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HomeMy WebLinkAboutFebruary 24, 1997OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 24, 1997 CALL TO ORDER/ROLL CALL The Mayor called the Council Meeting to order at 7:00 p.m. Mayor Sturdevant and Counci!members Jones, Jolly, Ruettimann and Peterson were present. PLEDGE OF ALLEGIANCE : ADDITIONS/DELETIONS TO THE MEETING AGENDA Councilmember Jolly advised of the addition of the second reading of Ordinance No. 1328 which addresses the abandonment of the City Charter. This matter was identified as 7-A-3. Mayor Sturdevant stated that the resolutions approving revocation of residential rental licenses held by Lynde Investments for twelve buildings was moved from Items for Consideration to Public Hearincs. Councilmember Ruettimann requested the following items be removed from the Consent Agenda: PUD Preliminary Plan, TVI, Inc., 4849 Central Avenue and the renewal of the SACCC joint powers agreement and the alternative meeting schedule. CONSENT AGENDA The following items are considered to be routine by the City Council and are enacted as part of a consent agenda by one motion: Motion by Ruettimann, second by Peterson to approve the following items on the consent agenda: Adopt Council Minutes The Council approved the minutes of the February 10, 1997 Regular Council Meeting as presented. Resolution No. 97-23 Beinq a Resolution Recardinq Acreement Between the City and the PMA The reading of the resolution was waived there being ample copies available for the public. REGULAR COUNCIL MEETING FEBRUARY 24, 1997 PAGE 2 RESOLUTION NO. 97-23 BEING A RESOLUTION REGARDING MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF COLUMBIA HEIGHTS AND PUBLIC MANAGERS' ASSOCIATION BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights that: WHEREAS, negotiations have proceeded between the Public Managers' Association, representing Division Heads of the City, and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable Memorandum of Understanding for calendar years 1997 and 1998; WHEREAS, a copy of said Memorandum of Understanding will be made available for inspection at the Office of the City Manager and is made a part hereof by reference. NOW, THEREFORE, BE IT RESOLVED, that the Memorandum of Understanding as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 1997 and 1998 for Public Managers' Association bargaining unit employees of the City. BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to execute this agreement. Passed this 24th day of February, 1997. Offered by: Seconded by: Roll call: Ruettimann Peterson Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Councilmember Jones requested a definition of the vehicles used by the Fire Chief and the Police Chief relative to being "used for only official transportation." The Public Works Director advised that the policy has been that it is more appropriate to have vehicles available to these two employees at all times as they are essentially on call twenty-four hours a day. REGULAR COUNCIL MEETING FEBRUARY 24, 1997 PAGE 3 Authorization to Purchase Hydrants and Repair Parts The Council authorized the Mayor and City Manager to enter into an agreement with Northern Water Works for hydrants and repair parts based on their low, responsible quotation of $6,105.29 plus tax, with funding to come from Fund 601-49430- 2160. Purchase of In-Car Video Systems The Council authorized the purchase of two Eyewitness in-car video systems from Kustom Signals, Inc. at a total cost of $10,690 plus tax with funding from Cable TV Fund and that the Mayor and City Manager are authorized to enter into a contract for same. Authorization to Purchase Underbody Plow The Council authorized the purchase of a Monroe MF-5-10 underbody plow from Crysteel, Inc. of Fridley, Minnesota, based on their low, responsible quotation of $3,276.25 plus tax and authorized the Mayor and City Manager to enter into an agreement for the same with funding to come from Fund 431- 43121-5180 and 101-43121-4395. Authorization for Installation of ReDlacement Starter at PumD Station #2 The Council authorized the Mayor and City Manager to enter into an agreement with Aid Electric of Fridley, Minnesota, to furnish and install a new soft starter on Pump #2 at Pump Station #2 based on their low, responsible quotation of $4,235.00 with funding to come from the Water Construction Fund. Authorization to Seek Bids for 1997 Miscellaneous Concrete The Council authorized staff to seek bids for 1997 miscellaneous concrete replacement and installation project. Authorization to Seek Informal Bids - Officiatinq Services The Council authorized staff to seek bids for the purchase of softball/baseball officiating services. REG~ COUNCIL MEETING FEBRUARY 24, 1997 PAGE 4 Startinq Pay for Vehicle Maintenance Foreman The Council approved the starting rate for Steve Synowczynski in the position of Vehicle Maintenance Foreman at the three year rate of $3,480 per month, based on the 1997 non-union schedule. Establish Council Work Session Dates The Council established Council work session dates and times as Monday, March 3, 1997 at 8:00 p.m. and Monday, March 17, 1997 at 7:00 p.m. Approval of License Applications The Council approved the 1997 license applications as listed. Approval of Payment of Bills The Council approved the payment of the bills as listed out of proper funds. Roll call on Consent Agenda: Ail ayes PUD Preliminary Plan, TVI, Inc. - 4849 Central Avenue Councilmember Ruettimann had requested this item be removed from the Consent Agenda for further discussion. He questioned why this matter had not been brought before the Traffic Commission for its consideration. It was Councilmember Ruettimann's opinion that this proposed construction would impact the traffic flow and traffic patterns on 49th Avenue and cause congestion. His experience with the traffic flow in that location is that there is congestion already happening and the potential for this being aggravated exists. It was determined that part of the problem was the narrow width of the access into the businesses already there, Saver's and Hollywood Video, both of which generate considerble vehicular traffic. The Public Works Director suggested that consideration be given to widening the access on 49th Avenue. He had been led to believe .that the Traffic Commission had already reviewed this matter. Councilmember Jolly, who serves on the Traffic Commission, advised this had been presented in concept form but was not addressed as an agenda item requiring, formal action. REGULAR COUNCIL MEETING FEBRUARY 24, 1997 PAGE 5 The Zoning Coordinator noted that the project does not involve .any changes nor any access location changes. The new construction being proposed for the site is an hair salon and a Subway fast food restaurant. Motion by Ruettimann, second by Jones to table this matter until it has been reviewed by the Traffic Commission. Roll call: Jones, Jolly, Peterson - nay Ruettimann, Sturdevant - aye Motion fails Motion by Peterson, second by Jones to approve the Preliminary Plan, refer it to the Traffic Commission for review and the recommendations of the Traffic Commission be included in the Final PUD which will be returned to the City Council for its consideration on March 10th. Roll call: Jones, Jcily, Peterson, Sturdevant - aye Ruettimann - nay Renewal of the SACCC Joint Powers Aqreement and the Alternative Meetinq Schedule Counciimember Ruettimann expressed concern regarding any potential future financial participation with this organization. He referred to Section !i which addressed the authorization to establish annual monetary contributions from member governmental units in amounts to be determined by the Board. He also noted there have been no financial statements distributed to participating entities. Motion by Ruettimann, second by Peterson to table this agenda item to the March 3, 1997 Council work session for further clarification. Roll call: All ayes RECOGNITION, PROCLAMATIONS, PRESENTATIONS, GUESTS There were no items for this section of the agenda. PUBLIC HEARINGS A. Resolutions Approvinq/0pinion Reqardinq Suspension of Rental Licenses Held by Lynde Investment Lynde Investment owns twelve buildings in the City whose rental licenses are being considered for revocation as there is non-compliance with the Housing Maintenance Code. The most recent issue on which the owners and the city inspectors disagree is the inspection of each unit~ REGULAR COUNCIL MEETING FEBRUARY 24,1997 PAGE 6 A letter drafted by legal counsel for Lynde Investment was sent to all renters in the buildings under consideration 'advising them of what appears to the owners to be unlawful entry into the units. The City Attorney drafted a memo to the City Council and staff which cited the statutorial basis for entering units which is Minnesota Statute 504.183 entitled "Tenant's Right to Privacy." Also, addressed was the issue of an inspection notice to tenants and whose responsibility it is to distribute that. One former tenant and one current tenant of Lynde Investment spoke to their individual experiences with this owner. Legal counsel for Lynde Investment proposed that the City inspect units when they are vacated by a moving tenant. Councilmember Jolly recalled that one tenant had resided in a building for twenty years. He felt this would hardly be an acceptable schedule for doing timely inspections. Lynde Investment's legal counsel stated it is felt that the City's Housing Maintenance Code is unconstitutional and that his client is prepared to go to court to support this position. He advised this would be filed in District Court. If this matter were found to be unconstitutional, there is the potential of a $600,000 lawsuit for funds lost through a potential sale of the property plus attorneys fees and the addition of possible punitive damages. The property owner stated he is willing to supply the names, addresses and unit numbers of tenants in his buildings to the City. He suggested these could be used to notify the tenants in any manner the City chooses. His legal counsel suggested that search warrants be gotten for units whose occupants did not respond or indicated their opposition to the inspection. It was observed by a member of the Council that the tenant lease used by Lynde Investment allows for entrance by the owner or his representative into individual units but there is no allowance made for city inspections whose purpose is to protect the health, safety and welfare of the occupant. Councilmember Peterson observed that nothing had been accomplished by all of the discussion to this point in time. He felt all involved parties were at an impasse. He also wanted a distinction made between "searchingl' and "inspecting." He felt this reflected a poor understanding of what the inspection is intended to accomplish. REGULAR COUNCIL MEETING FEBRUARY 24, 1997 PAGE 7 He was also concerned with any potential for retaliation against a current tenant if he/she permitted the inspectors into their unit. The property owner stated this would not happen. Councilmember Jones inquired of the owner of Linde Investments if he had any problem with his tenants calling 9-1-1 if they felt there were a problem. He responded he did not and he felt that the City was there to protect them. Counci!member Jolly stated he does not want this series of issues to continue much longer as nothing is being resolved. He requested a special meeting be scheduled where concerned parties from Lynde Investments, the Council and staff could discuss these matters and come to some resolve. Motion by Peterson, second by Jolly to table this agenda item and to schedule a meeting for March 4, 1997 at 5:00 p.m. to be held in City Hall with all interested parties and that the results of the March 4, !997 meeting be brought to the March !0, 1997 Council Meeting. Roll call: All ayes ITEMS FOR CONSIDEP_ATION A. Other Resolutions/Ordinances Resolution No. 97-21 Beinq a Resolution Recuestinq ReDresentation from Leaque of Minnesota Cities Insurance Trust Motion by Sturdevant, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: Ail ayes RESOLUTION NO. 97-21 BEING A RESOLUTION REQUESTING REPRESENTATION FROM LEAGUE OF MINNESOTA CITIES INSUP~ANCE TRUST FOR APPEAL WHEREAS, the City of Columbia Heights is a defendant along with the Minnesota Police Recruitment System, a Minnesota joint powers organization ("MPRS"), and 35 other Minnesota cities in two companion civil actions in Hennepin County District court entitled Fields v. MPRS et al. and Starks v. MPRS et al., District Court File Numbers EM 93-218 and EM 93- 219 (collectively referred to as the "Action"); and WHEREAS, by Order dated October 5, 1994, the court found that the entry level police officer selection procedures used by the defendants violated the Minnesota Human Rights Act; and REG~ COLINCIL MEETING FEBRUARY 24, 1997 PAGE 8 WHEREAS, by Order dated November 7, 1996, the court made the defendants subject to the continuing jurisdiction of the court until January 1, 2004; and WHEREAS, said orders establish standards for review of employee selection procedures which will be extraordinarily difficult to satisfy; and WHEREAS, said orders may be cited as precedent in future challenges to employee selection procedures of Minnesota cities which will be defended by the League of Minnesota Cities Insurance Trust (LMCIT); and WHEREAS, the City and other defendant cities may have future employment practices challenged in the context of the Action under the continuing jurisdiction of the court, which will be defended by the LMCIT; and WHEREAS, it would be advantageous to the City, the defendant cities in the Action and all other cities in Minnesota if the Action could be successfully challenged on appeal; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that: 1. The City hereby requests the LMCIT to appeal the Action of the Minnesota Court of Appeals on behalf of the City. 2. The City Clerk is hereby directed to transmit a copy of this resolution to the LMCIT as soon as possible and to take such other actions as are necessary or expedient to secure the assistance of the LMCIT and to prosecute the appeal in the event the LMCIT agrees to represent the City. Adopted this 24th day of February, 1997. Offered by: Seconded by: Roll call: Sturdevant Peterson All ayes ATTEST: Mayor Joseph Sturdevant William Elrite, City Clerk REGULAR COUNCIL MEETING FEBRUARY 24, 1997 PAGE 9 RESOLUTION NO. 97-22 RESOLUTION AUTHORIZING A_ND APPROVING PARTICIPATION IN COOPEPJtTIVE ACTIVITIES OF MINNESOTA POLICE RECRUITMENT SYSTEM WHEREAS, the City of Columbia Heights is a defendant along with the Minnesota Police Recruitment System, a Minnesota joint powers organization ("MPRS"), and 35 other Minnesota cities in two companion civil actions in Hennepin County District court entitled Field v. MPRS et al. and Starks v. MPRS et al., District Court File Numbers EM 93-218 and EM 93- 219 (collectively referred to as the "Action"); and WHEREAS, by order of the court dated November 7, 1996 (the "Order") in the action the defendants are obligated to undertake certain activities relating to the recruitment and hiring of minority persons; and WHEREAS, the MPRS has offered to undertake certain such activities on behalf of defendant cities which wish to act cooperatively to fulfill their obligation as set forth in the Order, on terms and conditions established by the MPRS; and WHEREAS, the city council has determined that it is in the best interests of the city to participate coopertive!y in the MPRS program; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota as follows: 1. The city authorizes and approves participation in the cooperative activities of the MPRS in accordance with the terms and conditions established for such participation by the MPRS. 2. The City Clerk is authorized and directed to take such actions as are necessary to participate in the MPRS program. 3. Data provided by the city to the MPRS are to be determined in accordance with Minnesota Statutes, Chapter 13, and the MPRS shall maintain data on individuals in accordance with statutory provisions applicable to that data. 4. The city clerk is directed to file a certified copy of this resolution with the president of MPRS. Adopted this 24th day of February, 1997. REGULAR COUNCIL MEETING FEBRUARY 24, 1997 PAGE 10 Offered by: Seconded by: Roll call: Peterson Ruettimann All ayes William Elrite, City Clerk Mayor Joseph Sturdevant 2) First Readinq of Ordinance No. 1340 Beinq an Ordinance Pertaininq to Zoninq Amendments This zoning amendment is being requested to accommodate a change to the conditional use permit portion of the Retail Business section of the Zoning Ordinance that would eliminate a restriction on the number of repair bays allowed for minor repairs. This request is being made due to a redevelopment plan being proposed by the owner of the Conoco Station located at 3701 Central Avenue. Councilmember Ruettimann was concerned that the ordinance amendment was being requested by staff before it is clear what the project is. The Zoning Coordinator explained what the status of the project is currently and what is being proposed. She acknowledged the first reading of the ordinance could be delayed but noted that the effective date for an ordinance is a consideration. Motion by Sturdevant to table this matter until the March 10, 1997 Council Meeting. Motion dies for lack of a second. Motion by Peterson, second by Jones to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1340 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977 AND PERTAINING TO ZONING AMENDMENTS The City of Columbia Heights does ordain: Section 1: Section 9.113(2) (g) of Ordinance No. 853, City Code of 1977, which currently reads as follows, to wit: 9.113(2) Conditional Uses REGULAR COUNCIL MEETING FEBRUARY 24, 1997 PAGE I1 Within any "RB" Business District, no structure or land shall be used for the following uses except by Conditional Use Permit. (g) Motor fuel stations (minor) and major fuel stations with minor repairs (not to exceed 4 bays) subject to Section 9.117. is hereby amended to read as follows: 9.113(2) Conditional Uses Within any "RB" Business District, no structure or land shall be used for the following uses except by conditional use permit. (g) Motor fuel stations (minor) and major fuel stations with minor repairs subject to Section 9.117. Section 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: February 24, 1997 Motion by Peterson, second by Jones to establish March 10, 1997 at approximately 7:00 p.m. as the date and time for the second reading of Ordinance No. 1340, an ordinance amending Ordinance No. 853, City Code of 1977, and pertaining to zoning amendments. Roll call: Ail ayes 3) Second Readinq of Ordinance No. 1328 Beinq an Ordinance Ca!linq for the Abandonment of the City Charter Motion by Jolly, second by Jones to bring Ordinance No. 1328 back to the table. Roll call: Ail ayes Motion by Jolly, second by Jones to waive the reading of the ordinance there being ample copies available for the public. Roll call: Ail ayes Motion by Jolly to adopt Ordinance No. 1328. Motion fails due to the lack of a second. Councitmember Ruettimann stated that the Charter Commission has been requesting a decrease in the percentage of the number of voter signatures required regarding initiative, referendum and recall. REGULAR COUNCIL MEETING FEBRUARY 24, 1997 PAGE 12 He had suggested in a letter to the Charter Commission that .10% or 800 signatures, whichever is greater, be given consideration. It was his feeling that his letter and a similar one from the City Manager, had not been given much attention by members of the Commission. It is Councilmember Ruettimann's position that both bodies, the City Council and the Charter Commission, should meet with a full complement of members, to discuss matters of mutual concern and interest. He requested this meeting be scheduled the latter part of March or as soon as possible. Councilmember Jolly stated his support of the 10% suggestion as he viewed it as a good and amiable resolve to the situation. Motion by Ruettimann, second by Peterson to deny the Charter Commission's recommendation to reduce the percentage to a 10% flat figure and to leave the Charter requirement at 20% of voters at the next election. Roll call: Jones, Ruettimann, Peterson - aye Jolly, Sturdevant - nay Motion by Ruettimann, second by Peterson to table Ordinance No. 1328 to a date uncertain in the future. Roll call: Jones, Ruettimann, Peterson, Sturdevant - aye Jolly - nay B. Bid Considerations There were no other bid considerations. C. Other Business 1) Resolution No. 97-24 Beinq a Resolution Withdrawinq Without Prejudice Notice of Franchise Violation(s) Pendinq Federal Communications Commission Action The Cable Commission legal counsel advised that most of the problems being experienced were not because of U.S. WEST and this company is cooperating with the various cable systems. Motion by Ruettimann, second by Jones to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 97-24 RESOLUTION WITHDRAWING WITHOUT PREJUDICE NOTICE OF FRANCHISE VIOLATION(S) PENDING PEDERALCOMMI/NICATIONS COMMISSION ACTION REGULAR COUNCIL MEETING FEBRUARY 24, 1997 PAGE 13 WHEREAS, the Columbia Heights Telecommunications Commission ("Commission") makes recommendations to the City of Columbia Heights ("City") regarding administration of the franchise between the City, and Group W Cable of Columbia Heights, Inc. ("Company"), WHEREAS, the franchise between the City and Company requires approval of the City prior to consummation of any sale or other transfer of Company, WHEREAS, purchase of Company by Continental Cab!evision, Inc. ("Continental"), and nearly simultaneous merger of Continental with U.S. WEST, Inc., or a subsidiary thereof ("USW"), was approved by the City subject to a number of conditions, including specifically that "all necessary local, state, and federal authorizations" be obtained prior to consummation of such transaction. WHEREAS, the Commission and City previously determined that said transaction was consummated without all necessary approvals, notwithstanding the fact that legal counsel to the City has notified the parties to the transactions that such approvals had not been finally obtained, WHEREAS, the City has found Company in violation of the franchise for closing the sale transaction without all necessary approvals, WHEREAS, the City has previously resolved to witho!d legal notification of Company for violation of the franchise, and the consent Resolution relating to this transaction, during such time as discussions and negotiations regarding these issues is ongoing between City, Company, and Continental/USW. WHEREAS, the propriety of certain approval received by USW in acquiring Continental and Company are currently on appeal before the Federal Communications Commission ("FCC"), WHEREAS, the Commission has asserted in proceedings before the FCC and in numerous prior communications with the Company, Continental, and USW, that the City is, pursuant to the Telecommuncations Act of 1996, entitled to hold a proceeding to determine whether acquisition of Company by USW would negatively impact competition for telecommunication services in the local market. WHEREAS, on February 18, 1997, a "forum" was held with Company, and Continental/USW, for the purpose of receiving information regarding the competitive impact of the purchase of Company by USW, REGULAR COUNCIL MEETING FEBRUARY 24, 1997 PAGE 14 WHEREAS, final City action to approve or deny acquisition of Company by USW will be addressed by action of the FCC, and any appeals thereof, NOW, THEREFORE, BE IT RESOLVED THAT, the Commission recommends to the City withdrawal of, without prejudice, the prior City determination of franchise violation referred to herein, and notice thereof, pending final resolution by the FCC of issues presented regarding this transaction, and any appeals thereof. FURTHER, nothing herein shall be deemed to waive any right of the Commission or the City to raise, address, or account for the issues raised herein in review of any subsequent request for transfer or divestiture approval. Passed this 24th day of February, 1997. Offered by: Seconded by: Roll call: Ruettimann Jones Ail ayes Mayor Joseph SturdeYant Jo-Anne Student, Council Secretary Councilm~mber Ruettimann inquired if this resolution could be tabled. The cable legal counsel responded there are no pending lawsuits and the Council had already held them in violation. 2) Adjustments to Basic Cable Rates and EquiDment Rates The cable legal counsel reviewed the proposal and advised that the requests for increases are permitted. Motion by Sturdevant, second by Peterson to waive the reading of the Order there being ample copies available for the public. Roll call: All ayes ORDER REGARDING APPROVAL OF THE PROPOSED RATE INCREASE SUBMITTED BY MEREDITH CABLE COMPANY TO THE CITY OF COLUMBIA HEIGHTS WHEREAS, the City of Columbia Heights (hereinafter "City") is certified as a rate regulatory authority pursuant to rules of the Federal Communications Commission (hereinafter "FCC"), REGULAR COUNCIL MEETING FEBRUARY 24, 1997 PAGE 15 WHEREAS, the City has notified Meredith Cable Company (hereinafter "Company") that the Company is subject to the rate regulatory authority of the Commission, WHEREAS, the City has received from the Company an FCC Form 1205, Equipment Rate Form and an FCC Form 1210, "Update Form", WHEREAS, the Form Filings implicate the City's authority to regular basic service rates in requesting an increase in the Company's maximum permitted basic service rate and related equipment rates, on a going forward basis, WHEREAS, the City has reviewed the Form Filings in accordance with applicable FCC rules and regulations and has consulted with experts, including legal and accounting experts, WHEREAS, the City solicited, received and analyzed additional information related to said review by the City, staff, and consultants. WHEREAS, the City, its staff and consultants, have determined that the Company's FCC Form 1205 and 1210 comply with applicable FCC rules and regulations, NOW, THEREFORE, IT IS HEREBY ORDERED by the City of Columbia Heights that the proposed rate increases, as filed, for the basic service tier and related equipment are reasonable and approved. FURTHER, that this Order shall be effective immediately. Ordered this 24th day of February, 1997. Offered by: Seconded by: Roll call: Sturdevant Peterson Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary 3) Purchase of 100 Radio Read Water Meters Motion by Jones, second by Sturdevant to authorize the Mayor and City Manager to enter into an agreement with WaterPro in the amount of $21,200 for the installation of 80 radio read units on existing meters and 20 new radio meters, with funding coming from the sewer and water funds. Roll call: All ayes REGULAR COUNCIL MEETING FEBRUARY 24, 1997 PAGE 16 4) Purchase of Handheld Meter Readinq Device Motion by Peterson, second by Jones to authorize the Mayor and City Manager to enter into an agreement with WaterPro for one handheld Sensus #3003 reading unit and software in the amount of $9,850 and to enter into an agreement with Business Records Corporation to purchase downloading software in the amount of $4,000 with funding coming from the water and sewer funds. Roll call: All ayes 5) Sprint Spectrum Contract The staff council letter accompanying this item requested Council direction as to where the monies received from Sprint Spectrum should go and how they should be used. Councilmember Ruettimann observed that these funds have already been put into the General Fund. The Finance Director stated this was correct. Councilmember Ruettimann also noted that originally Sprint Spectrum was to pay for the months August through December, 1996, and thereafter, it would be an annual payment from January to January. He requested the Finance Department make an addendum to the contract to accommodate the stated timeframes. Councilmember Jolly requested staff to assign some activity fund numbers to these funds and set aside the funds for the City to use relative to this project. He felt a more accurate perspective will be gotten as to the use of the funds for the first year. Motion by Ruettimann, second by Jones to table this item until a City Council work session. Roll call: Ail ayes o Award of Contract for Zone I and 2 Street and Watermain Improvements Motion by Peterson, second by Sturdevant to award the contract for Municipal Projects 9415, 9416, 9417, 9418, 9419, 9420, 9421, 9423, 9614, 9615, 9616, 9617, 9618, 9619, 9620, 9621, 9622, 9623, 9624 and 9625 to Midwest Asphalt Corpouation of Hopkins, Minnesota based on their low, qualified responsible bid of $1,256,447.80 for Street and Watermain Improvements; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same with funding to be from Funds 415, 430, 651 and 652. Roll call: All ayes REGULAR COUNCIL MEETING FEBRUARY 24, 1997 PAGE 17 o Motion by Peterson, second by Sturdevant to authorize an interfund loan of $660,000 from the Refuse Fund to the FIR Fund at an annual interest rate of 7.5% and to appropriate funds as needed in Fund 415, 430, 651 and 652 for the above listed projects. Roll call: Ail ayes ADMINISTRATIVE REPORTS A. Report of the City Manager The City Manager advised that the City's legislators will be attending the March 3rd Council work session. Senator Novak has been requested to carry some special legislation which will benefit the City of Columbia Heights. Legal counsel for the City will also attend the work session to update the Council on a legal matter. He intends to keep any other items on the work session agenda to a minimum. B. RePort of the City Attorney The City Attorney had nothing to report at this time. The Public Works Director noted that the Vehicle Maintenance Foreman position has been filled by an employee who has worked for the City for five years. He felt this was an excellent choice. He also invited members of the Council and the staff to a farewell reception for the retiring employee, Tom Hosch. Counci!member Jolly stated he feels that Tom Hosch was a dedicated, capable and exemplary employee. Tom was a city employee for thirty-seven years. GENEP~AL COUNCIL COMMUNICATIONS A. Minutes of Board and Commission Meetings February 3, 1997 Library Board of Trustees February tl, 1997 Planning and Zoning Commission 10. CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA A resident had previously expressed concern regarding what he viewed as a questionable number of vehicles, people, and activity at a home on Fifth Street. The Mayor stated he had visited the property the day after he received the comments from this resident. The Mayor net the owner at the property and there appeared to be no large number of vehicles, any extra people, nor any Unusual activity. REGULAR COUNCIL MEETING FEBRUARY 24, 1997 PAGE 18 The resident also made comments regarding the location for EDA 'meetings, relocation of tenants and buildings being purchased. ADDointment of Liaison to Charter Commission Motion by Ruettimann, second by Peterson to appoint Councilmember Jolly to serve as a liaison to the Charter Commission for the City Council. Roll call: All ayes 10. ADJOURA!MENT Motion by Peterson, second by Ruettimann to adjourn the meeting at 10:05 p.m. Roll call: Ail ayes  ayor~Jo's~ph Sturdevant ~ -A~he Sf~dent',~'C-~uncil Secretary