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HomeMy WebLinkAboutApr 13, 1976OFFICIAL PROCEEDINGS SPECIAL MEETING OF THE CITY COUNCIL APRIL 13, 1976 -176- Meeting was called to order by Council President Heintz at 7:16 p.m. Roll Call: Logacz, Heintz, and Norberg--present Hentges and Nawrocki--absent It was noted that both Councilman Hentges and Mayor Nawrocki would be coming in to the meeting at a later time. Motion by Norberg, Seconded by Logacz to name Karen DeBruin secretary for the meeting. Roll Call: All Ayes STATEMENT OF PURPOSE OF MEETING City Manager Watson noted the purpose of this meeting as being to conduct public hearings on area storm drain construction to pick up drainage spots along back lot lines that require special attention beyond the scope of standard lateral storm drain construction in the streets. He noted the areas in question as being: Storm drain along the rear lot lines between 42nd Avenue Northeast and 42½ Avenue Northeast West of Fillmore Street; storm drain between 42½ Avenue Northeast and 43rd Avenue Northeast West of Fillmore Street; and the Storm drain North of 43rd Avenue Northeast East of Pierce Street. A map showing these areas was shown and explained to the people in attendance of this meeting. STORM DRAIN ALONG THE REAR LOT LINES BETWEEN 42ND AVENUE NORTHEAST AND 42½ AVENUE NORTHEAST WEST OF FILLMORE STREET Mr. Watson explained that this project was up for consideration last fall, but that it had been voted down for consideration at another time. He further stated that building permit applications were pending for some of the vacant lots in this area and that they were being withheld until something could be done to alleviate this drainage problem. Mayor Nawrocki entered the meeting. It was further stated that people who have land on higher ground where water drains into the low spots tend to think that there is no drainage problem, or that they should not be required to pay for any construction done to help correct the problem. It was explained that all people connected with the problem, whether they are contributors to the problem or affected by the water, must be assessed a share of the total cost of the project. -177- April 13, 1976 The estimated total cost of this construction would be $2,500. Mr. Watson suggested that consideration be given to charging on a per building site basis against the fourteen potential building sites. He stated that this would be in lieu of trying to assess according to number of front feet along each property owner's property. He also noted that some variation of this plan could be discussed. Mr. Watson concluded by noting that the construction proposal was essentially the same as when it had initially been proposed the previous fall. Councilman Heintz stated that, according to his figuring, the cost per building site would be about S165. Mr. Watson confirmed this, saying that the cost would be about $]65 or S]70 per building site. Mayor Nawrocki opened the floor to questions. It was asked where the cost estimates were obtained. Clayton Berg of the Engineering Department answered by saying that the estimates were prepared by the Engineering Department in accordance with average current contract prices. He further stated that the construction was attached to one of the bigger contracts and done at bid prices. Another member of the audience stated that there was a lack of understanding on why this project was needed. Mr. Watson answered by saying that the water that comes down off the higher property does not go to a permanent disposal site, but rather traps in the low lying properties in the area. One man asked about the proposed heighth of the drain. Clayton Berg stated that there would be about one foot of cover on the pipe. When asked about alternative plans to solve the drainage problem, Mr. Watson stated that the back yards involved in this problem could be filled in. He further stated that this was an unrealistic proposal because the yards would have to be filled beyond the top of a chain link fence that exists there. Mr. Watson noted that another alternative would be to construct a wall to stop the water from running down toward 42nd Avenue. He noted that this would be unreasonable and costly. April 13, 1976 -178- Someone asked if there was anyone besides the City of Columbia Heights who wanted this storm drain put in, or if anyone had petitioned for it. Mayor Nawrocki stated that the area in question had a drainage problem. He further stated that people who live on high ground seldom feel that there really is a problem in situations such as this one because they are not affected by standing water, wet basements, garages, etc. He noted that this is the type of problem which develops slowly and continually gets worse until something is done about it. He further noted that it would be more economical to do something about this problem now than when the problem gets out of hand. He stated that as the area develops, so will the problem. Councilman Logacz asked how long the water stands after a heavy rainfall or a flashflood. Mr. Watson stated that the water stands for a half of a day or maybe a day. Councilman Logacz asked who would be responsible if a child or someone tumbled into the standing water and drowned. Nick Casper, acting as the Attorney for the City, stated that the City is not compelled to remove this water, therefore they would not be responsible for anything like this which may occur. He further stated that it would be the responsibility of the private property owner. Someone from the audience noted that the water which occasionally does accumulate does not stay around very long and is quickly soaked into the ground. Councilman Norberg asked Mr. Watson if he thought there really was a serious drainage problem. Mr. Watson replied that the land is developing and eventually there would be a problem. He explained that the land would silt up, the pores in the ground becoming sealed with silt, and the water would no longer soak into the ground, but would remain standing. Councilman Norberg noted that if the storm drain was put in, there would be no way to prove that this theory is correct. Councilman Norberg appealed to the people to seriously reconsider their opposition to this project. He stated that the problem would probably get worse and would be more costly in the future to solve. Motion by Heintz, Seconded by Logacz to deny the construction of the storm drain along the rear lot lines between 42nd Avenue Northeast and 42½ Avenue Northeast West of Fillmore Street. Roll Call: All Ayes -179- April 13, 1976 STORM DRAIN BETWEEN 42½ AVENUE AND 43RD AVENUE WEST OF FILLMORE STREET Mr.. Watson explained that this drainage pocket lies further to the east than the previous one as Fillmore Street has a jog in it at 42½ Avenue. The development within the area has created a drainage problem to the rear and west of 1129 - 42½ Avenue. The water is trapped in this area and no physical means of providing surface drainage exists. The proposed drain would begin at the existing catch basin on 42½ Avenue and Fillmore Street, run west to the east property line of 1129 - 42½ Aw~nue, then north along the property line to a point ten feet south of the north property line, then west 110 feet to a point where grading to the catch basin can solve the problem. The estimated total cost for this construction is $5,000. Mr. Watson further noted that the cost would run approximately $400 per existing or potential building site (there are twelve building sites in this area) or approximately $7.50 per front foot. A person in the audience asked if the problem could be taken care of through grading. Mr. Watson answered that it could not, there would be much difficulty in trying to grade this area out. There was discussion concerning who should be assessed for this project if it were to be approved and why these people were the one, s to be assessed. A gentleman in the audience suggested that the money should be taken out of the general revenue to make improvements such as the ones under consideration at this meeting. Councilman Logacz stated that the only way to do this would be to raise taxes and the City was limited in the sense of trying to raise revenue. He stated that the City could not just raise taxes, that this type of thing was restricted. Councilman Logacz went on to say that the only fair way to go about this type of suggestion would be to reimburse all the monies that were assessed in the past with interest and then begin to use tax dollars for these kinds of improvements. Another problem with this system was noted as being having too many people petitioning for improvements. It was stated that people would be fighting for their own area to be improved before other areas, and that many unnecessary projects would be proposed. Councilman Logacz stated that some people may think it is socialistic or communistic to have all people pay for the benefit of a few. Motion by Logacz, Seconded by Heintz to authorize the City Manager to proceed with this project (Storm Drain between 42½ Avenue and 43rd Avenue West of Fillmore Street) Roll Call: All Ayes. April 13, 1976 -180- STORM DRAIN NORTH OF 43RD AVENUE EAST OF PIERCE STREET Mr. Watson described the situation in this area as having created a drainage pocket at the rear of 1315 43rd Avenue. He noted that there were two alternatives which could be utilized to solve this problem. The first alternative would be the installation of a storm drain from 43rd and Pierce Street to the northwest property corner of 1315 - 43rd Avenue. The estimated cost of this project provided easements could be obtained would be just over $8,000. The other alternative would be the construction of a concrete drainage swale from the northeast corner of 1315 - 43rd Avenue approximately 150 feet west along the rear property lines to a point where adequate drainage grade is available. This would require easements from the properties involved and the possible relocation of the fence at 1315 - 43rd Avenue. The estimated total cost for this construction would be about $1,500. Mr. Watson further noted that the property owners adjoining this trough must be aware that they are to assume some responsibility for cleaning ice or snow from the structure when thawing occurs and water begins to build up. They must be sure to see that this swale is always clear of debris. Mr. Watson stated that the most logical and economical answer would be the second alternative, the construction of a swale. Mr. Watson went on to say that this would be an approximate total cost of $1,500 divided between the sixteen properties which could be assessed. Someone in the audience asked where the water was holing up. The man who lives at 1315 - 43rd Avenue spoke and said that the water was holing up in his yard and in the yard at 1309 - 43rd Avenue. When asked if this problem was serious, this man stated that he could not walk in his garden or back yard because there was ankle deep water there. Mr. Skalicky of 1234 - 43½ Avenue stated that there was water in his garage and basement. Much discussion followed on exactly where the swale should be placed. Motion by Logacz, Seconded by Heintz to authorize the City Manager to proceed with this project. (Storm Drain North of 43rd Avenue East of Pierce Street) Roll Call: All Ayes -181- April 13, 1976 RESOLUTION 76-21 ORDERING IMPROVEMENTS Resolution Offered by Norberg, Seconded by Heintz, Roll Call: Alii Ayes BEING A RESOLUTION ORDERING IMPROVEMENTS BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights, WHEREAS, the City Council of the City of Columbia Heights by Motion on the 22nd day of March, 1976 ordered notice of a hearing to be given to property owners, and WHEREAS, pursuant to a notice of hearing certain residents appeared at a Council meeting on the 13th day of April, 1976, and WHEREAS, the Council determines to proceed with this local improvement, a portion of the cost being defrayed by special assessments under Charter provisions. NOW THEREFORE, IT IS HEREBY RESOLVED: That the location and extent of such improvements is as follows: Storm Drain structures for the fo]lowing two areas: North side of 42½ Avenue west of Fillmore Street and Between 43rd and 43~ Avenues east of Fillmore Street That the materials to be used are as follows: Concrete storm sewer pipe and apportenances and concrete spillway apron That a careful estimate of the cost of the improvements has been made by the City Manager and the several lots and parcels of ]and fronting upon and adjacent to such proposed improvements, which be deemed benefited thereby, were properly notified of said hearings, and 4. That the City Manager shall also list the names and owners of the several parcels so improved as nearly as can be ascertained. 5. These improvements shall also be known as Project No. 706 April 13, 1976 -182- Continued meeting of April 12 was called to order at 9:37 p.m. Roll call: Logacz, Heintz, Norberg, Nawrocki--present Hentges--absent It was noted that Councilman Hentges would join the meeting after the Housing Authority meeting adjourned. Motion by Logacz, Seconded by Heintz to name Karen DeBruin Secretary for the meeting. RESOLUTION 76-22 REGARDING NOISE LEVELS Resolution Offered by Norberg, Seconded by Logacz. Roll Call: All Ayes BEING A RESOLUTION SETTING HIGHWAY NOISE LEVELS TO PROTECT THE PUBLIC HEALTH AND WELFARE IN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights, that WHEREAS, the public health and welfare is known to be materially affected by residential, commercial, and industrial noise levels, and the United States Environmental Protection Agency has accordingly set appropriate Community Noise Criteria for application by other units of government, and WHEREAS, The Minnesota State Pollution Control Agency has set criteria for community noise consistent with those of the U.S.E.P.A., and WHEREAS, the City of Columbia Heights has incorporated these criteria into its zoning code, for enforcement throughout the City, and WHEREAS, the City has agreed to jointly participate with the Cities of Hilltop and Fridley, Minnesota, and with the Minnesota Highway Department in an Urbanization Project involving a main thoroughfare through the City immediately adjacent to residential and commercial areas, known as S.P. 0207~14 & 35, and WHEREAS, the Federal Highway Administration of the U.S. Department of Transportation, in its approval of the Design Study Report on this project has granted an exception to the Federal Highways Design Noise Levels criterion, but has not specified any other criterion, and WHEREAS, transportation noise has been designated a Major Source of Environmental Noise Requiring Abatement by the U.S.E.P.A., and -183- April 13, 1976 WHEREAS, the City has taken noise surveys of the affected area, NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Columbia Heights deems it necessary to the public health and welfare that the noise environment in the affected area shall not deteriorate and should be improved, and that accordingly the design of this project shall incorporate porous asphalt overlays and other alternative construction features, structures, and methods so that the design of the project in the City shall meet MPCA Noise Criterion NPC-2 in the adjacent areas, and BE IT FURTHER RESOLVED, that all aforementioned agencies and participants in the project shall be so notified. FIRST READING OF ORDINANCE 848 Ordinance 848 being an ordinance amending Ordinance $]8 and relating to non conforming uses was read by City Manager Watson. HOME OCCUPATION PERMIT MARY E. WAIT Mary Wait had applied for a home occupation permit for the purpose of holding ceramics classes in the basement of her home at 5262-6th Street. It was noted that the inspections had been made on the property and that Mary Wait would conform to the suggestions by the fire inspector. Motion by Heintz, Seconded by Logacz to grant a home occupation permit to Mary E. Wait of 526216th Street to hold ceramics classes in the basement of her home. Roll Call: All Ayes At this time, Mr. John Moneta came before the Council to see what was being done in regard to his request to move his house #233 from 42nd .Avenue to 3843 Main Street. Mayor Nawrocki informed Mr. Moneta that the Council had discussed the need for a new ordinance. He also told him that the first reading on this ordinance had just been held. Mayor Nawrocki stated that the attorney's opinion of the matter was that there was no need for Council approval of this request, but the Council disagreed with this opinion. He also told Mr. Moneta that the Council was not in favor of relocation of the house. He further stated that the new ordinance would not go into effect until thirty days after the second reading of the ordinance. Councilman Norberg asked the attorney what Mr. Moneta~s position would be in this case. Nick Casper, acting as Attorney for the City, stated that Mr. Moneta could approach the bul]ding inspector for a permit, and if he obtained a licensed mover to move the house and complied to other restrictions, it would be up to Mr. Hovland, the building inspector, whether or not to issue the permit. April 13, 1976 -184- APPOINTMENTS TO COMMISSIONS AND BOARDS Motion by Heintz, Seconded by Norberg to concur in the reappointments of: Reverend Wesley Forsline Human Rights Commission JoAnn Melin Park Board Harry Dedering Library Board Roger Stenberg Planning and Zoning Commission Donna Ingvarsson Library Board Richard Dustin Recreation Commission Robert King Merit Commission Frank Breen Traffic Commission Roll Call: All Ayes Mayor Nawrocki stated that he would like Vernon Moore reappointed to the Police and Fire Civil Service Commission. Motion by Heintz, Seconded by Norberg to concur in the reappointment of Vernon Moore to the Police and Fire Civil Service Commission. REPORT ON MAINTENANCE CONTRACT FOR HEATING AND AIR CONDITIONING Mr. Watson reported that Mr. Ray Hienzen of Building Services, Incorporated offered to make an agreement with the City concerning the care and maintenance of the heating and air conditioning systems. This agreement would include checking the systems six times each year, starting air conditioners and heating systems at the appropriate times, and various other maintenance. This agreement would not include major repair work and the cost to the City would be $3,864 per year. Mr. Watson further noted that the City had been utilizing Dick Gill of the Sewer and Water Department for this purpose but that Mr. Hienzen was making a reasonable offer. Mayor Nawrocki informed Mr. Watson that he must locate other informal bids on this item. Mr. Watson replied that he would begin looking into the matter. PETITION FOR ALLEY IMPROVEMENTS Some individual property owners in the alley running east and west between Peter's Place and the alley west of Reservoir Boulevard have requested that the City repair and seal coat the alley behind their properties. Mr. Watson recommended that this project be included in the public hearings for other sealcoat projects being proposed for 1976 when the list is prepared. Mayor Nawrocki suggested that a letter be sent to the petitioner. -185- April 13, 1976 Motion by Norberg, Seconded by Heintz to accept the petition and pi,ace it on file. Ro11 Ca]]: All Ayes LATE REQUESTS Councilman Heintz noted that Pat O]ynyk, who is in charge of the Miss Columbia Heights Queen Contest in conjunction with the ]976 Columbia Heights Jamboree, is running into some financial trouble. He requested that the Council appropriate Ms. O]ynyk $500 toward the expenses incurred in setting up this part of the Jamboree. The City Attorney was consulted as to whether this is a legitimate expense and he replied that it was. Motion by Heintz, Seconded by Logacz to appropriate $500 as the City participation in the Miss Columbia Heights Queen Contest in conjunction with the Jamboree. Roll Call: Logacz, Heintz, Nawrocki--aye Norberg--abstain Mayor Nawrocki then referred to the letter addressed to him dated April 6, 1976 from the Suburban Hennepin County Area Vocational Technical Centers outlining a proposal for the City of Columbia Heights Fire Department to participate in a fire training facility. The: annual cost would be $1,5OO. Mayor Nawrocki suggested that the Fire Chief, Fran Basset, be consulted concerning this proposal and that it be placed on a future agenda for further consideration. LICENSES Motion by Heintz, Seconded by Norberg to grant license applications as ]isted upon payment of proper fees. Roll Ca]]: All Ayes Councilman Hentges entered the meeting. OLD AND NEW BUSINESS Discussion centered around the item from the Planning and Zoning Commission meeting regarding the proposed addition to the SepKo Building on 39th and Jackson Street. It was noted that the older part of the building extends onto the City right-of-way, and that SepKo must obtain some sort of agreement with the City in order to place the proposed loading dock facility onto this piece of land. Motion by Norberg, Seconded by Heintz to deny the request of SepKo to use the City right-of-way in their construction project. Roll Call: Norberg, Heintz--aye Logacz, Hentges, Nawrocki--nay April 13, 1976 -186- Motion by Hentges, Seconded by Logacz to allow the H. B. Fuller Company (SepKo) to place a temporary loading dock facility in the platted, unopened public alley north of 39th Avenue. The City Attorney recommended that the Council consider tabling this item until it could be researched by the Staff and Attorneys. Motion by Heintz, Seconded by Norberg to table further consid- eration of this item. Roll Call: All Ayes It was noted that a motion to table takes precedence over any other motion before the Council. At this time, Councilman Norberg brought up the question of the voting machines and the materials used in connection with them. He stated that there seemed to be a developing difficulty in respect to keeping these machines up to set standards and getting materials for them. He also stated that John Schedler, Finance Director for the City, had mentioned the possibility that the use of the Votomatics may have to be discontinued. It was noted that the Council would like a report in writing from John Schedler on this item. Councilman Heintz then asked Councilman Hentges to bring up the item of two-hour parking signs down 5th Street from Summit Street south to Mill Street and Lookout Place at the Traffic Commission meeting. Motion by Logacz to table the balance of the meeting. The motion was not recognized. Motion by Heintz, Seconded by Norberg to adjourn at ll:O0 p.m. Roll Call: All Ayes Bruce G. Nawrocki, Mayor