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HomeMy WebLinkAboutMay 23, 1977OFFICIAL PROCEEDINGS REGULAR MEETING OF THE CITY COUNCIL CITY OF COLUMBIA HEIGHTS, MINNESOTA MAY 23, 1977 The Meeting was called to order at 9:07 p.m. by Council President Heintz. Roll Call: Logacz, Heintz, Norberg--present Hentges, Nawrocki--absent Council President Heintz noted that Mayor Nawrocki was out of town and Councilman Hentges would be arriving late due to a Traffic Commission hearing which was taking place at the Field House. Motion by Norberg, Seconded by Logacz to name Karen DeBruin secretary for the meeting. Roll Call: All Ayes INVOCATION Invocation was given by Reverend Paul Waite of Shiloh Bethany Presbyterian Church. MINUTES Council President Heintz noted that the minutes for consideration were those from the special meetings of May 4, ll, 18, and 19 (Public Hearings on the Proposed City Code) and the regular meeting of May 9. Motion by Logacz, Seconded by Norberg to approve the minutes as presented in writing and the reading be dispensed with. Roll Call: All Ayes PAYMENT OF BILLS Motion by Norberg, Seconded by Logacz to defer consideration of bills until later in the meeting. Roll Call: All Ayes PUBLIC HEARING - SANITARY SEWER CONSTRUCTION ON 3RD STREET, 4OTH TO 41ST AVENUES AND THE EAST SIDE OF UNIVERSITY FROM 40TH TO 41ST AVENUES Council President Heintz turned the floor over to Bob Owens and Clayton Berg of the Engineering Department for their slide presentation on this proposed construction. The first slide which was shown pointed out the planned location of the sanitary sewer. The second slide showed a profile of the sewer and the third slide showed a total view of the plan sheet. The fourth slide listed the materials and quantities to be used in construction. The last slide gave the estimated cost of the project as being $35,000 or $20 per assessable foot. Councilman Hentges entered the meeting at 8:18 p.m. Council President Heintz asked if University Avenue would have to be dug up for this construction. Mr. Berg replied that it would not. Present for this hearing were: Mr. Hemp, 4048 3rd Street; Mr. Goodman, 4039 University Avenue; Mrs. Porter, 4030 3rd Street; and Mr. Moneta, who owns property on the east side of 3rd Street. May 23~ 1977 Mr. Moneta asked if it would be easier and less costly to put in a lift station. City Manager Watson explained that a lift station is an on- going maintenance and expense item for the City that is avoided if at all possible. Council President Heintz asked about the cost of a lift station. Mr. Watson stated that he would estimate the initial cost to be between $12,000 and $20,000. There was much discussion on pending development in the area. Mr. Moneta expressed his concern that putting the sanitary sewer in now was Iputting the cart before the horse.' Council President Heintz asked who ofthose present from the area were in favor of the proposed construction. Mr. Hemp and Mr. Goodman indicated they would like to see the project done. Mrs. Porter and Mr. Moneta stated they did not feel it was appropriate at this time. Motion by Hentges, Seconded by Logacz to authorize construction of a sanitary sewer on 3rd Street from 40th to 41st and the east side of University Avenue from 40th to 41st Avenue. Councilman Logacz noted that he would like to see all cesspools in Columbia Heights eliminated. Councilman Norberg noted that he was concerned about the development proposed for the area. He suggested approving the project, but to allow more time to get a better idea of how the land will be developed. There was discussion on past situations and possible future develonnent for the area. Motion by Norberg, Seconded by Logacz to continue this hearing until the next regular Council meeting. Roll Call: All Ayes PUBLIC HEARINg - CONDEI~NATIOil OF 3871 POLK STREET Attorney Kalina began by distributing copies of the findings and order prepared relative to the condemnation. Arden Hovland, Building Inspector, testified that the building was a public nuisance. He stated that a fire had done considerable damage to the structure and he enumerated the things about the house that formed the basis for starting the condemnation process. Many aspects of the structure did not meet code. Motion by Norberg, Seconded by Hentges to adopt the findings and order regarding the condemnation of 3871 Polk Street and require that the structure be removed within twenty five days. Roll Call: All Ayes May 23, 1977 Mr. Watson reported that Mr. and Mrs. Raymond Kreps had indicated an interest in renting the City-owned house at 627 38th Avenue. The Kreps would be in the house for a period of four months, while the house they are having built is completed. The rent was to be $250 per month with the Kreps incurring the costs of any repair or maintenance item they wished to have done to the house, including reconnecting the utilities. A question was raised on insurance. Attorney Kalina replied that the property was insured as all City property is, but the Kreps would have to insure their own belongings. Motion by Hentges, Seconded by Logacz to authorize the City Manager to enter into an agreement with Mr. and Mrs. Kreps for the lease of the house at 627 38th Avenue for a period of four months. Roll Call: All Ayes PLANNING AND ZONING ITEMS: 1. AUBURN AUTOMATIC PRODUCTS, 4857 UNIVERSITY AVENUE It was noted that this item had been tabled from the last meeting for further investigation. There was some discussion on how the proposed addition could be constructed to allow for more parking. It was noted by Dean Otterson, City Planner/HRA Director, that the building at 4857 University Avenue was a non-conforming use. He noted that variances cannot be granted and additions cannot be allowed in this case. Councilman Hentges commented on the number of times a case has come through the Planning and Zoning Commission and to the City Council before anyone mentions that it is not possible to grant the request. Motion by Norberg, Seconded by Hentges to deny the request. Councilman Logacz asked why cases like this where nothing can be done come up before the Planning and Zoning Commission and the City Council. He stated that the person or persons requesting things like this are often mislead to believe their request can be granted. Attorney Kalina stated that apparently there was a feeling that every- one is entitled to their day before the Planning and Zoning Commission and City Council. Councilman Logacz stated that such cases should be clear from the very beginning. Mr. Otterson stated that typically what happens when a person comes in to staff with a request that is not possible to grant, and this is explained to them, they still want their 'day in court.' May 23, 1977 Roll Call on Motion to Deny: All Ayes 2. ALLAN GLAD, 4421 3RD STREET It was noted that this request for a privacy fence did not require any further action. BIDS ON TREE AND STUMP REMOVAL It was noted that the staff was recommending award of bid to the low bidder on tree and stump removal, Ace Tree Service. Haines Tree Service was being recommended for Section B of the bid, trimming of trees and removal of debris. They were also recommended for award on application of Vapam barriers. It was noted that the recommended bidder on Section A (tree and stump removal) Ace Tree Service had not bid on application of Vapam barriers, which was a part of Section A. Councilman Norberg asked if failure to offer all of the services under Section A made the bid non-responsive to that section. Attorney Kalina noted that technically it would be a non-responsive bid unless the Vapam barrier was an informality that could be waived. It was noted that Ace Tree Service could have bid any figure for application of Vapam and still have been low because this was not a determining factor. Councilman Norberg asked City Forester (Park Superintendent) John Murzyn if it was common for tree services not to offer the application of a Vapam barrier. There 'was some discussion on this question, during which representatives from Ace Tree Service stated that tree services working in nearby communities did not all offer Vapam service. Mr. Murzyn stated that, according to state law, there are some instances when a Vapam barrier must be applied. Motion by Norberg that the Council finds that the application of a Vapam barrier is necessary on the recommendation of the City Forester, so therefore the bid of Ace Tree Service is non-responsive to the specifications and to award the bid to Haines Tree Service. Motion dies for lack of a second. It was noted that if Ace's bid was non-responsive, the low bidder would be All State Tree Service. Motion by Norberg, Seconded by Hentges that the Council finds that the application of a Vapam barrier is necessary on the recommendation of the City Forester, so therefore the bid of Ace Tree Service is non-responsive to the specifications and to award the bid to All State Tree Service and authorize the Mayor and City Manager to enter into contract for same. Roll Call: All Ayes May 23, 1977 It was noted that Haines Tree Service was the low bidder on Section B of the bid, tree trimming and removal of debris. Motion by Hentges, Seconded by Norberg to award the bid on tree trimming to Haines Tree Service and authorize the Mayor and City Manager to enter into contract for same. Roll Call: All Ayes BIDS ON STREET CONSTRUCTION AND MISCELLANEOUS WORK It was noted that staff was recommending award of bid to NDH, Inc. Motion by Norberg, Seconded by Hentges to award the bid on street construction and miscellaneous work to NDH, Inc. in an amount of $135,573.90 and the Mayor and City Manager be authorized to enter into contract for same. Roll Call: All Ayes CALL FOR BIDS ON SOUTHWEST PARK BUILDING CONSTRUCTION Motion by Logacz, Seconded by Norberg to authorize a call for bids on Southwest Park Building construction, with bids to be opened at 10:O0 a.m. Thursday, June 15. Roll Call: All Ayes RESOLUTIONS APPROVING APPLICATION FOR PRELIMINARY LOAN FOR LOW RENT PUBLIC HOUSING Dean Otterson, City Planner/HRA Director, explained that the two resolutions for consideration, if passed, would allow the Housing Authority to apply for preliminary loans for low rent housing. One application would be requesting funds in an amount of $6,000 for surveys and planning in connection with construction of fifteen new single family dwellings at scattered sites throughout the City. The other application would be similar, requesting $5,000 for surveys and planning in connection with acquiring and rehabilitating ten existing single family dwellings at scattered sites throughout the City. All of these structures were proposed to be rented by low income residents. Mr. Otterson went into further detail on various aspects of the program. RESOLUTION 77-27 APPROVING APPLICATION FOR PRELIMINARY LOAN FOR LOW-RENT PUBLIC HOUSING WHEREAS, it is the policy of this locality to eliminate substandard and other inadequate housing, to prevent the spread of slums and blight, and to realize as soon as feasible the goal of a decent home in a suitable living environ- ment for all of its citizens; and, WHEREAS, under the provisions of the United States Housing Act of 1937, as amended, the United States of America, acting through the Secretary of Housing and Urban Development (herein called the "Government"), is authorized to provide financial assistance to local public housing agencies for undertaking and carrying out preliminary planning of low-rent housing projects that will assist in meeting this goal; and, May 23~ 1977 WHEREAS, the Act provides that there shall be local determination of need for low-rent housing to meet the needs not being adequately met by private enterprise and that the Government shall not make any contract with a public housing agency for preliminary loans for surveys and planning in respect to any low-rent housing projects unless the governing body of this locality involved has by resolution approved the application of the public housing agency for such preliminary loan; and, WHEREAS, the Housing and Redevelopment Authority of Columbia Heights, MN (Herein called the "Local Authorityl'), is a public housing agency and is applying to the Government for a preliminary loan to cover the costs of surveys and planning in connection with the development of iow-rent housing; NOW, THEREFORE, be it resolved by the City Council of the City of Columbia Heights, as follows: 1. That there exists in the City of Columbia Heights, MN, a need for such ]ow-rent housin9 which is not bein9 met by private enterprise; 2. That the application of the Local Authority to the Government for a preliminary loan in an amount not to exceed $6,0OO for surveys and planning in connection with low-rent housing projects of not to exceed approximately fifteen (15) single family dwelling units is hereby approved. Offered by: Logacz Seconded by: Hentges Roll Call: Logacz, Heintz, Hentges--aye Norberg--nay RESOLUTION 77-28 RESOLUTION APPROVING APPLICATION FOR PRELIMINARY LOAN FOR LOW-RENT PUBLIC HOUSING WHEREAS, it is the policy of this locality to eliminate substandard and other inadequate housing, tp prevent the spread of slums and blight, and to realize as soon as feasible the goal of a decent home in a suitable living environment for all of its citizens; and WHEREAS, under the provisions of the United States Housing Act of 1937, as amended, the United States of America, acting through the Secretary of Housing and Urban Development (herein called the "Government"), is authorized to provide financial assistance to local public housing agencies for undertaking and carrying out preliminary planning of low-rent housing pro- jects that will assist in meeting this goal; and, WHEREAS, the Act provides that there shall be local determination of need for low-rent housing to meet needs not being adequately met by private enterprise and that the Government shall not make any contract with a public housing agency for preliminary loans for surveys and planning in respect to any low-rent housing projects unless the governing body of the locality involved has by resolution approved the application of the public housing agency for such preliminary loan; and, WHEREAS, the Housing and Redevelopment Authority of Columbia Heights, MN, (herein called the "Local Authority"), is a public housing agency and is applying to the Government for a preliminary loan to cover the costs of May 23, 1977 surveys and planning in connection with the development of low-rent housing; NOW, THEREFORE, be it resolved by the City Council of the City of Columbia Heights, MN as follows: 1. That there exists in the City of Columbia Heights, MN a need for such low-rent housing which is not being met by private enterprise; 2. That the application of the Local Authority to the Government for a preliminary loan in an amount not to exceed $5,000 for surveys and planning in connection with low-rent housing projects of not to exceed approximately ten (10) existing single family dwelling units is hereby approved. Offered by: Logacz Seconded by: Hentges Roil Call: Logacz, Heintz, Hentges--aye Norberg--nay Councilman Norberg noted that he did not feel the City should be in the business of renting property, thus his nay vote. Recess 10:40 P.M. Reconvene 10:48 P.M. RESOLUTION AUTHORIZING ACQUISITION OF EASEMENTS RESOLUTION 77-29 AUTHORIZING ACQUISITION OF EASEMENTS WHEREAS, the City Council of the City of Columbia Heights, deems it necessary for the preservation of public peace, health, and safety, and WHEREAS, it is necessary for the purpose of constructing and maintaining a public roadway, BE IT HEREBY RESOLVED, by the City Council of the City of Columbia Heights, that the following parcels of land shall be condemned for the purpose of constructing and maintaining a public roadway, to-wit: 1. (Parcel 1460) The westerly 10 feet of Lot 17, Block l, Rearrangement of Block C, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota 2. (Parcel 1260) The westerly 10 feet of the Northerly 80 feet of Lot 15, Block 1, Rearrangement of Block C, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota 3. (Parcel 2040-1) The easterly 10 feet of Lot 5, Block 2, Rearrangement of Block C, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. 4. (Parcel 2160) The easterly 10 feet of the south 71 feet of Lot 6, Block 2, Rearrangement of Block C, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota May 23, 1977 5. (Parcel 2245) The southerly 30 feet of the south 125 feet of the West 100 feet of the east 171 feet of Lot 7, Block 2, Rearrangement of Block C, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota 6. (Parcel 2240) The southerly 30 feet of the following described tract of land lying westerly of the east 171 feet thereof, Lot 7, Block 2, and except the north 40 feet of Lot 7, Rearrangement of Block C, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. Offered by: Logacz Seconded by: Hentges Roll Call: All Ayes SECOND READING OF ORDINANCE 853 CODIFYING ORDINANCES Motion by Hentges, Seconded by Logacz to defer the second reading of Ordinance 853 to the next regular meeting. Roll Call: All Ayes RESOLUTION ON EMERGENCY PLAN RESOLUTION 77-30 BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights that the City of Columbia Heights Emergency Plan, as prepared by the Department of Civil Defense, dated June l, 1977, be and it is hereby officially adopted as the Civil Defense Plan for the City of Columbia Heights in accordance with Columbia Heights Ordinance Ilo. 476. Offered by: Norberg Seconded by: Logacz Roll Call: All Ayes REPORT ON TRAFFIC COMMISSION HEARING ON CHEERY HEIGHTS PLAT Councilman Hentges reported that the Traffic Commission was recommending to the Planning and Zoning Commission and the City Council consideration of plan number 3. A short description of this plan ~as given ~n~ it ~^~as nnted that this would be further discussed at another time. City Engineer Brown reported that the Traffic Commission had given permission for a temporary "10 minute parking" sign to be placed in front of Jim's Fishin' Stuff, a bait shop on Central Avenue owned by Jim Heit. Mr. Heit had attended the Traffic Comr~ission meeting this evening and told the Commission of the difficulties caused by motorists who remain parked in front of his store for long periods of tinge. Mr. Brown noted that the Commission would be considering this further and making a formal recommendation at their next meeting. He asked the Council to concur in this temporary signing. May 23, 1977 Motion by Logacz, Seconded by Hentges to concur in the permission granted by the Traffic Commission for a temporary ~'10 minute parking" sign for 3958 Central Aven,e. Motion by Norberg to require the benefitted property owner to pay for the sign and installation. Motion dies for lack of a second. Roll Call on Motion: Logacz, Heintz, Hentges--aye Norberg--nay Motion carries. REPORT ON CENTRAL AVENUE URBANIZATION Mr. Watson gave a brief summary of a written report he had submitted on the current status of the Central Avenue Urbanization project. He stated that a public hearing should be held to discuss the installation of sidewalk, a proposed new addition to the project. Motion by Logacz, Seconded by Hentges to call a public hearing for installation of sidewalk in conjunction with the Central Avenue Urbanization project from 45th Avenue to the corporate limits of the City, said hearing to be held Monday, June 27 at 8:00 p.m. Roll Call: All Ayes Councilman Norberg wished the minutes to show that this action constituted no approval of plan. REQUEST TO HOLD A SPECIAL COUNCIL MEETING MONDAY, JUNE 6 TO DISCUSS THE HOUSING ASSISTANCE PLAN Motion by Logacz, Seconded by Hentges to call a special meeting for Monday, June 6 at 8:30 p.m. to discuss the Housing Assistance Plan. Roll Call: All Ayes REQUEST AUTHORIZATION FOR DEPUTY FIRE CHIEF HOMICKE TO ATTEND FIRE CHIEF'S ANNUAL CONFERENCE AT DENVER, COLORADO - SEPTEMBER 25 TO 29 Motion by Hentges, Seconded by Logacz to authorize expenses for Deputy Chief Richard Homicke to attend the Fire Chief's annual conference at Denver, Colorado, September 25 to 29. Roll Call: All Ayes LOT SUBDIVISION REQUEST - JOHN BARNA, 4124 QUINCY STREET The planned subdivision was explained. Motion by Norberg, Seconded by Hentges to deny the subdivision request. There was discussion on the zoning of the lots in question. Roll Call on Motion to Deny: All Nays Motion is defeated. May 23, 1977 Motion by Logacz, Seconded by Norberg to grant the lot subdivision request of John Barna, 4124 Quincy Street. Roll Call: All Ayes PAYMENT OF BILLS Councilman Norberg questioned two of the bills and these were explained to him. Motion by Logacz, Seconded by Hentges to pay the bills as listed out of their proper accounts. Roll Call: Logacz, Heintz, Hentges--aye Norberg--abstain Motion carries. There was a request before the Council from the City Assessor to grant the Property Appraisor a salary increase. The Appraisor had recently resigned to accept a higher paying position. Motion by Norberg, Seconded by Hentges to take no action on this request. Counci:Iman Norberg noted that this could be setting a precedent that may cause others to expect the same consideration. Councilman Heintz noted that he sympathized with the Assessor's concern of losing this employee, but he agreed with Councilman Norberg. Councilman Logacz noted that the Council should not hesitate to set a precedent if they feel it is a good precedent. Councilman Norberg noted that it is not generally a good policy to pursue someone who has decided to leave. Roll (:all on Motion: All Ayes Councilman Hentges noted that Mayor Nawrocki had suggested entering into an agreement with a consulting firm for the purpose of looking for a liquor store manager for the proposed liquor warehouse operation. Motion by Norberg, Seconded by Logacz to take no action on the request of hiring a consultant for the purpose of seeking a liquor store manager. Roll Call: All Ayes Councilman Norberg explained that he had received a letter from a Milton Perry regarding a utility billing. Mr. Perry had left the house and didn't use the services. There was some discussion on this and Mr. Watson stated that the bill must be paid, noting that the services should have been shut off when the house was vacated. Motion by Norberg, Seconded by Logacz to direct the City Manager to explain this situation to Milton Perry. Roll Call: All Ayes LICENSES Motion by Norberg, Seconded by Hentges that the licenses as listed be granted upon payment of proper fees. Roll Call: All Ayes May 23, 1977 City Engineer Brown reported that four trees that had been planted along Jefferson Street after the 1976 construction had died due to reasons other than those covered in the replacement guarantee provided by the company the trees were purchased from. Motion by Logacz, Seconded by Hentges to authorize contracting with Up-A-Tree, Inc. for four trees and the transplanting of one tree in an amount not to exceed $470. Roll Call: All Ayes Mr. Brown also reported that he was asking authorization to expend $548.18 for street name signs. This quotation came from the 3M Company, the only company making these types of signs. Motion by Logacz, Seconded by Hentges to authorize the City Manager to expend up to $548.18 for the purchase of street name sign faces. Roll Call: All Ayes There was some discussion on the easement acquired from the Mobil Oil Company. Motion by Hentges, Seconded by Logacz to authorize the City Manager to expend up to $2,O81 for the relocation of two light standards and a sign from the easement acquired from Mobil Oil. Roll Call: All Ayes Discussion continued on a letter' that had been drafted to Mr. J. L. Cox, Real Estate Representative for Mobil Oil Corporation regarding the Mobil Oil property and proposed construction along Highway 65. Motion by Norberg, Seconded by Logacz that the letter of understanding between the City of Columbia Heights and Mobil Oil Corporation be approved, and that the City Council concur with the recommendations of the City Attorney and City Engineer on the information contained therein. Roll Call: All Ayes Motion by Hentges, Seconded by Logacz ~~ Call: A11 Ayes BrucXe~47~. Nawrocki, Mayor Se'c~re t a ry