HomeMy WebLinkAboutJun 27, 1977OFFICIAL PROCEEDINGS
REGULAR MEETING OF THE CITY COUNCIL
CITY OF COLUMBIA HEIGHTS, MINNESOTA
JUNE 27, 1977
The Meeting was called to order at 8:10 p.m.
Roll Call: Logacz, Heintz, Norberg, Hentges, Nawrocki--present
Motion by Heintz, Seconded by Norberg to name Karen DeBruin secretary
for the meeting. Roll Call: All Ayes
INVOCATION
A short Invocation was given by City Manager Watson.
MINUTES OF PREVIOUS MEETINGS
Motion by Heintz, Seconded by Hentges to approve the minutes of the
special meetings of June 6 and June 21 and the reading be dispensed with.
Roll Call: All Ayes
PAYMENT OF BILLS
Motion by Heintz, Seconded by Logacz to pay the bills as listed out
of their proper accounts.
Councilmen Norberg and Hentges had questions on some of the bills, and
these were answered.
Roll Call: All Ayes
HEARING ON CENTRAL AVENUE URBANIZATIO~I AND SIDEWALK
Mayor Nawrocki noted that this was a re-opening of the original hearing
on Central Avenue Urbanization. He stated that several things have
happened and much time has passed since the original hearing, and this
was an up-date for the property owners along Central Avenue.
Mr. Watson explained that he had recommended at the original hearing
that the owners along Central Avenue should be treated like owners in
a residential area with regard to assessment of the costs of the con-
struction. He explained the breakdown of costs that corresponds to this
theory. He noted that there are 6,477 assessable feet; 6,000 of these
feet would be assessed an estimated $14 per foot and 477 feet would be
assessed an estimated $10 per foot because curb has already been installed
at this location (the K Mart property).
He went on to explain that the $14 per front foot includes paving, curb
and gutter, storm drain construction, sidewalks, signals, ditch filling,
and restoration.
June 27, 1977
The total Urbanization project was estimated to cost $1,504,000. The
Columbia Heights share of this is $100,009 plus land acquisition costs
of approximately $25,000.
It was noted that the estimated total cost for Columbia Heights at the
original hearing in January of 1975 was S240,000; with an assessment of
$10 per front foot.
Mayor Nawrocki asked how, when the total had gone from $240,000 to
$100,000, the estimated per front foot assessment had gone up.
City Manager Watson explained that this was due to his line of
reasoning that owners along Central Avenue should be assessed similarly
to residential owners. Construction costs have gone up, thus assessments
go up. The balance not paid by assessments was proposed to come from the
City Sewer Fund and State Aid. This balance had dropped considerably
using the 1977 figure, making it possible to eliminate the State Aid por-
tion of the payment and utilize only Sewer Fund monies to make up the diff-
erence between what is assessed and the actual cost.
The breakdown on the 1975 estimate of $240,000 was as follows:
$70,000 to be assessed
$60,000 to come from the Sewer Fund
$110,000 to come from the State Aid Construction fund.
Due to the bargaining of Mayor Nawrocki and Councilman Hentges, the $240,000
figure had been brought down to a ceiling of $100,O00 (plus the land
acquisition costs).
Mr. fierral Herringer, who owns property along Central Avenue, asked if
the addition of sidewalk to the project was due to tine availability of funds, or
because there was thought to be a need for the sidewalk.
Councilman Hentges explained that the main factor for the inclusion of
sidewalk was safety. He noted that it was also a benefit for the busi-
nesses, bringing in 'foot traffic.'
Mr. Herringer asked why a greater percent of the project was proposed
to be assessed at this time than had been anticipated in 1975.
Mr. Watson reiterated tt]at the basis for the proposed assessments was,
and is, standard costs to residential owners.
Mr. Herringer asked how the work would be assessed if Central Avenue
was a state aid street. Mayor Nawrocki pointed out that Central Avenue
is not comparable to a state aid street. Hr. Herringer stated that he
did not feel it was comparable to a residential street either.
Mr. Herringer summarized his interpretation of the facts as follows:
percentagewise, the assessments have gone way up. Cost sharing by the
City from the State Aid Construction fund has been dropped conpletely,
and the amount to come from the Sewer Fund dropped considerably.
He felt that all the benefit of the lowered project cost fell upon the
City and not on the property owners.
June 27, 1977
Mr. Dick Martin, 4032 Washington Street, asked Mr. Herringer how much
land along Central Avenue he owned. After some discussion, Mr. Herringer
told the Mayor that he owned three to four hundred feet of frontage
along Central Avenue.
There was more discussion on costs of the project, benefit, and the
various theories that could be used to determine amount to be assessed.
Mayor Nawrocki noted that a significant share of the project cost was
incurred due to signalization (approximately $20,000). He stated that
normally signalization is not included in residential construction. He
went on to say that, in respect to inflationary factors, the delays on
the project have been partly due to the City, much negotiating and
exploring of possibilities had taken place. He stated that he felt $10
per front foot would be a fair and defensable amount to assess for street
construction work; and that $1.50 per front foot for sidewalk installation
would also be a fair and defensable amount. This would mean an $11.50
per front foot assessment for owners on Central, with the exception of
K Mart, who, as previously noted, will not be charged for curbs.
This plan would leave approximately $51,400 to come from City funds
(suggested approximates: $30,000 Sewer Fund and $21,4OO State Aid
Construction).
The majority of the Council was in agreement with this method of assessing.
RESOLUTION 77-38
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 23rd day of May, 1977 ordered notice of a hearing to be given to
property owners, and
WHEREAS, pursuant to a notice of hearing certain residents appeared at
a Council Meeting on the 27th day of June, 1977, and
WHEREAS, the Council determines to proceed with this local improvement,
a portion of the cost being defrayed by special assessments under Charter
provisions.
NOW THEREFORE, IT IS HEREBY RESOLVED:
l. That the location and extent of such improvements is as follows:
Central Avenue from 45th Avenue to 53rd Avenue: sidewalk, curb,
and concrete and bituminous street, and storm sewer extensions.
2. That the materials to be used are as follows:
base materials and concrete and storm sewer appurtanences meeting
state specifications.
3. That a careful estimate of the cost of the improvements has been made
by the City Manager and the several lots and parcels of land fronting
upon and adjacent to such proposed improvements, which be deemed
benefitted thereby, were property notified of said hearings, and
June 27, 1977
L~. That the City Nanager shall also list the names and owners of the
several parcels so improved as near]y as can be ascertained.
5. These improvements shall also be known as Project No. 688.
Passed this 27th day of June, 1977
Offered by: Heintz
Seconded by: Hentqes
Roll Call: All Ayes
Mayor Nawrocki noted that the figures quoted tonight were to be pro-
posed at the assessment hearing.
RESOLUTION AUTHORIZING COOPERATION AGREEMENT BETWEEN THE CITY
AND THE HOUSING AUTHORITY
RESOLUTION 77-39
WItEREAS, the Housing and Redevelopment Authority of Columbia Heights,
MN, proposes to develop and administer a ]ow rent housing project or
projects to consist of approximately twenty-five (25) dwelling units;
and,
WHEREAS, the Authority desires to enter into a Cooperation Agreement
with the City of Columbia Heights, in connection with such project,
NOW THEREFORE, BE IT RESOLVED:
'1. That the City of Columbia Heights shall enter into a Cooperation
Agreement withthe Housing and Redevelopment Authority of Columbia
Heights, HN in substantially the attached form.
2. That the Hayor and City Nanager be and are hereby authorized and
directed to execute said Cooperation Agreement, in quadruplicate, in
behalf of said City, and the City Clerk/Treasurer is hereby authorized
and directed to affix the corporate sea] of said City of Columbia
Heights thereon and to attest to same.
3. That this resolution shall take effect immediately.
Offered by: L0gacz Seconded by: Heintz
Councilnan Hentges noted that an agreement essentially the same as this
~as entered into in 1~70. He was recommending to the Council that they
authorize this agreement.
Councilman Norberg noted that the Council should take a good look at the
agreement before entering into it. He brought up points of the contract
which he felt were questionable: the section on contributions in lieu of
taxes and the section that states that the City may grant deviations
from the building code and zoning of the site and surrounding territory.
Discussion ensued on these points as the Attorney began to review them.
Councilman Norberg asked the Attorney if he had seen the agreement before the meeting. The
Attorney replied that he had not. Councilman Norberg asked the Attorney if he could recom-
mend; signing the agreement at this time. He replied that he could not.
Notion by Norberg to refer this item to the Atto:'ney for his review and
consideration. Notion dies for ]ack of a second.
June 27, 1977
Mr. Kalina addressed Councilman Norberg's concerns:
regarding the section on contributions in lieu of taxes he stated that
it is a fairly standard provision and that an action could still lie against
the HRA for failure to pay. Regarding the section that allows deviations from
the building code and zoning of the site and surrounding territory, Mr. Kalina
explained that these changes would require Council action, so the City would
have the protection of the Council in this regard.
Some typographical errors were noted and discussions was held on a provision
that had been in the 1970 agreement, but left out of the one proposed at this
time.
There was a great deal of discussion regarding this agreement and the
Housing and Redevelopment Authority in general between Mr. Dick Martin,
4032 Washington Street; Mrs. Kuppe, 5000 Johnson Street; and the
Council, particularly Mayor Nawrocki.
Roll Call on Resolution:
Norberg--nay
Resolution is adopted.
Logacz, Heintz, Hentges, Nawrocki--aye
RESOLUTION AUTHORIZING ACQUISITION OF EASEMENTS
RESOLUTION 77-40
WHEREAS, the City of Columbia Heights Public Works Department proposes to
reconstruct and improve a portion of Third Street between Forty-Second
Street Northeast and Forty-forth Street Northeast in the City of Columbia
Heights and to reconstruct and improve a portion of Forty-second Street
Northeast between Second Street and Third Street Northeast in the City of
Columbia Heights, and
WHEREAS, the improvement consists of realigning, widening, and reconstructing
said roadway as herein determined necessary to provide for the safety of the
traveling public; and
WHEREAS, in addition to the existing roadway easement, certain lands are
required to provide for said reconstruction which lands are more particularly
described as follows:
Parcel No. l:
The south 30 feet of the tract of land lying Westerly of the East ltl 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.
Parcel No. 2:
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
Parcel No. 3:
The Easterly l0 feet of the South 71 feet of Lot 6, Block 2, Rearrangement
of Block C, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota.
Parcel No. 4:
The Easterly l0 feet of Lot 5, Block 2, Rearrangement of Block C, Columbia
Heights Annex to Minneapolis, Anoka County, Minnesota.
June 27, 1977
Parcel No. 5:
The Westerly 10 feet of the following described property:
North 80 feet of Lot 15, Block 1, Rearrangement of Block C, Columbia
Heights Annex to Minneapolis, According to the plat thereof on file and of
record in the office of the Register of Deeds in and for Anoka County,
Minnesota; Except the following described tract:
All that part of the following described tract:
That part of the North 80 feet of Lot 15, Block l, Rearrangement of Block
C, Columbia Heights Annex to Hinneapolis, lying westlerly of the highway;
which lies easterly of a line run parallel with and distant 119 feet
westerly of the following described line:
Beginning at a point on the north line of section 35, township 30 north,
range 24 west distant 1270.16 feet east of the northwest corner
thereof; thence run southerly at an angle of 90°18'30TM with said north
section line (when measured from west to south) for 734.8 feet; thence
deflect to the right at an angle of 2o30' for 291.82 feet; thence deflect
to the left on a 0°45' curve (delta angle 2o30') for 333.33 feet and there
terminating;
together with all right of access, being the right of ingress to and egress
from all that portion of the above described tract, not acquired herein,
to Trunk Highway No.
as described in Certificates of Title Nos. 41121 and 41122 on file at the
Office of the Anoka County Registrar of Titles.
Parcel Ilo. 6:
The Westerly lO feet of Lot 17, Block l, Rearrangement of Block C, Columbia
Heights Annex to Hinneapolis, Anoka County, Minnesota.
i~OW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Columbia Heights hereby authorize the City Engineer to proceed to acquire
right of way easements for roadway construction and roadway maintenance
purposes over said lands in accordance with Hinnesota Statutes.
BE IT FURTHER RESOLVED, that those lands as described above, which
cannot be acquired by direct negotiation, shall be acquired by
eminent domain and the City hereby requests the City Attorney to file
the necessary petition therefore and to prosecute such action to a
successful conclusion or until it is abandoned, dismissed or terminated by
the City or Court.
Passed this 27th day of June, 1977
Offered by: I~orberg
Seconded by: Logacz
Roll Call; All Ayes
June 27, 1977
SUBDIVISION REQUEST - ARKLAVE JOHNSON, 954 43RD AVENUE
Motion by Heintz, Seconded by Hentges to grant the subdivision as proposed
to Arklave Johnson of 954 43rd Avenue, special assessments in the amount
of $308.46 will be paid. Roll Call: All Ayes
RECESS 10:43 P.M.
RECONVENE I0:59 P.M.
BLOCK PARTY REQUEST - MRS. DOTTY ROSS, 3948 CLEVELAND STREET
Mrs. Ross, representing the neighbors in the area of Prestemon Park,
came before the Council with a request to hold a block party at the
park on July 9. She explained that the party would begin in the after-
noon and last until evening; and the residents wished to have the nearby
streets barricaded as had been done in the past for parties of this
nature.
Motion by Heintz, Seconded by Logacz that the request to hold a block
party in Prestemon Park on July 9 be granted. Roll Call: All Ayes
OTHER ORDINANCES AND RESOLUTIONS
Attorney Kalina presented the Council with an ordinance for their
consideration regarding the increasing of fines for misdemeanors.
The Legislature recently redefined the penalty for misdemeanors, allowing
a new maximum of $500. (The maximum had been $300.)
Since the proposed ordinance was fairly lengthy, Mr. Kalina informed
the Council that they could waive the reading by a unanimous vote
provided there were sufficient copies available to the public.
Motion by Norberg to waive the first reading of this ordinance. The
motion was not recognized.
Motion by Norberg, Seconded by Heintz that the formal first reading
of this ordinance be dispensed with and that copies be provided for the
public and that the full text of the ordinance be published in the minutes
of this meeting.
Councilman Hentges noted that he was against the idea of raising the
misdemeanor fine level.
Roll Call: Logacz, Heintz, Norberg, Nawrocki--aye
Hentges--nay
Motion fails.
Motion by Hentges, Seconded by Norberg to table consideration of this
ordinance. Roll Call: Norberg, Hentges, Nawrocki--aye
Logacz, Heintz--nay
Motion carries.
June 27, 1977
The Mayor noted that someone on the Council would have to move to take
this from the table before it could be discussed at any future time.
INFORMAL QUOTATIONS ON LIBRARY PAINTING
Librarian Harriet Deeble noted that she had attempted to take informal
quotations on some painting work at the Library building. One bid was
submitted in an amount of $700.
Tim Yantos, Administrative Assistant, stated that the City was in the
process of requesting some CETA Special Projects positions. He went on
to say that there may be someone under this program that could do the
work for a much lesser cost.
Mrs, iDeeble questioned the possibility of getting qua]ified people and
Councilman Hentges stated that this is very possible.
Motion by Heintz, Seconded by Hentges to table this request until the
next regular meeting. Roll Ca]i: Ail Ayes
REQUEST TO PURCHASE TEN FEET OF CITY PROPERTY ON CIRCLE TERRACE
Motion by Heintz, Seconded by Hentges to refer this request to ~e
Park Board. Roll Call: Ali Ayes
COLUMBIA HEIGHTS CAB COMPANY REQUESTS A RATE INCREASE
Motion by Hentges, Seconded by Norber9 to refer this request to the
City Manager for a report and consideration at the August O meeting.
Councilman Heintz suggested to obtain information on the Cab Company's
income and expenses.
Roll Call on Motion: All Ayes
DISEASED TREE REMOVAL GRANT COST SHARING DETERHINATION
It was noted that a report had been received from Park Superintendent
John Murzyn and Assistant Park Superintendent Tom Rejzer explaining that
the State would contribute up to 45 percent of the cost of removing
diseased trees from private property. The report also recommended that
the City contribute an additional 15 percent of this removal cost,
There was discussion on the information presented and questions asked
on the way the tree removal program in genera] would or could be handled.
The next segment of discussion centered around the percentage figure
the City should contribute for removal of trees on private property,
Some suggestions were made and Mayor Nawrocki stated that he felt
the 55 percent the State did not pay could be split between the property
owner and the City - this would make the payment table: State 45~
27~.
City 27½% and Property Owner l0
June 27, 1977
Motion by Heintz, Seconded by Logacz that the City policy for cost
participation on removal of applicable diseased trees on private property
will be an acceptance of the 45 percent offered by the State, with the
City paying 27½ percent of the cost share and the property owner paying
27½ percent. This policy is based on present state policy for financial
assistance in the program and based on current competitive bids that the
City of Columbia Heights has received to carry out the removal program.
The City's share shall be subject to the maximum limitations of the City
contract for removal.
Amendment by Norberg, Seconded by Hentges that a $60 per tree maximum
be placed on the City contribution of tree removal costs.
Roll Call: Norberg, Hentges--aye
Logacz, Heintz, Nawrocki--nay
Amendment fails.
Mayor Nawrocki noted that "diseased trees'l are those defined as
diseased by the Minnesota Department of Agriculture~
Roll Call on Motion: Logacz, Heintz, Hentges, Nawrocki--aye
Norberg--nay
Mayor Nawrocki noted that an information sheet should be developed that
would explain the City's policy to people who must have trees removed.
A letter had been received from David Heryla, 1225 Pierce Terrace, asking
for a license to sell beer at Dick's Softball Tournament to be held at
Huset Park July 9 and 10.
Motion by Heintz, Seconded by Logacz that a beer license be granted to
David Heryla of 1225 Pierce Terrace for July 9 and 10 upon payment of
proper fees and proof of proper liability insurance. Roll Call: All
Ayes
Councilman Hentges asked what developments have been made on setting
up a restaurant operation on old Liquor Store #1. He stated that the
Council did not want a game room set up in the building and he felt
the staff was "dragging it's feet" on getting proposals for restaurants.
Mr. Watson passed out copies of a proposal for a restaurant that had
been received from Charles Vescio, 4259 6th Street.
Mr. Vescio explained that he had spent much time gathering data to make
this preliminary proposal, and he still had some information to obtain
before he could set forth a firm offer.
Mayor Nawrocki suggested that the staff make a final, personal contact
with anyone else who has expressed an interest in setting up a restaurant
to see if they are willing to pursue it so some sort of decision could be
made.
June 27, 1977
Councilman Norberg asked the Attorney to prepare a list of conditions
and things that should be considered in settin9 up and getting together
this operation.
PROCLAMATION
PROCLAMATION WELCOMING THE CLASS A SLOW PITCH SOFTBALL TOURNAMENT
TEAMS TO COLUMBIA HEIGHTS
WHEREAS, the City of Columbia Heights has been selected as the site for
the Class A Slow Pitch Softball Tournament to be held on August 12,
and 14, 1977, and,
WHEREAS, this selection was made due to the reputation of our community
for having first class ball fields for such tournaments, as well as a
background of handling larger tournaments in a most effective manner, and
WHEREAS, the Columbia Heights Jaycees, in cooperation with the Park Board
and Recreation Commission, are actively involved in handling the concessions,
scheduling and associated work in conjunction with the tournament.
NOW THEREFORE, I, Bruce G. Nawrocki, on behalf of the City Council, and
the citizens of our community, do hereby welcome the teams participating
in the 1977 Slow Pitch Softball Tournament to the City of Columbia Heights
and hereby inform all of our citizens of the opportunity to participate
in watching the ball games, a unique opportunity to see the very best
softball teams in the State of Minnesota in our own community August 12, 13
and 14.
Mr. Watson reported briefly on the Executive Public Hearing that was
conducted by the staff regarding Revenue Sharing funds for 1978.
Mayor' Nawrocki noted that the Chamber of Commerce requested that the
Council consider re-naming the Mini Park in honor of Judge Joseph Wargo
because of his contributions to the community over the years.
Motion by Logacz, Seconded by Heintz that the recommendation of the
Chamber of Commerce regarding re-naming the Mini Park in honor of
Judge Joseph Wargo be referred to the Park and School Boards for
their- consideration and recommendation.
Roll Call: All Ayes
Mayor Nawrocl<i informed the Council of a meeting between them and the
administrative officials of the School District at 7:00 p.m. on
Ju!y 5 at the high school to discuss cooperation between the City
and the School.
June 27, 1977
Mayor Nawrocki stated that he felt a special meeting should be called
for the purpose of re-opening the 5th Street Storm Sewer hearing.
Councilman Heintz stated that he did not feel there was any reason to
re-open the hearing.
The Mayor stated the original hearing was held in 1968 and many properties
have changed hands since then. He felt a new hearing should be held, if
only for informational purposes.
Motion by Hentges, Seconded by Norberg to call a special meeting for
purposes of a public hearing on the 5th Street Storm Sewer project
on August 1, 8:00 p.m. at the Field House.
Roll Call: Logacz, Norberg, Hentges, Nawrocki--aye
Heintz--nay
LICENSES
Motion by Norberg, Seconded by Heintz that the licenses as listed be
granted upon payment of proper fees. Roll Call: All Ayes
Mayor Nawrocki announced that the Council would now (1:23 a.m.) go into
Executive Session for purposes of giving the City Attorney direction
with regard to negotiations for acquisition of easements. This was
done within the Attorney's interpretationofthe right to meet with legal
counsel.
The meeting was called back to order at 2:05 a.m.
Motion by Heintz, Seconded by Norberg to adjourn at 2:05 a.m.
Roll Call: All Ayes
Bru~ G Nawrocki, Mayor