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HomeMy WebLinkAbout07/09/2012 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, JULY 9, 2012 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, July 09, 2012 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Pastor Dave Briley, Oak Hill Baptist Church, gave the invocation. Present: Mayor Peterson, Council member Williams, Council member Nawrocki, Council member Diehm, Council member Schmitt PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Motion by Nawrocki to add Council Corner to the agenda. Peterson called for a second to the motion. Motion died for lack of a second. Nawrocki requested to bring up items under the City Manager's report. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS - none CONSENT AGENDA Peterson removed items D and E so Council member Williams can abstain from voting. Nawrocki requested to remove item C for discussion. City Manager Walt Fehst took Council members through the consent agenda items. A. Approve Minutes of the June 25, 2012 City Council meeting Motion to approve the minutes of the June 25, 2012 City Council meeting B. Adopt Resolution No. 2012-81, being a Resolution designating election judges and salaries for the 2012 Primary and General Elections and designate the City Clerk authority to appoint emergency judges. Motion to waive the reading of Resolution No. 2012-81, there being ample copies available to the public. Motion to adopt Resolution No. 2012-81, being a Resolution designating election judges and salaries for the 2012 Primary and General Elections and designate the City Clerk authority to appoint emergency judges. C. 2011 Comprehensive Annual Financial Report - removed D. Authorize Mayor and City Manager to enter into Contract for Towing Contractor- removed E. Authorize Mayor and City Manager to enter into Contract for Car Wash Services—removed F. Approval of attached list of rental housing applications. Motion to approve the items listed for rental housing license applications for July 9, 2012 in that they have met the requirements of the Property Maintenance Code. City Council Minutes Monday,July 09,2012 Page 2 of 8 G. Approve Business License Applications Motion to approve the items as listed on the business license agenda for July 9, 2012 as presented. H. Review Payment of the Bills Motion that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 144093 through 144271 in the amount of $2,937,089.02. Motion by Williams, second by Nawrocki, to approve the Consent Agenda items, with the exception of items C, D, and E. Upon vote: All ayes. Motion carried. Miscellaneous Regarding rental license revocations that are removed from the agenda prior to the Council meeting, Nawrocki requested to be notified if properties are settled by Friday so he does not have to check properties that will be removed at the meeting. Fehst stated he would pass that request along. Peterson stated that sometimes it is a matter of the fee not being paid and those properties would not have to be checked. C. 2011 Comprehensive Annual Financial Report Nawrocki asked how much time will be spent on this. Fehst stated that at the next meeting there will be a presentation and some questions will be answered. If Council members want the auditor to come to a work session, they can do so. Fehst stated that we have received a clean opinion. We will seek requests for proposals for auditors this year. When you accept bids, you don't necessarily always go with the low bid,but with the services we get. Nawrocki stated the increasing difficulty to follow the report. Some of the graphs/spreadsheets are difficult to read. He requested enlargements for the final discussion. Motion by Diehm, second by Schmitt, to recognize that the 2011 Comprehensive Annual Financial Report, including the independent auditors report, was distributed to the City Council, and move to schedule a presentation by the auditor for the July 23rd council meeting. Upon vote: All ayes. Motion carried. D. Authorize Mayor and City Manager to enter into Contract for Towing Contractor Motion by Diehm, second by Schmitt, to authorize the Mayor and City Manager to enter into a contract with Jeff's Bobby and Steve's Auto World for towing, impounding and storage of motor vehicles as specified in the City's Request and set forth in Auto World's response to the City's Request. The term of this contract is to be August 1, 2012 through July 31, 2014,unless terminated sooner pursuant to the termination provision. Nawrocki questioned that the recommended company is not the low bidder. Fehst stated that the low bidder was the contractor chosen last year, whose contract was terminated. Police Chief Scott Nadeau stated the specs gave maximum amounts. These amounts are charged to the vehicle owner. Administrative fees are when we hold a car for investigation. Forfeiture is for vehicles held for six months to a year. We look if the company is in or near Columbia Heights and require the impound lot be in Anoka County. We have to do search warrants on these and we prefer to secure the warrants in Anoka County. We also consider the number of hours the business is open per week. The recommended company is open 91 hours a week and City Council Minutes Monday,July 09,2012 Page 3 of 8 the other company is open 50 hours a week. Nadeau stated that while contracted with Schmidt towing for six to eight months, they would drop our vehicles to go get other tows, leaving our vehicles unsecure. Jeff's Bobby and Steve's Auto World(JBS) is a local business. Nawrocki asked if an owner can call their own tow company and if Schmidt Towing meets the required specs. Nadeau stated yes and yes. We had a"not to exceed" amount and all bids were below that level. Fehst stated that Schmidt Towing was dropped based on performance. We could award to them, if the Council wants to take that chance again. Schmitt asked why Schmidt Towing was sent the specs to bid. Nadeau stated that bids were sent to all that requested them. He gave the history of the contract with Schmidt towing. The service was unacceptable and we lost confidence in them. Diehm indicated the negative comments received from their lack of custody chain. We were lucky that JBS was willing to pick up the contract. We were very satisfied with the service. We are not using any tax dollars and the convenience of pick up times is something she can support. Nawrocki again stated he was surprised that the specifications did not include "no dropping of a vehicle to pick up another tow". Nadeau stated that it is a reasonable expectation. Nawrocki stated this would not award to the low responsive bidder. Schmitt stated that City Wide also submitted a lower bid. Nadeau stated they are in Hennepin County and would contract with a lot 5.5 miles away. Nadeau stated this was outside the requirement. Schmitt questioned inside storage. Nadeau indicated situations where vehicles would need to be held in a secure location. Upon vote: Schmitt, nay; Williams, abstain; Diehm, aye; Nawrocki, nay; Peterson, aye. 2 ayes, 2 nays, 1 abstain. Motion failed. Fehst stated that technically, this contract does not have to come to the Council for approval. Many people do call their own tow company. Fehst stated that we would stay with the current contractor, JBS, as they do a good job for us and are open for business 80 percent more than the other contractor. Peterson stated that we have a local business bidding that is very active in our community and they have provided good service during the contract. They also stepped in to cover for a company we needed to remove. There have been no complaints. Nawrocki stated his decision is based on the specifications and the bids received, and the legal obligation to award bids to the low responsive bidder. Jim Hoeft, City Attorney, stated there is no legal obligation with a service contract. It would be problematic if you did not allow them to bid, but you can take into consideration past issues. There is no legal obligation to choose what you consider the low bidder. Diehm stated frustration that we cannot award a contract the Chief recommends. Schmitt asked the Chief if he had experience with these companies while in Brooklyn Center. Nadeau stated yes, with Schmidt Towing, but not City Wide. Schmitt indicated that Schmidt Towing may have fired those responsible for the problems. Nadeau stated he would defer to decision of Council. Many cities do not have contracts. We want to be above board and guarantee what people are charged and that they have reasonable access to their vehicles, proper storage, access for search warrants, and response time. The service prior to his coming to Columbia Heights could require waiting up to 45 minutes for a tow. Time spent waiting for a tow is important to Police Department operations. City Council Minutes Monday,July 09,2012 Page 4 of 8 Fehst stated there were 313 impounds last year. He questioned the investigative hold charge. Nadeau stated that a stolen car in a burglary may be impounded for up to two weeks. Fehst asked about administrative forfeitures. Nadeau stated there may be five or six cars a year. Fehst indicated that most fees are recouped through insurance. Time spent to pick up a vehicle is very important. Nadeau stated that in totality of the circumstances, we recommend JBS. Fehst stated his intention would be to continue to work with JBS. Nawrocki referred to picking up the vehicle at night, that person may still need to get paperwork from the Police Depai lucent. The attorney stated again that there is no legal obligation to choose the low responsive bidder. It is certainly a moral responsibility. There is a legal difference between a service contract and a product contract. The towing contract is within the City Manager's spending authority. There is no money spent for this contract, therefore the Council has given that authority to the City Manager. The City Manager, Mayor, and Police Chief can deter mine what policy to use for towing vehicles. The Chief formalized the policy with a towing contract. That will not be available, so the City Manager, Mayor, and Police Chief will have to determine how to handle towing, and they have the authority to do that. Peterson stated that he voted yes, as this is the best service available and the hours they are open are very beneficial to our citizens. Deb Johnson, 4626 Pierce Street, stated that if you are in an accident you can request another service; but if you are a crook, I want you to pay as much as possible. E. Authorize Mayor and City Manager to enter into Contract for Car Wash Services Motion by Nawrocki, second by Diehm, to authorize the Mayor and City Manager to enter into a contract with Jeff's Bobby and Steve's AutoWorld for car wash services as specified in the City's Request and AutoWorld's response to the City's Request. The term of this contract is to be August 1, 2012 through July 31, 2014, unless terminated sooner pursuant to the termination provision. Schmitt aye, Williams, abstain, Diehm, aye, Nawrocki aye, Peterson aye—4 ayes— 1 abstention. Motion carried. PUBLIC HEARINGS - none ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions -none B. Bid Considerations Accept Bids for the Argonne Lift Station replacement and consideration of contract award Kevin Hansen, Public Works Director, stated that plans and specs were prepared, publically advertised, and sent to the ten companies on our list. We received two bids with a spread of only one percent. The bids were about 35% over the engineered estimate. The engineer found that the increases were on the pump and SCADA system. We could rebid the project or wait to do it, but neither would give us cost savings in the future. The bids are close and we would recommend continuing with the project. There is an alternate for a generator. Nawrocki stated that the bid time frame was very short. This also recommends the high bidder if you include the base bid and alternate. Hansen stated the market for this work is specialized. We expected two to four bidders. This was advertised prior to the Council meeting. The spec was written to award the contract on the base bid, excluding the alternate. Seth Peterson, Bolten Menke, stated the reason to award on the base bid. Adding in alternates could allow ambiguity or City Council Minutes Monday,July 09,2012 Page 5 of 8 favoritism. He explained the need for this lift station and the advantage of including a generator, in case of loss of utility power. Fehst asked the age of the lift station. Hansen stated it was put in place between 1962 and 1965, with the pumps replaced about 30 years ago. Nawrocki stated that staff is recommending the alternate, even though the bid is 30%higher. He felt we should reject the bid and rebid it. Hansen stated that we did have a power outage and lost power to this station. You may run the risk of a sewage overflow. Motion by Diehm, second by Williams, to accept the base bid and award the Argonne Lift Station replacement, City Project No. 1114, to Penn Contracting of Blaine, Minnesota based upon their low, qualified responsible bid in the amount of$243,590. Schmitt stated that if we reject this bid they could come back with a higher amount. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to accept Alternate 1 in the amount of$41,100 with funds to be appropriated from Fund 651-5114-5185; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Upon vote: Schmitt, aye; Williams, aye; Diehm, aye;Nawrocki, aye; Peterson, aye. 5 ayes. Motion carried. C. New Business and Reports - none ADMINISTRATIVE REPORTS Report of the City Manager Fehst stated that the City Council received a report from the City Clerk indicating that residents may now cast an absentee ballot at city hall. Prior to this they had to go to Anoka County. He listed the reasons allowing someone to vote absentee. Schmitt stated that she wanted to make sure people are aware of this. Fehst stated that Crest View will have an appreciation picnic on July 31 at 4458 Reservoir Blvd. Nawrocki asked for copies of hand out material received by the Library Task Force and the financial report from our local fire fighters organization. He spoke on budget concerns to not increase property taxes and referred to other cities cutting jobs to keep property tax levies in line. Nawrocki requested follow up on the Department of Health review of Hookah stores. Fehst stated that they have not followed up with us. Nadeau stated that this is the State's jurisdiction. Nawrocki stated concern that the authority we gave them complies with state laws. Nawrocki questioned the water pressure issue brought up at the last meeting. Fehst stated that we are doing a water pressure study and will then decide what to do. Nawrocki referred to the two insurance letters for sewer line breakage. He thought one was to be for water. Schmitt stated that the second was a follow up to the first sewer letter and no one has received the water one yet. Nawrocki asked if this covers the line from the house to the street. Fehst stated yes. Nawrocki asked if it covers a plugged line. Fehst stated he would research this and let him know. Nawrocki asked to be given the food cost for his meals at the upcoming city picnic and employee picnic so he can pay this cost. There is a weedy area on the stub of 38th and Quincy to be taken care of and trash on the ground at the shopping center on 50th and University. The city owned garden lot at 4235 Washington Street has some containers at the back of the lot that need to be removed. Peterson commented that the property looks like a park now, City Council Minutes Monday,July 09,2012 Page 6 of 8 compared to what it was. This may be used again next year as a community garden. Report of the City Attorney—nothing to report CITIZENS FORUM Peterson asked that we remember our service men and women. We just lost six more service members. Keep them in your thoughts and prayers. This is very tough on the families. Don't take ourselves too seriously and do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 8:38 p.m. atricia Muscovitz CMC Qtz5lerk RESOLUTION 2012-81 BEING A RESOLUTION DESIGNATING ELECTION JUDGE SALARIES AND ELECTION JUDGES FOR THE 2012 PRIMARY AND GENERAL ELECTIONS WHEREAS: There are scheduled elections in the City of Columbia Heights and the State of Minnesota;and WHEREAS: Pursuant to City Charter, Section 30, and M.S.S.204A,the Council shall appoint the following qualified voters to be judges for the 2012 Primary and General election. Precinct 1-Murzyn Hall-530 Mill St. HJ Faye Cleasby AHJ Robert Petty Dolores Strand Fran Jensen Ardeth Bircher Charles Kewatt Darlene Bielejeski Lee Bak Gene Foreseide Kathy Fossum Diane Gomez Precinct 2-Immaculate Conception-4030 Jackson St. HJ Jo Ann Kewatt AHJ Marilyn Vaughan Mark Emme Jacque Block Cliff Shedlov Gretchen Gallagher Weinstein Bev Holub Robert Peltier Clara Shattuck Billy Jo Cox Daja Flournoy- student Precinct 3-Parkview Villa-965 40th Avenue HJ Dan Steiskal AHJ Marna Gomez Dolores Fowler Marie Heskowitz Katie Landwehr John Logacz City Council Minutes Monday,July 09,2012 Page 7 of 8 Barbara Miller Deborah Nero David Sims Michelle Ferreira Precinct 4-Highland Elem School-1500 49th Avenue HJ Marsha Stroik AHJ Joel Andrychowicz Shirley Browning Betty Krahl Soundra Burgoyne Dianne Cummings Thomas Kimock Shirley Hartley Kathleen Johnson Delores Marquette Diane Porath Karl Haynus Precinct 5-First Lutheran Church-1555 40th Ave HJ Joan Kinde AHJ Joanne Nelson Nancy French Irene Ricci Lorrie Nalezny Clara Schmidt Sharon Shedlov Debra Grisco Latresia Garrett Thompson Marion Bernard Precinct 6-Highland Elem. School-1500 49th Ave HJ Stephen Iserman AFIJ Michael McGee LaVone Seim Kay Mayer Doris Sunheim Carol Lawler Barbara Marshall Mary Meier Bruce Shellito Linda Fehst Brieanna Lewis-student Precinct 7-Valley View Elem School-800 49th Ave HJ Kathryn Morales AHJ Ann Kronstedt Robert Carson Joan Fuhrmann Fatuma Elmi Barb Nundahl John Vachuska Carol Felland Arthur Goedeking Barbara Tantanella Anne Binczik Edvard Kuzko-student Precinct 8-Valley View Elem School-800 49th Ave City Council Minutes Monday,July 09,2012 Page 8 of 8 HJ Teresa Carson AHJ Jeani Cox Stephen Emme Mary Dowdle Irene Sunt Dorothy Penate Jenna Fish Carol Geier Sue Murzyn Laurel Best Mary Ann O'Brien NOW,THEREFORE,BE IT RESOLVED,that the City Council of the City of Columbia Heights does appoint the afore mentioned as election judges,by precinct,for the Primary Election on August 14,2012 and the General Election on November 6, 2012,with an hourly remuneration of$11.00 for Head Judge,$10.75 for Assistant Head Judge,$10.50 for an Election Judge,and $6.75 for students. The City Clerk may designate emergency judges,as necessary.