiating any new agreements with Anoka County Libraries or MELSA. City Attorney Kalina stated that if this agreement is adopted, any later agreements with MELSA would nullify this agreement. Motion by Hentges, Seconded by Norberg to adopt the points in this agreement regarding participation with the Anoka County Library and MELSA as policy of the City Council for use in negotiating new agreements with Anoka County Library and MELSA. Roll Call: All Ayes May 25, 1976 -235- F. N. SHAFFER REAL ESTATE APPRAISAL As part of the Urbanization plan on Central Avenue, the City must acquire certain properties for the project. Appraisals were done on two properties south of 53rd Avenue by F. N. Shaffer Real Estate. Mr. Watson reported to the Council regarding the process of authorizing acquisition based on the appraisal. Councilman Norberg stated that he thought the purchase of this property should be held up until it is definitely known if it will be needed for the urbanization project. He noted that it would be foolish to acquire land that will not be needed. Motion by Norberg, Seconded by Hentges to authorize proceeding with the acquisition of the property in accordance with the appraisals upon final approval of the Central Avenue Urbanization Plans. Roll Call: All Ayes FIRE DEPARTMENT REQUEST TO SEND FIVE FIRE DEPARTMENT MEMBERS TO THE MINNESOTA STATE FIREMEN'S ASSOCIATION CONFERENCE JUNE 21, 22 AND 23, 1976 IN MORRIS, MINNESOTA Motion by Logacz, Mayor Nawrocki stepped down from the Chair and Seconded the Motion, to send five Fire Department members to the Minnesota State Firemen's Association Conference June 21, 22 and 23, 1976 in Morris, Minnesota. Motion by Norberg, Seconded by Hentges to amend the original Motion to allow four department members to attend the conference (one regular and three volunteer members). Roll Call on amended Motion: Norberg, Hentges--aye Logacz, Nawrocki--nay Motion fails. Councilman Hentges was concerned that there would not be enough Fire Department members available in Columbia Heights in case of an emergency during the conference. Motion by Hentges, Seconded by Norberg to table consideration of this request until the next regular meeting. Roll Call: Norberg, Hentges--aye Logacz, Nawrocki--nay Motion fails. Mr. Watson pointed out that aurhorizing five Fire Department members to go to the conference did not necessarily mean that five regular members would go. He also noted that arrangements will be made to have someone capable to handle emergencies available while the firemen are at the conference. He noted that such arrangements have been made in the past and the Fire Department would not be operating under a handicap. Roll Call on original Motion to send five Fire Department members to the Minnesota State Firemen's Association Conference June 21, 22 and 23, 1976 in Morris, Minnesota. Logacz, Nawrocki--aye Norberg, Hentges--nay Motion fails. Mayor Nawrocki noted that this matter would be taken up again at a later time. -236- May 25, 1976 APPOINTMENT TO THE HUMAN RIGHTS COMMISSION Motion by Norberg, Seconded by Hentges to appoint June Baker to the Human Rights Commission. Mayor Nawrocki noted that he had not received notice of the interview with the two candidates for possible appointment to the Human Rights Commission and he objected to this as a matter of procedure. He staled that everyone should have received notice of these interviews. Roll Call on Motion to appoint June Baker: All Ayes Mayor Nawrocki inquired as to whether June Baker would be serving a full term or someone else's unexpired term. Mr. Watson answered that it would be a full term. Motion by Logacz to appoint Lee Parr to a full term on the Human Rights Commission. Motion dies for lack of a second. Councilman Hentges noted that he had not interviewed Mr. Parr and he could not appoint someone he had not met. Councilman Logacz assured him that Mr. Parr was qualified to serve on the Human Rights Commission and stated that he thought he should be appointed. Councilman Norber9 stated that he agreed with Councilman Hentges, stating that neither Mayor Nawrocki or Councilman Hentges had interviewed Mr. Parr and should not be expected to vote to appoint them. Councilman Hentges requested to amend Councilman Logacz's Motion to appoint Lee Parr to the Human Rights Commission so it could be tabled until the next regular meeting. Mayor Nawrocki pointed out that there no longer was a Motion because it died for lack of a Second. REQUEST TO ADVERTISE FOR BIDS FOR RESIDENTIAL AND STATE AID CONSTRUCTION There was much discussion concerning what was to be included in the construction. Motion by Norberg, Seconded by Hentges to authorize the City Manager to call for bids for Residential and State Aid Construction and report back to the Council at the meeting of June 28. Roll Ca]]: All Ayes AFFIRMATIVE ACTION DISCUSSION Councilman Norberg noted that a meeting had already been set up concerning this topic and there was no need to discuss it at this time. May 25, 1976 -237- LATE REQUESTS City Manager Watson requested an expenditure of $2,156 on behalf of the Columbia Heights Bicentennial Commission for purchase of a flag pole base and time capsule chamber to be placed in the Mini Park on 41st and Central Avenue. He noted that these items would be purchased from Minneapolis Granite and Marble Company. He noted that this price would include the engraving on the granite plaque and associated work, including the placement of bricks from old Columbia School and installation of the flag pole base. Motion by Hentges, Seconded by Norberg to allow the expenditure of $2,156 for a flag pole base and time capsule chamber on behalf of the Bicentennial Commission. Roll Call: All Ayes CHANGE ORDER ON NORTHDALE CONSTRUCTION CONTRACT City Manager Watson stated that, through an error, the construction to be done on 43rd Avenue was left out of the contract documents with Northdale Construction. He noted that the additional cost would be $6,610 to have the work done. Councilman Norberg questioned this error, asking how Northdale Construction could have bid on the specifications and yet the bid did not include everything that was in the specifications. It was noted that it had been an error in the specifications and plans. Councilman Norberg stated that he did not think the Council would be allowed to amend this contract with a simple Motion. He noted that he thought this section of the construction would have to go out for bids separately since it was not included the first time. Attorney Kalina stated that a contract for public improvement can be amended for up to 25% of its total amount. Mr. Watson noted that the amount of the change would only equal approximatley 11% of the total contract amount which is $62,317. Motion by Logacz, Seconded by Hentges to authorize the City Manager to amend the Northdale Construction Contract in the amount of $6,610 to include the construction on 43rd Avenue. Roll Call: All Ayes STREET LIGHTING PETITION It was noted that a petition had been received from the residents on 50½ Avenue between Jackson and Monroe Streets asking for some lighting on their street. The petition had been signed by 74.3% of the residents on this block. -238- May 25, 1976 Motion by Norberg, Seconded by Hentges to place this petition on file. Roll Call: All Ayes Motion by Norberg to defer consideration of this item until the next regular meeting of the City Council. Motion dies for lack of a Second. Mot'ion by Hentges, Seconded by Logacz to authorize standard street lights installed in conjunction with the City Street Lighting Program. Councilman Norberg noted that he wished to amend this Motion to include the area on 49th Avenue across from Central Junior High School. Councilman Hentges asked if notification of this action would have to be sent to the neighbors of that area who would be affected by this light shining in their window. He asked if a Hearing would have to be called. Councilman Hentges Seconded Councilman Norberg's amendment for purposes of discussion. Councilman Hentges noted that two Motions could not be on the table at the same time and Councilman Norberg and Mayor Nawrocki pointed out that Councilman Norberg's Motion was an amendment to the original Motion. Councilman Hentges then stated that he didn't feel that Councilman Norberg's Motion was an appropriate amendment to the original Motion because the people in that area have shown no desire to obtain street lighting. Councilman Hentges again noted that he had Seconded Councilman Norberg's amendment for purposes of discussion only. He also noted that Councilman Norberg had brought up the subject of lighting this area before. Councilman Norberg asked what would happen if he made a Motion to table consideration of the amdnement and Councilman Hentges stated that he would Second it. Councilman Norberg asked if the original Motion would also be put on the table if the Motion to table the amendment was passed. Councilman Norberg noted that he wasn't making a Motion to table consideration of the amendment, but was merely asking what would happen if he made that Motion. Councilman Hentges stated that he thought Councilman Norberg was making a Motion and also noted that he had Seconded it. May 25, 1976 -239- Mayor Nawrocki asked Councilman Norberg if he was withdrawing his Motion to amend the original Motion. Councilman Hentges asked if he had the right to withdraw his Second. Councilman Norberg noted that he would not withdraw his Motion to amend. Mayor Nawrocki stated that, as the Chair, he assumed there was a Motion before the Council to table consideration of the Motion to amend the original Motion. Councilman Norberg noted that there was no Motion to table, that the Chair had misunderstood his intentions. Councilman Hentges also noted that he understood Councilman Norberg to be making a Motion to table. Councilman Logacz suggested that the Council vote on the Motion to table. Councilman Hentges withdrew his Second from the Motion to table and the Motion died for lack of a Second. Councilman Hentges suggested that he would also withdraw his Second on the amended Motion. Mayor Nawrocki suggested that the Council vote on this amended Motion. Roll Call on Amended Motion to include the area on 49th Avenue across from Central Junior High School: Norberg--aye Logacz, Hentges, Nawrocki--nay Motion Fails. Roll Call on Original Motion to authorize standard street lights installed in conjunction with the City Street Lighting Program: Logacz, Hentges, Nawrocki--aye Norberg--nay CITY MANAGER REPORTS Discussion was held on the possible sale of City owned property. Mr. Watson asked the Council if they would like him to proceed with the arrangements for Lots 4, 5, 6, 7 and 8, Block 1, Apache Heights to be offered for sale, with the letting of bids and so forth. He also inquired as to the appraisal figures. Mr. Watson noted that some interest in purchasing these lots has been shown. Councilman Hentges noted that he would like some more information regarding the square footage of these lots. Motion by Hentges, Seconded by Logacz to table the discussion on this item until the next regular meeting of the City Council. Roll Call: Logacz, Hentges, Nawrocki--aye Norberg--nay -2QO- May 25, 1976 DISCUSSION ON PROPOSED POLICE BUILDING Discussion was held concerning the proposed Police Building. Councilman Hentges suggested seeing another layout of the building on one lot. Mayor NawFocki requested that Architect Diedrich look into the possibility of using one lot as opposed to two lots. Discussion was held on when the Sidewalk Hearing should be held. Motion by Norberg, Seconded by Hentges to authorize the City Manager to advertise for the Hearing for sidewalk replacement on Tuesday, June 29, 1976 at 7:30 p.m. Roll Call: All Ayes Councilman Hentges noted there was a faulty amber light at the intersection of 49th and Central Avenue. Motion by Norberg, Seconded by Hentges to refer the matter of the amber light at 49th and Central Avenue to the Traffic Commission. Roll Cai]: All Ayes Mayor Nawrocki was absent during this vote. CITY ATTORNEY REPORTS City Attorney Kal ina reported that he met with a representative of the Po] ice Association for Retired Officers and some progress towards a settlement was being made. Mayor Nawrocki reported that he had received a letter regarding a Noise Pollution Workshop. Councilman Norberg suggested that two Po]ice Officers attend this workshop. Mayor Nawrocki stated that only one member need attend. Mayor Nawrocki requested that Mr. Watson see that the appropriate personnel attend this workshop on Monday and Tuesday, June ]4 and ]5, ]976. Mayor NawFocki noted that Dean Otterson requested that the Council meet with the Housing and Redevelopment Authority. The meeting was set for May 27 at 7:30 p.m. Motion by Hentges, Seconded by Logacz to send five Fire Department Members to the Minnesota State Firemen's Association Conference June 21, 22 and 23, 1976 in Horris, Minnesota. Roll Call: Logacz, Hentges, Nawrocki--aye Norberg--nay Motion by Logacz, Seconded by Hentges Roll Call: All Ayes to adjourn t~aelm~l~ting at~ 2:10 A.M. Bruce G. Nawrocki, Mayor Se c'~-e t a r,,fy Pro- tern