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HomeMy WebLinkAboutMarch 9, 1987OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING MARCH 9, 1987 The meeting was called to order by Mayor Nawrocki at 7:30 p.m.. 1. Roll Call Paulson, Petkoff, Carlson,.Peterson, Nawrocki - present 2. Invocation The Invocation was offered by Reverend Paul Aldrich of St. Matthew Church. 3. Consent Agenda The following items were included on the consent agenda: a. Approval of Minutes of Previous Meetings: The Council approved the minutes for the Regular Council Meeting of February 23rd and the Board of Trustees Meeting of February 23rd as submitted and there were no corrections. b. Resolution No. 87-18 Being a Resolution Authorizing the Joint Bidding of Seal- coat'ing Work for Streets with the Cities of Columbia Heights and Fridley The staff feels there may be some economy of quantity if the sealcoating work for both cities is bid jointly. RESOLUTION NO. 87-18 A RESOLUTION AUTHORIZING THE JOINT BIDDING OF SEALCOATING WORK FOR STREETS WITH THE CITIES OF COLUMBIA HEIGHTS AND FRIDLEY WHEREAS, sealcoating of asphalt streets is required; and WHEREAS, the combination of these requirements into a single request for compe- titive sealed bids is desirable to obtain quantity economies; and WHEREAS, it is the desire of the cities of Columbia Heights and Fridley to solicit bids by a single request for bids in accordance with the following procedures: i. Any municipality desiring to contract for the purchase of any materials, supplies or work in cooperation with the other municipalities which are parties to this agreement shall, by its representative, notify the other municipalities of such desire, indicating the items and the quantity. 2. If two or more of such municipalities decide to cooperate in the joint bidding, the Authorized Representatives of the participating municipalities shall prepare the necessary plans and specifications, submit the same to the participating municipalities for their approval, and following such approval by each participating municipality, the Authorized Representatives of the participating municipalities shall advertise for bids in the name of all participating municipalities. All solicitations or advertisements for bids, together with the awarding of said bids, shall be in accordance with established practices and applicable laws. 3. Within five days after the receipt of bids, the Authorized Representatives of the participating municipalities shall determine which, in their opinion, is the best bid submitted, and they shall notify each of the parcitlpating muni- cipalities of their findings. Regular Council Meeting March 9, 1987 page 2 4. After receipt of the recommendation of the Representatives, or ~fter the expiration of fourteen days, whichever occurs first, any municipalities desiring to execute a contract shall award the contract to the bidder which it determines to be the lowest responsible bidder, and each participating municipality shall then enter into a separate contract with the successful bidder for the materials, supplies and/or work advertised. Inasmuch as the purpose of this Agreement is to allow the participants to benefit from purchasing labor and materials in larger quanitites of goods, materials, supplies and labor purchased for them under this Joint Agreement as initially requested by them; consistent with their actual needs. 5. All advertising costs in connection with the proposed purchase of any mate- rials, supplies or work shall be borne equally by the participating munici- palities. 6. Not withstanding any other language to the contrary, each municipality reserves the right to reject any or all bids pertaining to that municipality, in whole or in part, in connection with the proposed contract of any materials, supplies or work. 7. It in understood and agreed that each participating municipality will make its own separate contract with the successful bidder, that each participating municipality shall only be liable to the successful bidder for materials, supplies or work contracted for by such municipality without any liability for purchases contracted for by any other participating municipality, and each successful bidder shall be required to bill each participating muni- cipality directory for the materials, supplies or work ordered by it. 8. In the event of any dispute between a municipality and a successful bidder arising after a contract has been executed, such a dispute shall be handled by and between the particular municipality affected and the contractor. 9. By agreement of all the parties hereto any other municipality may become a participant to this procedure prior to notification for publication of bids. lO. Each party hereto further agrees to save harmless any of the other parties hereto sufferi~ng loss or damage with respect to the contract supplier for failure to pay for any items actually ordered or. failure to take the amount initially designated by such party and included in the award on behalf of such part pursuant to this contract. BE IT RESOLVED by the City Council of the City of Columbia Heights, as follows: 1. That the Public Works Director is hereby authorized to work with the Autho- rized Representatives of the City of Fridley in the development of plans and specifications for joint bidding of street sealcoating, in accordance with the procedures stated above. . 2. That conso)idated advertisement of bids for asphalt street sealcoating is authorized with the City of Fridley. Regular Council Meeting March 9, 1987 page 3 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS THIS 9TH DAY OF MARCH, 1987. Offered by: Paulson Seconded by: Petkoff Roll call: All ayes Jo-Anne Student, Counci) Secretary ATTEST: William Elrite, City Clerk ATTEST: Shirley Haapala, City Clerk APPROVED AS TO FORM: CITY OF COLUMBIA HEIGHTS Bruce G. Nawrocki, Mayor Robert S. Bocwinski, City Manager APPROVED AS TO.FORM: Ronaid S. Kalina, City Attorney CITY OF FRIDLEY William A. Nee, Mayor City Attorney Nasim M. Qureshi, City Manager c. Purchase of Portable Radios for the Police Department: Motion by Paulson, second by Petkoff to appropriate $2,462.20 from the Undesignated General Fund Balance to the Police Department Budget of the General Fund, and to authorize the expendi- ture of $2,462.20 for the purchase of four portable radios via the City of Coon Rapids for purchase from Hennepin County Contract #7614. Roll call: All ayes d. Purchase of Lumber: Motion by Paulson, second by Petkoff to authorize the pur- chase of lumber for various park repairs and installation from Shaw Lumber Company in an amount not to exceed $2,214.50, based upon low, informal quotations; and, furthermore, that the Mayor and City Manager be authorized to execute a contract for same. Roll call: All ayes e. Establish Date for Special Assessment Hearing: The City Manager withdrew this item from the agenda. f. Request to Vacate Easement at 1912 42nd Avenue: This item was withdrawn from the agenda. g. Authorization to Make Full and Final Payment to Harper-Crawford Bag Company for Recycling Bags: Motion by Paulson, second by Petkoff to authorize full and final payment of $6,104 to Harper-Crawford Bag Company for the purchase of "Recycllng Bags". Roll call: All ayes h. Joint Powers Agreements/Sealcoating: Motion by Paulson, second by Petkoff to authorize the Mayor and City Manager to enter into a Joint Powers Agreement with Regular Council Meeting March 9, 1987 page 4 the City of Fri~ley to sealcoat certain border streets. Roll call: All ayes Motion by Paulson, second by Petkoff to authorize the Mayor and City Manager to enter into a Joint Powers Agreement with the City of Hilltop to sealcoat certain border streets. Roll call: All ayes Motion by Paulson, second by Petkoff to approve the Consent Agenda. Ro11 call: All ayes 4. Oral Petitions A City police officer requested that a deferred compensation plan.for Clty employees be discussed. Mayor Nawrocki advised the officer that this matter had already been referred to the City Attorney for his review. It was noted that the City Attorney had contacted the Attorney General's office regarding this matter and at the present time is awaiting an answer. The Executive Director of the State Retirement System advised the Council that State mandate p~ohibits this matter from being a negotiated item and that any employee who wishes to participate has that right. This law was passed in 1975. The Mayor said an answer to this issue should be back by the next regular Council meeting. The resident at 4233 Quincy Street had concern regarding the engineering costs a~d' the administrative costs for an upcoming alley improvement. He felt they were too high. The City Manager was requested to draft a letter to this resident explaining the formula used to compute these charges. 4a. Proclamatlon Mayor Nawrocki read the proclamatlon regarding the United States Constitution. 5. Ordinances and Resolutions a. Second Reading of Ordinance No. 1140; Being an Ordinance Amending Ordinance No. 853, City Code of 1977, Pertaining to Zoning Amendments This ordinance establishes a massage therapist business in the Central Business District. Motion by Peterson, second by Paulson to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 1140 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY COOE OF 1977, PERTAINING TO ZONING AMEtIDMENTS The City of Columbia Heights does ordain: Section I: Section 9.112(2) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which currently reads as follows, to-wit: 9.112(2) Conditlonal Uses Within any "CBD" Business Oi.strlct, no structure or'land shall be used for the following uses except by conditional use permit. (a) Accessory structu'~es (bi Dwelling units provided: Regular Council Meeting March 9, 1987 page 5 i) The units do not occupy the first floor. ii) That a roof intended for usable space shall be enclosed by a wall or fence not less than five (5) feet in height; (c) Open sales lots provided that: i) The lot is surfaced and graded according to a plan submitted by the applicant and approved by the City Engineer. ii) The assembly, repair, or manufacture of goods shall not occur within an open sales lot iii) If the operation of the open sales lot be self-operated or automated in total or in part, a site plan shall be submitted indicating the location of such devices. iv) There is located thereon a building devoted to and used in soch sales use which is at least as large in floor area as such occupation and use. id) Off-street parking lots subject to Section 9.116(2). (e) Parking ramps. (fl Public utility structures. (g) Vending machines (coins operated) whether they be for service or product shall be permitted inside of a building; whmn located outside of building they shall be considered as a building and conform to all applicable regulations. Should the vending machine be the principal use on the site, off-street parking shall be provided at a ratio of one (1) space for each two vending devices. (hi Restaurants, cafes, tea rooms, taverns, bars, provided said design is to only serve customers seated at tables, counters or booths. (il Arcades. (j) Tennis, racquetball, handball, table tennis and boxing clubs that provide facilities such as auditorium or bleacher areas for viewing such that exhibitions are possible. Shall hereafter be amended to read as follows, ti-wit: Conditional Uses Within any "CBD" Business District, no structure or land shall be used for the following uses except by conditional use permit. (al Accessory structures. (bi Dwelling units provided: i) The units do not occupy the first floor. ii) That a roof intended for usable space shall be enclosed by a wall of fence not less than.five (5) feet in height.. Regular Council Meeting March 9, 1987 page 6 (c) Open sales lots provided that: i) The lot is surfaced and graded according to a plan submitted by the applicant and approved by the City Engineer. ii) The assembly, repair, or manufacture of goods shall not occur within an open sales lot. iii) If the operation of the open sales lot be self-operated or automated in total or in part, a site p]an shall be submitted indicating the location of such devices. iv) There is located thereon a building devoted to and used in such sales use which is at least as large in floor area as such occupa- tion and use. (d) Off-street parking lots subject to Section 9.116(2). (el Parking ramps. (fi Public utility structures. (gl (hi Vending machines (coins operated) whether they be for service or pr.oduct shall be permitted inside of a building; when located outside of building they shall be considered as a building and conform to all applicable regulations. Should the vending machine be the principal use on the site, off-street parking shall be provided at a ratio of one (1) space for. each two vending devices. Restaurants, cafes, tea rooms, taverns, bars, provided said design is to only serve customers seated at tables, counters or booths. (ii Arcades. (j) Tennis, racquetball, handball, table tennis and boxing clubs that provide facilitles such as auditorium or bleacher areas for view- ing such that exhibitions are possible. (k) Massage therapist businesses licensed pursuant to Section 5.612. Section 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: Second reading; Date of passage: February. 9, 1987 March 9, 1987 March 9, 1987 Offered by: Peterson Seconded by: Pauison Roll call: All ayes Jo-Anne Student, Council Secretary Mayor Bruce G. Nawrocki b. Resolution No. 87-17; Regarding Master Labor Agreement Between the City of Columbia Heights and International Union of Operating Engineers, Local 49 The City Manager reviewed items in the Agreement. Motion by Petkoff, second by Carlson to waive the resolution there being ample copies available to the public..~oll call: All ayes Regular Council Meeting March 9, 1987 page 7 RESOLUTION NO. 87-17 REGARDING MASTER LABOR AGREEMENT BETWEEN THE CITY OF COLUMBIA HEIGHTS AND INTER- NATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49 BE IT HEREBY RESOLVED by the City of Columbia Heights, that WHEREAS, negotiations have proceeded between the International Union of Operating Engineers, Local No. 49, representing members of the Public Works Depart- ment, and the Metropolitan Area Management Association Negotiating Com- mittee, and said negotiations have resulted in a mutually acceptable master contract for calendar year 1987 and 1988 and 1989, NOW, THEREFORE, BE IT RESOLVED that the master contract agreement as negotiated, be and is hereby established as the wages and fringe benefit program for calendar year 1987, with a wage and insurance reopener for calendar years 1988 and 1989 for International Union of Operating Engineers bargaining unit employees of the Columbia Heights Public Works Department. BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. Passed this 9th day of March, 1987. Offered by: Petkoff Seconded by: Carlson Roll call: All ayes Jo-Anne Student, Council Secretary Bruce G. Nawrocki, Mayor 6. Communications a. Planning and Zoning Commission 1. Copies of the March 3rd meeting of the Planning and Zoning Commission were received. 2. Front Yard Variance Request - Mark Jacobs, 1216 39th Avenue This request is being made so the garage can be expanded to accommodate special needs. The Mayor had viewed the property and noticed that cars presently parked on the lot were nearly at the street line now. He said if the variance were approved the cars would be across the boulevard and nearly in the street. He saw this as a potential hazard for pedestrians. Motion by Paulson, second by Peterson to approve a variance of fifteen (15) feet from the west corner of the garage to the north property line as recommended by the Planning and Zoning Commlsslon. Roll call: Paulson, Petkoff, Carlson, Peterson - aye Nawrocki - nay b. Traffic Commission Copies of the March 2nd meeting of the Traffic Commission were received. No Council action was required. c. Fidelity Bond Various aspects of the bond were discussed. R~gular Council Meeting March 9, 1987 page 8 Motion by Petkoff, .second by Paulson to authorize the purchase of the following fidelity bonds: $I00,000 to cover the City Manager position; $100,000 to cover the Finance Director position; and, $ 10,000 Blanket Bond for all other employees who handle money; from United Fire at a premium of $1,490. Roll call: All ayes d. Letter from Community United Methodist Church Regarding Parking Problems The City received a letter from the Church regarding parking problems being experienced in their lot. Specifically, patrons of the Heights Theatre use the lot in the evening and members of the Church are unable to park in the Church lots for evening events at the Church. Unauthorized parking has conti- nued and handicapped spaces and clergy spaces are being used. Suggestions for parking restriction enforcement were discussed. Motion by Petkoff, second by Peterson that the Fire Chief and Public Works Direc- tor contact the church to give advice on proper signage that will achieve the church's goal, and report back to the City Council on April 13, 1987. Roll call: All ayes e. Management Plan for John P. Murzyn Hall The City Council received copies of the Management Plan for Murzyn Hall as pro- posed by the Park Board. Councilmembers were requested to review the plan and pass their comments on to the Park Board for discussion at the April meeting of- the Park Board. f. 1986 Preliminary Financial Report It was noted that the auditors are in the process of reviewing the financial report for 1986. General Fund revenues are higher than anticipated and the expenses are less than expected. The Mayor felt the City was in good financial condition for the year of 1986. Liquor profits were discussed and Mayor Nawrocki commended the Liquor Operati. ons Manager for operation and profits realized from the liquor sales. g. Alley Between Gould and 40th Avenue - Parking on Right-of-Way The resident at 1121 Gould called City Hall regarding parking and storage on the right-of-way in the alley behind his property. Previously a request to vacate this alley had been denied as it was used by one resident. Staff was directed to pursue this matter. The Mayor had observed a number of cars parked on the right-of-way. The Public Works Department will work with the Police Department on this matter. h. State Election Laws Versus City Charter Requirements The City Attorney advised the Council that a date for a Primary Election may be designated by the Council. He also feels that a charter change should be made. The Mayor requested the Attorney to review if the charter supercedes the state election laws. i. City Bus Usage Policy Insurance coverage for the City bus was discussed. The Council requested that number eleven in the guidelines for usage be rewritten. This guideline addressed insurance. Options for use of the bus were discussed. A motion to adopt option number one was made and then withdrawn. Councilmember Petkoff was concerned with the use of the bus for senior citizen trips sponsored by the Recreation Department. The City Mana- ger stated this practice would be discontinued until the insurance matter was re- solved. 'Regular Council Meeting March 9, 1987 page 9 j. Report from'COlumbia Heights/Hilltop Cable Communications Commission Regarding Franchise Violations and Non-Compliance Issues The City Manager reviewed all of the violations as contained in a letter he sent to North Central Cable. The cable company responded to this letter and it was re- viewed wlth representatives of the cable company. A problem with the emergency alert overrun system was reviewed and noted that a test of this system had resolved the problem. Members of the Council expressed concern with the use of the regional inter- connect channel for other programming. The cable company was requested to notify subscribers that this programming had been placed on this channel by the cable company and if it were to be moved it would be done by the cable company and not at the request of the Council. Councilmembers were concerned with the rate increase and the fact that subscribers were not notified. A representative of the cable company advised the Council that two premium chennels are being offered at no cost to subscribers for a two week period to respond to.this matter. Discussion continued regarding insurance, performance bond and subscriber survey. RECESS: 10:18 p.m. RECONVENE: 10:35 p.m. A representative of the cable company advised the Council that additional service. staff has been hired and trained. She noted that the hours of service have been increased. The Mayor observed that these hours are still not in compliance wlth the franchise agreement. Mayor Nawrocki expressed disappointment with the fact that the franchise has lost its local flavor with local programming. He also felt the channel guide sent to subscribers is not really free in that it began delivery at the same time the rates were increased. He felt this was a poor substitution for the electronic channel guide which had been discontinued. The Counci] was polled regarding each members' opinions on indlvidual franchise violations. Gary Matz, the City's cable counsel, was requested to draft a letter of response for the Council to the cable system operators. Changes to the franchise will require an ordinance amendment. k. Incentive Grant The staff will prepare a report on the materials coming into the City~s recycling station. 10. Reports a. Report of the City Manager The City Manager's report was submitted in written form and the following items were discussed: 1. Participation in the National Disaster Medical System: Mayor Nawrocki expressed a concern with the handlling of hazardous waste.which is probably being hauled through the neighboring railyards. 2. Imposition of Load Limit Restrictions on City Streets: The City Manager noted that a change must be made in the resolution regarding load limit restrictions. Notion by Peterson, second by Petkoff to waive the reading of the resolution there being copies available to the public. Roll call: All ayes Regular Council Meeting March 9, 1987 page lO RESOLUTION NO. 87-19 BE IT RESOLVED by the City Council of the City of Columbia Heights as follows: 1. That commencing on the 9th day of March, 1987, and continuing until the load restrictions on State Trunk Highways in Zone 3 are terminated, no vehicle shall be driven or operated uopn any street or public highway in the City 'under jurisdiction of the City.where the weight of such vehicle exceeds: 4 TON PER AXLE 2. The above restriction shall not apply on streets designated as Munlcipal State Aid or County State Aid routes and State Highways on which the weight of each vehicle shall not exceed: 7 TON PER AXLE This shall not apply to State or County Highways within the City where load limits are establlshed by their respective agencies or departments. 3. Notice of these restrictions shall be published and posted with respect to each of such streets and highways and when so published and posted the restrictions shall be in full force and effect; as all provided in accordance with Minnesota Statutes, Section 169.87. 4. A vehicle in excess of such limits may be operated or driven upon a street or public highway in the City without violation.of law when the same is done under Special Permit thereof issued in accordance with the provisions of Minnesota Statutes, Section 169.86 which are adopted and made a part hereof by reference the same as if fully incorporated herein. 5. The church bus, school bus, and other public transportation vehicle operators are given special permit to proceed with normal operation of their regularly established routes and at regularly established hours, said permits to be issued by the City Engineer. Passed and adopted by the City Council of the City of Columbia Heights, March 1987. Offered by: Peterson Seconded by: Carlson Roll call: All ayes Mayor Bruce G. Nawrocki Jo-Anne Student, Council Secretary b. Report of the City Attorney The City Attorney had nothing to~eport at this time. · Regular Counc11 Meeting March 9, 1987. page 11 11. Licenses _- Hotion by Petkoff, second by Paulson to apRrove the licenses as listed upon payment of proper fees, and that the transient merchant license of Natures Best Seafood be approved contingent upon fulfilling requirements of State of Minnesota and obtain- ing a license from Anoka County AudJtorls Office. Ro11 call: Al1 ayes 12. Payment of Bills Motion by Peterson, second by Paulson to pay the bills as listed out of proper funds. Roll call: Al1 ayes '.'here are Council work sessions scheduled for [larch 17th and 18th. Motion by Carlson, second by Peterson t ' · call: All ayes a.m.. Roll 'o-Anne Student, Cou-nc~F1 Secretary