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HomeMy WebLinkAboutJul 12, 1976OFFICIAL PROCEEDINGS REGULAR MEETING OF THE CITY COUNCIL CITY OF C¢~LUMBIA HEIGHTS JULY 12, 1976 The Meeting was called to order at 8:00 p.m. Roll Call: Logacz, Heintz, Norberg, Hentges, Nawrocki--present Motion by Norberg, Seconded by Hentges to name Karen DeBruin secretary for the meeting. Roll Call: All Ayes Invocation was given by Councilman Norberg. MINUTES OF PREVIOUS MEETINGS Motion by Hentges, Seconded by Logacz to approve the minutes of June 28 and June 29 as presented in writing, with correction as noted, and the reading be dispensed with. Roll Call: All Ayes PAYMENT OII' BILLS Motion by Heintz, Seconded by Logacz to pay the bills as listed out of their proper funds. Councilman Norberg questioned the bill for $1,250.30 for the City of Columbia Heights Housing Authority. It was noted that this bill was for salaries and the fountain in LaBelle Park. Roll Call on Motion: Logacz, Heintz, Hentges, Nawrocki--aye Norberg--nay SEAL COAT BIDS Mr. Watson noted that the low responsible bidder was Dunkley Surfacing and that the recommendation of award would be to Dunkley Surfacing for base bid plus cleaning and disposal of excess aggregate. Motion by Logacz, Seconded by Heintz to award the bid on seal coating to Dunkley Surfacing in an amount of $18,816.00 plus alternate bid C consisting of cleaning and disposal of excess aggregate and the Mayor and City Manager be authorized to enter into contract for same. Roll Call: All Ayes Mayor Na~rocki inquired as to whether the estimate on cost which had been given at the seal coat public hearing was in line with the costs received at this meeting. Mr. Watson replied that he expected the costs to be approximately the same and possibly under the estimates which had been given at the hearing. -285- July 12, 1976 CALL FOR BIDS ON TOW SERVICE Mr. Watson explained that an advertisement had been set up for bids on tow service to be opened Monday, July 26, at 2:00 p.m. He a]so noted that the present contractor, Shorty's Tow Service, had agreed to carry the contract an additional thirty days until the end of July. Mr. Watson explained that the bid would be awarded on the basis of past experience in the demand for tow service in category breakdowns. Motion by Hentges, Seconded by Norberg to authorize call for bids on tow service. Roll Call: All Ayes OTHER BIDS At this time, Mr. Watson reported that bids were being taken on the paintin9 of the service center and an airless paint sprayer and also the paintin9 of the exterior trim on the Library buildin9. Councilman Hentges inquired as to why bids were being taken on an airless paint sprayer. Mr. Gustafson, Public Works Director, replied that these bids were being taken to see what purchasing an airless paint sprayer and doing the work with city forces would cost in comparison to contracting the work out. Councilman Hentges noted that a paint sprayer had been purchased during the previous year and nobody was using it now. Mr. Gustafson noted that this sprayer was not presently in use because the one it had been purchased to replace was still in a usable condition. Counci]man Hentges suggested using this sprayer to paint the inside of the building. Mr. gustafson replied that the sprayer was operated by a gasoline engine and cou]d not be used inside a building. There was much discussion on the possibility of buying hose to attach the sprayer to the engine and leaving the engine outside to be able to paint inside the building. Mayor Nawrocki suggested that this alternative be checked. PLANNING AND ZONING RECOMMENDATIONS: WINCHELL DONUT HOUSE 3856 CENTRAL AVENUE NORTHEAST It was noted that the Planning and Zoning Commission had recommended granting a conditiona] use permit to Winche]]'s Donut House. Arden Hov]and, Services Director, noted that a new building was proposed for this site. Additiona] information on proposed plans was needed and this item was deferred until later in the meeting. July 12, 1976 -286- NORTH EAST SENIOR CITIZEN'S HOUSING CORPORATION 39TH AVENUE AND STINSON BOULEVARD Mr. Craig Anderson of Val Michelson and Associates, St. Paul, Minnesota, the architects for the proposed project, noted a number of things made senior citizen housing different than family housing. He also noted that this was the reason for the variances requested. Mr. Anderson explained that less than twenty five percent of senior citizens use cars,~d that following the City's ordinance of two parking stalls per living unit in a building would cause unneeded parking places around the building. He stated that, in his opinion, any parking over what was included in the plans would probably be un- necessary. Councilman Hentges noted that the project included thirty parking spaces and the ordinance required 168, as this would be an eighty four unit dwelling. He noted that this would be a variance of 138 spaces or 82.1 percent. Mr. Anderson reiterated that this many spaces would not be needed. Councilman Hentges asked what would happen on special occasions, such ~ holidays and birthdays, when children and friends came to visit. He noted that this could present a problem with the parking. Mr. Anderson replied that if a problem did arise concerning parking, the northwest rectangle of the lot could be converted to parking space. This land was presently proposed for use as a garden plot. Mayor Nawrocki asked how this project would be funded and it was explained that it was a federally funded project, which was presently under submission. Councilman Norberg asked if the ordinance pertinent to parking requirements could be met. Mr. Anderson replied that it could not. He noted that additional parking could be added, but there would not be room to add the number of spaces that would be needed to meet the ordinance. Councilman Norberg suggested lowering the number of units in the building. Mr. Anderson replied that doing so would make the project economically unfeasible. He again explained the difference between family living and senior citizen living as being the reason these variances were requested. -287- July 12, 1976 Councilman Norberg stated that perhaps with another configuration of building and lot it would be possible to comply without asking for variances. He noted that, in his opinion, inconvenience and aesthetic matters prevented compliance. Mr. Anderson explained that it was more than a matter of convenience and aesthetics. Councilman ~lorberg proposed that maybe the proposed site for this development was not the right place, that perhaps another site would be more suitable. Councilman Hentges asked about the percent of people in the building who would be using parking. Mr. Anderson again noted that it had been found that less than twenty five percent of senior citizens use cars. Counci]man Hentges suggested conducting a survey of area senior citizen deve]opments to see how much parking is actually needed~ for tenants and visitors. Councilman Norber9 noted that all the probe]ms seemed to stem from the fact that there are more units on the p]ot than the code calls for and as a result of there being more units, more variances were needed. Councilman Norberg added that it is more convenient to do this because it works out better economically. Mayor Nawrocki noted that he was as responsible as anyone for the higher standards incorporated in the ordinances and codes of the City. He also noted that he understands the difference between standard fami]y housing and senior citizen housing. Councilman Norberg stated that he thought the project should have been introduced as a Planned Unit Deve]opment instead of request for variances~ since he felt that no hardship had been proven. He reiterated that it was not a hardship but a matter of convenience and economics to ask for these variances. Councilman Norberg went on to say that an economic matter is not a hardship according to the ordinance. Mayor Nawrocki stated that senior citizen housing does not require the same things as housing for families. He also noted that the ordinance pertaining to this has a more conventional living style in mind. The Mayor also stated that it would be best to help the project instead of causing roadblocks. He noted that he shared the concern for the parking, but said that it was shown that if additional parking was needed it could be provided. July 12, 1976 -288- Motion by Logacz to approve the project as recommended by the Planning and Zoning Commission. Motion was seconded by Councilman Heintz. Councilman Hentges thought there should be an amendment to this motion to include the stipulation of opening the northwest rectangle for parking if the need became apparent. Mayor Nawrocki noted that this would be a part of the motion because it had been part of the planning and Zoning recommendation. Mayor Nawrocki stated that the formal motion would read: Motion by Logacz, Seconded by Heintz to approve the project as recommended by the Planning and Zoning Commission with the following variances: Lot area variance of 26,818 square feet or 17.5% Floor area variance of 66 square feet per unit or 11% for one bedroom units Required parking space variance of 138 spaces or 82.1% Location of loading berth variance Required loading berth variance of one and with the stipulation that the property on the northwest rectangle (north of vacated 39th Avenue) will be used for additional parking if needed at a later date and the City can require same. Councilman Norberg asked if it would be made a matter of record that the building was for senior citizens only. Mayor Nawrocki replied that he was not sure if this could be made a matter of record, because it may not be possible to limit the tenants to senior citizens only. He noted that it was a question of whether or not it was legal to do this type of thing. Councilman Norberg stated that the basis for the variances was that the development would be a senior citizen dwelling and if anyone would be allowed to live in the building the reasoning behind the variances would not apply. Mr. Anderson noted that the building was planned and built expressly for senior citizens and would not be available to anyone but senior citizens. Councilman Norberg stated that, in his opinion, to say thatnoone but senior citizens can live in a place is violating people's civil rights. Mr. Anderson replied that it is perfectly legal to stipulate who can live in a building and Councilman Norberg replied that it was not. Mayor Nawrocki also stated that it may not be possible to say who can and cannot rent a particular room. -289- July 12, 1976 Mayor Nawrocki added that he thought Councilman Norberg was asking a technical question, and that as a fact of the matter, no one else would want to rent it. Councilman Norberg stated that the fact of the matter was that it was not possible to restrict who could or could not live in a building such as this. Councilman Norberg asked the attorney for the City, Nick Casper, if the Council would be in violation of the ordinance regarding variances if these variances were granted. Nick Casper read the definition of variance from the zoning code. Some of the things which constituted hardship were noted as being shallowness of lot, shape of lot, exceptional topography, etc. Councilman Norberg stated that according to his interpretation of what the attorney had just read, economics did not fa]l under the hardship category, and variances could not be granted for this reason. Mayor Nawrocki stated that the matter of defining hardship was merely a subjective matter and that each man on the Council was entitled to his own opinion of it. Councilman Logacz noted that the Planning and Zoning Commission showed as much concern as Councilman Norberg, but that people must go on the assumption that things will work out because things in the future cannot be anticipated. Mr. Anderson noted that programs such as the one under discussion exist because of a hardship. He went on to say that there was a definite need for this type of housing, and something had to be done about it. Motion by Norberg to refer consideration of this project to the Planning and Zoning Commission for the purpose of reviewing it as a Planned Unit Development. Motion dies for lack of a second. Mayor Nawrocki repeated that the project needed support and help and did not need to be blocked. Councilman Norberg noted that he was not trying to road b]ock the project, but merely trying to see that it is carried out in the cleanest, most legitimate way possib]e. Mayor Nawrocki stated that Counci]man Norberg shou]d listen to the comments of the others on the Counci], because they had listened to his comments, even though they may have disagreed with those comments. July 12, 1976 -290- Roll Call on motion to approve the project as recommended by the Planning and Zoning Commission: Logacz, Heintz, Hentges, Nawrocki-- aye Norberg--nay Motion carries. WINCHELL DONUT HOUSE 3856 CENTRAL AVENUE NORTHEAST Motion by Norberg, Seconded by Logacz that the conditional use permit for Winchell Donut House, 3856 Central Avenue Northeast, be granted as recommended by the Planning and Zoning Commission. Roll Call: All Ayes Councilman Hentges noted that he would like to see something on the back of the lot besides weeds and bushes. He suggested the possibility of a concrete slope. There was much discussion on this subject. Mayor Nawrocki inquired as to whether the plan which was shown to the Council was a final plan. Arden Hovland replied that this was a site plan to show the conditional use. Mayor Nawrocki asked City Manager Watson if there would be further administrative review of the slope paving retention wall suggestion and Mr. Watson replied that there would be. ROBIN MOREAU 726 40TH AVENUE NORTHEAST It was noted that this request had been withdrawn. request had been to operate a beauty salon in the building at 726 40th Avenue. The BARRY LARSON 1715 FAIRWAY DRIVE Mr. Larson was requesting a side yard variance for a single car garage. It was noted that the position of the house on the lot and the terraced back yard creates a hardship that would justify this variance. Motion by Heintz, Seconded by Logacz that the variance be granted as recommended by the Planning and Zoning Commission subject to the condition that Mr. Larson put in footings as specified by the City Engineer. Roll Call: All Ayes JERRY LEE MEAD 4546 HEIGHTS DRIVE It was noted that this was a variance to construct a side porch five feet by five feet on the north edge of the house which would make the outer edge of the porch less than two feet from his neighbor's side yard. Motion by Hentges, Seconded by Heintz to grant the variance as recommended by the Planning and Zoning Commission. Roll Call: Logacz, Heintz, Hentges, Nawrocki--aye Norberg--abstain -291- July 12, 1976 Councilman Norberg noted that he had abstained in this vote because a hardship had not been proven. DALE RUSTOM 3932 MAIN STREET NORTHEAST It was noted that this request was for an eight foot variance to construct a garage on the back of the property. Because of several trees and rocks on the property, the garage could only be located twelve feet from the alley, instead of the twenty feet which are required. Motion by Hentges, Seconded by Heintz to grant the variance as recommended by the Planning and Zoning Commission. Roll Call: All Ayes Councilman Norberg stated that this request constituted a legitimate hardship. ST. MATTHEWS CHURCH 4101 WASHINGTON STREET NORTHEAST It was noted that this request had been withdrawn and would be brought up at a later time. JOHN KALAMANSKI 4033 6TH STREET NORTHEAST This request was for approval of proposed construction of a six foot basketweave privacy fence. It was noted that the neighbors indicated that they had no objections. Motion by Heintz, Seconded by Hentges to grant the special purpose fence as recommended by the Planning and Zoning Commission. Roll Call: All Ayes LION'S CLUB REQUEST TO HOLD 1977 JAMBOREE ON JUNE 14, 1977 TO JUNE 19, 1977 The Columbia Heights Lion's Club request consisted of holding the Jamboree on June ]4 through June 19, 1977, using the warming house at Huset for Bingo, and usin9 an area 250 feet by 500 feet minimum for carnival operation. The parade was proposed for June 17. Motion by Hentges, Seconded by Norberg to grant the Lion's Club request concerning the 1977 Jamboree. Roll Call: All Ayes July 12, 1976 -29 2I Police Chief Anderson noted that the 1976 Jamboree had been a very favorable one. RECESS 10:O5 P. M. RECONVENE 10:18 P. M. REPORT ON CENTRAL AVENUE URBANIZATION Mr. William Crawford, District Engineer with the Minnesota Highway Department was present with Mr. Borson, Sound Engineer also with the Minnesota Highway Department. Also present was Mr. A1Perez with the Minnesota Pollution Control Agency. Mr. Crawford, Mr. Borson, and Mr. Perez were present at the meeting to discuss the sound level limitations in the design for urbanization of Central Avenue. Mr. Crawford explained that there was an experimental section of roadway installed from the intersection of Highway 101 and extending behind the Chanhassen Dinner Theater to a bridge. This experimental surface is a type of porous mixture known as "popcorn mix." Mr. Crawford further explained that this is a type of open graded bituminous mix which had not been intended to be a sound control measure. It had been installed for skid resistence. He noted that this type of mix allows moisture to go down through the top layer and out through the sides. He noted that a problem with this occurs when the water is trapped by the curbs. Other problems result, he noted, when cracks in this surface are filled or when the "popcorn mix" runs into regular bituminous. He explained that little dams are formed and the water has no place to run. He also noted that there is severe deterioration at intersections where this mix is used. He stated that he would not care to experiment with something of this nature on Central Avenue in Columbia Heights. He noted that it would be better under more controlled circumstances where it would be easy to remove the "popcorn mix" if any substantial problems arose. Mr. Crawford stated that Mr. Borson had done sound level checks on the "popcorn mix" and had found that, although the sound levels of the area had initially been reduced, because of several passes over the mixture by traffic, the sound reducing qualities had been lessened. -293. July 12, 1976 Councilman Norberg explained that a slight increase in decibels would make sound carry farther. He noted that a difference of one or two decibels would make a big difference to people farther away from the source of the noise. Mr. Crawford explained that when "popcorn mix" cracks, it must be filled with impervious material, causing the dams which he had spoken of earlier. Mr. Crawford also noted that it had not been proven whether or not this type of road would be safe after an extended period of time. He noted that the safety of the people would be paramount. Councilman Norberg asked what could be done with the median strip or the boulevard and curb to reduce noise levels on a road such as Central Avenue. He stated that he would like to see some effort put toward obtaining this goal. He noted for an example that grass could be planted in the median strip for sound absorbing qualities. Mr. Perez explained the significance of cutting the decibel rate even a small number. He stated that reducing the decibel level by three would cut the area where the sound could be heard in half. In other words, if a noise could be heard four blocks away from its source; reducing the decibel ]eve] of that noise by three wou]d cut the area it would be heard to two blocks. Mr. Borson also noted that barriers such'as the ones which were earlier mentioned would be ineffective on a road such as Central Avenue because of the openings along the way. Hr. Perez further explained that using a porous asphalt could reduce the decibel ]eve] by three, four, or five. He a]so noted that the questions about safety and so forth have yet to be answered about this type of material. He added that the cost effectiveness was not an issue because porous bituminous was essentia]]y the same price as impervious bituminous. Dave Bolt of the Hinnesota Bituminous Pavers Association was also present and stated that an open graded mix which should be considered would be one which had been used on 35W and was made of taconite tailings. He noted that the number of this mix was 2361. He stated that a ]ot of the problems that are associated with ~'popcorn mix" don't apply to this kind of mix. He also stated that it has better endurance and comparable sound reduction qualities. Hr. Crawford agreed to report back to the Counci] to ]et them know what was being done regarding the Central Avenue Project. July 12, 1976 293a Mr. Crawford stated that this was true, but the reason for it was not known because there had not been enough tests performed. The suggestion was made to get samples of various mixes which could be used on Central Avenue and test them for their sound reduction qualities. It was noted that this was a quick method to study this aspect of the bituminous. Mr. Crawford noted that this would back the bid letting date to later in the year. Mayor Nawrocki noted that many delays in this project had already been experienced and everything possible should be done to see that this project is handled expediently. It was suggested that Mr. Crawford report back to the Council in two weeks. It was noted that there were no ordinances or resolutions or Traffic Commission recommendations. CHANGE ORDER ON WALDOR PUMP It was noted that this change order was in the amount of $600 to install four running time meters in the master control panel in the water department office. This would be to indicate the operating time of each pump and to equalize running time and show how much water is being used in the high zone of Columbia Heights to help evaluate demand conditions more effectively. Motion by Norberg, Seconded by Hentges to authorize a change order in the amount of $600 for four running time meters to be installed in the master control panel in the water department office. Roll Call: All Ayes SUBDIVISION REQUESTS Martha Lakotas of 1109 43rd Avenue was asking permission to subdivide her property, taking five feet from one lot and adding it onto another to make it a sixty foot lot. It was noted that there were no outstanding special assessments on this property. Motion by Hentges, Seconded by Norberg to grant the lot subdivision to Martha Lakotas of 1109 43rd Avenue. Roll Call: All Ayes 293b July 12, 1976 Mr. Nordness of 4401 Reservoir Boulevard was also requesting a lot subdivision. After reviewing the map of this proposed subdivision, the Council noted that this subdivision could not be granted because it would leave insufficient footage for a buiidable lot in an R-I District. Motion by Logacz, Seconded by Hentges to deny the request of Mr. Nordness of 4401 Reservoir Boulevard for a lot subdivision. Roll Call: All Ayes Mayor Nawrocki asked the Council if they would authorize expenses for him to attend the National League of Cities Conference. Motion by Heintz, Seconded by Hentges to authorize the funds for the Mayor to attend the National League of Cities Conference. Roll Call: All Ayes Earl Gustafson, Public Works Driector, noted that he had been informed that it was presently an opportune time to take bids on squad cars. He suggested taking bids for two squad cars at this time. Mr. Watson asked if the specifications were ready Mr. Gustafson replied that they were not but they could be ready in a couple of weeks. He suggested that bids could be opened on August 5 at 2:00 p.m. with a report to the Council on August 9. Motion by Heintz, Seconded by Logacz to authorize a call for bids on two squad cars. Roll Call: All Ayes Councilman Heintz noted that there was a parking problem on 45th and McLeod Street. He noted that a resident in this area could not get out of his driveway. Motion by Heintz, Seconded by Norberg to refer the parking problem on 45th and NcLeod to the Traffic Commission and the Park Board. Roll Call: All Ayes LICENSES Motion by Norberg, Seconded by Hentges to grant licenses as listed upon payment of proper fees. Roll Call: All Ayes July 12, 1976 -294- Mr. Watson noted that at the recent Staff-Council Round Table discussion, it was decided that the Council and Staff should try to get together on occasion. Mr. Watson suggested that the Council and Staff meet at 7:30 p.m. on July 14 to discuss the 1977 Budget and this date was set for the meeting. Councilman Logacz commented that when trees and shrubs are planted in the parks of the City, they should be watered. sufficiently. He noted that many shrubs and trees had been planted in LaBelle Park and they were in the process of dying because of the dry spell. Councilman Norberg stated that he would like to express gratitude to the City of Hilltop for agreeing to place a street light on 49th and Monroe. Councilman Norberg asked if there had been any claims on the insurance as a result of the July 4 fireworks. Mr. Watson noted that there had not been any claims, police or fire calls, or any reported injuries. Nick Casper, who was acting as attorney for the City in place of Ronald Kalina noted that Mr. Kalina was anxious to continue discussions on the City Code. Mayor Nawrocki noted that discussion should also be continued on the Affirmative Action Program. Mr. Gustafson noted that he was gathering information on tree ordinances. He stated that many other communities have tree ordinances that deal with control and maintenance of private trees. These ordinances also dealt with hazardous and nuisance trees, location and variety of trees. He asked if the City of Columbia Heights should incorporate these things into their tree ordinance. Councilman Heintz stated that he did not think all of these things should be put in. Mr. Gustafson was directed to suggest a policy on this matter. Motion by Heintz, Seconded by Logacz to adjourn at 12:47 a.m. Roll Call: All Ayes Secretary