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