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HomeMy WebLinkAboutDec 13, 1976OFFICIAL PROCEEDINGS REGULAR MEETING OF THE CITY COUNCIL CITY OF COLUMBIA HEIGHTS DECEMBER 13, 1976 The meeting was called to order at 8:08 p.m. Roll Call: Logacz, Heintz, Norberg, Hentges, Nawrocki--present. Motion by Heintz, Seconded by Hentges to name Vicki Maternowsky Secretary Pro-Tem for the meeting. Roll Call: All Ayes Invocation was given by City Manager Watson. MINUTES OF PREVIOUS MEETI~tGS Motion by Norberg, Seconded by Hentges to approve the minutes of October 25, 1976 with corrections as noted, and the special meeting of November 8, 1976 as presented in writing and the reading be dispensed with. Roll Call: All Ayes PAYMENT OF BILLS Motion by Logacz, Seconded by Hei~ntz to pay the bills as listed out of their proper funds. Councilman Hentges felt that bill number 19372 to All-American Recreation & Sales should be withheld as they did not fulfill their obligation in finishing the work on time. Mr. Watson explained that the unavailability of the timber by their supplier caused the delay in finishing the job. Mayor Nawrocki felt that in all fairness, they should be paid since they were very cooperative as far as changing the location of the ramps. Brief discussion held on payment to Hardrives, Inc. for their portion of the Jefferson Street slope. Councilman Norberg questioned bills 19209 and 19210. He wondered why these two subsidies for Dutch Elm were going to the same individual. Watson replied that they were for two separate trees. Mr. Roll Call on Motion: All Ayes PRESENTATION OF BICENTENNIAL AWARDS Mayor Nawrocki thanked the members of the Bicentennial Committee for the fine work they did on the Bicentennial program. He presented Bob Nelson with a plaque for his work as chairman, and certificates of appreciation were presented to each member of the Committee. December 1:3, 1976 BIDS ON FOAM GENERATOP. At the informal session, Don Jolly, Sewer and Water Superintendent pre- senl:ed a report and film on the problem of roots in the sewers amd on how they can be alleviated with the use of a foam generator. He also reported on ~:he proposals received for the purchase of a foam generator. As a result of this presentation, the Council agreed that this piece of equip- men1: would be a worthwhile purchase. Three proposa]s were received on the generator. They were from the W. O. dacques Company (Des Moines, Iowa) in the amount of $2,U50.00, Airrigation En~ineerin9 Company (Carmel Va]]ey, California) in the amount of $2,850.00 and Michigan Sewer Supply (Elsie, Hichigan) in the amount of $2,900.00. Councilman Norber9 asked which supplier would this be awarded to since there are two bidders bidding the exact same item for the exact same price? The attorney stated that in a case like this, the award could be based on fact:ors such as past experience, closest locality, reputation, etc. Brief discussion held on letter from Metro Sanitary District Commission re§arding permission to use Vaporooter in the sewers. Discussion held on purchasing chemicals and accessories for use with the gene. rator, Motion by Hentges, Seconded by Logacz to purchase one Foamaker Generator in the amount of $2,850.00, $700.00 worth of accessories, and 2Lt gallons of the Sanafoam Vaporooter chemical at $25.00 per gallon from the W. Jacques Company based on the geographical ly closest, lowest responsible bidder, and the Mayor and City Manager be authorized to enter into contract for same. Roll Call: All Ayes BIDS, ON PLAYGROUND EO. UIPi'4ENT The Park Board recommended that the bid on playground equipment be awarded to the low responsible bidder, Hame]e and Associates, in the amount of $2,50].60. The actual low bidder, Ear] F. Anderson, did not have four inch hand rails on each side of the sliding chute and therefore did not meet the specifications. Motion by Heintz, Seconded by Norberg to award the bid for playground equipment to Hamele and Associates, the Iow responsible bidder, since the actual low bidder did not meet specifications in the amount of $2,501.60, and the Mayor and City Manager be authorized to enter into contract for same. Roll Call: All Ayes BIDS ON CUSTODIAL SERVICES Tim Yantos reported that four bids were submitted for custodial services for the administration building, library, and service center. It was recommended that award be made to the low bidder, Jim's Building Maintenance, December 13, 1976 in the amount of $795.00 per month. They did however submit a personal check as bid security which is an irregularity according to the specifi- cations. Maintenance Experts, the present cleaning service, bid $800.00 a month. Councilman Hentges questioned whether a personal check is valid or not. Brief discussion held. Councilman Hentges felt that their bid should be ruled out based on improper bid security. The attorney stated that Jim's Building Maintenance bid could legally be disqualified as they did not submit the certified check that was clearly asked for in the specifications. Motion by Hentges, Seconded by Heintz that the custodial services be awarded to Maintenance Experts based on low responsible bid for $800.00 per month since the bid of Jim's Building Maintenance did not include a certified check or bid bond as required by the specifications, and the Mayor and City Manager be authorized to enter into contract for same. Roll Call: All Ayes BIDS ON STREET NAME SIGN BLADES AND HARDWARE Mr. Watson explained that as a result of the three quotations received for extruded blades and hardware, it was his recommendation that the bid be awarded to the low bidder, Hall Signs, Inc. Motion by Logacz, seconded by Heintz that the bid for street name sign extruded blades and hardware be awarded to Hall Signs, Inc. in the amount of $1,039.26 based on low competitive bid, and the Mayor and City Manager be authorized to enter into contract for same. Roll Call: All Ayes HEARING ON 4000-4002 CENTRAL AVENUE The City Attorney reported that the purpose of this hearing was to deter- mine what is to be done to the above stated building which had been previously determined to be hazardous by the Building Inspector. He further explained that under the Hazardous Building Act, the Council could either order the repair or demolition of the building based on the findings presented at the hearing. John T. Chudek, one of the owners, stated that his main concern is to allow enough time for his tenants to move out should it be ordered that the building be demolished. Mr. Joe Suderman, spokesman for Mr. Chudek, stated that neither of the owners had any objection to demolishing the building as repairing the building would cost more than its value. He stated the building could be removed by February, 1977. Discussion held on the length of time that should be allowed for removal of the building. The Building Inspector stated he would like to give them 60 days as he could not guarantee the building would hold for three months. Both Mr. Chudek and the Building Inspector stated they would be comfortable with a February 28, 1977 deadline. Councilman Norberg felt that the amount of time is immaterial if the building is unsafe. December I3, 1977 At this time, the Bui lding Inspector reported on his findings of the condition of the building. Discussion held on the City being held responsible should something happen to someone or something during the length of t'ime allowed for removal of the building. The attorney stated that should the Council adopt the findings-of-fact and order as presented by the Building Inspector, the amount cf days for rer~oval or repair should be decided. Based on the discussions held~ the attorney recommended that 75 days be given in which to either demolish or make the necessary repairs. Councilman Norberg questioned granting the option of abatting the hazard within a shorter time. He suggested that 20 days be allowed to bring the structure to a reasonably safe condition prior to either making all repairs or demolishing it. Discussion held. Mr. Suderman stated that to make repairs and then demolish the building would not be economically practical. If :that were the case, he would rather see a shorter time period. Mr. Suderman brought up the fact that the liability insurance on the building would expire on January 1, 1977. Undoubted]y, if the building is still standing, the owners would probably have to carry risk insurance. Therefore, it would be better if the building was removed prior to that date. The attorney stated that this could have a bearing on the number of days allowed since the City cannot require the owners to carry liability; the:/ can only require razing the building. '~/ith this in mind, the attorney recommended that the original recommendation of 75 days be shortened to 30 days with the extension to 75 days provided liability insurance is obtained. Motion by Hentges, Seconded by Logacz that the findings-of-fact, conclusions, and order as presented to the City Council by the Building Inspector and City Attorney be adopted with the condition that the time for compliance is 30 days with an extension to 75 days provide, d the owners can furnish evidence of premise liability insurance in the amount of $100,000 per person, $300,000 per occurrence, and $10,000 property damage. Roll Call: A11 Ayes REQUEST TO MOVE SCHWARTZ HOUSE TO 2122 45TH AVENUE N.E. Mr. ~Vatson reported that the Planning and Zoning Commission approved the relocation of the Schwartz house to 2122 45th Avenue. However, Mr. Mecl has. asked that he be able to withdraw his bid as he has now found that the actual costs of moving the house would be about $39,$92.00. At the time he submitted his bid he had not received all the information from the oth:er contractors that would be involved in the moving. Mr. Hecl further exp]!ained the circumstances surrounding his bid. Councilman Hentges questioned the amount of his bid security. His bid sec:urity was in the amount of $119.00. He felt that since a mistake was made, the City should secure his bid security and allow him to withdraw his bid. To take any more money would not be fair. December 13, 1976 Motion by Hentges, Seconded by Heintz that Mr. Mecl be authorized to withdraw his bid for moving the Schwartz house upon forfeiture of the bid security. Councilman Norberg noted that should the motion pass, the City is ahead by $119.00, but is not rid of the house. Mayor Nawrocki stated that the City is not ahead by $119.00 as there are costs in advertising, etc. involved. In addition, Mr Mecl had the option of doing nothing, in which case the City would iin. cu, r~ more costs if the City chose to take legal action in forcing him to perform on his bid. He felt that Mr. Mecl sub- mitted his bid in good faith based on the verbal quotes he received from other bidders. Mayor Nawrocki further noted that had Mr. Mecl not sub- mitted a bid, the City would have had no bidders. Not only would t~he City have no one to move the house, but would also be out the advertising costs. With this motion, Mr. Mecl is in effect paying the costs for the bidding process. Councilman Norberg noted that in a matter such as this, 5% bid security is quite inadequate. He suggested that in the future ~it be 10% or 15% so as to make the bidders more serious about their bid. Councilman Logacz stated that since this is something that rarely occurs, and since it seems that he was sincere about it, the City should show some compassion in this situation. Councilman Norberg again suggested that on a rare project such as this, a larger bid security be used. Roll Call on Motion: Logacz, Heintz, Hentges, Nawrocki - Aye Norberg - Abstain Motion Carries HEARING AT 4000-4002 CENTRAL AVENUE N.E. Mr. Myron Schnickels, owner of Myron's Cafe at 4000 Central, arrived to voice his opinion on the above item. Mayor Nawrocki reiterated on the discussion and action taken by the Council regarding the repair or removal of the buildings. He asked Mr. Schnickels if he had the proper premise liability insurance which would extend the removal to 75 days. Mr. Schnickels reported that his insurance covers the restaurant area but not the structure itself. Motion by Hentges, Seconded by Heintz to reconsider the order of the prop- erty at 4000-4002 Central Avenue N.E. Roll Call: All Ayes Mr. Schnickels questioned whether or not the building is or is not struc- turally sound. He felt that maybe the opinion of a qualified structural engineer be considered along with the Building Inspector's. Lengthy discussion held on the advantages and disadvantages of the owners engaging in services of a structural engineer. Lengthy discussion held on the amount of days ordered for the repair/removal of the building. Mr. Schnickels argued that 75 days is not enough time for him to relocate and would like to see it extended so as to keep him from December 13, 1S76 possibly going out of business. It was pointed out that the Council's dec[sion was not based on the interests of the owners, but rather was based on its safety to the general public. To allow an extension on the time with insurance would be possible if additional evidence on its safety was presented from someone such as ~ structural engineer. Motion by Norberg, Seconded by Hentges to close the hearing with no further action. Roll Call: All Ayes BIDS ON TRUCK-VAN COMMUNITY SERVICES OFFICER Mr. Watson reported that three bids were received. The Chief of Police recommended that the award be made to Metro Dodge in the amount of $5,529.25 This recommendation was based on the. ability to deliver the vehi'cle in 70 days. The other bidders were slightly lower, but the delivery date was between 90 and 150 days. The Chief reported that since the City is planning on providing its owr~ animal control service and since our contract with MAPSI expires during February, 1977, it is important that the City acquire a vehicte as soon as possible. With regard to this, Councilman Norberg asked if there was a continuation clause in the contract. It was reported that there was not. Brief discussion on budgeting of this vehicle and its high price over what was estimated, Lengthy discussion held on the duties of the proposed Community Services Officer in relationship to the amount of time available to him for animal control. Discussion held on the possibility of using the: van in other departments should the City decide not to 9o into the animal control service business or find that after a year or so it would be far better to contract this service to someone else. Based on the many questions regarding the duties of the Community Services Offi'cer, it was thought that this purchase should be tabled for further i n format ion. Hotion by Hentges, Seconded by Norberg to table: further consideration of the bids until the next regular meeting. Roll Call: All Ayes It was suggested that a breakdown of duties of the Community Services Officer be provided at the next meeting in conjunction with these bids. RE~:UEST CONSIDERATION OF VOLUNTEER PEfISIOH PROGRAM CHANGES Mr. Watson gave an account of the two different proposed pension plans as shown on the summary sheet which was prepared by Hewitt & Associates. Mayor Nawrocki stated that he was very disappointed in the report inso- much as it didn't answer the questions previously asked by the Mayor and Manager. Lengthy discussion held on the summary sheet. December 13, 1976 Volunteer members present at the meeting were also very disappointed in the report. They felt it was merely an updated version of what they had a year ago. Based on the lack of information received and the inability t.o properly explain the summary sheet, Mayor Nawrocki directed the City Manager to see what more information is available from Hewitt and to set up an informal meeting with the Volunteers, the Council and Hewitt. It was decided that the meeting would be at 5 p.m., Friday, December 17, 1976. If no additional information is available by that time, then the meeting will be rescheduled. RECESS AT 11:18 p.m. RECONVENE AT 11:3~ p.m. INFORMAL QUOTATIONS FOR SCANNERS RATHER THAN PAGERS FOR COMMUNICATIONS Mr. Watson reported that as a result of Chief Johnson's investigation into the various types of communications, he requested the City purchase 35 scanners instead of pagers as previously approved. The scanners would give a better coverage at a lower cost. Chief Johnson gave a summary of present and anticipated manpower for 1976 and 1977. He further reported that the City presently owns two scanners and three scanners are privately owned. He recommended that in order for the Fire Department to have control of the scanners, the City purchase the three privately owned scanners. He then went on to explain the quotations received for the proposed Fanon High Band Portable Scanner. Of the four, Action Radio Center had the lowest price of $125.00 per scanner with a one year warranty. This price included the scanner, four crystals, charger- converter, battery pack, case, and rubber antenna. For $5.00 more per unit there would be an additional nine month warranty which would bring the price of each scanner to $130.OO. He also recommended the purchase of 40 conver- ters with plug installed from the same company at $~.75 each. Chief Johnson explained the principles and procedures of the scanners. Lengthy discussion held on its operations and its advantages. Councilman Norberg stated that by having the County turn all calls around, it seems that the City is paying a penalty. Mayor Nawrocki at this time went over the purchase recommendations which were 38 new scanners at $130.OO each, purchasing the 3 privately owned scanners at $125.O0 each, purchasing 8 s~are battery packs at $6.00 each, purchasing 40 antenna converters at $8.75 each and converting ~he home.~monitors to a 154.280 frequency for approximately $1,OOO.OO for a total requested purchase of $6,713.OO. Mayor Nawrocki asked about the purpose of the antenna converter. Chief Johnson reported that it is a device that enables the scanner to be con- nected to the car antenna of an AM radio. December 13, 1976 Mayor Nawrocki asked the City Attorney if there were any problems with thi".s kind of purchase, such as buying these itc. ms separately. The Attorney stated that he saw no reason why these couldn't be handled as separate iten'..s and thereby bringing the purchase to under $5;000.00. Motion by Heintz, Seconded by Hentges to authorize the purchase of 38 portable scanning radios in the amount of $4,940.00 from Action Radio Center on the basis of low informal competitive bids and the Mayor and Cit:,/ Hanager be authorized to enter into contract for same. Councilman Norberg asked how many more scanners might possibly be needed. Chief Johnson stated three at the most if it is not possible to buy the three privately owned scanners. Roll Call on Motion: Logacz, Heintz, Hentges, Nawrocki - Aye Norberg - Nay Motion carries Councilman Norberg felt that this was an evasion of the bid limits. CONDITIONAL USE PERMIT FOP, SNACK BAR OR VENDING MACHINE--3919 CENTRAL AVENUE Mr. Watson reported that this item from the Planning and Zoning Commission for a conditional use permit For a vending machine or snack bar was recommended. The Building Inspector reported that there was no problem with parking, and that he will have to provide restrooms and meet the fire code. He is planning on using 2/3 of the building. The: owner of the proposed tennis club explained what wou~d be included. There would be ten table tennis tables, possibly two pool tables (mainly for the people waiting to use the tennis tables), a snack bar, and a retail area for the purpose of selling equipment and clothing. With regard to the snack bar, he would like to sell candy~ pop, coffee, Stewart sandwiches, rolls, and donuts and would like a cigarette machine. Member- ships would be so,ld but it would also be open to the public. Tournaments would be held from time to time. He further explained the operations of two other table tennis clubs in the t-tinneapo]is area. Councilman Heintz stated there would be a problem with the pool tables as they have to be a certain distance from a church or school. The owner stated that these pool tables would not be necessary. The owner confirmed that this club would not be a place for the young people to "hang out'l at since this is a very competitive sport and the peoFle who come to play take the sport very seriously. Mayor Nawrocki reported on a letter received by Chester Nady voicing his concern for this becoming another "hangout" or amusement center for the young. The owner did confirm that no pin ball machines would be put in as they are a distraction to the players. December 13, 1976 Mention was made that there would have to be a smoking and nonsmoking area. Councilman Hentges questioned the installation of showers. The owner stated that this would be a part of his negotiations with Balackey and would be put in as a matter of convenience for the players as table tennis is an exerting activity. Motion by Logacz, Seconded by Norberg that the conditional use permit for cigarette machine and restaurant license be approved as recommended by the Planning and Zoning Commission. Roll Call: Logacz, Heintz, Nor- berg, Nawrocki Aye Hentges - Nay Motion Carries. CROSSWALK SIGNING AT 46½ AVENUE AND JEFFERSON STREET Motion by Norberg, Seconded by Hentges that the crosswalk plan as recom- mended by the Traffic Commission be approved for 46½ Avenue and Jefferson Street. Roll Call: All Ayes NO U-TURN SIGNING AT 46TH AVENUE AND 47TH AVENUE ON JEFFERSON STREET Motion by Norberg, Seconded by Heintz that No U-Turn Signing at 46th Avenue and 47th Avenue on Jefferson Sltreet be installed as recommended by the Traffic Commission. It was pointed out that the Commission in accordance with the Council's request did invite residents to attend the meeting for consideration of this item. Roll Call on Motion: All Ayes LICENSES At this time, the City Manager recommended consideration of the~licenses. Motion by Logacz that the licenses be approved as presented in writing. Motion dies for lack of a second. Brief discussion held on the transfer of the 500 Club license from Mrs. Pastuszak to her son who lives at 2531 7th Street in Minneapolis. Motion by Norberg, Seconded by Heintz that the licenses be granted upon payment of proper fees with the exception of the on and off sale beer license for the 500 Club at 500 40th Avenue on the basis that the appli- cant is not a resident of the community as required by the ordinance. Roll Call: All Ayes RESOLUTION REALIGNING PRECINCTS Brief discussion on the proposed changes for the precincts. December 13, 1976 Motion by Norberg, Seconded by Hentges that further consideration of the resolution realigning precincts be tabled until the next regular meeting. Roll Call: All Ayes Motion by Norberg, Seconded by Hentges that the meeting be recessed until 8 p.m., Tuesday, December 1L~, 1976 and that the remaining agenda items be considered at that tirne. Roll Call: A. 1] Ayes The meeting was recessed at 12:Li5 a.m. Bruce G. Nawrocki, ~.ayor /,",,' i.Z'_;i.'., "~'z., Secretary Pro-Tern