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HomeMy WebLinkAboutAug 22, 1977OFFICIAL PROCEEDINGS REGULAR MEETING OF THE CITY COUNCIL CITY OF COL~BIA HEIGHTS, MINNESOTA AUGUST 22, 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 Hentges to name Karen DeBruin secretary for the meeting. Roll Call: All Ayes INVOCATION The Invocation was given by City Manager Watson. PRESENTATION OF PLAQUE At this time Mayor Nawrocki stated that he would like to take time out for an item that was not on the agenda. He then presented a plaque to Mr. Watson as a token of appreciation for his twenty-six years of service, twenty of these years as City Manager. He wished Mr. Watson well in his new venture in the pri- vate sector. Mr. Watson accepted the plaque, saying that he was leaving with a feeling of satisfaction, as many of the goals he set for the City in his early years of employment here had been reached. MINUTES OF PREVIOUS MEETINGS The Mayor noted that the minutes for consideration were those from the Regular Meetings of July 25 and August 8. Motion by Heintz, Seconded by Logacz to approve the minutes of the July 25 and August 8 minutes as presented in writing and the reading be dispensed with. Roll Call: All Ayes PAYMENT OF BILLS Motion by Logacz, Seconded by Heintz to pay the bills as listed out of their proper accounts. Motion by Norberg, Seconded by Hentges to defer consideration of payment of bills until later in the meeting. Councilman Norberg noted that he had not had an opportunity to look over the information that he had received regarding the bills. Roll Call on Motion to defer consideration: Ail Ayes August 22, 1977 REPORT ON EDA GRANT City Planner/HRA Director Dean Otterson explained that the City had been notified that they would be receiving a grant in to amount of $413,000. Later, this was cut back to $223,000. He stated that since the time of the cut back, there have been considerable discussions with Senators Humphrey and Anderson, Representative Fraser and people from the Economic Development Administration. He then stated that the City was notified on Friday, August 19 that the amount of! the grant would be $504,000. He stated that this points out the value of maintaining good relationships with elected offices, as the City has done. He then explained that the City must have a formal decision on the use of the funds by Friday, August 26, and a complete application finished by Tuesday, August 30. Mr. Otterson suggested using the $413,000 on the City Hall remodeling project and the balance of the grant on the 5th Street storm s ewe r. RESOLUTION 77-48 BEING A RESOLUTION APPROPRIATING MUNICIPAL FUNDS TO THE FIFTH STREET SANITARY STOR~! SEWER SEPARATION PROJECT AND RESCINDING RESOLUTION 77-47 WHEREAS, the City of Columbia }{eights, Minnesota has submitted two applications to the Economic Development Administration (herein referred to as the EDA) for Federal Grant Assistance under provisions of the Local Public Works Capital Development and Investment Program to renovate and construct an addition to the Municipal Public: Safety Building and to implement a Sanitary Storm Sewer Separation Project on Fifth Street, and WHEREAS, based upon EDA's notification of an increased amount of funding from $223,000 to $504,000 tbe City Council finds it necessary and appropriate to allocate the new funding level between the two previously submitted projects, with $413,000 designated for the Municipal Public Safety Building and $91,000 to the Fifth Street Sanitary Storm Sewer Separation project, and WHEREAS, the City estimates that an additional amount of the $84,000 will be required to complete the Fifth Street Sanitary Storm Sewer Separation Project, said cost being based upon current construction cost estimates. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COL~IBIA HEIGHTS as follows: 1. The City of Columbia Heights shall appropriate the sum of $84,000 to the Fifth Street Sanitary Storm Sewer Separation project to be combined with funds from EDA for the completion of said project. 2. Resolution 77-47, appropriating Municipal funds for the renovation and addition to the Municipal Public Safety Building is hereby rescinded. 3. The City Planner, be and is hereby directed, to transmit this resolution and any necessary supportive documentation to the Economic Development Administration. Offered by Heintz, Seconded by Logacz. Councilman Norberg stated that be was unclear on how the addition of this money would affect the Fifth Street Storm Sewer Project. Mr. Watson explained that it will allow the City to use a lesser amount of it's Sewer Fund. Roll Call on Resolution: Ail Ayes August 22, 1977 REQUEST TO TAKE BIDS ON BREATHING APPARATUS FOR THE FIRE DEPARTMENT Motion by Norberg, Seconded by Hentges to take bids on breathing apparatus, bids to be opened September 8, with a report to the Council at the September 12 meeting. Roll Call: All Ayes BIDS ON SOD Park Superintendent John Murzyn reported in a letter dated August 19 that informal quotations on sod were taken and Glenn Rehbein Farms, Inc. were low bidder at 53¢ per yard delivered. Motion by Norberg, Seconded by Heintz to award the bid on sod to Glenn Rehbein Farms, Inc. in an amount of 53¢ per yard delivered on the basis of low, informal quotation and the Mayor and City Manager be authorized to enter into contract for same. Roll Call: All Ayes PLANNING AND ZONING COMMISSION RECOMMENDATIONS: 1. ROBERT DUTCHER, 1310 PIERCE TERRACE REQUEST FOR VARIANCE Mr. Dutcher is requesting a two foot side yard variance to construct a new double garage which would extend within five feet of the side lot line. He is planning on converting his present garage into a family room. Mrs. Graczyk, 1300 Pierce Terrace, submitted her comments, stating that she had no objection to the garage or the variance, but indicated that several years ago there was a drainage problem and ice had built up by her back door. She wanted the City to check out the drainage problem and also make sure the roof of the garage conforms to existing roofs in the neighborhood. City Engineer George Brown stated that the proposed garage would not improve or worsen the situation. Motion by Logacz, Seconded by Heintz to approve the two foot side yard variance request of Robert Dutcher, based on the Planning and Zoning Commission recommendation. Councilman Hentges asked who would be responsible if the drainage problem reoccurred. Mayor Nawrocki noted that, since the garage would not be worsening the situation, it would be the responsibility of both owners to work something out. Roll Call: Ail Ayes 2. ROBERT GUZY, 4200 STINSON BOULEVARD REQUEST FOR VARIANCE Mr. Watson reported that Mr. Guzy wishes to construct a new home at 4200 Stinson Boulevard. Because of soil conditions, he requests moving the house to a point five feet from the lot line instead of the required seven, resulting in a two foot variance. The Planning and Zoning Commission recommended granting this variance. August 22~ 1977 Motion by Heintz, Seconded by Hentges to grant the variance request of Mr. Robert. Guzy for the construction of a home at 4200 Stinson Boulevard as recommended by the Planning and Zoning Commission. City Engineer George Brown suggested acquiring a drainage easement along the sideyard of the north side of the proposed house. There was some discussion on drainage problems in the area. Councilman Norberg suggested to the maker and seconder of the motion that they include making the variance contingent upon granting of an easement on the north sideyard of the property. This was accepted, and included in the motion. Councilman Norberg suggested also including in the motion that the basis for granting the variance was the poor soil conditions. Roll Call: All Ayes REQUEST FOR VARIANCE - MEL AANERUD, 5115 7TH STREET Mr. Aanerud submitted a letter to Mr. Watson asking for time on this meeting's agenda to present his request. Mr. Aanerud's letter explained that he assumed he had enough room to build a garage, so he obtained a bid and arranged financing. He was later informed that what he considers the front and back of his lot are actually the sides and his sides are actually the front and rear. This is due to the provision in the zoning code that stipulates on corner lots the narrow side of the lot facing the street is the front yard. Normally, a variance of this nature would go first to the Planning and Zoning Commission and then to the City Council for final approval. Mr. Aanerud was asking if he could forego the appearance before Planning and Zoning and request the variance directly from the City Council, since going through the entire process would involve a longer time period and would make his thirty day bid invalid. Mr. Aanerud also submitted a petition of concurrence with signatures of several of his neighbors. Motion by Heintz, Seconded by Logacz to grant the variance request of Mel Aanerud to construct a garage. Roll Call: Logacz, Heintz, Hentges, Nawrocki--aye Norberg--abstain SUBDIVISION REQUEST: GARY NORDNESS, 4401 RESERVOIR BOULEVARD Motion by Heintz, Seconded by Logacz to grant the lot subdivision request of Gary Nordness, 4401 Reservoir Boulevard. Roll Call: All Ayes SUBDIVISION REQUEST: DONALD }[OORE, 39TH AVENUE AND POLK STREET Mr. Moore was present with James Kurth, the surveyor who had drawn the plans for the proposed subdivision. There had been some question as to whether the subdivision met square footage requirements, and Mr. Kurth presented a plan which did meet these requirements. August 22, 1977 Mr. Hovland, Building Inspector, had submitted the comments he had made at the last meeting regarding the existing house and garage in writing. He recommended removal of the garage. Attorney Kalina stated that the issuance of the building permit could be conditioned on the removal of the garage. Mr. Moore suggested conditioning the issuance of the occupancy permit on the new structure on the removal of the old garage. He wanted to use the garage for storage during construction. There was some discussion on the structures proposed to be built. Councilman Heintz interjected that Mr. Moore was not asking for permission to build at this time, he was asking for a lot subdivision. Motion by Logacz, Seconded by Heintz to grant the lot subdivision request of Donald Moore as per latest drawing (drawing to be kept on file) with the following stipulations: a) existing garage be removed b) new garage to be built on lot 'B' prior to subdivision becoming effective c) outstanding special assessments be paid The Mayor noted that Mr. Hovland has the administrative power to withhold issuance of an occupancy permit on the proposed new building until all stipulations are met. Roll Call: Logacz, Heintz, Hentges, Nawrocki--aye Norberg--nay Councilman Norberg noted that the subdivision as it stands does not solve any problem, but increases the density of the neighborhood. COLUIIBIA HEIGHTS CAB COMPANY REQUESTS RATE INCREASE Mr. LaMont, owner of Columbia Heights Cab Company, noted that he had submitted his request for a rate increase, along with the present rates of other cab companies for comparison and copies of his profit and loss statements. According to his letter, Mr. L~{ont was requesting 75¢ on the flag drop and 60¢ a mile. The present rate is 65¢ on the flag and 60¢ per mile. Councilman Norberg asked Mr. LaMont how many employees he had. Mr. LaMont stated that there were seven, including himself. He also stated that his drivers receive forty five percent of all fares they take in. Mayor Nawrocki pointed out that the figures on the profit and loss statement were not audited and asked how one would be able to tell if the figures were correct. Police Chief Anderson replied that there was no way to tell. Councilman Norberg stated that he felt the figures were believable and that Mr. LaMont would be needing an increase. August 22, 1977 Police Chief Anderson submitted a report that stated that Mr. LaMont had been unable to estin~te how many 'trips~ per year his company has, or what the average cost per 'trip' is. The report went on to state that without this information it would not be possible to know how much new money an increase would generate, therefore it would not be known if the proposed increase would make up for the losses Mr. LaMont's financial statements reported. Attached to Mr. Anderson's report was a list of possible rate changes and how much new money each would generate. Councilman Norberg suggested a rate increase to Option B in Chief Anderson's report: staying at 65¢ on the flag drop and raising the per mile charge to 70¢. He stated that this would make short trips more economical. He reasoned that elderly people would be more likely to take short trips (e.g. from their home to the nearest store) and the longer drives would be people that could better afford it (e.g. businessmen going to the airport). Mayor Nawrocki pointed out that the request was to consider changing the flag drop fee to 75¢ and leaving the per mile charge at 60¢. Councilman Norberg suggested that Mr. LaMont consider changing his request. Motion by Norberg, Seconded by Hentges to set the rates of the Columbia Heights Cab Company at 65¢ on the flag drop and 70¢ per mile. Motion by Heintz, Seconded by Logacz to table this request until the next regular meeting for additional information. Councilman Norberg asked what unknown costs or extra information Councilman Heintz wanted. Councilman Heintz replied that he would do some checking on his own. Roll Call on Motion to table: Motion carries. Logacz, Heintz, Nawrocki--aye Norberg, Hentges--nay RECESS 10:00 P.M. RECONVENE 10:27 P.M. REQUEST FROM GEORGE WALQUIST FOR ACCEPTANCE OF ALTERNATE PLAN #6 FOR COLUMBIA COURT Mr. Watson explained that the City had received a letter from Developer George Walquist requesting that the Council approve alternate plan P6 for the driveway entrances in the Columbia Court plat. These entrances must be determined before the highway construction on Central Avenue is too far underway. City Engineer George Brown presented copies of alternate plan #6 to the Council. There was discussion between Mr. Brown and the Council, with Councilman Hentges in particular expressing his ideas. August 22, 1977 Councilman Hentges suggested an alternate plan #7, which directed traffic in a slightly different manner. Motion by Norberg, Seconded by Logacz to adopt alternate plan #7 as the plan for Columbia Court (Councilman Hentges' concept of alternate plan #7 is made a part hereof). Roll Call: All Ayes LICENSES Motion by Heintz, Seconded by Hentges to approve the beer and restaurant license for 4010 Central Avenue upon payment of proper fees. The Police Department had checked and approved this application. Roll Call: All Ayes Motion by Norberg, Seconded by Heintz to approve the licenses as listed upon payment of proper fees. Roll Call: All Ayes REQUEST TO ISSUE BUILDING PERMIT FOR NORTHEAST SENIOR CITIZENS BUILDING Mr. Craig Anderson, Architect for the Northeast Senior Citizens Building, was present requesting issuance of a building permit for said building prior to the formalizing of the proposed agreement on off street parking. The Council had, in the early planning stages of this project, granted a parking variance and stipulated that additional parking would have to be provided if the proposed amount was found to be insufficient. The money to close the agreement for the building could not be obtained unless the permit is issued. An enforceable covenant cannot be drawn at this time because the ownership exchange has not taken place. The Council directive stipulated that the covenant be filed prior to issuance of the permit. Attorney Kalina noted that the ownership exchange had not yet taken place because there were some title defects that were currently being remedied. It was noted that the covenant regarding parking could be required before the occupancy permit is issued. There was lengthy discussion on a reciprocal agreement that was supposedly being formulated between Dr. Williams of Silver Lake Clinic and the people in charge of the Northeast Seniors Building project regarding parking. Craig Anderson denied the existence of any reciprocal agreement, but stated that Dr. Williams may let his parking lot be used after his office hours for visitors to the Seniors building. Motion by Heintz, Seconded by Logacz to authorize the Building Inspector to issue a building permit for the Northeast Senior Citizens building, with the covenant regarding parking to be obtained after the building permit is issued, but prior to issuance of an occupancy permit. Roll Call: Logacz, Heintz, Hentges, Nawrocki--aye Norberg--nay August 22,. 1977 Councilman Norberg stated that he did not feel the action taken on this case was consistent with the action taken on the Moore subdivision. He stated that he did not feel it was fair to Mr. Moore. DISCUSSION ON TREE REPLACEMENT Mr. Watson stated that Mr. Tom Rejzer, Assistant Park Superintendent, would be presenting the information on this item. Mr. Rejzer stated that he had given the Council an outline of what had been done in 1976, what is currently being done, what is planned for the remainder of 1977, and what is planned for 1978 regarding tree replacement. He noted that the 1977 budget for tree replacement is $10,000. The State will pay 48 percent of the cost of replacement trees, up to an amount of $4,800. Mr. Rejzer went on to say that he had done some checking with the City of Minneapolis to see how they are handling their tree replacement program, applying what he could to the situation in the City of Columbia Heights. Mr. Rejzer noted that the goals for the remainder of 1977 were to: 1. complete master planting plan 2. select initial planting site (he stated the Park Department would like to begin on Reservoir Boulevard) 3. solicit citizen input regarding type and size of trees desired 4. take 'bids on trees 5. reforestation of initial site Mayor Nawrocki asked if the City could financially participate in planting of trees on private property. Mr. Rejzer replied that there were no funds available from the Department of Agriculture for private plantings. Councilman Logacz suggested some varieties of trees which he felt should be planted on Reservoir Boulevard Councilman Heintz asked how many varieties of trees would be included in the bid. Mr. Rejzer stated that there would be five or six and he named some of these. There was some discussion on the appropriate size of the trees to be planted and also where they would be placed. Motion by Hentges, Seconded by Heintz to authorize the City ~anager to call for bids on trees for the replacement program. There was some discussion on possible ways to write the specifications. The Council's suggestions were noted by Mr. Rejzer. Roll Call: AIl Ayes August 22, 1977 Mr. Ernie Nelson, a citizen of Columbia Heights, appeared before the Council at this time to say that his softball team, which plays in Columbia Heights and is comprised of Columbia Heights people, was going to the National Slow Pitch Softball Tournament in St. Louis. The estimated cost of the trip is $1,700, of which $1,000 has already been raised. He was asking for a donation from the City of $700. Mayor Nawrocki asked if the City would legally be able to financially parti- cipate in this if they chose to do so. Attorney Kalina replied that it appeared that the City could participate. Councilman Heintz asked if a justification would be needed. The Attorney stated that the justification seemed to be 'promoting local athletics.' Councilman Hentges stated that he felt there would be a problem with this as a precedent would be set. Councilman Norberg suggested using funds from the Civic Affairs line item in the City Council budget. It was noted that there were not sufficient funds in this line item for the expenditure and so the Travel, Conferences, and Schools line item would be used. Councilman Norberg suggested that the Council consider paying $350 instead of the requested $700 and told Mr. Nelson that he could perhaps check with the School District or Recreation Commission for additional monies. Motion by Hentges, Seconded by Norberg to financially participate in sending Ernie Nelson's team to the National Slow Pitch Softball Tournament in St. Louis in an amount of $350, this money to come from the Travel, Conferences, and Schools line item of the Mayor-Council budget. Motion by Heintz, Seconded by Logacz to amend the amount in the previous motion to $700. Roll Call: Logacz, Heintz--aye Norberg, Hentges, Nawrocki--nay Amendment is defeated. Roll Call on original motion: Ail Ayes RECESS 12:27 A.M. RECONVENE 12:37 A.M. SECOND READING OF ORDINANCE 867 REGARDING THE RECREATION COb~ISSION Motion by Norberg, Seconded by Logacz to table consideration of Ordinance 867. Roll Call: Ail Ayes PAYMENT OF BILLS Motion by Norberg, Seconded by Hentges to pay the bills as listed out of their proper funds. Roll Call: Ail Ayes August 22, 1977 RESOLUTION 77-49 ESTABLISHING POLLING PLACES BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLL~BIA HEIGHTS, that the following location are designated as Polling Places for the City of Columbia Heights: precinct one precinct two precinct three precinct four precinct five precinct six precinct seven precinct eight precinct none Field House, 530 ~Iill Street Columbia Junior High, 825 41st Avenue Parkview Villa, 965 40th Avenue Silver Lake School, 4053 Tyler Street Ostrander Park Building, 1500 40th Avenue Highland Elementary School, 1500 49th Avenue Highland Elementary School, 1500 49th Avenue Valley View Elementary School, 800 49th Avenue Nelson School, 5101 5th Street Offered by Hentges, Seconded by Heintz Roll Call: Ail Ayes RESOLUTION 77-50 PARTIAL CANCELLING OF ~N ASSESSi~NT LEVIED IN ERROR WHEREAS, the property knwon and described as Lot 29 Block 80, Columbia Heights Annex ~as assessed $184 for tree removal and, WHEREAS, 3855 Main Street should have received a State Aid Subsidy Grant of $40 and[ a City matching grant of $40, BE IT THEREFORE RESOLVED by the City Council of the City of Columbia Heights that the City Clerk be and is hereby authorized and directed to reduce the tree removal assessment charged against Lot 29 Block 80, Columbia Heights Annex in the amount of $80. Offered by Hentges, Seconded by Norberg Roll Call: Ail Ayes VARIOUS REQUESTED ORDINANCES The Council acknowledged receipt from the City Attorney of some proposed ordinances they had been requesting. It was noted that these ordinances would be considered for first reading at another time. RESOLUTION 77-51 BEING A RESOLUTION AWARDING EXCLUSIVE NEGOTIATING RIGHTS TO CERTAIN CITY PROPERTY WHEREAS, the City of Columbia Heights is desirous of proceeding with the orderly development of certain City property east of Sullivan Lake and bounded by 53rd Avenue Northeast on the north, consisting of approximately ten (10) acres, and WHEREAS, Charles F. Hall and Associates, Inc. has indicated an interest on August 22, 1977 behalf of an undisclosed client in making certain soil and development studies relating to the said parcel, and WHEREAS, Charles F. Hall and Associates, Inc. has requested the commitment contained herein from the City as consideration for its making the expenditures required for such studies. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Columbia Heights, that 1. The City of Columbia Heights herewith grants Charles F. Hall and Associates, Inc. exclusive negotiation rights for the parcel of approximately ten (10) acres described herein for a period of sixty days commencing August 23, 1977. 2. The City will, at the discretion of the City Manager, assist Charles F. Hall and Associates, Inc. by providing relevant studies, and data, and technical information possessed by the City. 3. Upon written acceptance of these exclusive negotiating rights, Charles F. Hall and Associates, Inc. will proceed to diligently engage in activities to determine the feasibility of the above referenced development. Upon demand by the City Manager, Charles F. Hall and Associates, Inc. shall provide promptly information, data, and commitments to determine the return and extent of such activities, other than the disclosure of the client's identity. 4. The sixty day period for exclusive negotiations may be extended by mutual agreement of the parties. 5. This resolution shall not be effective until written notice by Charles F. Hall and Associates, Inc. is received by the Columbia Heights City Manager on or before September 2, 1977. Offered by Norberg, Seconded by Logacz Roll Call: Ail Ayes DISCUSSION ON AGREEMENT BETWEEN THE CITY AND THE COUNTY REGARDING THE SPEED ZONE BEACONS ON 49TH AVENUE Mr. Watson suggested that the agreement for the speed zone beacons on 49th Avenue be entered into, with the final determination on cost sharing to come after a decision is reached by the School Board as to possible participation by the School District. Councilman Hentges noted that the schools would be paying the utility bills for the lights, an on-going expense of the project. Motion by Hentges, Seconded by Norberg to authorize entering into an agreement with Anoka County and Independent School District 13 for School Speed Zone Beacons on 49th Avenue in the vicinity of the public schools. Roll Call: Ail Ayes August 22, 1977 APPOINTMENT OF INTERIM CITY ~LANAGER Mayor Nawrocki noted that he had appointed Police Chief Stuart Anderson as Interim City Manager; he asked for the Council's concurrence in this appointment. Motion by Heintz, Seconded by Hentges to concur in the appointment of Police Chief Stuart Anderson as Interim City Manager. Roll Call: All Ayes SCHEDULE OF UPCOMING MEETINGS There was some discussion on upcoming informal budget review meetings. Mayor Nawrocki noted that the meetings would be held Tuesday, August 23 at 7:00 p.m., Wednesday, August 24 at 8:00 p.m. and Thursday, August 25 at 9:00 p.m. He then proposed that this meeting be continued at 7:00 on Tuesday. After the balance of the agenda is finished, the budget review session would begin. SALE OF CITY LAND AND BUILDINGS Mr. Watson informed the Council of a gentleman who was interested in purchasing some City owned land on 38th Avenue and the City owned houses at 547 Mill Street and 627 38th Avenue. He was proposing to put the houses on the land. Mr. Watson noted that a proposal like this had been turned down by the Council in the past and the Council noted that their position had not changed. OLD AND NEW BUSINESS Councilman Hentges reported a list of trees which were thought to have Dutch Elm disease and asked that these be checked. There was also some discussion on the dissatisfaction among property owners with the work the City sidewalk contractor has been doing. There was discussion on the policy of the Police Department not to tag speeders unless they are going more than ten miles over the speed limit. Councilman Hentges felt this policy should be changed, possibly tagging when one is driving more than six miles over the posted limit. Mayor Nawrocki noted that he felt the policy should remain the same, but the rest of the Council concurred in Councilman Hentges' suggestion. It was suggested that a specific cut off, such as the proposed six miles oYer the speed limit, not be set. Instead, this would be left to the officer's discretion. Mayor Nawrocki stated that the National League of Cities convention was being held in December in San Francisco this year and suggested that the Council authorize expenses for themselves to attend. Motion by Logacz, Seconded by Hentges to authorize expenses for the Council to attend the annual National League of Cities convention in San Francisco in December. Roll Call: Logacz, Heintz, Hentges, Nawrocki--aye Norberg--nay August 22, 1977 The Mayor declared this meeting recessed at 1:44 a.m. until 7:00 p.m. on Tuesday, August 23. Bruce G. Nawrocki, Mayor Secretary