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HomeMy WebLinkAboutMay 14, 1990OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING MAY 14, 1990 The meeting was called to order by Mayor Carlson at 7:30 p.m.. 1. ROLL CALL Nawrocki, Cierkin, Ruettimann, Paterson, Carlson - present 2. PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA The following items were approved on the Consent Agenda: Request for Tempora[.¥ Si~na~e, 4952 Central Avenue The Council approved a 3' x 8' banner as temporary slgnage at Tycoon's Tavern & Grill, 4952 Central Avenue, from May 15 - 20, 1990, subject to a $100 deposit to assure the removal of the temporary signage by May 31, 1990. Schools, Conference & Workshops The Council authorized the attendance of Officers Terry Nightingale and Larry Klink at the 1990 Law Enforcement Explorer Conference on July 15 -21, 1990, at Boulder, Colorado, and authorized up to $1,300 for expenses, including partial expense for Explorer Post members. Consider Parkview Villa as Site for Additional Senior Housing The Council granted approval for the Housing and Redevelopment Authority to construct as additional 40 to 50 apartments for senior low income families on the Parkview Villa Highrise site at 965 40th Avenue subject to City Council review and concurrence on the site plan for the additional units. Radio Purchase The Council authorized the purchase of radio equipment from Motorola C & E, Inc. at a total cost of $2,986 as replacements to existing Fire Department equipment; and also authorized the Mayor and City Manager to execute an agreement for same. Final Payment to R.W. Ceilings and Walls The Council approved the payment of $4,305 to R.W. Ceilings and Walls for painting and decorating services for the fire garage doors, fire station bays, and police garage. Final Payment of Street Strlpln~ Contract '~he Council accepted the work for the 1990 street striping authorized that final payment of $2,985.05 be made to AAA Striping Service, Inc. of Maple Grove, Min- nesota and also authorized the Mayor and City Manager to enter into a contract for the same. Final Payment and Acceptance of Municipal Project #8908 Municipal Project #~9~'was the installatlon of storm sewer pipe in the rear yards of properties between Monroe and Quincy Streets between 43rd and 44th Avenues. The Council accepted the work for Project #8908 and made final payment of $5,214 to Pete's Water and Sewer Inc. of Minneapolis. Regular Council Meeting May 14, 1990 page 2 Recycling Joint Powers Agreement " The Council authorized the Mayor and City Manager to enter into a Joint Powers Agreement with Anoka County for the period from 1/1/90 to 12/31/90 to provide cooperation between the County and the City to implement recycling and yard waste composting programs in the City of Columbia Heights. Award of Bid for .Annual Solid Waste Brochure The Council awarded the printing for the 1990 Annual Solid Waste Brochure to Liberty Press, Inc. on the basis of Iow quotation received in the amount of $2,523.85. Establish Date for Public Improvement Hearin9 The Council established a public improvement hearing of the City Council for Monday, June 4, 1990 at 8:00 p.m. in the Council Chambers. L i cens e s The Council approved the 1990 license applications as presented upon payment of proper fees. Payment of Bills The Council approved the payment of bills as presented out of proper funds. 4. APPROVAL OF CONSEt4T AGENDA Motion by Nawrocki, second by Clerkin to approve the Consent Agenda. Roil call: All ayes 4a. Approval of Minutes of Previous Meetings Motion by Nawrocki, second by Ruettimann to approve the minutes of the Regular City Council Meeting of April 23 and the Continued Board of Review of May 2, 1990 as presented and there were no corrections. Councilmember Nawrocki stated his objection to scheduling the Continued Board of Review when all members of the Council could not be present. Roll call: All ayes Corrections to ~he April 9, 1990 Council Meeting Motion by Nawrocki, second by Clerkin to reconsider approval of the April 1990 Council meeting minutes. Roll call: All ayes Motion by Nawrocki, second by Ruettimann to adopt the April 9, 1990 Council meeting minutes with corrections as stated in the May 10, 1990 memo from the Council Secretary. Roll call: All ayes 5. OPEN MIKE/PROCLAMATIONS/PRESENTATIONS Mayor Carlson read the proclamation designating the week of May 20th through May 26th as PUBLIC WORKS WEEK. Mayor Carlson presented a plaque to Officer James Montague in recognition of his twenty-four years of service to the City in the Police Department. There was no one present for OPEN MIKE. Regular Council Meeting May 14, 1990 page 3 6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS a. Public Hearing for Purpose of Considering the Invocation by North Central Cable Communications of Franchise Modification Procedures Set Forth in Section 625 of Cable Communications Policy Act of 1984. Mayor Carlson opened the Public Hearing at 7:35 p.m.. Tom Creighton, counsel for the Cable Commission, stated that this item relates back to the dispute over the trunk line being built as an AM technology rather than as a FM technology as stated in the franchise agreement. Creighton noted that both parties, the City of Columbia Heights and Cable TV North Central, had indicated a willingness to extend the deadline until June Il, 1990. He recommended that ali of the items of concern be discussed informally within the framework of the negotiations up to June llth. He submitted a draft resolution which addressed the informal renewal negotiations. Motion by Nawrocki, second by Ruettimann to waive the reading of the resolution there being ample copies avai]able for the public. Roll call: Ali ayes RESOLUTION NO. 90-28 BEING A RESOLUTION AUTHORIZING COMMENCING INFORMAL RENEWAL NEGOTIATIONS WITH CABLE TV NORTH CENTRAL AND EXTENDING THE DEADLINE FOR FINAL ACTION ON NORTH CENTRAL'S REQUEST OF JANUARY 19, 1990 NOW, THEREFORE, the City of Columbia Heights hereby resolves: 1. The City Council directs its Special Counsel, Thomas Creighton, to commence informal renewal negotiations with Cable TV North Central and provide a final report and recommendation on informal renewal to the Council for final action no later than June Il, 1990; and 2. The City agrees with and represents to Cable TV North Central that the City. shall not before June il, 1990, take any enforcement action under Section 103, !12, 113, and 117, of the Cable Franchise Ordinance, including but not limited to, taking any action to draw on North Central's Letter of Credit, asserting any claims concerning fines or penalties, or take any action adversely affecting North Central's renewal rights under State and Federal law; and 3. The City further understands pursuant to written representations of North Central that upon the adoption of this resolution, North Central mutually agrees with the City to extend the deadline for final action on North Central's request of January 19, 1990, until June 11, 1990, in consideration of the City's actions in Paragraphs 1 and 2 above; and 4. The City recognizes that North Central has previously reserved its right to assert certain claims and by agreeing to the extension proposed in Paragraph No. 3. Additionally, all rights and claims of City are reserved unto City and are not waived by adoption of this resolution, except for those rights and claims specifically addressed by this resolution and for the period of time those rights and claims are stayed herein. Regular Council Meeting May 14, 1990 page 4 Passed this 14th day of May, 1990. Offered by: Seconded by: Roll call: Nawrocki Ruettimann Ali ayes Mayor Edward M. Carlson Jo-Anne Student, Council Secretary Lee Sheehy, legal counsel for North Central Cable TV, advised the City Council he is in agreement that this matter should be resolved by next month. He noted that some of the language in point #2 in the resolution is in dispute. It was Sheehy's observation that if all is not resolved it could ultimately be left to the courts. Motion by Nawrocki, second by Ruettimann to continue the public hearing until the June 11, 1990 regular meeting of the City Council. Roll call: All ayes b. First Reading of Ordinance No. 1198; Pertaining to the Creation of an "1-2" Industrial District Which Would Permit Auto Sales Under Certain Circumstances A revised draft of the ordinance was distributed. At Councilmember Nawrocki's request a map of the area being considered in the ordinance was distributed. Counciimember Nawrocki inquired why such a large area was being considered for this recommended zoning. The City Attorney responded that it was a consensus of the members of the Planning and Zoning Commission that if a user of the pro- perty meets all the criteria of the zoning, it would be a good use of the pro- perty. Councilmember Nawrocki did not agree with this reasoning, noting that the use of the property would be mainly for car sales. He felt the area should be scaled back in size. Councilmember Peterson advised that the ordinance would restrict the number of cars which could be available for sale to fifteen at any given time. He noted this would be for an accessory use and not a freestandting used car sales lot. Councilmember Nawrocki requested that an amendment be made to the area in the ordinance and that it be reduced down to the size as stated in a property owner's request. Councilmember Paterson inquired if it was intended to make this zoning pertain only to one parcel. Council member Nawrocki observed that a large portion of this area backs up to residential property and to property used by the City's Public Works Department. Councilmember Paterson viewed this request as "spot zoning" and could be moved up to 38th Place. Councilmember Nawrocki observed that the original proposal for this zoning was limited to only one parcel at 40th and University Avenues. Councilmember Paterson observed that presently truck sales are permitted in the area being requested by the zoning but not car sales. He felt the ordinance could really clean up the area. Councilmember Nawrocki requested staff to prepare an amendment to the ordinance to limit the area to be rezoned to the area as outlined in the request to the particular property in question. Council member Peterson noted that the Planning and Zoning Commlssion will be holding a public hearing on this ordinance on June 5th. He requested that all options be available at that hearing. Regular Council Meeting May 14, I 990 page 5 Motion by Peterson, second by Nawrocki to walve"the reading of the ordinance there being ample copies avalble for the public. Roll call: All ayes ORDINANCE NO. 1198 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO CREATION OF AN "1-2" INDUSTRICAL DISTRICT WHICH WOULD PERMIT AUTO SALES UNDER CERTAIN CONDITIONS The City of Columbia Heights does ordain: Section 1: Section 1SA of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which is currently reserved, is herewith amended to hereafter read as follows, to wit: Section 15A "1-2" Industrial District 9.115A (1) Permitted Principal Uses 9.1iSA (2) Within the "I-2" Industrial District no structure or land shall be used except for one (1) or more of the uses permitted in ~9.115 (1) and ad regulated therein. Conditional Accessory Uses Within any "I-2" Industrial District no structure or land shall be used for the following uses except by conditional use permit. (al (bi (ii) (iii) (iv) (v) (vi) (vii) (viii) Those uses set forth in 59.115(2) and as regulated therein. Auto sales, subject to the following conditions: (il The use of the property for auto sales must be accessory only to auto repair or auto reduction yards. The permitted and accessory uses must be on a site plan approved by the Planning and Zoning Commission or by the City Council. An open auto sales lot must comply with the provisions of ~9.116(14). All autos presented for sale must be parked on an imper- meable to oi1 and water surface in good repair, such as asphalt or concrete and on parking spaces no smaller than twenty feet (20') in length by ten feet (lO') in width. No more than fifteen (15) cars may be available for sale at any given time. All cars offered for sale must be stored within a securely fenced area. All customer and employee parking must be located on a parking lot wlth a surface impermeable to oil and water, such as asphalt or concrete. Said surface must be maintained in a condition of good repair. All land on which vehicles to be repaired, stored, stripped, or reduced shall be covered with an impermeable to water-or oil surface, such as asphalt or concrete. Said surface shall be maintained in a condition of good repair. Regular Council Meeting May 14, 1990 page 6 9.11SA (3) Permitted Accessory Uses, Lot Area,"Hei~ht, Lot Width, and Yard Requirements Section 2: Permitted accessory uses, lot area, height, lot width, and yard requirements shall be as set forth in ~9.115(3) and ~9.115(4) and as regulated therein. That property which is bounded by 37th Avenue N.E. on the south, Jefferson Street N.E. and Madison Place on the west, Quincy Street N.E. on the east, and the southerly line of the Soo Line Railroad right-of-way north of 39th Avenue N.E. on the north, except Lots 1 - 8, inclusive, Block 68, Columbia Heights Annex to Minneapolis, which is currently zoned "l" shall hereafter be zoned "1-2". The Official Zoning Map is herewith amended to reflect the said change pursuant to this ordinance. Section 3: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: May 14, 1990 Motion by Nawrocki, second by Clerkin to establish June 11, 1990 as the date for the second reading of Ordinance No. 1198 and as the date for a public hearing. Roll call: All ayes c. Resolution No. 90-27; Being a Resolution Relating to the Approval of an Amendment to a Tax Increment Pledge Agreement Relating to the Columbia Heights Central Business District Revitalization Project The Executive Director of the HRA explained these funds will be used for operating costs of the HRA. The HRA Director advised that the HRA had incurred direct costs for planning for the MURP project and establishment of a Tax Increment Financing District. Since a development did not result at this point in time nor Tlr bonds have been sold the HRA did not recover its costs from the bond proceeds. This resolution would authorize the securing of a loan through Northeast State Bank. After the required six months, this loan will be paid off with interest from the City/HRA Tlr Debt Service Reserve Fund. Motion by Pete~on, second by Ruettimann to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION NO. 90-27 A RESOLUTION RELATING TO THE APPROVAL OF AN AMENDMENT TO A TAX INCREMENT PLEDGE AGREEMENT RELATING TO THE COLUMBIA HEIGHTS CENTRAL BUSINESS DISTRICT REVITALI- ZATION PROJECT BE IT RESOLVED by the City Council (the "Council") of the City of Columbia Heights, Minnesota (the "City"), as follows: Section 1. Recitals. 1.O1. The ttousing and Redevelopment Authority in and for the City of Columbia Heights, Minnesota (the "Authority") proposes to issue its tax increment revenue bonds in the principal amount of up to $30,000 to finance public redevelopment costs, specifically those listed on Exhibit A attached Regular Council Meeting May 14, 1990 page 7 hereto, of the Central Business District devitalization Project (the "Project") and the Authority has requested the City to amend the Tax Increment Pledge Agreement (the "Pledge Agreement") for the Project, dated August il, 1980, to provide for the issuance of the Authority's revenue note to finance such costs (the "Note"). 1.02. The Authority and the City have amended the Pledge Agreement by an Amend- ment to a Tax Increment Pledge Agreement dated as of July 10, 1984, by an Amendment to a Tax Increment Pledge Agreement dated as of September IO, 1985, by an Amendment to a Tax Increment Pledge Agreement dated as of June 23, 1987, and by an Amendment to a Tax Increment Pledge Agreement dated as of March 27, 1990. 1.03. The Authority has caused to be prepared a proposed amendment to the Pledge Agreement in the form attached hereto as Exhibit B. 1.04. The Council hereby determines that it is necessary and in the best interest of the Authority and the City at this time to amend the Tax Increment Pledge Agreement dated as of August 11, 1980, as amended, between the City and the Authority to provide for the Note. Section 2. Findings Relatin~ to the Amendment 2.01. The Council hereby confirms the findings made with respect to the original approval of the Project. Section 3. Approval of the Amendment to the Pledge A~reement. 3.O1. The Amendment to the Pledge Agreement (the "Amendment") is hereby approved in substantially the form of Exhibit B attached hereto. The Mayor and City Manager are authorized to execute the Amendment on behalf of the City. Adopted this 14th day of May, 1990. Offered by: Seconded by: Roll call: Peterson Ruettimann Al1 ayes Mayor Edward M. Carlson Jo-Anne Student, Council Secretary 7. Communications A. Planning and Zoning Commission The Planning and Zoning Commission reviewed a first draft of the Request For Proposal for reviewing and updating the City's Comprehensive Plan. Councilmember Nawrocki inquired when this RFP will come to the City Council. The Executive Director of the HRA advised he will be reviewing the RFP with the Public Works Director as he wants to include some additional items in the Comprehensive Plan, one of them being the Storm Water Management Plan. The budget for this updating is $25,000. Councilmember Nawrocki felt these funds would be ill-used and that the use of Regular Council Meeting May 14, 1990 page 8 an intern should be included. He also felt the .budget for the Comprehensive Plan should include use of other City staff. The Executive Director advised that staff time is included in the budget. Councilmember Nawrocki requested to see the budget. b. Appeal by Royal Management Company Regarding Late Payment Penalty on Utility Bill Mohsen Mirzai of Royal Management Company distributed photo copies of cancelled checks for the University Heights utility bills due in December and in March. The Royal Management Company manages University Heights. He noted that one pay- ment, the one in December, was assessed late fees and the one in March was not. It was stated that the payment in March was not late, therefore did not receive late fee penalties. The City Manager observed that the March payment was received on its due date. The Finance Director advised that checks received for utility bills in the City are validated by machine on the same day they are received. Mirzai stated that his company endeavors to make all their payments in a timely basis. Council- member Nawrocki observed that there is a distinct difference between the practices of the private sector and the pub]ic. Motion by Clerkin, second by Peterson to reaffirm the City Council's earlier decision to deny the request of Royal Management Company to waive the late payment penalty for utility and trash removal billing forwarded to the University Heights Condomimium Association. Roll call: All ayes c. Grass Cutting Rebates Councilmember Nawrocki stated he presumes that the City will give interest to those rebates being made to property owners who were overcharged for grass cutting ordered by the City. The City Manager responded he will do that if the City Council so directs. d. Traffic Commission Meeting - May 7, 1990 - Minutes The minutes of the recent Traffic Commission meeting were received by the Council for informational purposes. Councilmember Nawrocki referred to that portion of the minutes which addressed a proposed bus layover ]ocation and new bus stop. The Engineerlng Department had proposed moving the bus layover from 44th Avenue, west of Central Avenue, to between the Heights Theater and Burger King on Central Avenue. Council- member Nawrocki felt this would be very inconvenient for those patrons whose destination is 44th Avenue and that really anything south of 44th Avenue wou]d be inconvenient. Councilmember Nawrocki advised that in front of the Heights Theater at the bus stop location, a sign had been removed leaving about three inches of pipe pro- truding from the ground. He felt it was an hazard and requested it be removed. 8. OLD BUSINESS a. Software Support Agreement With Business Records Corporation Councilmember Nawrocki inquired how a ten percent increase in the contract each year could be justified in light of the fact that levy limits are only being increased approximately three precent. The Finance Director responded that the company is giving the City a significant discount on the maintenance agreement. Regular Council Meeting May 14, 1990 page 9 He noted that the company is trying to expand it's business in this area and that the City of Columbia Heights is being billed less than some other cities. Motion by Peterson, second by Clerkin to authorize the Mayor and City Manager to enter into a five year software support agreement with Business Records Cor- poration for maintenance of financial software packages at a cost not to exceed $5,190 in 1990 with ongoing increases not-to exceed ten percent in any one year. Roll call: Clerkin, Ruettimann, Paterson - aye Nawrocki, Carlson - nay b. Public Hearing for License Revocation - Tycoon's Tavern Councilmember Ruettimann inquired what is being recommended regarding the License Revocation of the Tycoon Tavern. It was noted that this item was included in the Manager's Report. The City Attorney recommended that a hearing not be scheduled before this matter is heard in the court. He stated that no court date has been set as yet but felt it may be heard some time in July or August. Some members of the Council felt a date for the public hearing should be set so it is not perceived that the matter has been abandoned by the Council. Motion by Nawrocki, second by Ruettimann to reschedule the Public hearing on the Tycoon Tavern license for the August 13, 1990 City Council meeting. Roll call: All ayes c. Status of Clean Up Behind Invest Cast Councilmember Nawrocki inquired as to the status of the clean up behind Invest Cast, noting that most of the material is not covered as had been reported. He also requested that staff find out the makeup of this material noting that the Council had been advised it is inert. He wondered how anyone would know this if an analysis had not been done. The City Manager advised that the staff has already received a report as to the materia] content from the MPCA. This ana]ysis had been done at the request of the owner of Invest Cast. The City Manager had some concern regarding the method of applying this material to the surface of the parking lot. Councilmember Nawrocki advised that some sort of site plan was to have been sum- mitred to conform with the ordinance. The City Manager advised that prelimlnary plans have been submitted and that the owner is attempting to cooperate and to comply with the ordinance. Council member Nawrocki observed that more debris seems to be accumulating on the site and that the fence has been moved back. He is receiving complaints from property owners in the area. Mayor Carlson suggested that each Council member look at the site. d. Weed Cutting Charges The City Manager advised that the property owners who were overcharged for weed cutting will be notlfied in the near future. He hoped the list of those overcharged will be prepared by the next Council meeting. Mayor Carlson advised he has received complaints regarding paper and debris behind K-Mart. The City Manager advised this firm is aware of neighborhood complaints and will endeavor to clean up the area. He noted that tags will be issued if the work is not done. Councilmember Nawrocki inqulred if a weed cutter contract has been signed yet. Regular Council Meeting May 14, ]990 page lO The City Manager responded that there has been ~nly bid received with a quote. He noted that the Public Works Director is seeking more quotes. Councilmember Peterson inquired who was the Weed Inspector in 1982. He was advised the Assistant Weed inspector was most likely Wally Logacz. The Mayor is the Weed Inspector. The City Attorney advised that the Assistant Weed Inspector has a contract with the City and is not considered an employee. Councilmember Paterson brought this subject up as he thought it was analogous to the situation regarding computer training by a former City Councilmember. Councilm~mber Nawrocki felt the situation was not analogous but if it were that two wrongs don't make a right. e. Enforcement of Housing Maintenance Code Progress CounciJmember Nawrocki inquired as to the status of the enforcement of the housing maintenance code. He feels this should be a priority item. The City Manager stated that the former Council felt there was no big hurry to enforce this ordinance. He noted that the new Council feels differently. He noted that the staff has a vested interest in enforce]rig this ordinance. He will make monthly reports on the progress of the enforcement. The Building Inspector advised that there had been an April 9th dead)]ne and that no penalty clause for late filing was included in the ordinance. He noted that some of the property owners are not being very cooperative. f. Approval of Outreach Coordinator and Education Assistant Positions and Establishment of Salary Ranges The Director of Recreation reviewed the job descriptions and proposed salary for these two positions. Motion by Ruettimann, second by Paterson to approve the Outreach Coordinator job description dated May 7, 1990. Roll call: Ali ayes Motion by Peterson, second by Ruettimann to approve the Educational Assistant job description dated May 7, 1990. Roll call: All ayes Motion by Peterson, second by Ruettimann to establish the positions of Outreach Coordinator and Educational Assistant as dated May 7, 1990. Roll call: All ayes The budget will be amended at the May 29th City Council meeting. Motion by Peterson, second by Ruettlmann to approve the monthly salary range for the position of Outreach Coordinator as follows: 199o Entry 6 Months 1 Year 2 Years '3 Years $2,216 $2,291 $2,367 $2,442 $2,518 1991 $2,305 $2,383 $2,462 $2,540 $2,619 Roll call: All ayes Council member Nawrocki stated that the 1991 salary ranges should not be part of the motion. The City Manager advised that the 1991 rates for non-union employees have been established. Regular Council Meeting May 14, 1990 page ll Motion by Paterson, second by Ruettimann to approve the salary range for the position of Educational Assistant as follows: Entry 6 Months 1 Year 2 Years 3 Years 1990 $1,429 $1,478 $1,527 $1,575 $1,624 1991 $1,486 $1,537 $1,588 $1,638 $1,689 Roll call: All ayes 9. Type of Bonds to be Considered for Parkview Villa Site Councilmember Nawrocki had some concerns and questions regarding the bonds being considered for the additiona] senior housing being proposed for a site adjacent to Parkview Villa. He was advised this will be discussed at a HRA meeting and the matter w111 be on the agenda of the May 29th Council meeting. Councilmember Paterson inquired if General Obligation Bonds can be voted on by residents. He was advised that this is not required by City Charter. h. Joint Powers Agreement for the Acquisition of Optical Scan Vote Tabuiation Equipment Councilmember Nawrocki advised that this optical scan equipment has not been certified for use by the State and that Anoka County intends to rent the equipment until the State approval is given. The Finance Director stated that Unisys will take back the equipment .if the State does not certify it and the City will pay only what it would have cost with other equipment. Councilmember Nawrocki referred to the problems experienced by the City of St. Paul in its last election and felt this could occur with this equipment. It was the opinion of the Finance Director that the problem in that election was due to programming problems. Motion by Clerkin, second by Peterson to authorize the Mayor and City Manager to enter into the joint powers agreement for the acquisition of optical scan vote tabulation equipment with Anoka County and other governmental units in Anoka County. Roll call: All ayes Motion by Clerkin, second by Peterson to authorize the Mayor and City Manager to enter into an agreement with Unisys Corporation for the purchase of various optical scan voting equipment based on low bid under the Anoka County joint powers agreement; the total cost not to exceed $55,740. Roll call: All ayes Councilmember Nawrocki requested the Finance Director to find out if the total of vote difference was changed for a recount from 100 votes to 200 votes. i. Award of Miscellaneous Concrete Repairs - Project No. 9000 Councilmember Nawrocki inquired if this work is included in the sealcoat project. He was advised that it was and it came in under estimate. Motion by Peterson, second by Nawrocki to award Municipal Project No. 9000 to Standard Sidewalk of Lindstrom, Minnesota based upon their low formal bid of $49,486.80; and furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Roll call: All ayes Regular Council Meeting May 14, 1990 page 12 j. Adoption of Five-Year Capital Improvement/Capital Outlay Program - 1991-1995 The City Manager felt this item should be discussed when the Public Works Director is able to attend as he wished the infrastructure projects for )99l- )992 to be included in the discussions. Motion by Nawrocki to remove the proposed community swimming pool. from the budget and that the balance of the Capital Improvement Programs be moved to a City Council work session, l~tion dies for lack of a second. Motion by Carlson, second by Peterson to table this item until a Council worl~ session. Roll call: All ayes k. Authorization to Establish Sunshine/Employee Recognition Fund Motion by Peterson, second by Clerkin to authorize the City Manager to establish a Sunshine/Recognition Fund, and to develop appropriate rules and guidelines to assure consistent recognition of those individuals who serve the City of Columbia Heights, and furthermore, that $1,0OO be appropriated from the General Fund - Fund Balance to the Sunshine/Recognition Fund to provide a source of funding associated expenditures. Councilmember Nawrocki felt the rules for use of this fund should be established and brought to the Council before approval is given. He also felt an opinion should be gotten from the City Attorney regarding the legality for using funds in this manner and he requested information from other cities should be gotten about what they do with this type of funding. Motion by Nawrocki that the City Manager be directed to develop appropriate rules and guidelines for the Sunshine/Rec.ognition Fund and seek legal clari- fication of the ability to establish such a fund, and to seek practices of other cities and report back to the City Council. Motion dies for lack of a second. The City Manager responded that he sought a legal opinion whether this is an appropriate use of public funds and the City Attorney felt the City Council should decide. Counci)member Nawrocki felt the Council should receive an opinion in writing. Councilmember Peterson stated he has no problem with spending the money in thls fashion and offered $200 from his Council salary for the purpose. Councii member Nawrocki felt it was bad public policy to authorize the use of public funds for this kind of purpose without having guidelines, previous experience and the City Attorney's opinion. Ro11 call: Clerkin, Ruettimann, Peterson- aye Nawrocki - nay Carlson - abstain 1. Anoka County Humane Society Billing for "Kona, the Dog" The City Manager is recommending that the entire bill for the care and custody of "Kona" to the County Treasurer. The City Attorney advised that he has not discussed this matter with the County Treasurer and would prefer to talk to the County Treasurer before a bill is sent from the City. Councilmember Nawrocki recalled that the City of Columbia Heights made a donation to the Humane Society's Building Fund in the past and presently has a contract with the Society for services. Regular Council Meeting May 14, 1990 page 13 Motion by Clerkln, second by Ruettimann that th~ City Manager be directed to forward the Anoka County Humane Society billing for care and treatment of "Kona the dog" to the Anoka County Treasurer for payment by the County from the County's General Fund, but before sending this billing, the City Manager and the City Attorney discuss this matter with the County Treasurer. Roll call: All ayes m. Settlement of Claim Regarding Property at 4807 Washington Street RECESS: 11:15 p.m. RECONVENE: 11:25 p.m. m. Settlement of Claim Regarding Property at 4807 Washington Street Motion by Ruettlmann, second by Peterson to authorize the payment of $950 to Mr. & Mrs. Raynold Bartos , however, subject to the signing of the waiver, and furthermore, that the payment will be made only after the existing tree is replaced and payment shall be reduced by the cost of tree removal for the existing tree located at 4807 Washington Street. Roll call: All ayes n. Water Tank Replacement Motion by Peterson, second by Clerkin to authorize the replacement of a 500 gallon water tank with the work being done by General Safety in the amount of $3,955.00 and that the Mayor and City Manager be authorized to enter into an agreement for the same; and furthermore, that the City Manager be directed to return to the City Council with recommendations to changes in the budget for the Fire Oepart- ment. Roll call: Ali ayes o. Invest Cast, Inc. The City received a letter from Marquette Bank requesting from the City an assignment of the 1. ease for the vacant lot leased to Invest Cast by the City to be used for a parking lot. Bill Walker, President and owner of Invest Cast, advised the Council that this is standard business practice when refinancing. He holds a twenty-five year lease on the parking lot property with the City. He noted he had expected the parking lot to be completed by now and has sub- mitted three drawings of the proposed parking lot to City staff. Walker also advised the Council he had the MPCA test the materials intended for use in and on the parking lot. Councilmember Nawrocki requested a copy of the Findings of the MPCA. Motion by Ruet~imann, second by Peterson to authorize the Mayor and City Manager to enter into an Assignment of Lease for the vacant lot utilized by Invest Cast for parking. Discussion continued in the event of a foreclosure or default. Roll call: Clerkin, Ruettimann, Paterson, Carlson - aye Nawrocki - abstain p. Sewer Backup - 4508 Polk Street A letter was received from the property owner of 4508 Polk Street indicating the experiences this owner has had with sewer backups. No one on the Councll or on the staff had any information regarding this situation. The City Manager was directed to follow up this item. q. Reduction in State Aid Councilmember Nawrocki inquired of Mayor Carlson if there had been any accommodations made in the budget to address the reduction in the City's state aid. The Mayor referred this matter to the City Manager. Regular Council Meeting May 14, 1990 page 14 r. Structural Defect - Apartment Building - 4719 University Avenue Councilmember Nawrocki inquired what the City staff knows about the apartment building at 4715 University Avenue with what appears to be structural defects. The Building Inspector advised he is aware of the problem and that in talking wi~h the owner, he was advised that the owner is presently getting bids on correcting the problem. Presently, there is a snow fence around the area ex- periencing the problems and it is braced. There are four apartments in the building vacant on the side of the building braced. The problem occurred because of dry soil conditions and is being experienced by the apartment building at 4707 University Avenue as well. s. Flag Pole Lighting Councilmember Nawrockl has received some complalnts on the newly-installed flag pole lights. It was noted that the illumination from these lights is so strong it is shining into people's homes at night. The City Manager noted that these lights were done as p~rt of the building improvements and paid for by the V.F.W.. They appear to be overdesigned. The Building Inspector advised he has contacted the electrlcal company who installed the lights and they suggested shields be put on the lights to decrease the i11umlnation. It was also noted that the bulbs could be smaller. t. Taxi Cab License Councilmember Nawrocki had a question regarding cab license renewals. He inquire~ if a new cab is purchased by a licensed driver did that require a new license. The Building Inspector advised that this is the case. Council member Nawrocki ob- served that if a cab company were to update its fleet of cabs it could be out of business for two to four weeks. He expressed concern with the process for cab licensing and requested that the process be reviewed and the findings be brought back to the Council. u. Service Center Building Air Circulation System Councilmember Nawrocki requested that members of the City Council go to the Municipal Service Center and view the air system to see what had been done. Members of the Council requested that copies of the new phone numbers for the City offices be copied for them. The Council Secretary will do this. v. Appointment ~o the Housing and Redevelopment Authority Mayor Carlson appointed Bruce Nawrocki to fill the vacant seat on the Housing and Redevelopment Authority Board of Commissioners. Councilmember Paterson felt that one Councilmember on the Commission was enough and indicated he intends to resign as a HRA Commissioner. CONTINUANCE OF COUNCIL MEETING Motion by Paterson, second by Ruettlmann to continue the Council meeting until Tuesday, May 15, 1990 at 7:30 p.m.. Roll call: AIl ayes