HomeMy WebLinkAboutSept 28, 1976 (2)OFFICIAL PROCEEDINGS
CONTINUATION OF REGULAR MEETING OF SEPTEMBER 27, 1976
CITY OF COLUMBIA HEIGHTS
SEPTEMBER 28, 1976
The meeting was called to order at 10:59 p.m. Roll Call: Heintz, Norberg,
Hentges, and Nawrocki were present. Logacz was absent.
Motion by Heintz, seconded by Hentges, to name Beverly A. Peterson as secre-
tary pro-tem for the meeting. Roll Call: All Ayes
PROPERTY AT THE SOUTHWEST CORNER OF 39TH AVENUE AND CENTRAL AVENUE
A report was given by Mr. Watson concerning the sale of the corner property
at 39th and Central Avenues. The sale involves two full lots totaling 107
feet plus eight feet of a third lot. Questions arose over the facts that a
subdivision of the third lot is required and that this subdivision would
leave a buffer of only 3½ feet between a commercial property and a residen-
tial dwelling.
REQUEST BY FIRE CHIEF FOR CHANGES IN SPECIFICATIONS FOR FIRE TRUCK FOR 1977
Fire Chief Johnson presented a report on the changes that he is requesting.
These changes concern a front end hose hydrant hookup, a 6" ¼-turn suction
valve, the relocation of a 2½'l discharge to the rear of the truck, the pro-
vision of an additional 2½" gated suction inlet, a hosebed tarpaulin, and a
change in color to lime. The Chief also noted that this addendum would also
include several deletions from the original specifications.
Motion by Heintz, seconded by Hentges, to authorize the changes in the spec-
ifications for the new fire truck as recommended by the Chief of Fire.
Discussion was then held on the reasons for a change in color. Chief Johnson
states that white against the snow is a possible hazard and the trend is to-
ward a color other than red or white. The cost of the change in color of the
present trucks was discussed.
Roll Call: Heintz, Hengtes, and Nawrocki--aye. Norberg--Nay. Motion passed.
EMBANKMENT REQUESTS
A lengthy discussion started with a question on what can be done with the em-
bankment request from Mr. Albert Urspringer of 3719 Hayes Street. Mr. Urspringer's
neighbors' requests were then noted. It was also noted that Mrs. Ashford is a
retired citizen and would not be able to cut grass or maintain a slope on her pro-
perty. Nawrocki stated that a three to four foot boulevard that is level is one
matter while any type of embankment is quite another matter. Also, the cost of
putting in an embankment can run into hundreds of dollars and be too costly for
some residents, and thus nothing will be done even if the situation is hazardous.
Hentges noted that once a "set" policy is established, it will be difficult to
deviate.
At this time, the Public Works Director presented a report on the different home
owners' requests that have been presently brought up for consideration.
-3~7- September 28~ 1976
The Council continued to discuss the different aspects in this matter.
Several questions were brought to light. If the City builds the retaining
walls, who is to maintain them? Would this, then, bring about many other
future and past embankment problems? What would be done if the construct-
ion is state aid work? Should exceptions be made if the resident is not
physically or financially capable to complete the project? What has been
the policy in the past and how good vJas this policy?
One suggestion presented was to use materials that are available through
present construction, set a po]icy for future use, and set an established
maintenance agreement with the home owners. The possibility of usin~ the
lime from the median wall on Jefferson Street was then discussed.
Councilman Heinz then stated that he does not fee] the City has to build a
retaining wall for any resident. Heintz noted that retaining walls, in the
past, have not been considered as part of street construction.
The Mayor then stated that he feels something should be worked out, perhaps
on a 50/50 basis. The question of payment by the City was then raised and
the possibility that there are other retaining walls that should be looked
at, again.
Nawrocki then stepFed clown to make a motion.
Hotion by Nawrocki, seconded by Heintz, that restoration work on steep em-
bankments, as determined by and with authorization ~iven to the Public Works
Departn~ent, be worked out on a 50/50 basis with the costs shared by the City
taken out of the genera] fund and that maintenance agreements be made with
and signed by the property owners. Heintz stated that he seconded the motion
for discussion.
Heintz questioned the extent of this policy and how far back would the City
go? Nawrocki stated that the motion was made to solve the present problem,
but that past problems may be brought up and should be considered on an
individual basis. Nawrocki also stated that this will not include projects
that are already completed and paid. The present slope project on Jefferson
Street was then discussed as pertaining to the situation as a state aid pro-
ject. Heintz then emphasized thai: a consistent policy is needed. Nawrocki
pointed out that in the past some embankments haw~ been done with no pay-
ment by the residents, while others have been paid completely by the resident.
Roll Call: ttentqes, Hawrocki--ave. Heintz. f~orberq--nav
carried.
Motion tied, not
Motion by Hengtes, seconded by Heintz, to consider the embankments on Hayes
Street and other embankments within current projects on October 7, 1976 at a
special meeting.
Heintz emphasized that guidelines are needed as to when and to what degree the
City should be involved, with consideration of pertinent criteria. Heintz
states that he does not feel a "blanket:' policy is what is needed. The issue
of a hardship situation was discussed.
Roll Call: AIl Ayes Hotion Carried
September 28, 1976 -358-
CONFIRMING TAX LEVY BY THE HOUSING AND REDEVELOPMENT AUTHORITY FOR 1977 AS
ADOPTED ON SEPTEMBER 28,"1976
A short discussion was initiated by Hentges and Norberg concerning the fact that
the 1977 budget levy has not been passed and on the amount of information that
was presented. Nawrocki then stepped down from the chair to offer a motion
on the resolution. The resolution was then read by the City Manager. Dean
Otterson presented a summary and explanation of the items and figures con-
cerned.
Resolution 76-47
Confirming Tax Levy by the Housinq and Redeveloping Authority for 1977 as
Adopted September 28, 1976
BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, that
WHEREAS, the Housing and Redeve.lopment Authority of Columbia Heights, Minnesota
has adopted a budget as shown on the attached document entitled: "Housing and
Redevelopment Authority of Columbia Heights, Minnesota 1977 Budget", and
WHEREAS, said authority has also resolved that a special tax be levied of
$21,390 upon all taxable property, both real and personal, in the City of
Columbia Heights, and
WHEREAS, Section 462.545, Subdivision 6. of the Minnesota Statutes requires
approval by the governing body of the municipality in and for which said auth-
ority was created,
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Columbia
Heights approves and consents to the levy of $21,390 tax levy upon all tax-
able property, both real and personal, in the City of Columbia Heights, by
said authority, as special taxing district, for use for the purpose of the
redevelopment provisions of Section 462.711 of the Minnesota Statutes.
Offered by: Hawrocki
Seconded by: Hentges
Roll Call:
Heintz, Hentges, and Nawrocki--aye. Norberg--nay
Norberg noted that he had not received the H.R.A. unit figures until this time.
AGREEMENT WITH THE HOUSING AND REDEVELOPMENT AUTHORITY ON FIRE SAFETY SYSTEM
The resolution was read by Ron Kalina. Some discussion was presented by Hengtes
and Norberg with commentaries by Dean Otterson.
Resolution 76-48
Being a Resolution Authorizing an Agreement with the Housing and Redevelopment
Authority of Columbia Heights, Minnesota
WHEREAS, the City Council in attempting to provide a fire safety system for the
Senior Citizens' High Rise appropriated the sum of $65,000 to the Housing and
Redevelopment Authority of Columbia Heights, Minnesota, and
WHEREAS, the said fire safety system ultimately became an eligible project cost
reimbursed by the Department of Housing and Urban Development, and
WHEREAS, the Housing and Redevelopment Authority and City Council now wish to
-~59- September 2R, 1976
enter into agreement which would allocate the said monies in the best
interests of the taxpayers of the City of Columbia Heights,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF COLUMBIA
HEIGHTS,
1. That the Mayor and City Manager be authorized to enter into the
following agreement:
A. That the Housing and Redevelopment Authority be authorized to
place the said sum of bO~,O00 in a Special Project Fund to be al-
located as follows:
Downtown Revitalization .............. $55,000
Community Action Home
V!interization ............... 2,000
West Side Central Avenue
Rehabilitation .............. 8,000
565,000
B. That the Downtown Revitalization Fund shall be used for the
purchase of the properties at 4037 and ~021 Van Buren Street North-
east in the City of Cciumbia Heights, commonly known as the Weldon
and Voss Properties, that said parcels shall be used for parkin9
iots to serve the business community in their vicinity. That the
Housing and Redevelopment Authority shall make payments to the
City of Columbia Heights in lieu of taxes in an amount of at least
equal to the taxes currently levied against such parcels. That the
Housing and Redevelopment Authority shall make a good faith effort
to obtain rental payments from the businesses who are benefited
by the parking availability. No funds in the Downtown Revitaliza-
tlon Fund may be used for any purposes other than the acquisition
and improvement, along with expenses incidental thereto, of the
aforementioned parcels. Should the Housing and Redevelopment Auth-
ority not have acquired the said parcels, on or before May }l, 1977,
all monies remaining in the Downtown Revitalization Fund shall be
immediately paid to the City of Columbie Heights. Should the Housing
end Redevelopment Authority be unable to enter into lease arrange-
ments such that the continued ownership of the parcel or parcels by
the Housing and Redevelopment Authority is not economically feasible,
the Housing and Redevelopment Authority shall convey the parcel or
parcels purchased hereunder to the City of Columbia Heights by war-
ranty deed without fur'ther payment by the City. The City Council of
the City of Columbia Heights shall have the sole discretion to deter-
mine the economic feasibility and shall not make its judgements re-
garding economic feasibility and continued ownership by the Housing
and Redevelopment Authority pr;or to December 31, 1978.
This agreement may not be varied without the express written consent
of the City Council or except by mutual agreement of the City Council
and the Housing and Redeve]epment Authority.
2. This resolution shall constitute a binding agreement between the City
of Columbia Heights and the Housing and Redevelopment Authority upon the
Plousing and Redevelopment Authority passing a resolution accepting the
terms hereof at any time more than thirty (~0) days after the passage of
September 28, 1976 -360-
this resolution. Should the Housing and Redevelopment Authority pass a
a resolution within thirty (30) days of the passage of this resolution
the agreement contained herein shall be in full force and effect from
and after thirty (30) days of the passage of this resolution.
Offered by: Heintz
Seconded by: Hentges
Roll Call: Heintz, Hentges and Nawrocki--aye. Norberg--nay.
PROPOSED COURT FACILITY
Tim Yantos and Ron Kalina presented a discussion and drawings on the proposed
possibilities for a court facility. A lengthy discussion followed on the
layout, square footage, costs involved, allocation of funds, and the possib-
ilities of obtaining grants to help with costs. This presentation has been
pre-empted by many meetings between Mr. Yantos, Mr. Kalina, Mr. Bob Dietrich
and the Anoka county court system. The Council agreed that the City staff
should pursue the matter further. Dean Otterson noted several points concern-
ing obtaining grants, including a 90 day time period for starting construction
after the date that the grant is acquired.
RESOLUTION ON ATTORNEY RETAINER FEES
Mr. Watson read the resolution. A short discussion was then held on the word-
ing of the resolution. Some changes were made as recommended by the Council
on the wording.
Resolution 76-49
Establishing the Attorney Retainer Fee as Effective April 1, 1976
WHEREAS, the City Council has caused a study to be made on all personnel with
a resulting classification and pay plan being developed, and
WHEREAS, the position of City Attorney has not been included in that study,
and
WHEREAS, the position of City Attorney is established on a retainer basis in
lieu of a regular salaried position, and
WHEREAS, the City Attorney furnishes his own office, books, supplies, staff
personnel, and other expenses, and
WHEREAS, the work load and staff expenses of the City Attorney position varies
from time to time,
NOW, THEREFORE, BE IT RESOLVED, that the Attorney Retainer be established effec-
tive April 1, 1976 as $12,OOO.O0 per year, and
BE IT FURTHER RESOLVED that the City Attorney be paid on an hourly basis at the
rate of $35.00 per hour for Probate-County Court prosecution service up to 600
hours per year (with 450 hours as remaining for the current year of April 1,
1976 to December 31, 1976.) All prosecutions in excess of 600 hours per year to
be handled at no additional charge to the City.
BE IT FURTHER RESOLVED that the City Attorney be paid on an hourly basis at the
rate of $35.00 per hour for all District Court and Minnesota Supreme Court cases
-361- September 28, 1976
for ali cases required to be prosecuted or defended by the City of Columbia
Heights. Said rate to be effective upon passage of this resolution.
Offered by: Heintz
Seconded by: Hentges
Roll Call:
All Pyes Adopted as an,mended.
OLD BUSINESS
Liquor Store #1 was discussed with relation to the 1977 budget. Profit and
loses were discussed with comparisons within the past 2] months with some
discussion on future profits. It was decided that a meeting with Mr. Thomas
should be arranged to obtain fLirther information.
A short discussion was then held concerning the recent four day suspension of
one of the City's employees. The work performance of several employees was
then discussed in relation to future procedures.
NEW BUS I
Norberg requested that the Public Works Department investigate the left turn
sigma] for southbound traffic on Central Avenue and turning eastbound unto
37th Avenue.
TREE PLANTING ON JEFFERSOH STREET
A discussion was held on the list of possible trees for Jefferson Street. Mr.
Gustafson stated that only certain trees were selected as desirable according
to height, root structure, sturdiness, aesthetic value and mixture, proper
spaciing, and the location of utilities. Nawrocki noted that it is important
for the residents to knew where the trees are to be planted. Several types
of trees were discussed. It was reported that some of the residents from
Jefferson Street with ~r. Watson, George Brown, Vern Rozmark, and ~ike Sobota
are planning to visit the City of Hinneapolis nursery near the New Flope city
garage.
Motion by Heintz, seconded by Hentges, to authorize the city manager to open
bids on October 21, ]976 for the planting of trees on Jefferson Street North-
east, Columbia Heights. Roll Call: All Ayes
SPLIT LIQLiCR ORDINA~,:CE
A short discussion was held on the sequence for the procedures of the ordinance.
The Council decided to review the wording of the ordinance on October 7, ~976
with the first reading on October ]2, 3976 end with the second readin9 to be
after' the elections on November 2, ~776. Later on in the meeting, Hr. Watson
questioned the wording of the ordinance as it is stated on the ballot. Hr.
Watson stated that it seemed negative and confusing. Mr. Watson also stated
that a special City Newsletter wi]] be delivered before the election which
should help clarify this ordinance.
The question was also raised as to whetherMrs. Tucker has become a resident of
Columbia Heights, as ordinances ~1~? and ~171t so states~ regarding the
off: sale beer license which had been issued.
September 28, 1976 -362-
DRIVEWAY CONSTRUCTION AT 3924 CLEVELAND STREET N.E., MR. J.C. NORTON
Nawrocki and Watson opened a discussion on the different costs involved in the
payment of Mr. Norton's driveway. A letter from the City Engineer was noted.
Nawrocki and Heintz raised several questi'ons on the square foot prices, total
billings, and the area involved in Mr. Norton's billing and the City's billing
of the driveway. Krone Construction's drawing to illustrate Mr. Norton's
estimate was discussed. Mr. Watson went over the sequence of events concern-
ing the payments as outlined by George Brown. Nawrocki stated a desire to
see that the confusion in billing be pursued and clarified. Heintz noted that
a constrator does not have to give the resident the same price as is given to
the City. It was also noted that the work, as done, is not up to par with other
driveways that have been done.
PUBLIC WORKS REPORTS
Mr. Gustafson presented a dissertation and a set of plans on the easements and
development area at 39½ Avenue, east of Cleveland Street. As each contractor
developed different areas, it appears that different individual grades were set.
Thus, an extension of the storm drain or drastic grading is needed for proper
drainage of this total area. It was also noted that telephone cable is buried
within the area where the storm drain extension would have to be laid. The
easements for the area were discussed. The question was raised as to whether
the City or the contractors have the responsibility to correct the problem.
Hentges indicated a desire that all grades for new construction be set by the
City Council and the City staff.
Motion by Norberg, seconded by Heintz, to refer the storm drainage problem at
39½ Avenue to 40th Avenue, east of Cleveland Street, to the City Attorney for
study.
Mr. Gustafson and the Council then discussed the need for a public hearing on
the problem. It was noted that occupancy of four newly built houses has been
detained due to damage to the roadway from a tractor type vehicle during the
construction of these houses in this area.
The preceeding motion was then withdrawn.
Motion by Norberg, seconded by Heintz, to authorize the City Manager to call a
public hearing for the purposes of discussion on the storm drainage problem at
39½ to 4Oth Avenues, east of Cleveland Street on October 25, 1976. Roll
Call: All Ayes
Motion by Heintz, seconded by Norberg, to adjourn the meeting at 2:17 a.m.
Roll Call: Heintz, Norberg--aye. Hentges and Nawrocki--nay Motion tied,
not carried.
FIELD HOUSE REROOFING
A short discussion was held on the damages resulting from a rainstorm during the
reroofing of the Field House this past summer. Mr. Watson stated that he and the
Park Superintendent and Ron Kalina will be meeting with the contractor, Mr. Baliff,
on Thursday, September 30, 1976.
-363- September 28, 1976
Motion by Norberg, seconded by Ne~Jrecki, to adjourn the meeting at 2:2L~
a.m.
Bruce G. Nawrocki, ~ayor
Se.~'~etary t~r~:~-em ~ v