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HomeMy WebLinkAboutNov 8, 1971p. 167 OFFICIAL PROCEEDINGS Regular Meeting November 8, 1971 The meeting was called to order at 8:12 p.m. Heintz, Jeska, Logacz, Nawrocki - present. Roll Call: Land, Invocation was given by Rev. Doug Henderson of the People's Church. Certificate of Appreciation. A Certificate of Appreciation was presented to Pat McAlpin for his service on the Human Rights Commission since June, 1969. Appeal from K-Mart. Marshall Goldman, developer from K-Mart, said they have appealed the Planning Commission denial of their request for a building permit to construct a shopping center at 4747 ~entral based on: 1. The fact their plans are completed. They have gone through every C~ty Depart~ent and have all the approvals needed for issuance of the permit. The plot plan has been returned to the Planning Commission with a complete landscape plan with details worked out. 2. The 39 day delay requested by the Planning Commission would actually mean a 5 month delay where they could not start work until April or May, This hardship factor creates a loss of mortgage commitment, loss of construction time and money. A supplemental traffic study from Barton-Ashmun was presennted. Included in this report were detailed traffic counts of the intersections at 44th and Central, 49th and Central, and 53rd and Central. Based on these counts, it was found that 49th and Central operated at a "C" level on an A, B, C, D, E, scale. It was pointed out that 49th Avenue was designated by the City and County as County Road 4 and is designed as a collector street to serve the area east. It is designed to handle up to 10,000 or 12,000 cars and is not at all being taxed by the load on it now. Residents from the Mathaire area were present and expressed concern over the increased traffic on 49th Avenue if 49th is one of the entrances-exits into the Center. It was stated there are four schools in the area and it does not make sense to increase the traffic. One comment was made that traffic around Target sneaks through the residential areas. What will K-Mart do to the traffic going east on 49th Avenue? p. 168 Hr. Goldman said there is a volume of school children coming from the north. They would consider installin9 sidewalks on the north side of 49th Avenue if the City desires. A ramp-type over-pass for pedestrians could be created over the 49th Avenue entrance to K-Mart. He said they appreciate the traffic problems and have in 9ood faith done all they can to look quickly into it. The Council at all times has the right for public health and safety reasons to review and re-vamp an/ exits on to the streets and highways that proves in their minds to be hazardous. Mr. Goldman pointed out in K-Mart lease with Kresge, there is a requirement to have at least three entrances and exits. He said there is room for about 812 10' parkin9 spaces and they have additional area to handle another 150 if more parkin9 is needed. The Center would represent taxes at the present rate of $120,000. Employment would offer 200 jobs, full and part-time. Vern Hoium, representing the Chamber of Commerce, said the members were contacted and were 100% in favor of this development. He encouraged the Council to issue the permit. After lengthy discussions on shrubbery, sidewalks, the over-pass, sema-phores on Central, storm sewers, deacceleration lanes, parking, fencing, sweepin9 and maintenance of the parl~in9 lot, location of driveways, 1 ighting, etc. a motion was made by Land, seconded by Logacz that denial of the building permit by the Plannin9 Commission be over-ruled and that K-Mart be issued a buildin9 permit to begin construction tomorrow. The City Attorney said he would like to put some of the items discussed into the form of an agreement with K-Mart and was directed to prepare a resolution for consideration later in the meeting. Recess was called at 11:25 p.m. The meeting reconvened at 11:31 p.m. Minutesof last regular and special meedngs. Motion by Heintz, seconded by Jeska that the minutes of the last regular and special ~etings be approved as presented in writing and the reading dispensed with. Roll Call - All Ayes. Payment of Bills. Motion by Logacz, seconded by Jeska that the following bills be paid out of their proper funds: Roll Call All Ayes. p. ]69 Payroll Account Hardrives, Inc. Minn.Hospital Serv. Griggs, Cooper & Co. Old Peoria Co. Ed Phill i ps & Sons Robt. Pet e rson, Co .T rea. Election Judges Famous Brands, Inc. Griggs, Cooper John sonB ros .Wh 1 e. L i q. Merrill Chapman Old Peoria Co. Twin City Wine Co. Col.Hts. ~¢ater Dept. Karl H. Diehl Mpls. Gas Co. No. States Power N.W.Bel ] Tel . Co. Acme Auto Co. Adler Steel Prod. Am. Casting & Mfg. Am. Linen Supply Am. Photocopy Equip. Bill Boyer Ford Val Bjornson, St.Trea. Mary Blackstad Brookdale Ford Carl Caskey Central Auto Parts City of Blaine City of Col.Hts. City of Fridley Col .Hts. Pharmacy Comm. ofTaxat i on Davies Water Equip. Flexible Pipe Tool Fridley Office Sup. Economics Press Glenwood I nglewood Harris Office Equip. Gordon W. Harvey Heights Shell Serv~ Hoover Wheel A1 ign. Industrial Supply Co. Keep Fil 1 Products Maxine Kerpen Lowry Lbr. Co. MacArthur Co. Madison Chemical MacQueen Equipment Mal in Wire Co. Matthew Bender Mel's Van O Lite $ 42,187.92 62,638.81 1 ,761 .3O 19~.44 208.76 98.51 836 73 l, 191 86 6 75 966 41 551 73 54 83 17 23 57 O9 1 47 45 57 12 2O5 55 2, O78 8O 781 36 15 6O 949 OO 9 65 23 78 103 95 l0 54 2,~6 35 20 O0 37 52 5 O0 12~;OO 252 55 5O OO 57 84 19 40 1, O29 89 1 ,O10 O5 420 48 5O O3 5 O7 52 25 399 OO 20 O0 21 16 17 O0 16 74 9 86 20 OO 115 61 9 36 71 32 78 OO 10 74 28.5O 33.87 Midwest Bldg. Serv. Milsco Engineering Minar Ford, Inc. Mine Safety Appl ia. Minn.Fi re Equip. Co. Minn. Fire Equip. Co. $ 643 50 69 75 20 72 3 60 163 72 69 22 Modern Clean-up Ser. 12,856 Myers-Sherman Co. lll Neptune Meter Co. 173 Olson Equip. Co. 142 Olson's Plumbing 13 Ovshak Printing 21 Phillips Petrol. 161 Curtis Ramsdell 410 Stateof Minn.-Doc. Se. 35 State Treasurer 93 Uniforms Unlimited 565 Weber & Troseth, Inc. 184 Vicki Wilson 5 Steve Wodziak 36 Uniforms Unlimited 47 Payroll Account 2,225 Am. Linen Supply 4 Col.Hts. Water Dept. 30 Donald Chies 1,313 Coast to Coast 33 Comm. of Taxation 9 Crown Iron Works 18 H & S Asphalt Co. 1,505 Royhl S. Hedblad 20 Heights Welding Co. 10 Home Gas Co. 9 Johnson Paper & Sup. 56 Lampert Bldg. Center 13 Minn. Fire, Inc. 30 The Northfield Co. 4 A. Weisman Co. 52 A & A H dwe. 3 Col.Hts. Recr. Comm. 483 Col.Hts. Recr. Comm. 16 Royhl Hedblad 20 Gary N. Scholla 46 Am. Linen Supply 113 John B~rna 8 Bronner's Exterm. Co. 8 City Wide Locksmith 13 t£omm.ofTaxation 2,640 Distillers Distrib. 4,049 J. C. Doherty & Sons 309 O. M. Droney Bev. 574 Lawrence Duffee 1 Chester Ewer 73 Fridley Distribut. 8,470 Fridley Food Market 60 35 86 90 54 50 50 21 29 OO 10 OO 75 O0 OO 85 49 67 O0 4O 97 23 76 10 OO 00 5O 8O 65 95 18 66 85 O0 O0 OO 65 8O 5O 75 25 4O 87 35 17 2O 6O 26 OO p. ~7o R. E. Fritz, Inc. Gold Medal Bev. Gross Industrial Serv. Emi 1 Koistinen Kuether Distrib. Eddie Hattson McKesson Liquor Midwest Wine Co. Olson Plumbing Petty Cash Fund Pepsi Cola Btlg. Pohle Sales, Inc. Joe Rak Rex Distributing John Roach Royal Bev. Distrib. S'cot ~.ma n Refrigeration Seven Up Btlg. Co. Sunderland, Inc. Harem's Twin City Sales Heights Electric Anderson Aggregate W. H. Barber Oi 1 Case Power & Equip. Dunkley Surfacing Dunkley Surfacing Dunkley Surfacing Bert T. Hanson Const. Total Bills $ 59 04 135 38 5 60 89 28 2,201 36 9 92 5,276 24 334 8t 165 53 55 26 45 6O 1,758 45 16 2O 984 62 15 OO 55 35 29 41 380 75 34 80 1,396 40 31 35 359 38 234 37 583 OO 5,553 15 1 ,510 21. 771 33 1,984 O9 $75,633.54 Resolution Setting License Fees. A Resolution Setting License Fees for 197~ was offered by Jeska, seconded by Heintz, BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights that the following list of license fees (as per attached list) be set for 197~. Roll Call - All Ayes. Resolution Designating 37th Avenue from Main to Stinson as Part of Federal Urban System. Offered by Logacz, seconded by Jeska, WH~EAS, Congress of the United States through the Federal Highway Administration has requested the establishment of a new Federal Aid Urban System; and WHEREAS, the initiation of such system shall be a cooperative effort of the appropriate local officials and State Highway Departments; and p. 171 WHEREAS, technical representatives of Local and State transportation offices have jointly agreed upon an initial system of routes to recommend for designation in the new Federal Aid Urban System. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Columbia Heights requests the Commissioner of Highways to recommend to the Federal Highway Administrator the selection of roads and streets hereinafter described, located within the boundaries of the City of Columbia Heights as an initial and partial request for designation as part of the Federal Aid Urban System. Description of Routes: 37th Avenue N.E. from Main Street to Stinson Boulevard. Roll Call - All Ayes. Sign Permit, Immaculate Conception Church. A request was received from Mr. Grover Smith, representing Immaculate Conception Church, for a sign permit to place a sign advertising bingo games in back of their chain link fence on the parking lot on 4Oth Avenue. Motion by Heintz, seconded by Logacz that the Council concur in the recommendation of the Planning Conmission to grant the request for the permit, that the $5.00 permit fee be waived on the basis of a charitable organization. Roll Call - All Ayes. Councilman Land said he was not impressed with the thought of the sign going in on the property. He said it seems wrong that bingo games have to be pushed like that. He knows the money is well spent, but some of that money comes from people who cannot afford to make the donation. Hart Mobile Homes, 5050 Central. Representatives from Hart Mobile Homes were present with the plot plan of their property, complete with drainage pattern. They also requested extension of their special use permit to include the area acquired on the north and west side of the Superamerica Station for 1972. Motion by Jeska, seconded by Land to grant the extended special use permit for this operation which would extend the area of operation and would grant a waiver to allow an 8' fence along the westerly side of this property, to require that the area be completely blacktopped and they would conform to the Engineer's design for drainage, as recommended by the Planning Commission. Roll Call: Land, Heintz, Jeska, Logacz - Ayes. Nawrocki-N~y. The motion carried. p. 172 Sanitary Sewer Connection, 625 - 47th Ave. N.E. A request was received from Mrs. Ruth W. Graham, 625 - 47th Avenue for sanitary sewer connection. She said in view of expenses incurred by her on sanitary sewer assessments, and she can't connect to the sewer, it is up to the City to provide her with sewer to her house. The City Manager presented the Engineering Department plans. He said presently there is a sewer up the alley of sufficient depth to serve the property. There is a sewer in the front of the house, but the house is down so the sanitary sewer was not at a depth to connect for gravity flow from the house. The Engineers feel there could be an extension up the alley to a point just west of the house. The cost of this extension includ ng manholes would be $1600. Motion by Jeska, seconded by Heintz that the City Manager be authorized to proceed with the cost estimate of sewer service as outlined by the Engineering Department, to enter into an agreement with Mrs. Graham to pay a cost equal to what it would cost to connect into the sewer system on 47th Avenue, and that he be authorized to proceed with the installation of the sewer. Rol 1 Call - All Ayes. Lot Subdivision Request, Lot 35, Block l, Reservoir Hills. Mr. Howard Dumphy was present requesting Lot 35, (subj. to rd. and util. ease. over S. 10' & N. 30I) Block 1, Reservoir Hills be split into two lots: 1. N. 140' of Lot 35, (Subj. to rd. & Util. ease. over N. 30'). and 2. Lot 35, (Exc. N. 140') (Subj. to rd. & util. ease. over S 10'). Motion by Land, seconded by Jeska that the lot subdivision be granted, that outstanding special assessments in the amount of $3,554.64 be divided among benefited property, that the power line utility easement be noted. Roll Call- All Ayes. Lot Subdivision Request, Lot 7, Block 1, Reservoir Hills. Mr. Harley Stover was present requesting Lot 7, Block 1 , Reservoir Hills (Subj. to ~d & util. ease. over S. 30') be split into two lots: 1. South 130' of Lot 7 (subj. to rd. 7 util. ease. over S. 30') and 2. Lot 7 (except the south 130'). Motion by Jeska, seconded by Heintz that the lot subdivision request be granted, subject to splitting of special assessments, and that the need for the utility easements across the lot be made a matter of public record. Roll Call - A11 Ayes. p. 173 Beer License, 500 - 40th Ave. N.E. A request was received for a 3.2 beer license from Mrs. Beatrice Wantland for 500 - 40th Ave. N.E. A routine police check indicated Mrs. Wantland has a good reputation. It was noted Mrs. Wantland is not a resident of Columbia Heights andthe City Attorney said in the ordinance there is a requirement you must be a resident within 90 days. Motion by Jeska, seconded by Logacz that the license application be denied on the basis of non-residency. Roll Call - All Ayes. Lot Subdivision Request, Lot ll, Block l, Aud. Sub. of Walton's Second Sub. Hc~ard Dumphy was present requesting a lot subdivision for Lot 11, Block 1, Aud. Sub. of Waltons second Sub. Carl Hanson asked who was going to pay for the sewer? Mr. Dumphy said that had nothing to do with the subdivision and that will be discussed when the property is improved. Motion by Land, seconded by Jeska to table to matter for further information. Roll Call - All Ayes. Lot Subdivision Request for Lot ll, Block 2, Sheffield's Sub. A request was received from Harriet F. Johnston Munkelwitz to divide Lot 11 (Ex. N. 134.3') (subj. to rd. & util. ease. over S. 30'), Block 2, Sheffield's Subd. to 1. W. 55' of Lot li lying S. of N. 134.3' and 2. E. 50' of Lot 11 lying S. of N. 134.3' It was noted there were no outstanding special assessments. Motion by Jeska, seconded by Logacz that the subdivision request be granted. Roll Call - All Ayes. L_ibrary .Agreement. A recommendation was received from the Library Board to enter into a new contract for 1972 between the Columbia Heights Public Library and the Anoka County Library. It was noted this agreement is essentially the same as last year's. Motion by Logacz, seconded by Jeska that the Mayor and City Manager be authorized to enter into a Cooperative Agreement with the Anoka County Library. Roll Call - All Ayes. Report on Park Construction. The City Manager reported he contacted the Fridley City Manager and notif~d him of the revocation by our Council of the Park Construction blasting permit. He asked their cooperation in this matter. Jerry McDonald from Park Construction was present and said they have completed inspections up to a point. He proposed the Council re-issue their permit. p. 174 After a lengthy discussion of what has happened with the blasting and insurance inspections, a motion was made by Jeska, seconded by Heintz to table the request for re-issuance of the permit. He said he was in no state to work out the requirements at this late hour, and he said he wasn't sure they have complied with the original motion. It was suggested that the discussion be held next Monday evening and by that time notices can be sent to the other people. Roll Call - All Ayes. Resolution on K-Mart. BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights that the site plan as presented to the City Council by Malan Construction Company for the bui]ding of a K-Mart store at 4747 Central Avenue be approved and a building permit issued; that before the issuance of a Certificate of Occupancy the Council shall review the construction to insure that all the conditions as hereinafter listed shall be provided for. The following additional conditions are set in acting upon this request. Malan Construction Company is to provide: That the "Proposed K-Mart Plan RevisionsI' dated September 27, 1971 referring to contour plan, utility plan, sanitary sewers, and storm drains as prepared by E. G. Gustafson, Assistant City Engineer, which is attached hereto and marked I'Exhibit A" and the letter addressed to Ray Brandt dated October 29, 1971 as prepared by Earl G. Gustafson, Assistant City Engineer and marked "Exhibit B" are included and all conditions and points as raised shall be complied with. To provide, if required by the City Council, screening shrubbery adequate to divert the glare of headlights from the 47th Avenue and 49th Avenue access into the south windows of the property on the north side of 49th Avenue and the north windows of the property on the south side of 47th Avenue. To provide if required by the City, a sidewalk strip on the north side of 49th Avenue from Tyler Street to Fillmore Street. o To provide, if required by the City, a pedestrian over- pass or signals across the 49th Avenue access. o Supply signalization as referred, to in a letter dated November l, 1971 prepared by Charles A. Johnson and referred to as "Exhibit C" and attached hereto and to pay for same. o o p. 175 To provide easements in accordance with a survey as submitted to establish a right-of-way north of the center line of 47th Avenue from Central to the east line of the site plan as referred to in "Exhibit D" and attached hereto. Slope to be removed from the right-of-way of 47th Avenue as per "Exhibit D" In the event signalization is approved for 47th Avenue and Central, cost of signalization and widening of 47th Avenue from Central to Tyler Street to be borne by Malan Construction Company if so obtained after the building permit issuance and up to 18 months after Certificate of Occupancy is issued. Deacceleration lanes as referred to in "Exhibit C" to be provided at Malan Construction Company expense. 10. Landscaping and screening to be provided as in "Exhibit E" attached hereto. Fence to be installed as on construction drawing. ll. Malan Construction Company lease with Kresge to provide for sweeping and snow removal to keep area in a clean condition. 12. If signalization is obtained at 48th and Central, Malan Construction Company to bear cost of same. 13. Malan Construction Company to provide a bond or letter of credit in the amount of $50,000 to cover the costs of the above referred to conditions, and to be approved by the City Attorney of the City of Columbia Heights. 14. Malan Construction Company to extend water connections for Volkswagon and Shakey's Pizza from existing 6 inch main to new 10 inch main in the Central Avenue right-of-way at price not to exceed $450 per connection. 15. Malan Construction Company agrees that Malan shall comply with all requirements contained therein, and agree that they shall not seek court relief from any violation of any conditions by Malan as contained herein and specifically waive any claim that these conditions are a~trary, oppressive or in any manner in violation of law. 16. All access for construction shall be from Central Avenue, and 47th Avenue, and 49th Avenue access shall be used for only work thereon. Roll Call - All Ayes. iI p. 176 L i censes. Motion by He~ntz, seconded by Jeska that the 1 icenses as listed be granted upon payment of proper fees. Roll Call A ] 1 Ayes. Motion by Logacz, seconded by Jeska to adjourn at 2:33 a.m. Cal 1 All Ayes. Bruce G. Nawrocki, Mayor Roll Secretary to the Counci 1