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HomeMy WebLinkAboutJune 6, 1994OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL SPECIAL COUNCIL MEETING JUNE 6, 1994 The Special Council Meeting was called to order at 8:05 p.m. by Mayor Sturdevant. 1. ROLL CALL Jolly, Nawrocki, Ruettimann, Peterson, Sturdevant - present 2. PLEDGE OF ALLEGIANCE 3. PUBLIC HEARING - LABELLE EAST BANK EROSION CONTROL PROJECT The City Manager explained that the Public Hearing had been continued so staff would have time to contact individual property owners regarding "slope erosion" easements. He advised that only one property owner had indicated a willingness to sign an easement. Others were concerned with the potential for problems in selling their property with this easement on place. The City Manager also advised that the Anoka County Soil and Water Conservation has agreed to extend the deadline to mid- September for having a contract in place to in order to receive the 1992 grant. A letter received from the owner of 1231/1233 Circle Terrace was read for the record. This owner stated his reasons for not wanting to sign the easement which focused on the re-sale problems. The owner of 1319/1321 Circle Terrace noted she was never advised of potential erosion problems when she purchased the property eight years ago. She inquired what had been done by the Council to have avoided this problem when the area was initially developed. Councilmember Nawrocki, who served on the Council when the area was developed, stated the developer indicated he would be responsible for stabilization of the bank. What transpired between the developer and subsequent property owners is not known by the City. Another resident of the area suggestion a solution which included a $3,000 assessment for doing the project and the addition of City-owned property at the bottom of the slope to each parcel. He said the City would be absolved from any future responsibility for the bank and tax-forfeit property would be placed back on the tax rolls. SPECIAL COUNCIL MEETING JUNE 6, 1994 PAGE 2 Councilmember Ruettimann felt it was evident that no property owners were in interested in paying a $3,000 assessment. He suggested that the project be done only on City-owned property. Any soil which results from erosion on the bank that falls on City-owned property would have to be removed by the owner from whose property it fell. If it were not removed by the responsible property owner, the City would remove it and charge the property owner accordingly. He felt the fairness in this would be those properties who have no erosion would not have any charges and those whose properties are eroding would bear the responsibility. Councilmember Nawrocki stated it may be difficult to prove where the fallen material comes from. He also felt it would make no sense to make corrections at the bottom of the bank when the problems come from the top. Councilmember Ruettimann stated that determining the point of origin for fallen soil would not be difficult. The City Manager suggested that a simple process to address the situation would be to strengthen the City's drainage ordinance. Also, the Council would have to take a couple of other actions besides just fixing the bottom area of the slope. Councilmember Jolly observed that the problem is already a matter of public record and any potential buyers of property affected by the problem would have a right to be made aware of the situation whether a purchase is made or not. Councilmember Nawrocki stated his support for the staff recommendation but with a $2,000 assessment. He also observed that easements will be required. The Public Works Director noted that construction easements, fencing easements and some utility easements as well as maintenance easements will be needed. It was stated that the City will be doing the maintenance between the fences. Councilmember Nawrocki addressed compensation for easements, specifically for those given voluntarily and those which are not. He feels that everyone giving an easement should be compensated the same. Councilmember Peterson commended staff and noted that all parties involved had worked diligently to reduce the costs of this project. SPECIAL COUNCIL MEETING JUNE 6, 1994 PAGE 3 Councilmember Nawrocki explained the deferred assessment program which is available to senior citizens who may be affected by this project. Motion by Nawrocki, second by Jolly to authorize staff to proceed with the project with the understanding that the maximum assessment cost per lot be $2,000, before contracts are let; staff will procure all necessary easements and if buying easements becomes necessary that there be no recording of easements until all easements that are necessary are acquired. Roll call: All ayes Councilmember Nawrocki requested staff research how much, if any, of the park land is dedicated. He also emphasized the need to proceed with haste to get the necessary easements. e NEW BU$~NESS a. Authorization to Seek Ouotes for Rubber Surfaced Crossing Material The material will be installed at the railroad crossing on Stinson Boulevard north of 37th Avenue. The cities of Columbia Heights and St. Anthony will be purchasing the material and the railroad is installing it. Councilmember Ruettimann inquired what the need was to do this project. He felt this was a railroad responsibility and not that of participating cities. The City Manager responded that the railroad has no responsibility to maintain the crossing with a smooth surface, only one which is non-hazardous. The costs for the material are being paid by State Aid funds. Motion by Peterson, second by Jolly to authorize staff to seek quotes for the purchase of rubber surfaced crossing material. Roll call: All ayes Councilmember Nawrocki stated his objection to having an additional item added by staff to the agenda of a meeting called by the City Council. SPECIAL COUNCIL MEETING JUNE 6, 1994 PAGE 4 ADJOURNMENT Motion by Ruettimann, second by Peterson to adjourn the Special Council Meeting at 9:40 p.m. Roll call: Ail ayes a~or JjoSeph Sturde~vant - Jo-Anne Student, Council Secretary