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HomeMy WebLinkAboutAug 28, 1978 (2)OFFICIAL PROCEEDINGS REGULAR MEETING OF THE CITY COUNCIL CITY OF COLUMBIA HEIGHTS, MINNESOTA AUGUST 28, 1978 The meeting was called to order at 8:28 p.m. Roll Call: Logacz, Heintz, Norberg, Hentges, Nawrocki - present INVOCATION The invocation was given by Councilman Norberg. MINUTES OF PREVIOUS MEETINGS Motion by Hentges, seconded by Heintz, to approve the minutes of the regular meeting of August 14, the August 15 continuation, and the special meeting of August 21 as submitted in writing and reading be dispensed with. The Mayor noted that the portion of the August 14 minutes dealing with the calling of a special meeting for August 15 to finish the agenda came after he had declared the meeting adjourned and should be deleted from the minutes. Roll Call: Ail Ayes PAYMENT OF BILLS Motion by Norberg, seconded by Heintz, to defer payment of bills until later in the meeting. Roll Call: All Ayes ORAL PETITIONS None were presented. ORDINANCES AND RESOLUTIONS 1. Designating Election Judges RESOLUTION 78-32 DESIGNATING ELECTION JUDGES WHEREAS, the political parties have submitted prospective election judge names, to wit the Independent Republican Party for House/Senate Districts 46 and 55 and the Democratic Party only for District 46 and the American Party only one name for Precinct 3, to the Anoka County Auditor, and WHEREAS, the County Auditor has forwarded said list to the City Clerk who has reviewed the lists and contacted the prospects to determine if they will be available to serve. August 28, 1978 Page 2 NOW THEREFORE, Be it Hereby Resolved that the City Council of the City of Columbia Heights does approve the attached list of judges, by precinct, for the State Primary Election September 12, 1978 and the State General Election, November 7, 1978. Passed this 28th day of August, 1978. Offered by: Heintz Seconded by: Hentges Roll Call: All Ayes 2. Establishing the Salary and Fringe Benefits for Firefighters The City Manager noted that included in his packet of material to the Council were various changes in the firefighter's contract. Motion by Logacz, seconded by Norberg, to defer consideration of this item until later in the meeting. Roll Call: All Ayes 3. Supporting the City of Richfield's Lawsuit Resolution 78-33 was read by the City Manager. Councilman Norberg suggested the resolution include wording that the $100 come from the unallocated general fund surplus. Councilman Logacz stated he cannot support this proposal because he doesnlt feel the Supreme Court will rule this item unconstitutional after the legislature has passed it. He feels the action would be useless. Councilman Heintz stated he cannot support the resolution because he also doesn't feel the Supreme Court will overturn the legislature's wishes. He further stated he would rather see the legislature lobbied to have their action changed. Discussion followed on the resolution. RESOLUTION 78-33 SUPPORTING CITY OF RICHFIELD LAWSUIT CONTESTING PELRA COMPULSORY BINDING ARBITRATION PROVISIONS WHEREAS, The City of Richfield has initiated a lawsuit contesting the compulsory binding arbitration provisions of PELRA (City of Richfield vs. Local 1215, International Association of Firefighters, Intervenor), and WHEREAS, this lawsuit is currently under appeal to the Minnesota Supreme Court, and WHEREAS, the PELRA binding arbitration provisions delegate fundamental decisions regarding the kind, extent and cost of governmental services to private, politically unaccountable individuals, and August 28, 1978 Page 3 WHEREAS, cities in Minnesota have generally had poor experience with these binding arbitration provisions in that decisions have been unfair, inflationary and detrimental to the collective bargaining process, and WHEREAS, other viable, more fair and just alternatives do exist to the PELRA binding arbitration provisions. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota as follows: that this city supports the City of Richfield in this lawsuit and directs that a copy of this resolution of support be filed with the League of Minnesota Cities. e that the sum of $100 is hereby authorized from Unallocated General Fund Surplus to be paid to the League of Minnesota Cities to assist in financing the cost of appealing this lawsuit to the Minnesota Supreme Court. Passed this 28th day of August, 1978. Offered by: Seconded by: Roll Call: Norberg Hentges Norberg, Hentges, Nawrocki - Aye Logacz, Heintz - Nay PLANNING & ZONING RECOMMENDATIONS: 1. Arnold Kramer, 130 10th Street Conditional Use Permit A1 Carlson, Planning staff, stated that Mr. Kramer is requesting a conditional use permit to make the home at 4911 Central Avenue into a totally commercial building. Mayor Nawrocki read section 6.701 of the City Code which prohibits the change from residential to commercial and asked the City Attorney to comment. The City Attorney stated the Planning & Zoning Commission looked at the plan to evaluate the proposal and how proposals of this type had been dealt with previously. He recommended the Council look at the ordinance and take some action to deal with this topic to indicate how it should be applied. The Mayor stated he doesn't understand how the Council could actually consider any remodeling or altering of any existing building when the ordinances says the City can't. The City Attorney stated the question is whether the ordinance is applicable or whether this should be considered a new structure. Discussion followed on whether the Council has approved this type of variance in the past. Mayor Nawrocki stated that he would have trouble voting in favor of any proposal in the face of the existing ordinance. He added that if the Council wants to approve this proposal, the ordinance should be changed. Discussion continued on the legitimacy of the ordinance. A1 Carlson presented the plan for the Council's review. Motion by Hentges, seconded by Heintz, to concur with the Planning and Zoning Commission. The Mayor ruled the motion out of order because it wasn't specific enough. August 28, 1978 Page 4 Motion by Hentges, seconded by Heintz, to approve the conditional use permit, grant a ]2 foot rear yard variance, and grant a 5 foot side yard variance on the south side of the property based on the recommendation of the Planning and Zoning Commission. Councilman Norberg suggested that the motion was out of order because it didn't address the ordinance that stated this type of change cannot be made. City Attorney Kaiina stated the motion was not out of order because by the Council approving the conditional use permit they would be determining that the ordinance doesn't apply to this request. Councilman Norberg questioned the hardship involved in the variance request. Motion by Nawrocki, seconded by Logacz, to defer further consideration of this matter until such time as the Council considers chapter 6, article 7, section of the Code which prohibits the Council from taking the action being proposed in the motion. Mayor Nawrocki stated it makes sense to consider changing the ordinance to allow such a matter to be considered. Roll Call: Logacz, Norberg, Nawrocki - Aye Heintz, Hentges Nay Motion by Hentges, seconded by Logacz, to direct the City Attorney to look into the ordinance, chapter 6, article 7, section 1, to see if it is too restrictive. Roll Call: All Ayes USE OF HUSET PARK FOR 1979 JAMBOREE Motion by Hentges, seconded by Heintz, that the Lion's Club request to use Huset Park for the 1979 Jamboree be granted based on the Park Board recommendation. Roll Call: All Ayes LETTER FROM BROOKLYN CENTER Motion by Norberg, seconded by Logacz, to acknowledge the letter concerning a housing awareness seminar with thanks. Roll Call: All Ayes CHEERY HEIGHTS The City Manager stated that he received a letter from the Metropolitan Council regarding a feasibility analysis made for HUD on the Cheery Heights development. This was submitted to the City for any input. No action was taken by the Council. OLD BUSINESS: ]. Dual Purpose Court Resurfacing The City Manager stated he had met with the contractor, subcontractor, supplier, and manufacturer to discuss this project and reported on the negotiations. August 28, 1978 Page 5 The contractor and supplier were of the opinion that the City's specs were not specific about the dual use of the court. George Brown, City Engineer, recommended putting a temporary seal on the courts for the winter and putting a more permanent coat on next spring. Discussion followed on the negotiations with the contractor and what type of seal might be used. Motion by Norberg, seconded by Hentges, that the City not remit anything to the general contractor, for that specific job of seal coating, at this time. The Mayor stated that the City can accept the work or not, it the City doesn't accept the work they will have to negotiate a settlement. Motion by Norberg, seconded by Hentges, that (1) the City not accept the work on these two rinks, (2) that the City withhold payment from the contractor in the amount of this contract, (3) that the City cover the rinks the way they are with polyfilm for winter use, (4) that the City would remain open to negotiations with the contractor, and (5) that the City Manager continue to negotiate with the contractor and report back to the Council at the next meeting. Councilman Heintz questioned whether the City's specs may have been wrong and until the Council knows who was responsible the City should not take this type of action. Motion by Heintz, seconded by Logacz, to table this subject until the next regular Council meeting so that the City Manager, City Attorney, and City Engineer can review the specs and report back. Roll Call: Logacz, Heintz - Aye Norberg, Hentges, Nawrocki - Nay Motion fails. Councilman Norberg stated he feels the negotiations should be from a position of strength and by the City withholding money they would be in a strong position. Roll Call on original motion: Logacz, Norberg, Hentges, Nawrocki - Aye Heintz - Nay 2. Liquor Store Operations The City Manager noted the memo he had sent to the Council on the July financial report. He stated he will have a more detailed report in the near future. 3. City Hall Addition and Remodeling City Manager Bocwinski passed out a revised statement on the remodeling project. He explained the change orders and other items requiring approval. Discussion followed on several change orders. Motion by Logacz, seconded by Heintz, to authorize change orders Nos. 7, 8, and l0 in a total amount of $693, change order No. 10 subject to further clarification by the City Manager on the obligation for removal of the two existing fans, additional land acquisition costs in the amount of $1,794 be authorized, additional miscellaneous expenses in the amount of $4,564 be authorized, and $5,000 additional monies be authorized for contingency purposes said monies to come from the unallocated general fund surplus. August 28, 1978 Page 6 Motion by Norberg, seconded by Heintz, to amend to add the words that any individual item within the $5,000 contingency amount in excess of $500 will specifically be brought before the Council for prior approval. Roll Call: All Ayes Roll Call on amended motion: All Ayes Motion by Norberg, seconded by Logacz, to extend the meeting until 12:30 on the provision that the debate on each question be limited to 30 seconds per mouth. Roll Call: Logacz, Heintz, Norberg, Nawrocki - Aye Hentges - Nay 4. Wahlberg Proposal on Sullivan Lake Property The City Manager stated that he had received a letter from Mr. Wahlberg making an offer on the Sullivan Lake property. He had a phone call from Mr. Wahlberg this afternoon and Mr. Wahlberg stated the offer will stand contingent on rezoning of the land. If the rezoning is not satisfactory, he will withdraw his offer. Motion by Logacz, seconded by Norberg, to reject the offer and return the earnest money to Mr. Wahlberg. Roll Call: All Ayes 5. Other Old Business The City Manager indicated that the sidewalk is not up to grade on the Mill Street side of City Hall. He suggested the maintenance contract replace the slab. Motion by Heintz, seconded by Logacz, to authorize the installation of sidewalk from the intersection of 40th Avenue and Mill Street to the front entryway of City Hall and that Leverette Weekes and Company, Inc. be considered as a successful low bidder at a bid price of $578. Roll Call: All Ayes NEW BUSINESS: 1. Agreement between Anoka County and City of Columbia Heights Motion by Heintz, seco;~ded by Norberg, to authorize the Mayor and City Manager to enter into the lease agreement with the County of Anoka regarding court facilities. Roll Call: All Ayes 2. Informal Quotations on Basketball Backboards Motion by Heintz, seconded by Logacz, that the City Manager be authorized to expend up to $556 for basketball backboards based on the low, i~]formal quotation of Hamele and Associates, Inc. Roll Call: All Ayes .August 28, 1978 Page 7 3. Bids on Prestemon Park Building The Park Board has recommended that these bids be rejected as they are high. Mayor Nawrocki pointed out that the bids are high but may be even higher in the spring. Councilman Heintz asked the Council to respect the recommendation of the Park Board to reject the bids or refer it back to them for further consideration. Motion by Heintz, seconded by Hentges, to refer the bids for Prestemon Park shelter building back to the Park Board for further review and consideration. Roll Call: All Ayes 4. Bids on Lighting Basketball Court at Prestemon Park Motion by Heintz, seconded by Norberg, to award the bids for the Prestemon Park basketball court lighting to Heights Electric Company, Inc. for the amount of $9,200 and Mayor and City Manager be authorized to enter into contract for same. Motion by Norberg, seconded by Hentges, to table the question for further information. Roll Call: All Ayes 5. Special Meeting on Proposed Budget The Mayor has called the special meeting on the proposed 1979 budget for Thursday, September 21, at 7:00 p.m. 6. Upcoming Meetings Discussion was held on meeting dates for budget work sessions. The following dates were set: Tuesday, August 29 after finishing the agenda; Wednesday, August 30 at 7:30 p.m.; Wednesday, September 6 at 7:00 p.m.; Wednesday, September 13 at 7:00 p.m.; Thursday, September 14 at 7:00 p.m.; Monday, September 18 at 7:00 p.m.; Tuesday, September 19 at 7:00 p.m.; and Wednesday, September 20 at 7:00 p.m. 7. Fire Department Request for Resusci-Anne Motion by Heintz, seconded by Hentges, that the City Manager be authorized to expend up to $1,O81 for a recording Resusci-Anne and carrying case, five recording tapes, and eight sets of spare lungs. Roll Call: All Ayes 8. Wage Adjustments Motion by Hentges, seconded by Norberg, to deny anyone moving to a range E unless there is a justification. Roll Call: Norberg, Hentges - Aye Logacz, Heintz, Nawrocki - Nay Motion fails. Merit increases will be handled administratively. August 28, 1978 Page 8 9. Fire Relief Association Motion by Hentges, seconded by Heintz, that subject to the City Manager discussing the apportionment of taxes and state aids with the representative of the volunteer and paid fire relief associations that the tax levy for this year for fire relief association purposes go to the paid fund and the state aids go to the volunteer plan. That if there is any disagreement amongst the volunteer or the paid men this will be reported back to the Council before the actua! transfer of funds is carried out. Roll Call: All Ayes PAYMENT OF BILLS Motion by Norberg, seconded by Hentges, to approve the bills as listed with the exception of the following: 26548, 26580, and 26589. Mayor Nawrocki asked that, with Council approval, two additional checks be added, one to the Chamber of Commerce for $75 and one to Pay Olynyk for $248.09 for expenses incurred for the reception for Linda Johnson. Roll Call: All Ayes Councilman Norberg left the meeting at this time. RESOLUTION 78-34 WHEREAS, Councilman Gayle R. Norberg has or may possibly have a financial interest in the following companies and whereby the City of Columbia Heights has obligated itself to pay bills in the following amounts to those companies as listed below: Eastman Kodak $ 860.00 3M 35.40 Northwestern Bell 2,102.86 and, WHEREAS, the Council has determined that the contract price for each of the above listed bills 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 resolved 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 47].89, Subdivision 3, by Councilman Norberg. Offered by: Hentges Seconded by: Heintz Roll Call: All Ayes Councilman Norberg rejoined the meeting. LICENSES Motion by Heintz, seconded by Hentges, to approve the license applications upon payment of proper fees. Roll Call: All Ayes August 28, 1978 Page 9 At 12:45 a.m. Mayor Nawrocki declared the meeting recessed until Tuesday evening following the special hearing. Bru~ G Nawrocki, Mayor ~oo~nci 1 Secretary