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HomeMy WebLinkAboutOct 11, 1977OFFICIAL PROCEEDINGS REGULAR MEETING OF THE CITY COUNCIL CITY OF COLUMBIA HEIGHTS, MINNESOTA OCTOBER 11, 1977 The Meeting was called to order at 8:02 p.m. Roll Call: Logacz, Heintz, Norberg--present Hentges, Nawrocki--absent Council President Heintz stated that Mayor Nawrocki was out of town and would not be attending this meeting, and Councilman Hentges was at this evening's Housing and Redevelopment Authority meeting, and would be joining the Council in about an hour. Motion by Norberg, Seconded by Logacz to name Karen DeBruin secretary for the meeting. Roll Call: All Ayes INVOCATION Councilman Norberg gave the Invocation this evening. MINUTES OF PREVIOUS MEETINGS Councilman Norberg asked that consideration of the minutes be deferred until later in the meeting. PAYMENT OF BILLS Councilman Norberg asked that consideration of payment of bills also be deferred until later in the meeting. AMENDMENT TO THE CHEERY HEIGHTS PLAT Council President Heintz noted that Mr. Gerral Herringer, owner of the plat known as Cheery Heights, would be arriving later in the meeting, so the public hearing on that item would be deferred until his arrival. SILVER LAKE CLINIC REZONING OP~INANCE The second reading of ordinance 874 was held. Ordinance Offered by Logacz, Seconded by Norberg. A gentleman in the audience asked if the neighbors of Silver Lake Clinic would be notified should a building be proposed for the lot that is now being rezoned for the purpose of creating a parking lot for clinic employees. Council President Heintz noted that if all applicable requirements regarding the building could be met, no notice would go out. Attorney Kalina stated that this was correct. He also stated that there were only a limited amount of things that could be built on a lot with an LB (Limited Business) zoning. October 11, 1977 He stated that it would not be a normal, commercial enterprise. Councilman Logacz noted that this rezoning had been recommended by the Planning and Zoning Commission. Dr. Williams of Silver Lake Clinic stated that he felt there was an obvious need for expanded parking facilities, and asked the Council to approve and pass the ordinance. The lot is currently zoned R-1 and parking lots are not permitted uses in residential districts. Councilman Norberg asked why a conditional use permit couldn't be granted for parking instead of rezoning the lot. This would eliminate the concern that some- thing would be built there besides a parking lot. Attorney Kalina stated that a conditional use permit could not be granted for a parking lot in an R-1 distrffct. He went on to say that if the land was zoned R-2, a conditional use permit could be granted for parking. The vote on the ordinance was deferred until later in the meeting, as it takes four votes to pass, and only three Counc~lmembers were present. PLANNING AND ZONING CO>9IISSION REC<-~ENDATIONS: 1. JEROME EARLEY - 4037 UNIVERSITY AVENUE REQUEST FOR VARIANCE b~r. Earley was present and stated that be had had the lot surveyed and the necessary variance would be twelve feet. Motion by Logacz, Seconded by Norberg to approve the twelve foot variance for Jerome Earley of 4037 University Avenue on the recommendation of the ?lannin~ and Zoning Commission and because of the hardship of the presence of trees. Roll Call: All Ayes 2. CARL URSPRINGER - 4142 7TH STREET REQUEST FOR. VARIANCE Motion by iNorberg, Seconded by Logacz to grant the one foot rear yard variance on the recommendation of the Planning Commission and beck, use of the hardship of the existing structure (the flag~'ole). Roll Call: All Ayes JOE HEBZYNSKI - 3910 MAIN STREET REQUEST FOR SUBDIVISION It was noted that this request was an appeal from the denial of the Planning and Zoning Commission. ~-[r. ~lebzvnski took a sketch of his proposed subdivision to the Council table and it was discussed. The Council suggested a slight change in the proposed to ~'{r. Hebzyns~i which he accepted, and the request was revised. ~%tion by Logacz to approve the amended lot subdivision request and grant an eight foot sideyard variance to Joe Hebzvnski of 391q ~ain Steer. Further discussion on this item was deferred at this time. October 11, 1977 4. BILL BALMUT - 4200 ARTHUR STREET REQUEST FOR VARIANCE Motion by Logacz, Seconded by Norberg to grant the seven foot six inch sideyard variance to Bill Balmut of 4200 Arthur Street based on the recommendation of the Planning and Zoning Commission and the hardship of the shallow lot. Roll Call: All Ayes 5. STEVEN CHESNEY - 3702 POLK STREET REQUEST FOR SPECIAL PURPOSE FENCE Motion by Norberg, Seconded by Logacz to grant the request for a special purpose fence for Steven Chesney, 3702 Polk Street. Roll Call: All Ayes TRAFFIC COMMISSION ITEM: TRUCK ROUTE SIGNING Mr. Anderson reported that the ordinance limiting the weights of trucks traveling on residential streets which had recently been passed would soon be going into effect. Signs regarding these new regulations would be prepared and posted in appropriate places around the City. CIVIL DEFENSE RECOGNITION DINNER Council President Heintz noted that the City would soon be holding their annual Recognition Dinner for members of the CD unit and their wives. He explained that Civil Defense unit members spend many hours providing service to the community and receive no pay. Mr. Anderson was recommending an expenditure of up to $1,500 as the City's share of the Recognition Dinner. Motion by Norberg, Seconded by Logacz to authorize an expenditure of up to $1,500 for the annual Civil Defense Recognition Dinner. Roll Call: All Ayes TAX FORFEIT PROPERTY It was explained to the Council that there was a piece of tax forfeit property available to the City on the west side of University Avenue in the 4100 area. Motion by Norberg, Seconded by Logacz to authorize the City Manager and Mayor to sign the Application to Acquire Tax Forfeit property for the property at 41st Avenue, west of University Avenue. Roll Call: All Ayes RECESS: 8:44 P.M. RECONVENE: 9:04 P,M. Councilman Hentges had joined the Council when the meeting was called back to order after this recess. October ll, 1977 KXIENDMENT TO THE PLAT OF CHEERY HEIGHTS The proposed plat of Outlot A in the Cheery Heights development was shown to and discussed with the Council. Motion by Logacz, Seconded by Norberg to give preliminary approval to the plat of out]ot A -Cheery Heights. Roll Call: AIl Ayes It was noted that prelim-nary approval had now been received on the entire plat. SILVER LAKE CLINIC REZONING ORDINANCE This item had been deferred from earlier in the meeting. The ordinance bad been offered by Logacz and seconded by Norberg. Councilman Hentges asked why a conditional use permit couldn't be used to allow Dr. Williams the parking lot he needs. This was explained to him as it had been to the otber Council members earlier in the meeting. Councilman Norberg asked why the property couldn't be rezoned R-2 and then issue a conditional use permit to allow parking. Council President Heintz noted that this was not Dr. Williams' request. There was some discussion on the subject of chan~.~in~] a request after it has already received a great deal of review. Council President Heintz asked if the request could, at this point, be changed to rezoning to l-q. Attorney Kalina stated that th~s could be done. Dr. Williams requested that this item be tabled. Motion by Norberg, Seconded by Heintz to table this item. Roll Call: All Ayes PLANNING AND ZONING CO}~{ISSION RECO~'~ENDATIONS: 6. DUAiqE C)T'?E,I~ESS - 3726 3RD STREET REQUEST FOR VARIANCE ~otion by Logacz, Seconded by Hentges to grant the one foot rear yard variance based on the recommendation of the Planning and Zonin~ Commission and the hard- ship of the narrow lot. Roll Call: Ali Ayes 3. JOSEPH HEBZYNSKI - 39]0 }~l~i STREET REQUEST FOR SUBDIVISION ~,{otion by Logacz, Seconded by Hentges to grant the request for a lot subdivision, as amended, for Joseph Hebzynski, 3910 ~fain Street. Roll Ca]l; Logacz~ Heintz, Henries--aye Norberg--nay ).lotion carries. October 11, 1977 7. CRESTVIEW LUTHERAN HOME - 4444 RESERVOIR BOULEVARD REQUEST FOR REZONING - APPEAL FROM DENIAL Mr. Tom Paul, a representative of Crestview Lutheran Home, was present explsining that he had been before the Planning and Zoning Commission with a request to re- zone the westerly portion of the Crestview property from R-1 to R-3. The Planning Commission denied the request. Mr. Paul was requesting a hearing before the City Council. Councilman Logacz explained what had happened at the Planning and Zoning Commission meeting, emphasizing that the neighbors had opposed the proposal. The first reading of ordinance 879 rezoning the Crestview property was held. The second reading of the ordinance, a public hearing, was scheduled to be held at the regular meeting of the Council on November 14. TRAFFIC COMMISSION ITEMS: 1. PARKING LOT ENTRANCE - 40TH AND STINSON BOULEVARD (SILVER LAKE CLINIC) Motion by Hentges, Seconded by Norberg to table action on this item until the next regular meeting of the City Counci!~ Roll Call: All Ayes 2. DESIGNATION OF STREET RIGHT OF WAY RESOLUTION 77-60 ~IEREAS, the City Council has determined that the public would benefit from the dedication of certain property to public street and alley purposes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLL~BIA HEIGHTS: 1. That the following described parcels are herewith dedicated for public street purposes, to be kno~f~m, as Madison Street Northeast, to-wit: Lot 32 and the Easterly 25 feet of Lot 33, Block 84~ Columbia Heights annex to Minneapolis, Anoka County, MN Lot 19 and the Easterly 25 feet of Lot 20, Block 88, Columbia Heights annex to Minneapolis, Anoka County, ~ Lot 41 and the Easterly 20 feet of Lot 40, Block 88, Columbia Heights annex to Minneapolis, Anoka County, MN That part of 38th Avenue Northeast. as vacated, lying between the southerly extension of the East line of Lot 32~ Block 84, Columbia Heights annex to Minneapolis as extended and the southerly extension of the West line of the Easterly 25 feet of Lot 33, Block 84, Columbia Heights annex to Minneapolis That part of the public alley lying between the Southerly extension of the East line of Lot 19, Block 88, Columbia Heights annex to Minneapolis, as extended ~the Northerly boundary of Lot 41, Block 88, Columbia Heights annex to Minneapolis, as extended to the Northerly boundary of Lot 41, Block 88, Columbia Heights annex to Minneapolis and the Southerly extension of the Westerly line of the Easterly 25 feet of lot 20, Block 88, Columbia Heights annex to Minnea- polis as extended to~e Northerly boundary of Lot 40, Block 88, Columbia Heights annex to Minneapolis October 11, 1977 2. That the following described parcels are herewith dedicated for public street purposes, to be known as 3$th Place Northeast, to-wit: The Southerly 34 feet of that part of Outlot A, Second Subdivision of Block F, Columbia Heights annex to >,[inneapolis, Anoka County, MN, lying between the East line of said Outlet A and the Southerly extension of the West line of Lot 14 of said Block 4. The Southerly 44 feet of that part of Outlet A, Second Subdivision of Block F, Columbia Heights annex to )~inneapolis, Anoka County, ~, lying between the said Southerly extension of the West line of Lot 11 and the Southerly extension of the West line of Lot 14 of said Block 4. 3. That the followin~ described parcel ~s herewith dedicated to alley purposes, to-wit: The ~.Test 20 feet of Lot 25, Block 138 of Columbia Heights annex to Minneapolis, Anoka County, Minnesota. Offered by P~orberg, Seconded by Hentges. Roll Call: All Ayes COLUMBIA COURT PLAT APPROVAL APeD 51ST COURT STREET CONSTRUCTION Dick Walquist, developer; the Ostlund brothers, owners; and Richard ~errill, representing the Ost]unds were present requesting final approval on the plat of Columbia Court. A discussion was held at the Council table over a plat map of Columbia Court. Councilman Hentges asked if the plat included all the easements the City needed. There was a discussion on the easements which should be included. Motion by Hentges, Seconded by Norberg to approve the plat of Columbia Court subject to the addition of all necessary easements, the final a~proval of the Engineering Department nnd the receipt of monies in lieu of park land dedication to be paid at the signing of the final copy by City officials. Roll Call: AIl Ayes Authorization was being requested to have the City proceed with the construction and necessary utility work for the road to be known as 51st Court. This work would then be assessed to benefitted property owners, as is done with other City projects. Mr. Anderson was requesting that a public hearing be held on this at the regular meeting November 14. Councilman Norberg was concerned that this project would add to an already heavy load in the Engineering !)epartment. He cited the possibility of using a consulting engineer on. the project. City Engineer Brown stated that he would not be able to give an answer at this time as to whether or not the work could be handled by the Engineering Department. He did state that the Engineering Department would have to do a certain amount of work on the plans (as stated in the motion, final approval of the plat by the Engineering Department is required). October 11, 1977 Motion by Hentges, Seconded by Logacz to authorize the Engineer to prepare plans and specifications and to authorize the City Manager to call for a hearing on the 51st Court street construction, said hearing to be held at the regular meeting of the City Council on November 14. Roll Call: All Ayes Motion by Norberg, Seconded by Hentges to direct the City Manager to prepare a report within two weeks on whether or not it will be necessary to hire a consulting engineer for the preparation of plans and specs for the 51st Court street construction. Roll Call: All Ayes MINUTES OF PREVIOUS MEETINGS Councilman Norberg discussed some parts of the minutes which he felt should be changed. Changes were agreed upon. Motion by Logacz, Seconded by Hentges to approve the minutes of August 23, September 12, and September 28 as presented in writing and the reading be dis- pensed with. Roll Call: All Ayes PAYMENT OF BILLS Motion by Norberg, Seconded by Hentges to pay the bills as listed out of their proper accounts, with the exception of #22800. Councilman Norberg explained that #22800 was to Brown Photo. He wished additional information on the charges and stated that he had been told payment could be with- held for the present time without creating any difficulties. Roll Call: Ail Ayes RESOLUTION ON CERTIFICATION OF DELINQUENT SPECIAL ASSESSMENTS RESOLUTION 77-61 BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, that the County Auditor be, and he is hereby directed, to levy the delinquent special assessments on the properties in the City of Columbia Heights as submitted on the attached sheets and filed in the Assessment Book for 1977, totaling $46,931.02. BE IT FURTHER RESOLVED that the foregoing amounts shall be included in the indi- vidual real estate tax statements for the current year and identified thereon as "Special Assessments." SAID LEVIES shall be enforced and collected in the manner provided for the enforcement and collection for State and County taxes under and in accordance with the provisions of the general laws of the State. All assessments with penalties and interest as indicated thereon paid to the County Treasurer shall belong to the City of Columbia Heights and shall be turned over to the City Treasurer in the manner provided by the City Charter and Ordinances. THE CITY OF COLUMBIA HEIGHTS shall accept payments on these levies until. November 15, 1977. Upon receipt of said payments the County will be notified to remove this levy from the tax rolls. Offered by Hentges, Seconded by Logacz. Roll Call: Ail Ayes October 11, 1977 RESOLUTION ON CERTIFICATION OF DELINQUENT UTILITY CHARGES RESOLUTION 77-62 BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, that i.:[iEREAS, all utility users have been sent a pink card reminder that their bill was delinquent, and !4HEREAS, all said users were further notified by letter from the City Clerk that all unpaid delinquent utility bills as of August 30, 1977, would be certified to the County Auditor to be included on 1978 tax statements, BE IT HEREBY RESOLVED by the City Council of tl~e City of Columbia Heights, that the County Auditor be, and he is hereby directed~ to levy the delinquent utility charges on the properties in the City of Columbia Heights as submitted on the attached sheets, totaling $8,511.34, oursuant to Uinnesota State Statute 444.075 Subd. 3. BE IT FURTHER RESOLVED that the foregoing amounts shall be included in the indi- vidual real estate tax statements and identified thereon as "Delinquent Utility Charges." SAID LEVIES shall be enforced and collected in the manner provided for the enforcement and collection of State and County taxes under and in accordance with the provisions ofthe general laws of the State. All assess- ments with penalties and fnterest as indicated thereon paid to the County Treasurer shall belong to the City of Columbia Heights and shall be turned over to the City Treasurer in the manner provided by the City Charter and Ordinances. Offered by Norberg, Seconded by Hentges. Roll Call: Ail Ayes RESOLUTION RELATING TO PARKING RESTRICTIONS ON S.A.P. 113-109-03 FROM UNIVERSITY AVENUE SERVICE ROAD TO 5TH STREET NE IN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA RESOLUTION 77-63 The Municipal Corporation shall hereinafter be called the City: WITNESSETH: I~EREAS, the City has planned the improvement of MSAS 113-109-03 - 38th Avenue from University Avenue Servoce Road to 5th Street NE, and WHEREAS, the City will be expending ).{unicipal State Aid funds on the improve- ment of said street, and W[{EREAS, said improvement does not conform to the approved minimum standards as previously adopted for such Municipal State Aid Street~-: and that approval of the proposed construction as a Municipal State Aid Street Project must therefore be conditioned upon certain parking restrictions, and I~IEREAS, the extent of these restrictions theft would be necessary prerequisite to the approval of this construction as a }lunicipal State Aid Project in the City has been determined. October 1!, 1977 NOW, THEREFORE, IT IS HEREBY RESOLVED that the City shall restrict the parking to motor vehicles on both sides of 113-109-03, 38th Avenue from University Avenue Service ~{oad to 5th Street Nt. at all times. Offered by Norberg, Seconded by Logacz Councilman Hentges stated that this resolution would eliminate more parking in the industrial area on 38th Avenue. It was noted that average motorists do not park there and attended vehicles (drivers who stay with their trucks) aren't considered parked. Roll Call: All Ayes RESOLUTION SETTING LICENSE FEES FOR 1978 Some minor changes were made by the Council in the proposed list of fees. RESOLUTION 77-64 BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights that the following list of license fees (as per attached list) be set for 1972. Offered by Logacz, Seconded by Norberg. Roll Call: All Ayes RESOLUTION REGARDING 1977 NON UNION LIQUOR EMPLOYEES SALARIES RESOLUTION 77-65 BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, that the followin~ changes in salaries be effective for 1977 for the municipal liquor stores: 1. Full time employees (as listed in sections 2 and 3) to have maximum hospitalization coverage of $55 per month. 2. Liquor Store manager to receive $17,064 (step 25 range c) Assistant Liquor Store manager to receive $15,115 (step 23 range mid b) 3. Full time clerks at stores #2 and #3 to receive $4.85 and regular janitor to receive $9,500 per year. 4. Vacation shall be granted on the basis of two weeks per year one to eight years, three weeks after eighth year through the fifteenth year, four weeks after fifteen years of service. Holidays shall include New Year's Day, Memorial Day, July 4, Labor Day, Thanks- giving and Christmas Day plus three "floating holidays" for 1977. 5. Regularly scheduled part time clerks (based on over five years continuous service ) Clem Janisch $4.10 per hour; Harold Peterson $4.00 per hour; John Snyder $3.75 per hour and Paul Traynor $3.75 per hour. These four clerks shall be paid retroactive to January 2, 1977 and be paid for standard holidays (6) on the basis of their average work day. No other fringe benefits apply to this category. October il, 1977 6. Other part time clerks to receive $3.70 per hour except $3.60 per hour for a six month probationary period. Part time janitors to receive $2.90 per hour ($3.45 for Sundays or when substituting for regular janitor). Glass washers to receive $3.10 per hour. No fringe benefits apply to job class- ifications in this section and rates are effective for pay period following adoption of this resolution. Offered by Logacz, Seconded by Hentges. Rol.] Call: All Ayes RESOLUTION AUTHORIZING THE HOUSING AND REDEVELOPMENT AUTHORITY TO ADMINISTER THE CO~N!TY DEVELOPMENT BLOCK GRANT PROCRA~I ON BEHALF OF TtlE CITY OF COLUMBIA HEIGHTS RESOLUTION 77-66 WEHREAS, the City of Columbia Heights, UN, has received approval of its 1977 full application for $355,000 in Community Development Block Grant Funds by the Department of }lousing and Urban Development, and, WHEREAS, under requirements set forth by Title I of the Housing and Community Development Act of 1974, the City of Columbia Heights and Department of Mousing and Urban Development must enter into a funding approw~l contract~ and, WHEREAS, Resolution 77-15 of the City of Columbia Heights, }.~, designated the Housing and Redevelopment Authority to prepare the applications for Community Development Block Grant funds on behalf of the City and administer those activities funded. BE IT THEREFORE RESOLVED by the City Council that the Housing and Redevelopment Authority of Columbia Heights, x~N, be duly appointed to carry out the administration of the Community Development Block Grant on behalf of the City and auarterly report to the City Council on the status of said grant. BE IT FURTHER RESOLVED by the City Council that the Chairman of the Housing and Redevelopment Authority of Columbia Heights, ?N, and his Executive Director be designated as the individuals authorized to draw down funds for program implementation from the letter of credit. Offered by Logacz, Seconded by Hentges Comtcit~,~an 7~orber? aakad t~t= Attorney ~bo,~t the resolution. Mr. Kalina stated that it turn~ the ~unct~on ~ ~nnq]in~ t~e ~o~un~t,' Development Block Grant funds to the Housing and Redevelopment Authority. Councilman Norberg asked if this was a proper course of action. The Attorney replied that this was a decision for the Council to make. Norberg asked if it was proper in the legal sense and the Attorney replied that it was. Roll Call: Logacz, Heintz, Hentges--aye Norberg--nay October 11, 1977 FIRST READING OF ORDINANCE #880 The first reading of Ordinance #880 being an ordinance conveying a portion of lot 8, block 2, rearrangement of Block C, Columbia Heights annex to Minneapolis, was held. LATE REQUESTS Mr. Anderson stated that Dick's Sanitary Service had provided the City with everything required in the garbage pick up service specifications the performance bond, and the City had received a letter from the bonding company stating that the bond was approved and would be issued shortly. Mr. Anderson was asking for authorization to return all bid securities which had been submitted, including the full amount of Hollie's bid security. Hollie's Rubbish Service was low bidder but failed to provide the City with all specified requirements. There was a short discussion on what is standard practice in a situation such as this. Motion by Norberg, Seconded by Logacz to authorize the City Manager to return bid securities to all unsuccessful bidders on the garbage pick up service contract. Roll Call: Logacz, Heintz, Norberg--aye Hentges--nay Mr. Anderson reported that the bookkeeping machine in the Assessing Department had become inoperable. Mr. Schedler, Finance Director, had prepared a report listing the possible options in this situation. He was recommending purchasing a re-built machine similar to the one now owned by the City. The options Mr. Schedler presented were discussed. Councilman Norberg felt that a machine should be rented for a short period of time, until additional data can be gathered. Motion by Norberg, Seconded by Logacz to authorize the rental of a bookkeeping machine for the Assessing Department at a cost of $175 per month, with sixty percent of the rental price to be applicable to the purchase, should this be the final decision. Roll Call: All Ayes OLD AND NEW BUSINESS Councilman Hentges asked when street construction throughout the City would be completed. Mr. Brown replied that the work was scheduled for completion on September 30, but the contractor could not start when he wanted to, because all necessary easements had not been acquired. Councilman Hentges commented on what he called the "inefficiencies of the Engineering Department." LICENSES Motion by Norberg, Seconded by Logacz to approve the licenses as listed upon payment of proper fees. Roll Call: All Ayes Motion by Norberg, Seconded by Hentges to~~.l. Call: All Ayes Council President E. Sebe He~ntz