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HomeMy WebLinkAboutFebruary 27, 1989OFFICIAL PROCEEDINGS COLUHBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL HEETING FEBRUARY 27, 1~8~ The meeting was called to order by Council President Paulson at 7:30 p.m.. 1. Roll Call Petkoff, Peterson, Paulson - present Councilmember Carlson was Hayor Hadtrath was out of town and 2. Pled~.p of, Allegiance 3. Consent Agenda The following items were on the consent agenda: Minutes of Previous Heetings The Council approved the minutes of the Regular City Council Meeting of February 13th as presented and there were no corrections. Resolution No. B9-09; Being a Resolution. Authorizing the Joint Biddin9 of Sealcoatin9 Work The Council waived the reading of Resolution 89-09 there being ample copies available for the public. RESOLUTION NO. 89-09 A RESOLUTION AUTHORIZING THE JOINT BIDDING OF SEALCOATING WORK FOR STREETS WITH THE CITIES OF COLUHBIA HEIGHTS AND FRIDLEY WHEREAS, sealcoating of asphalt is required; and WHEREAS, the combination of these requirements into a single request for competitive sealed bids is desirable to obtain quantity economies; and WHEREAS, it is the desire of the cities of Columbla Heights and Fridley to solicit bids by a single request for bids in accordance with the following procedures: 1. Any municlpality 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 ~he participating municipalities shall prepare the necessary plans and specifications, submit the same to the participatlng 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 solicltatlons 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 participating municipalities of their findings. Regular Council Meeting February 27, i~8~ page 2 h. After receipt of the recommendation of the Representative, or after the expiration of fourteen days, whichever occurs first, any municioalitie~ 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 quantities of goods, materials, supplies and labor purchased for them under this Joint Agreement as inltial]y requested by them; consistent with their actual needs. 5. All advertising costs in connection with the proposed purchase of any materials, supplies or work shall be borne equally by the participating municipalities. 6. Not withstandlng any other language to the contrary, each municipality reserves the right to reject any and all bids, in whole or in part, in connection with the proposed contract of any materials, supplies or work. 7. It is understood and agreed that each participating municipality will make its o~n separate contract with the successful bidder, that each participating municipality shall only be liable to the successful bidder for materials, supplies or wore 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 municipality directly for materials,, supplies or work ordered by Jr. 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 pub- ]ication of bids. 10. Each party hereto further agrees to save harmless any of the other parties hereto suffering 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 party pursuant to this contract. BE IT RESOLVED by the City Council of the City of Columbia Heights, as follows: 1. That the Publlc Norks Director is hereby authorized to work with the Authorized Representatives of the City of Fridley in the.development of plans and specifications for joint bidding of Street sealcoatlng, in accordance with the procedures stated below. 2. That consolidated advertisement of bids for asphalt street sealcoating is authorized with the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF COLUHBIA HEIGHTS THIS 27TH DAY OF FEBRUARY, 1989. Regular Council Meeting February 27, 1989 page 3 Offered by: Petkoff Seconded by: Peterson Roll call: All ayes Jo-Anne Student, Council Secretary ATTEST: Jo-Anne Student, Deputy City Clerk ATTEST: Shirley Haapala, City Clerk APPROVED AS TO FORM: CITY OF COLUMBIA HEIGHTS Russell Paulson, Council President Robert Bocwinski, City Manager APPROVED AS TO FORM: Ronald Kalina, City Attorney CITY OF FRIDLEY William Nee, Mayor William Burns, City Manager City Attorney Request for Subsidy to Anoka County Mediation Services The Council authorized a subsidy of $971 to Mediation Services for Anoka £ounty for 1989, such monies to come from the Mayor-Council Budget. Cable Communications Commission The Council authorized a subsidy of $350 to Twin Cities Regional Cable Channel, Inc. for 1989, based upon the recommendation of the Cable Com- munications Commission, such funds to come from the 1989 Cable Budget. State Firefighters Conference The Council authorized the attendance of Charles Kewatt, James Struwve and Scott Jester at the 1989 Minnesota State Firefighters Conference from June )5 - 17, t989 and also authorized that related expenses be reimbursed. Rental Contract for Nova Tech' Stack Mover The Council authorized the Mayor and City Manager to enter into an agre- ement with the Metropolitan Library Service Agency (MELSA) for the rental of a Nova Tech Stack Mover at $100 per day plus transportation charges as needed by the Columbia Heights Public Library. Authorization to Sell, Salvage or Dispose of City Property The Council authorized the sale, salvage, or disposal of 'surplus City property (fixed assets) as indicated on the listing of surplus property dated February 22, 1989. Ratify Action of City Manager in Purchase of Tires for Unit #11 The Counci.l ratified the action of the City Manager to purchase two tires for City Unit #11 from Suburban Tire Company in an amount of $1,654, and furthermore, authorized the Mayor and City Manager to enter into a contract for the same. Regular Council Neetlng February 27, 1~8~ page h Purchase of Replacement Pumps and Fi, lters for Wading Pools The Council authorized the purchase of two PF lO0 (PAC FAB) sand filters with two RPA - 700 2HP pumps from Paclfic Pool and Patio of North St. Paul for their low quotation of $1,83~.60 and also authorized the Mayor and City Manager to enter into an agreement for the same. Purchase of Weed Killer The Council authorized the purchase of 30 gallons of 2,h-D Amine and 16 gallons of Roundup from Tessman Seed and Chemical Company of Eagan off of the Hennepin County Contract #95h0 amounting to $1,315.04 and also authorized the Mayor and City Manager to enter into an agreement for the same. Licenses The Councll approved the license applicatlons as listed upon payment of proper fees. Payment of Bills The Council approved the payment of bills as ilsted out of proper funds. 4. Approval of Consent A~enda Notion by Petkoff, second by Peterson to approve the consent agenda as presented. Roll call: All ayes 5. Proclamations Council President Paulson proclaimed the week of March 5 - 12, 198~, as Volunteers of America Week in the City of Columbia Heights. A copy of the proclamation wi]] be sent to the Volunteers of America offices in Golden Valley. Sa. Flood Area Classification and Flood Insurance The City Manager advised that an ordinance designating certain areas in the City as flood areas was passed in 1978 or 1~79. A petition to remove this designation was received from residents whose properties are in the area of Jackson Pond. Many of the property owners felt the water problem has been solved since they had not experienced them since 1965. The City Manager stated that the problem of flooding had not been corrected. The long term solution which would be the extension of the storm drain would be very expensive. Residents felt the requirement to carry flood insurance decreased the Saleability of their property as it ~ould increase the purchase price of a dwelling in this area. Councilmember Petkoff noted that the require- ment to carry this type of insurance in a designated flood area was one required by 1ending and flnancial institutions. Some of the property owners felt the restrictions in this type of insurance rendered the coverage useless. Council President Paulson requested staff to research this matter and return their findings to the Council. Council- member Peterson requested staff to determine how many parcels were affected by this ordinance and to determine the cost and length of time it would require to do a study of the affected properties. The City Manager will request a copy of the insurance pollcy this ordlnance requires property owners to buy. 5b. Open Nike The resident at 500 qOth Avenue told the Council he felt .he had been Regular Council Heating February 27, 1989 page $ unprofessionally treated by some members of the Police Department and requested an investigation by the Council. Council President Paulson advised the resident that the Council was aware of the history of this complaint and it would be inappropriate to comment at this time as he understood there would be litigation.'The resident denied he intended to litigate thls matter. Another resident from the Fifth Street area expressed concern regarding the same matter. Ordinances and Resolutions and Public Hearings a. Community Development Block Grant - Public Hearing HRA staff reviewed the recommended activities for the Community Oevelopment Block Grant funds. Motion by Petkoff, second by Peterson to concur with the funding recom- mendations of the HRA Board of Commissioners and Human Services Commission for the use of the 1989 CDBG funds as follows: Economic Development Promotion Neighborhood Revitalization Program Multi-Use Redevelopment Plan Environmental Assessment Parkview Villa Handicapped Unit Renovation Rise, Inc. of Spring Lake Park Public Service Projects Shiloh Bethany Presbyterian Child Care Center Fire Safety Equipment $4,500 Amherst Wilder Foundation Parent Resource Center Parent Befriender Outreach $2,500 Anoka COunty Community Action Program Senior Outreach Program $6,889 Association of Retarded Citizens Family Support Services $3,000 Central Center for Family Resources Bridgeview Club - Transportation $],500 15,000 35,000 55,000 11,530 5,000 18,700 The projected 1989 project year funding total is $140,230. Roi! call: All ayes b. Continuatlon of January 23, 1989 Public Hearing Regarding State Aid Roadway - Washington Street The state aid designation presently is.on Seventh Street and a portion of 51st Avenue. Staff recommended it be moved to Washington Street, from 51st to 53rd Avenues. The Hearing was continued from danuary 23rd to February 27th to allow staff time to prepare alternatives for placing this desig- nation on Washington Street which had been suggested by councllmembers. A list of nlne alternatives were prepared by the Publlc Works Oirector whJSh addressed one or two way trafflc and parking. A discussion followed which noted that either Washington Street or Seventh Street were the only options on which to place thls state aid designation. To continue receiving state aid funding the City's state aid streets must be contiguous. The City Manager noted that any width increases on Washlngton Street would use land that is already set aside for rlght-of-way purposes. Notion by Petkoff, second by Peterson to remove Seventh Street between 51st and 53rd Avenues as well as 51st Avenue between Washington and Seventh Streets and to designate Washington Street from 51st to 53rd Avenues as part of the Regular Council Meeting February 27, 1989 page 6 MSAS and to reconstruct the street on the basis of parking on the west side of the street only. Roll call: All ayes Adoption of Resolution No. 89-07 Motion by Petkoff, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 89-O7 REVOKING MUNICIPAL STATE AID STREET (7TH STREET) - ESTABLISHING MUNICIPAL STATE AID STREET (WASHINGTON STREET) AND RESTRICTING PARKING ON SAID WASHINGTON STREET THIS RESOLUTION, passed this 27th day of February, 1989, by the City Council of the City of Columbia Heights in Anoka County, Minnesota. The Municipal corporation shall hereinafter be called the "City". WITNESSETH: WHEREAS, it appears to the City Council of the City of Columbia Heights that 51st Avenue N.E., Washington Street to 7th Street, and 7th Street N.E., 51st Avenue to 53rd Avenue should be revoked as Municipal State Aid Streets under the provisions of Minnesota laws, WHEREAS, it appears to the "City" that Washington Street N.E. from 51st Avenue to 53rd Avenue should be designated a Municipal State Aid Street under the provisions of Minnesota laws, WHEREAS, when the "City" expends Municipal State Aid Funds on the improvement of said Washington Street, the improvement will not provide adequate width for parking on both sides of the street, and WHEREAS, approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restric- tions, and WHEREAS, the extent of these restrictions would be a necessary prerequisite to the approval of this construction as a Municipal State Aid project in the "City", has been determined. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the streets described as follows, to wit: 51st Avenue N.E., Washington Street to 7th Street (portion of M.S.A.S. i!3-111) 7th Street N.E., 51st Avenue N.E. to 53rd Avenue N.E. (portion of M.S.A.S. 113-107) be, and hereby are revoked as Municipal State Aid Streets of said City, subject to the approval of the Commissioner of Highways of the State of Minnesota. BE IT FURTHER RESOLVED, by the City Council of the City of Columbia Heights that the street described as follows, to wit: Washington Street N.E. from 51st Aven~e to $3rd Avenue, an extension of M.S.A.S. 113-107. Regular Council Meeting February 27, 1989 page 7 be, and hereby is, designated a Municipal State Aid Street of said City, subject to the approval of the Commissioner of Highways of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Highways for his consideration. That upon his approval of the designation of said Washington Street, or portion thereof, the same be constructed, improved and maintained as a Municipal State Aid Street of the City of Columbia Heights to be numbered and known as Municipal State Aid Street No. 113-107. AND THEREFORE, BE IT RESOLVED: That if said street is designated as a Minnesota State Aid Street, that the "City" shall ban the parking of motor vehicles on the east side of Washington Street N.E. from 51st Avenue to 53rd Avenue at all times. Passed this 27th day of February, 1989. Offered by: Petkoff Seconded by: Peterson Roll call: All ayes Jo-Anne Student, Council Secretary Russell Paulson, Council President CERTIFICATION ! hereby certify that the above is a true and correct copy of a resolution duly passed, adopted and approved by the City Council of said City on the 27th day of February, 1989, as shown in the minutes of said meeting in my presence. Jo-Anne Student, Deputy City Clerk RECESS: 9:40 p.m. RECONVENE: lO:O0 p.m. c. Resolution No. 89-08; Being a Resolution Appointing the Commissioner of Transportation as Agent of the City as Setforth in Agency Agreement This agreement with MNDOT authorizes that agency to appoint the Commissioner of Transportation to act as the City's agent to handle the bidding and ad- ministrative matters for Municipal Project No. 8600 which is the recon- struction and signalization of the intersection of 44th and Central Avenues. Motion by Petkoff, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 89-08 BEING A RESOLUTION APPOINTING THE COMMISSIONER OF TRANSPORTATION AS AGENT OF THE CITY AS SETFORTH IN AGENCY AGREEMENT BE IT RESOLVED by the City of Columbia Heights: That pursuant to Section 161.36, Subdivision 1 through 6, Minnesota Statutes, Regular Council Meeting February :27, 1989 page 8 the Commissioner of Transportation be appointed as agent of the City of Columbia Heights to let as its agent, contracts for the construction of local roads and bridges, and the Mayor, City Manager and the City Clerk are hereby authorized and directed for and on behalf of the City to execute and enter into a contract with the Commissioner of Transportation pres- cribing the terms and conditions of such contracts in the form as setforth and contained in "Minnesota Department of Transportation Agency Agreement" a copy of which said agreement was before the City Council, assuming on behalf of £he City all of the obligations therein contained. Passed this 27th day of February, 1989. Offered by: Petkoff Seconded by: Peterson Roll call: All ayes Jo-Anne Student, Council Secretary Russell Paulson, Council President CERTIFICATION ! hereby certify that the aforegoing resolution is a true and correct copy of the resolution presented and adopted by the City Council of the £ity of Columbia Heights, at a duly authorized meeting thereof held on the 27th day of February, 1989, as shown in the minutes of said meeting in my presence. do-Anne Student, Deputy City Clerk 7. Old Business a. Offer to Purchase City Held Property at 1309 44½ Avenue The City Manager advised that the City is giving no warranty of the build- ability of this parcel was stated in the public notice of sale which ap- peared in local newspaper. Motion by Peterson, second by Petkoff to authorize the Mayor and City Manager to execute a purchase agreement for property at 1309 44½ Avenue with KAL Construction; and furthermore, that the City Attorney be directed to obtain title for such and to prepare an ordinance authorizing the sale of the above parcel. Roll call: Ali ayes b. Purchase of Fertilizer and Weed Control Motion by Petkoff, second by Peterson to purchase 3.75 tons of Trimec Weed and Feed 20-10-10 and 1.25 tons of Balan Crab Grass Preventer 26-5-10, amounting to a total of $2,465, and recognizing the purchase as propri- etary in nature from Howe Company of Minneapolis; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes 9- New Business a. Authorization to Repair Caterpillar 120 Motion by Petkoff, second by Peterson to authorize the repair of Municipal Vehicle No. 12 with Ziegler, Inc. for an estimated cost' of $15,700 and to authorize the rental of a similar unit at the rate of.$31 per actual hour used and to submit all costs to American Family Insurance Company for reimbursement to the City; and furthermore, to authorize the Mayor and Regular Council Meeting February 27, 1989 page 9 City Manager to enter into an agreement with Zeigler, Inc. for the same. Roll call: All ayes b. Establish Date for Council Work Session Notion by Petkoff, second by Peterson to establish a Council Work Session on Thursday, March ~, 1989 at 8:00 p.m.. Roll call: Ail ayes' c. Donation of Mobile Radio The Fire Chief wrote a memo to the City Manager advising that some fire departments are unable to communicate with the hazardous materlal truck for ]ack of a programable ratio. In his memo he noted that our City's Fire Department has a radio which could be used for this purpose and is no longer being used by the Department. flotion by Peterson, second by Petkoff to authorize the donation of a Wilson mobile radio, serial number 303A11070 to be used in the hazardous material truck as recommended in Chief Kewatt's memo dated February 23, l~8~. Roll call: All ayes Reports a. Report of the City Manager The City Manager's report was submitted in written form and the following items were discussed: Legislation to Exempt Volunteer Firefighters from PERA: The Council has received a copy of a bill being authored by Representative Simoneau which would exempt volunteer flrefighters in the State from PERA. This matter will be followed as the Legis]ature considers it. MPCA Letter Regarding Investigation of Alleged Hazardous Waste in Huset Park: The City Manager stated he wli] advise the MPCA that the areas of concern in Huset Park are located in the southeast portion of the park. ~ork on University Avenue in 1989: Council President Paulson expressed concern that this work may be rendered of no value if Light Rall Transit is installed on University Avenue. The Public Works. Director advised that this is general maintenance and would not be in the same lanes as would be the proposed transit lanes. b. City Attorney The City Attorney had nothing to report at this time. Adjournment Motion by Petkoff, second by Paulson to adjourn at 10:20 p.m.. Roll call: All ayes ~-An~e- 'St~.udent; C°~in"c'i4--Secreta ry Russell Paulson, Council President