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HomeMy WebLinkAboutAug 23, 1977OFFICIAL PROCEEDINGS RECESSED MEETING OF THE CITY COUNCIL CITY OF COLUMBIA HEIGHTS, MINNESOTA AUGUST 23, 1977 The meeting was called to order at 7:15 p.m. Roll Call: Logacz, Heintz, Norberg, Hentges, Nawrocki--present. Motion by Heintz, seconded by Norberg, to name Carol Lattery Secretary for the meeting. Roll Call: Ail Ayes. ORDINANCES AND RESOLUTIONS FIRST READING OF ORDINANCE 868 AMENDING ORDINANCE NO. 853, CHAPTER 9, ARTICLE IV, SECTION 16.4(20), CITY CODE OF 1977, RELATING TO PARKING REQUIREMENTS. The first reading of Ordinance 868 by City Manager Malcolm Watson was held. Councilman Heintz questioned the part of the ordinance which stated that the City Council may by affirmative vote grant a contractual parking permit reducing the off-street parking requirement, etc., asking if this means a simple majority vote. Mayor Nawrocki indicated it did. Councilman Heintz stated he would like to see this changed to a 4/5 vote by the City Council. City Manager Watson reminded him that when the Council puts on a 4/5 require- ment, it can by 3/5 vote amend the 4/5 requirement. Motion by Logacz, seconded by Heintz, that the proposed Ordinance 868 be referred to the Planning and Zoning Commission for their recommendation. City Attorney Kalina reported that Councilman Hentges requested that the Council be allowed to vary parking by 50% for restaurants, cafes, bars, taverns and night clubs. The subject came up on the Tycoon Bar discussion. Mr. Kalina explained that the Council had indicated at one point that they would have more of an interest in giving a variance on this sort of thing if that variance wouldn't apply to the possibility of liquor being sold there and various other things, and Councilman Hentges had asked that something like this be written whereby the variance would go with the property as well as the persons and be confined to the specific use of the property. Mr. Kalina added that this is a very cumbersome procedure and the only way it could be enforceable against subsequent owners of property is to do it in the form of a covenant that would be filed with the property and put on record so that subsequent purchasers would have notice of the agreement between the owner of the property and the City of Columbia Heights. August 23, 1977 Councilman Hentges stated he felt it is foolish for a city as small as Columbia Heights to have a lawyer, for example, who has an office so big and he is required so many parking places but everyone of his clients comes by appointment giving the lawyer a parking lot 10 times bigger than what he needs; the same with chiropractors, dentists or anyone whose clients come in by appointments. He stated they do not really need the required parking places that McDonald's or Burger King may need and involve a different classification. Councilman Hentges stated he wanted this ordinance to apply not just to restaurants, cafes, bars, taverns and night clubs, but to everyone. Councilman Norberg stated the word we need here is variance. He stated he felt what Councilman Hentges is asking for is to create a new general basis for granting a variance in parking for anything based on the current use rather than on the zoning. City Attorney Kalina stated that the code already works that way because the code lists specific uses and then requires parking for those uses regardless of what zone that use happens to fall into. Councilman Norberg questioned the 25-year expiration asking if that means that the term has to always be 25 years or if it can be revoked for cause by the Council while the use is existing. City Attorney Kalina replied that in 25 years the covenant would lapse automatically, but the Council is free to revoke it for cause at any time. Roll Call: Ail Ayes. ORDINANCE RELATING TO OVERTIME PARKING #869~ 870~ 871 Mayor Nawrocki asked for a brief explanation of the differences of the 3 versions of the ordinance amending Ordinance No. 853, City Code of 1977, relating to overtime parking. City Attorney Kalina explained that Ordinance #869 provides that between November 1st and April 15th when there is an accumulation of 4 inches or more of snow, sleet, hail or ice within 10 feet of the wheels of a vehicle at any location, it is illegally parked between midnight and noon. Ordinance #870 puts a two-hour limit on parking between November 1st and April 15th and Ordinance #871 states no parking from midnight to 6:00 a.m. November 1st to April 15th. A short discussion followed. City Attorney Kalina stated that whatever the Council adopts here be it one of these ordinances or nothing, it would go in a section that is headed "Reserved Snow Birds". Councilman Norberg noted there is not any restrictions on parking for the rest of the year outside of that section from November 1st to April 15th. City Attorney Kalina stated that there are restrictions in another section of the code of 6 hours August 23, 1977 Motion by Hentges, seconded by Norberg, that the City Manager give the first reading of Ordinance #871 that would eliminate all parking on the streets from 12:01 a.m. until 6:00 a.m. Motion by Logacz, seconded by Norberg, that Ordinance #871 be given its first reading and then referred to the Traffic Commission for their recommen- dation, as amendment to above motion. Roll Call: Logacz, Heintz, Norberg, Hentges--Aye. Nawrocki--Nay. FIRST READING OF ORDINANCE #871 AMENDING ORDINANCE #853, CITY CODE OF 1977, RELATING TO OVERTIME PARKING. The first reading of Ordinance #871 by City Manager Watson was held. A short discussion followed. ORDINANCE PERTAINING TO UNLAWFUL DISPLAY TO MINORS OF INDECENT PUBLICATIONS, PICTURES OR ARTICLES #872 & #873 Motion by Norberg, seconded by Heintz, to dispense with the first reading of the ordinance. Roll Call: Logacz, Heintz, Norberg, Hentges--Aye Nawrocki--Nay Being it is in the code that it has to be by unanimous vote not to read an ordinance, the first reading of Ordinance #872 was held. City Attorney Kalina stated much of the language in the ordinance was borrowed from the St. Paul Ordinance which they recently passed dealing with this topic. Mayor Nawrocki asked how much of the ordinance is going to stand up in court and how much isn't. City Attorney Kalina replied he felt both ordinances have a good chance of standing up in court because they are limited to minors, which is substantially different than the one for adults which gives you all the free speech problems. Mayor asked what the difference is between Ordinance #872 and #873 and why there are separate ordinances. City Attorney Kalina answered that Ordinance #872 deals with displays or what is on covers of magazines, etc. exhibited on newsstands and Ordinance #873 talks about what you can sell to minors. City Attorney Kalina also noted that the ordinances are two separate topics, but could be combined although there is nothing that is repeated in both ordinances. He explained he felt that you cannot legislate in this field and always be 100% sure; for example, if the city would try to legislate on the sale of pronography to adults, there is no way it could be done that is going to stand up over any period of time. However, Attorney Kalina felt there is some chance with minors and that this ordinance is probably as good as any he has seen as the latest decisions have been incorporated into this ordinance. August 23, 1977 Motion by Norberg, seconded by Heintz, to dispense with the reading of Ordinance #873, there being adequate copies available to the public. Roll Call: All Ayes. CHEERY HEIGHTS Mayor Nawrocki reported that Mr. Herringer had made an inquiry as to what happens next, wondering whether or not he might be able to proceed in the matters such as utilities and street openings, if it could be done yet this year and the Council's feelings on State Aid, although there hasn't been any action to designate Fillmore Street as State Aid. Mayor Nawrocki noted that Mr. Herringer did not show up at the Council Meeting and he felt it meant the Council should let it wait until this spring. Mayor Nawrocki noted that the utilities for sewer and water and storm sewer are a matter of State Aid designation for that street and asked what the feeling of the Council would be on costs dificiencies . He also asked if there is anybody else in the watershed district besides the Cheery Heights property and the school. City Manager Watson answered that there was no one else in the watershed district besides the Cheery Heights property and the school. Mayor Nawrocki stated that it is still the general intention of the Council, subject to hearings, that the street be put on the State Aid system. City Manager Watson noted that we can add 2½ to 3 more miles to the system. Mayor Nawrocki stated that if we don't have the mileage on the system, then we don't draw the monies either for construction or maintenance for the full mileage. City Manager Watson noted we are scratching for locations where we can reasonably establish State Aid and this is one of the most reasonable areas to justify a State Aid street. Councilman Hentges stated if Fillmore Street was made State Aid from 45th to 49th Avenue he would like our added street to be 32' curb-to-curb plus no parking on either side and also that a 25 mile-an-hour speed limit to any road abutting the school property be posted. Mayor Nawrocki stated it is past policy that new curb and gutters have always been assessed to adjoining properties. Replacement curb and gutters, such as on Jefferson Street, are covered as far as the project is involved itself. Councilman Hentges felt that the school should pay for half of the curb and gutter because there is a benefit to be gained by the school, but the School Board does not accept this and the Council has to prove to them that they will benefit. Councilman Norberg stated it should be strictly the decision of the Council on who pays for the curb and gutter. August 23, 1977 COUNCIL SECRETARY SELECTION - ELEANOR PEIPHO Mayor Nawrocki noted Eleanor Peipho attended the Council Meeting the night before and the Council was given the various resumes and information on her. Mayor Nawrocki asked whether the Council had any comments one way or the other on her filling the position and if the Council agrees, the recommendation is to suggest a salary of $775/month for a 6-month probation period after which time the Council would consider an appropriate salary range. Councilman Norberg noted Eleanor Peipho was the only applicant he had seen or had seen a resume on, and questioned who did the selection and how many applicants there were. Mayor Nawrocki explained essentially the staff did the selecting. Administrative Assistant Tim Yantos stated there were approximately ten applicants. Mayor Nawrocki explained when the Council authorized the position, the staff went through the usual process in selecting someone, and he sat in on the interview. The Mayor went on to explain the Council is the only one who can designate the Council Secretary and that this person will be responsible primarily to the City Council and the Mayor and will do follow-up work on the Agenda and type any letters, etc. the Council wishes. Councilman Norberg recommended the person be assigned to the City Manager directly. Mayor Nawrocki made the recommendation at this point that this person be named as Council Secretary, that the salary be established at $775/month as a starting salary for a probationary period of 6 months and at that 6- month point in time, a review of the person's performance and also establish- ment of a salary range be made. Motion by Hentges, seconded by Heintz, that Eleanor Peipho be named Council Secretary at a starting salary of $775/month subject to review and establishment of a salary range after 6 months. Councilman Hentges stated her hours will be different and will be pretty hard to be under City Manager. He stated he felt it has been long overdue as it is almost impossible for a secretary to do City Manager's work and Council Secretary work at the same time. Councilman Logacz questioned how it is going to work out in a sense of direction if it might happen she won't have very much to do at times, and she helps out within the city when there is an overload in other areas. Mayor Nawrocki explained the biggest share of the time will be spent on Council Meetings, which will be the first responsibility and the work of the Council. When the work is completed for the Council, the direction will come from the City Manager for other work. Roll Call: Logacz, Heintz, Hentges, Nawrocki--Aye Norberg--Nay August 23, 1977 Councilman Norberg stated he disapproved of the work arrangements. COPY MACHINE City Manager Watson reported the Council received some material the night before on comparisons of the different types of machines that are available and the recommendation, after looking at all the information regarding the various types of copy machines and the quality of copies that we can get. City Manager Watson stated he did not have the figures on exactly how many calls there were, but it was averaging about two a week, anywhere from two hours to six hours on down time on the existing Xerox and Xerox informed him that if the City keeps this Xerox, the company will have to put it out of service for a few days to completely go through it. City Manager Watson stated that after going over various machines (Finance Director Schedler and City Accountant Kolb having both seen the newer Kodak F Copier Duplicator), based on the prices quoted, it would seem that the Kodak would be the best unit for us to have. City Manager Watson went on to explain the Council has copies of the type of reproduction from the Kodak as compared with the Xerox copying the same material. Of those that are in use generally in our region, the copy machines looked at are the ones that seem to be the most useful and more people use them seemingly indicating that these are the most reliable units on the market for our purpose. City Manager Watson recommended that the Council discontinue the Xerox 2400 contract which, by cancellation by August 31, means the machine would be removed by the end of September and the Kodak 100 F unit would be installed at no cost to us on the installation as of September 27th. He stated he believed it would save us a lot of time and money and it does a very good job and forms could be printed on it. Finance Director John Schedler informed the Council that all rental fees include maintenance fees. He explained the average was about 17,000 copies/month on the Xerox and it has gone up a little as the last four months it has been about 18,000 copies. With the Kodak you get 28,500 copies and the rental fees include the paper, toner and developer. A discussion followed on the amount and kind of paperwork to be copied and ways of reducing the workload and costs. City Manager Watson stated we have no track record on the Kodak, but the track record for down time on the Xerox is a problem and he felt everyone of us who have had to operate on it periodically and then had to call the company to come and fix it would appreciate a different machine. Councilman Norberg stated he felt the Kodak will cost 15% to 20% more per copy because of minimum that didn't go below 20,000. City Manager Watson questioned whether the costs are really that much more in view of the fact people have had to work late in order to get their paperwork out. Mayor Nawrocki questioned page 2 of the memo of August 22, 1977 under list of machines showing costs which represent the rental, the service, the paper, the chemicals, the toner, the collator asking why there is no labor listed, and whether the costs were based on our present machine or the replacement. August 23, 1977 Finance Director John Schedler answered there is labor listed on the 2400 only under the productivity loss figuring the speed of the 2400 machine as compared to the yield of the 4500 or the IBM at 135 based on the present machine. He reported the Xerox 4500 is not a new machine, the IBM 3 is brand new last fall and the Kodak machine came out in June of 1975 and the machine Kodak will bring in here will be brand new. Finance Director Schedler went on to report that the Xerox has a base of about 13,500 and after that, the City pays per copy just for renting the machine. With the Kodak, we are going to stay at right about the $820 and $825 because the minimum there is 28,000. The base price on the Kodak 100 with the collator, just for the machine itself, is $799.20/month and it is that figure if you run 20,000 copies and it is that if you run 28,000 copies. That figure doesn't change on the two-year plan. The difference between the $800 and $825 is the supplies for that number of copies, whereas the Xerox 2400 are based at 13,000 and builds up as more copies are run above 13,000. Mayor Nawrocki asked if the Kodak machine was comparable to , less than or equal to these other machines in terms of what it will do. Finance Director stated he thought it outstrips the other machines in its ability to do anything. He stated it will do things the Xerox 4500 will not do; for example, you can lay 50 originals in there, push a button and go away and it takes care of it whereas the Xerox you have to lift up the level and put it down, push a button, etc. There is where your time is really lost. The Kodak doesn't have any collating bins as it collates by running the master through in a collating sequence so that they come out in your sets and you can grab the sets off as they are complete or you can separate sets. Control Data has six of these machines. Councilman Norberg questioned whether the extra features are needed, how much it will cost and if we can justify it. He stated he thought the quality of copies is better but questioned if we are looking at something that is adequate or something that is adequate and nice. He stated he finds it of marginal value. Finance Director John Schedler explained the Kodak saves time and gives good quality, and if it doesn't function, just call them and they will take care of it and they promised a two-hour turnaround time. After much discussion, it was determined that nothing would be saved by buying a machine. Motion by Heintz, seconded by Logacz, that the City Manager be authorized to enter into a leasing agreement w~.th Kodak for the Kodak 100 F Copy Machine for two years. Roll Call: Logacz, Heintz, Hentges, Nawrocki--Aye Norberg--Nay. August 23, 1977 CITY MANAGER MALCOLM WATSON SEVERANCE PAY Mayor Nawrocki, under City Council direction, worked with City Manager Watson on his severance pay. He reported that City Manag~ Watson has 420 days of accumulated sick leave for which, by Council approval, he will get 1/3 pay in severance pay and he has vacation time accrued which will carry him through to November 4th. Mayor Nawrocki proposed to the Council that they set Mr. Watson's termination date at November 4. During that period of time. City Manager Watson will be drawing a salary based on his vacation pay and will continue to get the benefits of hospitalization insurance, etc. Also Mayor Nawrocki reported that City Manager Watson said he would be available to the Interim City Manager for advise and to answer questions, etc. and that he would also make himself available to help the new City Manager. Mayor Nawrocki went on to report that City Manager Watson had 2~ months time when he first started with the city for which no money was paid into PERA and asked if the City Council would agree to pay the city costs of $67.00 on this. Motion by Heintz, seconded by Hentges, that November 4th be City Manager Malcolm Watson's termination date, that he be on vacation pay until that time and draw the normal fringe benefits, hospitalization insurance and that the City Council pay the city cost of approximately $67.00 for 2½ months of service to PERA that was not previously paid in. A short discussion followed. Roll Call: Ail Ayes. INTERIM SIGNATURE PLATE FOR CITY MANAGER Mayor Nawrocki questioned if the present City Manager's signature plate would be valid after his termination date. City Attorney Kalina replied that the signature is valid until resolution of the Council rescinding the previous action that made the signature valid. If he would like an interim signature plate, he is certainly entitled to it. City Attorney Kalina recommended that the signatures be changed on November 4th. RENTAL OF NEW COURT FACILITIES Mayor Nawrocki reported that the County Board met this morning, 8/23, and authorized the contract to the City of Columbia Heights to provide court service facilities, and they authorized the Administrative Committee to negotiate on this. HOUSE ON 39th AVENUE Building & Inspections Director Arden Hovland explained the owner is asking for a variance that could be granted under an ordinance. The City Council has denied him anything, but he just won't accept it. Arden Hovland stated the house is a well-kept, pretty solid structure. August 23, 1977 City Attorney Kalina stated the provision he runs into in the Zoning Code is unexpansion of non-conforming uses. It is non-conforming because of a number of things such as size and distance from the front yard and so on. The code says that a person can make a house more habitable despite the fact that it is non-conforming as long as the outside perimeter of the building is not increased. In this case, the owner is going to be increasing the outside perimeter and there is no provision for this where variances normally apply. City Attorney Kalina felt the owner wants an amendment of that ordinance or some other ordinance dealing specifically with his property. Mayor Nawrocki recommended referring the matter to the Zoning Commission for recommendation before amending the ordinance. Motion by Heintz, seconded by Norberg, that the matter be referred to the Planning and Zoning Commission for their recommendation. Roll Call: Ail Ayes. Motion by Heintz, seconded by Norberg, to adjourn the meeting at 10:05 p.m. Bruce G. Nawrocki, Mayor Secretary