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HomeMy WebLinkAboutOct 13, 1986 OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL {~EGULA~ COUNCIL MEETING CTgBER 13, 1986 The meeting was called to order by Mayor Nawrocki at 7:30 p.m.. 1. Roll Call Paulson, Petkoff, Carlson, Peterson, Nawrocki - present 2. Invocation The Invocation was offered by Reverend Karl Smith of Oak Hill Baptist Church. 3. Minutes of Previous Meetings Motion by Petkoff, second by Paulson to approve the minutes of the Regular Council Meeting of September 22nd; the Budget Hearing of September 25th; the Special Council Meeting of September 25th; the Public Hearing for Transfer of Stock - Cable Com- munications of September 29th; and the Special Meeting of September 29th, as pre- sented in writing and that the reading be dispensed with. There were no corrections. Roll call: All ayes 3a. Continuation of Public Hearing for Cable System Transfer Don Richards, a financial consultant, reviewed his analysis of the financial quali- fications of North Central Cable Communications Corporation who is the proposed buyer of 84% of the stock of Group W Cable of.Columbia Heights/Hilltop, Inc.. Richards advised the Council that there are four areas of consideration regarding this transfer: I) If North Central has the financial projections they have stated corporation appears responsible; 2) The penetration projection suggested by North Central is questionable; 3) If the penetration is not reached there could be some financial difficulties, and, 4) If there are financial difficulties some modi- fications would have to be made to the franchise and these changes would come before the City Council for its consideration. Gary Matz, legal counsel to the City on matters regarding cable television, reviewed his memo which addressed the options open to the Council in dealing with the pro- posed change in ownership. Matz recommended approval of the transfer with the following conditions: i. A guaranty from North Central 2. A full reimbursement to the City for all expenses incurred by the City 3. Receipt of a certificate from an officer of North Central stating: a. The officer has read and understands the financial proformas (hereinafter "Business Plan") of North Central submitted to the City b. The Business Plan has been prepared in good faith and represents manage- ment's professional judgement of the future performance of North Central, and, c. The Business Plan, based upon management's professional judgement, is reasonable and achieveable in light of the marketplace. James Erickson, legal counsel to North Central, responded to some of the statements made by Matz and Richards. He felt that some of their positions on certain issues were professional differences and would not affect the transfer. Mayor Nawrocki stated he viewed this procedure as more from the standpoint of brokerage for the owners than from the standpoint of service to the subscribers. He noted that local government has seen its control over franchise changes severely diminished since cable television law changes by the federal government. Councilmember Paulson requested~ information regarding a letter from North Central which would state when the moratorium on changes in the franchise would commence. Motion by Petkoff, second by Paulson to close the public hearing and to direct staff Regular Council Meeting October 13, 1986 page 2 to prepare a resolution for the Council's approval of the transfer and change of ownership of Group W Cable, such resolution to include the recommendations of Gary Matz as stated in his memo dated October 9, 1986. Roll call: All ayes Mayor Nawrocki introduced Carol Adelmann, the newly appointed Editor of the Northeaster newspaper and~welcomed her to City Hall. Communications a. Planning and Zoning Commission Conditional Use Permit, Robert and Joyce Davidson, 726/730 40th Avenue Mr. & Mrs. Davidson are requesting a conditional use permit to operate a printing business at 726/730 40th Avenue which is allowed in this Limited Business Zone. The Planning and Zoning Commission recommended approval of this permit provided the concrete area on the boulevard east of the building on the west side of Quincy was converted to a green area. Mr. Davidson felt the Planning and Zoning Commission did not require removal of the concrete on the east side of the building but rather just the installation of a green area. Councilmember Peterson and the Building Inspector stated it had been the intention of the Commission that the concrete be removed and no parking spaces be marked for this space. Councilmember Carlson felt the parking could be left in this area. The Building Inspector noted these parking spaces are on the right-of-way and were not permitted by ordinance ~I~otion by Petkoff, second by Paulson to approve the conditional use permit for 26/730 40th Avenue provided the concrete parking area on the east side of the building on the right of way be eliminated and that the green area be installed no later than June 30, 1987. Roll call: All ayes b. Traffic Commission 1. Parking Limitation on West Side of Central Avenue, 39th Avenue.to North Property Line of 3932 Central Avenue Motion by Petkoff, second by Peterson to extend the parking limit from one hour to two hours on the west side of Central Avenue beginning at a point 176' north of the north right-of-way of 39th Avenue and Central Avenue, and continuing north to a point 476' from the north right-of-way of 39th Avenue based on a recommendation received from the Traffic Commission. Roll call: All ayes 2. Stop Sign at 41st Avenue and Second Street Motion by Carlson, second by Peterson to remove the stop sign located on the north- east corner of the intersection of 41st Avenue and Second Street, based on a recom- mendation received from the Traffic Commission. Roll call: All ayes 3. Petition for Public Hearing - Street Opening and Other Roadway Improvements for Cleveland Street Between 42nd and 43rd Avenues A petition requesting a public hearing regarding the improvement of Cleveland Street between 42nd and 43rd Avenues was received by staff. It was signed by four non-resident property owners. Two resident property owners stated they were against this improve-, ment and felt the interior lots adjacent to this roadway may not be buildable and pumping station would probably be necessary if these parcels were developed. Council- member Petkoff observed that the non-resident property owners were supportive of this improvement and the resident property owners were not. The City Manager noted that if a public hearing were scheduled there would-be a considerable amount of staff time needed to prepare for it. Discussion followed with the developer regarding what was necessary to schedule a public hearing. The developer also advised the Regular Council Meeting October 13, 1986 page 3 Council he had submitted two petitions to the staff at HRA and only one was included in the Council's agenda packet. The City Manager read the second petition which was requesting the improvement. Motion by Carlson, second by Paulson to table this matter. Roll call: All ayes Request for Temporary Signage for Grand Opening at All Pets Animal Hospital Motion by Carlson, second by Paulson to authorize the display of a grand opening banner, flags, a spotlight, and balloons at the All Pets Animal Hospital, 5100 Central Avenue; however, such permit shall not exceed five consecutive calendar days. Roll call: All ayes Proposal to Purchase Property at Maiden Lane A purchase agreement was received from John Doyle, President of Trudel Corporation, seeking the purchase of City-owned property at the intersection of Maiden Lane and Heights Drive. The Building Inspector felt this structure proposed for this parcel would be very tight. Mayor Nawrocki felt that this parcel had been studied previously and had been deemed as having poor soil conditions. The City Engineer had viewed it and felt it had been rather swampy. He also noted that there are no sewer or water services to the parcel. The City Manager was not recommending acceptance of this offer as there were many contingencies in the agreement which would not be favorable to the City. The buyer stated he could rework the financing so the agreement would be more acceptable and he lso said he will have some soil borings done to determine the buildability of the he City Manager was instructed to have an appraisal done using the builder's soil boring test results. The City Attorney noted that City-owned property is sold by ordinance and if this parcel is sold it probably would not be official until Decem- ber. Motion by Petkoff, second by Paulson to table this item for additional information. Roll call: All ayes Award of Bid - Rubbish Hauling Contract The City received three bids for the rubbish hauling contract, two bids included rate quotations and the third indicated no bid. The City Manager felt the single family home and the multiple dwelling rates in the bid should be discussed by the Council at a work session. Mayor Nawrocki inquired what cities were surveyed for comparison of rates. He was advised that no survey had been conducted. A representative of Waste Management- Blaine gave the Council some of the rates from other cities his company serves. Landfill rates were discussed. Mayor Nawrocki felt the City Council should be given comparable rates with other cities before making an award of the bid. Motion by Peterson, second by Carlson to award the City's refuse service contract for the period of December 1, 1986, through December 4, 1988, to Waste Management of Blaine based upon a total estimated contract of $1,111,298, representing an estimated monthly cost for residential/multiple dwelling service of $44,661 and recycling cost for the two-year contract period of $39,434; based upon low, formal bid; and, furthermore, that the Mayor and City Manager be authorized to execute an agreement for same. Roll call: Paulson, Petkoff, Carlson, Peterson ye Nawrocki - abstain Regular Council Meeting October 13, 1986 page 4 Oral Petitions John Fearon, 3928 Johnson Street, expressed his concern with the grade in his front yard since the street reconstruction has begun. He had understood at the public hearing for this reconstruction project that the street wouldn't drop. The Public Works Director advised the Council that the street has settled approximately one foot on the south property'line of Mr. Fearon's yard and near his retaining wall. Mr. Fearon stated that his lot is quite large and he grooms the grass on a riding lawn mower. With the settling of the street it is not possible to cut his grass on this type of mower. He said it would cost approximately $1,7OO to excavate and sod this area to return it to its previous state. He felt if this has to be done it should be included in the project costs and not have to be his personal expense. Mayor Nawrocki noted that the intent of a project is to improve not to worsen an area. The Mayor requested that each of the councilmembers look at this situation and convey their feelings and opinions on it to the Public Works Director. RECESS: 10:30 p.m. RECONVENE: 10:50 p.m. Ordinances and Resolutions Resolution No. 86-61 The City Manager distributed material regarding details of adjustments to the budget and a memo from the Finance Director regarding the PIR Special Assessment Fund. He also explained the overruns in the City Manager's and Finance Department's udget. otion by Petkoff, second by Paulson to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION NO. 86-61 ADJUST 1985 BUDGET TO PROJECTED ANNUAL BUDGET WHEREAS, the City Council of the City of Columbia Heights has reviewed the projected annual 1985 expenses in conjunction with the 1986 Budget, and, WHEREAS, the City Treasurer has reviewed each General Fund object classification after passing of the bills approved by Council on December 23, 1985 and allowing for year end accruals, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the following departmental budgets be increased or decreased as needed. Mayor/Council $ ( 2,672) City Manager 37,392 Finance Clerk 32,982 Elections 10,616 Assessing 13,943 Legal ( 9,177) Planning 461 Regular Council Meeting October 13, 1986 page 5 General Government Police Fire Protective Inspections Civil Defense Animal Control Engineering Street Maintenance Street Lighting Traffic Signs & Signals Tree Trimming & Removal Weed Control Library Parks Transfers Decrease Contingency 3,401 64,030 ( 2,472) ( 8,099) (12,183) ( 1~340) 9.575 ( 8~975) ( 5 193) (14.679) 5 168 ( 6 158) 2.396 26.376 (' 7 197) $ (1 128,195) Passed this 13th day of October, 1986. Offered by: Petkoff Seconded by: Paulson Roll call: All ayes Mayor Bruce G. Nawrocki Jo-Anne Student, Council Secretary Old and New Business a. Old Business I. Murzyn Hall - Replacement of Door Knobs with Handicap Levers Motion by Petkoff, second by Peterson to authorize the purchase of door handles and levers, including lock cylinders from Security Control Systems, Inc. for an amount not to exceed $4,787, based upon iow, informal quotation; and, further- more, that the Mayor and City Manager be authorized to execute a contract for same. Roll call: Paulson, Petkoff, Carlson, Peterson - aye Nawrocki - nay b. New Business I. Authorization to Seek Bids a. 1987 Shared Ride Program Motion by Petkoff, second by Paulson that the City Manager be authorized to seek bids for the Shared Ride Program for calendar year 1987 with the awarding of such bids to be presented to the Council on November 10, 1986. Roll call: All ayes b. Purchase of Playground Equipment Motion by Petkoff, second by Paulson that the City Manager be authorized to seek bids for playground equipment. This equipment is proposed for LaBelle Park and has been included in the budget. Roll call: All ayes RegUlar Council Meeting October 13, 1986 page 6 2. Maintenance Coating on Service Center Floor The Public Works Director gave a lengthy explanation regarding the condition of the Municipal Service Center floor and reviewed possible options for repair of the floor for Council consideration. One proposal has been received for testing the floor by the Public Works Director. Motion by Peterson, second' by Carlson to authorize.the Mayor and City Manager to enter into an agreement with GME Consultants, Inc. for the purpose of doing an engineering test of the structural floor slab of the Municipal Service Center with the understanding that staff will pursue other proposals and if a better one is found that it will come back to the City Council. Roll call: All ayes Motion by Carlson, second by Paulson to authorize the ~loor patching and floor coating of the Municipal Service Center by Florock Northwest, Inc. at a cost not to exceed $5,980.15 based upon, low, informal quotation, and, furthermore, that the City Council recognizes this purchase as a proprietary item and that the Mayor and City Manager will be authorized to execute an contract for same. It was ~nderstood that this contract will not be entered into until the consultant's report has been completed. Roll call: All ayes 3. Change Orders - Murzyn Hall Addition and Renovation a. G-15 Booster Water Heater for the Dishwasher Motion by Carlson, second by Petkoff to authorize the Mayor and City Manager to execute Change Order G-15 for Antco Construction Company in the amount of $784.49. 1 call: All ayes b. G-16 Brass Rail Along the Back Edge of Mezzanine Railing The Public Works Director had recommended that this change order not be undertaken as he can have the city crews do the work With less labor charges and he preferred a different dimension rail. Motion by Petkoff, second by Peterson to authorize the City Manager to advise the City's architect that Change Order G-16 will not be undertaken as part of the Murzyn Hall Addition and Renovation Project, but rather will be installed at a later date by the City. Roll call: All ayes c. M-10 Floor Drains, Waste Hook-up and Building Permit When the beer coolers were installed floor drains were omitted and installed at the last part of the construction at a cost of $500.00. Waste hook-ups for drainboards in the bar area were not included in the contractors drawings. The cost of this item is $286.O0 The third part of this change order was for permit costs which had not been included in the mechanical orders to date. All three parts of this change order were discussed by the Council and staff. It was determined that the first part, that which dealt with the floor drains, was the only legitimate request for compensation and were not caused by a city error. Motion by Petkoff, second by Paulson to authorize the Mayor and City Manager to execute only that part of the change order which dealt with the floor drain instal- lation and reject the other parts of Change Order M-lO. Roll call: All ayes t. 1986 Annual Audit yor Nawrocki recommended this item be tabled until the next regular Council meeting so the Housing and Redevelopment Authority could select its auditor. Councilmember Peterson said the HRA is meeting tomorrow night and this matter will be discussed at that meeting. Motion by Petkoff, second by Paulson to table this item until the next regular Council meeting. Roll call: All ayes Regular Council Meeting October 13, 1986 page 7 5. Ratify Action of City Manager Authorizing Attendance of Assistant City Engineer at a Pavement Evaluation & Rehabilitation Seminar Motion by Carlson, second by Paulson to ratify the action of the City Manager autho- rizing the attendance of Kathy Young, Assistant City Engineer, at the Pavement Evalu- ation/Pavement Rehabilitation Seminar at the University of Wisconsin in Madison; and, furthermore, that the City reimburse for related expenses. Roll call: All ayes 6. Award of Contracts a. Liquor Store #3 Roofing The Building Inspector reviewed the bids received for this roof repair. He noted that some of the roofing contractors would offer no guarantee if only a portion of the roof were replaced but would offer a guarantee if the entire roof were replaced. Various types of roofing were discussed as were the warranties included. Motion by Carlson, second by Peterson to authorize reroofing at Liquor Store #3 by Dodge Roofing in the amount of $4,700; and, furthermore, that the Mayor and City Manager be authorized to execute a contract for same. Roll call: All ayes b. Installation of Overhead Doors at the Municipal Service Center Motion by Petkoff, second by Paulson to authorize the installation of garage doors at the Municipal Service Center by Crawford Door Sales Company of West St. Paul, Minnesota, in an amount not to exceed $8,723, based upon Iow, formal quotation; and, furthermore, that the Mayor and City Manager be authorized to execute an agreement for same. Roll call: All ayes ~. Authorization to Retain a Consulting Engineer to Conduct Tests Regarding Painting of the City's Water Tower Motion by Petkoff, second by Paulson that the Mayor and City Manager be authorized to enter into an agreement with Twin Cities Testing to inspect and certify that the tower painting contractor has met specifications in the amount of $1,375.O0 based on low, informal quotations received. Roll call: Ail ayes 8. Establish Date for Work Session Tuesday, October 21st at 8:00 p.m. is the date and time selected for a Council work session. Reports a. Report of the City Manager The City Manager's report was submitted in written form and the following items were discussed: 1. Driveway Problem at 4219 Stinson Boulevard and Property at 4231Stinson Boulevard: The property owner at 4231 Stinson Boulevard advised the City Manager he will be working on the area near the retaining wall between his property and that at 4219 Stinson Boulevard in the spring of next year. Staff has observed water flow in this area and noted that much of it has been directed away from the property at 4219 Stinson Boulevard. 2. Drainage and Construction Concerns Regarding Property at llOI Pierce Terrace: The City Engineer advised the Council the drainage as it has been proposed is very adequate if it works properly. He noted that if the underground drain pipes freeze problems will occur. The City Manager requested that the City Engineer get information regarding the layout of the drains from the contractor. The Mayor noted that the plans as approved should not be deviated from. The Building Inspector stated he felt another proposal for drainage was superior to the one approved. Regular Council Meeting October 13, 1986 page 8 Administrative Intern: The City Manager advised the Council he has hired an Administrative Intern to work in the City Manager's office. He will be ~orking twenty-five hours a week and his salary had been budgeted for. 5. First Lutheran Church - Parking Lot: The Council was advised that the problems previously being e~perienced with this project had been resolved. Ordinance No. 1135 and Proposed Amendments by Ordinance No. 1136: Ordinance No. 1136 was not read as it was determined that no amendments were necessary to Ordinance No. 1135. b. Report of the City Attorney The City Attorney advised the Council that the administrative law judge who had been charged with determining the disposition of the road south of Murzyn Hall across the Soo Line tracks has found that this road is a public street and recom- mends that the crossing by vehicles be allowed. Licenses Motion by Petkoff, second by Paulson to approved the license applications as listed upon payment of proper fees, and, that the fee for the Fire Department Women's Auxi- liary be waived. Roll call: All ayes Payment of Bills ~i~.otion by Carlson, second by Paulson to pay the bills as listed out of proper funds. oll call: All ayes Resignation Mayor Nawrocki advised the Council that a letter of resignation has been received from Sharon Provart who served on the Human Services Commission. The resignation is effective immediately. Ad~ ou rnmen t ,/. i,/~ Motion by Paulson, second by Carlson to adjourn/~l~e meet~,~,'~g ~/t,,./.5 a. Roll M~y~Bruce G. Nawrocki call: nne Student, Council Secretary