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HomeMy WebLinkAboutSeptember 9, 1991OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING SEPTEMBER 9, 1991 The meeting was called to order by Mayor Carlson at ?:00 p.m.. 1. ROLL CALL Nawrocki, Clerkin, Ruettimann, Peterson, Carlson 2. ]PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA The following items were on the consent agenda: Minutes for Approval The Council approved the minutes of the August 26, 1991 Regular Council Meeting as presented and there were no corrections. Resolution No. 91-48; Urging Congressional Relief from Application of Superfund Statute The reading of the resolution was waived there being ample copies available for the public. RESOLUTION NO. 91-48 BEING A RESOLUTION URGING CONGRESSIONAL APPLICATION OF SUPERFUND STATUTE RELIEF FROM WHEREAS, the City of Columbia Heights, Minnesota, strongly supports the general concept of the Superfund Statute (Comprehensive Environmental Response, Compensation, and Liability Act) which makes parties who have created, transported, managed, or disposed of hazardous waste liable for the cost of hazardous waste cleanup; WHEREAS, under the Superfund Statute, hazardous waste site polluters acquire the right to sue fellow polluters to share the cleanup expenses; WHEREAS, polluters have discovered a means of attempting to shift the costs of hazardous waste site cleanup to taxpayers of the nation by suing city governments for their volume of municipal solid waste placed in landfills, thereby causing enormous legal costs and potentially unfair economic effects on city governments throughout the nation; WHEREAS, the Superfund Statute does not and should not focus on municipal solid waste; REGULAR COUNCIL MEETING SEPTEMBER 9, 1991 PAGE 2 WHEREAS, the Environmental Protection Policy recently adopted an Interim Municipal Settlement Policy that it would not routinely pursue local governments under Superfund, acknowledging that only a tiny fraction of municipal solid waste may be toxic; WHEREAS, the policy does nothing to stop polluters from launching expensive and often frivolous lawsuits against city governments, many of whom have only arranged for or licensed the pickup and hauling of municipal solid waste from within their respective borders; WHEREAS, such lawsuits are beginning to yield results whereby the nation's cities, school districts, very small businesses, and potentially citizens are prospects to be sued by polluters; WHEREAS, the 1976 Resource Conservation and Recovery Act and its amendments, along with EPA's regulations hereunder, treat household wastes according to non-hazardous waste standards· NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota, to urge its congressional representatives to support: Amending the Superfund Statute to clearly provide that municipal solid waste is not a hazardous substance in the same fashion as provided under the Resource Conservation and Recovery Act. Empowering only the federal government to sue local governments for cost-sharing under the Superfund Statute if such local government may have handled any truly hazardous waste. Clearly defining that the degrees of toxicity, not the volume of waste, should be the prime factor in assessing any liabilities under the Superfund Statute. BE IT FURTHER RESOLVED that the City Manager be authorized to vigorously pursue relief from any attempt to transfer the costs of toxic waste cleanup from polluters to household taxpayers. Passed this 9th day of September, 1991. Offered by: Seconded by: Ruettimann Peterson REGULAR COUNCIL MEETING SEPTEMBER 9, 1991 PAGE 3 Roll call: All ayes Mayor Edward M. Carlson Jo-Anne Student, Council Secretary Special Purpose Fence - Leopard Olson, 4112 Ouinc¥ Street The Council approved the seven foot high special purpose privacy fence for 4112 Quincy Street as requested and approved by the Planning and Zoning Commission. Special Purpose Fence - Greg Wills, 4246 Royce Street The Council approved the six to seven foot high special purpose alternating board privacy fence at 4246 Royce Street as requested and approved by the Planning and Zoning Commission. Changing Parking Restrictions The Council modified the thirty minute parking limit on 40th Avenue at City Hall to apply only between the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. Establish Date for public Special Assessment Levy Hearing The Council established Tuesday, November 19, 1991 at 7:00 p.m. as the Public Special Assessment Levy Hearing to be held in the City Council Chambers. Request to Seek Bids for 1992 Shared Ride Para-Transit Service The Council authorized staff to seek bids for Shared Ride Para-Transit services for calendar year 1992. License ADDliCations The Council approved the 1991 license applications as listed upon payment of proper fees. Payment of Bills The Council approved the payment of the bills as listed out of proper funds. APPROVAL OF CONSENT AGENDA Motion by Ruettimann, second by Peterson to approve the consent agenda as presented. Roll call: All ayes OPEN MIKE/PROCLAMATIONS/PRESENTATIONS WilliamKinev, 4355 McLeod Street, presented a petition to the REGULAR COUNCIL MEETING SEPTEMBER 9, 1991 PAGE 4 Council requesting that the berm/hill on the west side of Royce Place be decreased in height six to eight feet. It was signed by six property owners who live in the area. He noted that it would be desirable if this mound of dirt were reduced even more, perhaps eight to ten feet. Councilmember Nawrocki stated he had viewed this mound of dirt and requested some background from the City Manager. The City Manager responded that this berm is on the site plan but it would have to be surveyed to determine how high it presently is. He recommended this matter be referred to the Planning and Zoning Commission for its review. The Building Inspector said that this berm is being installed to act as a buffer for the daycare school which will be leasing space from Royce Place. The Public Works Director advised that this hill will have to be surveyed to determine its contoured elevations. It was determined that a site plan change would have to be requested. Councilmember Peterson felt the contractor or owner would have to make the site plan change request rather than the Council. If the City Council made this request it may have to be paid for from city funds. Councilmember Nawrocki noted that it is just a pile of dirt at this time. Councilmember Peterson suggested that staff contact the contractor and advise him of the concerns of the neighbors and of the Council. Motion by Nawrocki, second by Clerkin to accept the petition, place it on file, and that the matter be referred to the Planning and Zoning Commission for its review. Mayor Carlson requested staff to contact Tom Paul, the administrator of Crestview Lutheran Home, to advise him of the concerns expressed at this meeting and of the petition received, and to consider the wishes of other property owners in the area who may choose to have of the berm remain at its present height. Councilmember Nawrocki suggested that this matter be placed on the agenda of the next Planning and Zoning Commission meeting and that all property owners within 300 feet be advised by letter that this will be on the agenda. Councilmember Ruettimann requested staff to contact Tom Paul regarding decreasing the height of the pile of dirt and inquire what the elevation is supposed to be. REGULAR COUNCIL MEETING SEPTEMBER 9, 1991 PAGE 5 Mr. Kinev noted he has already spoken to the contractor. Roll call: All ayes Greg Eshelman, 4126 Madison Street, requested the City Council to consider repealing the ordinance which requires that dogs and cats be leashed in the City. He noted that he has two cats and he feels that they can be controlled without necessarily being kept on a leash. Mayor Carlson noted he had discussed this matter with Mr. Eshelman before and had advised him of his concerns regarding his request. The Mayor felt dogs and cats should be kept leashed for the safety of children and that this protection of youngsters should be a primary concern. Mr. Eshelman agreed with the Mayor's position. PUBLIC HEARINGS/ORDINANCES/RESOLUTIONS a. Condemnation of 4216 Central Avenue The City Manager reviewed the history of this condemnation, noting that approximately $75,000 damage was done to the structure from a fire on October 4, 1990. He noted that on October 25, 1990 a contractor had requested a permit to repair the building· Issuance of this permit was refused by the Building Inspector on the basis that more than fifty percent of the building had been damaged. Legal counsel for the owner of the building responded in writing that he did not believe that more than fifty percent of the building had been destroyed. On April 19, 1991 the Building Inspector, Richard Larson, owner of the building, and his legal counsel inspected the building. In a letter dated April 22, 1991, the legal counsel responded that the building could be repaired for $25,699.25. Staff did not feel this repair work could be done for this cost and again refused to issue a building permit. The City Manager advised that a letter requesting demolition of the building in thirty days was sent to the owner on July 29, 1991· On August 11, 1991 there were three fires in the building all bearing evidence of arson activities. He noted that in 1991 there have been tens calls made to the Police Department regarding this building. The City Manager read the Findings of Fact, the Council Conclusions and the Order. Mr. Larson advised the Council he has recently received funds from the insurance company for the damaged building and has received a bid for demolition of the REGULAR COUNCIL MEETING SEPTEMBER 9, 1991 PAGE 6 building. He noted that the demolition company stated it can take the building down in ten days. Motion by Clerkin, second by Ruettimann to adopt the Findings of Fact, the Council Conclusions and the Order and to direct the Mayor and City Manager to accept the Findings of Fact and authorize the City Attorney to so notify the property owner, Richard Larson of this action. Roll call: All ayes b. Second Reading of Ordinance No. 1231; Being an Ordinance Amending Ordinance No. 1181, Amending Ordinance No. 853, City Code of 1977, Pertaining to Solid Waste Motion by Ruettimann, second by Peterson to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1231 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1181, AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO SOLID WASTE The City of Columbia Heights does ordain: Section 1: Chapter 8, Article III, Section 1 of Ordinance No. 1181, passed March 27, 1989, which currently reads as follows, to wit: Chapter 8: Public Health and Safety Article III: Garbage and Rubbish and Recyclable Material Section 1: Storage Containers 8.301 (1) Every person who owns or occupies property within the City for business, commercial, industrial or residential purposes shall dispose of all garbage rubbish and recyclable material as defined herein, which may accumulate upon such property at least once a week. For purposes of this codes (a) "Garbage" shall be defined as organic refuse resulting from the preparation of food and decayed and spoiled food from any source. (b) "Rubbish" shall refer to all inorganic refuse REGULAR COUNCIL MEETING SEPTEMBER 9, 1991 PAGE 7 8.301 (2) 8.301 (3) 8.301 (4) matter such as tin cans, glass, paper, ashes, etc. (c) "Recyclable Materials" shall mean all items of refuse designated by the City Manager to be a part of an authorized recycling program and which are intended for transportation, processing and remanufacturlng or reuse. Every person responsible under this section, except as otherwise provided below, for the disposal of rubbish and garbage shall provide for the storage of such matter between periods of collection, one or more fly-tight metal or thermoplastic garbage containers of up to thirty-two (32) gallon or seventy-five (75) pound capacity. The containers shall be tightly covered to prevent exposure of the contents to potential fly or vermin infestation and shall be provided with handles for ease of lifting. One authorized thermoplastic recycling container for the collection and storage of recyclable material shall be distributed to each unit in residential buildings of eleven (11) or fewer units. The authorized recycling container is the property of the City. No person, firm or corporation, unless authorized by the City Manager, may remove a recycling container from the premises on which the unit is located. Notwithstanding the provisions of 8.301(2), persons responsible under this section for the disposal of rubbish or garbage at all apartment structures containing three ($) or more units, and at each commercial and Industrial establishment, or restaurant necessitating the storage and disposal of garbage and rubbish, shall utilize a vat service in lieu of the above requirements. Such vats shall be designed with the proper attachments for lifting onto refuse trucks. All accumulations of garbage and rubbish must be desposited and contained within the containers as provided in this section, except that: (a) tree limbs with diameters of less than four inches (4~) and lengths of less than four feet (4') tied into bundles, said bundles not exceeding eighteen inches (18") in diameter; REGULAR COUNCIL MEETING SEPTEMBER 9, 1991 PAGE 8 (b) leaves, grass or rubbish in waterproof containers (no larger than permitted 30 gallon garbage can liner size), not exceeding thirty- five pounds (35 lbs.) in weight; (c) bundles of newspapers and magazines tied securely and weighing less than thirty-five pounds (35 lbs.); (d) Christmas trees up to six feet (6') in length (during January); (e) small household items including small appliances, tools, and articles of furntire weighting less than thirty-five pounds (35 lbs.); and (f) stone, sod, earth, concrete, and building materials resulting from repairs and minor remodeling of the residence on the property at which these materials have been placed along with carpeting, carpet padding, mattresses, chairs, couches, tables and other such items of furniture; shall be placed on pick up day next to the garbage cans where alley pick up is available or at the curb line in areas where no alleys exist. 8.301 (5) Where alleys are platted and open for traffic, garbage cans shall be placed at the rear of said property adjoining the alley. Where no alley exists, garbage cans will be kept at or near the back door; provided however, that where the back door is not reasonably accessible from the front yard, the container shall be placed at a point adjacent to the house which is reasonably accessible to the front of the house. All authorized City recycling containers shall be placed at the curb line on pick up day regardless of existing alleys. 8.301 (6) Refuse or garbage for commercial and industrial properties shall be located to the rear property line of the building. Said containers shall be located immediately adjacent to the buildings which the containers serve. The location of the containers shall be in such proximity to the property that their appearance will not be evident REGULAR COUNCIL MEETING SEPTEMBER 9, 1991 PAGE 9 from the street. (a) Where practical, said containers shall be screened by appropriate fencing and/or shrubbery. (b) Where it is physically impossible to place the containers behind the rear line of the main building, the containers shall be placed as inconspicuously as possible along the side or front of the building with appropriate screening or in such place as the Council may require. 8.301 (7) The presence of any garbage or rubbish on any property other than within a structure permitted by the Zoning Code within the City or in any container other than a container authorized by this section or in the presence of containers not conforming with the requirements of this section, except as specifically authorized by this section, shall constitute a public nuisance under this section and shall constitute an offense punishable under Section 8.301 (9). 8.301 (8) Every household and every occupant or owner of any dwelling, house, boarding house, apartment building, or other structure utilized for dwelling purposes within the City must use the garbage and rubbish collection service as is made available by contract by the City of Columbia Heights and its designated garbage and rubbish hauler. 8.301 (9) Any person, firm or corporation who causes any violation of any provision of this section or who owns, maintains, or has a superior possessory interest in any estate where violations of the provisions of this section exist is guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than Seven Hundred Dollars ($700.00) or to imprisonment not to exceed ninety (90) days, or both, for each offense. is herewith amended to read as follows: Chapter 8 Public Health and Safety Article III Garbage, Rubbish and Recyclable Material REGULAR COUNCIL MEETING SEPTEMBER 9, 1991 PAGE 10 Section 1: Storage Containers 8.301 (1) Every person who owns or occupies property within the City for business, commercial, industrial or residential purposes shall dispose of all garbage, rubbish and recyclable material as defined herein, which may accumulate upon such property at least once a week. Yard waste as defined herein, which may accumulate upon such property shall be disposed of at least once a week during the yard waste season as determined by the City Manager. This provision does not apply to composting permitted by section 8.301(6). For purposes of this code: (a) "Garbage" shall be defined as organic refuse resulting from the preparaton of food and decayed and spoiled food from any source. "Rubbish" shall refer to all inorganic refuse matter such as tin cans, glass, paper, ashes, etc. (c) "Recyclable Materials" shall mean all items of refuse designated by the City Manager to be a part of an authorized recycling program and which are intended for transportation, processing and remanufacturing or reuse. (d) "Yard Waste" shall mean grass, clippings, leaves, weeds, garden waste, and soft bodied green herbaceous material under one inch (1") in diameter. (e) "Composting" shall mean any above ground microbial process that converts yard waste to organic soil amendments or mulch by decomposition of material through an aerobic process providing adequate oxygen and moisture. (f) "Sheet Composting" shall mean the spreading, incorporation or application of raw or composted yard waste onto land. REGULAR COUNCIL MEETING SEPTEMBER 9, 1991 PAGE 11 8.301 (2) Every person responsible under this section, except as otherwise provided below, for the disposal of rubbish and garbage shall provide for the storage of such matter between periods of collection, one or more fly tight metal or thermoplastic garbage containers of up to thirty-two (32) gallon or seventy-five (75) pound capacity. The containers shall be tightly covered to prevent exposure of the contents to potential fly or vermin infestation and shall be provided with handles for ease of lifting. Containers for the storage of garbage and rubbish shall be maintained in a manner which will prevent the creation of a nuisance or menace to the public health, safety and general welfare. Containers which are damaged, broken, or otherwise create a nuisance or menace to public health, safety and general welfare shall be replaced with acceptable containers. Disposal of yard waste shall be from plastic or paper biodegradable bags no larger than thirty-five (35) gallon garbage can liner size not exceeding thirty-five pounds (35 lbs.), or a permanent ventilated thirty-two (32) gallon fly tight metal or thermoplastic container which is clearly identified as containing yard waste and weighing no more than seventy-five pounds (75 lbs.). Containers for the storage of yard waste shall be maintained in a manner which will prevent the creation of a nuisance or menace to the public health, safety and general welfare. Containers which are damaged, broken or otherwise create a nuisance or menace to public health, safety and general welfare shall be replaced with acceptable containers. One authorized thermoplastic recycling container for the collection and storage of recyclable material shall be distributed to each unit in residential buildings of eleven (11) or fewer units. The authorized recycling container is the property of the City. No person, firm or corporation, unless authorized by the City Manager, may remove a recycling container from the premises on which the unit is located. 8.301 (3) Notwithstanding the provisions of 8.301 (2), persons responsible under this section for the disposal of rubbish or garbage at all apartment structures containing three (3) or more units, and REGULAR COUNCIL MEETING SEPTEMBER 9, 1991 PAGE 12 at each commercial and industrial establishment, or restaurant necessitating the storage and disposal of garbage and rubbish, shall utilize a vat service in lieu of the above requirements. Such vats shall be designed with the proper attachments for lifting onto refuse trucks. 8.301 (4) All accumulations of garbage, rubbish and yard waste must be deposited and contained within the containers as provided in this section, except that: : (a) tree limbs with diameters of less than four inches (4") and lengths of less than four feet (4') tied into bundles, said bundles not exceeding eighteen inches (18") in diameter; (b) leaves, grass or rubbish in waterproof containers (no larger than permitted SO gallon garbage can liner size), not exceeding thirty- five pounds (S5 lbs.) in weight; (c) bundles of newspapers and magazines tied securely and weighing less than thirty-five pounds (35 lbs.); (d) Christmas trees up to six feet (6') in length (during January); (e) small household items including small appliances, tools and articles of furniture weighing less that thirty-five pounds (35 lbs.); (f) yard waste in plastic and paper biodegradable bags (no larger than permitted 30 gallon garbage can liner size), not exceeding thirty- five pounds (35 lbs.), or a permanent ventilated thirty-two (32) gallon fly tight metal or thermoplastic container weighing no more than seventy-five pounds (75 lbs.) with handles; and (g) stone, sod, earth, concrete, and building materials resulting from repairs and minor remodeling of the residence on the property at which these materials have been placed along with carpeting, carpet padding, mattresses, chairs, couches, tables and other such items REGULAR COUNCIL MEETING SEPTEMBER 9, 1991 PAGE 13 8.301 (5) B.301 (6) of furniture; shall be placed on pick up day next to the garbage cans where alley pick up is available or at the curb line in areas where no alleys exist. Where alleys are platted and open to traffic, garbage cans shall be placed at the rear of said property adjoining the alley. Where no alley exists, garbage cans will be kept at or near the back door; provided however, that where the back door is not reasonably accessible from the front yard, the container shall be placed at a point adjacent to the house which is reasonably accessible from the front yard. Garbage cans must be removed from your curb line within twenty-four hours (24) after scheduled collection, and cannot be placed on the curb line more than twenty-four hours (24) before scheduled collection. All authorized yard waste containers shall be placed on the alley line, where alleys are platted and open, separated from garbage and refuse, or at the curb line in areas where no alleys exist. All authorized City recycling containers shall be placed at the curb line on pick up day regardless of existing alleys. Composting is prohibited for any owner or occupant of property within the City for business, commercial, industrial or residential purposes, except as hereinafter provided: (a) Composting shall be established in such a manner so as not to create an odor or other condition that is a nuisance; (b) Composting may consist of only yard waste, wood ash, and sawdust generated from the site on which the compostlng is located; (c) Composting must be in a back yard and must be five (5) feet from any side or rear yard lot line and no closer than twenty (20) feet to any habitable building, other than the resldent's own home, or less than two (2) feet from the alley if any alley exists; (d) Compostinq shall be conducted within an enclosed container(s) not to exceed a total of REGULAR COUNCIL MEETING SEPTEMBER 9, 1991 PAGE 14 one hundred (100) cubic feet in volume for city lots less than ten thousand (10,000) square feet, and five (5) feet high, the container(s) shall be of a durable material such as wood, block, or sturdy metal fencing material; (e) Sheet composting shall cover no more than .025 of the total area, and in no case exceed 500 square feet, must be in a back yard, and must have five (5) feet from any side or rear yard lot line. Sheet composting must be incorporated directly into the soil; and (f) None of the following materials shal be placed in the composting container(s): meat, bones, fat, oils, dairy products and other kitchen wastes, whole branches or logs, plastics, synthetic' fibers, human or pet wastes and diseased plants. 8.301 (7) Refuse or garbage for commercial and industrial properties shall be located to the rear property line of the building. Said containers shall be located immediately adjacent to the buildings which the containers serve. The location of the containers shall be in such proximity to the property that their appearance will not be evident from the street. (a) Where practical, said containers shall be screened by appropriate fencing and/or shrubbery. (b) Where is it physically impossible to place the containers behind the rear line of the main building, the containers shall be placed as inconspicuously as possible along the side or front of the building with appropriate screening or in such place as the Council may require. 8.301 (8) Major appliances are managed as a separate waste stream under Minnesota Statute 115A.9561. Major appliances are defined as: clothes washers and dryers, dishwashers, heaters, garbage disposals, trash conventional ovens, ranges and stoves, air hot water compactors, REGULAR COUNCIL MEETING SEPTEMBER 9, 1991 PAGE 15 conditioners, refrigerators, freezers, humidifiers, dehumidifiers and any other appliances specified in Minnesota Waste Management Act amendments. The City will establish a collection and disposal program for major appliances. Every household and every occupant or owner of any dwelling, house, boarding house, apartment buildings, or other structure utilized for dwelling purposes within the City of Columbia Heights must use the major appliance program made available by contract by the City of Columbia Heights. 8.301 (9) The presence of any garbage or rubbish on any property other than within a structure permitted by the Zoning Code within the City or in any container other than a container authorized by this section or in the presence of containers not conforming with the requirements of this section, except as specifically authorized by this section, shall constitute a public nuisance under this section and shall constitute an offense punishable under Section 8.301(9). 8.301 (10) Every household and every occupant or owner of any dwelling, house, boarding house, apartment building, or other structure utilized for dwelling purposes within the City must use the garbage and rubbish collection service as is made available by contract by the City of Columbia Heights and its designated garbage and rubbish hauler. 8.301 (11) Any person, firm or corporation who causes any violation of any provision of this section or who owns, maintains, or has a superior possessory interest in any estate where violations of the provisions of this section exist is guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than Seven Hundred Dollars ($700.00) or to imprisonment not to exceed ninety (90) days, or both, for each offense. Section 2~ This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: August 26, 1991 September 9, 1991 September 9, 1991 REGULAR COUNCIL MEETING SEPTEMBER 9, 1991 PAGE 16 Offered by: Seconded by: Roll call: Ruettimann Peterson All ayes Mayor Edward M. Carlson Jo-Anne Student, Council Secretary 7. COMMUNICATIONS a. Planning and Zoning Commission The minutes of the September 3, 1991 Planning and Zoning Commission meeting were in the agenda packet. All of the items for Council consideration were on the consent agenda. b. Traffic Commission The corrected minutes of the August 15, 1991 Traffic Commission meeting and the minutes of the September 4, 1991 Traffic Commission meeting were in the agenda packet. All of the items for Council consideration were on the consent agenda. 8. OLD BUSINESS Purchase of Pick Up With Service Body The City Manager requested this item be removed from the agenda as there was incorrect information in the backup material. Motion by Clerkin, second by Peterson to remove the matter of the purchase of a pick up with service body from the agenda. Roll call: All ayes 9. NEW BUSINESS a. Purchase and Installation of Coin-Operated, Public Use Copier at the Library The City Manager advised that there was $6,000 budgeted for this copier in the Library's 1991 budget. He noted that Wager's, who was the lowest bidder, had the least costly maintenance contract as well. Motion by Peterson, second by Ruettimann to authorize staff to purchase one Toshiba copier model BD-1710 (includes stand, currency acceptor coin-oD, and installation) fromWager's Inc. for the amount of $3,715 based on low written formal quotation; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: REGULAR COUNCIL MEETING SEPTEMBER 9, 1991 PAGE 17 All ayes b. Canvassing of Primary and General Election Motion by Nawrocki, second by Clerkin to schedule special council meetings on September 25, 1991 at 8:00 p.m. and November 6, 1991 at 6:30 p.m. to canvass the election results. Roll call: All ayes c. Rate Increase - Physical Examinations Motion by Peterson, second by Nawrocki to authorize the increase on fees charged for employee physical examinations performed by Dr. Gary Good from $25.00 to $40.00, effective immediately. Roll call: All ayes d. Change Order #1 - Water Main and Street Reconstruction, Project #8721, 38th Avenue Motion by Ruettimann, second by Peterson to approve Change Order #1 for Municipal Project #8721, water main and street reconstruction - 38th Avenue, 5th Street to Madison Place to W.B. Miller in the amount of $5,173 with $1,400 coming from the Sewer Fund, $1,400 coming from the Water Fund, and $2,373 coming from the PIR Fund. Roll call: All ayes e. Change Order #1 - Water Main Construction, Innsbruck Addition to Mathaire Addition, Project #9016 Motion by Ruettimann, second by Peterson to authorize Change Order #1 for Municipal Project #9016 amounting to an additional $2,300 to W.B. Miller for remobilization expenses; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes f. Award of Landscaping Contract for Various Projects The projects are Wargo Court, the landscape accident reconstruction on the eastside of 40th Avenue at Central, landscaping near the Police Department entrance at City Hall, and the landscaping near the Mill Street parking lot. Motion by Nawrocki, second by Reuttimann to authorize miscellaneous landscaping work for 1991 to Midwest Landscapes of Maple Grove, Minnesota for an amount of $13,122.36; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes g. Starting Rate for Engineering Technician III Motion by Nawrocki, second by Peterson to authorize staff to offer the position of Engineering Technician III to Michael Shaughnessy at the one year rate of $11.11 based on the experience of the individual. Roll call: All ayes REGULAR COUNCIL MEETING SEPTEMBER 9, 1991 PAGE 18 10. REPORTS a. Report of the City Manager The City Manager's report was submitted following items were discussed: in writing and the I. September 17th Informational Meeting: The City Manager advised there is an informational meeting scheduled for September 17th for property owners from Columbia Heights and Fridley to discuss the storm water project on 52nd Avenue. The meeting is being held at the Mathaire Park Building. 2. Problems from Recent Storm: The City Manager stated that no calls were received from residents regarding problems with water from the long rainfall this weekend. He also noted that there appeared to be no water-related problems at Murzyn Hall. 3. Council Work Session Dates: Motion by Ruetttmann, second by Nawrocki to establish Council work sessions for September 18, 1991 at 8:00 p.m. and September 19, 1991 at 8:00 p.m. Roll call: All ayes 4. Shared Ride Para-Transit: Counctlmember Nawrocki inquired if the specifications for the Shared Ride program had changed from recent years. He was advised there had been no change in the service specifications but there are new specifications for the expanded service. b. Report of the City Attorney The City Attorney had nothing to report. ADJOURNMENT Motion by Ruettimann0 second by Peterson to adjourn the meeting at 8:15 p.m.. Roll call: All ayes Ma~or Edward M. Carlson o-Anne Studen-t'7 Council Secretary This is a peti. tion tn h=vm the man m~d~ hill~,at Rovce Place Dev. reduced six to eight feet in height. It obstructs the view and beauty of the neighborhoods view. We were not ~iven adaquate time to voice our opinion. /~/ NAME ~,/ ADDRESS ' -- ..-".,Z--~ ~ /v