HomeMy WebLinkAboutOctober 29, 2001OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
SPECIAL MEETING
OCTOBER 29, 2001
The following are the minutes of a special meeting of the City Council held at 7:00 p.m. on Monday, October
29, 2001 in Conference Room 1, City Hall, 590 40th Avenue N.E., Columbia Heights, MN.
CALL TO ORDER
Called to order at 7:01 p.m.
ROLL CALL
Present: Mayor Peterson, Councilmember Szurek, Councilmember Wyckoff, Councilmember Williams, and
Councilmember Nawrocki,
PLEDGE OF ALLEGIANCE
DELETIONS TO MEETING AGENDA -none
CONSENT AGENDA
City Hall Roof Repair
Motion by Szurek, second by Wyckoff to award the bid to Omni Roofing, based upon their low,
qualified, responsible bid in the amount of $128, 590, with funds to be appropriated from the unexpended
fund balance of 2001, with $20,090 to be contingent upon review and determination of metal
replacement, and to authorize the Mayor and City Manager to enter into an agreement for the same.
Walt Fehst, City Manager, indicated this item is to ratify action taken at the last special City Council
meeting.
Upon vote: All ayes. Motion carried.
ITEMS FOR CONSIDERATION
Other Ordinances and Resolutions
1) First Reading of Ordinance #1443, being an Ordinance amending Ordinance No. 853, City Code of
1977 authorization to convey certain real estate located at 4656 Monroe Street
Peterson stated this Ordinance continues the process of the property sale at 4656 Monroe Street.
Fehst gave the background on removing County CDBG fund restrictions from this property. The
reason for lifting the restrictions was to allow for an upscale home to be built, rather than a starter
home. Bid requirements asked specific questions of the bidders, and the base bid requirement was
$33,000. Fehst read the intended scope of the bid. Bids were evaluated on the purchase price and the
value of the proposed home. Bidders were told that the highest bid would not necessarily be the
recommendation. Bidders were also told at the bid opening that bids would be considered at 6:30
p.m. at a City Council work session, and action could be taken at the Council meeting to follow. The
bid was awarded to Foss/Nedegaard Construction. The final estimated value of the home was
$225,000 and the property bid was $37,500. RAM Construction bid $53,000 on the property and
value of their proposed home was $180,000 with a lesser square footage than the Nedegaard
property. Fehst stated that the assessed value would have to be assured in the purchase agreement.
There must be two readings of this ordinance, with the second reading scheduled for Monday,
November 5th. Fehst stated that RAM Construction is represented at this meeting.
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Special Meeting Minutes
October 29, 2001
Page 2 of 4
Peterson asked if Council members had questions. Williams stated that his brother bid on this
property and did not include the value after all work was completed. Williams favored the
Nedegaard bid because of the total value of the property. Williams felt this was a very political issue.
Nawrocki indicated the procedure was subjective, not political. Mel Collova, Building Official,
stated that with his estimates, the Foss/Nedegaard bid would be valued at 20% more than any other
bid on the list. He stated this bid was more valuable to the city, long term.
Peterson asked the gentleman from RAM construction for his comments. Naresh RAM indicated the
square footage of his plan should have read 28,000 square feet and that the third car garage was to be
added at the time of building also. He stated he did not have enough time to have an architect to do
an exact plan. RAM indicated that he was told it would take a week or so for Council to make a
decision. Fehst indicated that bidders were informed at the bid opening that there was a work
session that evening and that a decision could be made at the Council meeting following the work
session. Ani RAM stated they were not invited to the Council meeting last Monday. RAM stated that
he really wanted the land, so he bid a very high price. He stated that the final value of their home
would be $238,000. Peterson referred to the bid questions. Ram indicated the home value was
$180,000 and the property was $53,000 and should have been added together for a total value.
Peterson referred to the attorney for comment.
Jim Hoeft, City Attorney, stated that the City has no affirmative obligation to indicate to an
individual the holding of a meeting, as all meetings are all open to the public. He stated that this was
really a request for proposal process, not a bid process. This allowed Council great latitude as to
what they want on the property. The higher bid for the lot was not what determined the choice. Also,
the timing of the project was a consideration. Hoeft stated that the process, consideration and
decision were not contrary to any ordinance or statute of the State. Nawrocki indicated that the
documents stated it was a bid proposal. Hoeft stated this is more familiarly called a Request for
Proposal. Nawrocki debated the issue.
RAM stating the wording of the bid did not talk about the style of the home. He referred to the
neighbor who purchased a lot from the City, and so he proposed a similar home that would fit in the
neighborhood. He again stated that the square footage was listed incorrectly. Collova stated that staff
used the information submitted with the bid.
Hoeft indicated that under item #2 Council was given the option to consider other items in the bid.
Staff was available at all times to answer questions. Williams stated there would be more lots
available for sale in the future. Ani RAM stated they have lived in Columbia Heights for six years
and researched the schools and wanted to live in this area, and felt Council should have waited one
more day to research the information. Fehst reiterated information given at the bid opening. Collova
stated that any change would have to allow everyone to re-bid. He stated that the county would not
value this lot at what RAM offered. Ani RAM stated that apparently everyone misunderstood the
information and this was not fair. RAM stated he would ask his lawyer if this was justice. RAM
disputed that the questions asked for the value of the home, not the property. Williams stated that in
the USA the final value of the home includes the lot. Tina Foss, recipient of the bid, stated that it
was everyone's responsibility to be clear about the requirements.
Peterson referred to the RAM plan indicating a two stall garage with a third stall added later. RAM
stated that if Council had questions, the process should have waited a day and called for the answers.
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Special Meeting Minutes
October 29, 2001
Page 3 of 4
RAM asked if the party that the bid had been awarded to had given a bond or personal check. Tim
Johnson, City Planner, stated it was a bid bond or certified check. Fehst stated bid bonds and plans
were to be kept for 30 days. Johnson stated RAM picked up his plans and bond on Friday.
Williams asked that the sale process not be handled this way again. Fehst stated it was proper, but
could include consideration of the price variance in five or ten years. Szurek commented regarding
RAM not having enough time to have plans drawn; the other bidders had completed plans. Johnson
stated there was approximately a 60 day notification. Collova stated that the plan from RAM was
backwards. Nawrocki indicated the plan was not part of the specifications. He stated that when
bidding, it is against specifications; and if a proposal, it is for plans. Fehst stated that this would be
noted, and next time not called a bid.
Nawrocki indicated he wants a "Findings of Fact" in writing, from the attorney, indicating that this is
a legally acceptable process. Peterson questioned when and how the lot would be paid for. Fehst
stated there would be a sales agreement. Nawrocki stated to be sure that past taxes were taken care
of, that the sales documents indicated the bid was from Nedegaard, and whom the homeowners
would be. Hoeft stated that the sales agreement has not yet been drafted, and would lock the owner
into an agreement for the size of house, and minimum home value for assessment.
Peterson asked if the sales agreement would be with the Foss's or Nedegaard? Hoeft stated it would
be best if it would be with the Foss' s.
Motion by Szurek, second by Williams, to waive the reading of Ordinance No. 1443, there being
ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Szurek, second by Williams, to estabfish November 5, 2001, at approximately 7:00p. m.
as the second reading of Ordinance ~1443, being an ordinance pertaining to the sale of City-owned
property at 4656 Monroe Street NE.
Upon vote: All ayes. Motion carried.
B)
Bid Considerations
1) Replacement of HVAC units at City Hall
Williams asked if the HVAC units need replacing. Collova stated that the units are twenty years old and
it would not be wise to put the old ones back on the roof after the new roof is in place. There will be
about a 30 percent energy savings with new units. Szurek asked if bids were on a Honeywell product or
any product they choose. Collova stated the product would be Carrier and there are four subtypes of this
product. He contacted the major licensed City contractors. Honeywell does not do installation and would
have subcontracted the work and charged $55,000. Five bids were received. Suburban had given a rough
bid at $28,000 and were not the low bid. Collova stated that Thermex had the low bid, and are well
known and reputable. These units are supplemental heat to the boilers. Honeywell will decrease the cost
of maintenance by $4,500 the first year and $2,000 each year of the six year contract, because of the new
units. Collova stated there would also be a $750 rebate from NSP. The bid is for Carrier units, with a
one year warranty on labor and five year warranty on parts. Collova felt the pay back estimate would be
four years, including the reduction in maintenance costs. Possible additional costs would be moving
pipes for the roofers. Peterson questioned the wiring options. Collova stated that if the wiring were all
replaced, it would be $700. Duct work may also have to be moved.
Wyckoff asked about the unexpended fund balance. Fehst stated that any purchases in the budget for the
remainder of this year might not be allowed. Wyckoff stated this was not fair to those who purchased
items at the beginning of the year. Nawrocki stated the mistake was not allowing for roof repairs in this
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Special Meeting Minutes
October 29, 2001
Page 4 of 4
year's budget. Fehst stated that we were trying to get by, and staff had the roof looked at many times
over the last five years. Collova stated the police department roof was repaired, on average, six times a
year.
Nawrocki stated his researched showed this price is probably about right. Fehst stated Honeywell
admitted they could not compete with new equipment costs, and that their area of expertise is
maintenance. Nawrocki asked that other companies be looked at for the maintenance contract. Fehst
stated that staff is discussing this.
Motion by Williams, second by Szurek, to award replacement of HVgC unit; at City Hall to Thermex
Corporation, based upon their qualified, responsible bid in the amount of $24, 700. 00, with funds to be
appropriated from the unexpended fund balance of 2001, and to authorize the Mayor and City Manager
to enter into an agreement for the same.
Nawrocki stated he wants to see periodic reports on what budget spending is not approved and how the
necessary cuts are being met.
Upon vote: All ayes. Motion carried.
MISCELLANEOUS
Collova explained a request from the resident at 4522 6th Street to put up a carport. He issued this person
a permit until May 1, 2002. The resident wanted to leave up temporary structure for a year and a half, so
Collova revoked the permit. Another carport on 52nd is made from 2 x 2 studs. He asked if Council
would back him requiring a permanent structure. Collova stated he required a conditional use permit for
a carport request in Hilltop. Collova stated a temporary structure could be limited to 30 or 60 days.
Nawrocki stated he looked at the property and described the situation. Peterson asked if it is within the
square footage allowed on the lot. Nawrocki stated it is aesthetically not very pleasing. Peterson
questioned the City's liability if the structure collapsed. Fehst questioned carports being allowed.
Collova stated they are not addressed in the code.
Fehst thanked Mel Collova for his work on the HVAC bids.
ADJOURNMENT
Mayor Peterson adjourned the meeting at 8:30 p.m.
Patricia Muscovitz, Deputy City Clerk