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HomeMy WebLinkAboutApril 23, 1990OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING APRIL 23, 1990 The Council Meeting was called to order by Mayor Carlson at 7:30 p.m.. 1. ROLL CALL Nawrocki, Clerkln, Ruettimann, Paterson, Carlson - present 2. PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA The following items were on the Consent Agenda: Approval of Minutes The Council approved the minutes of the Regular City Councll Meeting of April 9th; the Board of Trustees - Volunteer Reilef Association Meeting of Aprll 16th; the Special Council Meeting - Public Improvement Hearing of Aprll 17th as presented In writing and there were no corrections. Resolution No. 90-26; Being a Resolution Endorsing the Application of t'he City of Minneapolis to the Legislative Commission The reading of the resolution was walved there being ample copies available to the publlc. RESOLUTION NO. 90-26 BEING A RESOLUTION IN SUPPORT OF THE APPLICATION OF THE CITY OF MINNEAPOLIS RE- GARDING A STUDY OF THE UPPER MISSISSIPPI RIVER WHEREAS: The Mississippi River is the primary source of water for approximately 900,000 people In the Twin Cities Metropolitan Area; and WHEREAS: The Metropolitan Council in recent reports has recommended decreased reliance on ground water and continued utilization of surface water; and WHEREAS: There is currently no comprehensive watershed protection program for the Upper Mississippi; and WHEREAS: The City of Minneapolis has submitted an application to the Legis- latlve Commission on Minnesota Resources to determine potential sources of contamlnatlon for the Upper Mississippi .River, estimate the likellhood of servere contamination Incidents, and Identify strategies to reduce the level of risk; and WHEREAS: The City of Columbia Heights is served by the Minneapolis Water Works; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS THAT: The City of Columbia Heights endorses the appllcatlon of the Clty of Mlnneapolls to the Legislative Commlsslon on Minnesota Resources to assess the rlsk of contamination of the Upper Mississlppl River and urges that the project be funded. Council Meeting April 23, 1990 page 2 Passed this 23rd day of April, 1990. Offered by: Nawrocki Seconded by: Peterson Roll call: All ayes Jo-Anne Student, Council Secretary Mayor Edward M. Carlson Request of Golden Agers Club of St. Matthew Church to Close Washington Street from 41st to 42nd Avenues The Council approved the closing of Washington Street from 41st to 42nd Avenues on Thursday, June 14, 1990 from the hours of 4:00 p.m. to 10:00 p.m. in con- junctlon with a Summerfest to be held by the Golden Agers Club of St. Matthew Lutheran Church. Schools and Conferences The Council approved the attendance of the Library Director at the 1990 American Library Association Annual Conference to be held June 22 - 27, 1990, In Chicago, Illinois and also authorized that related expenses be reimbursed. Repair of Engine for Unit #3 The Council ratified the action of the City Manager in authorizing Wagamon Engine Rebuilders of Columbia Heights to repair the engine for Unit #3 in the amount of $I,157.78 and a)so authorized the Mayor and City Manager to enter into an agreement for the same. Award of Bid for Municipal Project #9901 - 1990 Sealcoat Work The Council awarded Municipal Project #990) to Allied Blacktop, Inc. for an estimated cost of $48,424.56 based upon formal bids received and also authorized the Mayor and City Manager to enter into a contract for the saR. Concurrence and Support of HRA Comprehensive Improvement Assistance Program Grant - $562,100 The Council expressed its concurrence with and support of the Housing and Redevelopment Authority's application for a $562,100 Comprehensive Improve- ment Assistance Program Grant for Parkview Villa Apartments and also authorized that the Mayor be authorized to execute a letter reflecting the City Council's support of the grant application. Payment of Bills The Council authorized that the bills be paid as listed out of proper funds. 4. APPROVAL OF CONSENT AGENDA Motion by Nawrocki, second by Peterson to approve the Consent Agenda as presented. Rol) call: Ail ayes OPEN MIKE/PROCLAMATIONS/PRESENTATIONS J.R. Anderson, President of the LaBeile III Condo Association, expressed a concern the residents of his building share regardlng the cleanlng of LaBelle Pond. He has observed that the most troublesome areas of the Pond are in the southeast corner and on the north end of the Pond. He requested that the Council give serious consideration of cleaning the Pond this year. Mr. Anderson stated that as the weather gets warmer the odor from the Pond is quite offensive. Mr. Anderson was advised this matter is scheduled for discussion at the April 24th Council work session. Mr. Anderson stated there will be representatives of the Councll Heeting April 23, 1990 page 3 Association In attendance at the work session. The resident at 1709 Innsbruck Parkway advlsed the Council he received a summons regarding an obstructed water dralnage easement across his back yard. The City Manager stated that some residents in the area has brought this matter to the attention of the Public Works Olrector some tlme ago. The easement has been fllled with materials, trash and obstructions. When the people responsible had been contacted a spirit of cooperation did not appear to be In evidence. They had been requested to remove any obstructibns In the easement. It was then decided this would be done by the City and the property owners would be assessed. The City Attorney advised that this Issue has been going on'for many 'years and had been the subject of many discussion. The resident at 1709 Innsbruck Parkway felt this situation may require the services of an attorney and observed that swalls such as this fill in after twenty five years. He lnquired if those residents who received a summons have to respond. The City Attorney advised if the property owners do not respond within twenty days, the City will open up the easement. The Assistant City Engineer advised that about one foot of material has to be removed the entire length of the swall. Councllmember Paterson Inquired If one person blocked the easement. The Assistant City Englneer stated that It began at 1666 Innsbruck Parkway and is obstructed all the way down to.the catch basin. Councllmember Nawrockl Inquired If actual documentation causing thls problem has been gathered and if notlces had been sent to the affected property owners. The Assistant City Engineer advised she had shot the proflle and other slgnl- ficant detalls of this swall'and had met with s°me of the area residents. The City Manager Indicated he wll! check the documentatlon. The resident at 1717 Innsbruck Parkway had contacted the Public Works Director regarding water collectlng behind hls home. At that time a letter was sent to the resident at 1713 Innsbruck Parkway regarding an obstruction he had placed In the swall. He took no action to remove it. The previous owner of 1701 Inns- bruck Parkway had also put materials into the swall. When he sold his home, he did not advise the new owner of the problem being experienced. In 1988, the owner of 1717 Innsbruck Parkway begun to fi11 In the ditch to deter the water from collecting in his back yard. In the spring of '1989 he received a letter from the Assistant City Engineer advising him he must stop putting rock and material Into the ditch. Ne contacted her to explain his posltlon and requested he be responded to. He received nD.call back from the Engineering Oepartment. He felt the City had abandoned the easement. Councllmember Paterson felt that what was vlewad as residents being uncooperative ls really a lack of communicatlon. He felt the City and these residents can work together to solve the problem. The City Attorney noted he had received a number of phone calls regarding this situation today at his office. The City Manager Indicated he wlll report back to the Clty Councll on this matter at the May Iqth Council maetlng. Ne recommended that those residents who are lntrudlng on the easement should remove what they have Impedelng the flow. 6. ORDINANCES AND RESOLUTIONS Council Meeting April 23, 1990 page 4 First Reading of Ordinance No. 1199; Pertaining ~o Minors Remaining on the Premises Where Beer is Sold Councilmember Na~rockl felt the proposed changes to the ordinance do not adequately address the Issue. It woUld still allow minors to be in the establishment without any kind of restrlctlons. Motlon by Peterson, second by Nawrocki to table this matter. Rol'l call: All ayes 7. COMMUNICATIONS a. Request for Support - USA CUP °90 International Youth Soccer Tournament Motion by Peterson, second by Ruettlmann to authOrize placement of a one-quarter page advertlsement In the USA Cup ~90 Official Souvenir Program at a cost : not to exceed $290. Councllmember Nawrockl felt, that while the activity Is meritorious, the ad w111 not serve a function that the Clty w111 be Involved wlth and there may be many souvenir programs the City may be asked to advertise in for the future. Mayor Carlson lnqulred If there Is any benefit to the City with advertising in thls program. The City Manager felt any benefit may be intangible and an assessment of benefit may be subjective. He felt there may be some benefit If partlclpants or observers would be staylng or spending in our City. Roll call: Clerkln, Ruettimann, Peterson, Carlson - aye Nawrockl - nay b. Appeal of Roya! Management Company Regardlng Late Payment Penalty on Ut11Ity Bill The City Manager recommended this item be tabled untll the next Council Meeting. He made this recommendation on the basis that the representative of the Royal Hanagement Company Is not in attendance at this meeting. It was noted he had been advised of this meeting and an agenda had been sent to him. Motion by Carlson, second by Clerkln to table this matter until the next Council meeting. Councllmember Nawrockl observed that agendas and meeting notices are not always received until ~fter the meeting or on the same day as the meeting. He felt the City Council should discuss the matter of late charges on utllity bllllngs. The motion was withdrawn. .. Motion by Ruettlmann., second by Peterson to. table thls Item until the next Council meeting. Roll call: All ayes Councllmember Nawrockl requested that the matter of late payment charges be an Item for a £ouncll work session. c. Condition and'Status of Tyler Street Between 37th and 43rd Avenues The City Manager and staff are recommending the resurfaclng and/or reconstruction of certain portions of Tyler Street from 37th to q3rd Avenues be lncluded on the agenda for the Public Improvement Hearing to be held In the Spring of 1991. Some of the residents in attendance at the meeting disagreed wlth staff's opinion that the street Is deteriorating from'age and rather from watermain breaks. They were also of the opinion that only about 400 feet of the street would need repair and did not ~ant any repalr done on' the street surface until the watermaln Council Meeting April 23, 1990 page 5 had been tested in specific locations. Discussion continued regarding what procedures could be undertaken, such as patching, sealcoatlng or complete reconstruction of portions of the street. The resident at h]]2 Tyler Street stated that at a previous publlc hearing the property owners had understood the street would be seaicoated and would receive better maintenance. He felt this had not been done and that the Street surface suffered because of It. The City Manager advised he had reviewed what had transpired at the March 9, 1989 Public Improvement Hearing. He Indicated that some of what the property owners recalled was Incorrect. He noted that ten feet of pipe was replaced In 1989. Councllmember Nawrockl stated that any watermaln replacement would be paid for by the Water Fund and that street replacement costs would be assessable. He suggested that the patching In the area be Improved and a I~mlnil' sealcoatlng be done by City crews and not assess but treat this action as a maintenance project. Councilmember Peterson inquired if staff had problems with the sealcoating work done in 1989. The Assistant City Engineer stated that problems were experienced and she ls meeting with representatives of other munlclpalltles who had similar prob]ems. She suggested that what Councilmember Nawrocki is recommending be done by the 1990 sealcoat contractor. The residents in attendance agreed that this proposal was satisfactory. Hotion by Nawrocki, second by Ruettimann that the City Council indicates Its intent to do some maintenance work on the street, hist to h3rd and that the City Council will make a better inspection of the street, and that a letter w111 go out to the people who are on the list confirming the final declslon of the City Council or anything different. The City Manager suggested that a11 members of the City Council walk the site at the same time so that a more informed decislon can be made regarding what should be done and get a better feel for what the residents in the area want. Tuesday, April ~hth at 6:30 p.m. was chosen as the time and date to meet and walk the street. Roll call: All ayes 8. OLD BUSINESS Weed Cutting Rebates Counciimember Nawrockl Inquired what the timetable was for determining what firms and which property owners would be receiving weed cutting rebates. The City Manager indicated this may not be determined for another one or two months. He advised that the audit and completion of the phone system installation had been priorities 6vet the weed cutting rebates. Councilmember Nawrocki felt this was unacceptable. 9. NEW BUSINESS a. Legal Services for Cable The Council was advised that the services of Hark Ayotte, legal counsel to the Cable Council Heeting April 23, 1990 page 6 Commission, had been terminated as it was felt ~ more experienced attorney was needed In view of the dispute. A letter was distributed to the COUncil from Thomas Creighton submitting a pro- posal for representing the City of. Columbla Heights in Its regulation of its cable television franchise. It ~as noted that the fees of Mr. Creighton would be higher than the previous legal counsel as critical Items will be addressed. Motion by Nawrockl~ second by Ruettimann to authorize the Mayor and City Manager to execute a letter of agreement with Tom Creighton, for the provlslon of legal services Involving-cable-related matters. Roll call: All ayes b. HRA Request for Relmbursement of Costs on MURP Piannlng The request of the HRA is for approval to secure a loan for $2~,289.q7 for a term of up to seven months to enable the HRA to be reimbursed for a portion of.the costs Incurred In plannlng the Multi-Use Redevelopment Plan. (MURP) Project. A resolution was drafted for this purpose If approval of the Council were given. Notion by Peterson to waive the reading of the resolution there being ample copies available for the public. Motion dies for lack of a second. Councllmember Nawrockl expressed disbelief that these costs were not taken Into account when the work was started. Motion by Nawrockl, second by Clerkln to table for further consideration and for additional Information until the next regular Councll meeting. Roll call: All ayes RECESS: 10:12 RECONVENE: 10:20 c. Insurance Coverage from May 9, I~0 to May 9, 19~! The Finance Director advised that the premiums for the Insurance coverage being recommended have gone down slnce last year and the coverage Is comparable. Councllmember Nawrocki Inquired what the City's exposure has been the last few years. He was advised that It had been very mlnlmal. Councllmember Ruettlmann asked if there were any clalms pending which may affect these rates. The Finance Director advlsed that any pending claims occurred durlng the time the City was self-Insured. It was noted that there is no deductlbliity on this 1lability Insurance. CouncIlmember Nawrockl felt that unnecessary premiums were being paid for general llablllty coverage and recommended It be removed from the package. The Finance Oirector advised that the liquor 1lability on a11 of the five quotes received are based on having general liability as well. The Insurance Commission Chair- person stated that liquor liability wlthout general liability could cost twice Rs must as with general Ilablllty. Motion by Paterson, second by Clerkln to authorize the Mayor and City Manager to enter Into a contract with Amerlcan Agency for Insurance coverage as quoted In their bid #1 at a cost of $1q3,235. Roil call: Clerkln, Ruettlmann, Paterson aye Nawrockl, Carlson - nay Council Meeting April 23, 1990 page 7 d. Change Order for Additional Telephone Commun'l~atlons Equipment and Services from Taylor Telephone Services The Finance Director reviewed all of the Items in the change order. Councl]member Nawrocki observed that this project is already fifteen percent over the original costs and the project is not completed yet. Motion by Ruettlmann, second by Peterson to authorize the Mayor and Clty Manager to enter Into a contract with Taylor Telephone Systems for the changes to the telephone system as listed on the attached form .at a cost not to exceed $7,955 with funds for this change coming from the General Fund Contingency Budget. Roll cai]: All ayes e. Acceptance and Payment for Fencing at Municipal. Service Center Motion by Paterson, second by Clerkln to accept the work for the Installation and removal of fence around the area being leased to Invest Cast and to make payment for the work to Crown Fence and Wire Company of Minneapolis, Minnesota amounting to $2,801.45, the total amount contracted for on November 13, 1989. Roll cai1: All ayes f. Award of One-Ton Dump Truck Bid Councilmember Nawrocki requested the need for this truck, what is being gotten for the trade-in, and the fact that only one bid was received. Supervisor Jolly responded that the truck is used extensively, interior of the truck is In very poor condition, and he felt it is unsafe to drive. Mayqr Carlson requested Jolly to bring to the Council the maintenance and operational reports on this truck for discussion at .the next regular Council meetlng. Motion by Peterson, second by Ruettlmann to award the bld for the one ton dump truck with box and snow plow to Superior Ford of Plymouth, Minnesota for an amount of $23,691 including trade-in based upon low formal bids received; and furthermore, to authorize the Hayor and City Manager to enter lnto an agreement for the same. Roll call: Clerkin, Ruettimann, Paterson, .Carlson - aye Nawrocki - nay g. Authorization of Final Payment for Remodeling of Existlng Police Garage Area Motion by Nawrocki, second by Clerkin to authorize the Mayor and City Manager to execute a change order wlth Sharp Heating and Air Conditioning, Inc. for a net additional charge of $310. Roll call: All ayes Motion by Nawrocki, second by Peterson to authorize the final payment to Sharp Heating and Air Conditioning, Inc. in the amount of $19,~85. Roll call: All ayes h. Purchase of Street Sweeper Motion by Paterson, second by Clerkln to recognize the fact that the street sweeping unit submitted by MacQueen Equipment, Inc. of St. Paul, does not meet the specifications and ls therefore found to be noncompllant. Roll call: All eyes Hotion by Peterson, second by Clerkin to authorize the purchase of one model AHL Athey/Mobil street sweeping unit as specified from Boyum Equipment, Inc. of Lakeville, Minnesota for an amount of $95,611.20 with trade-In based upon their low formal compliant bid; and furthermore, to authorize the Mayer and City Manager to enter into an agreement for the same. Council Meeting April 23, 1990 page 8 Councilmember Nawrockl had questions regarding the features of the truck and its maintenance. He had doubts regarding the "high dump" feature of the vehicle also. Motion by Nawrocki to table until the next regular Council meeting until a price quote can be gotten which did not Include the lift feature of the truck. The motion dies for lack of a second. Roll call: Clerkin, Ruettimann, Peterson, Carlson - aye Nawrocki - nay 1. Establish a Date for Council Work Session Motion by Nawrockl, second by Clerkln to establlsh a work session of the Clty Council on Monday, April 30th at 7:00 p.m.. Roll call: All ayes Members of the HRA were invited to attend the work session. j. Appropriate Funds for Weed Inspector The City Manager advised that no funding was provided In the budget for services of a Weed Inspector. Mayor Carlson has indicated he does not intend to undertake weed inspection. Motion by Nawrocki, second by Carlson that the Mayor and City Manager be authorized to enter into an agreement with Walter Logacz at a cost not to exceed $2,400 for weed inspections. Roll call: Nawrockl, Clerkln, RuettJmann, Carlson - aye Peterson- nay Motion by Nawrocki, second by Carlson to authorize the transfer of $2,400 from the City's Contingency Account #101-49200-8100 to the Weed Control Department, Expert and Professional Services, Account #101-43260-3050; and furthermore, that the Mayor be authorized to select an individual to serve as Weed Inspector. Roll call: All ayes k. Surplus City Property Motion by Cierkin, second by Peterson to authorize the sale, salvage, or disposal of various lighting systems, a desk, and miscellaneous card file units with other surplus City property. Roll call: All ayes 1. Accumulations of Recyclable Material Councilmember Clerkin has received some calls regarding a property owner who stores what appears to be recyclable material and other debris in his yard. He inquired If there Is an ordinance restriction regarding storage of this type of material. The City Attorney advised that the ordinance does not directly address this type of Issue but does address a public nuisance. The City Manager will pursue this matter wlth the County's Extension Service. m. Patrons of Top Valu Liquor Store Councllmember Paterson related a recent experience he had when he went to Top Valu on a Thursday at approximately 9:30 p.m.. He observed many people milling around outside of the store and in the parking lot as well as unacceptable be- havior. He questioned whether what the community is all about is not being lost in the pursuit of profit. Councilmember Peterson requested thls situation be looked at by the Police Department and that a study be done o£ the profits made between the hours of 8:00 and 10:00 p.m. at the Liquor Store. Council Meetlng April page 9 lO. REPORTS a. Report of the City Manager The City Manager's report was submitted in written form and the following Items were discussed: 1. Proceeds from Repossession and Resale of a Single Family Resldence at 4236 Fifth Street: The MRA will continue to retaln proceeds from mortgage pay- ments through Aprll I, 19~2, however, thereafter~ payments wlll be dlrected to the City through October !, 2019. The proceeds will be used to retire TIF debt. 2. Abused Animal Shelter Invoice: This matter was referred to the Clty Attorney for his review. The Humane Society has been notified that the animal no longer needs to be retained for the trial. 3. Training Regarding Use of Data Processing Software: The City Manager had requested Russ Paulson, of Columbia Resource Group to submit a proposal for staff training on use of various software packages, In partlcular WordPerfect. Paulson~s proposal will also lnclude training tlme to be spent with the Mayor and members of the Council. Thls training would not exceed i$~$0.00. Councllmember Nawrockl recalled a charter provision that stated a person cannot have employment with the City until after leaving office for one year. He felt If would be bad pollcy If this were done before one year had elapsed. He also lnqulred If other bids for this service were sought. The Cl. ty Manager responded that no other bids were sought for tralnlng on WordPerfect. The City Attorney w111 check the matter out regarding the charter requirement. 4. Hydrant Flushing: The Clty Manager distributed the schedule for hydrant flushlng In the City. He advised this schedule is running on cable televlslon and was Included In the recent City newsletter. 5. Library Operational Report: Councllmember Nawrockl referred to the last Item on the Library's Operatlonal Report, that belng, Issues and Problems. He felt rather than viewing the providing of coples of tax forms as a "headache" It should be looked at as a service opportunity. 6. Condition of Street, ~3rd Avenue East of Central: Councllmember Nawrockl noted that this portion of q3rd Avenue had been removed from an Improvement project. The City Manager advised he had requested the Public Works Director to prepare some alternatives for thls street but that has not been done at thls point in .:ime. He acknowledged that thls street is in tough shape and some Information wlll be prepared by the next Councll meeting. 7. Completion of Audlt: Counclimember Nawrockl Inquired when the audit would be completed and presented to the Council. The City Manager responded that It should be done by the end of Aprli, It will then be viewed by the Auditor and the final report and the Management Letter should be ready by the end of May. 8. Storage of Materials Behlnd Invest Cast: Councllmember Nawrockl required what the nature of the materials stored behind Invest Cast was. He was advised that this Is Inert materlal which will be used as a base for a parking lot that Invest Cast Is golng to surface. Councllmember Nawrockl advised that this material has been blowing around the neighborhood and accumulating off the property for several months. The City Manager advised that a good portion of the containers are now covered over. Council Meeting April 23, 1~90 page 10 Councilmember Nawrocki inquired about the schedule for bringing the usage of the parking area into compliance. The Bullding Inspector has not received any final plans. He noted that neighbors of Invest Cast w111 be invited to attend the Planning and Zoning Commission when this Item ls discussed. ~. Status of Taxes on Parking Ramp: Councilmember Nawrocki inquired about the status of the munlclpal parking ramp on bOth Avenue. The City Manager responded that is presently being discussed by the City Attorney and the County Attorney but nothing has been resolved as of this date. Councllmember Nawrockl observed that if this matter had been addressed In a more timely manner it may have been able to be handled by the Legislature. Ne requested that Representative Simoneau still be contacted about this matter. Discussion continued regarding whose liability It would be to pay the taxes if the exempt status of this ramp Is decided. Councllmember Ruettlmann referred to the status of the ramp adjacent to the County Court House. Mayor Carlson requested that the Council consider at its next work session the realignment of the City Council and appointments to various boards and commissions. 11. LICENSES The Council was advised that the application of an Auctioneer's license has been withdrawn. Motion by Peterson, second by Ruettimann to approve the license applications as listed upon payment of proper fees. Roll call: All ayes ADJOURNMENT Motion by Peterson, second by Ruettimann to adjourn the meeting at 12:40 a.m.. Roll call: Ali ayes -A~nhe Student, C~unc il Secretary Mayor EdwarcF ~F.~ C~arl son