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
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