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HomeMy WebLinkAboutCorrected May 12, 1975-126- Official Proceedings ~ Regular Meeting of the City Council May 12, 1975 Meeting was~called'to order at 8:00 p.m. Roll Call: Logacz, Heintz, Norberg, Land; Nawroc~ki-present Motion~_ by ~Norberg,~~Seconded by Hei'nt~z to name'Mafrgo Emer'son''Sec'retary for the meeting. Roll Call: A1`1 Ayes ''' ~~ Councilman:Norberg gave the invocation. MINUTES OF LASS MEETING ~ ,~; Motion by He i ntz~,~~~ Seconded by Land' to" ap.prove~ the mi hutes of~ the regul a r meeting o=f Anr-i~l~ 28., andspec=ia'I meeting of May '2 `as 'p'resented ~ ' in writ.i,ng and the reading be dispensed with: Roll Call: All Ayes ,- PAYMENT OF BILLS Motion by Norberg,~ S econded by= La nd that'~the' b i~ l'1 s" as 1 i-st'ed 'be paid ~ nut of their proper funds. Roll Call: All Ayes _ Mr.~~Norberg question ed check numb er 12748 to the American National Bank and Tr ust Company, and John Schedler (present at the _ meeting as Acting Ci ty 'Manager in Malcolm Watson's absence) explained that this ispayment for interest on City bonds. Payroll Account $ 59,986.23 Doherty Distributing, $ 1,719,•45 Famous Brands, Inc. 1,397.55 East Side Beverage ;,,.,.,, 11,198.48 Fridley Office Suppl y 59.76 .Eberhard Candy ~ Tobbacco .4.66.25 Griggs, Cooper and C o. 199.37 H.B. Fu11er~Company ~ 44.22 Quality Wine Co. 108.66 Ganzer Distributors, Inc. 3,478.65 John-son Bros. Whsle. ,:1,296.39 Glenwood Inglewood 96.50 Old Peoria Co. 880.76 Gold Medal Beverage 159.20 Ed Phillips and Sons 120.16 Gross Industrial Services 14.40 Group Health Plan 352.52 Hi-Mount, Inc. 1,096.46 James Lord 3,692.49 Home Juice Company 86.02 Minn. Hosp. Services 2,596.88 Jimbos, Inc. 241.45 Modern Service Inc. 17,962,45 Johnson Paper and Supply 83.33 Johnson Bros. Whsle. ~:2~9:~35 Kueth.er Distributing 4,784.84 Johnson Wine Co. 281.11 .. hJcKesson Wine and Spirits 2,801.34 Twin City Wine Co. `16,5;~~6 Midwest Wine Company 481.10 John E. Schedler 257.59 Betty Myers 55.20 Malcolm 0 Watson 92.50 Pepsi Cola Bottling 86.65 American Linen 160.68 _ .Petty Cash-Liquor 85.30 Bronner Exterminatin „ g, 12.00 Pohle Sales, Inc. 3,949.60 Cash Register Sales ~ 170.28' Joe Rak 19.44 Coca Cola Bottling 200.30 Rex Distributing 3 379.80 i Commissioner of Reve n4.3,743.60 John Roach 18.44 Deli-very Management SerV208:25 Ron's Ice Co. 64.00 Display Fixtures '6.10 Seven Up Bottling 170.75 Distillers. Distr. 5,456.62 South Side Distributing 66.00 -127- May 12, 1975 Sunderland Inc. $ 371.80 Columbia Hgts. Fire Dept, $ 60.00 Clarence Violette 374.00 Col. Hgts. Petty Cash-librar ~ y 24.35 Amer. Society of Mech. En.7.30 Columbia Metal Fabrication 11 5.26 Amsterdam Pen Co. 43.32 Commissioner of Highways 473.23 Better Homes and Gardens 10.62 Commissioner of Revenue 33.05 The Bookmen Inc. 23.22 Continental Safety Equip. 43.02 Creative Education, Inc.176.72 ,Conway Fire ~ Safety 67.00 Cr~nstroms Htg~AirCond . 38.25 _Delegard Tool Co. ~ 173,43 Esquire 18.00 Robert E. Diedrich 480.00 G.K. Hall ~ Co. 24.62 Electronic Center, Inc. 80,,,5$ Jostens 910.47 H.E. Erickson 61.90 Listening Library 11.90 Fireside Office Supply 104.00 Lundblad's Bindery 56.50 Fu11we11 Motor Products 36..12 Nat'l Geographic Society 14.15 „ Gateway Hardware Hank 23.35 Outdoor Life Book Club 18.28 Goodin Company 265:93 Ovshak Printing 58.25 Grant Battery Sales 3$.2.0 Prentice Hall Inc. 64.58 Linda A. Hansen '11`4.00 Shoppers Charge 31.44 Hawkins Chemical 106.25 Time Life Reocrds 15.55 Heights Electric 104.00 United World Films 155.00 Homelite 68.,22 U.S. Postmaster 100.00 Hudson. Map Company 81.50 Thomas Pittman 88.00 Industrial Supply Company 10.03 James Cook 48.00 Int'1 City Mgmt. Association 5.00 Mitch DeMars 56.00 Int'1 Conf. of Build. Offical s 18.00 Ronald Chan 22.00 Gayle Jones. 16.84 Thomas Helm 24.00 Keep Fi11 Products ~ 7;74 Ri'~hard Homicke 24.00 Knapton Tire Co. 167.35 Lawrence Hosch ~~ `` ~~6r~00 League of Minn.HumanRights 71.00 Jack Kallroos 46.00 David MacGreggor ~ 45.00: Charles KeWatt 72.00 MacQueen Equipment 610.00 Roy Meinhardt 24.00 Maintenance Experts 958.Oq' Lawrence Nelson 24.00 Marshall~Concrete Products 13.20 Harold Ostmoe 24.00 Mel's Van,O Lite 16.70 Barry Rosar 48.00 Metro. Waste Control Comm. 643.5:0 Robert Struif .62.00 Midway Tractor and Equip. 28.71` Amer.Nat'16ank~Trust 201..00 The New Minor Ford 157.52 Anoka Cty.° Treasurer- - 551.70 Miner-McAlpin Agency ~ 2,277.00 Aslesens 135.80 Mincis 403,-13 Aunt Jenny's Pancake H. 29.Q0 Mpls. Spokesman 11:27 AWWA Conference Regis. 60.00 MinnDept~of Rev. Commission. 1,474,77 AWWA NoCentral Sect. 5..00 Minn. Min:i~ng,~and Mfg.. 160.64 Bi11 Boyer Ford 3.11; Minn. Mining ~ Mfg.. Alarm Ser v.717.~1 Bury ~ Carison,lnc. 1, 518.10 ~ Minn. Fire Equipment.Co.' 540.67 Cassidy Products 225.15 Bruce G. Nawrock~..- ~ ~ 374.01 Central Chrysler Plym. 87.71 Neptune Water Meter~Co: 1;486:27 Chapin Publishing 149.60 Newark Brush Company ` 787.48 City of .Col. Hgts. 50.00 No. States Power Co. ~ 31..0 5 City Wide Locksmith:l,ng 152.00 ~ No.-Amer. Life and Casualty 198.00 Coast to Coast 242.89 The Northfield Company .. 1.07.35 Coca°Cola Bottling 107.30 Northland Electric Supply 11.07 -128- Northwestern Bell Telephone Co. N.W. Nat'l Bank of Mpls. Olson's Plumbing Olson Radiator Co. Petty Cash- Garage The Police Journal Prentice-Hall, Inc. Rogers Russ Sand Mobile Service Eugene A. Salay Eugene A. Salay James Salitros Seven Up Bottling Co. Standard Spring Co. State Bldg. Inspector Suburban Rubber Stamp Co. Sun Electric Company Sun. Newspapers Sweepster, Inc. Tecto Sporting Goods Texgas Corp. Treasurer, State of Minnesota Un i fo rms:• Unlimited Union Oil Company $ 25.30 555.00 244.75 60.50 47.39 9.75 52.62 56.78 25.55 15.00 246.71 91.:12 3.00 64.g6 93.03 23.48 125.75 368.45 14.65 8.95 55.00 10.00 228.05 68.g1 May 12, 1975 U.S. Postmaster $350.00 Clarence Vio_lette 15.00 Viking Industrial 338.00 Warden's GTC Auto Parts 73.27 Waste Manage. of Minn a 15.00 Water ~ Sewage Systems 20.00 Wayne's Protection 234.50 Henry Zeug 177.50 . Petty Cash-Admin. 32.51 Genuine Parts Co. 283.67 Modern Htg. and Air Cond 467.50 Total Bi 11 s $ 158,421 .20 PROCI;AMAT I ONS Mayor Nawrocki read the following proclamation Designating June 1,:1975 as "Father Colon Day" TO HONOR FATHER VINCENT COLON, THE SPIRITUAL~LEADER AT IMMACULATE CONCEPTION CHURCH ON THIS, the 25th ANNIVERSARY OF HIS ORDINATION INTO THE PRIESTHOOD WHEREAS, Father Colon has served the citizens in the northeast area at Holy Cross .and at Forest Lake, and is now the senior pastor of the Immaculate Conception Church in Columbia Heights, and WHEREAS, a special program has been planned by friends and parishioners for.Father Colon to celebrate this silver anniversary of his ordination. NOW, THEREFORE, I, Bruce G. Nawrocki, Mayor of the City of Columbia Heights urge the citizens, of our community to take time on Sunday, June 1, Ig75 to attend'the.10~:30 mass at Immaculate- Conception Church honoring Father Colon; and attend the reception between T2:30 and 3:30 p.m. at the church, including a special program at 4:00 specifically tailored to the lifetime and career of Father Colon. Let us all make an effort to participate in honoring one of the spiritual leaders of our community who has dedicated the past 25 years of his life to serving our Lord and-our Christian friends and neighbors. -12g- May 12, 1975 Mayor Nawrocki read the following proclamation Designating "Minute Man Week" WHEREAS, the United States Savings Bond Program has for 34 years provided inestimable security to the citizens of the United States by encouraging the habit of thrift and by helping to fund the National debt in a non-inflationary manner; and WHEREAS, tens of thousands of Minnesotans have benefited through the Payroll. Savings and Bond-A-Month Plans of the Department of th.e Treasury; and WHEREAS, the Minute Man of Concord--the symbol of Savings Bonds-- is an integral part of the National Bicentennial Celebration, marking the anniversary of our struggle for independence, and reminding us of the roots of public participation in the financial affairs of America; and WHEREAS, we recognize the outstanding accomplishments of the Savings Bond Program and its valiant corps of volunteers, and acknowledge the debt we owe our forefathers as the Bicentennial, Celebration begins; NOW, THEREFORE, I, Bruce G. Nawrocki, Mayor of the City of Columbia Heights, Minnesota, do hereby proclaim the week of May 5 - 9,1975 to be MINUTE MAN WEEK in Columbia Heights, Minnesota, and urge the people of our State to join me in rededicating the doctrines of democracy by the purchase of one or more Bicentennial-design Series E. Bond on sale at financial institutions. FURTHERMORE, our citizens will not only add to their personal and and family security but will acquire most unusual souvenirs of the Bicentennial which will gain iri value each additional year retained. SEWER DEPARTMENT CASTINGS. Earl Gustafson, Public Works Director, reported on the bids received for sewer department castings.: Eight bidders had been notified, and five had responded. Mr. Gustafson noted that in the past only, four f.ounderii es caul d b i d, but that now there are more companies available. Councilman Norberg questioned the reasons why specifications cannot " be made on standard items, such as the R-3105-and R-3382 basin castings and covers. Mr. Gustafson explained the catalog~~ng of standardized items by Neenah, and further explained the variances among different companies and products. -130- May 12, 1975 A lengthy discussion was held on the bids. Two bidders had bid identical Bids on some of the items,. with: one being lower in some areas, and the other being lower in other areas. These two companies were Adler Steel, and Neenah-Roy Stinson. With the exception of one item, ~2" steel adjusting rings, these two companies were the low bids, as follows: , Adler Steel Neenah Foundry-Roy Catch Basin Frames Stinson Neenah R-32 B Complete $125.00 $125.00 " R-3246 B Grate only 47.:75 47.75'" " R-3015 Grate only 39.00 25.00 " R-1728 San. Sealer Covers only 38.00 41.00 -S-t-e a 1--~4d j a~ i n~--R i la-g-s- f-o-~ R -.].~2 8 Beehive Grate fo.r R-1728 Basin Castings and Covers Complete R-3015 Complete R-3382 Complete R-3290 6 Grate on 1 y R329o D Complete R3250 Grate Only R1728 Complete R1728 R°3015 Grates only (51.00-2") (54.00}2"-,(not the 30.00-6" 30.00-2":_ ow bids) 147.60 276.00 139.20 70.60 179.40 42.00 78.00 39.00 90.00 276.00 116.50 60.60 179.40 42.00 78.00 25.00 Mr. Gustafson explained the recommendation by the Sewer Department Superintendent for award of bid to Roy Stinson. He pointed out that one company should receive the entire award because then there would be no delivery charge made, s, Mr. Gustafson explained that" if an order is delivered from either company which is less than one ton in weight, then a delivery charge made. By splitting the award, either one or both of the companies-may have deliveries of. less than one ton of material, and then would charge for the delivery. In the long run, awarding the bid to one of the companies would save on the delivery charges, and would make them,the low bid. Councilman Norberg particularly expressed concerns on how this award of bid should be made. Both companies were selling Neenah products. Mr. Gustafson stressed the_fact that~Roy Stinson is a local dealer, and thus, woul d have quicker delivery. Also, he po. rated o}~t that th i s company already has some;of the stock. on~hand, and would not have to send for- i:t. -131- May 12, 1975 Discussion was held on the weights involved, and how the. award of bid should be handled. Mayor Nawrocki directed that Mr. should discuss the possibilities back later in the meeting. Gustafson, and Attorney Kalina, of what could be done, and report ROi?F DECK[NG FOR BAND -STAND " Five informal quotations were received on tongue and groove decking to be used for covering of the band stand. These bids were from Structural Wood Corporation $2,840.00 Lampert Building Center 3,527.50 Thompson Lumber Company 3,128.00 Scherer Bros. Lumber 3,060..00 G.M. Steward Lumber Company 2,gg2.00 Counc~.lman Heintz reported that the Park Board had not. had a chance to review these bids, but that the bids were in accordance with discussions held in the past by the Park Board. It-was pointed out that the.1.ow bid is approximately $500 or $600 below the budget estimate made. Motion by Heintz, Seconded by Norberg to award the informal bid to the low bidder, Structural Wood Corporation in the amount of $2,840, and the Mayor and City Manager be authorized to enter into the contract for same., Ro11 Call: All Ayes HEARING ON SIDEWALK INSTALLATION ~ . Only one resident, Mr. Forest ~.. Welton, 4906-4th Street, was present from the area. in regards to this sidewalk installation. This is a sidewalk on. the north side of.49th Avenue N.E. .between University and 4th. Street. Mayor Nawrocki explained that this hearing was called because of a letter from Mr. Slawko Dupak on the corner of 49th anal 4th Street requesting this consideration. Mr. Dupak stated that he could not keep the boulevard along his property in good condition because of the City,°:wint.er-sal-ting.:;of~.~4;9,th,:~Av~en~ue~;~'[and~~peopl~e~walki:nga~~to:zthe corner grocery, and so, would like a sidewalk installed at this location. Mr. Gustafson read a report from Assistant City Engineer, Clayton Berg, explain::ing where the sidewalk would be located, and how the installation would be made. A five foot sidewalk adjacent to the curb was proposed. " Mr. Gustafson showed the Council the pictures taken of the area, and the draw~i~ngs of the plans for the area: 'in addition, he explained"~ that the assessment was estimated. to be at $2.00 per avenue foot. ~_ Mr. Welton expressed his opposit-ion to this project, because he felt that it would not benefit him in any way. The way the assessments are handled was explained to him, and the proposed assessments~f'or~.~~k his 60 foot piece of land were figured at $120.00. -132- May 12, 1975 Councilman Norberg expressed his opinion that no action should be taken on this sidewalk since only one person_Was present for the hearing. Mr." Norberg also felt that Mr. Dupa k, the original petitioner for the sidewalk, should have come to the meeting. Mayor Nawrocki pointed out that all the affected properties had been notified, and that the letter received by Mr. Dupak was indication enough as to how he felt. Motion by Land, Seconded by Logacz to authorize the City Manager to proceed with the sidewalk installation on 49th Avenue as outlined. Ro11 Call: Logacz, Heintz, Land, Nawrocki-Aye Norberg-Nay RESOLU TION #75-35 ORDERING IMPROVEMENTS Offered. by Land, Seconded by Logacz Roll Call: Logacz, Heintz, Land, Nawrocki-Aye Norberg-Nay Resolution..#75-35 was adopted, WHEREAS, the City Council of the .City of Columbia Heights by MOtion on the 14th day of. April, 1975 ordered notice of a hearing_ to be given to property owners, and WHEREAS, .pursuant to a notice of .hearing certain residents appeared at a Council Meeting on the 12th day of May, 1975, and WHEREAS, th,e"Council determines to proceed with this local improvement, a portion of the cost being defrayed by special: assessments under. Charter provisions. NOW:, THEREFORE, IT IS HEREBY RESOLVED: 1. That the location and extent of such improvements is sidewalk installation on the north side of 49th Avenue between University Avenue and 4th Street N.E. 2. That the materials to be used are: concrete. 3. That a careful estimate. of the cost of the improvement has been made by the City Manager and the several lots arrd parcels of ~,,~ land fronting upon and adjacent to such proposed improvement,. which he deemed benefited thereby, were properly notified of said heari n.gs, and 4. That :the City Manager shall also list the names and owners of the several parcels so improved as~,nearly as can be ascertained. 5. These improvements shall also be known as Project No. 703. AI;LEY LfGHTING Mayor Nawrocki discussed a petition which had been received from the residents along the alley between University and 4th Street, south of 44th Avenue requesting the placement of anr>.additional light between , the two other lights which had.been placed and authorized earlier~in the yea r." Mr. McMurray was present from this block and spoke on the i -133- May 12, 1975 need for this additional light. John Schedler pointed out that the City would have no objection to the placement of another fight. The costs to be charged.to.the properties along this alley, for all the lights, was estimated to be 30~ per foot per year. Motion by Heintz, Seconded by Logacz to authorize the City Manager. to proceed with the .placement of an additional light on the power pole behind 4334-4th Street. Roll Call: All Ayes' HOME OCCUPATION PERMIT Wilma VanAllen 1814-40th Avenue Mrs. VanAllen was present to explain what she 'is proposing to do as a home occupation. She plans on operating a home workshop for small gift items, and would involve mostly items-made of leather, wood, and plastic. She explained that she had spoken. to the Fire Department, as she was required to do 6y the Planning and Zoning Commission, and" will build fire doors,andF:.wal=l~s:, and have ventilation systems to conform with the Fire Department requirements. Mayor Nawrocki pointed out that these permits are subject to renewal annually, and if any problems are found in the future, may not be granted again. ~ Motion by Logacz, Seconded by Heintz to grant the Home Occupation Permit to Wilma VanAllen,~1814-40th~Avenue, as recommended by the Planning and Zoning Commission upon payment of proper fees, subject to approval by the Fire Department. .Roll Call: All Ayes HOME OCCUPATION PERMIT Kaye Stickler.- 696-40th. Avenue Mrs. Stickler was present to request this home occupation permit to operate a smal 1 handaecpraft shop i n her .garage. She explained that she works full time, so this shop.-would only be operated evenings, and weekends. Councilman Norberg pointed out to her that the purpose of`the home occupation permit is for individuals to sell items which have. been made within the home.She stated that she was aware of this, and would con~f.arm. Motion by Heintz, Seconded by Norberg to .grant the home occupation permit to Kaye Stickler, 6g 6.-40th Avenue, as .recommended by the Planning and Zoning .Commission upon payment of proper fees. Roll Call: All Ayes EXTENSION QF NQN;CONFORMING USE Car Wash 4810 Central Avenue Mayor Nawrocki stated that this request is for an addition to be built at the car wash at 4810 Central Avenue. Because this car wash. was a non-conforming use when the zoning ordinance'went-into effect, r this addition to the building would be an extension of this non-conforming ~ use. Mr. David Colehour, owner of the car wash was present to show r ~ and explain the plans to the City Council. -134- May 12, 1975 Councilman Land stated that the Traffic Commission had reviewed the plans, and found no problems with them. A 1 engthy d:i cuss~ion. was he:l:d on she conditions of th i s area in general, including the Red Bann property, and the Pancake House: Councilman Norb'erg expressed his own concerns. in regard to this " property.. He stated that he feels that the problem with the driveway exiting onto 49;th Avenue is haza.rdous,:and creates a nuisance .for anyone traveling on 49th Avenue. Councilman Land repeated that.the Traffic Goinmission saw no problems with the Traffic at this location, and that he personally saw no great problems created by the driveway: Mayor Nawrocki questioned Mr. Colehour as to whe"ther the Car Wash-: had any easements across the Red Barn for access to~ the Car Was.h." Mr. Colehour stated that there are easements granted. Mayor Nawrocki also expressed his concern s: on-the genera l".aesth:etics.~ of the: area. I"n particular, he pointed out the fence :behind the proper~Ei"es,, a.nd_asked who is responsible fo'r maintainin_g_ them,' " fence. Mr.' Colehour explained that each- es~tabl ishment "is. t.o "take care of the portion of fence directly behind their own property. Mr. Colehour pointed out particular problems in maintaining the ~ -: f ence,. atld_in particular he pointedly stated that the homeowners.on the other side of the fence contribute to the pro~~lirm~:,. Mayor Nawrocki spoke on his own use of the Car Wash, and problems he has encountered. He also spoke of the~need for improvement of the g"eneral appearance of the property, i.e.,shrubs, etc. Motion 6y Heintz, Seconded by Land to grant the extension of the nonconforming use for the addition to the car wash, as outlined, at 4910 Central_Avenue as recommended. by. the Pl,anhing and Zoning Gomm•ission. The requirement is made that the owner of the Car Wash meet with the building inspector to discuss ways of improving ,the aesthetics of the property inelud'tng shrubs, screening, and other apprdpria"te means, and that the fence behind the property be fixed up. In addition, the addition to the building is not to alter the appearance of the building, in that the building should continue the .appearance of one structure, and not a primary structure plus the addition. Roll Call: All Ayes Mayer Nawrocki pointed out that not only Mr. Colehour's car wash, but also the"other establ"ishments in this area should be contacted to maintain the fence., and improve the aesthetics of the area. Building Inspector, Arden Hovland; stated that he would contact the other businesses in regards to these .concerns. ` Also, Mayor Nawrocki stated that.the corner.of the fence, near " 49th Avenue, should be required to be lowered because the visibjility onto 49th Avenue is very poor. Mr. Hovland stated that he would check trrta._thi~s, as we1.1_.- .. _.135_ May 12, 1975 TRAFFIC COMMISSION RECOMMENDATIONS Discussion was he ld on the Recommendation of the Traffic Commission for the placement of STOP signs•on"7th Street aft 48th Avenue. Councilman Norberg stated his concerns that the traffic will be stopping at the bottom o'f the hill, and this would. cause particular problems during the winter. ~ - Councilman Land pointed out that this is not the block which is fihe bottom of the hill on 7th Street, and that the Traffic Commission had found no problems with the proposed STOP signs. Motion by_ Land, Seconded by Hein-t z, to approve the installation . of STOP signs stopping north and south bound traffic on 7th Street, at 48th Avenue, as recommended by the Traffic Commission. Roll Call: Logacz, Neintz; Larrd~; Nawrocki-Aye Norberg-Nay TOWING CONTRACT Motion 6y"Neintz,~Seconded by Norberg to authorize the City Manager to advertise.for bids for the Towing Contract for the one year period beginning July 1, 1975, with. the bids to be opened on Monday, :June 9 at the regular council meeting. Roll Call: All•Ayes HOME OCCUPATION .PERMIT" Herbert Ree' 4606 Jefferson -Street Mr. F.jerbert Ree, 4606 Jefferson Street, was present to request an appeal from the Planning and Zoning Commission denial~of his application fora home occupation permit to distribute bulk meat , from his home. He presented the Council with a letter explaining the process`which he would be involved in. He explained that his brother-in-law raises beef cattle and pigs, and would bring his mea t to Mr. Ree's home, for purchasers in fhe-area to pick up the meat. Mr. Ree explained that the money received would go directly to his brother-in-law. He also stressed that he is not buying the meat himself for resale. Discussion held orb the size of his :freezers; and.the amount of meat which"would ,be handled: Mr.. Ree stated that he 'is set up to handle twelve~50_pound boxes of the meat.-. : Councilman Logacz explained the a.cti.on of the Planning and Zoning Commission regarding this request. He pointed out that Commission members were-not personally opposed to the plan, but tha"t ~they.coul,d find no lagal:way to :g rant the:request. The Zoning Ordinance doe~_ . not allow for this type :o f. business to.be carried out .from a residence. C i ty Attorney, Rona 1 d Ka 1. i na,~ expo a i ned the request. i n . rel at,i on to the ? Zoning Ordinance. He stated tha under the definition of the Home Occupation Permit, this would no_t :be allowed because .th'e definition states tha:t.no.retail' sale.can.be made on.the.site~of products produced-off the site. Things sold un.de:r the Home Occupation must be engaged in only by persons residing in the dwelling. -136- May 12, 1975 ( ~~ Mr. Kalina also stated that a Conditional Use Permit could not be granted, as this request is not an acc~ptab1e use in the Residential area under the Conditional Use Permit. .The only way which the Attorney could suggest "that this request could. be granted would be to change the zoning ordinance, ei-that by a spot rezoning of the property, or by changing the definition of the Home Occupation Permit. Discussion held on these facts. Mr. Ree pointed out that the meat is government inspected, and discussed the business his brother-in- law operates. He also stated that most of the meat would be picked up the same leek" end as when h i s b rother- i n-1 aw b rought i t to+_.~~~- t&~e house, and only a few would be picking it up during the week, after his bro~th.e~-in-law has gone home. Mayor Nawrocki restated what the Attorney had said about the need to ei"t her rezone the property, change the Home Occupation Section of the. Zoning Qrdinance. Other than that, he stated that if Mr. Ree wishes to pursue the request, he could take it to the courts, and challenge the Zoning Ordinance. Both Mayor Nawrocki, and Councilman Logacz explained the problems, and the long process of changing the Zoning Ordinance. They pointed out how long it took to get the Ordinance in acceptable form for final adoption, and to "change the ordinance would be a long process. guarantee of getting it changed could not be made. Motion by Heintz, Seconded "by Lpgacz to deny Mr. Rae's request for reconsideration of the request fora Home Occupation Permit to distribute bulk meat, based on the fact that it is not allowable under the Zoning Ordinance. Roll Call: All Ayes LIBRARY REMODELING Discussion held on the letter received from the Librarian, Mrs. Harriet Deeble, informing the Council that the Library Board has passed a resolution seeking permission from the City Council to vacate the premises of the gun range in the basement of the library in order to expand the Children's facilities of the library. Councilman Norberg expanded on the contents- of the letter by relating what had taken place at the Library Board meeting in regard to the proposed"remodeling, and removal of the gun range. ` Councilman Heintz reported that he had discussed the suggested removal of the gun range; and had been told that the Police and ,~ other activities who use the City gun range could use the County ' facilities when they are completed- this fall, which will be located at Bunker Prairie Park. -137- May 12, 1975 Discussion was held on the cost of using other facilities than the City's own. Mayor Nawrocki pointed out that use of the gun range, and the reason it was built should be considered. He pointed out that the basemen t. would not even be in the library if it hadn't been for the decision to build a gun range. The use of the basement for civil defense purposes was on the Mayor's major points. He also discussed the need for the gun range for the police to meet their requirements, and for the fire arms safety training program. Discussion was held on the way the, financing, had been handled when the library basement was built, as the Mayor thought that federal funds were used, and there would be a problem in using it for any reason other than what the funds had been intended for. Mr. Gustafson, City Civil Defense Director, explained the way the funding had been handled, stating that no federal funds had been used. He further elaborated on how the development of the basement, and gun range had evolved. Councilman Land spoke on the fact that the City will eventually have a public service building, and taking the gun range out of the library now would only be temporary,,unti'1 the public service building is built and the gun range can be put in there. Mayor Nawrocki spoke at length on the problems of giving the Library Board permission to go ahead and have the gun range removed. He stated that first it should be known where the Police will go for their shooting, and also have a place in mind for the Fire-arms training program. Also, he pointed out that the funding, and manpower, for the removal has not been set up as it should be before authorization is given for the removal. Andy Chuchwar, director of the fire-arms training program, was present to explain the use of the gun range in his classes. Further discussion was held on other problems involved, regarding where storage of equipment could go when removed from the library. Mr. Gustafson felt that the storage area in the library would -still be available.. Councilman Norberg also expressed his belief that the storage could be retained. Motion by Logacz, Seconded. by Heintz to concur with the Library Board request for the removal of the gun range in the basement of the Columbia Heights Library. Roll Call: Logacz, Heintz, Norberg, Land-Aye Nawrocki-Nay Mayor Nawrocki stated that he is opposed to the removal of the gun range from the library until sucfi time as a definite place is decided as to where the present use of the range can be moved. Councilman Heintz asked that the Public Works Director check into what other facilities are available for use by the gun training,and police. -138- May 12, 1975 RECESS WAS called at 10:20 p.m. MEETING RECONVENED at 10:37 p.m. CONTINUED DISCUSSION ON SEWER DEPARTMENT CASTINGS At this time Attorney Kalina reported that hehad discussed the bids with the Sewer Department Superintendent,. Don Jolly, and in comparing the two companies on the sewer department castings, based on the fact that Neenah Foundry-Roy Stinson is a local company readily available to the City and has their own_yard with some of the items available now (wh.ereas Adler does not have the storage arrd the products available immediately) and the knowledge from past experience that Roy Stinson has given good service, and the knowledge that dealing with local dealers gives better service and quicker delivery; he could find no reason why the bid could not be awarded to Roy Stinson. Mr. Kalina pointed out that the delivery charges will be added if the delivery is less than one ton, and because of this the need to award to only one company `to make certain that they deliver greater than one ton of material, also makes award to-Roy Stinson proper, since in comparing total bids, his bid is lower. Mr. Kalina's comments were followed by a continued lengthy discussion on which company should receive the award of bid. Discussion was held on the possibility of splitting the bid and still making sure that both companies would be handling greater than one ton purchases. Mr. Gustafson stated that this was a possibility, but would take some time to figure out. Motion 6y Heintz, Seconded by Land to award the bids as listed to Roy Stinson, Neenah-Foundry, on the basis of low total bid, time and, availability of a local dealer, availability of some of the items in.-stock at the present time, and past experience of good performance. Further discussion was held before the roll call was ,taken, making certain that the award of bid would be proper. In the meantime, Mayor Nawrock.i worked on figuring the ,comparison on the two companies on a total bid basis, rather than the indiv:idual_. bids, and along with Mr. Gustafson, they pointed out that on the total bid, Nenah Foundry-Roy Stinson is lower by approximately $20.00. Motion by Norberg to table until the next regular meeting died for lack of a second. ROLL CALL: on Award of bid to Neenah Foundry--Roy Stinson: Logacz, Heintz, Land, Nawrocki-Aye Norberg-abstained i 1 -139- May 12, 1975 Motion by Heintz, Seconded by Logacz to award the bid on i0 two inch steel adjusting rings to Crown Iron in the amount of $3.9.75 each ($397.50 total), based on low responsible bid, as other lower bids were not acceptable because the dimensions would not be compatibie with presently installed manhole fittings, or were otherwise not to specifications. Roll Call: All Ayes ORDINANCE #835 DECLARING WEEDS AND GRASS OVER ONE FOOT IN HEIGHT, WEEDS WHICH HAVE GONE OR ABOUT TO GO TO SEED OR GROWING IN THE CITY OF COLUMBIA HEIGHTS TO BE A NUISANCE, AND PROVIDING FOR A METHOD FOR THE REMOVAL THEREOF. Councilman Land began the discussion by stating his opposition to the requirement that the weed inspector must inspect all premises and places within the City for the presence of weeds. He pointed out that it should not state ALL properties. Changed wording was discussed and it was changed to MAY inspect ANY premises... rather than SHALL inspect ALL premises and places. Discussion was also held on the contents of the definition section of the ordinance, defining the weeds. Councilman Norberg pointed out that the definitions include the words "weeds" and it is not possible to define weed`s using weeds in the definition. For example, the fourth definition states ''any tall weeds or grass growing upon any lot or parcel of land in the City to a height greater than one (1) foot" and Mr. Norberg stated his opposition to this wording. In addition, discussion was held on the one (1) foot tall to define the weeds as perhaps being too broad. City Attorney, Ronald Kalina, pointed out that this ordinance is only a temporary means to give the weed inspector a working ordinance for this coming summer, and that changes would be incorporated when the ordinance recodification is adopted. Councilman Norberg requested clarification of certain other sections of the ordinance, and this was done by the City Attorney. Considerable discussion was also held on Section b of the ordinance, stating that the City Clerk shall establish a separate improvement fund for the administration of weed eradication and control service charges. Discussion centered around whether this includes both the administration of the weed control and receipt of payment from the individual property owners. In addition, discussion was held as to whether this would require a separate line item in fihe budget. Motion by Heintz, Seconded by Norberg to table further consideration was later withdrawn. Motion by Norberg, to strike the first paragraph of Section 6 died for lack of a second. -140- May 12, 1975 Motion by Norberg to strike Section 1 (4) died. for lack of a second. SECOND READING held on Ordinance #835 Offered by Logaez, Seconded by Heintz Roll Call: Logacz, Heintz, Land, Nawrocki=Aye Norberg-Nay Ordinance #835 was adopted. WEED COMPLAINT Kenneth Hentges was present at the meeting, and at this time in regard to the Weed Ordinance #835, h~ pointed two ,locations in the City where the weed problems should be checked. One was between 40th and 41st, between Hayes and Arthur Streets. He pointed out that this is a landlocked .piece of property. Also, he stated that between Arthur Street and 42nd Avenue, between Arthur Street and Stinson Boulevard is also a lot full of .weeds, which people have apparently been using as a dump. Mayor Nawrocki asked that this be .checked into. SUBDIVISION REQUEST Verne Passage 967-42nd Avenue Motion by Land, Seconded by Heintz to grant. the lot ,subdivision to Verne Passage for his-property at 967-42nd Avenue creating a separate, parcel on 42z Avenue with the descriptions of the two parcels to be as follows: North 16.5 feet of East 2 of Lot 35 Subj. to road and utility easement over No. 30' Block 3, and East 2 of Lot 35 (Except North 165 feet) subj.. to road and utility easement over S. 5' Block 3 Roll Call: All Ayes LICENSES Motion by Norberg, Seconded by Land to grant the licenses as listed upon payment of proper fees., Ro11.Ca11: ..A11 Ayes, OLD BUSINESS Councilman„ Norberg pointed. out that the light ,proble.m.at the Hi l.l.to.p Shopping Center has finally been alleviated. i -141- May 12, 1975 VOTOMAT I C MACH-LNES Councilman Norberg indicated to the Council that still no bill has been introduced into the legislature which would authorize the supply company for the votomatic machines. We expressed his concern that the City would not be able to use the votomatic machines unless such a bill was passed. Brief discussion held. Mr. John Schedler stated that he had checked into this item and that no bill was needed. The purchase of these materials for the votomatic machines, which is for the parts, etc. is designated to the Voting Machine Commission and there seems to be no problem as far as having the necessary contracts arranged. Mr, Schedler did .state that there seems to be a bit of delay, but that even if it never was authorized, it would not hinder the elections, as the actual ballots can be printed anywhere, and only the parts for the machines are under the State Voting Machine Commission. STUMP REMOVAL Councilman Norberg questioned the .Public Works Director on plans for stump removal. He indicated that some of the stumps are Elms, and he is worried about the Dutch Elm Disease. Mr. Gustafson indicated that the City is negotiating with the stump remover for the removal of stumps around the City. GARBAGE COMPLAINT Mayor Nawrocki questioned what has taken place regarding a garbage complaint brought up at the Council hearing on April 22, at 4420-2nd Street, and asked that a report be submitted regarding this item. NEW .BUSINESS Councilman Norberg reported to the Council that a former City employee is bringing a charge of discrimination relating to his discharge, before the Human Rights Commission for their consideration. Councilman Norberg also indicated that the report made earlier in the meeting that a beauty shop is operating in Mr. Dupak's home on the corner of 4th Street and 49th Avenue should be checked into as to whether they have a permit or not. Mayor Nawrocki brought up the matter of a letter from the Housing Authority relating to their desire to handle their own payro ll. The Council each indicated that no action should be taken on allowing this to happen until the Council has discussed it. -142- May 12, 1975 ALLEY DRAINAGE Mayor Nawrocki mentioned a project considered at the hearing on April 22, relating to the alley drainage in the alley Main to 2nd, 44th to 45th.. Earl Gustafson referred to a written report from Assistant City Engineer, Clayton Berg, regarding this subject as a progress report on what has taken place to date. Mayor Nawrocki also asked what the progress was on finding. other alternative ways of handling the assessment for work to, be done on Tyler Street, 44th to 45th, during the 1975 construction season. He asked that a report be made at the next council meeting. SAFETY COUNCIL AWARD Mayor Nawrocki questioned whether anyone would be attending the Safety Council Award banquet on Tuesday, May 13 to receive the safety award on behalf of the City. This was to be checked into the day following to be certain someone would be there. Mr. Land indicated that someone from the Traffic Commission would probably be attending. NORTHERN STATES POWER WATER AND SEWER PUMPING SERUICE.CONTRACT Mayor Nawrocki questioned the receipt of a letter from Northern States Power Company indicating to the City that they are cancelling the contract for municipal water and sewer pumping service at the end of the existing term, as the conditions covered under the existing contract are now part of the rates filed with and under the jurisdiction of the Minnesota Public Service Commission. 'Mayor Nawrocki asked what this would mean to the City of Columbia Heights. Mr. Gustafson indicated that he would check into this and submit a report. BICENTENNIAL Mayor Nawrocki reported that a bicentennial organizational meeting would be held on Wednesday, May 14 and urged that someone attend. SHOPPERS CITY Mayor Nawrocki asked what had been done regarding the problems indicated by Mr. Donald Lundhol.m at the last meeting in relation to rubbish on a neighboring yards around Shoppers City, and also truck travel on 43rd Avenue. Mayor Nawrocki asked that a. report be made regarding this item. -143- May 12, 1975 CITY MANAGERS REPORTS John. Schedler, Acting City Manager, reported an the status of the Fire Pension Bill in the legislature. CITY ATTORNEY REPORTS An informal meeting was scheduled with the City Attorney and City Council for Monday, May 19 at 7:00. p.m. to discuss the ordinance recodification. BOARD OF EQUALIZATION Mayor Nawrocki reminded the Council of their Board of Equalization meeting the following evening, May l3, at 8:00 p.m. PUBLIC WORKS DIRECTOR REPORTS Mr. Gustafson reported on work done on the clean-up and repair of railings at LaBelle Park. Motion by Heintz, Seconded by Logacz to adjourn at 12:10 a.m. Roll Call: All Ayes Bruce G. Nawrocki, Mayor Secrets y