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HomeMy WebLinkAboutAugust 13, 1990 OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS BOARD OF TRU5TEE5 VOLUNTEER RELIEF ASSOCIATION ~-' AUGUST 13, 1990 The Board of Trustees fleeting was called to order by Mayor Carlson at 11:50 p.m.. 1. ROLL CALL Nawrocki, Clerkin, Ruettimann, Paterson, Carlson - present 2. RETIREMENT OF LAWRENCE T. HOSCH flotion by Paterson, second by Ruettimann to accept the resignation, due to retirement. of Lawrence T. Hosch from the Columbia Helghts Fire Oepartment effective August 31, 1990; and furthermore, to schedule pension payment(s) through the Volunteer Division Relief Association begln, lng one month from February 9, 1991. Roll call: All ayes 3. ADJOURNMENT flotion by Peterson, second by Clerkin to adjourn the meeting at !1:5q p.m.. Roll call: All ayes .~x6-An~e Student, Council Secretary Mayor Edward M. Carlson OFFICIAL PROCEEDINGS COLUHBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING AUGUST i3, 1990 The meeting was called to order by Mayor Carlson at 7=04 p.m.. 1. ROLL CALL Nawrocki, Clerkln, Ruettlmann, Paterson, Carlson - present 2. PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA The following items ~ere on the Consent Agenda: Approval of Minutes of Previous Meetings The Council approved the minutes of the Regular City Council Meeting of July 23, 1990 and the Board of Trustees - Volunteer Relief Association Meeting of July 24, 1990 as presented and there were no corrections. Resolution No. 90-40; Lotspllt at 1025 44th Avenue The reading of the resolution was waived as there were ample copies available for the public. RESOLUTION NO. 90-40 o I, Dyrald E. Lennox, hereby request a split of PIN 36 30 24 22 0064 legally described as: Lot 36, Block 1, Reservoir Hills, Anoka County, Minnesota. SubJect to road and utulity easement over South )0 feet and over North 30 feet. THE DESCRIPTION HENCEFORTH TO BE: 1. The North 155 feet of Lot 36, Block l, Reservoir Hills, Anoka County, Minnesota. SubJect to road and utillty easement over the North 30 feet thereof. Also reserving and subject to an easement to the Clty of Columbia Heights for drainage and utility purposes over the South 10 feet of said North 155 feet of Lot 36, Block I. That part of Lot 36, Block 1, Reservoir Hills, Anoka County, Minnesota, lying southerly of the North 155.0 feet thereof. Subject to road and utility easement over the South !0 feet of said Lot 36, Block I. Be it further resolved that special assessments of record in the office of the City of Columbla Heights as of this day, against the above described property, in the amount of $2,056.19 be paid. Any pending or future assessments will be levied according to the new split as approved this day. Any lotspllt glven approval shall become Invalid if the resolution, motion or other Council action approving the said lotsplit is not filed with the County Auditor within one (I) year of the date of the Council action. PLANNING & ZONING DEPT. ACTION: Regular Counc11 Meeting August 13, 1990 page 2 Recommend approval of lotsplit for IO25 N.C. ~qth Avenue as proposed subject to payment of any out- stand lng special assessments and preparation of a current certificate of survey. This 7th day of August, 1990. Offered by: Marko Seconded by: .Paterson Roll call: Ali ayes Evelyn Nygaard (slg) Zoning Officer Dyrald E. Lennox (SiC. I) Signature of Owner, notarized 1025 qqth Avenue N.E. Owner's Address Telephone NO. 788-2333 SUBSCRIBED AND SVORN TO BEFORE ME this 8th day of August, 1990. Bonnie Jewett (si~) Notary Public CITY COUNCIL ACTION: APPROVED This 13th day of August, 1990. Offered by: Seconded by: Roll call: flawrockl Paterson Al J ayes Mayor Edward M. Carlson Jo-Anne Student, Council Secretary Fee $10.00 9ate Pald 7-3-90 Receipt No. 0014 Request to Mold Fifth Annual Kielbasa Days at 500 Club The Council approved the request submitted by Frank Pastuszak, owner of the 500 Club, to conduct the Fifth Annual Kielbasa 0ays at 500 40th Avenue, outdoors in the rear parking lot on September 7 - 9, 1990, between the hours of 3:00 p.m. - 7:00 p.m.. Progressive Patrol Rdmlnlstratlon Conference The Council approve the attendance of Sergeant Richard Schmldt at the Progressive Patrol Administration class in Minneapolis from August 20 - 2q, 1990; and that re- 3ated expenses be paid from the Police Department training budget. &uthorlzatlon to Olspose of City Property The Council authorized the City Manager to dispose of Municipal Vehicles #158, ~17, 8 and 3791 at the September 29, 1990 flennepin County Vehicle Auction and the £ttyHanager was also authorized to execute the appropriate documents. Avrard of Fencin9 Contract for LaBelle Park -Clrcle Terrace Playground 'The Council awarded the fencing ~ork for MuniciPal Project #9005 to Crown Fence and Wire Company of Minneapolis based upon their Iow formal quotation submitted in the amount of $2,aq2.29 and authorized the Mayor and City Manager to enter into an agre~nt for the same. Change Order for Mu~lclpal Project #8811 - Sealcoating Regular Council Meeting August 13, 1~90 page 3 The Councll authorized Change Order #9001-1 to Allied Blacktop in an amount of $12,01a.20 and also authorized the Mayor and City Hanager to enter into an agreement for the same. Ratify Actlon of City Hana~er - Sample and Analyze Contaminated Soils The Council ratified the City Manager's action to proceed with testing required by the Minnesota Pollutlon Control Agency by retainlng Twin City Testing at an expenditure of $5,250 and authorized the Mayor and City Manager to enter Into an agreement for the same. Starting Wage - Secretary II-A (Police Department) The Council ratified the action of the City Manager authorizing the promotion of Beth Simons to the positlon of Secretary II-A (Police Department) at the three year rate of $10.97 per hour of the 1990 wage range. Approval of License Applications The Council approved the 1990'license applications as listed upon payment of proper fees and waived the fees as indicated. Payment of B111s The Council authorized the payment of bills as listed out of proper funds. ~. APPROVAL OF CONSENT AGENDA Motion by Nawrockit second by Paterson to approve the Consent Agenda as presented. Roll call: Ail ayes OPEN MIKE/PROCLAMATIONS/PRESENTATIONS a. Sister Cities Committee Six members of the Sister Cities Committee of Columbla Heights were In attendance at the Council meeting. Dolores Strand, a member of the Committee, presented a plaque to Mayor Carlson which recognized Columbia Helghts as a member of Sister cities International. ~embers of the Committee gave a status report on the estab- lishing a Sister City relationship with another city. 0riglnally, the Committee had explored the poss|bility of belng a slster city to Exeter, England. This plan did not materialize. As a result of a survey conducted in Columbla Heights, the Committee observed there was considerable In establlshlng a slster city with some clty in Poland. This is presently being pursued. b. Annual Department Update by Anoka County Sheriff Anoka County Sheriff Wilkinson apprised the Council what had transpired In the last year in his department as well as some of the cooperative efforts between Columbia Heights and the Sheriff's Oepartment. c. Open Hlke The resident at 1295 Polk Place advised the Council that his area has long been experiencing problems with speeding. He gave the details of a recent accident caused by speeding and requested the Council to consider finding a solution to the speeding problem. The Police Chlef suggested that a short term solution would be to Increase patrolling in ~he area. Councilmember Nawrocki, who lives in the area, agreed that speeding has been an on-going problem and suggested this matter be referred to the Traffic Com- mission for its consideration. Regular Council Heetlng August 13, 1990 page 4 flotion by Nawrockl, second by Peterson to refer this matter to the Traffic Com- mission for its review end recon~endatlon. Roll call: AIl ayes The resident at 577 38th Avenue presented a petition to the Council requesting the Council to consider · project for rebuilding end repairing 38th Avenue from Jef- ferson Street to Fifth Street. l~otlon by Nawrockl, second by Peterson to accept and place on file the petition and that this matter be referred to the City Hanager. Roll call: AIl eyes The resident at q629 Polk Street stated she had received · tag for vlolating the ordinance restr'icting the number of dogs a homeowner may keep in a house. She is requesting an exception be made to the limit of two dogs. This resident breeds show dogs and has done so at this home since 1961 with no complaints from the neighbors. She noted that the dogs are regularly exerclsed but do not remain out doors and do not bark. This matter was referred to the Police Chief. The resident et 4233 Quincy Street expressed a concern for the chlldren who are playing in the soil on the surface of h3rd Avenue. Tills soil is suspected of being contaminated. Eouncllmember Ruettimann observed that thls soil cannot be moved until it has been tested end inquired where the parents of these children were regarding their children's chosen play sites. The Publlc Works Director advised that this soll is not hazardous to human health; e fact stated by the ~PCA. Councilmember Clerkin suggested that temporary fencing could be placed around the soil to discourage youngsters from playlng in the area. PUBLIC HEARINGSt ORDINANCES AND RESOLUTIONS e. Second Reading of Ordlnance fiD. 1203; Pertalning to the Sale of Real Estate Hotion by Paterson, second by Clerkin to waive the reading of the ordinance there being ample copies available for the public. Roll call: AIl ayes Councllmember Nawrockl observed that the ordinance does not state a purchase price. The City Attorney advised the purchase price is $100.00. ORDINANCE NO. 1203 BEIN~ AN ORDINANCE AHENDIN~ ORDINANCE NO. 853, CITY CODE OF 1977, PERTAIIJING TO THE SALE OF REAL ESTATE NEAR 4kqi 'aqq3 WASHINGTON STREET The City of Columbla Heights does ordaln: Section I: The City shall sell the property at or near kqql-~qq3 Washington Street legally described as : South 14' front and rear (except So. 7~) of Lot Twenty-slx (26), Block Fifteen ()$), Columbia Heights Annex to Hinneapolls, Anoka County, tin., 2o Gertrude Tabaka. $ectlon 2: The I~ayor and City Manager ere hereby authorized to execute the docu- ments necessary to complete the said conveyance. Regular Council Meeting August 13, 1990 page $ Section This ordinance shall be In full force and effect from and after thirty (30) days after the date of passage. First readlng: Second reading: Date of Passage: July 23, 1990 August 13, 1990 August 13, 1990 Offered by: Peterson Seconded by: Clerkin Roll call: All ayes Mayor Edward M. Carlson Jo-Anne Student, Council Secretary b. Second Reading of Ordinance No. 1204; Allowance of Single Family Resldentail Uses In LB Limited Business Districts on a Conditional Use Basis The Planning and Zoning Commission had reviewed this ordinance and recommended its passage. floriDa by Paterson, second by NawrockI to waive the reading of the ordinance there being ample copies availabl& for the public. Roll call: AIl ayes ORDINANCE NO. 1204 BEINg AN ORDINANCE AMENDING ORDINANCE NO. 853 PERTAINING TO ALLOWINg SINGLE FAMILY RESIDENTIAL USES IN "LB" LIMITEO BUSINESS ZONING DISTRICTS The City of Columbia Heights does ordain: Section I: Section 9.111(2) of Ordinance No. 853, Clty Code of 1977, passed June 21, 1977, which reads as follows, to wit: cJ. 111 (2) Condi t ional Uses Within any "LB'~ Limited Business District no structure or land shall be used for the following uses except by condltlonal use permit. (a) Accessory structures other than private garages. (bi Art studlo, Interior decoration studio, photographic studio, music studio, and dance studio, provlded no retail sales are made nor any conducted on the site. (c) Private clubs and lodges not operated for a profit. (d) Hospitals for human care, nursing homes, rest homes or retirement homes, provided the slte shall contain not less than slx hundred (600) square feet of lot area for each person to be accommodated and that no building be located less than fifty (50) feet from the slde lot llne. (e) Hlstorlcal buildings, museums, art Institutes, galleries and theater for the live arts. · (fi Nursery and landscape sales. (g) Radio and television studios. (hi Radio and televlslon towers. (I) Retail sales and services may be provided by vending · $.sa~:~ UQ~S~A~L~ pul o~peV (It) · so~pno, s uo~s~JLa~ pue o~P;lt ($) · s~,-.l tA~ t t~ .~0; dl~,~G pul sGI..~8I. LeS °s~,n~,p, su~ ~,.Al 'smnssnm °sSul. PL~nq Le:)~-,o~s~H (8) p~OL ~ Du~PL~nq ou %~, pul p~pouuoaa~ ina c~ uos~Ga SS~L ;ou u~nuoo LLeqS .'~s ~ popFAO.Jd 's~oq .m SmuOq '.S~ 'somoq ~u~s.mu '8,tB~ umnq ~o; SLS~;dsoH (p) · ~,l.a.o~d I .~oa. paced, Bdo ,,ou ssSpOL pub sqnL~ i'~BA~.Id (:))" '~s ~ uo p~anpuo~ 6u~n~a~inum ~u~ .~ou opm ~d~ S~L~S (q) · ~Im~od osn L~UOl~lpuo:) ~q ~dsoxG s8sn SutAOLLO~ oq~ .~o~ posh aq LLeqS pueL ,m ~3n~on.qs ou ~ol~s~a ssou~sng pa~m~l .61. ~t uI. LP, tl~ sasll LeUO~, ~.puo3 (Z}TTT'6 :~,1~ ol. °SAOLLOa se pe~ o~ p;puome ,CCl;d;q s~ · s,~a~uio ~eo ~a (u) · ouoz 91 l~ u~ p~,e~OL X'LqLJ~sop pul XLa%el..~do~dde si aKI o% pmulop °i6luo.~,ed poo~i.~oqqSl.~U sGssGu~snq J~A~8S LLmas pul (m) · s~.m~,LsoqeL 3u~lidOLaAaP pu! t4:).igGsal~ { L) · pooq.~oqqS~ou ~ Jo OL~S LeJn~,:~lq:Je pul s~,uma~a~nbid 6U~PL~nq t ut ~ LLI¼S (~I) '6u~#:)'al~-s 3ou ~,nq 'uo~t,P,~odsuL,~ otLqnd ao uop, L~odO (~) · . '6u.~pt~nq ~ Jo s3ul(sno~o iq3 Jo I~i~UiAUO0 ~ JO;_p~A~a ~l Si3~ pul S~L~ qons ~e~ ~u~u~ ~ eu~ ;~ '~o~-ao-~no a~ ss~3ol LLI TI~ p~u~m pul p~=~Tsuoo os 6u~pL~nq I u~ sA I~l LJ~ q:ns u~ L~UOSJ~ ~q Jo Sl:~A~ 066i 'It ~sn6nv 6ulleeW L!=uno3 ~eLn6e~ Regular Council Meeting August 130 1990 page ? (t) (J) (k) (1) (m) Retat1 silos and se~vtces ma~ be provtded by vendtng_ devices or by personnel vhen such retail Irel ts vdthln & butldtng so constructed Ind maintained thlt sll access tf from I lobby, hill or court and not directly from the out.of-doors, tt being the tntent that such sales and services ire provtded for the convenience of the occupants of the building. Operitton of publlc trlnsportotton, but not svdtchtng, storage or other rltlrold activities. UttltW servtce structures, vhtch shill be tn ·butldtng v~tch conforlns to the yard requtremnts ·nd ·rchttecturll style of the neighborhood. Research Ind developmnt llboretortes. Rets11 stores, shops, offtces ·nd sm11 se~vtce businesses catering to neighborhood patronage, deemedto be is appropriately Ind desirlbiy located tfl the LB zone. in) (o) Day care centers. Stngle flatly residence of the ovmer of the bustness that constitutes the principal use of the plrcel Is in accessory use subject to annul1 renevll ind reapp11cltton tf tt has changed tn scale or chirlcter. Section 2: Section 9.111(3) of Ordinance No. 853, Ctt~ Code of 1977, pissed Gune Zl, 1977, vhtch reads is follows, to wit: 9.111(3) Permitted Accessor~ Uses Vtthtn any 'LB' Ltmtted Bustness Dtstrtct the follovlng uses shill be permitted accessory uses: ii) Prtvate garages, off-street pirktng and loidtng spaces as regulated tn thts Ordinance. (b) Decorative landscape ~ltures such as fountains, pattos, e~. (c) A~y Incidental repatr or processing necessary to conduct · pemltted principal use or condtttonll use. id) Stgns es regullted by this Ordinance. (e) Svdnntng pools. if) Buildings temporarily loclted for purposes of construction on the premises for s pertod not to exceed ttme normlly necessirx for complettofl of sotd coflstructtofl. hereby amended to reid as followso to vdt: Regular Count ~ ~ August l]~ 1990 page 8 Permitted Accessory Uses Within any nLB'~ Limited Business District the following uses shall be permitted accessory uses: (al Private garages, off-street parking and loadlng spaces as regulated in this ordinance. (bi Decorative landscape features such as fountains, patlos, etc.. (c) Any incidental repair or processing necessary to conduct a permitted principal Use or conditional use. (d) Slgns as regulated by this ordinance. (el Swimming pools. (fl Bulldlngs temporarily located for purposes of construction on the premises for a period not to exceed time normally necessary for completion of said constructlon. (gl Single family residence of the owner of the business that constitutes the principal use of the parcel pursuant to 9.111(2)(0). Section 3: This ordinance shall be In full force and effect from and after thirty (30) days after its passage. F;rst reading: Second reading: Da£e of Passage: Offered by: Seconded by: Roll cai]: July 23, 1990 August 13, 1990 August 13, 1990 Peterson Ruettimann Ail ayes Mayor Edward M. Carlson Jo-Anne Student, Council Secretary c. Second Reading of Ordinance fiD. 1205; Being an Ordinance Pertaining to Rezonlng Certain Property This property is located approximately north of 37th, south of the north property lines on 38th, ~eest of I~adison Place and east of industrial property. flotlon by Peterson, second by Ruettimann to waive the reading of the ordinance there being ample copies available for the public. Roll cai1:AI1 ayes ORDINANEE NO. 1205 B£1NG AN ORDINANCE AflENDIN; ORDINANCE NO. 853 PERTAININ; TO THE REZONING OF CERTAIN PROPERTY The I:lty'of Columbla fleights does ordain: Section 1: That certaln property located lnslde a line bounded by 37th Avenue on the South, Iqadlson Place on the East, the south line of the Industrially zoned (I District) north of 38th Avenue on the North, and the west 1ina of the resldentially zoned property east of Sth Street on the West, which is currently zoned R-3, flultiple Family, shal) hereafter be zoned R-2, One and Two Family ~esJden£1a]. Sectlon 2: The officlai zoning map of the City is hereby amended to reflect the Regular Council Neetlng August 13, 1~90 page 9 change described in Sectlon 1 of this ordinance No. 1205. Section 3: 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: July 23, 1990 August 13, 1990 August 13, 1990 Offered by: Seconded by: Roll call: Paterson Ruettlmann A! i ayes ~o-Anne Student, Council Secretary He,or Edward' H. Carlson" 7- COMMUNICATIONS a. Traffic Commission The minutes of the August 6th Traffic Commission meeting were on the agenda for Informational purposes only. No Council action ~as needed. b. Planning and Zoning Com~ission I. Appeal of Curtis Bostrom Regarding k65h Tyler Street Mr. Bostrom is appealing the requirement for him to provide lighting in his apartment building~s parking lot and the placement of a security lock on the front door. He contended that the lock would not serve the purpose for whlch It is Intended and be & inconvenience for hls tenants. Councilmember Ruettimann felt that Mr. Bostromts tenants deserved the security this lock would provide. Councilmember Nawrockl observed that this buliding was not built for children to occupy and that they were forced to play In the street. The area which should be used for a playing site was used for parking space. He felt there should be a double vestibule on the building and that it had a very untidy ap- pearance. Motion by flawrockl, second by Paterson to deny the appeal of Mr. Curtis Bostrom, owner of 4654 Tyler Street, regarding Sections 5A.202(l)(a) and 5A.203(l)(g); and, furthermore, that the property be brought into compliance with the Housing and I~alntenance Code and Licensing Ordinance within thirty calendar days of this de- cision. Roll call: Ali ayes I~arv Thor, ~ho oyes rental property on Peters Place, also is appealing the ordinance. Discussion followed regarding what he is being asked to do to comply wlth the ordi- nance. He had misunderstood and the Council explained he is only being requested to put In a security lock. ~lorma Russ, ~ho ovms rental property on Tyler Street, does not feel that Installing security lock on the front door of her building w111 be advisable. Councilmember Nawrocki recommended she also consider a vestibule-type area. 2. Appeal of Oale and Bernadette Knott - 1045 Peters Place Mr. Knott Is also being requested to install a self-locking door. He had understood he ~as being requested to install an entire security system. Regular Counc11 Heetlng AugusC 13. 1990 page ] 0 Hotlon by Peterson, second by Ruettimann to deny the appeal of Hr. and Hrs. Dale Knott, owners of property at 1045 Peters Place; and, furthermore, that the bullding be brought into compliance with the Housing Haintenance Code and Rental Licensing Ordinance within thirty calendar days of this decision. Roll call: All ayes ~. Permlsslon to Consume ].2 Beer at Sullivan Lake Park This request ~as wlthdra~n. d. Request for Temporary Stgnage, 3001 Central Avenue Hotion by Clerkin, second by Ruettimann to approve the use of a portable sign at 5001 Central Avenue from August 20-25, 1990 subject to a $100 deposit to assure removal of the temporary signage by August 31, 1990. Roll call: Nawrocki, Clerkin, Rue££imann, Peterson - aye Carlson - nay 8. OL1) BUSINESS a. Rubbish, Recycling and Yard Waste Hauling and Disposal Contract ftotlon by Peterson, second by Ruettimann to authorize the Mayor and City Manager to execut· an extension to the City's Garbage, Rubbish, Recycling and Yard Waste Service Contract with Waste Management o Blaine for a term commencing 0ecember 3, 1990 and terminating on Oecember 31, 1991; subject to the followlng: 1. Effective December 3, T990, dlsposal costs w111 be adjusted to reflect the County's disposal cost Increase Instituted on July I, 1990, and 2. That the resldentlel rates for single family and multiple famlly dwelling units will be adjusted to reflect future Increases in disposal costs, however, such adjustments wlll be limited to two during the remainder of the contract extension period if Jns£ltuted by the County. £ouncll~ember Na~rockl ~ad previously requested calculations be done on the yardage to tonnage basis. The Recycling Coordinator did not recall recelvlng this request but dld note she receives ~elght tickets from ali of the garbage trucks and she will do these calcula~ions. Counc11~ember Nawrockl ~as not sure that the City was receiving the best posslble deal with thls contract, noting that there will be three Increases in this one year contract. He felt the City had faired better historically by golnq out for bids. R representative of Waste Management o Blaine advised that the prices ere not increaslng in this contract but there will only be Increases because of those fees £harged by the County. Roll call: RuettJamnn, Peterson~ Carlson - aye Nawrockl, Clerkin - nay NEW BL~ I NESS e. Rejection of BeckhoeTractor Bids Councllme~ber Nawrockl Inquired when the call for bids was authorized for thls equipment. The Public Works Oirector responded that two years ago the Council indica£ed ]fa purchase ~ere In the budget the City Manager could go out for bids. Councl]member Nawrockl requested Information on the meeting date the previous Council took this action, flayor Carlson suggested this matter be on a Councll t~ork sesslon&genda. Regular Councll meeting August 13, 1990 page ]] Staff is recommending the bids received be rejected and the specifications be rewritten. Dennl$ Nestor, representatlve of Long Lake Ford, the Iow bidder on the equipment, requested the Council to reconslder and not go out for new blds. Councllmember t~wrocki observed that there was very little time for potential bidders to write · proposal. Hotlon by Nawrockl, second by Clerkin to reject bids for the backhoe tractor based on the fact that the bids were not general enough to allow open bidding as is the intent of the City of Columbia Heights; and, as a result, cannot be 4ssured the bid Is in the best Interest of the City. Roll call: la~reckl, Clerkln, Peterson, Carlson - aye Ruettimann o abstain b. Vargo Court Park Change Order #q and Acceptance Councilmember Nawrockl Inquired if the specifications have been met for the fountain and the park and If the fountain has been tested for its operation. The HRA 01rector ?esponded that the fountain is operating fine and is under warranty until November, 1990. He went on to explain some of the problems which have been experienced with ~he operation of the fountain and what damage had been done in the park. flotlon by Clerkln to deny a~q~roval of Change Order #q and to deny acceptance of ownership of ~argo Court Park. This motion was withdrawn. Councllmember Nawrockl observed that the approval of the Change Order Is not really in the purvue of the City Council since the City has not officially taken over the project from the flRA. It was noted that the HRA officially received the project from the contractor. elotlo~ by Nawrockl, second by Peterson that the City Council authorize the acceptance of the ownership of Vargo Court Park subject to the HRA's provlding ~he replacement fixtures and parts needed for the fountain and concur In Change Order #4. Roll call: Nawrockl, Ruettlmann, Paterson - aye Clerkln, Carlson - nay flo~1on by Nawrockl, second by Ruettlmann to direct staff to prepare a plan for renovation of Vargo Court Park and bring this plan back to the City Councll as soon is possible. Roi! call: All ayes Thls plan should Include ell of the items prevlously discussed; some of which ~ere new shrubbery and removal of the rocks. c. A~ard of Bid for Purchase of Dump Truck and Snowpl~Ing Attachments £ouncllmember Nawrockl felt the Council was being requested to consider bids which it has ~ot requested in the first place. flotlon by Na~rockl, second by Carlson to reject the bids. £ou~cllmemher Ruettimenn Inqulred if the staff was directed in January how the Council wanted budgeted purchases handled. I~ayor Carlson stated this dlrection was not given. £ouncllmember Nawrockl stated that hlstorica11y the practice had been for the · udge~ ~o be adopted, Items in the budget ~ould come back to the City Council Regular Council fleeting August 13, 1990 page 12 for speclfic authorization and then go out for bid. He noted that budget deliberations did not allow for any lengthy review of purchase requests and that the requests were brought back to the Council as a means of budgetary control. Councllmember Nawrocki felt this process ~as changed administratively and not by the Council. £ouncllmember Ruettlmann felt a stronger direction should have been given to staff earlier In the year. £ouncilmember Paterson observed that in the last two years, ~nore confidence was placed in the staff dolng their jobs and more falth was put in staff's judgement. Roll call: #awrocki, Carlson - aye Motion falls. Clerkln, Ruettimann, Peterson- nay flotlon by Ruettimann, second by Nawrockl to table thls matter until a Council work session. Roll call: All ayes Councll work sessions were established for August 16th at 7:00 p.m. and August 2Dth at 7:00 p.m.. d. Change Order for flunlclpal ~ro]ect #8811 - Jackson Pond Retaining Wall f~otion by Paterson, second by Clerkin to authorize Change Order #8811-1 in an amount of $1,040.39 to J.D. Kroger Landscape; and furthermore, to transfer $1,0q0.39 from the unreserved, retained earnings of the Sewe~ Fund to the account of flunicipal P{oject #8811; and furthermore, to authorize the Hayor and City t4anager to enter into an agreement for the same. Roll call: Clerkln, Ruettimenn, Paterson, Carlson - aye Nawrocki - nay e. Award of Bid for ~unicipa] Projects #9024 (38th Place) and #9017 (Silver Lake Boat Landing) flotion by Paterson, second by Ruettlmann to award the work for Municipal Projects #9024 and #9017 to flidwest Asphalt Corporation of Hopkins, Minnesota, for an amount of $109,255.70 based upon Iow formal bids received; and furthermore, to authorize the Mayor and City flanager to enter into a contract for the same. Roll call: C]erkin, Ruettimann, Paterson, Carlson - aye Nawrocki - nay f. Award of Work for Design of ftunicipal Project #9013 - Retaining Wall at Pump Station #3 Councilmember Nawrockl lnqulred why City staff did not do the design work. The Publlc Works Director responded that staff had been directed to go out for bids for the engineering work by the Council. flotlon by Clerkln, second by Peterson to award the design contract for Municipal Project #9013 to Haler Stewart & Associates, Inc. of St. Paul based upon thelr Iow formal proposal submltted in an amount not to exceed $q,500; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: Ali ayes g. Award of Bid for Municipal Project #9015 - Prestemon Park Lighting Motion by Paterson, second by Ruettimann to award the work for Municipal Project #9015 to Rldgedale Electric, Inc. of Long Lake based upon their iow formal bid for the work in an amount of $25,950; and furthermore, to authorize the Mayor and Ci£y Manager to enter into an agreement for the same. t~otlon by#awrocki to table this matter until the August 20th work session. There' ~as no second £o this mo~ion. ~egular Count11 Macring August 13, 1990 page ]3 .. call: Ali ayes ho Iflstallation of Sidewalk at Ostrander Park floriD· by Peterson, second by Ruettlmann to direct staff to take necessary actions to lnstalla sldewalk from the Ostrander Park bullding to the Inter- section of 4Oth and Polk Street, and to remove the existing service walk to ~Oth Avenue; and that $700 be transferred from the Undeslgnated Se·era1 Fund Balance to line item 101-45200-5130 to cover expenditures; and furthermore, that staff be authorized to call for bids for two handicapped ramps at Pres- ~emon Park which will be paid out of M.S.A.S. funds. Roll call: AIl ayes Change Orders for 1990 Street Repairs 1. ~3rd Avenue, Central Avenue to Pierce Street ftotion by Ruettimann, second by Clerkln to approve Change Order #9020-1 to ~l:umlnous Consulting and Contracting Company, Inc. in an amount of $1,295; and furthermore, to authorize the Hayor and City Manager to enter Into an agreement for the same. Roll call: Ali ayes 2. Leander Lane, Royce Street to 4qth Avenue Hotlon by Ruettimann, second by Clerkin to approve Change Order #9021-1 to Bitumlnous Consulting and Contracting, Inc. in an amount of $$,681; and furthermore to authorize th~ Mayor and City Manager to enter into an agreement for the same. Roll call: Ail ayes ]. ~oyce Street flotlon by Ruettlmann, second by Clerkln to approve Change Order #9022-1 to Bituminous Constulting and Contracting, Inc. In an amount of $6,258.25; and .. furthermore, to authorize the Mayor and City Manager to enter Into an agre- ement for the same. Roll call: All ayes ]. Attendance of Publlc Works Director at the 1990 Internatlonal Public Works Congress and Equipment Show flotion by Nawrockl, second by Ruettimann to authorize the attendance of the Public Works Director at the 1990 International Public Works Congress and Equipment Show to be held In St. Louis, Hissouri, from September 8 - 13, 1990; and furthermore, to authorlze related expenses. Roll call: AII ayes k. Change Order on Stfgar-Roscoe-Fausch, Inc. Contract for Engineering Services on the aqth Avenue Project The Public ~orks Director felt these additlonal funds are Justified. t~otton by Paterson, second by Ruettlmann to authorize a change order in the Strgar-Roscoe-Fausch, Inc. engineering contract of $12,000 bringing the total not-to-exceed up to an amount of $48,910; and furthermore, to authorize the flayor and £1ty Hen·gar to enter Into an agreement for the same. Roll call: All ayes 1. Test ~esults Regarding So11 Samples on ·3rd Avenue, Central to Quincy Street The Public b/arks Director feels the MPCA wlii requlre the City to treat this soil. Counc11~ember Nawrockl requestad the City's State Senator and Represent·tlr· be contacted regarding thls matter so that they will be aware of how some of the recently-passed legislation Is being carried out. Regular Council Meeting August 13, 1990 page ih The Public Works Director addressed the present problems and suggested some probable solutions. He noted that all of the solutions would be costly and permits would be needed to move the soil. Councilmember Ruettlmann suggested the soll could be moved onto some of the Clty~s land. l~otio~ by ~lawrockl, second by Carlson to authorize staff to work with the MPCA and with Senator Frank to find a solution for the handling of soils on the 43rd Avenue project. Roll call: Ali ayes 10. REPORTS a. City I~anager's Report The City flanager's report was submitted in written form and the following subject was discussed: Public Hearing Regarding 1991 Budget: It was noted that the City Manager's budget letter was not yet completed. The budget books are ready for dis- tributiono £otmcilmember tie-rock1 requested follow up on the smoking policy in City Hall and on a complaint recelved from the property owner at q508 Polk Street. :ouncllmember flawrocki inquired how the chipping of trees from the recent storm was progressing. The Public Q/orks Director responded that some'of the branches were filled with dirt and would have to be washed clean before they are put into the chipper. He noted that some of the branches have so much dirt in them they w111 have ~o be hauled away. b. City Rttorneyts Report In reference to the parking ramp at q0th and Central, the City Attorney advised that its tax status is not determined by ~ho owns it, but rather whether It used as a aub]ic ramp. Cou~cllmember gawrockl observed that neither the I~ayor~s nor the City Manager's signature is on the conveyance deed for the parking ramp. He noted that the Clty Charter requires that any contract must be slgned by the Mayor and the £1ty ~anager. He lnquired If thls ~ere true for a conveyance deed. A member of the City Attorney*s staff stated that It would be a requirement but the Clty Attorney questioned this response. The Public Works Olrector gave a status report on the 1989 sealcoatlng project. He is still concerned whether the surface ls still coming off or if it may have stabilized. He questioned how the sealcoatlng company could be made to make a commltment to make corrections before the bond on the project expires. The :ity Attorney felt It would be advisable to bring an action against the company before the bond runs out and that it would be in the best Interests of the City to commence Iltigatlon and serve a summons before the bond expires. £ouncllmember Paterson felt the sealcoatlng company had indicated a w1111ngness to come back and fix the problem areas. It was noted that other communities who are experiencing problems with their sealcoatlng are doing nothlng. These cities are ~taple Grove, Plymouth and Minnetonke. The City of Fridley Is an exception In Regular Councll Meetlng August 13, 1990 page 15 that It is pursuing the company to perform repairs. f~otlon by Nawrockl, second by C1erkln that the City Hanager Is directed to ~ork with the Public Works Director and the City Attorney to ensure that the City's best Interests are protected in the matter of the 1989 sealcoating defects and failures. Roll call: Ali ayes The City Attorney distributed copies of the statutes which addressed the 25~ limit on change orders. The dralnage ditch obstructions behlnd homes on Innsbruck Parkway have all been removed except those at the home of Phil Ratte. The City Attorney Indicated he will be pursuing a court order on Mr. Ratte. Regardlng damage done to a retalning wall on 46~ Avenue, the City Attorney recom- mended that the Insurance company of the motorist who damaged the wall be contacted regarding payment for the repair costs. Councllmember Nawrockl noted he had received the wrong document regardlng the City's acceptance of the parking ramp on 40th and Central from the Flnance Director. He requested a copy of the correct deed and advice regarding the City's acceptance of the ramp. ADJOURNHENT flotlon by Peterson, second by Ruettimann to adjourn the meetlng at i1:50 p.m.. Roil call: Ali ayes -Anne Student,~-CounCi I Secretary Mayor Edward M. Carlson