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HomeMy WebLinkAboutOct 23, 1978 (2)OFFICIAL PROCEEDINGS REGULAR MEETING OF THE CITY COUNCIL CITY OF COLUMBIA HEIGHTS, MINNESOTA OCTOBER 23, 1978 The meeting was called to order at 8:00 p.m. Roll Call: Logacz, Heintz, Norberg, Hentges, Nawrocki - present INVOCATION The invocation was given by Rev. Paul Waite of Shiloh Bethany Church. MINUTES OF PREVIOUS MEETINGS Motion by Hentges, seconded by Norberg, to approve the minutes of the regular meeting of October 10 and the special meeting of October 17 as submitted in writing and the reading be dispensed with. Roll Call: All Ayes PRESENTATION OF AWARDS Mayor Nawrocki stated that Mark Yates has served the City for five years on the fire rescue unit. He thanked him for his service to the community and presented him with a five year pin in appreciation. ORDINANCES AND RESOLUTIONS: 1. Second reading of ordinance 894 Pertaining to Flood Plain Management Motion by Norberg, seconded by Heintz, to waive the reading as ample copies were available to the public. Roll Call: All Ayes ORDINANCE 894 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PASSED JUNE 21, 1977, PERTAINING TO FLOOD PLAIN MANAGEMENT The City Council of the City of Columbia Heights does ordain: Section l: Section 9.302(3) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows: "9.302(3) Regulatory Flood Protection Elevation - The Regulatory Flood Protection Elevation shall be an elevation no lower than one-half foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain. (a) The regulatory flood protection elevation within the Floodway and Flood Fringe Districts shall be established by adding one-half foot to the Base Flood Water Surface Elevations with Floodway listed in the Floodway Data Table contained in the Flood Insurance Study. Regulatory flood protection elevations between cross-sections shall be interpolated. October 23, ] 978 Page 2 (b) The regulatory flood protection elevation within the General Flood Plain District shall be calculated by a qualified registered pro- fessional engineer in accordance with procedures in 9.3]I(4)(f)." shall hereafter be amended to read as follows: "9.302(3) Regulatory Flood Protection Elevation - The Regulatory Flood Protection Elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain. (a) The regulatory flood protection elevation within the Floodway and Flood Fringe Districts shall be established by adding one foot to the Base Flood Water Surface Elevations with Floodway listed in the Floodway Data Table contained in the Flood Insurance Study. Regulatory flood protection elevations between cross-sections shall be interpolated. Section 2: (b) The regulatory flood protection elevation within the General Flood Plain District shall be calculated by a qualified registered pro- fessional engineer in accordance with procedures in 9.311(4)(f)." This ordinance shall be in full force and effect from and after thirty (30) days after its passage. Offered by: Hentges Seconded by: Heintz Motion by Norberg to insert (30.48 centimeters) after the words "one foot" wherever they appear in the ordinance. Motion dies for lack of a second. Councilman Norberg stated he doesn't wish to replace the words "one foot" but only to add the metric equivalent in paranthesis. Roll Call on ordinance: All Ayes 2. Ordinance on Sale of Tax Forfeit Property This was brought before the Council at its previous meeting. The City Manager was instructed at that time to negotiate with Mr. ~ Mrs. Brunkow, 5020 7th St., for the sale of the land. The City Manager stated that the Brunkows have made an offer of $200 for the two strips of land in question, an 8' strip and a lO' strip to the north and south of their property. This $200 would reimburse the City for its appraisals and administrative costs. The previous price under discussion was $582 to cover back taxes and assessments. The City Manager suggested that the Council not accept the offer and indicate that the value of the property is greater than $200. Mr. Brunkow stated that he isn't sure what the value of the land should be. He has had several differ-' ent prices quoted him by City staff. Councilman Logacz stated that he believes the City should recover all its costs and $200 just isn't enough. October 23, 1978 Page 3 Discussion followed on the amount of back taxes and what the City paid to the county to acquire the land. The special assessments are still outstanding. The City Manager stated that $582 would be enough to recover all the costs involved in back taxes and assessments. Mrs. Brunkow asked what the City will do with the land if they don't buy it. The City Manager answered that the alternatives are to reconvey it to the county, provide for plantings of seedlings on the land, or continue to pursue the sale of the two strips. Motion by Hentges, seconded by Logacz, to deny the offer of $200 on the two parcels of land. Discussion followed on the possible uses of the land and the expense to the City if it kept the land. Roll Call: Logacz, Norberg, Hentges, Nawrocki - Aye Heintz - Nay Mr. Brunkow stated he would like to continue negotiations but would like more time to think about the $582 price. Motion by Norberg, seconded by Heintz, to authorize the City Manager to continue negotiations with the Brunkows. Roll Call: All Ayes 3. Resolution Regarding Payment of Bills This is to provide for the situation in which Councilman Norberg finds himself because of his stock holdings in several companies with which the City does business. The City Attorney stated that certain types of payments are a result of contracts the City has already entered into. Passage of this proposed resolution would end the continued problems involved with paying the bills. He added that in each of the three cases listed the company was the low bidder. Councilman Heintz stated he will not vote for the resolution because he believes that Councilman Norberg should divest himself of his stocks. Councilman Hentges asked that the following words be inserted in the last paragraph of the resolution "based on the report of the City Manager." The City Manager and City Attorney accepted the addition. RESOLUTION 78-51 WHEREAS, Councilman Gayle R. Norberg has or may possible have a financial interest in the following companies and whereby the City of Columbia Heights has obligated itself to the following contracts identified as listed below: Northwestern Bell: Dimension System 201-S plus line charges Contract dated December 23, 1975 To provide telephone service system equipment payments made monthly (3 years) along with line charges October 23, 1978 Page 4 Eastman Kodak: Rental of Copying Machine Agreement dated l~ovember 30, 1977 - Annual agreement commencin9 January l, 1978 Monthly minimum rental with charge per copy in excess of minimum 3M Alarm Service: Burglar Alarm Systems at Liquor Stores ,. #2 and #3 Service agreements dated March 3, 1975 3M to install, monitor and maintain Burglar and Hold-Up system and, WHEREAS, the Council has determined, based on the report of the City Manager, that the low contract price for each of the above listed contracts is as low or lower than the price at which the commodity or service listed could be obtained elsewhere, the City Council of the City of Columbia Heights hereby resolves the above listed bills be paid out of their proper funds upon the filing of an affidavit with the City Clerk in accordance with Minnesota Statute 471.89, subdivision 3, by Councilman Norberg. Offered by: Hentges Seconded by: Logacz Councilman Logacz stated that he agrees with Councilman Heintz but the Council should allow Councilman Norberg up till the end of the year to make arrangements to divest himself of his stocks. It would be a hardship for the Council not to adopt the resolution at this time. Councilman Heintz stated he would go along with the resolution if Councilman Norberg agreed to divest himself of his stocks by the first of the year. The City Attorney reminded the Council that the resolution must be passed by a unanimous vote. Councilman Norberg stated he has done everything required of him under the state law. He asked Councilman Heintz to think of this as a City problem and the resolution as a solution to the problem. Mayor Nawrocki commented that it is commendable of Councilman Norberg to bring this to the attention of the Council to have it hand]ed in the proper manner and he doesn't believe that Councilman Norberg's ho]dings will influence his decisions. But if the holding of stocks is a conflict, it would seem that the individual holding the stocks should correct the situation. In the meantime, he thinks the Council should be responsible enough to pay its bills. He asked the Council to try to proceed with the handling of the City's business in an expeditious manner. Roll Call on resolution: Logacz, Hentges, Nawrocki - Aye Norberg - Abstain Heintz - Nay Reso]ution fails. The City Manager stated that there are bills to Kodak and 3M that haven't been paid from the last Council meeting. There are also three more bills tonight that have to be passed separately. October 23, 1978 Page 5 COMMUNICATIONS: 1. Letter from Jack Elmquist The City Attorney stated that there was nothing in the letter from Mr. Elmquist, attorney for Mr. Ted Alain, which wasn't expressed by Mr. Alain at the public hearing on the drainage problem in the 1300 block between 45½ Ave. and 46 Ave. The Mayor asked if the Council has handled the matter in a legal manner. City Attorney Kalina answered that it had. No action was taken. 2. Meeting on Energy Conservation The League of Women Voters will be holding a meeting on energy conservation on October 26 at 8:00 at the library. 3. Appeal from Denial of Request for Variance Mr. Auburn's request for variances was denied by the Planning and Zoning Commission and he is now appealing the decision to the Council. Mayor Nawrocki stated that unless there was a written request for an appeal, there was nothing the Council could consider. The City Manager stated he did not have a written request. No action was taken. 4. 25 MPH Speed Limit in Urban Districts Motion by Hentges, seconded by Norberg, to refer the proposal to reduce the speed limit from 30 MPH to 25 MPH in urban districts to the Traffic Commission for their consideration. Roll Call: All Ayes OLD BUSINESS: 1. Cable TV The City Manager introduced Anne Davis from the Cable Communications Commission. Ms. Davis gave a presentation including the history of cable TV, services it provides, and its potential uses. She passed out a brochure which told about cable TV and outlined the franchising process, a timetable for the required ordinance, public hearing on same, and bidding. Councilman Norberg stated that it would seem like the logical next step to put together a citizen committee to design a system for Columbia Heights and do some of the initial work. Motion by Norberg, seconded by Hentges, to ask the Mayor to appoint a cable citizen advisory group to investigate the possible need and possible design of a system. Roll Call: All Ayes 2. Capital Improvements Funding The City Manager noted the memo from John Schedler, Finance Director, on the capital improvement funding. He proposes taking money from the bond issue and using it for the Prestemon Park building. The Council had authorized proceeding with the park project with the additional money over the estimated cost coming from the general fund. The City, however, has excess money from the bond issue which will have to be used before April 1, 1979 and the proposal is to transfer the money into this project. Discussion followed on the original intent of the bond at the time of its issuance and whether this project would qualify. October 23, 1978 Page 6 Motion by Norberg, seconded by Hentges, to table this item until later in the meeting. Roll Call: Heintz, Norberg, Hentges, Nawrocki - Aye Logacz - Nay 3. Purchase of Johnson Property The City Manager stated that he received an appraisal of $4~,000 on the Johnson property at 531 Mill St. The house is now on the market at $47,500. He asked for direction to negotiate with the owners. Discussion followed on the willingness of the other property owners between 531 Mill St. and City Hall to sell in the near future. The City Manager stated that the purpose of the additional parking spaces to be created on these lots was for the field house activities as well as the court services facilities. Mayor Nawrocki stated that the City is trying to meet its needs but is not trying to inconvenience anybody living in these houses. Working as property becomes available would be the way to approach the problem. Councilman Heintz noted that because the house is for sale the City wouldn't have to pay the relocation expenses for the owners. Councilman Norberg stated he isn't pleased with the prospect of upkeeping the property until the City could acquire all of the properties between this one and City Hall for parking. The Mayor noted that the lots could be used for parking on an individual basis or the house could be rented if the City didn't go ahead with the parking lot project immediately. The Mayor pointed out that the request is not to purchase the property at this time but to authorize the City Manager to negotiate the best price possible and come back to the Council. This would allow the City Manager time to deal with the rest of the property owners as well. Councilman Hentges questioned whether there weren't other alternatives to the parking problem. Motion by Heintz, seconded by Logacz, that the Mayor and City Manager be authorized to execute a purchase agreement in an amount not to exceed $45~000 for the purchase of the property located at 531 Mill St. Roll Call: Logacz, Heintz, Nawrocki - Aye Norberg, Hentges - Nay 4. Request from HRA to Utilize Monies Roger Jensen, HRA Director, stated that he is requesting utilization of some money for work to be done in the redevelopment of the downtown for grading and surfacing of the HRA parking lot at 4037 VanBuren, to provide screening for the lot, to authorize payment for the initial appraisals for the target areas for the redevelopment of the east side of Central, and provide funds for soil borings and topography maps to total S13,748.18. The balance in the fund is $29,545.01. The rest of the initial $65,000 was spent for the acquisition of 4037 VanBuren, Anoka County CAP, and special provisions for 1977 an.d 1978 which were included in the budget for downtown development. October 23, 1978 Page 7 Discussion followed on whether the property would revert back to the City if it wasn't used for public purposes. Councilman Norberg suggested the Council look hard at the first two items and not authorize them as they may amount to violating the agreement which was made. Discussion continued on what the original intent of the agreement was. Motion by Hentges, seconded by Heintz, to authorize the expenditure of $13,748.18 from the development two savings fund of the HRA for the indicated work in the downtown area. Councilman Norberg noted that these projects are not capital projects which was what the original $65,000 was intended for. The Mayor noted that these are the first steps to a capital project and the money has to come from some place to do this work. Roll Call: Logacz, Heintz, Hentges, Nawrocki - Aye Norberg - Nay 5. Report on Liquor Operations The City Manager noted that two items were enclosed, a proposal from Belair contractors and a report from John Schedler, Finance Director, on the liquor operations. He asked the Council to establish a work session for October 30 or sooner to consider the liquor store operations and possible the Belair proposal. 6. Wage Adjustments The City Manager noted that there are four wage adjustments before the Council. adjustments are all for 2½% with the exception of the fire chief. He asked the Council to approve these items by concurrence. Motion by Norberg, seconded by Hentges, to defer this until Councilman Heintz returned to the meeting. The Roll Call: All Ayes 7. Variance Request The Planning and Zoning Commission held a special meeting on Wednesday evening to consider a side yard variance for a garage at 3836 Buchanan St. This will also be discussed when Councilman Heintz returns. NEW BUSINESS: 1. Metro Clean Air Committee Barb Hughes, Metro Clean Air Committee, gave a brief presentation on the PCA clean air act. She asked that someone on the Council be designated as a contact person she can keep advised on changes. Motion by Hentges, seconded by Logacz, to appoint Councilman Norberg as the Council liason. Roll Call: All Ayes October 23, 1978 Page 8 2. Sale of Sullivan Lake Property The City Manager noted that Mr. Dickerson, President of D.E.M., was present to submit a proposal for use of the Sullivan Lake property. Mayor Nawrocki stated that since Councilman Heintz had returned, they would back up to ~he two items that were tabled. Wage Adjustments The Mayor noted the procedure was that the merit increases would go into effect administratively if the Council didn't take any action. Discussion followed on the two CETA employees and what the total adjustment for the year will amount to for these four employees. Motion by Norberg, seconded by Heintz, to deny the proposed merit adjustment for the fire chief. Roll Call: Heintz, Norberg - Aye Logacz, Hentges, Nawrocki - Nay Motion fails The merit adjustments as proposed will go into effect administratively. Variance Request The Planning and Zoning Commission held a meeting Wednesday night to deal with the variance request of Mr. Fisher, 3836 Buchanan St. Mr. Fisher had bought an adjoining piece of property from a neighbor and tore down his existing garage. Now he needs two variances to build a new garage. Discussion followed on the access to the proposed garage. The Planning and Zoning Commission recommended approving the variances needed because of the unusual topography. Motion by Norberg, seconded by Heintz, that the Council find that the variances should be granted because of the steep grades and topography of the land which constitutes the hardship. Roll Call: All Ayes Sullivan Lake Proposal Mr. John Dickerson presented a drawing of a proposed townhouse development for the property at Sullivan Lake. It will consist of approximately 60 units of townhouses at the market rate of $60,000 - $80,000. His company would be requesting revenue bond financing with the help of the City. They are asking for a 90 day period of exclusive negotiations so they can further develop their bond description, site concept, and financing details which would lead to a purchase agreement with the City. Discussion followed on the maintenance of the access streets, density of the project, and the number of units per building. The City Manager suggested that Mr. Dickerson submit in writing what the terms of the requested exclusive agreement October 23, 1978 Page 9 for negotiations would be so he can present something to the Council at the next meeting. Mayor Nawrocki noted that the fairest way to proceed would be to determine if anybody else would be interested in submitting a proposal. The City Manager stated he is expecting at least one more proposal within the next few days which will be presented at the next Council meeting. He will also contact two developers who had expressed an interest earlier to see if they would like to make another presentation. Councilman Norberg suggested giving the City Manager a set of parameters dealing with the type of units, number of units, and price so the proposals are somewhat similar. Discussion followed on the use of the industrial revenue bonds. Councilmen Heintz and Logacz stated they were receptive to the idea. 3. Proposals on 1978 Audit The City Manager stated six proposals for the 1978 audit have been submitted to the Council. He is recommending that the Council engage Haskins and Sells at a cost of $8,600. This firm has a good record in the state, they have done work in Anoka County, and he feels their staff is well trained in municipal government with cities of comparable size. Discussion followed on why the City should pay an additional $2500 for Haskins and Sells over the $5900 bid of the George Hansen Company. The City Manager explained that he was disappointed with the management report that the George Hansen Company turned in last time. He added it is time for a change since the George Hansen Company has been doing the City's audit for the past 16 years and a new perspective may be needed. Councilman Norberg stated that the objectives do not outweigh the extra money it would cost. Larry Robertson, representative from Peat Marwick & Mitchell, stated that fees are based strictly on number of hours to complete the job. The only difference between the $8600 and the $11,000 they bid is the hours the firm thinks the job will take. The City will, of course, only be billed for the hours worked. He described some of the intangibles which a larger firm, such as Peat Marwick & Mitchell, could bring to an audit. Gordon Anderson of the George Hansen Company, stated that they specialize in govern- ment settings. One reason their bid is lowest is that they are familiar with local government audits and are good at it. The City Manager stated that waiting until the next meeting to make a decision would delay some of the preliminary work of the auditing company. The Mayor commented that the Council has received some information tonight and would require additional time to consider it. Motion by Heintz, seconded by Logacz, to table further consideration of this matter until another meeting. Roll Call: All Ayes October- 23, 1978 Page 10 RECESS at 11:50 p.m. to hold a Volunteer Relief Association Board of Trustees meet ing, RECONVENE at 12:28 a.m. Mayor Nawrocki stated that the meeting is adjourned until 9:00 p.m. on Tuesday October 24 at the library. Council Secretary