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HomeMy WebLinkAboutSept 26, 1977OFFICIAL PROCEEDINGS REGULAR MEETING OF THE CITY COUNCIL CITY OF COLUMBIA HEIGHTS, MINNESOTA 55421 SEPTEMBER 26, 1977 The meeting was called to order at 8:05 p.m. Roll Call: Logacz, Heintz, Norberg, Hentges, Nawrocki--present. Motion by Norberg, seconded by Hentges, to name Carol Lattery Secretary Pro Tem for the meeting. Roll Call: All Ayes. INVOCATION Invocation was given by Reverend Jacob Andreason of 1st Lutheran Church. MINUTES OF PREVIOUS MEETINGS There were no minutes to be considered at this meeting. PAYMENT OF BILLS Motion by Heintz, seconded by Logacz, to pay the bills as listed out of their proper funds. Discussion followed. Councilman Norberg questioned Check #22676 for about $800 worth of parts and asked whether or not the City gets any kind of discount on these. Administrative Assistant Tim Yantos indicated that a discount is given on that quantity. Councilman Norberg questioned Check #22690 to Knox Lumber. Interim City Manager Anderson indicated that this check is for the wood siding that went on the new warming house over at Labelle Park. Councilman Norberg questioned Check #22711. Interim City Manager Anderson indicated that this check is from former City Manager Malcolm Watson for dinner meetings with the building official, City Attorney and himself in the amount of $18.00 and $6.00 which came from a previous bill. Councilman Norberg questioned Check #22723. Interim City Manager Anderson indicated that this check is to a body and fender man to prepare the cab on a sewer vehicle. He added that we now have a body and fender man back on our CETA Program, so these jobs won't be farmed out any more. Councilman Norberg questioned Check #22746. Interim City Manager Anderson indicated that this was money the Council authorized for the Softball National Tournament. September' 26, 1977 Councilman Hentges questioned Check #22607 to the North Suburban Football League. Interim City Manager Anderson indicated that this is an official fee for the whole season to that gentleman. Councilman Hentges questioned Cbeck #22750 to Metro Engineering. Interim City Manager Anderson indicated that this is for the LaBelle Park Program, subbed out to Wolverton Engineering. Motion by Hentges, seconded by Norberg, to omit Check #22750 to Metro Engineering. Mayor Nawrocki asked what the purpose would be for not paying this bill. Councilman Hentges indicated that they are subcontracted under the Wolverton Engineering job, and there seems to be some error some place in the walkway as the walkway washed away with the rain we had and according to the specifica- tions, there was supposed to be 6" of limestone rock. Councilman Heintz reported he took a walk in LaBelle Park and he reported a washout on the corner of 40th & Circle Terrace. He questioned whether the rain wasn't severe enough to do it and indicated that the contractor had a Performance Bond and he recommended paying the bill and going after the contractor on the Performance Bond later. He felt there was a pretty heavy rainfall Friday night and it could have washed out the walkway as it looked like 4" was wiped out of limestone. Councilman Hentges indicated that according to Park Superintendent John Murzyn and the specifications, along 40th Avenue the sidewalk was supposed to be 5' deep and two feet were supposed to be limestone. Interim City Manager Anderson indicated that we are still holding back $4,146 even if this payment is made. Councilman Logacz indicated he felt we made a mistake in not spending a little bit more money and establishing a permanent pavement because now the whole side of the hill is eroding by 40th Avenue after they have removed the stairs to Circle Terrace and if there is another very heavy downpour the whole path from the steps on down will probably disappear. He noted they came in not long ago to straighten the matter out and patch it up. He recommended since there is going to be erosion almost indefinitely that the city proceed next year to establish permanent pavement such as an asphalt overlay or concrete overlay because the limestone is not going to hold very long. Mayor Nawrocki noted the choice that the Council had in the initial recommendation far exceed the monies that were available to complete the work and the limestone path was recommended as an economical substitute. He recommended since we still have some of the money withheld from the contractor that it would be appropriate to honor the request for payment and then to pursue the matter of whether or not the limestone material itself was put in at the required depth and in a workmanship-like manner in determining if there are deficiencies on the contractor's part as there is a Performance Bond that would protect the city financial interest. Mayor Nawrocki asked for comment from Public Works Director Earl Gustafson regarding the washout and the depth of limestone put in. September 26, 1977 Public Works Director Earl Gustafson indicated he was sure the limestone path was built according to specifications, but he thought the architect did not anticipate some of the rain problems that might occur. He indicated he was sure that the limestone was well placed and well protected. Mayor Nawrocki reiterated that the motion was to delete from the payment of bills Check #22750 to Metro Engineering in the amount of $5,656.53. Roll Call: Logacz, Heintz, Norberg, Nawrocki--Nay Hentges--Aye Motion Fails. Roll call on the first motion to pay the bills as listed out of their proper funds was called for. Roll Call: Logac~ Heintz, Norberg, Nawrocki--Aye Hentges--Nay BIDS ON GARBAGE PICKUP SERVICE Mayor Nawrocki reported last Friday, September 23, bids were taken for garbage pickup service for the community for a three-year period. He called for Interim City Manager Anderson to report on this. Interim City Manager Anderson began by stati~ that a copy of the five bids that were submitted was given to the City Council and when totalled up, the price bid against the number of events in each category, the apparent low bidder is Hollies Rubbish Service Inc. at $614,160. He stated he met with representatives of Hollies to review our estimate of manpower needed to carry out this contract, number of vehicles and so on and Hollies told him without any hesitation that they can meet the equipment needs on November 1st, which would be the first day. He reported Hollies bonding agency was contacted today for a Performance Bond, but the bonding company was unable to give an answer specifically on whether they would in fact issue a Performance Bond to Hollies but would give us an answer in a reasonable time. He stated he believed that any award would have to be subject to the company demonstrating that they could get that Performance Bond within ten days so that there would be time for an alternative action if it can't be secured. He recommended that Hollies be awarded the bid subject to their providing a Performance Bond within ten days and if they can't secure one within ten days that we not award the bid to them, but to the second iow bidder or refuse the bids. Councilman Heintz recommended awarding the bid subject to the Performance Bond or tabling it and having a special meeting for Hollies to come in with a Performance Bond. Interim City Manager Anderson indicated the bids are good for 30 days. Councilman Heintz recommended rather than going through the process of awarding bids, tabling awarding of bids until the first regular meeting in October or at the Special Meeting next Monday, October 3 to have Hollies show a Performance Bond. Mayor Nawrocki questioned whether the City could demand to see the Performance Bond at this time. September 26, 1977 City Attorney Kalina indicated we cannot demand to see the Performance Bond as an absolute right until such time as there is an award made but he indicated there would be no problem with investigating at this point to receive some prior indication as to whether Hollies can obtain one or not. The only time the City can force this Performance Bond issue is upon award of bid. He reported nobody has a Performance bond at this time and nobody is going to get one either until the bid is awarded because of the high cost. Councilman Heintz questioned the length of time a contractor should be given to come up with a Performance Bond after awarding a bid. Mayor Nawrocki explained the new contract will take effect November 1 and he felt the situation would indicate that all documents, Performance Bond, insurance certificate, etc., should be had within ten days. Councilman Heintz indicated he felt November 1 we are in trouble if a contractor is given two weeks now and doesn't come up with one and then the next low bidder needs another two weeks to come up with one. Mayor Nawrocki reported that Hollies Rubbish Service Inc. has made a very low bid, lower than the present bid which has been in force for three years and that was a bid that was gained after another tough bidding session. He stated he thought either that contractor has made an awful lot of money or this contractor has found a way to meet the increased cost of gasoline and all the other inflationary things that have happened in the past three years and that one would reasonably expect to happen again in the next three-year period of this contract. He recommended it would be in the city's best interest to do everytbing to insure that the contractor is capable of carrying out this bid for the three-year period. He stated the indications from the present customers of Hollies are that they do a good job, but they have only two trucks and the present contractor needs two trucks to do the residential pickup and one truck to pickup the vat service, and also the contractor will need vats. He stated we should certainly be sure that the contractor is all equipped and set up to go and take over on November 1st, as we have had misfortunes in the past getting into startups with new contractors in the refuse pickup service with varying problems they have had and we can get in trouble fast with the citizens on non-performance. Motion by Heintz, seconded by Logacz, to award the bid to Hollies Rubbish Service Inc. in the amount of $614,160 based on low competitive bid, that the Mayor and Interim City Manager be authorized to enter into agreement with same contingent upon Hollies Rubbish Service Inc. furnishing the Performance Bond required by the contract plus all items listed in the City Specifications by 4:45 pm Monday, October 3rd. There was more discussion on adding the contingency of other assurances of performance into the motion and on the feasibility of awarding the bid now instead of tabling it for one week. Mayor Nawrocki asked if Interim City Manager Anderson was reasonably satisfied that Hollies could perform on this contract. September 26, 1977 Interim City Manager Anderson stated he felt Hollies could perform if they can get the Performance Bond as the owner of Hollies gave us every assurance that he had the extra vehicles lined up that he would need and personally expected to be on the scene November 1 with them. Interim City Manager Anderson reported Hollies has only one truck in the Minneapolis contract and has 700 residential accounts on Monday and 600 on Tuesday and that is all he has in the Minneapolis contract other than his Housing and Redevelopment. Hollies completes those 700 accounts with one crew and one truck in one day and that exceeds what our present contractor collects. Councilman Hentges asked Denny McGraw of Modern Services how much he picks up in one day. Denny McGraw of Modern Services replied he picks up a total of 6000 homes and he had a total of 6 men so he picks up 1000 a week per man, which is 200 a day or 400 per crew for a two-man crew. Mayor Nawrocki asked again if the staff felt that there is a good possibility of performance on the contract by this company. Interim City Manager stat~ he felt there was, but the staff has not completed their financial background investigation and so on that would help to know if Hollies can secure the extra equipment and that would also have a bearing on whether they would get the Performance Bond as they go hand in hand. Administrative Assistant Tim Yantos reported he spoke with a gentleman at the Twin City Insurance Agency about Hollies being able to obtain a Performance Bond and on the onset of the conversation the gentleman indicated yes, but then the gentleman questioned him about how the bid came out, our current hauler as to how many vehicles he has, his manpower and vats he has and so on and after that information was given to him, he was unsure whether or not Hollies would be able to obtain the Performance Bond. Roll Call: Logacz, Heintz, Norberg, Nawrocki--Aye. Hentges--abstained. Motion carried. LIQUOR STORE #1 REMODELING BIDS Interim City Manager Anderson reported that after the last Council Meeting where he was asked to contact the bidder and the architect to see if there was some misunderstanding over how the specifications were written and why the architect bid was so far away from what the actual bid of the contract was, he had a conference call involving both parties, but he indicated they were unable to get any closer together. He stated they seemed to both understand the specifications, but the construction company did not feel they could perform for any less than they bid and the architect believed that that price was excessive. The staff recommendation at the last Council meeting was that this bid of $49,756.00 be rejected and the recommendation remains the same this week. September 26, 1977 Motion by Hentges, seconded by Norberg, to concur with the Interim City Manager to reject the bids for remodeling of Liquor Store #1. Roll Call: Ail Ayes. INFORMAL BIDS ON LIQUOR STORE #1 FURNACES Interim City Manager Anderson reported that the gas company has tagged both furnaces in Liquor Store #1 for a cracked combustion chamber. He reported also he explored the option with the architect of not replacing these two small furnaces but rather going to a complete new system. He stated it was his opinion that it wouldn't prove economical to go to a one-system unit and that these two furnaces should be replaced. He reported the low bid on the two furnaces is Frank's Heating and Air Conditioning. Motion by Hentges, seconded by Norberg, to award bids for the two furnaces in Liquor Store #1 to Frank's Heating and Air Conditioning, in the amount of $1,895.00 based on the low responsible bid. Roll Call: Ail Ayes. INFORMAL BID ON FIRE EXIT FOR THE BASEMENT OF THE FIELD HOUSE Interim City Manager Anderson reported in the lower level of the Field House, our Recreation Department conducts a preschool class and the State Fire Marshall has inspected that area and indicated that it does not meet the standards for children of that age. The State Fire Marshall stated we do need a ground level walkout doorway and we have to knock a hole through the wall in the back of the Field House into what is presently the one-car garage, take out the big overhead garage door and frame in around a foot door so that the people would have two walkout foot doors in order to meet the fire code. The low bidder to do the complete job is Roger Sheehy General Contractor and the bid is $1,300.00. He stated that this is not anything that was originally planned for in our budget and would have to come out of General Contingency Funding. He reported the other bid is for $1,655.00 from Nedegaard Construction. Motion by Hentges, seconded by Logacz, that the bid be awarded to Roger Sheehy Construction in the amount of $1,300.00 for entrance renovations in the Field House to meet the State Fire Marshall requirements based on low informal responsible bid, and that money for this work come from the General Contingency Fund. Councilman Norberg asked if there are any alternative places in the school system, for example, rather than changing this one. Interim City Manager Anderson stated Linda Hansen, Recreation Director, has been unsuccessful in finding an alternative meeting place. Roll Call: Ail Ayes. September 26, 1977 REQUEST TO CALL FOR BIDS ON PUBLIC SAFETY BUILDING - MUNICIPALBUILDING REMODELING Interim City Manager Anderson requested opening bids on Public Safety Building and Municipal Building Remodeling on October 27th at 2:00 pm, and also requested that a Special Council Meeting be called for Monday, October 31 to award those bids. He reported Architect Bob Diedrich could not get all the specifi- cations and drawings ready for today and requested advertising on October 5. Motion by Hentges, seconded by Logacz, that the Interim City Manager be authorized to call for bids for the Public Safety Building Addition to City Hall and Remodeling of same, and also that bids be opened October 27th at 2:00 pm with a report to a Special Council Meeting which is hereby called for Monday, October 31st at 7:30 pm. Roll Call: Logacz, Heintz, Hentges, Nawrocki--Aye Norberg--Nay SPECIAL MEETING Mayor Nawrocki called for a special meeting of the Council for Monday, October 3rd at 7:30 pm and to expand the agenda for the meeting being there is a Public Hearing already scheduled for that night on the 3rd Street Water Main. There were no other bids to be considered at this time. SECOND READING OF ORDINANCE #875 REGULATING PARKING ON PRIVATE LOTS Councilman Hentges expressed concern over putting controls on all private parking lots, except where there is need where the fire, safety, health and welfare of the public is affected like at Shoppers City, K-Mart or on school property. City Attorney Kalina stated he was not an advocate of the ordinance, but the city does have the power to regulate, not as a traffic matter, but as a matter of regulating behavior of people in the lots and the orderliness of people's ability to conduct their business. Mr. Anderson reported that this was an ordinance that was in a former City Ordinance Book and was dropped out when the new code was passed. He explained he was asking for it again because of those places that want some assistance, specifically the schools as they are the greatest requesters and without this ordinance, the people can park any place they wish. City Attorney Kalina explained there are certain parking requirements within our Zoning Code and if 20 parking places are required, that is because there is a need to have them and if somebody comes and parks their car across three of those places, then of course the place has only 18 places available to people. He felt the ordinance would have a legitimate purpose in those cases. Councilman Logacz stated the ordinance will be for people who want us to enforce their problems rather than just for anybody's parking lot. September 26, 1977 Mr. Anderson explained that this is one ordinance that is used when requested, but on the other hand, it is there and it could also be used if saw fit without their request. Every one of the ordinances has to be used with some discretion. The Police Department was called to enforce the ordinance when school started, but unfortunately it was not noticed that the ordinance had been dropped out of the book and some of the tickets had to be taken back. The High School ~s the biggest single complainer and they operate through their PA system and handouts through the school telling people the Police Department will be enforcing those parking lanes and that people who do not comply will be issued tags after the second or third day of school. Mayor Nawrocki asked how a situation would be handled where parking places were not marked. Mr. Anderson answered that in this case the ordinance would not apply as the parking places have to be painted for positions on the surface° Councilman Hentges stated he felt it was wrong to go outright and condemn the whole community unless someone asks you to enforce the ordinance. Mr. Anderson reported there is a car that bas been sitting at Seven-Eleven for one week that the Police Department cannot find the owner of and has no authority to remove it. The owner has tried to locate a private contractor and nobody will take it. Our Impound Ordinance would cover any violation in the ordinance book, but if the owner of the vehicle parked at Seven- Eleven parked exactly in the stall, he would not be violating this ordinance. Councilman Heintz stated he felt the ordinance is then inappropriate and should be written that upon the owner's request, a vehicle could be removed from his property in violation of his rigbts. Mr. Anderson suggested amending the ordinance to say "at the owner's request". Councilman Heintz stated he thought this ordinance ought to be written a little differently to restrict the police to just generally having the authority except strictly at the owner's call; that is, when they are asked, they should have full authority to go along with that owner's concurrence to remove any hinderance to that owner. This ordinance should be written to reflect all that. Mr. Anderson recommended tabling this ordinance for a future meeting with the City Attorney and himself to work out the wording of the ordinance. REQUEST FOR ALLEY LIGHT - 39th to 40th, JACKSON TO VAN BUREN Mr. Anderson reported the people in the alley 39th to 40th, Jackson to Van Buren, have asked, by s~gning a petition which we have here, to install alley lighting and there are almost unanimous if not unanimous signatur~ on the petition. A lady in the audience reported that only one person in the neigh borhood, the first person on the list, got a letter stating that the lighting was going to be brought up at the meeting tonight. She stated the way they understood it, there was going to be a light on every pole down the length of the alley. September 26, 1977 Mayor Nawrocki informed the people that the petition is being presented to the Council tonight and the Council will then have to set up a hearing for which everybody in the alley will be notified. Motion by Heintz, seconded by Hentges, that the petition be placed on file. Roll Call: Ail Ayes. Motion by Heintz, seconded by Hentges, that the City Manager be authorized to call a hearing for alley lighting in the alley between Jackson Street and Van Buren Street and between 39th Avenue and 40th Avenue and that the hearing be held in the next regular Council Meeting on October llth. After a short discussion on the number of lights to be placed, Mayor Nawrocki suggested calling in NSP for their recommendation on the number of lights and the right places to put them and based on that recommendation at the hearing the cost estimate will be given. He stated the motion will be amended to state "the hearing will be held at the next Regular Council Meeting on October 24tH'instead of the Council Meeting of October llth to give us enough time to sufficiently advertise it and notice will go out. Roll Call: Ail Ayes. REQUEST OF CARL OLSON FOR STREET DEDICATION FOR PUBLIC ACCESS AT THE REAR OF TABER BUSHNELL PROPERTY ON 39TH AVENUE Interim City Manager Anderson showed sketch of the area to the Council. A short discussion followed. Motion by Logacz, seconded by Heintz, directing the Interim City Manager to prepare a resolution for a right-of-way at the rear of Taber Bushnell property on 39th Avenue. Roll Call: All Ayes. City Attorney Kalina stated there has to be a hearing if you are going to assess the neighborhood for this street, but if you are not going to assess the neighborhood for it, you don't need a hearing to pass a resolution. If you want to dedicate it as a street, you would have to condemn his easement or he has to be willing to give it up. RESOLUTION AUTHORIZING RESIDENT OF 623 - 37TH AVENUE TO HAVE HIS DRIVEWAY EXTEND ONTO CITY PROPERTY Mr. Anderson reported that at the corner of 37th and Madison Place, the city owns a stretch of land and that land is presently being maintained by the resident of 623 - 37th Avenue and he wants to build a garage there. The owner, who was in the audience, stated he cannot put doors right out on the alley and that the doors would have to be put on Madison Place. September 26, 1977 A discussion was held on whether to sell the lot to the resident or to give him an easement. Mayor Nawrocki stated the majority of the Council wants to sell him the lot and he suggested that Interim City Manager s~t down with the resident at a convenient time and see if an agreeable dollar amount and an agreeable set of terms can be worked out. Mr. Anderson told the resident that in the meantime to go ahead with his garage and he would get together with him to work out an agreeable time. RECESS: 10:05 pm RECONVENE: 10:30 pm SECOND READING OF ORDINANCE 876 REPEALING ARCHAIC ORDINANCES Mr. Anderson recommended waiving reading of this ordinance as there are adequate copies available for public use. Motion by Heintz, seconded by Hentges, that the second reading of Ordinance #876 be waived because there are adequate copies for public use. SECOND READING OF ORDINANCE 877 CHANGING THE SIZE OF SMALL LOTS PERMITTED IN THE CITY Mayor Nawrocki noted this ordinance is deleting that part of the ordinance #853 that talks about not increasing the number of dwelling units nor the outside perimeter of the building. Building and Inspections Director Arden Hovland reported what brought this issue up was the gentleman who has a home with two small bedrooms and a basement bathroom and wants to put in an upstairs bathroom and another bedroom. Councilman Hentges explained the reason he was against this ordinance is that it is open to anybody, but this case would be a hardship case because of the shape of the lot. He noted it doesn't matter what he adds on, he seems to be too close to the alley. He has a backyard on the alley, a side yard on the alley and the other side is at the driveway toward neighbors. Mr. Anderson noted the Council had decided that with these older dwellings about to the end of their natural lives, the probability was that they would be taken down and replaced by better dwellings, but that thinking may have changed since the enactment of this ordinance due to the tremendous increase in the value of these older houses. Councilman Heintz asked if there is some way this ordinance could be written where we would be allowed to grant a variance upon review of the Planning and Zoning Commission and leave the final action up to the Mayor and City Council. That way, each case would have to be reviewed individually rather than for anybody or everybody. September 26, 1977 City Attorney Kalina stated it could be done by adding to the end of the new section as amended "and provided the variance is obtained pursuant to Section 9.503 (4) which would require a variance procedure", and then of course, it is limited to items in the variance section, not economic hardship of course. Councilman Heintz noted the intention being fully the economic hardship is where it counts. A long discussion followed on this ordinance. Mayor Nawrocki noted the agenda says "Second Reading of Ordinance 877 Changing the Size of Small Lots Permitted in the City" and stated he failed to see where this ordinance changes the size of the lots. City Attorney Kalina explained that it doesn't and that it is just an agenda title that somebody picked out. The title of the ordinance is "Pertaining to Zoning Regulation of Non-Conforming Uses". Building and Inspections Director Hovland noted if anybody wants to add on over 50% or more, then the whole building has to be brought up to city code. City Attorney Kalina explained that the language starting at Section 1 of the ordinance is the language as it exists now and then it would be as amended to read as follows: "Alterations may be made to a building containing non-conforming residential units when the alteration will improve the livability thereof." Then he suggested adding to that, "provided however alterations increasing the perimeter may be made to a building containing non-conforming residentialunits when the alteration will improve the livability thereof and provided that a variance is obtained pursuant to Section 9.503. In addition to the variance criteria contained in Section 9.503 (4), the Board of Appeals & Adjustment may consider the need for fire and health safety and the need for sanitary facilities in the subject building. No such alterations shall be made to buildings which are not structurally sound. Mayor Nawrocki asked the City Attorney to read it in its entirety with the corrected amendment. City Attorney Kalina read Ordinance #877 as amended. Offered by: Heintz Seconded by: Logacz Councilman Hentges ask if this would be actually the first reading because of all the changes. Mayor Nawrocki explained the City Attorney ruled that the changes made from the first reading do nE necessitate another given first reading, and this reading can be considered as a second reading. Roll Call: Ail Ayes. September 26, 1977 SECOND READING OF ORDINANCE 878 REGARDING TRUCK WEIGHTS ON RESIDENTIAL STREETS Interim City Manager Anderson read Ordinance 878 pertaining to use of streets by vehicles weighing in excess of 15~000 pounds. Offered by: Norberg Seconded by: Logacz A short discussion followed. City Attorney Kalina stated the ordinance gives authority to post signs prohibiting vehicles in excess of 15,000 lbs. Mayor Nawrocki noted that tbe present ordinance says "15,000 lbs.", but it also says to post it, but this ordinance now says "15~000 lbs." and it doesn't have to be posted and that message is the only difference. Roll Call: Ail Ayes. RESOLTUION SETTING 1978 LICENSE FEES Motion by Hentges, seconded by Heintz, to defer action on the Resolution Setting 1978 License Fees until the next regular meeting. Roll Call: Ail Ayes. RESOLUTION SETTING SALARY AND BENEFITS FOR THE BARTENDERS AND WAITRESSES (LOCAL 17) Mr. Anderson reported having reached an agreement with Local #17 regarding bartenders, both full and part time and waitresse~ both full and part-time, and there are assurances that it will be accepted by the other side. RESOLUTION 77-54 REGARDING SALARIES AND BENEFITS FOR LIQUOR EMPLOYEES AND LOCAL #17 BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS that the following changes in salaries and benefits for 1977 and 1978 for municipal liquor employees covered by a contract with Hotel and Restaurant Employee and Bartender's Union Local 17. 1. Full time bartenders now employed shall receive $5.55 per hour during 1977 and $5.77 per hour during 1978. 2. Part time bartenders now employed shall receive $4.65 per hour during 1977 and $3.53 per hour during 1978. 3. Full time waitresses now employed shall receive $3.45 per hour during 1977 and 1978. 4. Part time waitresses now employed shall receive $2.85 per hour during 1977 and 1978. September 26, 1977 5. Ail future employees in the above classifications shall receive 12 percent less than the above rate from the date of employment until completing six months on the job. After completing six months on the job and until completing 12 months on the job, the employee shall receive six percent less than the above-stated rates. After 12 months on the job, the employee shall receive the above-stated rate. 6. During 1977 and 1978 said employees shall receive nine holidays. 7. During 1977 said employees shall receive $50 per month and during 1978 $60 per month toward the cost of the group hospitalization and group life insurance. BE IT FURTHER RESOLVED that the Mayor and City Manager are authorized to sign a formal contract with Local #17 containing the salary and benefits. Offered by: Logacz Seconded by: Hentges Roll Call: Ail Ayes. RESOLUTION AUTHORIZING PREPARATION AND SUBMISSION OF AN APPLICATION FOR A LOCAL ASSISTANCE GRANT A discussion was held on whether or not preparation of another application was needed. City Attorney Kalina verified that the application had to be re-reviewed and again approved and he stated that planning having changed the way it has in the past few years, he felt there are going to be certain things that are not going to be approved in our Comprehensive Plan. Mayor Nawrocki asked that the Council remove this item from the agenda at this time and directed the Interim City Manager to put it either on Wednesday's Budget Meeting Agenda, September 28th or on the Special Meeting Agenda for next Monday, October 3rd. OTHER ORDINANCES OR RESOLUTIONS It was reported that the HRA wants to endorse the Northeast State Bank to develop in the downtown area, 40th and Central Avenue and that the Downtown Council adopted a resolution. They also want Council approval so that they would have a whole community support behind them and a letter from the Chamber of Commerce sent to them endorsing their idea. RESOLUTION 77-55 ENDORSING NORTHEAST STATE BANK'S INTENT TO DEVELOP A DETACHED BANKING FACILITY IN THE DOWNTOWN DEVELOPMENT AREA WHEREAS, the Members of the Columbia Heights City Council recognize the need for a substantial revitalization effort in the downtown area, and, September 26, 1977 WHEREAS, a full-service banking facility is recognized by the Council members as an essential element in the economic revitalization of this area, and, WHEREAS, it is the Northeast State Bank's full intent to actively pursue the possibility of locating a full-service banking facility in the downtown revitalization area. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that they totally support and endorse the intent of Northeast State Bank for locating a detached full-service banking facility in the downtown development area. Offered by: Logacz Seconded by: Norberg Roll Call: Ail Ayes SUBDIVISION REQUEST, TILDA RUDE - 4411 3RD STREET Interim City Manager Anderson reported the subdivision request is for Plat Number 33365 and Parcel 1123 and is legally described as Lot 16, 17, 18, 19 and 20 of Block 21, Columbia Heights annex, the description henceforth to be #1 - Lot 20 and the north 10 feet of Lot 19, and #2 - Lots 16 to 19, excluding the north 10 feet of Lot 19. Special assessments are in the amount of $2,262.33 and any pending or future assessments will be levied according to the new split as approved this day. Motion by L~gacz, seconded by Hentges, to grant the subdivision request to Tilda Rude, 4411 - 3rd Street, as described by Mr. Anderson. Councilman Hentges noted Lot 20 is 40 feet and taking the north 10 feet of Lot 19 would make it a 50-foot lot and would be an illegal lot. Mr. Anderson noted the house is now straddling two lots. City Attorney Kalina stated a variance would have to be given for building on a 50-foot lot. Councilman Hentges went on to say it is a legal lot that is gaining another 10 feet and losing 10 feet on the adjoining lot. There was some discussion on whether a variance would be needed to build on the 50-foot lot. Councilman Hentges stated if a single family home is built in an R-2 District, then a variance is not needed. Buildings and Inspections Director Hovland pointed out that if he meets the side yard and front yard requirements, he has created the lot and doesn't need a variance. ROLL CALL: Logacz, Hentges, Nawrocki--Aye Heintz, Norberg--Nay Motion carried. September 26, 1977 REQUEST FOR AUTHORIZATION TO SIGN OFFER OF GRANT - 5TH STREET STORM SEWER PROJECT Interim City Manager Anderson asked for authorization for the Mayor and Interim City Manager to sign this offer of grant. Motion by Heintz, seconded by Hentges to authorize the Mayor and Interim City Manager to sign the offer of grant - 5th Street Storm Sewer Project. Roll Call: Ail Ayes. FINAL ASSESSMENT HEARING Motion by Heintz, seconded by Logacz, that November 29th, 7:30 pm, be established as a Special Council Meeting and that a hearing be held at that time on PIR projects, if completed, to be assessed. Roll Call: Ail Ayes. LATE REQUESTS There were no late requests. OLD AND NEW BUSINESS City Attorney Kalina reported the next step on the Volunteer Fire Pension is getting approval of the Council and of the men. He suggested that while the Council reviews the matter at this point the staff meet with the men so it can be brought as a formal proposal to the Council. Mayor Nawrocki noted there have been two or three changes and corrections and he felt the next step will probably be a meeting with the volunteers. City Attorney Kalina stated he would send out a copy as revised to the men beforehand. Mr. Anderson brought up the salary issued tabled from last week and stated he had sent copies of the evaluations and his letter from September 19th with the recommendations to the Council. He explained that the evaluations included what Mr. Watson did and then his additional comments on there when he got into the evaluation. The letter also included the recommended merit increase. Mayor Nawrocki stated the recommendation is to move the present salary of Public Works Director Earl Gustafson from 32 Step A at $1,854 to 32 Step B at $1,904 based on performance. He stated the increase will go into effect if there is no questions or comments. Mr. Anderson suggested meeting Tuesday, September 27, to review sections of the budget prior to the final hearing Wednesday night, September 28. Two Councilmen indicated they could not make it on Tuesday night. Mayor Nawrocki reminded the Council that the budget has to be approved and a levy certified by October 10th, which is Columbus Day and there will be no meeting that day, which means a levy has to be certified next week. A Special Meeting is now set up for Monday, October 3rd, at which the Council is going to have to be prepared to act. Councilman Hentges stated we can certify a levy without the approval of the budget. Mayor Nawrocki suggested having a regular informal hearing on the budget on Wednesday, September 28th at 8:00 pm, an informal meeting on Thursday, September 29th at 7:30 pm and be ready to act on the budget at the Special Meeting on Monday, October 3rd. Mayor Nawrocki again brought up the item talked about a little earlier in the meeting on the gravel pathway in LaBelle Park. He noted apparently the specifications did not call for sideboards or some retainer wall that would help keep the sides of the pathway from washing away. He noted the questions were raised whether the washing away was above and beyond what could be expected from what was specified or not and also whether the depths are according to specifications at 6". He asked the Interim City Manager to check the matter out. Mayor Nawrocki stated he felt the 38th and 5th Street Scrap Yard was still a mess and he thought there was supposed to be a general cleanup. City Attorney Kalina stated the building is down and the fence up, but the owner keeps piling junk on the outside of it. Mayor Nawrocki noted two items as a problem: 1) the mess and 2) the fence. He asked if that was the kind of fence that was indicated was going to go up. Building & Inspections Director Hovland reported they wanted to put up a concrete block wall, but it turned out he couldn't get it done because you have to use crossfooting to put up a concrete block wall and it was too expensive. The fence he put up qualifies but it is dirty. Mayor Nawrocki noted it doesn't do much of a screening job and he suggested digging into the matter to see if it can be cleaned up. Mayor Nawrocki instructed Public Works Director Gustafson to check out the matter of backfilling the curb around the intersection of 4301 Tyler Street. Mayor Nawrocki stated be received an MTC letter regarding shelters and he proposed putting one more shelter at 50th Avenue and Central and trying to incorporate it into the sidewalk contract. Councilman Hentges noted the other shelter mentioned should be in on 39th and Stinson Boulevard. He noted it was proposed on the blueprint that it should be south of 39th at the end of the property where they are going to put the end of the sidewalk. Mr. Anderson stated he would try to find out where the bus does stop in that area and would try to coordinate thesbelt~r with it. September 26, 1977 Mayor Nawrocki reported he reviewed comments that had been made to date on the Metro Council Census and did not find any difference in the new list in their estimate that they made for the Heights. He asked whether or not the staff made any followup on the census projection since made by the Metro Council. Councilman Hentges reported he called the HRA and they told him the staff was working on it. Mayor Nawrocki stated the letter that has come out now from the Metro Council states they are going to start performing the public hearing process on October 13th. Mr. Anderson stated he would find out the status of this. Mayor Nawrocki directed him to send him a copy of anything that is sent to the MTC. NEW BUSINESS - UNITED NATIONS ASSOCIATION OF MINNESOTA Mayor Nawrocki stated the United Nations Association of Minnesota has again sent materials for community programs in recognition of United Nations day and week of October 24th. The problem in the past has been trying to find anybody that is interested in getting involved in any way, but it is open to anybody that is interested in the United Nations Day or Week and wants to observe it. LICENSE APPLICATIONS Motion by Heintz, seconded by Norberg, that license applications as listed be granted upon payment of the proper fees. Roll Call: Ail Ayes. There were no City Manager reports. There were no City Attorney reports. Mayor Nawrocki asked whether or not things were completed in agreement with Burlington Northern on screening. Mr. Anderson reported Tom Rezjer, Assistant Park Superintendent, was working with them on the screening. He indicated they have agreed to work it out and within a couple of weeks, it should be settled. Mayor Nawrocki asked if the rest of the agreement with Burlington Northern had been reviewed. Mr. Anderson stated the only one he was aware of is the plantings that they have agreed on. Mayor Nawrocki stated he wanted the agreement reviewed to ascertain just whether or not everything had been complied with. September 26, 1977 Councilman Norberg brought up the K-Mart issue. Mr. Anderson stated he had a discussion on that with Building & Inspections Director Arden Hovland but had heard nothing from K-Mart. %ouncilman Hentges brought up the lawsuit between the City of Fridley, Burlington Northern and the City of Columbia Heights. City Attorney Kalina reported he was not prepared yet to come to the Council with anything definite on that lawsuit as he is still awaiting some information which seems to have been detained. He stated the Interim City Manager has been working with City Engineer George Brown to get the materials to him. PUBLIC WORKS DIRECTOR REPORTS Public Works Director EarI Gustafson mentioned he found deep-rooted ~ndelions coming through the mat of the new blacktop at Prestemon Park. He stated this was a phenomenon that he had never witnessed before and the contractor was surprised. He stated he has been drilling down and putting in a sterilant to retard it for three years and he thought probably the winter kill will destroy them. He stated the stalks of dandelions are about as big around as your thumb and they are actually erupting the bituminous mat, 3" of base and 2" of blacktop. He saved ene and goL some photographs of it because he just couldn't believe it. Mayor Nawrocki asked if he got the problem taken care of. Mr. Gustafson replidhe hoped so and that they had to go back and fill up all the holes and also a skin coat that goes on top of the mat has to be placed. He explained the skin coat is somewhat like a seal coat in that there has to be ideal humidity and temperature to place it, so he recommended deferring it until next year rather than to risk a poor job this year. He stated the skin coat is done by the contractor and it is in the contract. Mayor Nawrocki noted the park across the street from City Hall has the same problem only with vines coming through the blacktop. So he asked for a followup on that problem too. Mr. Gustafson asked for permission to open bids on the generator for the #2 pump house on the 27th of October Motion by Hentges, seconded by Heintz, to authorize the Interi~n City Manager to advertise for bids for a standby generator for the #2 pump house. Bids to be opened on the 27th of October and reported to the following regular Council Meeting. Roll Call: Ail Ayes. There was some discussion on the 41st and 2nd Street sewer line and it was noted that the situation is temporary until the property which is for sale develops there and the storm drainage is expected to develop along with it. It was noted that the City Attorney is pursuing the Mr. Moneta property matter. Motion by Heintz, seconded by Logacz, to ~djourn the meeting at 12:30 a.m. Roll Call: Ail Ayes. September 26, 1977 It was noted that the City Attorney is pursuing the Mr. Moneta property matter. Motion by Heintz, Seconded by Logacz to adjourn the meeting at 12:30 a.m. Roll Call: All Ayes B~uce G. Nawrocki, Mayor Secretary