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HomeMy WebLinkAboutMay 9, 1978OFFICIAL PROCEEDINGS RECESSED MEETING OF THE CITY COUNCIL COLUMBIA HEIGHTS, MINNESOTA MAY 9, 1978 The meeting was called to order at 8:12 p.m. Roll Call: Logacz, Heintz, Norberg, Nawrocki - present It was noted that Councilman Hentges was at at HRA meeting and would join the Council meeting later. ORDINANCE 885 Mayor Nawrocki noted that since the last Council meeting there had been two extended meetings with Midland Coop representatives. The second meeting was to work out the details of the agreement being presented to the Council for approval. Motion by Norberg, seconded by Logacz, to take from the table the matter of ordinance 885. Roll Call: All Ayes City Attorney Kalina stated that a copy of the purchase agreement between the City and Midland had been sent to Council members for review. The legal description of the property has been changed. He also noted some changes made in the language of the agreement and some points that he was concerned about. At this point, 8:22 p.m., Councilman Hentges joined the meeting. The City Attorney recommended not accepting Midland's proposal #2 regarding the City repurchasing of the property and reimbursing Midland for expenses incurred to that point in the event Midland is unable to build as a result of the City changing the zoning of the property. Mr. Sampson from Midland stated his company's views on the matter of a possible rezoning of the property. Councilman Heintz stated he doesn't see any reason why the property would ever be rezoned and that a little faith is needed on both sides of the agreement. Mr. Sampson pointed out that, unfortunately, a "gentlemen's agreement" is not binding and the company would want items of this type in writing and stated he doesnlt understand the City's hesitancy to do so. Discussion followed on the fill requirements, the date on which Midland would hope to start building, and the dredging costs. City Attorney Kalina again recommended that the Council not accept the change guaranteeing reimbursement to Midland for construction expenses in case of rezoning and other incidents not the fault of the buyer. Mr. Sampson asked what the procedure was of applying for a building permit and what is implied with the permit. City Attorney Kalina gave him the requirements for a permit and Arden Hovland, Building Inspector, explained his procedure in inspecting the building and under what conditions the permit can be withdrawn. Motion by Heintz, seconded by Logacz, that the City incorporate page #3 in its entirety. May 9, 1978 Page 2 Motion by Norberg, seconded by Hentges, to amend the motion to strike the last 16 words of the insert at the bottom of page #3 "or incidences beyond the control and without the fault of buyer, its agents, contractors, or subcontractors." Roll Call on amendment: Norberg, Hentges, Nawrocki - Aye Logacz, Heintz - Nay Roll Call on amended motion: Logacz, Norberg, Hentges, Nawrocki - Aye Heintz - Nay Recess at 9:35 p.m. Reconvene at ]0:00 p.m. The second reading of ordinance 885 regarding purchase agreement with Midland Coop for Sullivan Lake property was held with the language changes as agreed to. Offered by: Norberg Seconded by: Hentges Roll Call: All Ayes Motion by Norberg, seconded by Logacz, that the Mayor and City Manager be authorized to enter into agreement conveying certain properties to Midland Coop as described in Ordinance 885. Roll Call: All Ayes PLANNING AND ZONING RECOMMENDATIONS: 6. Sullivan Lake lot subdivision Motion by Heintz, seconded by Hentges, that the lot subdivision be granted on the recommendation of the Planning and Zoning Commission. Discussion on the sale of a parcel of land behind Pier 1 to the Herringers. Roll Call: All Ayes ORDINANCE 887 A first reading of ordinance 887 for the sale of part of auditors subdivision No. 51 to Cheery Company was held. Discussion followed on the possibility of putting in an alleyway to serve the bank and other businesses on Central. Mayor Nawrocki suggested that Marquette Bank representatives talk to other property owners on the block to seek out any interest. TRAFFIC: COMMISSION RECOMMENDATIONS: 1. Handicapped Parking Stall for 4643 Pierce Street The City Manager reported that the recommendation is to approve the sign based on the Traffic Commission recommendation. He suggested that the resident must still observe: the present parking ordinances. May 9, 1978 Page 3 Motion by Hentges, seconded by Logacz, that the handicapped parking stall sign be approved for 4643 Pierce Street. Roll Call: All Ayes 2. Proposed Commercial Alley on the West Side of Central - 49th to 50th Councilman Hentges stated that a questionnaire was sent to property owners on Central. Three owners were for an alley and three were against it. He stated that the car wash has installed a post in the way of the City's utility ease- ment. Discussion followed on whether the post can be removed legally and the possibility of a public hearing on the installation of an alley. Motion by Hentges, seconded by Heintz, to authorize the City Manager to call a public hearing for the purpose of constructing an alley from 49th to 50th on the west side of Central. Roll Call: Logacz, Heintz, Norberg, Hentges - Aye Nawrocki - Nay COMMUNICATIONS: 1. Notice of Association of Metropolitan Municipalities Annual Meeting The meeting will be Wednesday, May 17 at the Hopkins House. The Mayor suggested that anyone interested in attending let the Council Secretary know so reservations can be made. 2. Proclamation reqarding National Public Works Week Mayor Nawrocki read the following proclamation: WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the planning and construction of public works programs and systems such as water, sewer, streets, highways and other types of facilities; and WHEREAS, the health, sanitation, safety and general well-being of this community depends, to a great degree, on these services and facilities; and WHEREAS, the quality, efficiency, and eff-ctiveness of these facilities, as well as the planning, design, and construction of future facilities, is vitally dependent upon our public works engineers, administrators, and technicians; and WHEREAS, retaining and attracting qualified and dedicated personnel to staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work performed by such employees; now therefore, BE IT RESOLVED, that I, Bruce G. Nawrocki, Mayor of the City of Columbia Heights, do hereby proclaim May 21-27, 1978 as NATIONAL PUBLIC WORKS WEEK and call upon all citizens and civic organizations to acquaint themselves with the problems involved in providing public works facilities and services; and recognize the important role in our safety, health and well-being that is played by the public works officials in our community. May 9, 1978 Page 4 He noted that it was appropriate to call attention to the good work of the Public Works Department and let them know that the City does appreciate their work. 3. Letter from the City of Hilltop Mayor Nawrocki stated that the City of Hilltop is not interested in installing a street light at 46th and Monroe and that the matter of the fence was considered by them to be a private one. 4. Notice of League of Minnesota Cities Annual Conference The Annual Conference will be at the Minneapolis Radisson from June 6-9. The Mayor asked that Councilmembers inform the Council Secretary if they are interested in attending. The City Manager asked for permission for department heads to attend. Motion by Heintz, seconded by Hentges, to authorize up to 12 staff people and the 5 Councilmembers to attend the convention. Councilman Hentges suggested that department heads attend only the meeting pertaining to their department. Roll Call: All Ayes 5. 1978 Nominations for Officers and Directors - League of Minnesota Cities Mayor Nawrocki noted that nominations for officers and directors are being solicited. OLD BUSINESS: 1. Plaque for LaBelle Park Motion by Heintz, seconded by Hentges, that bid be awarded to Specialty Sales Inc. in the amount of $2,186 for a bronze plaque with sculptured art work honoring James LaBelle. Motion by Logacz, seconded by Heintz, to table this until the next regular meeting as the V.F.W. is meeting this week and will discuss this matter. They may be able to obtain the items at a reduced cost. Ro]l Call: All Ayes 2. Cheery Heights Agreement The City Manager reported that the School Board is interested in three changes in the agreement, the most significant being that the School Board has asked that they not make any payment until after July 1 so that the cost would be reflected on their 1979-80 budget year. Discussion followed on the amount of money that would be lost on interest during the period. May 9, 1978 Page 5 Motion by Heintz, seconded by Hentges, that the Mayor and City Manager be authorized to enter into contract as amended with the Herringers and the School Board for the payment of improvements to the Cheery Heights property. Roll Call: All Ayes 3. Appointments to Boards and Commissions Mayor Nawrocki noted that the City Attorney has brought up the subject of an appointment of a chairman to the Insurance Commission several times in the past and is again requesting the appointment be made. Councilman Norberg suggested the City Manager contact the three people who are potential candidates to find out if they are still interested. It was noted that none of the three live in Columbia Heights. City Attorney Kalina briefly described the duties of the chairman and discussion followed on the chairman's compensation. NEW BUSINESS: 1. Award of Bids A. Award of Bid for Four Inch Synthetic Fire Hose - Mayor Nawrocki noted that the Fire Chief has recommended the purchase of 800 feet of 4" synthetic hose. Motion by Hentges, seconded by Logacz, that the Mayor and City Manager be authorized to enter into agreement with Oswald Fire Hose in the amount of $3,853.35 for the purchase of 800 feet of 4" synthetic hose and couplings based on informal responsive bids taken for this item. Discussion followed on the disadvantages of this type of hose. Motion by Heintz, seconded by Norberg, to table this matter until the next regular meeting when the Fire Chief can attend to answer the questions of the Council. Roll Call: All Ayes B. Award of Bid on Truck Cab Enclosures - The City Manager reported that two bids were received. Motion by Norberg, seconded by Hentges, that the bid of Kolstad Company be accepted and the Mayor and City Manager be authorized to enter into contract with same to include the canopy and cab enclosure, the light installation, and the heater and defroster option to the existing City fire truck based on low competitive informal bid. Discussion followed on which items were included in the bid and which were to be completed by the City staff. Motion by Heintz, seconded by Norberg, to table this item until the next regular meeting when the Fire Chief can be present to supply additional information. Roll Call: All Ayes May 9, 1978 Page 6 2. Policy Regarding Damage to Private Property City Manager Bocwinski reported that a request for payment of $200 for damage that was done to private property along an easement at the time repair work was done to the utility brought about this policy request. He recommended a policy to the Council. Motion by Norberg, seconded by Hentges, that the City and Council establish a policy of not reimbursing for damage to private property resulting from water main breaks, sanitary sewer Tine backups, storm drain ruptures, and/or in repair of such situations where it is not liable. City Attorney Kalina pointed out that the City policy may be quite different from the legal liability. He stated that it would be a good policy for the City to restore the property that was damaged even if the City is not responsible to. Councilman Norberg stated that many citizens erect buildings on easements without permission and he doesnlt feel the rest of the residents should have to pay to reimburse damage to these. He would like each case to be judged by the Council. Discussion followed on the feasibility of having the Council review each case. Motion by Heintz, seconded by Logacz, to table this matter until the next regular meeting so the Council can read the City Attorney's letter and pending additional information being received. Roll Call: Logacz, Heintz, Hentges, Nawrocki - Aye Norber9 - Nay 3. Request for Street Light at 42nd and Fillmore Street Councilman Norberg questioned why the present [)ark lights cannot be redirected. Discussion followed on the request. Motion by Heintz, seconded by Hentges, that the installation of a street light at 42nd and Fillmore be authorized. Roll Call: Logacz, Heintz, Hentges, Nawrocki - Aye Norberg - Nay 4. Reclassification of Accountant Position and Change in Salary Range City Manager Bocwinski stated that he is recommending that the salary range be changed and that the job classification be changed, the reason being that Bob Kolb, City Accountant, has resigned and the City will be recruiting for a replacement. He stated that he has plans for the finance function which the new person would have to fit into. Motion by Norberg, seconded by Heintz, to table this until the next regular meeting for purpose of obtaining additional information. May 9, 1978 Page 7 Mayor Nawrocki reminded the Council that Mr. Kolb is leaving and this moves up the timetable. He added he hoped that the Council could consider this now because of the time element involved. Councilman Heintz asked to see a job description and the Metro Job Survey recommended salaries. The City Manager stated that he has these items but would not object to waiting until the next meeting to discuss the matter further. Roll Call: All Ayes 5. Appraisal for Lots #49 and #50 at 42½ Avenue City Manager Bocwinski reported that this item is to ask the Council to authorize him to seek appraisals on lots #49 and #50 at 42½ Avenue. Three people have expressed an interest in buying the property. Motion by Logacz, seconded by Nawrocki, that the City Manager be authorized to obtain appraisals on lots #49 and #50 at 42½ Avenue. Councilman Heintz asked the City Manager to prepare a list of all the lots the City owns. Motion by Heintz, seconded by Logacz, to defer further consideration of this matter until additional information as requested detailing other City-owned lots is presented to the Council. Roll Call: All Ayes OTHER OLD AND NEW BUSINESS: 1. Southwest Park Building The Mayor stated that he had received a letter from Sheehy Construction dealing with the building at Southwest Park and asking for a response from the City on their request for payment for hardware which was not included in the specs but needed for the building. Motion by Heintz, seconded by Logacz, to direct the City Manager to further investigate this matter and report back to the Council on the Southwest Park shelter building. Roll Call: All Ayes 2. Columbia Heights Float Councilman Heintz stated that in March the City sent Pat Olynyk a check for $370, of that $275 was for last year's float and $95 was for the Winter Carnival registration. She is now asking for $500 to finance the activities for this year. Motion by Heintz, seconded by Logacz, to authorize $500 for the Miss Columbia Heights program as a promotional expense for the community. Roll Call: Logacz, Heintz, Hentges, Nawrocki Norberg - Abstains Aye May 9, 1978 Page d 3. EDA Grants Mayor Nawrocki pointed out that Anoka County has received its EDA certification making the City eligible for an EDA grant. This could be used for Central Avenue redevelopment. He asked the City Manager to work with the HRA to do whatever they can to obtain EDA funds. Motion by Hentges, seconded by Logacz, that the City Manager be authorized to pass on the information of Anoka County EDA grant possibilities for funding of the downtown area of Columbia Heights to the HRA to review and make recommendations. Roll Call: All Ayes 4. Council Recording Equipment Councilman Norberg stated that he is not ready as yet to make a recommendation for recording equipment for the Council Chamber. He stated that he will have proposals from two major suppliers shortly. 5. Recognition Night Councilman Heintz asked what the Council thought of having a night out for all the people serving the community on the Boards and Commissions. He suggested having it sometime after Labor Day. The Mayor suggested including employees for service recognition. Motion by Heintz, seconded by Norberg, to authorize an appreciation night for members and spouses or guests of various Boards and Commissions in the City (to exclude the Insurance Commission as they are financially compensated). Roll Call: All Ayes Motion by Heintz, seconded by Norberg, to authorize the Council Secretary to look into service award recognition for full time City employees. Roll Call: All Ayes 6. 53rd Avenue Signing Councilman Hentges reported that the Highway Department now states that the island planned for 53rd at Central cannot be installed. The street will be painted as a turning lane. Discussion followed on the new street signs and markings. Motion by Norberg, seconded by Hentges, that the City Manager be requested to contact the City of Fridley with respect to the determination of the signing and laning of 53rd Avenue and Central Avenue as expressed by the Traffic Commission and to ask that they contact the Highway Department and request that they comply. Roll Call: All Ayes May 9, 1978 Page 9 CITY MANAGER REPORTS: Property on 42nd Avenue Owned by John Moneta - The City Manager asked the Council for direction. Discussion followed on the alternative methods of solving the problem of Mr. Moneta's soil eroding onto City-owned park land and extent of Mr. Moneta's liability. Motion by Heintz, seconded by Hentges, to support the City Manager's contentions in this matter. Roll Call: Logacz, Heintz, Hentges, Nawrocki - Aye Norberg - Nay Rahrendorff vs. City of Columbia Heights - City Manager Bocwinski reported that this was settled out of court. Mayor Nawrocki stated that he hoped that this would not defer the City from a fireworks display this year. LICENSES Motion by Heintz, seconded by Logacz, that licenses as listed be granted upon payment of proper fee except for the beer license for Frank Pastuszak for the softball tournament at Huset Park and that there be no waiving of the fee for Frank Pastuszak for a food license at Huset Park. Roll Call: Logacz, Heintz, Hentges, Nawrocki - Aye Norberg - Nay Motion by Heintz, seconded by Hentges, that the beer license request of Frank Pastuszak for Huset Park for a softball tournament be denied. Councilman Hentges stated that the proper certificate of approval from the Park Board had not been presented. Roll Call: All Ayes CHECK #25299 The City Manager reported on the supporting data for the HRA bill which had not been approved at Monday nightls meeting. The bill was for a secretary's overtime. Motion by Hentges, seconded by Logacz, that the bill covered by check #25299 to the Columbia Heights HRA be paid out of the proper fund. Roll Call: Logacz, Hentges, Nawrocki - Aye Heintz - Abstain Norberg - Nay Motion by Heintz, seconded by Norberg, to adjourn at 1:57 a.m. Roll Call: All Ayes Secretary Bruce G. Nawrocki, Mayor