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HomeMy WebLinkAboutApr 11, 1977OFFICIAL PROCEEDINGS REGULAR MEETING OF THE CITY COUNCIL CITY OF COLUMBIA HEIGHTS, MINNESOTA APRIL 11, 1977 The Meeting was called to order at 8:03 p.m. Roll Call: Logacz, Heintz, Norberg, Hentges, Nawrocki--present Motion by Norberg, Seconded by Hentges to name Karen DeBruin secretary for the meeting. Roll Call: All Ayes INVOCATION Invocation was given by Councilman Norberg. Mayor Nawrocki noted that V.F.W. Post 230 donated an American flag to the City for use in the Mini Park at 41st ~nd Central Avenues. MINUTES OF PREVIOUS MEETING Mayor Nawrocki noted that the minutes for consideration were those from March 28. One correction had been received prior to the meeting. Motion by Norberg, Seconded by Heintz to approve the minutes as presented in writing, with one correction 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 accounts. Roll Call: All Ayes BIDS ON MOBILE TRAFFIC RADAR UNIT FOR THE POLICE DEPARTMENT Mayor Nawrocki noted that this item had been tabled at the last meeting in order to obtain more information. City Manager Watson explained that Police Chief Anderson had been expecting to receive letters from the two bidding companies with explanations regard- ing certain questions that had been raised during the last meeting. These letters had not been received and it was requested that this be brought up again at the next regular meeting. Motion by Norberg, Seconded by Hentges that consideration of bids on a mobile traffic radar unit be tabled until the next regular meeting. Roll Call: All Ayes BIDS ON SUN SHELTER FOR SILVER LAKE BEACH Mr. Watson explained that informal quotations were taken on an eighteen by twenty foot sun shelter for Silver Lake Beach. The Park Board members were polled and they were recommending to the City Council that the low bid of $1,210 from Miracle-Jamison Recreation Equipment be accepted. April 11, 1977 Motion by Heintz, Seconded by Norber9 that the Mayor and City Manager be authorized to enter into an agreement with Miracle-Jamison Recreation Equipment in an amount of $1,210 for a sun shelter based on low, informal quotation and on the recommendation of the Park Board. Roll Call: All Ayes BIDS ON ROAD CONSTRUCTION MATERIALS There was a short discussion on the bid tabulation as presented to the Council. Recommendation for award was made to the following bidders: l. Aggregate Materials: Bidder Item Method Dunkley BA-2 Picked Up Buesing BA-2 Delivered Price Per Ton $1.25 $2.29 Barton Class 5 Picked Up Buesing Class 5 Delivered $1.25 $2.19 Anderson Granular Borrow Picked Up Buesing Granular Borrow Delivered $0.59 $1.53 J. L. Shiely Class 2 Picked Up J. L. Shiely Class 2 Delivered $2.60 $3.58 Bart:on FA-2 Picked Up Buesin9 FA-2 Delivered $2.75 $3.75 Bryan Dresser FA-4 Picked Up Bryan Dresser FA-4 Delivered $4.25 $7.25 Anderson Sanding Sand Picked Up Anderson Sanding Sand Delivered $0.68 $~.59 Bryan Aggregate Bryan Aggregate Coarse Aggregate Coarse Aggregate Picked Up $1.58 Delivered $3.98 comments: Northwestern Aggregates was low bidder for BA-2 picked up at $I.10; however, Dunkley Surfacing is sixteen miles closer than Northwestern. Northwestern Aggregates was low bidder for Class 5 picked up at $1.10; however, Barton Contracting is twenty miles closer than Northwestern. Dunkley Surfacing bid the same (S1.25); however, Barton is four miles closer than Dunkley. Bryan Aggregates was low bidder for Class 2 picked up at $1.50; however, J. L. Shiely is forty-one miles closer than Bryan. All other recommendations are for award to the low bidder. April ll, 1977 2. Asphaltic Materials: Bidder Item Method Koch SC 70-250-800 Picked Up .33¢ Koch SC 70-250-800 Delivered .3420¢ Price Per Gallon Koch MC 30-70-250-800 Picked Up .33¢ Koch MC 30-70-250-800 Delivered .3420¢ Koch RC 70-250-800 Picked Up .33¢ Koch RC 70-250-800 Delivered .3420¢ L. N. Sickels CRS-1, CRS-2, SSKH Picked Up .34¢ L. N. Sickels CRS-I, CRS-2, SSKH Delivered .3509¢ 3. Plant Mixed Bituminous: Bidder Item Method Price Per Ton Dunkley Standard Mix Picked Up $ 9.90 Dunkley Standard Mix Delivered $10.60 Dunkley Fine Mix Picked Up $10.25 Dunkley Fine Mix Delivered $10.95 Dunkley Fine Mix and Mineral Filler Picked Up $11.25 Dunkley Fine Mix and Mineral Filler Delivered $11.95 Motion by Logacz, Seconded by Hentges that the bids on road construction materials be awarded to the companies as listed above as per the recommendation of the Street Department. Roll Call: All Ayes BIDS ON REMOTE CONTROL OPENERS FOR THE FIRE DEPART~ENT Mr. Watson noted that informal quotations had been taken on remote control door openers for the fire station garage doors in an attempt to follow up on energy conservation discussions and to make the fire station more energy efficient. Mr. Watson explained that this item had not been anticipated in the Fire Department budget and he was requesting that the expenditure be made from Revenue Sharing funds. Motion by Heintz, Seconded by Logacz to authorize the City Manager to expend up to $430 for remote control door openers for the Fire Department based on the low informal quotation of Cecil Hilderbrandt, and that the expenditure be made out of the Revenue Sharing fund. Roll Call: All Ayes April 11, 1977 FIRE PENSION RESOLUTION RESOLUTION 77-20 WHEREAS, it is necessary and expedient to clarify proceedings of admin- stration of the retirement fund of the Columbia Heights Fire Department Relief Association Paid Division; and WHEREAS, in response to such need, a bill for an act relating to the City of Columbia Heights Fire Department Relief Association; an establishment of paid division and volunteer division of the association and the administration of such division; benefits and contributions; membership of certain fire personnel of the public employees' police and fire fu~,u, repealing Laws ]975, Chapter 424, Section 3; repealing Laws 1965, Section ~: amending Laws lq75, Chapter 424 Section 9, has been prepared; and WHEREAS, all members of the Columbia Heights Fire Department affected by such bill are in support of the terms and provisions therein, NOW THEREFORE, BE IT RESOLVED that the Columbia Heights City Council is in favor of and approves the terms and provisions of said bill; BE IT FURTHER RESOLVED that copies of the said bill will be given to Minne- sota State Legislators representing the various areas of Columbia Heights in the House and Senate and that the said Senators and Representatives be requested to introduce and support the bill in the Legislature. Offered by: Heintz Seconded by: Norberg Mayor Nawrocki noted that the Council had gone over the draft of the bill with Attorney Doug Peterson. Roll Call on Resolution: All Ayes Resolution 77-20 is adopted. Mayor Nawrocki asked about the status of the Volunteer Fire Department bill and the Police Pension bill. Mr. Watson noted that he had a meeting set up with Senator Eugene Stokowski to make some clarifications. Mayor Nawrocki asked if either bill had been introduced and Mr. Watson replied that they had not been. The Hayor noted that he was concerned, as a lot of time and effort had gone into the preparation of these bills and the point was soon approaching in the Legislative session when it would be too late to introduce new bills. Mr. Watson and Attorney Kalina explained the delays, stating that questions had been raised on these bills, primarily due to their extreme length. The Mayor noted that there was no good reason these bills should not be considered in the present legislative session, as the City Council has handled all of it's responsibilities on a timely basis. April ll, 1977 RESOLUTION STRIKING AN ASSESSMENT INCORRECTLY CHARGED RESOLUTION 77-21 WHEREAS, the property known and described as Plat 33365, Parcel 3178, 4140 Washington Street Northeast, Kerwin D. and Barbara A. Ellis, was assessed $79.20 for local improvement No. 620, and WHEREAS, sidewalk was not replaced, therefore was not benefitted by said improvement No. 620. BE IT THEREFORE RESOLVED by the City Council of the City of Columbia Heights that the City Clerk be and he is hereby authorized and directed to strike from local improvement No. 620 the sidewalk repair charged against 4140 Washington Street Northeast in the amount of $79.20 plus $6.34 interest. Offered by: Logacz Seconded by: Norberg Roll Call: All Ayes Resolution 77-21 was adopted. RESOLUTION ON 911 EMERGENCY TELEPHONE SYSTEM This item was deferred until later in the meeting. TRAFFIC COMMISSION RECOMMENDATION REGARDING VEHICLE WEIGHT LIMIT FOR RESIDENTIAL STREETS Mr. Watson explained that a discussion had taken place at the Traffic Commission meeting out of which the following recommendation came: "Motion by Hentges, Seconded by Nelson to recommend to the City Council that an ordinance be written concerning the empty weight limit for vehicles traveling the residential streets of Columbia Heights to read 'No Trucks Over lO,O00 empty weight.' Roll Call: All Ayes" The purpose of the proposal was to revise the City Traffic Ordinance so that existing signs could be enforced. The intent of the existing signing was to restrict trucks of a certain size, by reference to empty weight, from using residential streets and reads "No Trucks over 7~000 empty weight." This sign conforms with the manual on Uniform Traffic Control Devices. City Engineer Brown explained the background and the discussion at the Traffic Commission meeting, stating that presently the ordinance governing vehicle weights does not contain the same restrictions as stated on the signs which are posted in various places in the City. Mayor Nawrocki asked if the proposal would cause any damage to the streets, stating that perhaps this would be too much weight to be travelling across residential-type streets. It was explained that this proposal was not intended as a protection for streets, but as a way to keep certain kinds of trucks off residential streets. April 11, 1977 It was noted that a restriction of empty weight, as opposed to axle weight or grcss weight, would make enforcement easier; the truck would not have to be weighed to determine if it was in violation of the ordinance. There was much discussion onthe Traffic Commission recommendation. Motion by Hentges, Seconded by Norberg to table this item until the next regular meeting. Roll Call: All Ayes PLANNING AND ZONING COMMISSION RECOMMENDATIONS: 1. DUANE ARNOLD, 4828 4TH STREET NORTHEAST REQUEST FOR A HOME OCCUPATION PERMIT AND VARIANCE It was explained that t~r. Arnold wishes to construct electrical harnesses (used in snowmobiles) in his garage. The Zoning Code stipulates that the principle structure must be the base of the operation in a home occupation, therefore Mr. Arnold was requesting a home occupation permit with a variance to allow him to use his garage. Councilman Norberg asked if the ordinance permitted a use such as this. Attorney Kalina noted that it did not, and this is why Mr. Arnold needed the variance. Councilman Norberg asked if this was a permissible variance. Motion by Heintz, Seconded by Logacz to grant the Home Occupation Permit and Variance to Duane Arnold of 4828 4th Street Northeast upon the recommendation of the Planning and Zoning Commission. Hayor ilawrocki pointed out to Mr. Arnold that the proposed operation was not the sort of thing normally allowed in a residential area, and if it became a problem the Council would consider cancelling the permit. Councilman Hentges asked if the neighbors had any objections to Hr. Arnold's request. Mr. Arnold replied that he had obtained the signatures of his neighbors, showing their approval. Councilman Norberg asked again if this was a permissible variance. Attorney Kalina replied that it was permissible if it could be related to any of the stipulations in the variance section of the Zoning Code. Mayor Nawrocki asked the Attorney if the motion which had been made was proper. Mr. Kalina replied that it was. Roll Call on Motion: Logacz, Heintz, Hentges, Nawrocki--aye Norberg--nay Motion carries. 2. JOHN FRY, 3960 JACKSON STREET SPECIAL PURPOSE FENCE Mr. Watson explained that the Planning and Zoning Commission voted unanimously to recommend to the City Council that this request be granted. Motion by Hentges, Seconded by Heintz that the request for a special purpose fence be granted for John Fry of 3960 Jackson Street. Roll Call: All Ayes April ll, 1977 3. DONALD EK, 3958 HAYES STREET FRONT YARD VARIANCE Mr. Watson noted that this was a request for a front yard set back variance of 1.75 feet to construct a six foot dining room addition to the house at 3958 Hayes Street. The Planning Commission had unanimously approved the request. Motion by Heintz, Seconded by Norberg that the variance be granted for Donald Ek of 3958 Hayes Street as recommended by the Planning and Zoning Commission. Roll Call: All Ayes 4. DYRALD LENNOX, 1025 44TH AVENUE LOT SUBDIVISION This item was deferred until such time as Mr. Lennox returned to the meeting. 5. BEATRICE GEROUX, 1611 37Ttt AVEi~UE CONDITIONAL USE PERMIT Mr. Watson noted that this request for a conditional use permit to operate a day care home at 1611 37th Avenue was unanimously approved by the Planning Commission. Motion by Logacz, Seconded by Heintz to grant the conditional use permit to Beatrice Geroux of 1611 37th Avenue on the recommendation of the Planning and Zoning Commission. Roll Call: All Ayes 6. TYCOON BAR, 4952 CENTRAL AVENUE CONDITIONAL USE PERMIT Mr. Wilbur Harris was at the meeting to present his request for a conditional use permit to expand the Tycoon Bar. The Planning Commission had approved the request with the following stipulations: 1. a fence be constructed along the parking area at a four foot height; 2. bring the building up to State Building Code requirements; and 3. grant a 38 stall variance for the needed parking spaces. It was noted that the required parking without a variance would be sixty- one spaces; Mr. Harris was planning a total of twenty-three. He would be adding a maximum of sixteen spaces. It was noted that this parking proposal would provide considerately more parking than presently exists near the bar. Councilman Heintz asked if a variance this large could be granted. Attorney Kalina noted that there was no limit on how large a variance could be given. Councilman Heintz asked how the Council could be consistent in granting variances. He noted that he recalled a time when the Council denied someone a four parking stall variance for' an apartment building. Mr. Kalina noted that it is difficult to be consistent and that each case must be looked at individually. He also noted that the Planning Commission felt the requirements April 11, 1977 for the type of use proposed in this case were a little high; and that twenty-three spaces would be a workable number. Mr. Kalina then explained that two separate actions must be taken on this request if the Council wished to grant it. First, action should be taken on the variance; then the conditional use permit. Motion by Logacz to grant a thirty-eight parking stall variance to the Tycoon Bar, 4952 Central Avenue. Motion dies for lack of a second. Motion by Heintz, Seconded by Hentges to table this request until the next regular or special meeting for purposes of additional information. Roll Call: All Ayes Dr. and Mrs. Carl Anderson who own the dentist's building next to the Tycoon Bar were present at the meeting and brought up again, as they had at the Planning and Zoning Commission meeting, their feeling that an alley should be constructed behind the businesses in this area to alleviate some of the conjection and other problems which occur. Mrs. Anderson stated that she felt the business generated in the area demands an alley. Mayor Nawrocki noted that the proper procedure in a case such as this would be for the property owners in the area to bring in a petition and a public hearing could be held regarding the possibility of constructing an alley. There was some general discussion on the businesses in the area. Mayor Nawrocki mentioned the screening that was supposed to have gone in near the car wash, and also the poor condition of the fence that screens the residential area from the businesses. He also asked about the condition of the Color Tile property'. Councilman Norberg stated that he felt the traffic problems in this general area were a part of the Central Avenue problem and he stated that perhaps the Traffic Commission should be directed to investigate this possibility. Motion by Norberg, Seconded by Hentges to request the Traffic Commission to examine the implications of an alley from 49th to 50th Avenue, west of Central behind the businesses on that block. Roll Call: All Ayes Dyrald Lennox of 1025 44th Avenue, who was requesting a lot subdivision, had re-joined the meeting and his request was taken up at this time. Mr. Lennox was asked if there were any special assessments owed on the property to be subdivided. Mr. Lennox replied in the affirmative. It was noted that the assessments would be split between the subdivided parcels. Motion by Heintz, Seconded by Norberg to grant the lot subdivision to Dyrald Lennox of 1025 44th Avenue with a five foot variance as recommended by the Planning Commission. Roll Call: All Ayes April 11, 1977 Mr. Watson noted in his agenda letter to the Council that Mr. LaCount of 1129 42½ Avenue appeared before the Planning and Zoning Commission to request an alternating board privacy fence. This was granted. At the same time, Mr. LaCount also called attention to a drainage problem that has occurred with the settlement of his yard over a storm drain line the City installed. It was reported that the City would, when the weather allowed, re-grade the area over the line to match the rest of the property. CONCURRENCE IN SELECTION OF AN ASSISTANT PARK SUPERINTENDENT AND SETTING SALARY FOR SAME Mr. Watson reported that, based on a careful screening and interview process, the Park Board was recommending the appointment of Mr. Thomas Rejzer to the position of Assistant Park Superintendent at an annual salary of $9,500. Motion by Hentges, Seconded by Heintz to appoint Mr. Thomas Rejzer to the position of Assistant Park Superintendent and that his annual salary be set at $9,500 on the recommendation of the Park Board. Roll Call: All Ayes REQUEST FOR ALLEY LIGHT BETWEEN TYLER AND POLK STREETS FROM 45TH AVENUE TO 46TH AVENUE Mr. Watson noted that a petition for an alley light had been received from property owners in the above mentioned area. Motion by Norberg, Seconded by Heintz to place the petition on file. Roll Call: All Ayes Motion by Norberg, Seconded by Heintz that the City Manager be authorized to call a hearing to consider the installation of a light in the alley between Tyler and Polk Streets from 45th Avenue to 46th Avenue, said hearing to be held at the regular Council Meeting of May 9. Roll Call: All Ayes Recess: 9:34 p.m. Reconvene: 9:57 p.m. LICENSES Mr. Huff of Tasty Pizza was present representing the Hilltop Chamber of Commerce in their request for a beer and concession license. It was noted that the Park Board was requiring that the Chamber provide the appropriate liability insurance certificates before the license could be granted. Also discussed was the license for the Chief Theater. Mr. Alan Engler, the new co-owner of the theater was applying for this license. Previously, the license had been held by Mr. Gerral Herringer. There was some discussion on the procedure to be followed in a case such as this. Mr. Watson noted that, as he recalled, when the new owners took over the operation of the Heights Theater, a new license was required. He did not believe the previous owner's license had been transferred, nor the fee pro-rated. April 11, 1977 Motion by Heintz, Seconded by Logacz to grant the licenses upon payment of proper fees; the license for the Hilltop Chamber of Commerce bein9 conditioned on the receipt of the proper insurance certificates. Roll Call: A11 Ayes Mr. Watson was asked to check the license on Heights Theater to determine whether or not the new license had been pro-rated. PROCLAMATIONS: 1. NAMING FRIDAY, APRIL 15 ~'TAX PAYER APPRECIATION DAY~ WHEREAS, the tax payer is the unsung hero who makes our country and community prosper, and WHEREAS, the services we take for granted are the end result of their sacrifice, and WHEREAS, April 15 is normally considered a traumatic day for the tax paying citizens;, and WHEREAS,. on April 15, the Columbia Heights Jaycees will sponsor a Tax Payer Appreciation Party in the Field House of Columbia Heights. NOW, THEREFORE, I, Bruce G. Nawrocki, Mayor of the City of Columbia Heights, do hereby proclaim April ]5, 1977 as "Columbia Heights Tax Payers Appreciation Day" and urge ali interested citizens to participate in this Jaycees sponsored Tax Payers Party. 2. DECLARING THE WEEK OF APRIL 16-24 AS ~ISPRING CLEAN UP WEEK" IN THE CITY OF COLUHBIA HEIGHTS, NINNESOTA WHEREAS, in conformance with the general sense of pride that we all feel in our City and our Country, it is altogether proper that we set aside a week in which we concentrate on improving the general appearance of our Community, and WHEREAS, each of us as individuals should take the time to clean up our own yards, basements, and garages in this spring season, and WHEREAS, vats will be located at Huset, McKenna, Ostrander, and Mathaire Parks for the convenience of the citizens of Columbia Heights in disposin9 of unnecessary items from their property. NOW THEREFORE, I, Bruce G. Nawrocki, Mayor of the City of Columbia Heights, do hereby proclaim the week of April 1~-24 as "Spring Clean Up WeekI~ in the City of Columbia Heights, Minnesota and urge all citizens that they set aside this week to concentrate on cleaning their yards and buildings. April ll, 1977 3. NURSING HOME WEEK WHEREAS, May 8 - 14, 1977, has been designated Nursing Home Week, and WHEREAS, the theme for Nursing Home Week of the Minnesota Hospital Association's Conference on Geriatric Care nonprofit homes is "Festival of Years" and WHEREAS, The City of Columbia Heights recognizes its nursing home residents and celebrates with them the fullness of their years, and WHEREAS, we especially commend the many dedicated people who provide the skilled and compassionate care for our elderly citizens. NOW THEREFORE, I, Bruce G. Nawrocki, Mayor of the City of Columbia Heights do hereby proclaim the week of May 8 - 14, 1977 as Nursing Home Week and urge the citizens of this community to honor and celebrate this special event. 4. BUDDY POPPIES WHEREAS, the annual sale of Buddy Poppies by the Veterans of Foreign Wars of the United States has been officially recognized and endorsed by governmental leaders since 1922; and WHEREAS, VFW Buddy Poppies are assembled by disabled veterans, and the proceeds of this worthy fund-raising campaign are used exclusively for the benefit of disabled and needy veterans, and the widows and orphans of deceased veterans, and WHEREAS, the basic purpose of the annual sale of Buddy Poppies by the Veterans of Foreign Wars is eloquently reflected in the desire to "Honor the Dead by Helping the Living." NOW THEREFORE, I, Bruce G. Nawrocki, Mayor of the City of Columbia Heights do hereby urge the citizens of this community to recognize the merits of this cause by contributing generously to its support through the purchase of a Buddy Poppy on the day set aside for the distribution of these symbols of appreciation for the sacrifices of our honored dead. I urge all patriotic citizens to wear a Buddy Poppy as mute evidence of our gratitude to the men of this country who have risked their lives in defense of the freedoms which we continue to enjoy as American citizens. RESOLUTION SUPPORTING 911 EMERGENCY NUMBER CONCEPT IN THE LEGISLATURE RESOLUTION 77-22 WHEREAS, the 911 emergency telephone system has been under study in the State of Minnesota for several years, and WHEREAS, the planning of a 911 emergency telephone system for the seven county metropolitan area has recently been accomplished, and WHEREAS, the Metropolitan Inter-County Ad Hoc Committee on 911 Financing April 11, 1977 has prepared a proposal for the financing of the 911 telephone system on a state wide basis, and WHEREAS, Legislation mandating the adoption of the 911 system on a state wide basis has been introduced into the last two sessions of the Minnesota State Legis]ature, and WHEREAS, Bills have been introduced to both the House and Senate in the 1977 session which would mandate the adoption of the 911 system on a state wide basis, and WHEREAS, it is anticipated that capital costs for the equipment necessary to implement the gl1 system will be financed with Federal and/or State grants. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the recommendation made by the Metropolitan Inter-County Ad Hoc Committee on 911 Financing which encourages the Minnesota State Legislature to look to the telephone company gross earnings tax as the source of revenue for the recurring costs of a basic 911 system be endorsed and supported by the City Council. BE IT FURTHER RESOLVED That copies of this resolution be forwarded to the legislative representatives of Anoka County in the Minnesota State Legislature, to the 911 coordinator of the Metropolitan Council, and to the authors and committee members now considering current 911 legislation in the Minnesota State Legislature. Offered by: Heintz Seconded by: Logacz There was lengthy discussion on the proposals for funding the 911 system, both implementation costs and on-going expenses. There was some discussion on the mechanics of the gl1 system. Councilman Hentges noted that the proposed 911 bill was a statewide bill; he said he did not fee] he could recommend the passage of a bill that affected this large an area with as little information as had been presented, Councilman Norberg stated that he would like to hear arguments, on a rational basis, that showed the justification for instituting the 911 system. Mayor Nawrocki replied by asking what a life is worth. The Mayor explained that he did not understand everything that was being talked about or proposed concerning the 911 system, but he stated that he very strongly supports the concept. He went on to say that no one can deny the fact that the costs would be reflected back to Minnesota citizens. He also said there were features and advantages to this kind of system; one of these obviously being the easy to remember number for emergency calls. Mayor Nawrocki stated that he would like to see the Council favorably consider the resolution. April ll, 1977 The following section was inserted into the resolution at the suggestion of the Mayor: BE IT FURTHER RESOLVED that details of implementation of the 911 system for respective counties be subject to review by local affected jurisdictions within each respective county. Roll Call on Resolution: Logacz, Heintz, Nawrocki--aye Norberg, Hentges--nay Resolution 77-22 is adopted. CONSIDERATION OF JOINT POWERS AND AGENCY AGREEMENT WITH THE METROPOLITAN WASTE CONTROL COMMISSION Attorney Kalina stated that the Council should at this time consider entering into a Joint Powers and Agency Agreement with the Metropolitan Waste Control Commission in conjunction with Ordinance 861 which estab- lished an industrial user strength charge. This ordinance was passed on February 28 and had recently gone into effect. Mr. Kalina stated that the agreement had been slightly revised from it's original state to make it more acceptable. He further explained that the purpose of the agreement is to enable the MWCC to deal directly with the users that have waste in excess of the Commission's formula. He noted that there was currently one such user in Columbia Heights. Councilman Norberg asked several questions on the terms of the contract and these were answered by Attorney Kalina. Mr. Kalina concluded the discussion by stating that he recommended entering the agreement. Motion by Norberg, Seconded by Heintz that the Mayor and City Manager be authorized to enter into the Joint Powers and Agency Agreement with the Metropolitan Waste Control Commission. Roll Call: All Ayes Councilman Norberg asked if any progress had been made toward having K Mart conform with the guidelines that had been set at the time the building permit was issued; this is primarily concerning landscaping and screening. Mr. Watson reported that this had not been done. Councilman Norberg noted that he would like to see this taken care of. Councilman Hentges noted that the homeowner at 4201 Quincy Street had contacted him regarding two trees he said had dutch elm. The homeowner felt these trees were on City property and should be taken care of by the City. Mr. Watson was asked to check whether the trees do have dutch elm and whether they are on City property or belong to the owner of 4201 Quincy Street. April 11, 1977 DISCUSSION REGARDING LIQUOR OPERATIONS Councilman Hentges began discussion regarding a letter from the City Attorney on the funding of the proposed liquor store warehouse. Councilman Hentges asked Attorney Kalina if he was saying that a transfer of funds to start operations could be made on a 3/5 vote (a 3/5 vote had occurred when City Manager Watson was authorized to enter into a lease agreement for the buil- ding at 3927 Central Avenue, the site for the warehouse operation). Attorney Kalina replied that this was not true and that the point made in his letter was that a 3/5 vote was sufficient to purchase inventory for the liquor operation if no transfer is required because of existing surpluses. Councilman Hentges stated that he would like the Charter Commission to review the Attorney's opinion to see if it met the provisions of the City Charter. Mayor Nawrocki asked Councilman Hentges what basis the Attorney's opinion was being questioned on. Councilman Hentges replied that he feels it takes a 4/5 vote to transfer funds. Councilman Hentges outlined what he felt were the three possible alternatives: 1. The Charter Commission be requested to review the matter 2. The Attorney General be requested to review the matter 3. legal action brought against the City by Hentges. Mayor Nawrocki stated that he did not feel Councilman Hentges had given any reason for him to disbelieve the Attorneyls opinion. He stated that neither he nor Councilman Hentges was a lawyer and they should believe the opinion of the lawyer working for the City. He also noted that the Charter was not the sole fountain of knowledge of the City. Motion by Hentges, Seconded by Norberg to request the Charter Commission to render an opinion regarding the propriety of the proposed expenditure on the liquor operations. Mayor Nawrocki noted that he would not support the motion because he did not feel that Councilman Hentges had given him any reason to doubt Mr. Kalina's opinion. There was some discussion on the beginning of liquor operations in Columbia Heights and also general discussion on the Attorneyls letter. Mayor Nawrocki asked Attorney Kalina if he stood by his opinion, and Mr. Kalina stated that he did. Mayor Nawrocki explained that in some respects, the Charter is a document that stands without very much meaning, other than psychological effect, because many of its provisions had been superceded by state law. Roll Call on Motion: Norberg, Hentges--aye Logacz, Heintz, Nawrocki--nay Motion fails. April Il, 1977 Mayor Nawrocki asked for information relative to the telephone contract. Mr. Watson noted that a meeting had been set up with the telephone company to discuss the disagreement on charged incurred when the new system was installed. Mayor Nawrocki stated that he had asked Mr. Crawford of the Minnesota Department of Transportation for information on the possibility of State and Federal participation for the installation of sidewalk along Central Avenue as a part of the Urbanization project. Mr. Crawford indicated to the Mayor that federal funds would participate to the extent of 75 percent, the remaining 25 percent would be funded by the State in conjunction with the municipality. Mr. Watson noted that he had received a call from Mr. Weichselbaum, also of the Minnesota Department of Transportation, stating that no federal funds would be available for this sidewalk installation, but the State would contribute up to 25 percent. Mayor Nawrocki stated that he felt pedestrian safety was as important as vehicle safety and he would try to get these differing opinions on funding cleared up. Mayor Nawrocki noted that he had received a list of recommendations from the Traffic Commisssion in response to the Department of Transportation's request for local input on the draft of the State Transportation Plan. He noted that this should be brought up at the next meeting for discussion after the Council has had time to review what has been presented to this point. Mr. Watson asked the Council for any comments on the information that had been submitted to them regarding a call for bids for the institution of a restaurant facility in the old #1 off sale store. Councilman Norberg felt that the definition of full service restaurant may not be adequate, but perhaps the bidders would understand it. Mr. Watson noted that he was proposing a bid opening for 2:00 p.m. Friday, April 22 with a report to the Council on Monday, April 25. Motion by Norberg, Seconded by Logacz to authorize a call for bids on a restaurant facility for 4025 Central Avenue, with bids to be opened on Friday, April 22 at 2:00 p.m. Roll Call: All Ayes Mr. Watson also noted that he would like to call for bids on the refurbishing and modifications at 3927 Central Avenue. Motion by Logacz, Seconded by Heintz to authorize a call for bids for the refurbishing and modifications for the building at 3927 Central Avenue, with bids to be opened at 2:00 p.m. Thursday, May 5 with a report to the following regular Council meeting. Roll Call: Logacz, Heintz, Nawrocki--aye Norberg, Hentges--nay Motion carries. April 11, 1977 There was some discussion on the possibility of installing a sanitary sewer for the area of 40th and University Avenue. Mr. Watson diagrammed the location and present situation on the blackboard. It was noted that the Engineering staff was prepared to set up plans on this if the Council wished to hold a public hearing. Motion by Heintz, Seconded by Norberg that a public hearing be called for May 23 at 8:00 p.m. for the purpose of considering the installation of a sanitary sewer in the area of 40th Avenue, University and Third Street. Roll Call: All Ayes Councilman Heintz noted that the stockade fence on the south side of the Zayre's property was in poor condition and this should be checked on to be sure the fence is repaired. Councilman Norberg brought up the subject of the bills for electronic equipment maintenance. He requested that "we somehow get a handle on what these costs are and how we could reduce them." Mayor Nawrocki reported that in a recent meeting with Administrative Assistant Tim Yantos, County Commissioner A1 Kordiak, and Assistant Manpower Coordinator Liz Parker, the subject of a new employment program was discussed. This program makes people available for short term Ispecial projects' assignments for periods of time not to exceed one year. He asked the staff to come up with a list of possible utilizations for persons under this program. Mr. Watson reported that the Insurance Committee had been trying to get the City bus covered under the City insurance policy, but found that this could not be done. After researching this, they found that the bus could be covered by a policy from a specialty insurance company. The low bidder on a policy of this nature was from the John Crowter Agency for $804 per year, with the stipulation that no driver be under 24 years of age. There was some discussion on the cost involved and the frequency of use of the bus. The subject of drivers was also discussed. Motion by Heintz, Seconded by Hentges that the City bus be covered under a policy from John Crowter Agency in an amount of $804 per year. Councilman Norberg noted that he felt he needed more information on drivers. Motion by Norberg to table this item for further information. Motion dies for lack of a second. There was some discussion on how the insurance cost would be funded. Several suggestions were made, but it was decided that the General Fund contingency account would be the most appropriate. April Il, 1977 The motion was re-worded: that the City bus be covered under a policy from John Crowter Agency in an amount of $804 per year; this cost to come from the General Fund Unallocated Contingency Account~. Roll Call: All Ayes It was noted that the street construction bids should be taken soon. Motion by Norberg, Seconded by Hentges to authorize the City Manager to call for bids on street construction, with bids to be opened at 2:00 p.m. May 19 with a report to the Council on May 23. Roll Call: All Ayes City Engineer Brown noted that he would like direction from the Council regarding the alignment of Edgemoor Street. Mr. Brown showed the Council the proposals. Motion by Norberg, Seconded by Logacz that the symmetrical plan for the alignment of Edgemoor Street be adopted. Roll Call: All Ayes Motion by Heintz, Seconded by Logacz to adjourn at l:12 a.m. Roll Call: All Ayes ~, Mayo~~r~ Se~cretary