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HomeMy WebLinkAboutAug 25, 1980REGULAR MEETING OF THE COLUMBIA HEIGHTS COUNCIL AUGUST 25, 1980 The meeting was called to order by Mayor Nawrocki at 8:00 P.M.. 1. Roll Call: Logacz, Heintz, Norberg, Hentges, Nawrocki--present 2. The Invocation was given by Councilman Norberg. Minutes of Previous Meetings Motion by Heintz, second by Hentges to approve the minutes of the August 11th City Council meeting as presented in writing, and the August llth Board of Trustees ~:;ting for the Volunteer Firefighters Relief Association as presented in writing, ?'!th the corrections as presented in writing; and that the reading be dispensed w;th. Councilman Hentges offered a friendly amendment to the motion for the minutes of the Special Meeting correcting his vote on the alley project for an improvement on the alley behind the 2000 block of Fairway Drive. He had voted to abstain. Roll Call: All ayes 4. Oral Petitions Mr. Thomas Oh)enkamp, 1325 44th Avenue, brought an issue to the Council that is of concern to him and many of his neighbors. He presented a letter to the Council bearing the names of many of the residents of his neighborhood stating their displeasure with the occupants of a home on 44½ Avenue. They have observed large numbers of people coming and going and have been bothered by excessive vehicular noise and loud music. A religious deprogramming program is operated out of this house, · . Mr. Ohlenkamp feels some of the conduct observed by the neighbors near the home is not tolerable and he has called the police. Tags have been issued for disturbing the peace but he feels this is not a very effective deterrent. The Police Chief advised hlm to always call the police when a dis- turbance occurs. The City Manager advised the Council that he will meet with the staff and have a report on this matter before the next Council meeting. He will also send a copy of the report to Mr. Ohlenkamp. 5. Continuation of Public Hearing for Backlot Drainage at 1029 42½ Avenue Graphs and pictures of the property in question were presented by the City Manager who gave a detailed explanation of the drainage problem that has occurred. He gave a brief recap of the proposed improvements, which are mostly a matter of cutting and fil)ing with grading and sodding. He listed the costs for this project including engineering and administrative costs totalling $4,356. Liability of the City, of the contractor and the former owner were discussed. In view of the high costs connected with this project, the Mayor had requested at the last meeting that other a)ternatives be explored. He requested this information from the staff again at this meeting. The staff referred to the other alternatives that they have investigated relative to this project and suggest that their proposa) would be the most cost- effective. The City Attorney restated what he had told the Council and the parties involved before. The City bears no )iability. He had advised the owner of the property, by letter, and verbally at the last meeting, that she should take action against the contractor. The City Building Inspector has talked to the contractor, inspected the property, and said the conditions of the building permit had been met. He was advised by the contractor, in a phone conversation, that some additional cutting was considered but permission by the adjoining lot owner was not granted. Councilman Norberg asked the City Attorney if the City has any authority to bring the contractor to these negotiations and was told it has none. The Mayor had hoped there would have been a meeting set up with all parties involved to informally discuss this matter by now. A spokesman for the owner of the property said the matter is still dealing with conflicting stories from the contractor and the neighbors. Recommendations by the staff were reviewed. Councilman Heintz expressed Counc i 1 Meet i ng page 2 August 25 a hope that all parties involved could get together with members of the staff to settle the problem. Motion by Norberg, second by Hentges to continue this hearing until the next regular Council meeting of September 8th. Roll Call: All ayes 6 Resolutions and Ordinances a. Second Reading of Ordinance # 926 Being an ordinance amending Ordinance # 853, City Code of 1977, conveying certain real property to Brad H.Rettke and Elizabeth Rettke. A portion of Rettke's house is situated on City property and in order to resolve their problem they had offered to purchase an eight foot strip. The possibility of reducing the eight foot strip to a five foot strip has been discussed at the last Council meeting. Mr. Gordon Jenson, attorney for the Rettkes, told the Council that the property had been sold to a Mr. Wolf. Mr. Wolf had expressed an interest ih buying more of the adjoining lot. Mr. Jenson, although he was representing the Rettkes, felt Mr. Wolf should secure representation and meet with the staff on his own behalf. Mayor Nawrocki explained the history behind the suggestion for a five foot strip being considered versus the orlginal request of an eight foot strip. Mr. Jenson had two reasons for appearing before the Council on this matter, the first being that the Rettkes would be agreeable to a five foot strip but they no longer are going to live on the property. Secondly, he felt the new buyer of the parcel, Mr. Wolf, should know exactly what is being proposed with the compromise proposal that has been suggested. The Mayor pointed out that the Council isn't really committed to any one proposal but wanted to be sure that all the alternatives for building on the remain- ing properties were protected. Motion by Norberg, second by Heintz to table for further consideration Ordinance #92 until the next regular meeting on September 8th. Roll Call: All ayes b. First Reading of Ordinance # 930 Being an ordinance amending Ordinance # 853, City Code of ]977,pertaining to the abolition of the ban on 2:00 am to 6:00 am parking from April to November Ord nance # 930 was read by the City Manager. ORDIKA3qCE N0. 930 BEINC AM ORDINANCE CODE OF 1977, PERT~NING TO ON 2:00 O'~ A.M. TO 6:OD O'~ A.H. P~NG -- The City Counc~! of the C~ty of Co]umb~a ]~e~ght~ do~s ordatm: Section Sect:~on 7.205(1/~) of Ordinance No. 853, ~lty Code of 1977, l~asse8 . 3ume 21, 1977, which reads as follows, to-wit: "Section 7.205{13) of th~s Code shal! mot be effect:Ire l~et-weem the dales of Eay 16, lgSD amd October 31, 1980, ~nclus:lve." shall hereafter read a~ fo!Ictus, to-wit: Section 7.205{13) of th:ts Code ~hall mot be effective bet~eem the dates of Apr:L! 2 of each 7ear amd October 3! of the ~ame :~ear, sa~d date~ bef~mg ~clus~e.~ Council Meeting page 3 August 25 ;ec't~ 2: This 0rdi~a~ce shall be iQ full force s~d effect fro~ a~d after thi{ty (39) days after /ts passage. First readinE: Date oi passaEc: 8-25-80 Offered by: Seconded by: l~ruce G. l~a~-roct~i, P, ayor Jo-Anne Student, Council Secretary The City Clerk presented a letter to the Council stating that his department has completed a signature tabulation on the petition presented concerning this ordinance and has certified this initiative petition according to the City Charter. The Mayor expressed a personal opinion that he would prefer to see this matter be decided by al1 of the City's residents by putting it on the general election ballot in November. He holds this opinion because he has been contacted by innumerable residents in the last year since this ordinance was passed who have strong feelings on both sides. Also, a survey that was done on this issue reflects these feelings. Councilman Logacz expressed a concern for the hardship cases that would result if this ordinance is passed as it stands. The City Attorney said he will look into an amendment procedure and report back to the Council at the next meeting. Councilman Hentges and Councilman Heintz suggested the ordinance could be amended at the time of its second reading on Monday, September 8th. Motion by Heintz, second by Hentges that the second reading of Ordinance # 930 be held at a special meeting on September 11, 1980 at 7:30 P.M.. Roll Call: Nawrocki, Heintz--aye Hentges, Logacz, Norberg--nay Motion fails Recess: 10:00 Reconvene:lO:15 c. Resolution Ratifying the Publication by the City Clerk in and for the City of Columbia Heights of a Notice of Public Hearing to Consider a Housing Plan for the City of Columbia Heights Roger Jensen, Director of the HRA, requested a work session on this item prior to the public hearing scheduled for September 22nd. Motion by Logacz, second by Heintz to waive the reading of the resolution there being ample copies available to the public. Roll Call: All ayes Councilman Norberg feels this housing plan should have more time for review. August 25 . ' Council Meeting page 4 RESOLUTION 80-46 Katifyi~t the Pub]icatiou by the City Clerk in and for the City of Coluazbia HetEhts of a Notice of 'Public Bearing to Consider a Housini Plan for the 'City of Columbia Beights. WHEREAS, the City of Columbia Heights (the "City") authorized the preparation of a Housing Plan for the City (the "Housin[ Plan") by adoption of Ordinance No. 916 and 917; and WHEREAS, a working draft of the Housing Plan has been prepared as authorized; and WHEREAS, Minnesota Statutes, Section 462C.01 requ/res a public hearing to be held on the Housing Plan after published notice at least 30 days before the hearing prior to adoption of the Housing Plan; and WHEREAS, the staff of the Housing and Redevelopment Authority in and for the City of Columbia Heights (the "Authority") ha~ caused notice of a public hearing to be held on September 22, 1980 to be published in the Columbia Heights St. Anthony Sun on August 20, 1980. NO~,', THEREFORE, BE IT RESOLVED BY the City Council of the City of Columbia Heights: The action of the staff of the Authority in publishing notice of a public hearing to be held on September 22, 1980 i~ hereby ratified and confirmed. DATED: _~, 1980. Mayor Jo-Anne Student, Counc[] Secretary Offered by: Logacz Seconded by: Hentges Roll Call: Logacz, Heintz, Hentges, Nawrocki--aye Norberg--nay Council Meeting page 5 August 25 d. Resolution Adopting a Wage Compensation Program for Non-Unionized City Employees Motion by Logacz, second by Norberg to waive the reading of the resolution there being ample copies available to the public. Roll Ca1): All ayes P. ESOLUTION 80-47 RESOLUTION OF TfLE CIT~' COUNCIL OF COLUMBIA HEIGHTS, ~[N., ADOPTING A WAGE COMYENSAIION PROGRAM FOR NON-UNIONIZED CITY E~PLOYEES W~HERF~AS, the City of Columbia Heights is committed to providing a compensation program to its non-unionized employees at a eompetitive level with that paid by comparable employers, and W~IEREAS, the City of Columbia Heights has developed a compensation program that established competitive ~alary levels for non-unionized positions complimented by a performance evaluation ~ystem and budgetary guidelines subject to periodic reviews, and W~R~S, the City of Columbia Heights seeks to recognize individual employee performance and encourage continual employee growth and development, and NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Columbia Heights adopts a Pay Plan for Non-Unionized Employees, as stated in this document, effective January 1, 1980. Offered by: Logacz Seconded by: Norberg Roll Call: All ayes Bruce G. Nawrocki, Mayor Jo-A~ne Student, Council Secretary .Resolution Establishing Salaries and Salary Ranges Per Positions Motion by Heintz, second by Norberg to waive the reading of the resolution there being ample copies available to the public. Roll Call: A11 ayes Council Meeting page 6 August 25 RESOLUTION 80-48 RESOLUTION OF THE CITY OF COLUMBIA HEIGHTS, MN., ESTABLISHING SALARIES FOR NON-UNIONIZED CITY POSITIONS /4uE~EAS, the City of Columbia Heights has adopted a Wage Compensation Program for Non-Unionized City Employees effective January ), 1980, and NOW' THEREFORE BE IT RESOLVED, the City of Co)umbia Heights establishes salary ranges for groups of non-unionized city positions effective January ), )980, and BE IT FURTHER RESOLVED, the City of Columbia Heights established salaries for specific non-unionized city positions to be effective as per the attached schedule, and PROVIDED, however, that this Resolution shall not be effective for salaries of Recreation Commission employees until approval by the Recreation Commission and agreement by the Board of Education to the extent provided by the joint powers agreement between the Council and the Board of Education. Offered By: Helntz Seconded By: Norberg Roll Call: All ayes Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary f. Resolution Authorizing Amendment to Joint and Cooperative Agreement This is a resolution authorizing the Mayor and the City Manager to execute the Amendment to the Joint and Cooperative Agreement giving authority for Suburban Rate Authority involvement in matters relating to the Metropolitan Waste Control Commission. Motion by Heintz, second by Norberg to waive the reading of the resolution there being ample copies available to the public. Roll Call: All ayes Council Meeting page 7 August 25 RESOLUTION NO. 80-49 RESOLUTION AUTHORIZING AMENDMENT TO JOINT AND COOPERATIVE AGREE}~ENT ~';HEREAS% the City of ~ml,,mhlm H~ioht~ , Minnesota kas entered into a Jofnt and CoOperative Agreement providing lot the creation of the Suburban Rate Authority, and I'FHEREAS, the present form of ~uch Joint and Cooperative Agreement does not authorize the Suburban Rate Authority to participate in proceedings or engage in activities involving the Metropolitan Waste Control Commission, and WHEREAS, the Boar~ of Directors of the Suburban Rate Authority has recommended that such organization be authorized to par- ticipate in proceedings or engage in activities involving the Metropolitan Waste Control Commission, and ~EREAS, it appears necessary and desirable that such author- ity be conferred upon the Suburban Rate Authority and that this be accomplished by the execution of the amendment to the Joint and Cooperative Agreement. NOW, THEREFORE, BE IT RESOLVED by the city council of the City of ~,,~ ~mh~% , Minnesota as follows: ...... ~ 1. The mayor and (Clerk, Manager) are authorized and directed to execute the Amendment to the Joint and Cooperative Agreement giving authority for Suburban Rate Authority involvement ~n matters relating to the Metropolitan Waste Control Commission. 2. The city clerk is directed to file a copy of the executed Amendment to the Joint and Cooperative Agreement, together with a certified copy of this resolution, with the Secretary/Treasurer of the Suburban Rate Authority. Adopted August 25~ 1980 Mayor ATTEST: Clerk Offered by: Norberg Seconded by: Logacz Roll Call: All ayes Communications a. The City Attorney gave information on a letter received from the League of Minnesota Cities. The letter contained comments on areas where deficits could be made up that were due to the Governor's'cuts in state aids and tactics that could be employed where a city is adversely affected by these cuts. The Mayor felt the City Council Meeting page 8 August 25 would not have to take any kind of action since it does not operate on a dangerous edge of its budget, conservatively budgets, and has some reserves. b. The Mayor spoke to a letter received from the League of Minnesota Cities dealing with the matter of the proposed new office building for the State League. At its last meeting the League voted to proceed with plans to build its own building. The Mayor presented the forms of payment for this building that can be made by member cities of the League,those being; a lump-sum payment, payments to be made over a period of five years or payments to be made over a ten-year span. A fourth option was to retire the debt through dues or an assessment to each member. The Mayor felt that for the League to have its own building would be a~vantageous considering how much it pays in rent for the building it is in now. The City Manager was requested to get the assessment figure that would be due from the City before the Council takes any action on this item. Motion by Hentges, second by Norberg to tab)e this matter until the next regular meeting pending more information from the City Manager on the dollar amount of the assessment. Roll Call: All ayes c. League Regional Meeting--Monday September 29, 1980 at the Holiday Inn at Anoka This item was presented for general informational purposes. d. Local Government Day, October 21, 1980 This day has been selected by the League of Minnesota Cities to recognize the importance of city government in our way of life and to focus on the diversity of services provided for our citizens. This item was presented for general informational purposes. 8.Old and New Business a. Old Business Councilman Hentges requested the Council to consider selling a parcel of land located on 51st avenue to a resident whose home is presently on 41st avenue. This home will be displaced by the Downtown Development Project and the owner wishes to move it to this parcel on 5)st avenue. The property is presently owned by the City. The HRA has looked at the house and finds it will be homogeneous to the types of homes that already are in the area. Motion by Hentges, second by Heintz to authorize the City Manager to prepare an ordinance for the possible sale of the City property described before the Council. This ordinance to be brought back to the Council at its next meeting on September 8th. Councilman Norberg asked if the Council can legally do this and was informed by the City Attorney it has been an inherent power of )ocal government to do this for years. Councilman Norberg felt it should be done by the bidding process. The City Attorney explained it may be done by ordinance so this information would be available to anyone that would be interested. The Mayor advised the Council when the ordinance is presented at the next meeting it cou)d be decided then if this issue has a legitimate public purpose. Roll Call: Logacz, Heintz, Hentges, Nawrocki--aye Norberg--nay b. New Business 1.Request Authorization to Purchase Shelving Units for the Library Department Motion by Norberg, second by Hentges to authorize the purchase of shelving units from Diversified Marketing Co. in the amount of $775 based upon )ow, informal quotations. Roll Call: All ayes Council Meeting August 25 page ~ 2.Contract Change Order # 1 for Project 800) Mo;ion by Hentges, second by Heintz to approve of Change Order #] for Project 8001--Prestemon Park parking lot construction in the amount jof $150 to the City's contract with Asphalt Paving Materials,Inc.. Roll Call: All ayes A~a~ of Bid for Fall Tree Planting Program Eleven bidEers submitted quotations for the City's fall tree planting program. Citizens of Columbia Heights have an opportunity to purchase trees at the City's. -~-t-act price. Those citizens interested in so doing should contact the Park Department and leave their name and address. ~'.~.;n by Norberg, second by Logacz to award the City's 1980 Fall Tree Planting ~,~ ~o Margolis Brothers,Inc. for a total price of $8,h08, based on low, com- peL,live bids. Roll Call: All ayes 6.New ~lces--City Manager's Secretary Thz City Council inquired of the City Manager what pr6cedures he had employed to advertise this position. He have them this information and also his recon~nendation of Bonnie Jewett who has served as the City Manager's Secretary on a temporary basis for the last several months. He has found her performance satisfactory. 5.Schools and Conferences a. The Future of Telecommunications, September 5-6,1980 At its August 21st meeting the Cable TV Advisory Committee voted to request the City Council to authorize the payment of registration fees and related costs for three advisory board members to at&end the above seminar. Motion by Hentges, second by Heintz to authorize the attendance of three Cable TV 'Advisory Committee members at the Telecommunications Conference and costs not to exceed $)05. Councilman Norberg questioned the wisdom of attendance of these members as he wondered if the information from this seminar would be all that a~plicable. The Mayor felt if these members were willing to take two days of their time to attend that the least the City could do is pay their expenses. The City Manager is familiar with the content of the program to be presented and the speakers invited to this seminar. He feels the quality of the program will be beneficial for those attending. Motion to amend by Norberg, second by Nawrocki to authorize expenses for the members of the City Council to attend this conference. Roll Call: All ayes Roll Call on main motion: Logacz, Heintz, Hentges, Nawrocki--aye Norberg--nay 6.Authorization to Purchase EMS Training Manuals These textbooks will be used over the next four years for emergency medical services in-house training sessions. Motion by Heintz, second by Hentges to authorize the purchase of EMS training manuals for Fire Instructors Association of Minnesota in the amount of $575.85. Roll Call: All ayes "~.Employees 1980 Christmas Party Motion by Logacz, second by He[ntz to authorize an expenditure of up to $1,000 for the employee )980 Christmas Party. Councilman Norberg felt the City should try to keep expenditures at the level they were last year, Motion by Norberg, second by Hentges to amend the motion for expenditures to be set at $750. Roll Call: Logacz, Heintz, Nawrocki--nay Norberg, Hentges--nalr Motion fails Council Meeting August 25 page 10 Motion by Norberg, second by Hentges to amend the motion for expenditures to be set at $900. Roll Call: Heintz, Norberg, Hentges, Nawrocki--aye Logacz--nay Motion to amend carries. Roll Call on Main Motion: All ayes 8.Acquisition of Property at LaBelle Park The City Mar~ger advised the Council that there has been continuing problems with littering and erosion of the property abutting the east embankment of LaBelle Park. He feels, given the recommendation of the Park Board, these problems could be c~t~iled if fences were erected in this area. Motion by Norberg, second by Logacz to authorize the City Manager to seek easements for the placement of fences on the east embankment of LaBelle Park. Roll Call: All ayes. 9.Anoka County--Urban County Designation A memo was received by the City from Anoka County indicating that HUD has recognized Anoka County as an "urban county" The signifigance of this designation will make available approximately $2,000,000 in community development block grants to Anoka County and its subdivisions. Columbia Heights is being asked to indicate its position with regard to Anoka County qualifying as an urban county. Motion by Heintz, second by Hentges for the City of Columbia Heights to express its acceptance of the "urban county" des[gnat[on of Anoka County. Considerable discussion followed as how this designation would effect the funding for the City's projects and the distribution of those funds would be done. Roll Call: Logacz, Heintz, Hentges, Nawrocki--aye Norberg--abstain 10.Designation of the Eleventh Holiday for Public Works Department Employees The negotiated contract for the employees of the Public Works Department states they shall receive eleven pa~d holidays. D~scussion between the staff and the Council followed as to which day would be designated as the eleventh day, with consideration for the day after Thanksgiving or a 'floating holiday' Motion by Norberg, second by Logacz that the eleventh paid holiday for employees of the Public Works Department be the Friday after Thanksgiving. Motion to amend by Heintz, second by Hentges to designate the eleventh paid holiday as a 'floating holiday' subject to a policy developed by the City Manager and subject to approval of the City Council. Without a specific policy Councilman Norberg felt the accountability and the bookkeeping for this item would be extremely difficult. Councilman Heintz feels the choice of a specific day for this holiday, such as the day after Thanksgiving, would close offices and services of the City that should be available if they are needed by any of the residents. He feels the policy of service by the City would be interrupted and he rejects that. Roll Call on the Amendment: Logacz, Heintz, Hentges Nawrocki--aye Norberg--nay Roll Call on Main Motion: Logacz, Heintz, Hentges, Nawrocki--aye Norberg--abstain ll. The City Manager gave the Mayor and the City Council copies of the proposed budget. 12. Councilman Heintz has received a complaint from a resident who lives on 50th avenue about sand left on the street. It was her feeling this was left over from the seal- coating that was done previously. The City Manager said he had invest[gated this complaint before and finds the sand is coming from a parking lot of a business in the neighborhood and trailers that are being parked on that street. He is following Council Meeting page ll August 25 up on the matter as is the Mayor. Councilman Heintz had another complaint that he would like checked by the staff concerning a potential water problem in the alley between 40th and 41st avenues, Madison and Monroe streets. In the same alley Councilman Heintz observed what he felt was a poor job done on a resident's driveway that abutts the alley. The Public Works Director said he would check it. 13.Councilman NoKberg informed the Council and the City staff of the loss incurred by Karen Danz, Hilltop City Clerk. Her family's mobile home and all of their belongings were destroyed by fire. l~.Th~ Mayor set the date of Wednesday, September 24th at 8:00 PM for a special ~eting for the purpose of a public hearing on the budget. The Mayor set the date of Wednesday, October 22nd at 8:00 PM for a public hearing on Cable TV. 9.Reports a. City Manager's Report 1. The City Manager gave a brief report on the United Fund participation by City employees for the year of 1979 and advised that Keith Masuda will be responsi- ble for the 1980 United Fund activities. 2. The City Manager advised the Council that applications for state aid for police and firefighters relief associations have been submitted. 3. The City Manager advised the Council of the findings concerning the City's bond rating review by Moodys Investors Service. The City has retained its A-i bond rating. 4. The Council was advised that there is a mediation session with Local 49 scheduled for September 9th. 5. The ICMA Retirement Corporation Deferred Compensation Program is scheduled for the agenda of the meeting of September 8th. The City Manager informed the Council that the Mayor and Council members were included in this program under the by-laws of this agreement. b. City Attorney's Report N.D.H. has advised the City Attorney they are initiating action against the City for the purpose of setting an arbitration date. The City Attorney advised the Council members they may have to testify. 10. Bills Motion by Heintz, second by Hentges to authorize the payment of bills as listed out of their proper funds. Motion by Norberg, second by H~intz to withdraw bill # 36822 from the list of bills as it needs a resolution to authorize payment. Roll Call: Logacz, Heintz, Norberg, Nawrocki--aye Hentges--nay Motion by Norberg, second by Heintz to waive the reading of the resolution there being ample copies available to the public. Roll Call: Logacz, Heintz, Norberg, Nawrocki--aye Hentges--nay Motion fails. Resolution # 80-50 was read aloud by the City Attorney Council Meeting page 12 RESOLUTION 80-50 August 25 WHEREAS, Councilman Gayle R. Norberg has or may possibly have a financial interest in International Business Machine Corporation and the City wishes to pay IBM for typewriter rental and, WHEREAS, the Council has determined, based on the report of the City Manager, that the contract price is a low or lower than the price at which these items could be obtained elsewhere, the City Counci! of Columbia Heights hereby resolves the sum of $60.00 per month be paid out of the proper fund upon filing of an affidavit with the City Clerk in accordance with Minnesota Statute S.471.89, subdivision 3, by Councilman Norberg. Passed this 25th day of August 1980 Offered by: Heintz Second by: Logacz Roll Call: All ayes Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary Motion by Heintz, second by Logacz to adjourn the meeting. Roll Call: All ayes Adjournment: 12:45 ./~o-An~e Student, Council Secretary Bruce G. Nawrocki, Mayor