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HomeMy WebLinkAboutSept 27, 1976OFFICIAL PROCEEDINGS REGULAR MEETING OF THE CITY COUNCIL CITY OF COLUMBIA HEIGHTS, MINNESOTA SEPTEMBER 27, 1976 The Meeting was called to order at 8:02 p.m. Roll Call: Logacz, Heintz, Norberg, Hentges, Nawrocki--present INVOCATION Invocation was given by Reverend McEachern of Oak Hill Baptist Church. NAMING OF SECRETARY Motion by Norberg, Seconded by Heintz to name Karen DeBruin secretary for the meeting. Roll Call: All Ayes MINUTES OF PREVIOUS MEETING Motion by Heintz, Seconded by Hentges to approve the minutes as presented in writing and the reading be dispensed with. Roll Call: All Ayes PAYMENT OF BILL~ Motion by Logacz, Seconded by Norberg to pay the bills as listed out of their proper funds. Mayor Nawrocki questioned bill number 18260. City Manager Watson explained that this bill was for blacktop and street repair materials delivered to the sites where the street crew was working. He noted that it did not include seal coat costs. Mayor Nawrocki noted that he wanted to know when the remainder of the seal coat would be swept. Roll Call on Motion: All Ayes PUBLIC HEARING -- PLATTING OF "COLUMBIA COURT" Mr. Watson noted that a notice of this hearing had been sent with a map of the proposed plat to residents and property owners within 300 feet of the Ford property, north of Dunkin' Donuts on Central Avenue. Mr. Richard Walquist, developer of the property, noted that the purchase agreement with the Ostlunds (who proposed to purchase this land) had been signed and countersigned subject to the approval of the proposed plat. Mayor Nawrocki asked if these were the actual owners of the property. Mr. Watquist stated that they were not as yet. Mayor ~awrocki asked if the owners had been made aware of what was being proposed. Mr. Walquist said that they had been notified through September 27. 1976 -346- their real estate representative. Mayor Nawrocki then asked if the owners had been notified of the hearing. Mr. Watson stated that a copy of the notice that went to the neighbors did not go to the owners. Mr. Wa]quist noted that the owners were notified of the hearing scheduled for September 13, which had been tabled until now. Mr. Walquist explained that the property would be divided into five portions. One section would be almost three acres, two of the sections would be one half acre, one would be just under an acre, and one would be seventy two thousand square feet. Mr. Walquist noted that the Highway Department had been contacted and shown the proposed plans. It was noted that they agreed in principle with the plan. He also explained that he had worked with the City Engineer relative to setting up sewer and water systems. Mr. Walquist stated that this proposed development was consistent with the City of Columbia Heights comprehensive plan. Mr. Bill Tuynman of 1077 Polk Circle asked for a general statement of the goals proposed by this development. Mr. Walquist replied that he sa t on the Downtown Development Council in Columbia Heights and concern was expressed about this property. He noted that he was trying to develop it in a way suitable for Columbia Heights. The question was asked if the developer had any prospective establishments in mind for this development. Mr. Walquist explained that "feelers'~ had been sent out and several responses were received, but there were no definite commitments. It was also asked how long it would take to develop the property. Mr. Walquist stated that in his experience it has taken somewhere between three and five years. Judy Guindon of 1074 Polk Place asked what kind of buffer zone would be required between the commercial and residential properties. Mr. Walquist noted that a buffer would have to be left. Mr. Frank Novotny of 1061 Polk Place spoke of the drainage problem which could occur. Mr. Wa]quist noted that he was aware of the problem and he would be working with the neighbors on that problem. Councilman Norberg spoke of the problems which he thought could occur ~downstream~ caused by the supercharging of the sewers. Linda Hansen of 1074 Polk Place asked what the buffer zone would be. Mr. Walquist replied that it would be about twenty feet of green area. It was also noted that provisions for additional screening could be used to provide for eighty percent opacity. It was added that standards for glare, noise, and two or three other factors must be met. September 27, 1976 -347- There was much discussion about traffic considerations, such as traffic flow and the possibility of eliminating on street parking within the development. Councilman Norberg asked if it would require a subdivision to change any of the boundaries within the proposed development if it were approved. City Attorney Kalina noted that it would require a subdivision or re-platting. Councilman Norberg asked where the provision for park land was in the proposed plat. Attorney Kalina ~oted that there was no such provision in the plat plan as presented. Council~an Norberg asked if this provision would be required in this case. Attorney Kalina quoted ordinance 654 Being an Ordinance Providing for the Platting of Property, section 24, which states: '~ It is deemed necessary and consistent with the City planning of the City to provide in each new proposed plat or subdivision areas for future development of park and recreational purposes. Each plat shall hereafter provide for a dedication to the municipality an area not less than ten (10%) percent of the total proposed area to be subdivided, less any acreage devoted to streets. Such area shall consist of developable and usable land and shall be located so as to serve the present and future needs of the community for recreational or park purposes. The Planning Commission and the City Council shall consider the proposed located in relation to existing or contemplated recreational and park sites in other parts of the community and as to the suitability in meeting the requirements of the '~City Plan." This requirement may be waived and/or modified by the City Council, after recommendation by the Planning Commission, for one of the following reasons: 1. The enforcement of this provision would act as an extreme hardship to the property owner, because of the size of the tract involved, the topography of the land (zoning areas involved) or the owner has already dedicated comparable areas in other subdivisions in the City. 2. The owner contribute a cash equivalent to the City Treasurer for the "Park and Recreation Funds" of the City. A cash equivalent shall be a sum mutually agreed upon representing 10% of the market value of the tract in an underdeveloped state on the date the preliminary plat is presented to the City. ~' Mayor Nawrocki asked if he was correct in assuming that the intent of the developer and/or owner is to not make any such dedication of land to the City. Mr. Walquist stated that this is not a residential platting, it's nature is commercial; and he was under the impression that this re- quirement was specifically designed for residential developments. Mayor Nawrocki noted that this may not be the opinion of the Council. He noted that there was a recreational need to be met. Mr. Walquist spoke of the idea of giving the cash equivalent. He stated that he did not know if this was an economically feasible procedure. Mayor Nawrocki noted that this matter should be resolved before the Council makes a determination. -348- September 27, 1976 Dean Otterson, City P]anner, stated that in reviewing the platting ordinance, he had a tendency to agree that it does speak more to residential developers than commercial. He noted that, in a discussion with Attorney Kalina, he had been made aware of a case very similar to the one in question where a decision had been reached in court that the City should recognize that the commercial develop- ment of a property is not going to substantially increase the utili- zation of the parks in the community. Dean Otterson asked the Council to look at the proposed plat close]y and note how much space was to be used for street, and how much was a storm sewer and utility easement that benefits the entire area. Mr. Otterson went on to say that development was desirable and adding on costs such as ten percent of market value would put an undue hardship on the developer in trying to realize development. Mayor Nawrocki stated that he did not feel the City had to ~'bend over backwards and give everything from the community standpoint to get development there.'~ He also stated that the development should be in the best interest of the City. Mayor Nawrocki noted that he was concerned about making several small sites in this property. "It would be my concern that what we're doing by chopping it up in little sites, we're going to have just another continued proliferation of those franchised eating-type shops and I guess that's about what the community needs least." Councilman Logacz stated that he would like to see this land developed. He noted that the Planning and Zoning Commission had approved this plat in view of the problems which were inevitable, such as drainage and traffic. Mr.. Bob Guzy, an attorney in Columbia Heights, and Chairman of the Downtown Development Council, noted that he was disappointed that the consensus of the Council seemed to be not in favor of the proposed plat. He ezplained that the Council was very much in control of the problems which had been brought to light. Hr. Guzy noted that this was a package that could work and be developed. He stated that as a citizen of and businessman in Columbia Heights~ he would like to see this plat approved. Mr. Guzy stated that "Business encourages business." Mayor Nawrocki noted that he did not feel time was a big factor in the acceptance of a proposal for that piece of property. Mr. Guzy stated that this attitude was narrow from the standpoint of trying to encourage businesses to come into the community of Columbia Heights. September 27, 1976 -349- Councilman Hentges noted that development is desirable because it provides better tax base, better employment, and service for the people of the community. He stated that he supports the proposal. Mayor Nawrocki stated that there was a possibility that a residential development in the area would provide a better tax base than a comm- ercial development. Mr. Walquist noted that he is concerned about Columbia Heights and that he was trying to develop the best thing for it. Councilman Norberg suggested that Mr. Walquist consider re-zoning the two small lots to LB (limited business). This would limit the kinds of businesses that could operate there. Mr. Walquist stated that he could not comment until he looked further into this idea. Motion by Hentges, Seconded by Logacz to approve the preliminary plat plan. Mayor Nawrocki asked about the ten percent park donation. Councilman Hentges noted his feeling that this stipulation was for residential developments. Motion by Norberg, Seconded by Heintz to table the public hearing on the platting of "Columbia Court" until the regular meeting of the City Council on October 25. Roll Call: All Ayes Councilman Norberg noted that this would give Mr. Walquist more time to consider such things as the park donation and the re-zoning of the small lots to LB. RESOLUTION 76-45 DESIGNATING THE FIRST NATIONAL BANK OF ST. PAUL AS PAYING AGENT FOR 1976 CAPITAL IMPROVEMENT BONDS WHEREAS Ordinance 843 provided for the issuance of $1,O00,000 in Capital Improvement Bonds, and WHEREAS Resolution 76-12 provided for the public sale of such bonds, and WHEREAS Resolution 76-23 awarded the sale of said bonds to the First National Bank of St. Paul, NOW THEREFORE, The City Council of the City of Columbia Heights does designate the First National Bank of St. Paul as paying agent for the life of said bonds and authorizes the Mayor and City Manager to enter into an agreement with said bank. Offered by Norberg, Seconded by Heintz. Roll Call: All Ayes -350- September 27, 1976 SECOND READING OF ORDINANCE 855 REZONING LOT 18, BLOCK l, REARRANGEMENT OF BLOCK C, COLUMBIA HEIGHTS ANNEX TO MINNEAPOLIS FROM R-2 TO R-3 (VANT PROPERTY) City Manager Watson noted that a notice had been sent out to all residents and property owners within three hundred feet of the proposed re-zoning. Ordinance 855 was offered by Logacz, Seconded by Hentges. Roll Call: All Ayes ORDINANCE 854 RESTRICTING ALCOHOL USAGE IN PARKS Motion by Hentges, Seconded by Norberg to table the second reading of this ordinance. It was noted that no response had been received from the Park Board, the ordinance had been referred to them for their consideration. Mayor Nawrocki noted that there had been an editorial in the Sun Newspaper suggesting that an attempt be made to seek uniform controls of this type in communities surrounding Columbia Heights. He noted that the upcoming winter and fall months would be a natural alleviant of the problem of drinking in parks and give more time to work toward trying to standardize controls of this nature. Councilman Logacz noted that he had hoped to see this ordinance passed, as this was a particular concern of his. He stated that the County would be the best way to establish a uniform control. Mayor Nawrocki noted that a letter would be sent to all cities in Anoka County to determine interest in establishing a more uniform control, and if no interest was shown, the proposed Columbia Heights ordinance would be considered in this light. Roll Call on motion to table: All Ayes RECESS 10:26 p.m. RECONVENE 10:42 p.m. RESOLUTION AUTHORIZING AN AGREEMENT WITH THE HOUSING AND REDEVELOPMENT AUTHORITY OF COLUMBIA HEIGHTS, MINNESOTA This resolution was regarding the fire safety system for the Senior Citizen's high rise. Motion by Norberg, Seconded by Hentges to defer consideration of this resolution until the special meeting of Tuesday, September 28. Roll Call: All Ayes September 27, 1976 -351- COLUMBIA HEIGHTS CAB COMPANY REQUEST FOR RATE INCREASE Mr. Watson explained that Mr. LaMont, owner of Columbia Heights Cab Company, had been granted a rate increase by the Council on June 28, 1976. This rate was 65¢ on the flag drop and 10¢ for each additional 1/6 of a mile and 10¢ for each minute waiting time. Mr. LaMont was now requesting rates of 75¢ on the flag drop and 10¢ for each additional 1/6 of a mile. He noted in a letter to the Council dated September 21 that this rate is presently in effect for Red and Whites Blue and White, Yellow, and Southwest Suburban Cabs. It was noted that the Council did not feel this rate increase was justified so soon after the last increase. Motion by Heintz, Seconded by Norberg to deny the request of Columbia Heights Cab Company for a rate increase. Roll Call: All Ayes PLANNING AND ZONING ITEM: CONDITIONAL USE PERMIT FOR BEAUTY SHOP -- ROBIN MOREAU 726 40th AVENUE Motion by Logacz, Seconded by Norberg that the conditional use permit for Robin Moreau of 726 4Oth Avenue be granted as recommended by the Planning and Zoning Commission. Roll Call: All Ayes JEFFERSON STREET SIDEWALK REPLACEMENT A report by Clayton Berg of the Engineering Department was read. It was noted that the residents on Jefferson Street from 40th to 45th Avenues were requesting that the City be more liberal with its sidewalk replacement program in their neighborhood. It was stated that the actual amount of sidewalk which they would like replaced was not known, but it was noted that it was considerably more than hed originally been proposed. There was much discussion on the criteria for sidewalk replacement and the Jefferson 4Oth to 45th project in general. Mayor Nawrocki spoke of the inconveniences the people along Jefferson Street had to put up with, and he felt he would not feel bad about giving them a bit of a break when it came to replacing sidewalk. Councilman Norberg stated that he thought it should be treated the same as other sidewalk replacement sections throughout the City. -352- September 27, 1976 LOT SUBDIVISION JOHN BEHUN 1129 43RD AVENUE Councilman Norberg asked if the subdivision created any non comforming uses. It was noted that it would not. Motion by Heintz, Seconded by Hentges to grant the lot subdivision request of John Behun of l]29 43rd Avenue. Roll Call: All Ayes LICENSES Motion by Norberg, Seconded by Hentges to approve the licenses as listed upon payment of proper fees. Roll Call: All Ayes JEFFERSON STREET FRONT DRIVEWAY WAIVERS It was noted that the neighbors at 4329 and 4327 Jefferson Street requested waivers to allow driveways to be placed along the south side of their property in their front yard. Mr. Watson noted that a proposal had been made to have a joint driveway, but this was not possible. He noted that granting these waivers would allow these property owners to park off the street. It was noted that the neighbor to the south should be contacted and made aware of this proposal. Motion by Norberg, Seconded by Heintz to approve the front driveway waivers for 4329 and 4327 Jefferson Street upon concurrence of the property owner to the south of 4327 Jefferson Street. Roll Call: All Ayes LETTER OF COMMENDATION TO OLSON PLUMBING This letter of commendation was signed by all members of the Council to be sent to Mr. Olson of Olson Plumbing to commend him for his fine job of remodeling the old buildings at 40th and VanBuren. GAUVITTE PARKING LOT PAVING REQUEST Motion by Hentges, Seconded by Heintz to authorize expenditure of $4,240.53 for an eleven stall parking lot at Gauvitte Park. Roll Call: All Ayes REQUEST FOR AUTHORIZATION TO EXPEND $1,242 TO INSTITUTE A SYSTEMS CHANGE ON THE PAYROLL SYSTEM Mr. Watson explained that to institute a systems change on the Data Processing system provided by Anoka County to allow for payroll deductions other than the regular items would cost the City SI,242. Councilman Norberg expressed his amazement at this amount and stated that it should be able to be done with no charge. September 27, 1976 -353- Motion by Norberg, Seconded by Hentges that the request to expend $1,242 for a systems change on the Anoka County data processing system be denied. Motion by Logacz, Seconded by Heintz to table the request for the purpose of gathering more information. Roll Call: Logacz, Heintz Nawrocki--aye Norberg, Hentges--nay It was stated that Councilman Norberg would be in touch with the Anoka County Data Processing Department to see what could be worked out in relation to procuring the means to make additional payroll deductions. RESOLUTION 76-46 ASSESSING THE COST OF MIDBLOCK LIGHTING BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, that WHEREAS a public hearing was held on September 27, 1976, with due notice being given to affected property owners, and WHEREAS Ordinance No. 796 authorizes the assessment of unpaid lighting bills against the benefitted properties pursuant to Minnesota Statute 429.101, NOW THEREFORE BE IT RESOLVED: 1. That the assessment roll attached hereto, the reading of which is waived, is hereby adopted. 2. That the said assessment roll, plus administrative fees, be certified to Anoka County for the collection with the property taxes against the benefitted properties. Offered by Norberg, Seconded by Logacz. Roll Call: All Ayes Mayor Nawrocki made mention of a letter he had received from the City of Coon Rapids asking for sponsors of the North Suburban Family Service Center. He stated that he was informed that the Service Center serves people from communities all around, including Columbia Heights, and Mayor Nawrocki suggested that this be looked into for possible financial participation by theCity of Columbia Heights. PROCLAMATION FOR SWEETEST DAY WHEREAS, Columbia Heights is a city acclaimed for the neighborliness of its citizens and their individual and collective support of worthy causes, and WHEREAS, the national observation of Sweetest Day will be held locally, with the exchange of gifts, tokens of thanks, and visits to lonely persons, and WHEREAS, the day is to serve as a reminder of the need of such kindnesses as visits, and the bringing of small gifts, to forgotten people in nursing homes and hospitals, to the end that such individuals may be encouraged to know that their fellow citizens are encouraged for their welfare, and -.354- September 27, 1976 WHEREAS, the Columbia Heights Sweetest Day Committee plans to give Happiness awards to those whose work has been the most outstanding in the activities of the day: NOW, THEREFORE, I Bruce G. Nawrocki, Mayor of the City of Columbia Heights, do hereby proclaim Saturday, October ]6, 1976, to be Sweetest Day in Columbia Heights and urge all citizens to take cognizance of the special events arranged for this time. Mayor Nawrocki then explained a program sponsored by the State League of Municipalities that has to do with personnel performance and evaluations. He noted that a seminar would be part of this program, which would be conducted in Chicago. He stated that he would like to send Mr. Yantos, Administrative Assistant, to this seminar. He further noted that it would be two three-day sessions, the first being at the beginning of October and the second two or three weeks later. He stated that this program directly relates to what the City of Columbia Heights has been doing in this area. He stated the approximate cost of the seminars to be $900 or Sl,O00. MoLion by Logacz, Seconded by Heintz to authorize expenses for Mr. Yantos to attend the State League of Municipalities seminars on personnel in Chicago. Roll Ca]]: Logacz, Heintz, Hentges, Nawrocki--aye Norberg--nay Councilman Norberg stated that this request had come on short notice and not enough information had been disclosed. Mr. Watson began giving response to the inquiries which had been given to him at the ]asr regular meeting of the City Council. Motion by Hentges, Seconded by Logacz to table the remainder of the agenda until after the special meeting, Tuesday, September 28, ]976. Roll Call: Logacz, Heintz, Hentges, Nawrocki--aye Norberg--nay Meeting was recessed at 12:24 a.m. S'ecretary