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HomeMy WebLinkAboutApr 14, 1980OFFICIAL PROCEEDINGS REGULAR MEETING OF THE CITY COUNCIL CITY OF COLUMBIA HEIGHTS, MINNESOTA APRIL 14, 1980 The meeting was called to order at 8:00 p.m. Roll Call: Logacz, Heintz, Norberg, Hentges, Nawrocki -- aye NAMING OF SECRETARY Motion by Norberg, Seconded by Heintz to appoint Ardelle Burt Secretary Pro-rem for this meeting. Roll Call: AIl Ayes 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 March 24, the special seal coat hearing of March 31, and the special meeting of April 7 as presented in writing and the reading be dis- pensed with. Roll Call: All Ayes PROCLAMATION REGARDING NATIONAL FAIR HOUSING LAW WHEREAS: The National Fair Housing Law of 1968 prohibits discrim- ination in housing and declares it a national policy to provide, within constitutional limits, for fair housing in the United States, and WHEREAS: The principle of Fair Housing is not only national law and national policy but a fundamental human concept and entitlement for all Americans, and WHEREAS: April has traditionally been designated as Fair Housing Month in the United States. NOW THEREFORE: I, Bruce G. Nawrocki, Mayor, do proclaim April as Fair Housing Month in Columbia Heights, MN and do hereby urge all the citizens of this municipality to practice the letter and the spirit of the Fair Housing Law. IN WITNESS WHEREOF: I have affixed my signature and the Seal of the Office of Mayor of the City of Columbia Heights on this 14th day of the Month of April in the year of our Lord, nineteen hun- dred and eighty. Bruce G. Nawrocki, Mayor April 14, 1980 page two COHHUNICATIONS PLANNING AND ZONING COHHISSION RECOHHENDATIONS: 1. Hr. Paulus, 4509 Heights Drive -- Request for Special Purpose Fence Request by Mr. Paulus to maintain the six foot high, board on board cedar privacy fence he constructed without approval. Hotion by Heintz, Seconded by Logacz that the request be granted upon the recommendation of the Planning and Zoning Commission, based on the fact that the property irons were found and the fence is located strictly on Hr. Paulus' property. Discussion continued and A1 Carlson, City Planner, stated that the fence is built within the requirements and distances on this property. Roll Call: All Ayes 2. Review of St. Anthony's Comprehensive Plan Resolution 80-1 was adopted by the Planning and Zoning Commission at their regular meeting on April l, expressing their opinion that no adverse effects are perceived to fall upon the City of Columbia Heights as a result of the City of St. Anthony implementing its proposed Comprehensive Plan. A cop!/ of the Resolution was presented, however no action was taken. The City Hanager stated that this Comprehensive P]an has not gone to the Coun- cil. He will get copies to the Council next week and will have this item back on the agenda. TRAFFiIC COHHISSION RECOHHENDATIONS: The Traffic Commission did not hold a meeting this past month and there were no recommendations. PETITION REGARDING BLACKTOPPING THE ALLEY BEHIND FAIRWAY DRIVE BORDERING THE WATER WORKS FENCE TO 2000 FAIRWAY DRIVE A copy of the petition from seven property owners at the above location re- questing that the a]]ey be b]acktopped during the summer of ]980 was pre- sentecl. The City Nanager stated that he had indicated in his report that at the coming Council meeting, he planned to present to the Council proposed projects to be undertaken in 1980. This item will be included. He stated he would be noti- fying all the residents at the time that the Council may be making a decision regarding the petition. He will have these proposed projects back to the Council at the next meeting as part of the Capital Improvement Program for the Public Works Department. April 14, 198G page three The Mayor stated that since the Council has received a petition, he would recommend that the Council authorize the City Manager to call for a hearing. Motion by Norberg, Seconded by Hentges that the petition be accepted and placed on file, and that the City Manager be authorized to call a hearing on the matter in conjunction with other hearings to be determined. Roll Call: All Ayes LETTERS FROM THE DEPARTMENT OF TRANSPORTATION Copies of correspondence recently received from the Department of Transpor- tation regarding the release of a portion of Trunk Highway 694 SP 0285 were presented. This was an informational item only. This portion of trunk highway was built by the Minnesota Department of High- ways in 1966 and has not received any maintenance since that date. This section of street has been viewed by the City Engineers of Columbia Heights and Fridley; both agree that extraordinary maintenance is needed on this street and should be done this year. Iteater scarifying plus an overlay has been proposed. The Mayor requested that the City Manager provide a copy of the existing agree- ment whereby the City of Columbia Heights was to assume responsibiliey for 53rd Avenue (that portion of Trunk Highway 694 SP 0285 being released to the City). OLD AND NEW BUSINESS: 1. Arbitrator's Fees regarding MAMA -- Local 320 Contract Grievances Information on the following two payments was presented: The cost to the City of $21.06, payable to Mr. Richard J. Miller. Mr. Miller heard the grievance regarding the interpretation of the educational incentive portion of the public safety contract. His decision was favorable to the Cities. This dealt with determining what courses are considered to be job related, which would then qualify police officers for educational in- centive pay. The second payment, in the amount of $117.04 will go to Labor Relations Assoc- iates, Inc. for payment of legal fees incurred in defense of an arbitration award regarding Section 9.4 of the seniority provision. A grievance was filed on the City of New Hope dealing with the assignment of "officer in charge" on a seniority basis. The arbitrator ruled in the union's favor on the basis that a separate job classification of "officer in charge" did exist; therefore, should be assigned on a seniority basis. The court over-ruled the arbitrator's decision. The court's decision was in favor of the Cities. April 14, 1980 page four Motion by Logacz, Seconded by Hentges to authorize payment of $21.06 to Richard J. Miller and Sl17.06 to Labor Relations Associates in payment of arbitrator's fees regarding the MAHA -- Local 320 Contract grievances. Roll (;all: All Ayes 2. Data Privacy John Schedler, Finance Director, recently attended a City Clerk's Conference. One session dealt with the Data Privacy Act. Based upon information he re- ceived and his discussion with the League and the City Attorney, he is recomnending that the City Council adopt a motion appointing the City Manager the Responsible Authority for the City. Motion by Heintz, seconded by Logacz to appoint Robert S. Bocwinski, City Manager, as the Responsible Authority under the provisions of the Data Privacy Act. Roll Call: All Ayes 3. Street Sweeper Brooms This 'item was discussed with the Council at a work session, but since it was a work session, no action was taken. A copy of a memo and purchase requisition from Fred Salsbury, Public Works Director, was presented. Motion by Heintz, Seconded by Norberg to ratify the action of the City Manager in approving the purchase of brushes and brooms for street sweepers and the Park Department from Old Dominion Brush, in a total amount of $2,097.12, under the Hennepin County Joint Purchasing Agreement. Roll Call: All Ayes 4. Wayne Protection Agency The Park Board, at their meeting of March 19, 1980, made a motion to request the C'ity Manager to recommend to the Mayor and City Council that Wayne Pro- tection Agency have their hourly wage rate increased to S10.00 an hour effec- tive April 1, 1980. Their motion was unanimous. They also asked the Acting Park Superintendent to inform Wayne Protection Agency to submit any changes in fees to the board in June so that they may be reviewed with the City Counciil when the annual budget is being presented. Motion by Logacz, Seconded by Heintz to increase Wayne Protection Agency's hourly rate to $10.00 effective April 1, 1980. Discussion continued in regard to contracting in this manner or going out For bids. The City Attorney stated that you can contract for personal services, in that these services are unique. The Mayor suggested that the City should seek formal proposals for park surveillance in the near future. Additional discussion was held whereupon the general concensus was that formal requests for proposals should be undertaken in the near future. The Mayor stated that he would be satisfied that the matter has been brought up and would be given some consideration before the next budget time. Roll (:all: All Ayes April 14, 1980 page five 5. Law Suit regarding City and Building Inspector vs. Mrs. Doschadis The Council previously received copies of the suit which named the City and Arden Hovland, Building Inspector, as defendents. Since the insurance com- pany has indicated that they would not provide a defense for Mr. Hovland, the City Attorney has recommended that the City provide a defense for him and incur whatever costs may be associated with his defense. Motion by Norberg, Seconded by Hentges that the City of Columbia Heights provide a defense for Arden Hovland, Building Inspector, in the Doschadis lawsuit, and indemnify him for any damages sustained by him arising from this lawsuit. Discussion continued and Councilman Norberg asked the City Attorney if the insurance company would still pay the bill. The City Attorney stated that the insurance company would not pay the bill in this kind of action. Mayor Nawrocki asked the City Attorney if he agreed with this. The Mayor also asked if it was very clear that Mr. Hovland was acting in his capacity as Building Inspector in this matter. The City Attorney agreed and stated that he was, absolutely. Roll Call: All Ayes 6. Setting Salary for Library Clerk/Typist Discussion on the base wage rate. Motion by Norberg, Seconded by Hentges to set the salary of the Library Clerk/ Typist at $720 per month. (Councilman Hentges seconded this motion for pur- poses of discussion.) Discussion continued as to experience and qualifications. Roll Call: All Ayes 7. American Library Association Annual Conference~ June 28 to July 3, New York Rebecca Loader, Library Director Motion by Norberg, Seconded by Heintz to authorize attendance and expenses for Becky Loader, Library Director, for the American Library Association Annual Conference to be held in New York City from June 28 to July 3. Roll Call: All Ayes 8. Informal Quotations and Formal Bids a. Paint Quotations The City Manager recommended that the paint be purchased be as per the list of low quotes as included in the Public Works Director's memo. Motion by Heintz, Seconded by Hentges to award the quotations on paint to the vendors as listed in the Public Works Director's memo of April 10, based on low, informal quotations. Roll Call: All Ayes April 18, 1980 page six b. Supply Parts for Vertical Auger in Sewer and Water Department The City Hanager recommended that supply parts for the vertical auger be purchased from Central Hining Equipment Company based on low, infor- mal quotes, noting that Central Hining is the only company that provides replaceable cutting teeth. Motion by Hentges, Seconded by Heintz to authorize an expenditure of $1,]~]1.60 for augers and cutting heads from Central Mining Equipment Com- pany, based on low, informal quotations. Roll Call: All Ayes c. Training Room Carpet A memo was presented from the Poi ice Chief with informal quotations for carpeting for the training room. Motion by Heintz, Seconded by Logacz to authorize an expenditure of $1,888.~7 to Complete Flooring based on low, informal quotations for approximately 1~3 square yards of Robertson style ff1607 New Tradition Carpet: to be installed in the Fire-Police Training Room and the adjacent police locker rooms. Price to include the installation of the carpet and black plastic covered baseboard. Councilman Hentges asked hot~ much was budgeted for this item. Chief Ander- son stated that S1,700.00 was budgeted. Councilman Hentges noted that a transfer would be needed from another line item to make up the balance. The City Manager stated that it would not involve a transfer, but the money would come from the unexpended fund balance in the Revenue Sharing fund. Amendment to motion by Heintz, seconded by Logacz that the extra S148.~7 would come from the Revenue Sharing fund. Further discussion as to the practicality of the carpet and the maintenance. Roll Call: Logacz, Heintz, Nawrocki -- aye Norberg, Hentges -- nay Motion carries. d. Seal Coat Bids Menlo presented from the Director of Public Works in regard to the award of bid for Project 800]3 -- seal coating. Motion by Heintz, Seconded by Hentges that a contract for Seal Coat Project 8003 be awarded to Allied Blacktop of Maple grove, Hinnesota for a base bid of: S0.3~25 per square yard, and that the options for distillate cut- back at SO.O~ per square yard, and FA-2, Class A Aggregate at SO.Il per square yard, and a deduct of $7,200, for the City removing excess aggregate be included in said contract, should the City Council elect to do so in the future:, prior to commencement of work. Further, that the Hayor and City Manager be authorized to enter into said contract. Roll Call: All Ayes April 14, 1980 page seven e. Informal Quotations on Manhole Rings and Cover Castings Memo presented from the Director of Public Works in regard to the breakdown on informal quotations on manhole rings and cover castings. Councilman Norberg asked if these prices were F.O.B. the foundry. Donald Jolly, Sewer and Water Superintendent, stated that these prices are F.O.B. Columbia Heights. Because of our needs and the quantities we would be or- dering, we would qualify for this. Motion by Heintz, Seconded by Hentges to award the bids on castings to the vendors as listed in the Public Works Directorls memo of April ]1, based on low, informal quotations received, and the fact that this is a proprietary item. Roll Call: All Ayes 6. Water Tower Maintenance Contract Memo presented from the Director of Public Works in regard to a Water Tower Maintenance Contract. Eight contractors were contacted, of which only two responded. Mayor Nawrocki asked about the work that would be done on the water tower and Don Jolly explained the contract. On recommendation of a contractor who inspected the tower, he felt that a drain line should be installed to facilitate cleaning the tower on the inside. Also, the tank needs to be cleaned on the inside where the water is being held. The Mayor asked if the work would be interior or exterior. Don Jolly indicated that it would be both; the work inside and 'the outside would be inspected. There was further discussion on drawing the water down and draining. Motion by Heintz, Seconded by Hentges to authorize the award work to Ford Tank and Paining Company, Inc. in the amount of $2,200 based on low, infor- mal competitive bids. Further, that the Mayor and City Manager be authorized to enter into said contract. Roll Call: All Ayes OTHER NEW OR OLD BUSINESS: 1. Resident Complaint -- Noise and Pollution Councilman Logacz indicated he had received a call from a gentlemen who lives across from the Bridgeman Enterprises stating he had gotten in touch with the City recently to measure the noise factor of trucks that come in the morning to deliver certain commodities and cause noise and diesel pollution. He indicated that the City has taken readings of the noise factor and the City has concluded that the level is much higher than acceptable. However, he stated that the City has never carried out any follow-up to reduce the noise level by informing the people bringing in these commodities. He wondered what he should do as he has rental units and some of these people are very upset by the noise of these trucks. Councilman Logacz asked if it had been brought to anyonels attention. The City Manager stated that he would have to refer to the Police Chief. The Police Chief stated that he had no inquiry, but could look into it. Councilman Norberg commented on the procedure of processing these kinds of calls. The City Manager stated that we do have a guide with a breakdown of complaints and also a referral system internally to see that the ca]l is referred to the appropriate party. April la, 1980 page eight 2. Workshop -- Planning for quiet Communities In regard to the above complaint, Councilman Norberg referred to the pamphlet of a How-To Workshop on the Fundamentals of Planning the Audible Environment, May 8, 1980 at the Sheraton Inn Northwest, Brooklyn Park. Frequency Allocation -- Cable TV Councilman Norberg asked if the committee has a frequency allocation. He was concerned that the committee ought to put it into the ordinance to require that a proposed band plan and connect rules be supplied with it. Councilman Norberg stated that there was a Cable TV Advisory Committee meeting on Wednesday night, April 16. The City Manager stated that we received proposals from consultants to provide assistance to the committee, and one of the things the consultant would to is prepare technical standards by which we would judge the system. Mayor Nawrocki asked if, as part of the proposal, they would be required to make a specific proposal relative to those two points. The City Manager said they would. Rubbish Container -- 3rd Street Councilman Norberg stated that the rubbish container had not been moved yet, even though the Council had taken action on this. The City Manager stated that it had been moved, but for some reason either the o~ner or the truck driver relocated it back to where it was. The City Manager was out there and noted that it was in the wrong spot. Also, we are going with twice a week pick up on it as that container has been overflowing. He will be contacting Dick's Sanitation to see to it that the truck driver places it in the right location. RECESS AT 9:30 P.M. RECONVENE AT 10:O5 P.M. CITY HANAGER~S REPORT: The City Manager reported that the Public Works Director, Fred Salsbury, and Tom Hosch, Maintenance Foreman, are at a Snow Conference in Toronto unti] Wednesday. The City Manager discussed the items which were contained in his report. He stated that he and the Public Works Director have been working on a policy to be used as a guideline for assisting property owners and he plans to have this at the next Council meeting. Also, he has not prepared a response as yet in the mai] on the two residents on ~Oth Avenue regarding mud and silt from Patti Homes. The Mayor commented on the policy being developed as a guideline for assisting property owners and stated that he did not know how much time the City Manager is spending on trying to develop this policy, and how you can write common sense into one of these policies. He stated that, in his opinion, the City Manager should not spent much time regarding this item, since he felt an informal practice has existed in the past. In addition, the Mayor felt that a written policy cannot cover all situations and April 14, 1980 page nine therefore specifics should be displaced by common sense. CITY ATTORNEY'S REPORT: During the recess, Councilman Heintz pointed out to the City Attorney an inequity in the City Code relating to Popcorn, Candy and Ice Cream Wagson, and the fact that the closing times for Popcorn, Candy and Ice Cream Wagons, even if they are stationery, is going to be 7:00 and 8:30 in the summertime, and asked t-he City Attorney to put together an ordinance which would allow them to stay open until 10:30 if they stayed at one location. He also pointed out that if they are going to get started by the beginning of June, that we should have the first reading tonight. The following ordinance was offered: ORDINANCE 913 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PER- TAINING TO POPCORN, CANDY AND ICE CREAM WAGONS The City Council of the City of Columbia Heights does ordain: Section 1: Section 5.608(4)(c) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which is currently' reserved, shall here- after read as follows: 5.608(4)(c) Despite the hourly restrictions of 5.60$(4)(a) and 5.608(4)(b)above, any licensee who sells or attempts to sell the products which are the subject of this section from not more than one location within a twelve hour period may conduct business unt-1 10:30 p.m. Section 2: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. The Mayor noted that this item will be back at the next Council meeting for a second reading and a hearing at that time. LICENSE APPLICATIONS: A iist of license applications was presented. Councilman Heintz asked that the fee be waived for the Columbia Heights Lions Club at Huset Park for softball tournaments as approved by the Park Board. Motion by Heintz, Seconded by Logacz to approve the licenses as listed upon payment of proper fees, and that the fee for the Lions Club softball tour- nament at Huset Park be waived on the recommendation of the Park Board. Roll Call: All Ayes April 14, 1980 page ten PAYMENT OF BILLS: Motion by Heintz, Seconded by Hentges that the bills as listed be paid out of their property funds, with the exception of bill 735353 (which must be approved by resolution). There was further discussion on the bills and Councilman Norberg asked the City Manager to check ~/35193 and /~35147 in regard to purchases of large amounts of parts and tires, and to report back to the Council. Roll (:all on above motion: All Ayes RESOLUTION 80-17 PAYMENT OF $835.00 FOR A SOUND METER WHEREAS, Councilman Gayle R. Norberg has or may possible have a financial interest in 3-M Corporation and the City wishes to pay $-M Corporation S835.O0 for a sound meter and WHEREAS, the Council has determined, based on the report of the City Manager, that the contract price for this item is as low or lower than the price at which the sound meter could be obtained elsewhere, the City Council of the City of Columbia Heights hereby resolved that the $835.00 be paid out of the proper fund upon the filing of an affidavit with the City Clerk in accordance with Minnesota Statute 471.89, subdivision 3, by Councilman Norberg. Passed this 14th day of April, 1980. Offered by: Heintz Seconded by: Logacz Roll (:all: All Ayes ENVIRONMENTAL ASSESSMENT WORKSHEET: Mayor Nawrocki asked about the Environmental Assessment Worksheet regarding St. Jude Medical, Inc. located in New Brighton submitted to the Minnesota Environmental Quality Board. Staff was to review this item and advise the Council if any action was required of the body. Motion by Heintz, Seconded by Hentges to adjourn at 10:,40 p.m. All Ayes Bruce~g. Nawrocki, Mayor Roll Call: Ardel]e Butt, Secretary Pro-rem AB/kk