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HomeMy WebLinkAboutMar 29, 1977 (2)OFFICIAL PROCEEDINGS RECESSED MEETING OF THE CITY COUNCIL CITY OF COLUMBIA HEIGHTS, MINNESOTA MARCH 29, 1977 The meeting was called to order at 11:47 p.m. Roll Call: Logacz, Heintz, Norberg, Hentges, Nawrocki - present Motion by Heintz, Seconded by Logacz to appoint Vicki Maternowsky Secretary for the remainder of the meeting. Mayor Nawrocki noted that this meeting was a continuation of the regular meeting of March 28, 1977. ORDINANCE 863 REGULATING AND LICENSING THE REMOVAL AND TREATMENT OF TREES AND PROVIDING PENALTY FOR VIOLATION THEREOF The second reading of Ordinance 863 was offered by Norberg, Seconded by Heintz at the regular meeting of March 28, 1977. The discussion of the ordinance was tabled until later in the meeting. Further discussion was held on removing shrubs and vines from the ordinance. Councilman Heintz agreed with the Mayor that the words "shrubs and vines" be excluded from the ordinance.. To this, Councilman Norberg questioned whether there was a clear definition between trees and shrubs so that the City wouldn't be faced with a "copout" situation such as a person stating that he is not spraying a tree but a shrub even though that so called shrub is 20 feet high. The Chair motioned, Seconded by Logacz to strike the words vines and shrubs from Ordinance 863. Councilman Norberg asked if the definition of trees was sufficiently clear. The Attorney stated that it was. Roll Call on Motion: All Ayes As a result of the previous evening's discussion, the City Attorney noted that the way to treat the neighborhood problem might be to indicate as such in Section 1. This would then mean that the ordinance would apply to persons receiving financial enumeration. Councilman Logacz asked why does there need to be mention of chemical treat- ment since at this time the State does not require a certain kind of treat- ment. To this Councilman Norberg stated the City is misconstruing that situation because he believes that there are regulations regarding the appli- cation of chemicals (e.g. pesticide application, etc.). What the City is trying to say is that there are regulations, and insofar as those regulations exist, the City is asking the people to be knowledgeable in those matters. Mayor Nawrocki agreed with Councilman Logacz in that at this time regulations regarding chemical applications for Dutch Elm are still in the preli~ina~y stages. Councilman Norberg stated that in the absence of such regulations, then obviously that portion of the ordinance would become effective only March 29, 1977 when there is such a regulation, and therefore, that section should remain in the ordinance. Motion by Logacz, Seconded by Chair to delete Section E in its entirety from Ordinance ~,63. Roll Call: Logacz~ Heintz~ Nawrocki - Aye Norberg, Hentges Nay Hotion carries. Further discussion on the elimination of chemical application from the ordi- nance. The City Attorney noted that under the ordinance as amended, anyone spraying trees will have to be licensed. The only thing omitted is the applicant's proof that he or his employees are registered as a "commerical pesticide applicator." The City Attorney suggested that regarding the neighbor helping neighbor problem, the words "for financial renumeration" be added after the word "trees" in Section 1, line 2. Motion by Heintz, Seconded by Norberg to add the words "for financial re- numeration" after the word "tree" in Section 1, line 2 of Ordinance 863. Roll Call: All qyes Roll Call on Motion to adopt Ordinance 863: ORDINANCE 862 A11 Ayes Ordinance 863 is adopted. Motion by Chair, Seconded by Heintz for reconsideration of Ordinance 862. Mayor Nawrocki noted this was proper for as long as someone on the prevailing side offers the motion to reconsider, it does not matter who seconds it. Roll Call on Motion: Logacz, Heintz, Hentges, Nawrocki - Aye Norberg - Nay Motion carries. Motion by Chair, Seconded by Heintz that Ordinance 862 be adopted. Motion by Norberg to table Ordinance 862. Motion dies for lack of a second. Roll Call on Motion to adopt Ordinance 862: Nawrocki - Aye LATE REQUEST Logacz, Heintz, Hentges, Norberg Nay Ordinance 862 is adopted. Motion by Hentges, Seconded by Heintz that the City Manager investigate the legality of redesignating Edgemoor Place from a street to an alley. This is to be reported to the Council. Roll Call: All Ayes LIQUOR OPERATIONS Mayor Nawrocki noted that ti~is,~:as for the consideration of the 2ossibility of a new off-sale store which would be located in the Blackey Building. It was noted that Mr. Blackey was not present contrary to what he previously indicated. March 2?, 1977 Mr. Watson spoke on Alternate D which involved the closing of Stores #1 and #2 and replacing it with a single building. Utilizing this alternate, he gave an account of the personnel costs involved over a period of five years and the costs involved for running a full page ad in the newspaper two times. He also gave an account of the anticipated net sale for the store. The anticipated figures are within range of making this a feasible project. There is however no way to guarantee trade; yet, in respect to the other three discount stores, this store is in a goo6 geographic loca- tion. Mr. Watson recommended that the City proceed with obtaining the store. Brief discussion held on the costs for supplying heat and electricity to the Blackey Building. Councilman Hentges noted that in 1976 the net total amount made in the off- sale stores was $843,000. Now, the City Council was being asked to live with the dream of making 2~ million with this one store. He felt there was no way this would happen. Councilman Norberg calculated that if only nine inventory returns were received instead of ten, and prices had to be lowered about one percent to make the ten, the City would just break even. What this meant is that the City has about a one percent margin before they start "losing their shirts." For the small amount of price lowering that could be done, Coun- cilman Norberg felt that very few people would go out of their way just to save a few pennies. Discussion held on ten percent markup with respect to the competition of the other discount stores. Councilman Norberg further stated that with regard to a return on investment, he calculated about a two percent increase. Councilman Heintz asked if a job description has been made for the manager of this store. Mr. Watson stated that one will have to be done, but it will have to be a stronger description than the one previously used. Councilman Heintz suggested that this person be salaried at a start of $30,000 and be a person that is not only knowledgeable of the business itself but also of personnel matters. Discussion held. Councilman Logacz stated that the only way the City will know if this opera- tion will work is to go ahead with it. Mayor Nawrocki commented that the analysis made by the research firm was to him reasonable and their estimate of a 50% penetration from the primary area and a 10% penetration from the secondary area were realistic ~goals. He further agreed that good management is going to be the secret to the whole operation. He did not think it was realistic to say that the City will lose money. Rather, it would be more realistic to say that even though we might not make much money, we should certainly be able to break even. If the Council accepts this situation in that the people expect us to stay in the liquor business, then the City must do the best they can in maintaining a liquor operation. He felt that if is the case, then the proposal presented tonight made sense. He disagreed with Councilman Norberg in that he felt the return on the investment would be greater than two percent. March 293 1977 Councilman Heintz stated he felt the liquor market is there, and there is no reason why the City shouldn't receive the profits. However, the problem will be in having good management. He asked when this store is expected to open. Mr. Watson stated June 1 is the anticipated date. Councilman Hentges questioned the funding of this operation; particularly iF there is a line item in the budget for this. Discussion on the funding. Mr. Watson stated that i.~ is inte~ded to borrow the money from the sinking fund and repay it within a period of five years such as what was done with the water tower. He further stated there is enough money for this. Motion by Logacz, Seconded by Heintz that the Mayor and City Manager be authorized to enter into an agreement with Mr. Blackey for rental of his property for the new liquor retail outlet. Further discussion on budgeting of this operation. Mayor Nawrocki asked if there are any foreseeable legal problems. The City Attorney stated that 4/5 vote will be needed if the City has to reappropriate funds or transfer funds from one department to another. If there is enough money in the liquor budget~ then there would be no problem. Roll Call on Motion: Logacz, Heintz, Nawrocki - Aye Norberg, Hentges - Nay Chair shall rule that the motion carries. The Attorney noted that at this point this motion carries, OLD AND NEW BUSINESS Brief discussion on the lighting at the high school, Huset Park and LaBelle Park. Councilman Norberg asked if the Council has to concur with the Park Board letter of March 21 regarding the additional lighting at LaBelle Park. Mr. Watson stated that it was not necessary. Brief discussion held on the matter of the additional parking spaces needed for the H.B. Fuller Company. Mayor Nawrocki reported that there will be a meeting with the Minnesota Department of Transportation on April 21, 1977 at 7:30 p.m. in the State Office Building regarding their Comprehensive Transportation Plan. Brief discussion on letters received from Joe Goodman regarding sanitary sewer service for 4039 University Avenue and from W.W. Generator. Mayor Nawrocki noted that the matter of HRA using $42,000 for the home improvement loan program has been checked out as approval of this was based on the condition that verification be made as to their needing the money before the State money comes in. Mayor Nawrocki noted that no final action on the personnel policy manual will be taken u~]til the Council has an opportunity to go over it. March 29, 1977 LICENSES Motion by Heintz, Seconded by Hentges to grant the license applications as listed upon payment of the proper fees. Mayor Nawrocki noted that in the list there was a request that the fee be waived for the solicitor's license for the Children's Theater fund drive on the basis of it being a nonprofit organization. He asked Councilman Heintz if this was included in the motion. Councilman Heintz stated it was to be included. Councilman Norberg also noted that there was a request to waiver the require- ment to have each solicitor named. Mayor Nawrocki reread the motion as follows: Motion by Heintz, Seconded by Hentges to grant the license applications as listed upon payment of the proper fees and based on the Police Chief's recommendation the list of individual solicitors' nanles for the Children's Theater be waived. Councilman Norberg suggested that this license be granted for one week since the fund drive is for one day and since there is no fee. Motion by Norberg, Seconded by Hentges that the motion to approve licenses be amended to specify that the solicitor's license for the Children's Theater be granted for one week~ Roll Call: Norberg, Hentges Aye Logacz, Heintz, Nawrocki - Nay Motion fails. Roll Call on Motion to Approve Licenses: All Ayes OLD AND NEW BUSINESS Motion by Heintz, Seconded by Logacz to accept the resignation of Vernon Johnson from the Planning and Zoning Commission as he is moving out of the community. Roll Call: All Ayes Mayor Nawrocki asked that the City Manager prepare the appropriate certificate of appreciation. Councilman Norberg asked that the article he has regarding a vertical escape system for high rise buildings be turned over to the Fire Chief for possible use at Parkview Villa. The City Attorney reported that the proof of the newsletter will be completed tomorrow and should be out by the 15th of April. Therefore, the dates on the City Code hearing should be established now so that they can be printed in the newsletter. Brief discussion. The City Attorney suggested that this be divided into four different categories thereby allowing residents to attend whichever meeting is of interest to them. He suggested it be divided as follows: Legislative Process and Administrative Code; Commercial Licensing and Municipal Services; Building Construction and Land Use; and Traffic, Public Health, Safety and Misdemeanors. The mutually agreed dates for the four meetings are 7 p.m., May 4; 7 p.m., May 11; 7 p.m., May 18; and 7 p.m. May 19. March 29, 1977 Mr. Watson asked if it would be possible for the Council to meet with Doug Peterson of the City Attorney's office next Wednesday, April 6 instead of Tuesday regarding the paid firemen~s bill. This meeting was then set for 9 p.m., Wednesday, April 6. Brief discussion on sending blanket notices for the 1977 sidewalk repair hearing. These notices to be sent to those not included in last year's work. Motion by Heintz, Seconded by Logacz to adjourn at 1:45 a.m. Bru'L~ G, Nawrocki, Iqayor Secretary