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.
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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