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HomeMy WebLinkAboutMar 26, 1979OFFICIAL PROCEEDINGS REGULAR HEETING OF THE CITY COUNCIL CITY OF COLUMBIA HEIGHTS, MINNESOTA MARCH 26, 1979 The meeting was called to order at 8:07 p.m. Roll Call: Logacz, Heintz, Norberg, Hentges, Nawrocki - Present INVOCATION The invocation was given by Pastor Walter Wahl of First: Lutheran Church. MINUTES OF PREVIOUS MEETINGS Motion by Hentges, seconded by Norberg, to approve the minutes of the regular meeting of March 12 and the special meeting of March 19 as submitted in writing and the reading be dispensed with. Roll Call: All Ayes ORAL PETITIONS Councilman Heintz asked why the Council packets containing the meeting agenda and backup materials wasn't received until Sunday instead of Friday night as usual. The City Manager explained that he had not been aware that the materials hadn't been sent out until Sunday, at which time he picked up the material from City Hall and delivered it. He added that there had been a mix up and he will try to insure that it doesn't happen again. Mr. Dean Goetz stated he was representing several residents on Jefferson and Madison Streets between 43rd and 44th in the matter of an alley between these streets. This has been before the Council many times in the past and he is bringing it up again to see if it would be possible to have the alley installed at this time. Some of the affected neighbors were present. Mayor Nawrocki questioned if a majority of people on the block were interested or just the four residents listed by Mr. Goetz. Mr. Goetz answered that there probably would be others in favor of the alley. The Mayor stated the procedure is that a public hearing be held to discuss the assessment. In the past this has been where problems have arisen. Motion by Hentges, seconded by Norberg, that the City Manager be authorized to advertise for a hearing for an alley opening for April 16 at 7:00 for the area between Jefferson and Madison between 43rd and 44th Avenues. Councilman Ncrberg asked if a petition had been submitted by the residents. George Brown, City Engineer, answered that there was a petition on record from some years ago. Councilman Norberg asked that it be found and submitted to the Council. Roll Call: A!l Ayes March 26, 1979 Page 2 A representative from the Lions Club was present to express an interest in the license for the Hildebrand Carnival as part of their Jamboree being held in June. Motion by Heintz, seconded by Logacz, to grant the license upon payment of proper fee. Roll Call: All Ayes ORDINANCES AND RESOLUTIONS: 1. First Reading of Ordinance 871 Regarding Overtime Parking Motion by Norberg, seconded by Heintz, to ~,Jaive the reading of ordinance 871 as sufficient copies were available to the public. Roll Call: All Ayes ORDINANCE No. 87i BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, RELATING TO OVERTIME PARKING The City Council of the City of Columbia Heights does ordain: Section l: Section 7.205(13) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, currently reserved, shall hereafter read as Follows, to-wit: "No automobile, motor vehicle, recreational vehicle or trailer may be parked or ]eft unattended on any public road or parkway within the City of Columbia Heights at any time between the hours of 2:00 a.m. and 6:00 a.m. without a parking permit issued by the Chief of Police or his designated representative." "The Chief of Police may only issue such permits to applicants only upon the following conditions: (a) No more than five (5) such requests in any calendar month may be made for the same address. (b) The Chief of Police determines that the issuance of such permit will not impede the plowing or removal of any snow, ice or waste from such public road or parkway. (c) The permit will only allow the parking of vehicles at such locations as is designed by the Chief of Police. (d) The permit may be revoked by the Chief of Police if the Chief of Police later discovers that the subject vehicle will impede the plowing or removal of snow, ice, or waste from the location of the vehicle; provided, however, that the Chief of Police shall give notice of such revocation by posting a notice to that effect on the subject vehicle for not less than two (2) hours. March 26, 1979 Page 3 (e) No permit shall be valid for a period in excess of four (4) hours. (f) No permit shall be valid unless clearly displayed upon the per- mitted vehicle. Any act of the designated representative of the Chief of Police shall be construed as the act of the Chief of Police for purposes of this Section 7.205(13)." Section 2: Section 7.301(3) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, currently reserved, shall hereafter read as follows, to-wit: "No vehicle may be impounded solely because it is parked in such a manner as to constitute a violation of Section 7.205(13) except: (a) between 2:00 a.m. on November 1 and 6::00 a.m. on April 15 of the next succeeding year, and (b) at least three and one-half inches (3-1/2") of snow has accumulated within the travelled portion of any roadway at any point not greater than fifteen feet (15') from any part of the subject vehicle. Section 3: This ordinance shall be in ful] force and effect from and after September 4, 1979. Mayor Nawrocki explained that the second reading will constitute a public hearing which will take place at the next regular Council meeting of April 9. Second Reading of Ordinance 899 Regarding Sale of Tax Forfeit Property Motion by Norberg, seconded by Hentges, that reading of ordinance 899 be waived as sufficient copies were available to the public. Roll Call: All Ayes ORDINANCE 899 BEING AN ORDINANCE SELLING PART OF LOT 2, BLOCK 1, TEMPLE TERRACE PLAT THREE The City Council of the City of Columbia Heights does ordain: Section l: The Mayor and City Manager are herein authorized to sell and deliver to Roger Hegna a Quit Claim Deed to the following described real estate, to-wit: The South Fourteen (14) feet of Lot 2, Block l, Temple Terrace Plat Three, Anoka County, Minnesota March 26,, 1979 Page 4 Section 2: The purchase price shall be $600.00 and other good and valuable consideration. Section 3: The City of Columbia Heights shall deliver no warranties of title to said real estate. 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: Heintz Councilman Norberg asked if the City Attorney believed that the City had negotiated everything properly and if this represented what the Council intended. The City Attorney answered that it did, Councilman Hentges asked what assurance the City had that this property would be tied to the rest of the parcel. The City Attorney answered that Mr. Hegna stated his intention to do so as he will be building a garage on the property. Councilman Hentges asked if the City had any use for the property and George Brown answered that it had not, Roll Call: All Ayes 3- Reconsideration of Ordinance Establishing Change in Zoning Crestview Lutheran Nursing Home Property The City Manager stated that if the Council wished to reconsider this ordinance, now was the time. Councilman Logacz asked how much the total payment in lieu of taxes from Crestview would be and whether it would be calculated as a total project or on a per unit basis. The City Manager answered that the payment is dependent upon the value of the finished project; that this would be approximately 512,000. Mr. Tom Paul, Administrator of Crestview, stated that the Crestview Board feels comfortable with the decision. Motion by Logacz, seconded by Norberg, to authorize the Mayor and City Manager to enter into the memorandum of understanding dealing with Crestview. Roll Call: All Ayes Resolution Regarding Salary of the City Manager RESOLUTION 79-12 BEING A RESOLUTION ESTABLISHING A SALARY FOR THE CITY HANAGER BE IT RESOLVED by the City Council of the City of Columbia Heights: That the salary for the position of City Hanager be established at the annual rate of $33,000.00. Said rate shall be effective on the annual anniversary date of the employee holding such position. Passed this 26th day of March, 1979. Offered by: Heintz Seconded by: Norberg Roll Call: All Ayes March 26, 1979 Page 5 5. Resolution Regarding Police Salaries The City Manager reported that local #320 and Metropolitan Area Management Association have reached an agreement setting the salaries for the patrolmen from January l, 1979 to December 31, 1980. The increase is in line with the President's guidelines. RESOLUTION 79-13 BEING A RESOLUTION ESTABLISHING THE SALARY AND FRINGE BENEFITS SCHEDULE FOR POLICE PATROL OFFICERS FOR 1979 AND 1980 BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, that WHEREAS, negotiations have proceeded between Local 320 Teamsters representing Police Officers of the City of Columbia Heights and the City Council's labo~ consultant and management bargaining team, and said negotiations have resulted in the mutually acceptable contract, and WHEREAS, a copy of said contract is available for inspection at the office of the City Clerk and is made a part hereof by reference, NOW, THEREFORE, BE IT RESOLVED that the contract as negotiated be and is hereby establ~shed as the salary and fringe benefit program for 1979 and 1980 for police o~ficers of the City of Columbia Heights represented by Local 320 upon signing of the contract documents by both union and City representatives. BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to execute this contract agreement. BE IT ALSO FURTHER RESOLVED that the reading in full of the actual contract be, and it is hereby, waived. Passed this 26th day of March, 1979. Offered by: Heintz Seconded by: Norberg Councilman Hentges asked what the percentage of the increase was and the City Manager responded that it was a little under 7% for ]979 and at 7% for 1980. Discussion followed on several of the issues which will be arbitrated and how they will affect the City during the next two years. Mayor Nawrocki briefly explained the process of binding arbitration, and stated that the Council has decided it is in the best interests of the City to go with binding arbitration and not allow the policemen and firemen to strike. Councilman Norberg noted that the Council is not voting to approve binding arbitration. Roll Call: All Ayes CO~MUNICATIONS: 1. Letter from Anoka County Regarding CETA Program The City Manager reported that CETA funding would be extended for one additional month. Tim Yantos, Administrative Assistant, reported on the background of the March 26, 1979 Page 6 CETA program termination date and stated a meeting was held last week to discuss the continuation of the program with several stipulations. Additional CETA positions may be available to the City under very stringent guidelines which the City must abide by if they wished to continue the program. Discussion continued on the different requirements of the program, proposed requirements under the new act, current CETA people and their jobs, training which would be required under the new program, and the possibilities for the City. Councilman Heintz asked for a report at the next meeting on what types of programs the schools offer for training and what type of training the County would accept. 2. AMM Bulletin Regarding Shakopee Sludge Farm A copy of a report on the standing of a lawsuit involving the City of Shakopee and the Metropolitan Waste Control Commission was distributed to the Council for their information. 3. All Terrain Vehicle Committee Minutes Minutes of the February 27 meeting were distributed for the Council's information. Letters Regarding Cable Service Territory The City Manager reported that he sent letters to the Minnesota Cable Communications Board stating the action of the City Council and the resolution that was adopted at its last meeting. He has received a response from the State indicating that they have noted the City's concerns and the name of the proposal will be Columbia Heights and Hilltop Cable Service Territory. Discussion followed on the economic feasibility of cutting the City off from the northeast area as proposed by Northern Cablevision, Inc. The Mayor noted that this might be a premature discussion as the Cable TV Advisory Committee is still in the process of forming the specs. No formal action was taken. 5. Letter from School Board Regarding Recreation $ Community Services Commission The City Manager stated this was to give the Council the benefit of amending its motion to classify certain Recreation Department positions. The School Board has recommended that the position salary changes become effective January ], ]980 instead of the Council's recommendation of 1978. Mayor Nawrocki noted that since the Schoo] Board doesn't agree with the Council's previous motion, no further action is required by the Council. The wage adjustments will become effective January l, 1980. OLD BUSINESS: 1. Informal Quotations on Portable Generator Motion by Heintz, seconded by Hentges, to authorize the City Manager to expend funds for the purchase of a portable generator, the Onan (Model Y2.SAJ-1P) from Flaherty Equipment Company in an amount of 9792.00. March 26, 1979 Page 7 Discussion followed on the specs as given to the bidders and whether this award would in effect change the specs. The specs were based on the Onan generator. Don Jolly, Water Department Superintendent, reported on the bidding process and the comparisons between the Kohler and Onan units. Motion by Norberg to amend the motion to change the award to the Kohler unit in lieu of the Onan unit. Motion dies for lack of a second. Councilman Hentges stated the reason he is going with the Onan model is because of previous experience with it. Roll Call: Logacz, Heintz, Hentges, Nawrocki - Aye Norberg - Nay 2. Payment of Architect Fees Tile City Manager explained that the architect has requested his final payment 'for the work on the City Hall addition. The City has been withholding $740 which is part of a $9,000 fee which the City agreed to pay for his services. There is work yet to be done regarding the remodeling of the old HRA offices. With this in mind, he recommended that the Council not pay the bill. Bob Diedrich, architect, stated that it has been five months since he has been paid and added that some of the problem has been the fault of the City. Councilman Heintz stated that since the City Hall project is not complete, he doesn't feel the architect should be made a final payment and added he believes that withholding some of the payment keeps a person more accountable. The Mayor stated he doesn't believe the City is responsible for the hold up in the remodeling work. Discussion continued on the method of getting the contractor to finish the project. Motion by Heintz, seconded by Hentges, to deny the request for final payment on the architectural fees at this time. Councilman Norberg stated he will vote against the motion because the architect needs the money and he might be out of business if he doesn't get it. The City would then have to deal with someone else to pick up the loose ends and they could not expect to do any better under those conditions. Ro;l Call: Heintz, Hentges - Aye Logacz, Norberg, Nawrocki - Nay Motion fails. Motion by Norberg, seconded by Logacz, to make final payment in the amount of $740 for the City Hall project. Councilman Logacz stated the City has to trust Mr. Diedrich to follow throL]gh with his promise to complete the project. Roll Call: Logacz, Norberg, Nawrocki Heintz, Hentges Nay Aye March 26, 1979 Page 8 NEW BUSINESS: ]. Platting of Property at 2nd Street Between ~2nd Ave. and University Ave. Representatives of Rodney Billman, Inc. made a presentation on the development of the parcel between ~2nd Avenue and University at 2nd Street. Councilman Heintz stated that the plan should be brought to the Planning and Zoning and their recommendation made to the Council. Discussion followed on the proposed access to the development, what the School Board originally planned as a design when they purchased the property, and the Planning and Zoning's concerns about the site plan. The Hayor stated that the City's concern is traffic flow throughout the development and police and fire access. Lengthy discussion continued on the original purpose for vacating the road and whether the planned development meets the ordinance requirements. The representative from Rodney Billman, Inc. stated that the plan was preliminary. Mayor Nawrocki restated that the matter of traffic control can only be considered when a specific plan is presented. The Planning and Zoning will have to review the p]an and make recommendations. Councilman Norberg stated that until he has advice from the Traffic Commission and the Planning and Zoning Commission he doesn't know whether the City should have 3rd Street or not and the Council shouldn't make any decision until then. RECESS at 11:00 p.m. RECONVENE at 11:17 p.m. 2. Shade Tree Subsidy Program The City Manager is recommending that the Council continue its policy of paying lO0)~ of the cost to remove diseased elm and oak trees from private property. Motion by Heintz, seconded by Logacz, to establish the policy of paying for 100~ of the eligible expenses incurred by private property owners for the removal of diseased elm and oak trees. Councilman Norberg asked if it would be wise to arrive at a fund that the City would be willing to devote to this instead of carte blanche. This would serve to limit the cost of the program to the City. He asked whether this could not be deferred for another month to find out how much the City will be getting from the State for the program. Motion by Norberg, seconded by Hentges, to table the motion. Roll Call: Norberg, Hentges - Aye Logacz, Heintz, Nawrocki - Nay Motion fails Roll Call on main motion: Logacz, Heintz, Nawrocki - Aye Norberg, Hentges Abstain March 26, lq~9 Page 9 3. Northwestern Bell Telephone Co. Request to Bury Cable Motion by Logacz, seconded by Heintz, to authorize the request of Northwestern Bell to bury a telephone cable along 53rd Avenue. Roll Call: All Ayes 4. Bids on 1979 Construction Projects Motion by Heintz, seconded by Hentges, to award the bid on 1979 construction projects to NDH, Inc in the grand total amount of $417,783.70 on the basis of low, responsible bid, and that the Mayor and City Manager be authorized to enter into contract For same. Discussion followed on the separate bids, whether they were as estimated, and whether they were tied together or could be authorized separately. Mr. Kocon, 3747 Buchanan St., summarized the problem with water that he has been experiencing over the past 16 years. A lengthy discussion followed on the bids and their costs. Mayor Nawrocki suggested alternative methods of dealing with the cost overrun on bid D, Lincoln and Buchanan Streets storm drain. He proposed establishing a policy of intent that the City would stick to the $160 quoted the residents and the additional costs above the $160 the City would pick up. Councilman Norberg stated that he isn't sure that the City erred originally in allowing the problem to develop. Councilman Hentges suggested adding approximately 10% to the Mayor's suggested $160 cost per homeowner for a new total of $180 as being a fair cost. Motion by Norberg to separate the question to consider the bids separately. Motion dies for lack of a second. Roll Call on main motion: Logacz, Heintz, Hentges, Nawrocki - Aye Norberg - Nay Motion by Heintz, seconded by Hentges, that the Council indicate an intent to limit the assessment of the back lot water drain project on Buchanan and Lincoln Streets between 37th and 39th to $180 per lot, that balance come from general City funds, and that this be a recommendation to the Council when they meet to consider assessments when the project is complete. Councilman Norberg suggested that this motion is unnecessary and out of order at this time. Roll Call: Logacz, Heintz, Hentges, Nawrocki - Aye Norberg - Nay March 2~S, ]979 Page 10 At 12:2!~ Mayor Nawrocki declared the ~seet ng recessed until 9:00 p.m., Tuesday, March 2]7. ? ! / V'.. /, Bruce G. Na~Jrocki, Mayor Council Secretary