HomeMy WebLinkAboutApr 13, 1976OFFICIAL PROCEEDINGS
SPECIAL MEETING OF THE CITY COUNCIL
APRIL 13, 1976
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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.
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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
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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
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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
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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.
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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
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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