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HomeMy WebLinkAboutNov 8, 1976 (2)OFFICIAL PROCEEDINGS REGULAR MEETING OF THE CITY COUNCIL CITY OF COLUMBIA HEIGHTS, MINNESOTA NOVEMBER 8, 1976 The meeting was called to order by 8:02 p.m. Roll Call: All present Motion by Norberg, seconded by Heintz, to name Karen DeBruin secretary. Roll Call: All Ayes INVOCATION Invocation by Reverend Ron Anderson of Oak Hill Baptist Church. MINUTES OF PREVIOUS MEETING Motion by Logacz, seconded by Heintz, to approve the November 3, 1976 minutes as presented in writing, and the reading be dispensed of. Roll Call: All Ayes PAYMENT OF BILLS Motion by Logacz, seconded by Hentges, to pay the bills as listed out of their proper accounts. Roll Call: All Ayes PUBLIC HEARING - STORM DRAIN INSTALLATION BETWEEN 39½ AVENUE AND 40TH AVENUE 500 FEET EAST FROM CLEVELAND STREET Mr. Watson noted that hearing notices went out to property owners in the area and also to the builder who constructed the last houses. Mr. Watson explained that the basic problem as this: some years ago an easement was retained on the properties in question. This was antici- pated to serve as a back lot drainage location. The properties did not not develop according to the way they should have to cope with the drain- age pattern. The land was higher than it should have been on the end. Mr. Watson noted that there were three alternatives in this situation: Leave the situation as it is, recognizing that there will be some problems between the property owners with ponding of water in back of the home during spring break up and heavy rain storms. e Re-landscape the back yards along the easement so that the water will follow the course orginally set up as the drainage route in back of the homes eastward to the storm drain. This would cost approximately $4,000 and would have to be done after the spring break up in 1977, when the ground had dried out enough to allow us to go onto the land cutting out the back lot line behind the homes and re-sodding the area as part of the project. This would result in a long, flat swale slop- ing slightly eastward that would carry away the water from the yards west of the existing drain. -3c~,8- November 8, ~,97~ !nstall a storm drain pipe westwards from the existing catch basin to a ]ow point that w[]] pick up the drainage from the back yards and a]]ow the existine developed yards to remain in their present position. The total cost of this intailation would be about $3,600 or ]ess. The installation could be completed conveniently this fall before freeze up since it is a fairly shallow pipe |[ne extension and goes a]ong er area that does ~aot have interrupting service lines. The storm drain would serve 12 properties so our estimated cost would be about fi~00 per pro!oerty that must have an an installation to handle the drainage from their yards. Public ~orks Director ~ustefson explained that the landscaping alter- natives would necessitate lowering buried cables, telephone poles, and removing and replacinc chain link fence, He further explained that the pipe is the cleanest way to do the work and the most positive way to solve the problem, Mayor ~awrocki opened the floor for questions and comments. One property owner asked why the contractor did not consider drainage when he built the houses. He noted that the homeowners would have to pay for what should have originally been done. Hr. ~atson noted that the contractor building the most recent homes had indicated his willingness to share in the cost. He also noted that grading was very difficult to control. There was lengthy discussion on how the problem arose. Several members of the audience who were citizens of the area sited possible causes for the drainage problem. The people questioned wky building permits were issued if the grades were not right and also why the bui]der did not buiid according to the grades which would have prevented the problem. Councilman Norberg said that it would be helpful if we talk about the solution instead of what has been done. Councilman florberg noted that the storm drain was felt to be the best solution to the problem. There was more general discussion. Motion by Norberg, seconded by Henries, to authorize the City Nanager to proceed ~ith the storm drain installation and that the assessment for the cost of grading be assessed to 2101, 2107, 201~, and 2025 and the storm drain be assessed equally between the two]va (]2) affected property owners. Roll Call: All Ayes REt~OVE STOP SIGNS ON CHATHAFI ROAD, AT GOLF PLACE Motion by Hentges, seconded by Heintz, to concur- in the Traffic Commission recommendation to remove the stop signs From Chatham Rood at Golf Place and to [)ut a "Yield" sign on Golf Place. Some residents from the area were present to voice their dissatisfaction November 8, 1976 -399- with the proposed removal of the stop signs. It was noted that the stop signs do slow the traffic down. Councilman Hentges noted that the purpose of stop signs is to regulate traffic. Roll Call on Motion: Heintz, Norberg, Hentges--aye Logacz, Nawrocki--nay Motion Carried Motion by Logacz, seconded by Heintz, to refer to the Traffic Commission the task of exploring the possibility of a 4-way stop at 45th Avenue and Stinson Boulevard and a 2-way stop sign at 45th Avenue and Chatham Road. Roll Call: All Ayes The Council then recessed at 10:27 and reconvened at 10:47. Mr. and Mrs. Stanley Tabaka, of 4206 Van Buren Street, were at the meeting to discuss the condition of the newly contructed alley from 43-44 Avenues between Jackson Street and Van Buren Street. Mr. Tabaka stated that the work which was done on the alley was the sloppiest job he has ever seen. He explained what he felt were the major problems. Councilman Norberg stated that he had expected to hear more than one complaint about this alley. He noted that the contractor should come back and take care of the problems. There was some discussion on how much money had been withheld from the con- tractor. Grades in the alley, especially near Tabaka's property, was also discussed. Public Works Director Gustafson noted that concrete would have been a better material to use in the alley, because blacktop has to be rolled; but this was reported at the public hearing and it was decided to use blacktop. Councilman Norberg suggested examining the alley to see what could be done to correct the problem. Mayor Nawrocki requested Mr. Watson to submit a report to the Council ind- icating what action can be taken and when it can be done. This was to be done before the Assessments Hearing with a copy sent to Mayor Nawrocki and Mr. Tabaka. CONSIDERATION OF AUDITOR FOR 1976 AUDIT Mayor Nawrocki noted that some auditing companies will quote a price com- parable to George M. Hansen Company, the City's present auditor, if they enter into a multi-year contract. He also noted that an auditing firm will charge up to double to audit a company's books for the first time. Mayor Nawrocki noted that changing auditors is perhaps a good idea. Motion by Hentges, seconded by Logacz, to name George M. Hansen Company as auditor for the 1976 audit. November 8, 1976 Mr. Murphy, of George M. Hanson Com?any, state(] that this firm follows the practice of rotating the person doinq the audit so a fresh viewpoint is ,obtained. Rot1 Call: Logacz, Heintz, Horberg, ttentges--aye Nawrocki--nay Mr. Wm. ?roft wes present at the meeting to "talk to the Council col- lectively'' on the subject of signs. He stated that he had read the Council minutes from when the Council discussed the Car-X and Bridgeman sign requests. He noted that he was concerned about comments made by Nawrocki and the Councilmen during these discussions. He explained that an arrogant attitude has been running rampant throughout the City Council on the subject of the regulations of signs. In a lengthy presentation, Nr. Proft stated, through the use of legal findings, that municipalities do not have the right to dictate aesthetics ~cc. crding to the first ammend- merit to the U.S. Constitution. He further stated that, almost without exc:eption, when peo?]e have taken 5overnmental agencies to court on first amm(:ndment grounds, the government agencies lose. Hayor Nawrocki noted thai: he did not feel that mos~ of ~hat Hr. Prcft stated would be a pro- blern for the City of Columbia ~eights. Councilman Heintz suggested sending Mr. Proft notice of meetings when policies on signs would be discussed. RECLUEST FOR REPLAT WEST OF COLUMBIA HEIGHTS HIGH SCHOOL AND SOUTH OF 49TH AVENUE - CHEERY HEIGHTS Mr. gerral Herringer was at the meeting to present his request for a re- platting of the area west of the high school and south of 49th Avenue. Hayor Nawrocki noted that the role of the Council at this point was to make any comments and suggestions for the plat to Mr. Herringer, and this was done. The next step was to refer the plat through the appropriate channels for in-depth study. Motion by Heintz, seconded by Logacz, tc refer this re-plat request to the Traffic Commission, Planning and Zoning Commission, and City Engineering ing Department for their comments and review. Roll Ca]]: All Ayes FEr~LEST FOR A CONDITION USE PERt.lIT FROM PATTI HOMES---901 5OTH AVENUE It ~,as noted that the Planning and Zoning Commission had spent a considerable amount of time going over this request for a ~0' by 80' metal structure which was to be used for necessary cosmetic repair work on trailers, The driveway to the structure would be onto ~0th Avenue behind the SuperAmerica Station. Some of the stipulations placed on Patti Homes if this structure were to be allowed were discussed. Councilman Logacz noted that the neighbors in the area were present at the Planning and Zoning meeting and were not very happy with this kind of pro- posal. November 8, 1976 -401- A representative of Patti Homes noted that there was only room for one trailer inside the structure at one time, and the other space would be for parts. Discussion was held on the permits which have been issued to this mobile home lot in the past. Attorney Kalina noted that this request was proposed as a Conditional Use Permit for an accessory building because it is accessory to the open sales lot which is adjacent to it. Mayor Nawrocki questioned how this building could be an accessory building to something on another lot. Attorney Kalina noted that this was permis- sive under the code. After further consideration and clarification of facts, Attorney Kallna stated that the only alternatives available to the Council were: 1. To deny the request. 2. Amend the ordinance to allow this type of structure in this location. Motion by Norberg, seconded by Hentges, to deny the request. It was noted that the proposed building was too large to be considered an accessory building. There was also some question as to what the zoning of this lot is. It was stated to be RB, but part of the lot was in R2. It was noted that perhaps a variance could be granted because of the outdoor nature of this business, where the principal structure was very likely to be smaller than accessory buildings. Councilman Norberg noted that a variance would have to be based on hardship. Roll Call on Motion to deny: All Ayes REQUEST TO ADVERTISE FOR BIDS ON TIMBER STRUCTURE PLAYGROUND EQUIPMENT FOR HILLTOP PARK Motion by Hentges, seconded by Heintz, to authorize the City Manager to call for bids on timber structure playground equipment for Hilltop Park with bids to be opened on Monday, November 22, 1976, at 2:00 p.m. and a report to the Council at the regular meeting to be held on that evening. Roll Call: All Ayes AWARD OF INFORMAL BID ON MATTING FOR THE KEYES BUILDING Motion by Heintz, seconded by Norberg, to award the bid on matting to Superior Products in the amount of $868.25 (including freight) based on low informal quotations. Roll Call: All Ayes OTHER BIDS It was noted that Mr. Murzyn had brought informal quotations on replacing the filters in the Mathaire Park Wading Pool. The low bid was Poolside in the amount of $790.00. -,0 z:-- November Notion by Heintz, seconded by Lo.qacz, to authorize the expenditure of ~79C).00 for filters fnr the P, athaire Park ~,lac!ing Pool. Mayor Nawrocki noted that this was not an urgent request which he felt should have more consideration. Motion by Norberg, seconded by Hentges, to table this request. Roll Call: Norberg, Nentges, Nawrocki--aye Logacz, Heintz--nay Notion carries. RESOLUTION SETTING LICENSE FEES FOR 1977 The license fees presently in effect were proposed For 1977 with one exception: the cigarette machine license, now a flat $2~ fee for the cig- arette license plus the SlO vending machine license. Councilman Hentges started suggesting many changes: wholesale delivery to $25.00, Home Occupation Permit $2~.00 (renewable yearly at $10,) ice stations and ice trucks $2~. The license fees with changes outlined were offered by Hentges and seconded by Norberg. Notion by Norberg, seconded by Heintz, to add a "miscellaneous retail sales license~ to the list. Attorney Kal ina noted that there was no ordinance establishing this type of license, so therefore the Council had no authority to enforce it. The mot ic, n and second were ~*,,'i~:hdrawn. Hotion by Norberg, seconded, by Logacz, to defer discussion on license fees until later in the meeting. Roll Call: Ail Ayes ORDt'I','ANCE /857 RELATING TO AND REC.:ULATIf!G THE USE AND SALE OF INTOXICATING L I G:U 0 R Attorney Kalina recommended that the first reading of this ordinance be held a~ain because when the first reading had originally been he]d, which was before the split liquor referendum was p~ssed by' the voters in the November 2 generat election, the Council actually had no authority to pass the ord- inance. Motion by Heintz, seconded by Leeacz, to recess the meeting at 1:/~2 a.m. unti'l a point in time following the Special Meeting called for November 10, '1976. Hotion by Norberg, to begin the recessed meeting3 at 8:00 p.m. following the 7:00 p.m. Special Meeting on November iO, 197(. Motion dies for lack of a second. ~oll Ca1] on meeting to recess: All Ayes Secretary KD/hap Bruce O. Nawrocki, Mayor