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 -