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HomeMy WebLinkAboutSept 13, 1976OFFICIAL PROCEEDINGS REGULAR MEETING OF THE CITY COUNCIL CITY OF COLUMBIA HEIGHTS, MINNESOTA SEPTEMBER 13, 1976 The Meeting was called to order at 8:01 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 Mayor Nawrocki greeted Reverend Gilbertson of First Lutheran Church and stated that Reverend Gilbertson would be retiring soon, so this may be his last invocation at a Council meeting. Reverend Gilbertson thanked the Council for the experience of living and working in Columbia Heights and proceeded to give a brief invocation. MINUTES OF PREVIOUS MEETINGS Motion by Logacz, Seconded by Hentges to approve the minutes of August 23, August 24 (with corrections as noted), and the special meeting of September 1 as presented in writing and the reading be dispensed with. Roll Call: All Ayes PAYMENT OF BILLS Motion by Heintz, Seconded by Logacz to pay the bills as listed out of their proper funds. Mayor Nawrocki noted that this motion should delete bill number 18104 to Northwestern Bell Telephone from the list. Motion by Norberg, Seconded by Hentges to delete bill number 18104 from the list of bills. Roll Call: All Ayes Motion by Norberg to remove bill number 18Oll from the list of bills. Councilman Hentges seconded the motion for purposes of discussion. Councilman Hentges asked Councilman Norberg why he wanted this bill deleted and he replied that he did not feel the expenditures were coming out of the proper funds. It was explained that bill number 18Oll was to the HRA for operating expenses of the LaBelle Park fountain, interns' salaries, and one half of the secretary's salary and benefits. There was some general discussion on this bill. Roll Call on Motion to delete number 18011: Norberg--aye Logacz, Heintz, Hentges, Nawrocki--nay Motion is defeated. Roll Call on Motion to pay bills as listed out of their proper funds, with the exception of number 18104, which is to be deleted: Logacz, Heintz, Hentges, Nawrocki--aye Norberg--nay Motion carries. -336- September 13, 1976 PUBLIC HEARING--PLATTING OF "COLUMBIA COURT" City Manager Watson asked that this item be tabled to allow time to send a plan of the proposed platting with a cover letter to prop- erty owners within three hundred feet of the property in question, which was formerly the Minar Ford property located next to Dunkin Donuts on Central Avenue. Motion by Hentges, Seconded by Heintz to table the public hearing for the platting of 'lColumbia CourtI' until the next regular meeting. Mayor Nawrocki asked why this public hearing had been called. Mr. Watson explained that it had been an item on the Planning and Zoning and Traffic Commission agendas and was advertised to come before the Council at the request of Mr. George Walquist who has been working on various proposals for the development of this land. Mayor Nawrocki noted that a request for platting is to come first before the Council, who will then refer it to the City Engineer and Planning Commission for their review. He stressed that the Council should ca]] for the hearing. Mayor Nawrocki also noted that notices of the hearing with an explanation of what is being considered should go to property owners within three hundred feet. Roll Call on Motion to table: All Ayes BIDS ON JEFFERSON STREET SLOPE RECONSTRUCTION Mr. Watson reported on the Iow bidders on sections A and B of the bid. On Section A, the east slope construction, the low bidder was Hardrives, Incorporated, in an amount of $39,O20.81. On Section B, the timber retaining median slope, the low bidder was All American Recreation and Sales in an amount of S24,953. Councilman Heintz wanted to know what kind of supervision the contractors would be given by the City staff to be sure they didn't tear up the sites and leave them for an extended period of time. He wanted to be sure that the contractors followed as closely as possible to the time schedules that they had given in their bids. Mayor Nawrocki was also interested in knowing how to ensure the work would progress as scheduled. Councilmen Hentges and Heintz stated their opinions that the contract should be written differently to include some type of 'penalty clause' if the work is not completed as anticipated. George Brown, City Engineer, noted that the dates in the bids were the dates as decided upon by the bidder after they had been told that the dates would be of primary concern. Mayor Nawrocki stated that the policy direction to the City Manager would be this: the Council expressed strong concern over the time in which the work on the walls would be carried out. September 13, 1976 -337- They didn't want any appreciable part of the ground left open for any appreciable length of time and that the work be completed in an orderly and timely fashion. Councilman Logacz stated that contractors should be impressed with the idea that if they are awarded a contract and donlt follow through on their suggested time table, the next time they submit a bid, they won't be awarded the contract even if they are low. Motion by Hentges, Seconded by Heintz that Bid A on the Jefferson Slope Reconstruction be awarded to Hardrives, Incorporated, in an amount of $39,O20.81 and Bid B be awarded to All American Recreation and Sales in an amount of $24,953, both based on low competitive bid and the Mayor and City Manager be authorized to enter into contracts for same. Roll Call: All Ayes FIRST READING OF ORDINANCE 855 REZONING 4357 THIRD STREET FROM R2 to R3 It was noted that this rezoning was approved by the Planning and Zoning Commission. First reading of Ordinance 855 was held. Mayor Nawrocki noted that the second reading would be held at the next regular meeting of the City Council and would constitute a public hearing, so all citizens near this area should be notified again. ORDINANCE 854 RESTRICTING ALCOHOL USAGE IN PARKS Mr. Dave Torkildson, Superintendent of County Parks, was present to explain the proposed County ordinance, the second reading of which would be held on Tuesday, September 14. He noted that alcohol usage would be restricted on County park parking lots and one hundred feet radius from the lots. He noted that this would prevent the kinds of things that are presently occurring at Kordiak County Park, with many people having parties in and near the parking lot. He further explained that it was studied by law enforcement experts and decided that this kind of conduct would not spread into the park, but would still allow for family groups and other small groups of people to go into the park with beer or liquor. Mr. Torkildson stated that he is convinced this ordinance will help to eliminate the problems existing in the County park in Columbia Heights. Mr. Torkildson noted that he would like the City of Columbia Heights to eliminate the word "county" from their proposed ordinance relating to restricting alcohol in the parks. He explained that he would like to be able to give the County ordinance a chance to show its effectiveness without totally banning alcohol in the county parks. -338- September 13, 1976 Mr. Andrew Ostazeski of 1720 49th Avenue, Mr. Ronald Sawchuk of 1730 49th Avenue, and Mr. John Bechto]d of 1800 49th Avenue were all present to voice their displeasure with the proposed county ordinance and to tell of some of the problems they face because of the parties in Kordiak County Park. A lengthy discussion fo]lowed between these people, Dave Torkildson, and the Council. The people alon9 49th stated their reasons for opposin9 the County ordinance and Mr. Torkildson stated his reasons for believin9 the proposed ordinance, if put into effect, would do an effective job to alleviate the problems occurrin9. Councilrnan Logacz stated that the County is well meaning in it's. intentions to try to controt the problems existin9 in the parks. Dave: Torkildson stated that the County would be willing to amend their ordinance or pass a new one with stricter controls if this ordinance did not do the job it was intended to. City Attorney Kalina that if the County ordinance was passed, and the City ordinance was passed inc]udin9 the County parks, there may be some problem as to which ordinance would have jurisdiction over the park. He said it was likely that the County ordinance would supercede the City ordinance. Mayor Nawrocki asked if the City's ordinance had been to the Park Board for their review. Mr. Watson replied that it had not. Dave Torkildson stated that he would suggest that a 9:30 limit be [)ut on drinkin9 in Kordiak Park. Mayor Nawrocki stated that Mr. Torkildson had heard all of the discussion, arguments, and concerns of the people in respect to the proposed County ordinance. He suggested that he present this information to the County Board. Mayor Nawrocki also stated that the City ordinance should go to the Park Board for their review. He suggested further consideration be given to permitting procedures and other technicalities, with a report back to the Council at their next meeting. Motion by Norberg, Seconded by Heintz that the hearing on this ordinance be continued until after the Park Board has had a chance to review this and request them to give consideration to the possibility of short notice permits issued by the Police Chief for parties of less then twelve adults for family gatherings and bonafide local organizations. Roll Call: All Ayes PLANNING AND ZONING ACTIONS: HOUSE MOVING--4110 WASHINGTON STREET TO 3900 MAIN STREET CARL HEDLUND Motion by Hentges, Seconded by Heintz to allow a twenty foot variance for lot width to move the house at 4110 Washington Street to 3900 Main Street as recommended by the Planning and Zoning Commission. Roll Call: All Ayes September 13, 1976 -339- HOME OCCUPATION PERMIT FOR A BEAUTY SHOP DIANE INGVALDSON 4762 STINSON BOULEVARD Mr. Watson noted that these property owners wanted to have their permit before they started remodelling work for the facilities that would be needed. Mayor Nawrocki noted that this permit has to be renewed every year on January 1 and Mrs. Ingvaldson stated that she was aware of this. Motion by Norberg, Seconded by Heintz that the home occupation permit for a beauty shop at 4762 Stinson Boulevard be granted as recommended by the Planning and Zoning Commission. Roll Call: All Ayes LOT SUBDIVISION 1221 4Oth AVENUE DAVID STEVENSON There was some discussion on the lots and the problems which may occur because of the topography. Motion by Heintz, Seconded by Logacz that the lot subdivision be granted to David Stevenson at 1221 40th Avenue as recommended by the Planning and Zoning Commission. Roll Call: All Ayes REQUEST FOR VARIANCES ROBERT JOHNSON 4911 EAST UPLAND CREST Motion by Logacz, Seconded by Heintz that the eight foot side yard variance and the sixteen foot rear yard variance be granted on the recommendation of the Planning and Zoning Commission. Roll Call: All Ayes Councilman Norberg stated that the justification for the variances is the irregular size of the lot. RECESS 10:46 P. M. RECONVENE ll:04 P. M. BIDS ON PAINT FOR SERVICE CENTER Earl Gustafson, Public Works Director, stated that he had sent out twenty invitations to bid on paint for the exterior of the service center to local and area vendors of paint. He noted that he had only one response from a local bidder. Mr. Gustafson explained that he would recommend award of bid to P.P.G. Ind. Inc., the second low bidder, because they could deliver the paint quickly. Councilman Heintz asked if this could be done and the City Attorney noted that it could be done because length of time was a significant specification. -340- September 13, 1976 Motion by Hentges, Seconded by Norberg to award the bid on paint to P.P.G. Ind. Inc. in an amount of $1,901. on the basis of time and low responsible bid. Roll Call: Logacz, Norberg, Hentges, Nawrocki--aye Heintz--nay WORDING OF SPLIT LIQUOR REFERENDUM City Attorney Kalina noted that the wording of the referendum was dictated by state law. CONSIDERATION OF VOTE TO EXCEED LEVY LIMITS FOR TREE REMOVAL AND REPLACEMENT Mayor Nawrocki noted that he had brought up the matter of the possibility of this type of levy at a recent budget session. He stated that something should very definitely be put on the ballot regarding this levy. He spoke briefly of the problem of Dutch Elm disease. Mayor Nawrocki stated that there is a possibility that the Legislature would appropriate an amount of money for Dutch Elm programs. He also noted that he would strongly recommend amending the levy for the City of Columbia Heights to include this levy if it was approved by the voters. He went on to say that he would like to suggest a levy in an amount of $75,O00. He stated that the money had to be used for the purpose with which it had been levied and any money not used in one year could be carried over to the next year. A city does not have to levy the full amount requested, the amount cannot be exceeded, however. Motion by Logacz, Seconded by Heintz that the Council authorize a question to be put on the November 2 ballot to allow the City Council to levy in addition to the levy limits in an amount of up to $75,OOO a ,fear for shade tree disease eradication and replacement. Councilman Norberg asked if there would be a time limit as to how long the levy could be in effect. The Mayor explained that, according to his understanding, once the levy is granted, it becomes an on-going authority. He stressed that this does not necessarily mean the full amount will be levied or even that there will be a levy at all. He stated that it takes specific Council action each year to decide how much, if any, will be levied. Councilman Logacz stated that he was in favor of this proposals and noted that $75,000 was a modest amount. He said Dutch Elm disease and related problems were a major concern. Councilman Norberg stated that he was in favor of a vigorous program of shade tree disease control but he noted that he did not fee] this money was needed. He mentioned the excess in the City's General Fund. September 13, 1976 -341- Mr. Watson noted that the excess in the General Fund is needed for carry-over into the 1977 ~udget, because receipts do not come in until about March. Roll Call on Motion: Norberg--nay Motion carries. Logacz, Heintz, Hentges, Nawrocki--aye TRAFFIC COMMISSION ACTIONS: RECOMMEND REMOVAL OF STOP SIGN FROM CHATHAM ROAD AT GOLF PLACE AND PLACE A STOP SIG~ AT GOLF PLACE Councilman Hentges explained that wintertime drivers frequently have to break the law and run the stop sign to be able to make it up the hill on Chatham Road, or because they can't stop at the bottom of the hill on Chatham. Motion by Norberg, Seconded by Hentges to concur in the Traffic Commission recommendation to remove the stop signs From Chatham Road and place a stop sign at Golf Place. Motion by Logacz to amend the original motion to remove the signs on Chatham in the wintertime. Motion to amend dies for lack of a second. Motion by Heintz to leave stop signs on Chatham and place one on Golf Place. (This is a substitute motion.) Substitute motion dies for lack of a second. Mayor Nawrocki 0oted that he would argue against the main motion because a public hearing had previously been held, with the citizens in the area being very much in favor of stop signing on Chatham Road to slow the traffic. He said he could not vote for the Traffic Commission recommendation without some citizen input. Councilman Hentges suggested holding a public hearing at the next meeting of the Traffic Commission. Motion by Norberg, Seconded by Hentges to refer the matter of stop signs on Chatham Road and Golf Place to the Traffic Commission for the purpose of holding a public hearing. Roll Call: All Ayes FOUR WAY STOP SIGNS ON 39TH AVENUE AND JEFFERSO~I STREET Motion by Hentges, Seconded by Heintz that a four way stop sign be authorized for 39th Avenue and Jefferson Street. Roll Call: All Ayes CONSIDERATION OF A MARKED CROSSWALK ON JACKSOq STREET BY ICS Councilman Hentges noted that this request was for the safety of the children at Immaculate Conception School when they go across the street to the playground. A flasher would also be used during the recess times when the children would be crossing the streets. -342- September 13, 1976 Motion by Hentges, Seconded by Logacz to grant the request for a crosswalk on Jackson Street by Immaculate Conception School as recommended by the Traffic Commission. Roll Call: All Ayes AUTHORIZATION OF A TEMPORARY EMERGENCY ROUTE ON 7th STREET Councilman Hentges noted that this request was due to the construction on Jefferson Street, the usual emergency route. Motion by Hentges, Seconded by Norberg to authorize 7th Street as a, temporary emergency route while Jefferson Street is under construction and eliminating the parking from the east side of 7th Street from 47th Avenue to 48th Avenue during this time. Roll All Ayes REQUEST FOR '~DO NOT BLOCK DRIVEWAY" SIGN FOR 3968 CENTRAL AVENUE Councilman Hentges noted that Anoka County office patrons park in this driveway. Motion by Hentges, Seconded by Heintz that a "Do Not Block Driveway~ sign be authorized for 3968 Central Avenue. Roll Cai]: All Ayes Don Johnson, Fire Chief, was present to ask the Council permission to use the former Tema property at 627 38th Avenue for fire drills. Motion by Hentges, Seconded by Norberg to deny the request to use the property at 627 3$th Avenue for fire drills. Roll Call: All Ayes Councilman Hentges noted that the Council had not yet decided how the house and property should be used. CONSIDERATION OF ACQUIRING TAX FORFEIT PROPERTY Mr'. Watson presented the Council with a list of properties which had gone tax forfeit. After he discussed each property, it was decided to ac:quire all but one of the seventeen properties, the justification being to recover some of the tax lossed incurred on them. Motion by Norberg, Seconded by Heintz to authorize the City Manager to contact the County regarding the acquisition of tax forfeit properties. Roll Call: All Ayes Several subjects were brought up under "Old and New Business.~' Among these were several trees suspected of having Dutch Elm disease, rain damage to the Field House roof and how the contractor will compensate, status of the Highway 65 Urbanization. September 13, 1976 -343- A written report was requested on the noise from Minneapolis Electric Steel Castings because of their doors being open in the very early hours of the day, which causes the noise from that plant to be heard for a great distance. A written report was also requested on the crack in the driveway at 3960 McKinley. There was some discussion on research work being done on split liquor ordinances and systems. Mr. Watson reported that a questionaire had gone out to several communities with split liquor. The Council expressed their desire to have a newsletter type of publication go out to Columbia Heights citizens to tell them how split liquor would be handled if the referendum were passed. Mayor Nawrocki asked for a report on the applicability of Home Rehabilitation Loan program funds for owners on Hayes Street to help pay for the assessments connected with the construction work there. A report was also requested on whether or not easements were obtained on the Monroe Street 45th to 46th Avenue project. Mr. Watson reported that he was gathering data on the Attorney Retainer subject. There was a brief discussion of a sidewalk in the area of 4000 Second Street. Since there had been no interest except from the owner at that address, it was decided not to hold a hearing on the subject of placing a sidewalk in that area. It was noted that Mayor Nawrocki gave the application and information material relative to FAU submittals to the City Engineer. The Council expressed their desire in having 37th Avenue from Central Avenue to University Avenue put on the FAU system. Mayor Nawrocki noted that the City Clerk in Hilltop indicated that the City Council in Hilltop has agreed on the rates that were discussed on the police contract. It was noted that Mr. Urspringer on Hayes Street was concerned about the status of his embankment. Mayor Nawrocki stated that an informal meeting should be held on Hayes Street to talk about the banks and construction there. This meeting was set for 5:30 on Thursday, September 16 at 37th and Hayes Street. City Engineer Brown asked for authorization to purchase Scotch Lite street name faces at $2.84 each. The total would be approximately $1,400. Motion by Hentges, Seconded by Logacz to authorize the City Manager to purchase Scotch Lite street signs. Roll Call: All Ayes -344- September 13, 1976 John Kennedy of 3722 Hayes Street wanted to know about the status of the construction work on Hayes Street. He made a lengthy presentation on the quality of administration in the City, which he feels is inadequate. The reasons for the delays in the work on Hayes Street were explained to Mr. Kennedy. There was much discussion on the problems encountered in dealing with contractors and suggestions for alleviating these. LICENSES Motion by Norberg, Seconded by Heintz to approve the licenses as listed upon payment of proper fees. Roll Call: All Ayes Mr. Watson asked for consideration at this time for a lot subdivision for lot ll, block 89, Columbia Heights annex to Minneapolis, the City owner property on 38th Avenue. Motion by Hentges, Seconded by Norberg to deny the request for the subdivision of the City owned property on 3$th Avenue. Roll Call: All Ayes Councilman Hentges noted that this land could be used for a multiple dwelling because of it's zoning. There was a brief discussion on the subdivision request of Milton Ouimette. Motion by Hentges, Seconded by Norberg to refer this request to the Planning and Zoning Commission. Roll Call: Hentges--aye Logacz, Heintz, Norberg, Nawrocki--nay The City Attorney spoke briefly on the 'tediousI procedure for acquiring and selling tax forfeit properties. There was discussion on the possibility of a split liquor ordinance and the time it could be reviewed. It was noted that the Council would be looking at a draft or two at 6:00 on October 7. At 6:30 that same day would be the meeting for Certification of Delinquent Specials. Mayor Nawrocki commented briefly on his reason for wanting the bill to Northwestern Bell Telephone Company taken off the list of bil]s. He stated that there was no contract entered into in the manner prescribed by the Council; that is ~'that the Mayor and City Manager be authorized to enter into contract. II He also stated that an important point is what is included in this contract. The matter will be looked into. September 13, 1976 -345- Motion by Norberg, Seconded by Heintz to adjourn at 2:35 a.m. Roll Call: All Ayes Br~c~ G. Nawrocki, Mayor Se~c reda ry -