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