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HomeMy WebLinkAboutApr 23, 1979OFFICIAL PROCEEDINGS REGULAR MEETING OF THE CITY COUNCIL CITY OF COLUMBIA HEIGHTS, MINNESOTA APRIL 23, 1979 The meeting was called to order at 8:05 p.m. Roll Call: Logacz, Heintz, Norberg, Hentges, Nawrocki - Present INVOCATION The invocation was given by Rew~rend McEachern of Oak Hill Baptist Church. MINUTES OF PREVIOUS MEETINGS Motion by Hentges, seconded by Heintz, to approve the minutes of the regular meeting of April 9, the special meetings of April 16, and the April 9 meeting of the Fire Department Relief Association Board of Trustees as submitted in writing and reading be dispensed with. Roll Call: All Ayes ORAL PETITIONS Mr. Don Alain, 12942 Baltimore St. N.E., Blaine, was representing his mother, 1306 46th Ave. N.E., and other neighbors at 1303 & 1309 45½ Ave. and 13OO 46th Ave. in asking that the storm drainage project plan for the area be cancelled or deferred as there are too many questions that are still unanswered. He has talked to neighbors and stated they are now against the project because of the costs involved. Mr. Desmond Zdon, 1321 45½ Ave., stated his concern with the water problem in the area if another pipe would be installed as the existing pipes cannot handle the water runoff during a heavy storm at present. The City Manager stated that the angle of Mr. Zdon's driveway is part of the problem and doesn't feel the additional drainage will affect his property. Discussion followed on the size of the drain- pipes and the amount of water they are designed to handle. Mayor Nawrocki stated that this matter went through the public hearing process and was approved based on the discussions at that time. Bids were taken and awarded. Discussion followed on the placement of the manhole on the Alain property. Mayor Nawrocki asked the City Manager for the information on the cost estimates given versus what the project costs will be at this time. George Brown, City Engineer, reported that the actual construction costs awarded were $500 below the estimate given at the hearing. $3,129 will be assessed to the neighbors and the additional $2,058 for sewer construction will come from the storm sewer improvement fund. Mayor Nawrocki suggested Mr. Alain meet in another room with George Brown to discuss these matters and come back later in the meeting. Florence Todd, 2312 St. Anthony Parkway, asked to have her license application approved at this time. April 23, 1879 Page 2 Motion by Heintz, seconded by Norberg, that all license applications as listed be granted upon payment of the proper fees and noted the license for The Clothes Den at: 3853 Central has the approval of the Fire and Police Departments. Roll Call: All Ayes REIMBURSEMENT FOR WATER SERVICE LINE REPAIR AT 3800 HAYES STREET The City Manager stated that Don Jolly, Sewer and Water Department Superintendent, concurs that Mr. Nelson, 3800 Hayes St. N.E., be reimbursed for the expenses incurred to repair the water leak at his property. Mr. Nelson explained what caused the leak and why it wasn't fixed earlier. Councilman Norberg asked why the copper pipe corroded before the iron pipe as this is not the normal situation. Discussion followed on the process of corrosion as it affected the pipes at 3800 Hayes St. The City Manager is recommending that the City not be responsible for the damage to the driveway, only for the $5/t9.05 to repair the water leak. Councilman Norberg stated that it is extremely doubtful whether the City has any liability at all in this matter and he is concerned with the precedent it would set. City Attorney Kalina stated that this doesn't obligate the City, the precedent is one of policy. Counc[]man Heintz stated that if the City pays for part of the work, they should be responsible for all the damages incurred. The City Manager answered that the driveway should not be paid For as it was con- structed improperly over the stop box. Motion by Logacz, seconded by Hentges, to reimburse Mr. Nelson, 3800 Hayes St. N.E., for the cost of repairing the plumbing leak in the amount of Councilman Norberg stated he believed the motion to repay the S5a8.05 is consistent with the City's past policy. Discussion was held on whether or not the payment would release the City from any further liability for driveway repairs. The City Attorney stated he would like this contingency made a part of the motion. Maker and seconder of the motion agreed to add this wording to the motion. The new motion reads as follows: Motion by Logacz, seconded by Hentges, to reimburse Mr. Nelson, 3800 Hayes St. N.E., for the cost of repairing the plumbing leak in the amount of $5~9.05, contingent upon the condition that he will not have any liens against the City in regards to fixing the driveway. Roll Call: All Ayes RESOLUTION ON BICYCLE SAFETY GRANT Councilman Norberg stated there are too many people riding bikes without lights. He asked if there will be something done to enforce this law. Officer Larry Klink, Bike Safety Coordinator, answered that the purpose of the grant is to enforce the laws and bring people into a training situation. April 23, 1979 Page 3 RESOLUTION 79-17 BE IT RESOLVED that the City of Columbia Heights enter into an agreement with the State of Minnesota, Department of Public Safety for the following purpose, to-wit: To reimburse the City for monies spent for approved activities in connection with project grant number 79-03-04 for the promotion of bicycle safety. Be it further resolved that the Mayor of the City and City Manager be and they hereby are authorized to execute such agreement. Offered by: Norberg Seconded by: Heintz Roll Call: All Ayes REIMBURSEMENT OF FUNDS FOR DOWNTOWN DEVELOPMENT EXPENSES The specific expenses are for legal fees and appraisal of land in the downtown development area in the total amount of $5,446.10. Motion by Hentges, seconded by Logacz, to authorize the expenses. Councilman Norberg stated it was his understanding that these funds were for capital expenses, he doesn't feel attorney's fees fit the purpose and wanted to register his objection. He added the City already supports the downtown develop- ment in the budget and he doesn't see why this should be added. Mayor Nawrocki commented that this cost may be reimbursed out of the specific funds generated for the project if it goes through. Roll Call: Logacz, Heintz, Hentges, Nawrocki - Aye Norberg - Nay PUBLIC HEARING DATES FOR CDBG PROGRAM Roger Jensen, HRA Director, not:ed that HUD requires the City to hold public hearings on the projects they will be working on the following year under the Community Development Block Grant program. He asked to set dates for the two hearings. Mayor Nawrocki called special meetings for 7:45 p.m. on May 14 and 7:00 p.m. on May 29 to discuss the proposed use of the CDBG monies for the second year of the program. The Mayor reported that he and Roger Jensen went to the EDA Regional Office in Chicago today regarding the funding for the parking ramp at 4Oth and Central. He summarized the Council's work on the project to date and stated there is reason for a degree of optimism that the City will receive between 50 and 1OO% of the required funding. Mr. Jensen added that this will have a significant impact on the downtown development project. April 23, 1979 Page ~t PLANNING AND ZONING RECOMMENDATION: l. John Miller, 5001 University Ave. Request for Subdivision Mr. Miller stated that it amounts to .5 feet that would be deeded from one property to another to eliminate this space being ]eft between the two buildings. Discussion followed on the lot lines in question. Motion by Norberg, seconded by Logacz, that the lot subdivision request be granted. Roll Call: All Aves RECESS at 10:15 p.m. RECONVENE at 10:30 p.m. Discussion continued on Mr. Alain's request to discontinue the project at ~5~ Ave. N.E. He stated he had his questions answered by George Brown as they pertain to the cost of the project but he still doesn't believe the project should proceed because the City Engineer recommended that it not be done originally, and now three our of four neighbors don't want the project to proceed. Counci]man Norberg asked george Brown for a comment on the statement that he recommended against the project. George Brown answered that at the time of the public hearing, because the costs were getting higher, he thought the money should be spent on getting the retaining wall taken care of instead. Councilman Norberg asked if he would still recommend against the project at this time and Mr. Brown answered that he would. Councilman Hentges stated that the City should proceed with the project because the problem of Flooding will just keep coming back in the future. Mayor Nawrocki stated that if the Council wants to change anything they would have to direct the City Manager to hold up on the work to reopen the hearing to allow the Council to make a decision other than the one already made. Motion by Norberg, seconded by Logacz, to reopen the hearing dealing with storm drainage project between ~5~ Ave. and ~6th Ave. in the 1~00 block and that the City Manager be directed to hold the signing of the contract in abeyance. Roll Call: Logacz, Norberg - Ave Heintz, Hentges, Nawrocki Nay Motion fails. SECOND READING OF ORDINANCE 900 Motion by Hentges, seconded by Heintz, to waive the reading of the ordinance as suffic:ient copies were available for the public. Roll Call: All Ayes ORDINANCE 900 BEING AN ORDINANCE RELEASING A TEMPORARY CONSTRUCTION EASEMENT OVER AND ACROSS PART OF LOT NINE (9), BLOCK ONE RESERVOIR HILLS, ANOKA COUNTY, MINNESOTA. April 23, 1979 Page 5 The City Council of the City of Columbia Heights Does Ordain: Section 1: The City of Columbia Heights does release the portion of that certain easement dated February 21, 1968, from Carl F. Sorensen and Catherine M. Sorensen, husband and wife, to the City of Columbia Heights, a municipal corporation, described as follows, to-wit: A temporary slope and construction easement over and across the south fifty (50) feet of that part of Lot Nine (9), lying south of the north one hundred thirty (130) feet thereof, Block One (1), Reservoir Hills, Anoka County, Minnesota. Section 2: The City of Columbia Heights shall retain the portion of the aforementioned easement described as follows, to-wit: An easement for public road purposes and installa- tion of utilities thereunder as may be determined necessary by the grantee, over and across the south thirty (30) feet of that part of Lot nine (9) lying South of the North one hundred thirty (130) feet thereof, Block One (1), Reservoir Hills, according to the duly recorded map or plat thereof, on file and of record in the office of the County Recorder in and for Anoka County, State of Minnesota. Section 3: The Mayor and City Manager are herewith authorized to execute any documents necessary to release the said easement. Section 4: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. Offered by: Logacz Seconded by: Norberg Roll Call: All Ayes LETTER FROM SILVER LAKE PROPERTY OWNERS ASSOCIATION The City Manager stated that he has asked the Recreation Director and Park Director to review the matter of the owners concern for the safety of swimmers who are using the same areas as people in power boats. Tom Rejzer, Assistant Park Superintendent, stated that the Ramsey County Sheriffls office has been notified and will be sending a list of suggested recommendations to the Property Owners Association. Motion by Heintz, seconded by Norberg, that the matter of the letter from the Silver Lake Property Owners Association of April 10 be referred to the Park Board for review and recommendations back to the Council. Roll Call: All Ayes April 23, 1979 Page 6 LETTER FROM MINNESOTA POLLUTION CONTROL AGENCY This letter is to notify the City of the MPCA's responsibilities in reviewing, approving, and seeking the Governor's certification of the Metropolitan Council's 208 Plan. This may affect the City in the Jackson Pond area. Mayor Nawrocki noted that the City Manager might want to get some additional informa- tion on this study and its possible impact on the City. REPORT ON TAX FORFEIT PARCELS The Mayor noted that this should be postponed because of the lateness of the hour. PARA-TRANSIT The City Manager noted that several possibilities have been brought out for future handling of the program. He suggested that the City continue the public relations using staff in terms of representing the Council and meeting with organizations to speak to the benefits of the program. CETA TRAININg REPORT In order to be eligible for further CETA funding, the City must provide training for its CETA employees. The City put together a program which the County has approved. Councilman Norberg stated he doesn't like the program and he especially doesn't like the assertiveness training part of the program. Discussion followed on the type of training being provided and its possible benefit to the employees. Mayor Nawrocki noted that in spite of what this project includes, it is probably better than discontinuing the program. Motion by Logacz, seconded by Hentges, that the Council concur in the training program for CETA employees as presented by staff. Roll Call: Logacz, Hentges, Nawrocki - Aye Heintz, Norberg - Nay ACCOUNT AT MARQUETTE STATE BANK This is an item from the last Council meeting. The bank has responded that the City would have to keep a balance of $21,O00 to avoid being charged for services. The alternative would be to cancel the account. Mayor Nawrocki noted the Council has indicated that they would like both banks (Marquette and Northeast) treated equitably and doesn't feel the Council has to indicate anything further. Council- man Norberg stated that the City should do its business in the most advantageous method that it can and if this means keeping both checking accounts in one bank, this is what should be done. CITY HALL ADDITION Motion by Heintz, seconded by Hentges, to deny the request for the installation of speak holes in the receptionist and county clerk windows. April 23, 1979 Page 7 Councilman Norberg recommended that the Council consider the alternative of buying a speaker system. Roll Call: Heintz - Aye Logacz, Norberg, Hentges, Nawrocki - Nay Motion fails. Motion by Hentges, seconded by Logacz, to authorize the purchase of the speaker system for the receptionist's window. Roll Call: Logacz, Norberg, Nawrocki - Aye Heintz, Hentges - Nay Motion by Hentges, seconded by Heintz, to waive the ll:30 rule to continue the meeting until completion of the agenda, to include approval of new business taken up since 1]:30. Roll Call: Heintz, Hentges, Nawrocki - Aye Logacz, Norberg - Nay Motion by Heintz, seconded by Logacz, to authorize the Mayor and City Manager to enter into contract with Sign Service Inc. for interior signs in an amount not to exceed $1,OO0.OO. Roll Call: Logacz, Heintz, Norberg, Nawrocki - Aye Hentges - Nay Motion by Heintz, seconded by Logacz, to authorize the purchase and placement of two exterior wood signs from Park signs at a total cost of $435.00, not to include installation. Roll Call: Logacz, Heintz, Nawrocki - Aye Norberg, Hentges - Nay Motion by Heintz, seconded by Hentges, to deny the request for authorization to purchase garage doors for the Police garage. Counciiman Norberg pointed out that the job should be finished and the doors are necessary. Rol1 Call: Heintz, Hentges - Aye Logacz, Norberg, Nawrocki - Nay Motion fails. Motion by Norberg, seconded by Logacz, to authorize the City Manager to execute the change order for two lO' x 9' garage doors not to exceed $330. Roll Call: Logacz, Norberg, Nawrocki Heintz, Hentges - Nay Aye April 23, 1979 Page 8 APPRAISAL OF CITY PROPERTY Motion by Norberg, seconded by Logacz, to award the bid on appraisal of City owned property and fixed assets to American Appraisal Company, based upon iow, responsible bid received in the amount of SQ,500. Roll Call: All Ayes BIDS ON TREE PLANTING Motion by Logacz, seconded by Norberg, to authorize the City Manager to call for bids on furnishing and planting of trees on public property for the year 1979, said bids to be opened at 2:00 on Friday, May 11 with a report to the following Council meeting. Roll Call: All Ayes EMPLOYEE PROMOTION The City Manager reported he is recommending the promotion of the switchboard operator to the utility billing/liquor accounting clerk position. No action is required. There was one salary merit increase recommended. No action is required, the adjustment will go into effect administratively. Councilman Hentges questioned why the Senior Police Technician's increase was recommended to be retroactive to January 22 and not January 1. The City Manager answered that as of January 1 the employee was a union member and effective January 22 he was no longer part of the bargaining unit. Therefore, this is the earliest period of time at which this could take effect. The Mayor asked if it was the City Manager's prerogative to handle this matter and indicated that January will be the effective date because this position did not get the consideration that all the other positions did at that time. The City Attorney answered that administratively this comes before the Council and they have the prerogative of setting salaries. The Mayor's recommendation would automatically go into effect unless the Council takes another action. Councilman Heintz asked how the Council could give the employee the salary increase before the time when his promotion became effective. The Mayor noted that the employee had a promotion plus the setting of the salary which took into account the individual's set of circumstances which included the fact that he did not get a cost of living increase on the first of the year. Discussion continued on the dates and when he would qualify for the new salary. Mayor Nawrocki ruled that January ] would be the date of the salary increase. Motion by Heintz that the salary doesn't go into effect until March 26, the day the employee was appointed to the position. Motion dies for lack of a second. April 23, 1979 Page 9 AWARD OF BID ON PLAYGROUND STRUCTURES Motion by Logacz, seconded by Hentges, to award the bid on playground structures to Landscape Structures in the amount of $6,725.00 based on low, responsible bid and the Mayor and City Manager be authorized to enter into contract for same. Discussion on why the bid was recommended to the highest bidder and not the lowest. Motion by Hentges, seconded by Norberg, to return the matter to the Park Depart- ment for further consideration and justification on why the lowest bidder wasn't recommended. The Mayor noted that the Park Department had a long discussion on the matter at its last meeting. The equipment being supplied is not the same from the two companies. Councilman Norberg stated he thinks the right thing to do is to throw out the bids and buy this as a proprietory item. Maker and seconder offered the following substitute motion: That the Council find that the structures are unique in design, that they are not biddable as such, and that the bids as presented here be rejected. Roll Call: All Ayes Motion by Heintz, seconded by Logacz, to award the purchase of the playground structure to Landscape Structures in the amount of $6,725.00 on the Park Board recommendation and authorize the Mayor and City Manager to enter into contract for same. Roll Call: Logacz, Heintz, Hentges, Nawrocki - Aye Norberg - Abstain BID ON PARK SHELTER Motion by Heintz, seconded by Logacz, to award the bid on the park shelter to Belson Manufacturing Company in an amount of $4,809.75 based on low, informal responsible bid received and the Park Board recommendation. Roll Call: All Ayes SEWER DEPARTMENT - MISCELLANEOUS MATERIALS Motion by Heintz, seconded by Norberg, to authorize the City Manager to expend up to $1,766.02 for miscellaneous materials for the Sewer Department, as per Don Jolly's memo of April 19. Roll Call: All Ayes EXPENDITURE FOR EMERGENCY REPAIRS FOR STREET SWEEPER Motion by Heintz, seconded by Hentges, to authorize the emergency repairs on the street sweeper in the amount of $678.20. Roll Call: All Ayes April 23, 197_9 Page 10 CITY MANAGER'S REPORT Motion by Heintz, seconded by Logacz, to authorize proceeding with the plans for the staff Christmas party. Roll Call: All Ayes The City Manager stated that he is preparing items that are being undertaken by staff as major objectives for 1979-S0. One item is reviewing the further use of data processing. Mayor Nawrocki stated he had a policy statement relative to charges for information on property to real estate agents. He stated he cannot understand charging an individual resident for information on his property although he can agree to charging real estate agents. The City Manager pointed out that individual residents will not be charged for the information requested on their own homes. The intent is to charge only agents. The Mayor asked the City Manager for further information. Councilman Norberg asked how much has been spent on the Downtown Development year-to-date, total, and how much more the City can expect to spend. The City Manager will get the information for him. The Mayor asked if the 304 for engineering expenses is included in one of the construction projects approved for this year. He stated his concern that the City may have authorized bids that exceeded the 204 over budget limit without calling for a reopening of the public hearing to inform the people involved. The City Manager stated he will have a report on this tomorrow. Mayor Nawrocki stated that he would call a special meeting if this was the case. CITY ATTORNEY'S REPORT The City Attorney stated that there is a bill in a legislative committee dealing with funding provisions of the Fire Department Volunteer Division. His office will keep informed of the matter. He stated that the property next door to City Hall is at the point where it could be sold. Motion by Hentges, seconded by Norberg, to authorize the City Manager to call for bids for the removal of the house west of the City Hall. Roll Call: All Ayes PAYMENT OF BILLS Motion by Heintz, seconded by Hentges, that bills as listed be paid out of proper funds. Councilman Norberg questioned bill '31129 for S550.22 to A g A Har&~are because he questioned the purchase policy. He also asked about -"31144 to the HRA which is a bill for S7,~49.OO. April 23, 1979 Page 11 Roll Call: Logacz, Heintz, Hentges, Nawrocki - Aye Norberg - Nay ADJOURNMENT Motion by Heintz, seconded by Norberg, to adjourn at 1:45 a.m. Roll Call: All Ayes Bruce G. Nawrocki, Mayor Council Secre'ta ry