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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