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HomeMy WebLinkAboutMar 29, 1977OFFICIAL PROCEEDINGS SPECIAL MEETING OF THE CITY COUNCIL CITY OF COLU~IBIA HEIGHTS, MINNESOTA MARCH 29, 1977 The meeting was called to order at 7:35 p.m. by Council President Heintz. Roll Call: Logacz, Heintz, Norberg, Hentges - present, Nawrocki - absent. Council President Heintz noted that the Mayor would be a little late due to another meeting. Mayor Nawrocki arrived at 7:45 p.m. Motion by Norberg, seconded by Hentges to appoint Vicki Maternowsky Secretary for the meeting. Roll Call: All Ayes Approximately 35 people were present for the hearing. STATEMENT OF PURPOSE OF HEARING Council President Heintz explained that the purpose of this hearing was for the consideration of certain street improvements on various streets in the City as stated in the Notice of Public Hearing. In 1976, the projects com- pleted were primarily in the eastern part of the City. This year the work will be concentrated primarily on the western part of the City. At this time the meeting was turned over to the Engineering Department for their presen- tation. ENGINEERING PRESENTATION A slide-sound presentation was given by the Engineering Department. The slides showed examples of last year's finished construction, plans of the proposed projects, existing conditions of the proposed streets, assessment examples based on 1977 estimated costs, etc. The streets under consideration for improvement this year are those that have a road mixed bituminous or oil treated surface with no curb and gutter. The recommended improvements include salvaging existing suitable treated material for base, removal of undesirable materials, correcting alignments cutting for curb and gutter, relaying and compacting of the base material, installing concrete curb and gutter (a B-618 barrier type curb is recom- mended), and the bituminous paving consisting of a 1½ inch binder course and a 1½ inch wearing course. Existing concrete drives or walks and bitu- minous driveways that have to be adjusted due to changes of grade and align- ment will be replaced with the same type of material that existed at the time of construction. Only that quantity removed will be replaced. Dirt or gravel drives will be replaced with a Class 2 crushed rock through the disturbed area. Sodding of disturbed areas is recommended but is not a part of this construction. The estimated costs for this year's construction are $16.00 per assessable front foot and $5.33 per avenue foot. Summit Street Between Lookout Place and 5th Street At the intersection of Summit anJ Lookout where there is a cross gutter, it is recommended that the storm drain west from the manhole in front of 403 Summit to the intersection be extended. This would eliminate the need for March 29, 1977 the cross gutter and would provide more positive drainage. As noted in the presentation, the driveway apron at 335 Summit, the sidewalk at 407 Summit, and the steps at 411 Summit must be removed and replaced. The hedge at 3962 would have to be removed and the embankment at 3966 Sth wot~ld have to be cut back. Edgemoor Place, 2~ Street to 40th Avenue Three options as to the type of street construction could be considered. Option #1 is a completed street with curb and gutter on both sides with a minimum width of 33 feet. Option #2 is slightly more than one-half of a future 25 foot street with curb on only the west side. Option #3 is a 12 to 14 foot wide concrete alley centered in the right-of way. Option #1 would require the removal of several trees as well as major grading. The hydrant behind 3923 2nd would have to be moved 10~ feet to the west. The existing curb would have to be moved 9 feet to the east. Option #2 results in sheet flow drainage as the water all goes to the west side which can cause icing problems. The existing curb would remain in place. The hydrant would have to be moved 6~ feet. The catch basin would have to be relocated. Option #3 carries the drainage in an inverted centerline which results in difficulty in cleaning. The existing curb would remain in place. The hydrant would remain in its present position. The catch basin would have to be relocated. 41st Avenue from Main Street to 2nd Street The biggest problem at this time is the lack of a defined gutter which makes cleaning difficult. Two driveway aprons will have to be cut back to accommodate construction because of alignment. 42nd Avenue from Main Street to 3rd Street From blain to 2nd on 42nd there are three driveways that will have to be partially cut back to facilitate construction. The four trees at 4200 2nd will have to be removed due to alignment. From 2nd to 3rd the rock retaining wall and evergreen trees at 233 and 241 42nd will have to be removed due to the proposed alignment. The bituminous drive at 4200 3rd will have to be cut back. The estimated cost for this street is $17.00 per assessable front foot or $5.67 per avenue foot which is $1.00 per assessable front foot more than the other streets as the catch basins and leads installed in 1976 were not assessed at the time of construction. 43rd Avenue, Main Street to 2nd Street The existing driveways will require major revisions for proper grading after the street is completed. The parking lot at 4245 Main will have to be cut back to facilitate construction. Concrete alley aprons will be installed to complete the alleys. The estimated cost for this street is the same as for 42nd Avenue from Main Street to 3rd Street, March 29, 1977 3rd Street from 42nd Avenue to 44th Avenue The major problems anticipated are the driveways at 4219 and 4233, 4232, 4323 and 4358 3rd; the storm drain extension at 4233; the relocation of the power pole and hydrant on the south side of 4232; the low yard grade at 4242; the relocation of the hydrant and storm drain at 4210; the slope prob- lem at 4323 and the steps at 4357. 50th Avenue from University Avenue to 5th Street Assessed major maintenance and seal coat in 1972 has kept this street in fairly good condition. For proper access, the driveway at 5000 and 5002 4th would have to be cut back and replaced. The driveway at 5001 4th would have to be slightly cut back. Grade adjustments would be needed at the steep boulevards at 5000 5th and 4958 5th. The concrete driveway at 4957 4th would have to be cut back. 39th Avenue from Main Street to 2nd Street This street was approved in 1975 for construction in 1977. The driveway at 151 39th will be saw cut and replaced in order to provide a proper grade for the driveway. The driveways at 3859 Main and 3856 2nd and the bituminous alley will be cut only to accommodate construction. The concrete drive at 3906 2nd will be saw cut from the curb to provide a proper grade. Following the presentation, Mayor Nawrocki explained the assessment procedure and then opened the discussion for general questions. The lady from 4157 Main asked who was notifi~edofthis hearing as two property owners in her area did not receive a notice. Mayor Nawrocki stated that notices are sent to the property owners on record in the City Assessor's office. In some cases the record of the property owner does not coincide with the occupants of that property. The gentleman from 4318-23 3rd asked what factors are taken into consideration in determining whether a project is approved or not. Mayor Nawrocki stated a project's approval is by Council vote with each Council Member using his own criteria in making a determination. He further stated that members of this Council are very concerned with the opinions of the people who are directly involved. The lady from 403 Summit asked if the pending storm sewer project would in- volve digging up Summit Street after it has been paved. Mr. Watson stated that Summit would not be dug up again since the storm drain extensions that would eventually tie into this main sewer line will be done now in conjunc- tion with the paving. She then asked if the street is dug up after it has been paved such as what happened at 40th Avenue and Jefferson Street, then who is responsible for paying for it. Mr. Brown, City Engineer, stated that it would be the responsibility of whoever was the one that disturbed~the: surface of the street. Mr. Martin of 4032 Washington asked how the City arrives at its priorities as far as which streets are to be done first. Mr. Brown stated that those streets with no curb and gutter and no proper drainage are done first. Mr. Martin then asked if that's the case, then why hasn't 38th Avenue from March 29, 1977 Jefferson Street to 5th Street been done. Mr. Watson stated that before any street work is done there, the old four inch water main has to be replaced. Mr. Martin then asked about 39th Avenue. At this point, Mayor Nawrocki asked that these questions be delayed until later in the meeting so that the projects under consideration this evening can be taken care of. Following the general questions, each street under consideration was individually discussed. SUMMIT STREET, 5TH STREET TO LOOKOUT PLACE The woman from 403 Summit asked if the four trees would have to be removed. Mr. Berg from the Engineering Department stated the trees would remain as they are back far enough. The gentleman from 403 Summit asked if a 1~ inch binder course is enough. Mr. Berg stated that there is actually two 1~ inch layers of bituminous placed on the street. The first 1~ inch is the binder course. After that, all utilities are brought up 1~ inches above that and then the other 1~ inch wearing course is placed on the street. This 3 inches of bituminous is on top of a 3 inch base which is a normal residential design and which has a life expectancy of 25 to 30 years. The woman from 403 Summit asked what the cost would be for putting in a curb cut. Mayor Nawrocki stated there is no additional cost for this. ever, the curb cut cannot be arbitrarily put in; there has to be a legal purpose for it. How- The gentleman from 411 Summit wanted to know how many sidewalk steps would be removed, and if there would have to be a retaining wall, would the slope in front of his house be cut. Mr, Berg stated that no retaining wall is proposed, and the slope would only be regraded. The curb is going to be about 1~ feet back from where the sidewalk begins so it would be back close to the first step. Since this will match quite well, little regrading will have to be done. Mr. Martin who was representing the owners of 3962 5th asked how far back from where the hedge is will the curb be. Mr. Berg stated the curb line would go right through the hedge. Mr. Martin also asked that since sod replacement is not included in this project, what will happen to all the dirt that remains after the banks are cut. He remarked that he thought there was some kind of law that states when there is a disturbance in the existing grade it must be maintained. The City Attorney stated that grades must be maintained to keep it erosion-free. Mr. Martin then stated that by not sodding there will be a lot of disturbed property. Mr. Berg stated that sodding is recommended by the City, but when is is included in a project it becomes quite costly. Mayor Nawrocki stated that in answer to his question, the estimated cost of this project includes rough grading, but no sodding. Should sodding be included that would be added on to the estimate. Past experience has shown that when sodding is included, the cost is much higher than if the individual homeowner did the sodding himself. In the past, the general feelings of tile people are that they would rather do the res- toration work themselves since it could be done much cheaper. This subject should be discussed tonight and if the people would rather have sodding included, then it will be. Mr. Martin strongly felt that if something is March 29, 1977 going to be disturbed, then take care of it--no matter what the cost is. At this point, Mr. Martin spoke heatedly against the manner in which the City proceeds with street construction by doing one block at a time each year. Mayor Nawrocki asked that the City Attorney restate the legal requirements regarding disturbing property. City Attorney Kalina stated the requirements refer to excavating or grading being done at building sites. In this case, the actual restoration work is under the obligation of the property owner unless it is so stipulated otherwise in the contract. This type of restoration is usually not noted as creating a great deal of erosion. Mayor Nawrocki then asked if the Engineering Department's propo- sal on restoration is in any way contrary to the law. Mr. Kalina stated absolutely not since it is up to the City at this hearing with the input of the people to decide whether final restoration work should be done or not. Whether sodding is or is not included in the contract would not be contrary to the law. Mayor Nawrocki asked what the estimated total restoration work would add to the estimated cost of construction. Mr. Brown estimated that the cost would increase by about a dollar per assess- able foot. Mr. Martin asked who was responsible for retaining the hills when 40th Avenue was done. Mayor Nawrocki stated that work was paid for by municipal state aid funds with no assessments made against the property owner. The municipal state aid system was explained by Mayor Nawrocki. The lady from 3974 5th asked if the remainder of 5th Street going south would be curbed. Councilman Heintz stated curbing would be done only if the City is able to have storm sewer installed. She then went on to read an article that read possible federal funds will be available for the improvement of 5th Street, 40th Avenue to 43rd Avenue. She.wanted' to know if these people would have to pay and where the City is getting the money for this project. Mr. Watson stated that at this particular location there is awate~ main .that was installed in 1896. Its capacity is very low. The federal application that is being made is for the replacement of that water main. The cost of the curb and gutter and paving would be an assessable project. The total amount of the project is mentioned, but in actual fact the amount applied for will only cover some restoration work on the utilities and on the water main installation. Mayor Nawrocki asked if the people living on Summit would like to have sodding included in the project. Three property owners were in favor and two were not. Mayor Nawrocki noted that this project would be proposed for an eight year assessment. The lady from 3974 5th asked what she would be assessed for. The City Assessor stated she would be assessed for an avenue charge. Motion by Hentges, seconded by Heintz to approve this street improvement project including restoration. Discussion on including sodding. Motion by Norberg, Seconded by Logacz to strike sodding from the project. Councilman Heintz stated he could go along with no sodding provided proper grading was done. March 29, 1977 Roll Call on Motion to strike sodding: Logacz, Norberg - Aye Heintz, Hentges, Nawrocki - Nay Motion denied. Sodding stays in the project. Roll Call on Motion to approve project including sodding: Hentges, Nawrocki - Aye Norberg - Nay Motion carries. Logacz, Heintz, EDGEMOOR PLACE, 2~ STREET TO 40TH AVENUE The gentleman from 3922 2nd Street stated he would be in favor of the half- street construction. The three alternatives for this were again explained by the Engineering Department. The cost estimate for the concrete alley would be about $10.00 per front foot. The estimate for the half street would be about $9.50 per front foot, and the estimate for the full street would be about $16.00 per front foot. Mayor Nawrocki asked why the half street could not be kept within the traveled right-of-way. Mr. Berg stated that if the street was ever to be completed to give 25 feet of travel, then the curb that would be on the westsi~cwould be properly located for the new curb on the other side. Two ladies noted that only one house faces Edgemoor, the rest either face 2nd or 3rd Street. Therefore~ why would the City ever want to finish the street. Their opinion was that of leaving the street narrow and keeping it within the right-of-way that is currently being traveled on. Lengthy discussion held. Brief discussion held on icing problems that could occur with the half street construction. One gentleman stated he thought a 16~ foot street would be more appropriate than a 20 foot half street. Mr. Berg noted that 16~ feet is very narrow for two cars to meet which is why the Engineering Department recommended a 20 foot roadway. Further discussion took place on putting the street within the traveled right-of-way. Councilman Hentges stated he would be in favor of an alley and gave his reasons for it. One reason being that the speed limit for an alley is lO mph. This would make it much safer for the children who play at the playground at the end of the block. One gentleman asked about the possibility of a bituminous alley. Mr. Berg stated there wasn't enough grade on the street for a bituminous alley. Councilman Norberg stated that an additional advantage to the 10 mph speed limit for an alley is that to some extent it is self-enforcing because even some of the "idiot" drivers would not think of traveling 30 mph down an alley. He further stated that by putting in a concrete alley and centering it, the people would be giving up very little. This would give the people a clear visual definition that they have gone from a street to an alley, and therefore they would figure that they should travel at a lower speed. Brief discussion. March 29, 1977 Motion by Hentges, seconded by Logacz to concur with the Engineering De- partment's recommendation to construct a 12-14 foot concrete alley on Edgemoor Place. One woman asked if there would be curb on one side as her main concern is that there be proper drainage. It was noted there is no curb with an alley, but rather it has an inverted centerline for the collection of water. One gentleman asked if parking would be allowed in the alley. Mayor Nawrocki stated with an alley there is no parking. Mayor Nawrocki asked if the 10 mph speed limit is the legal speed for an alley or advisory. The City Attorney stated it is the legal speed limit. Mayor Nawrocki stated that he sensed the people were interested in an alter- native to this in that there would be curb on one side. He then asked the people which option they preferred. Two property owners were in favor of the concrete alley and three property owners were in favor of the half street with the curb on the west side. Discussion held. Based on the above discussion, Councilman Hentges withdrew his motion. Further discussion on the option of constructing a half street within the existing traveled right-of-way. Mayor Nawrocki asked the City Engineer if the street could be constructed within the traveled right-of-way. Mr. Brown stated that it could be; however, such a meandering travel is difficult to follow. Brief discussion on whether street should be 16 or 20 feet wide. It was noted that the people involved would prefer a 16 foot street. Motion by Heintz, Seconded by Logacz that the project be authorized which would be a 16 foot street with curb and gutter on one side. Councilman Hentges stated that the proposal is creating something wider than exists now and is allowing traffic to go both north and south. The residents pointed out that the traffic can go both north and south right now. Mayor Nawrocki noted that what exists now is much wider than the proposed half street. Mayor Nawrocki asked if the residents would prefer to do their own restora- tion or have it added to the project. The people preferred to do their own restoration. Mr. Watson noted that the anticipated spread for the assessment would be five years. Mr. Berg stated with the 16 foot street the estimated cost would drop to $8.50 per front foot. Roll Call on Motion: Logacz, Heintz, Nawrocki - Aye Norberg, Hentges - Nay Motion Carries. March 29, 1977 Councilman Hentges noted that he was very much against the action taken because it is creating a hazardous situation in relationship to the playground and the 30 mph speed limit for the street. 41ST AVENUE, MAIN STREET TO 2ND STREET Mayor Nawrocki noted that one petition signed by four property owners was presented opposing the project~ Motion by Logacz, Seconded by Heintz to place the petition on file. Roll Call: All Ayes It was noted that there were no residents present from 41st Avenue. Councilman Hentges stated that he talked with a couple of the neighbors; one indicated he did not object to the proposed construction and the other indicated he would go along with the other neighbors~ Another resident he talked to also did not object to it, Motion by Hentges, Seconded by Norberg to authorize the construction of 41st Avenue, Main Street to 2nd Street. Roll Call: All Ayes 42ND AVENUE, MAIN STREET TO 3RD STREET Mrs. Cannon from 4157 Main wanted to know what effect the construction would have on her property. Mr. Berg stated that the utility pole on her property is beyond the construction and would not be bothered, Also, the hedge would not b~ affected. Mr. Cannon asked if the grade of the street would change. Mr. Bert stated the grade will always change slightly, but the City tries to maintain a grade that is approximately equivalent to the existing centerline grade. He further stated this street should remain approximately the same. Mr. Cannon noted that they have had a drainage problem in the alley for many years and by not changing the grade in the street, they will continue to have that problem. They have called a number of times for something to be done, but nothing has been done to correct the problem. Mr. Berg stated that he was previously talking about the centerline grade. The gutter line grades are normally lowered. The old streets are basically flat all the way across and when properly grade< there is a six inch gutter which will result in a more positive drainage from the alley to the street. One gentleman stated in the 24 years he has lived there, he has noticed no problem of standing water. The only standing water that occurs is near 4157 Main. It was noted that this problem occurs in the alley and not where the alley and street meet. Mayor Nawrocki asked that this problem be checked further and a letter written to Mr. Cannon indicating what can or cannot be done to correct the problem. One gentleman stated that this is somewhat of a dead end street with very few people using it and is in a much better condition than other streets he has seen. What is in intended is to take down trees, bushes, retaining walls, etc., all for a street that has very little traffic. Mr. Berg stated that this is a continuation of 3rd Street which is also being pro- posed for construction. He further stated that the intent of a residential March 29, 1977 street is for a minimum amount of traffic. It is designed to serve the people in the area. Mr. Moneta, 4312 Madison, who owns the property at 233 42nd asked if it was absolutely necessary to take the retaining wall down. Councilman Hentges stated this item was brought before the Traffic Commission and the HRA Downtown Development Council. They felt that because of the development that could occur which would then increase the amount of traffic, it would be necessary to have a 60 foot right-of-way rather than a 30 foot right-of-way. Mayor Nawrocki noted that as the street is proposed, it is necessary for the City to acquire some of Mr. Moneta's property. He asked if this has been anticipated in the project as proposed including the costs. Mr. Berg stated that land acquisition was not taken into account at this time. Mayor Nawrocki noted the City's obligation tonight is to give the people the best reasonable cost estimate, and if acquisition of land is a necessary part of the project, then it should be included as a part of the estimate given tonight. Mr. Watson stated that the additional estimate was not available at this time, and it would be an extra cost. Councit~man Hentges .wondered why this project is even being considered if the City does not have the necessary land ac- quisition. Mayor Nawrocki stated that if the project was approved, acquisi- tion of land would have be part of the project. It wouldn't make sense to acquire the land if the City was not going to put in the street. One woman asked if what was being said meant the residents in the area had to buy Mr. Moneta's property in order to improve the street. Mayor Nawrocki stated that not all of t~is land has to be acquired. The proposal includes acquiring approximately the front 30 feet of his land where the stone wall is. This is a portion of the property that is in what would be the normal street right- of-way. One gentleman stated that if Mr. Moneta wanted to, he could really "soak" the people. Mayor Nawrocki stated that in the past, Mr. Moneta has not been particularly in favor of giving up the land. One woman asked how much more would it cost from the estimated $17.00 per front foot. Mr. Watson stated that based on the appraisal which is about two years old, it would be about an additional $2.00 a foot. Mayor Nawrocki stated that based on past discussions, it is possible that this strip of land would have to be condemned since in the past the City and Mr. Moneta have not been able to reach an agreement. Mr. Moneta stated that as he recalls it, he has never been made an offer. One woman felt that the residents should not have to sit around and wait at this hearing while the City and Mr. Moneta discuss their problem. Mayor Nawrocki reiterated there are ways to acquire the land such as condemnation if the City and Mr. Moneta cannot reach a reasonable negotiation. The gentleman from 4200 2nd stated that he objectstothe taking down of~the trees. Brief discussion on the zoning of the land in that area. One gentleman asked if the property owners will be reimbursed for the removal of the trees. Mayor Nawrocki stated that reimbursement for tree removal applies only to those trees that are diseased. Mr. Moneta asked if there was any particular time for starting construction. Mayor Nawrocki stated that in addition to receiving bids and awarding a contract, one of the factors determining the start of construction would be the land acquisition of his property. March 29, 1977 Mr. Moneta stated he does not want to drag the land acquisition out for a a long time and that the City does have his cooperation in this matter. Councilman Norberg asked what the total estimated cost would be including acquisition. Mayor Nawrocki stated it would be $19.00 per front foot and $6.33 per avenue foot. One gentleman asked how far the assessment would run on 3rd Street. Hayor Nawrocki stated it would run halfway between 42nd Avenue and 44th Avenue. Councilman Norberg asked for the reaction of the people as far as whether they would like to see the project done or not. Two properties were in favor of it, and four were not. Motion by Hentges that this proposed project be denied because the City does not have at this time the necessary land acquisition. Mayor Nawrocki noted that this was a fair motion, but the City can't acquire land unless it has a public purpose to acquire it for, and if the City doesn't have a street improvement project authorized, it has no business acquiring the land. Discussion held. Motion dies for lack of a second. Motion by Heintz, Seconded by Norberg that the project be authorized. Call: Logacz, Heintz, Norberg~ Nawrocki - Aye Hentges - Nay Motion carries. Roll 43RD AVENUE, MAIN STREET TO 2ND STREET The gentleman from 4255 Main wanted to know what would be done with the parking lot for the apartment building.. Mr. Berg stated that the intention is to limit the opening to the driveway to 22 feet. That opening would be set up to coincide with whatever parking pattern is desired. The gentleman further stated that he has had trouble with tenants parking on the boulevard. Mr. Berg stated that would be taken care of with the installation of curb and gutter. Brief discussion. The gentleman from 4337 Main was concerned about the steep driveway at 4258 2nd. He felt that the people shouldn't have to pay for its reconstruction especially since a mistake was made when the driveway was put in. He felt that this should be taken care of by the contractor who put in the driveway. He wanted to know if provisions could be made so that the other property owners would not have to pay for this work. Mr. Berg stated that the drive- way can be used as is, but when the street grade is lowered to accommodate the low driveway across the street, you end up with this removal which will give a grade that he will be able to use after construction. Mayor Nawrocki stated that he knows of no good policy or procedure that would eliminate the chances of this kind of situation from happening. People who develop their individual properties have the right to develop it the way they wish. As Mr. Berg state, the basic reason for pulling the whole driveway and replacing it is to match the grade with the property across the street. The gentleman then asked if there is a code determining how steep a driveway can be when entering onto the street. Mr. Berg and Mr. Watson stated they do not believe there is any such code. The City Attorney stated that he didn't know if a March 29, 1977 jury would hold the contractor to the duty of checking with City Hall regarding the grade prior to placing the driveway. This would be a matter between the owner and the contractor as to whether he is negli- gent. Councilman Norberg asked what this additional work would cost. Mr. Brown stated it would cost about $240.00. Mr. Berg stated that the contractor did conform to the street as it existed, and there was no street grade set at the time it was put in. Motion by Heintz, Seconded by Logacz that the project be approved. Councilman Hentges stated that if someone came in and tore out his driveway, hewoulddefinitely expect them to put it back in. Mr. Watson stated that the project assessment would be spread out over a period of eight years. Roll Call on Motion: All Ayes 3RD STREET, 42ND AVENUE TO 44TH AVENUE Mr. Vant of 4357 3rd stated he was opposed to the project due to the amount of property he has already given the City. He asked if it was correct that instead of taking property from the west side of the street, it will be taken from the east. Mr. Berg stated that any property acquisitions would be symmetrical with the old centerline. Mayor Nawrocki asked if any new property had to be acquired for this project. Mr. Berg stated that there are several parcels to be acquired. In reference to 4357, there would be no further acquisition. Mr. Nelson from 4339 3rd Street felt that it was not justified to have to pay for this construction for 72 apartment dwellers. He asked for clari- fication on the subject of restoration that was discussed earlier and on the procedures for the condemnation of land. This was explained by Mayor Nawrocki. In his explanation he stated that if negotiations between the City and the property owner fail, then the owner is given notice of con- demnation proceedings. The gentleman stated that four years ago the City took some of his property, and he received no notice that this was being done. He also stated that the Mayor was supposed to meet with him on a problem he was having with his driveway as a result of the slope that was put in, but the meeting never took place. Mayor Nawrocki apologized for not having met with him and asked that this matter be checked into. The gentleman from 4357 3rd felt that the project should be delayed until such time when it is known how the various pieces of property up for sale are developed. The gentleman from 4201 3rd wanted to know what would be done on the east side. Mr. Berg stated that on the east side, the existing edge of travel is about two to three feetbey~n~where the back of the curb would be so it is wider now on the east side than it will be after construction. The gentleman then asked if this will move into or away from the parking lot. Mr. Berg stated it will move away from the parking lot on the east side. March 29, 1977 Mr. Lasky, owner of 4318, 4322, and 4330 3rd, stated he felt the City was moving too fast on the project. He stated he like the idea of construction, but wondered whether it was economically feasible at this time. Fie asked that more time be spent so that those involved can decide whether it will be worth the expense and whether it is really wanted. Councilman Norberg asked how much more time should be given. Mr4 Lasky stated he would like to have 30 days or 2 weeks in which to look over the situation. Motion by Hentges, Seconded by Logacz that the project for 3rd Street, 42nd Avenue to 44th Avenue be authorized. Councilman Norberg stated that he was not so concerned with the economics because if you make this investment you are bound to get it back when you sell the property. However, if there is to be construction within the next couple of years and therefore a lot of heavy traffic, then it would make sense to leave the street as is until the development of the area is completed. Mr. Watson stated it is required that any utility stubs not brought out to property line must be put in before the street is surfaced. Further, when a contractor does damage to a street after it has been con- structed, the contractor does have to pay for the damage. Roll (]all on Motion: Logacz, Heintz~ Hentges, Nawrocki - Aye Norberg - Nay Motion carries 50TH AVENUE, UNIVERSITY AVENUE TO 5TH STREET Mayor Nawrocki noted a petition was presented opposing the project. Motion by Heintz, Seconded by Logacz to place the petition on file. Roll Call: All Ayes Mrs. Riedell who lives on the corner of 50th felt that the street is just as good now as it always was and does not need to be done this year. Mr. Siegrist, 5001 4th, stated that the seal coating job done in 1972 has not yet deteriorated, and he felt that what they were assessed for in 1972 would be wasted if the project was approved. Mr. Berg stated that after the Engineering Department had looked at the street, they found it to be in good condition, and therefore, they recom- mended delaying construction. Mr. Watson stated that it should be mentioned that each year the cost of this kind of construction goes up about $2.00 a foot. In all fairness, the people should be aware that it can be done a bit more economically this year than next year. The gentleman from 4938 5th stated that he does not like the method the City uses on assessments. He asked why only half the people north of 50th and half the people south of 50th are to be assessed instead of the whole block. Mayor Nawrocki explained that everybody with the exception of those living on state, aid, county aid, or state highway type streets v~ill be faced sooner or later with an assessment for curb, gutter, and surfacing in front of their property and for one side street. To assess the whole block would mean the people would at some time be assessed for two side streets and not just one. March 29, 1977 The gentleman from 5000 5th felt that this work should have been done in 1972 instead of the seal coat job. Since 1972 he has improved his property by putting in sidewalk and an asphalt driveway and does not wish to see that all torn up. Mayor Nawrocki stated that all the streets discussed tonight were brought up in past years for permanent surfacing. Each time the majority of the people didn't want the work done. Motion by Logacz, Seconded by Heintz that the construction of 50th Avenue, Universi~ty Avenue to 5th Street be denied. Roll Call: All Ayes 39TH AVENUE, MAIN STREET TO 2ND STREET Mayor Nawrocki noted that this was not on the agendas but was included in the slide presentation. It was the intent of the Council to allow the people to be heard again even though the construction of this street was approved at a hearing held in 1975. It was noted that no one from 39th Avenue was present. At this time, Councilman Logacz commended the Engineering Department for the excellent presentation they gave. Mayor Nawrocki stated all the Council would concur that this presentation was a marked improvement over past pre- sentations. RESOLUTION 77-19 BEING A RESOLUTION ORDERING IMPROVEMENTS BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights, WHEREAS, the City Council of the City of Columbia Heights by motion on the 28th Day of February, 1977 ordered notice of a hearing to be given to prop- erty owners, and WHEREAS, pursuant to a notice of hearing certain residents appeared at a Council Meeting on the 29th day of March, 1977, and WHEREAS, the Council determined to proceed with these local improvements, a portion of the cost being defrayed by special assessments under Charter provisions. NOW, THEREFORE, BE IT RESOLVED 1. That the location and extent of such improvements is as follows: Summit Street, 5th Street to Lookout Place Edgemoor Place, 2½ Street to 40th Avenue 41st Avenue, Main Street to 2nd Street 42nd Avenue, Main Street to 3rd Street 43rd Avenue, Main Street to 2nd Street 3rd Street, 42nd Avenue to 44th Avenue 2. That the materials to be used are as follows: Concrete Curb and Gutter Gravel Base and Bituminous Surfacing March 29, 1977 o That a careful estimate of the cost of the improvement has been made by the City Manager and the several lots and parcels of land fronting upon and adjacent to such proposed improvement, which he deemed benefited thereby, were properly no~.ified of said hearings, and 4. That the City Manager shall also list the names and owners of the sev- eral parcels so improved as nearly as can be ascertained. 5. These improvements shall also be known as Project No. 704. Passed this 29th day of March, 1977 Offered by: Logacz Seconded by: Heintz Following the reading of the reselution, Councilman Norberg stated on the Summit Street project which includes sodding, there is an inequitable cost distribution. He further felt that Edgemoor Place was an unwise project, and 3rd Street, 42nd Avenue to 44th Avenue, was not a good project because it has a substantial amount of development to be done which will break up the street. RECESSED AT 11:35 P.M. RECONVENED AT 11:40 P.M. Motion by Norberg to strike the Summit Street project and the Edgemoor Place project from the list. Motion dies for lack of a second. Roll Call on Resolution: Logacz, Heintz. Hentges~ Nawrocki - Aye Norberg - Nay Resolution 77-19 is adopted. Councilman Hentges stated he would like to have Edgemoor Place reclassified as an alley. In that way, the speed limit can be limited to 10 mph. Motion by Hentges to reclassify Edgemoor Place from being a street to an alley with a speed limit of 10 mph~ The City Attorney stated that this motion is out of order at this special meeting. This could be handled at the recessed meeting which follows this hearing. Mayor Nawrocki asked if any special action was needed now regarding the acquisition of various parcels of land for the construction. The City Attorney stated that no action is needed at this time, but if condemnation becomes necessary, then the ordering of the appropriate resolutions will have to be done. Motion by Heintz, Seconded by Logacz to adjourn the special meeting at 11:47 p.m. Roll Call' All Ayes Bruce G. Nawrocki, Mayor Secretary