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HomeMy WebLinkAboutDec 11, 1978OFFICIAL PROCEEDINGS REGULAR MEETING OF THE CITY COUNCIL CITY OF COLUMBIA HEIGHTS, MINNESOTA DECEMBER 11, 1978 The meeting was called to order at 8:t0 p.m. Roll Call: Logacz, Heintz, Norberg, Hentges Present INVOCATION The invocation was given by Pastor Pierson of Oak Hill Baptist Church. MINUTES OF PREVIOUS MEETINGS Motion by Hentges, seconded by Norberg, that the minutes of the regular meeting of November 27, and the special meetings of November 30 and December 4 be approved as submitted in writing and reading be dispensed with. The City Manager asked that the minutes of December 4 be amended to include the list of non-union positions, present salaries, and the 1979 salaries. Roll Call: All Ayes Mayor Nawrocki joined the meeting at 8:18 p.m. ORDINANCES AND RESOLUTIONS: 1. Second Reading of Ordinance 895 Rezoning of 651 46th Avenue N.E. The City Manager noted that this ordinance is for a zone change which was denied by the Planning and Zoning Commission. The Council had a first reading of the ordinance on November 27. Councilman Heintz stated that the Planning and Zoning Commission denied the request because it would create a spot zoning situation and the neighbors objected. Mr. Lien, owner of the property, appealed the decision. His proposal is to put two double bungalows on the property. Councilman Hentges questioned whether the Council had not approved other spot zoning situations in the past. A1 Carlson, City Planner, stated that the property in question, which was rezoned last yea~ was adjacent to property zoned R-2 and, therefore, not technically spot zoning. Harold Ostmoe, 663 46th Ave., stated he is opposed to the R-2 zoning because of the high density of the area, the neighbors do not approve, and the street is too narrow for parking. Victor Maehren, 669 46th Ave., asked how many notices of the meeting were sent out. Mayor Nawrocki explained that notices are sent to neighbors within 300 feet of the property in question and commented on several differences between this rezoning request and the one mentioned previously. December 11, ]978 Page 2 Motion by Heintz, seconded by Logacz, that the request be denied. Councilman Heintz stated that if the Council rezoned, it can be a detriment to the area. Rol1 Call: Logacz, Heintz, Hentges, Nawrocki - Aye Norberg - Nay 2. First Reading of Ordinance 896 Regarding Residential Structures in a Commercial Zone This was referred to the Planning and Zoning Commission for comment previously. The Planning and Zoning Commission has recommended the following ordinance: ORDINANCE NO. 896 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF ]977, PERTAINING TO REGULATION OF RESIDENTIAL STRUCTURES IN COMMERCIAL ZONE The City Council of the City of Columbia Heights does ordain: Section l: Section 9.403(11) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which is current]y reserved, sha]] hereafter read as follows: "9.403(1]) No structure within any commercial zone used for dwelling purposes at the time of passage of this Ordinance or thereafter may be converted to or used for any purpose other than as a dwelling without an alteration permit granted by the City Council pursuant to this section. Applications for alteration permits shall be treated procedurally in the same manner as an application for site plan approval; provided, however, that the Board of A-peals and Adjustments shall recommend approval or disapproval of the alteration plan, and the City Council shall finally approve or disapprove the alteration plan. In addition to providing all the information required when applying for site plan approval, an applicant shall submit a proposed depiction of the structure and site after comp]etlon of the proposed alteration. Additionally, an applicant for an alteration permit may be required before approval thereof to submit such plans as would ordinarily be required for issuance of a building permit. In recommending approval of the site plan, the Board of Appeals and Adjustments must make the roi]owing findings: (a) All structures, the site and the use of the site will conform to the district requirements for the use proposed after completion of the alteration in all respects under this Chapter. Upon completion of the a]teration, the alteration must meet the prevailing zoning, building, fire and safety codes required for new construction under this Code. December 11, 1978 Page 3 (b) If the both uses immediately adjacent on its facing side to the structure proposed to be altered are both residential, the proposed alteration must maintain the residential character of the site and the exterior of the structure proposed to be altered, or (c) If the both uses immediately adjacent on its facing side to the structure proposed to be altered are both commercial or if one use is residential and the other commercial, the proposed alteration must totally destroy the residential character of the site and the exterior of the structure proposed to be altered. In determining which of subsections 9.403(11)A or 9.403(11)B apply, the property use adjacent but across intervening streets or alleys shall govern, and parks, schools, churches, and City properties shall be considered residential uses. In making the determination of whether or not the proposed alteration will destroy or maintain the residential character of the site and structure to be altered, the City Council or the Board of Appeals and Adjustments, with the consent of the City Council, may employ architects and other experts to provide reports or testimony to assist in making such determination. The review shall consider both the proposed site plan and the exterior of the proposed altered structure. The Board of Appeals and Adjustments may grant variances in recommending an alteration permit only if such variance meets the criteria contained in Section 9.503(4) and only if the Board makes findings in accordance therewith. Section 2: Section 6.701(1) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows: "No person, firm or corporation shall remodel, reconstruct, add to, or otherwise alter any residential building now existing in any commercial zone for commercial use." is herewith amended to read as follows: "No person, firm or corporation shall remodel, reconstruct, add to, or otherwise alter any residential building now existing in any commercial zone for commercial use except as permitted by Section 9.403(11). No person, firm or corporation may occupy such building for other than dwelling purposes until all the requirements of Section 9.403(11) have been met and an occupancy permit shall have been granted." Section 3: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. Mayor Nawrocki noted that the next Council meeting will constitute a public hearing on this ordinance. December 1 I , 1978 Page 4 3. Ordinances Regarding '~Snowbirds~ The City Manager stated that the Council was sent three ordinances on overtime parking. Councilman Hentges stated that he requested that this be brought up to the Council again because of complaints received about "snowbirds" ORDINANCE 871 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF ]977, RELATING TO OVERTIME PARKING The City Council of the City of Columbia Heights does ordain: Section ]. Section 7.203 of Ordinance No. 853, City Code of 1977, which is currently reserved, is amended to read as follows, to-wit: No automobile, motor vehicle, recreational vehicle or trailer may be parked or left unattended on any public road or parkway within the City of Columbia Heights at any time from November of any year until April ]5 of the following year between the hours of 2:00 a.m. and 6:00 a.m. Section 2: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. Mayor Nawrocki noted that the next regular meeting will constitute a public hearing. Councilman Heintz stated that if the City Manager had an alternative ordinance it should be sent to the Council before the next meeting for their rev i ew. 4. Storm Sewer Easement at 46th and 45th Avenues Hotion by Norberg, seconded by Hentges, to waive the reading of the resolution as ample copies were available for the public. Roll Call: All Ayes RESOLUTION 78-65 AUTHORIZATION FOR ACQUISITION FOR CERTAIN STORM DRAIN EASEMENTS WHEREAS, the City of Columbia Heights Public Works Department proposes to construct, install and maintain a storm drain to attempt to solve the surface water drainage problem in the area of 1303 45½ Avenue N.E., 1309 45½ Avenue N.E., 1300 46th Avenue N.E., and 1306 46th Avenue N.E. in the City of Columbia Heights, and WHEREAS, the improvement consists of construction to allow the channeling of water flow from the rear of the two homes on 46th Avenue into a collecting manhole located on the rear of 1300 46th Avenue, to tunnel under the ease end of the retaining wall at 1303 45½ Avenue and take the storm flow to 45½ Avenue along the east property line of 1303 45½ Avenue in a 10" V.C.P. pipe, as herein determined necessary to provide for the health and safety of the public; and December 11, 1978 Page 5 WHEREAS, in addition to the easements necessary for the placement of drain pipes and equipment, and maintenance thereof, certain lands are required on a temporary basis to provide for said construction, all of which lands are more particularly described as follows: Parcel No. l: Lot Description: The West 55 feet of the North 1/2 of Lot 9, Block 2, Sheffield's Subdivision, Anoka County, Minnesota, (subject to an easement for driveway purposes over the East 5 feet thereof), Together with an easement for driveway purposes over the West 5 feet of Lot 9, excepting the West 55 feet thereof. Permanent Easement Description: An easement for the installation, access to and continued maintenance of a storm drain and its appurtenance over, under and across that part of the above parcel and described as follows: The East 5 feet of the West 55 feet of the North 1/2 of said Lot 9 and the South 12 feet of the East 22 feet of the West 50 feet of the West 55 feet of the N1/2 of said Lot 9. Temporary Easement Description: Over, under and across the North 20 feet of the South 32 feet of the East 22 feet of the West 50 feet of the West 55 feet of the North 1/2 of said Lot 9. Parcel No. 2: Lot Description: The N1/2 of Lot 9, Block 2, Sheffield's Subdivision, Anoka County, Minnesota, except the West 55 feet and subject to an easement for driveway purposes over the West 5 feet for the benefit of the West 55 feet of the North 1/2 of Lot 9, Together with an easement for driveway purposes over the East 5 feet of the West 55 feet of said N1/2 for benefit of NI/2 of Lot 9, except the West 55 feet. Permanent Easement Description: An easement for the installation, access to and continued maintenance of a storm drain and its appurtenance over, under and across that part of the above parcel described as follows: The West 5 feet of the N1/2 of said Lot 9, excepting the West 55 feet thereof and the South 12 feet of the West 15 feet of the West 20 feet of said Lot 9 excepting the West 55 feet thereof. Temporary Easement Description: Over, under and across the South 32 feet of the West 15 feet of the West 20 feet of said Lot 9 excepting the West 55 feet thereof. December 11, 1978 Page 6 Parcel No. 3: Lot Description: The West 1/2 of the Souht 1/2 of Lot 9, Block 2, Sheffield's Subdivision, Anoka County, Minnesota, subject to road and utility easement over the South 30 feet. Permanent Easement Description: An easement for the installation, access to and continued maintenance of a storm drain and its appurtenance over, under and across that part of the above parcel and described as follows: The East 5 feet of the West 1/2 of the South 1/2 of said Lot 9. Parcel No. 4: Lot Description: The East 1/2 of the South 1/2 of Lot 9, Block 2, Sheffield's Subdivision Anoka County, Minnesota, subject to road and utility easement over the South 30 feet. Permanent Easement Description: An easement for the installation, access to, and continued maintenance of a storm drain and its appurtenance over, under and across that part of the above parcel and described as follows: The West 5 feet of the East 1/2 of the South l/2 of said Lot 9. NOW, 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 a storm drain construction and maintenance purposes over said lands in accordance with Minnesota 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 therefor and to prosecute such action to a successful conclusion or until it is abandoned, dismissed or terminated by the City or Court. Passed this llth day of December, 1978. Offered by: Seconded b'/: Roll Call: Log,~cz Norherg All Ayes December 11, 1978 Page 7 5. Alleyway Between 49th and 50th Avenues, West of Central Motion by Norberg, seconded by Heintz, to waive the reading of the resolution as ample copies were available for the public. Roll Call: All Ayes RESOLUTION 78-66 AUTHORIZATION FOR ACQUISITION FOR CERTAIN ROADWAY EASEMENTS WHEREAS, the City of Columbia Heights Public Works Department proposes to construct an alleyway or roadway from Forty-ninth Avenue Northeast to Fiftieth Avenue Northeast between Central Avenue (Trunk Highway No. 65) and Jackson Street Northeast in the City of Columbia Heights, and WHEREAS, the improvement consists of constructing said alleyway or roadway as herein determined necessary to provide for the safety of the traveling public; and WHEREAS, certain lands are required to provide for said construction, which lands are more particularly described as follows: Parcel No. 1: The East fourteen feet (14') of the West eighteen and one-half feet (18½') of Lot 14, Block 2, Auditor's Subdivision 15, Anoka County, Minnesota Parcel No. 2: The East Fourteen feet (14') of the West eighteen and one-half feet (18½') of Lot 15, Block 2, Auditor's Subdivision 15, Anoka County, Minnesota Parcel No. 3: The East fourteen feet (14') of the West eighteen and one-half feet (18½') of Lot 16, Block 2, Auditor's Subdivision 15, Anoka County, Minnesota Parcel No. 4: The East fourteen feet (14') of the West eighteen and one-half feet (18½') of Lot 17, Block 2, Auditor's Subdivision 15, Anoka County, Minnesota Parcel No. 5: The East fourteen feet (14') of the West eighteen and one-half feet (18½I) of Lot 19, Block 2, Auditor's Subdivision 15, Anoka County, Minnesota NOW, 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 alleyway or roadway construction and roadway maintenance purposes over said lands in accordance with Minnesota 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 therefor December ] 1 , 1978 Page 8 and to prosecute such action to a successful conclusion or until it is abandoned, dismissed or terminated by the City or Court. Passed this ]lth day of December, 1978. Offered by: Heintz Seconded by: Norberg Roll Call: All Ayes PLANNING AND ZONING COMMISSIOH RECOMHENDATIONS: 1. Doug Durand, 1005 42nd Ave. Subdivision Approval Motion by Heintz, seconded by Hentges, that the lot subdivision request at 1005 ~2nd Avenue be approved based on the recommendation of the Planning and Zoning Commission. Roll Call: All Ayes COMMUNICATIONS: 1. Letter from City of Red Wing Red Wing has asked communities to support their position in opposition to the NSP proposed increase in gas rates. Motion by Nor!~erg, seconded by Logacz, that the City Manager be directed to write a letter to the City of Red Wing recommending that they refer their request to the Suburban Rate Authority. Roll Call: All Ayes 2. Letter from G. B. Asselstine A letter was received from Mr. Asselstine expressing his appreciation for the work which was done behind his property at B826 Stinson Boulevard. B. Letter from St. Tin~othy Lutheran Church A letter was received from Pastor Heglund thanking the Council for the way in which they handled the matter of the proposed roadway between 5lst and 5~rd Avenues west of Central. RECESS at 9:lB p.m. RECONVENE at 9:~0 p.m. OLD BUSINESS: l. City Hall Addition, Renovation, and Remodeling The City Manager stated that there are a number of items to be reviewed. Dis- cussion followed on change orders ~9 and December 11, 1978 Page 9 A memo was received from Stu Anderson, Police Chief, requesting the purchase of exercise equipment from Weight Training, Inc. for $1,275. Motion by Hentges, seconded by Norberg, to authorize the Mayor and City Manager to enter into contract to purchase exercise equipment from Weight Training, Inc. in the amount of $1,275. Roll Call: All Ayes Robert Diedrich, architect, requested the approval of change order #6 dealing with duct work that has been done. The work done exceeded the amount of the change order. His firm has paid the additional money but he feels he should not be held responsible for the cost. Discussion followed on why the duct work is so expensive. Councilman Norberg stated he understands how a miscal- culation could occur, but he isn't happy with the amount of the bill. Councilman Hentges stated he doesn't see where this is the City's responsibility. The City Manager recommends the request be denied. Motion by Heintz, seconded by Hentges, that the request for change order be denied. Roll Call: Logacz, Heintz, Hentges - Aye Norberg, Nawrocki - Nay Cornell Moore, President of Leverette Weekes Inc., City Hall contractor, has submitted a request that the City's retainer be dropped from 10% to 5%. The City Manager has denied the request because of the amount of the contract which has not been finished. There is some question as to whether the building can be considered substantially complete and he listed areas that have not been finished. Mr. Moore stated that the original contract was $455,000. The City is withholding 10% and stated this is causing problems to him and some of his subcontractors. He is asking for one half of the retainer. Councilman Hentges stated he felt the work would take longer to complete with only 5% being retained as leverage. Councilman Norberg stated that the amount of the holdback is what's set in the contract. Mr. Moore stated that he only heard about some of the items tonight, none of which are major, and all can be done for less than the $45,000 being retained. Discussion followed on the telephone for the elevator and whether it is the City's responsibility to arrange its installation and the change in the pit of the elevator. Bob Diedrich stated he had received a report that the firing range cannot be installed. Discussion followed on the dimensions of the range and the fact that the installer says he cannot install the range the way it was cut up. Earl Gustafson, Public Works Director, stated it is a relatively small matter to install the range. A brief discussion was held on the balancing of the heating system. December l l, 1978 Page 10 Motion by Heintz, seconded by Logacz, that the City reduce the 10% retainer to 5~ upon either completion of the work or when the City Manager is satisfied there is a real intent on the contractor's part to finish the work. Councilman Norberg stated he thought this would weaken the City Manager's hand. Motion by Norber9, seconded by Hentges, to table the motion until after the three items (elevator, heatin9 system, firing range) are completed. Roll Cal']: Norberg, Hentges - Aye Logacz, Heintz, Nawrocki - Nay Motion fails. Councilman Norberg stated that the contractor is tulling the Council that he doesn't know what to do and is asking the Council to do his contracting for him. Mayor Nawrocki stated he doesn't feel the City is doing the contractor's job by helping him find a company to do some of the work on the firing range. Mr. Moore still has the responsibility of hiring the work done. Roll Ca]] on main motion: Logacz, Heintz, Hentges, Nawrocki Norberg - Nay Aye 2. Letter from BelAir Contractors The City Manager stated that BelAir has requested a commitment from the City for the development of the area between Gould and 40th, east of Central. He proposed the Council table this matter and instruct the City Manager contact Mr. Mur]owski of BelAir to inform him that until such time as the Council takes some action on its present liquor operation it will hold his proposal in abeyance. Councilman Norberg stated that Hr. Mur]owski's letter insures a high profit for the proposed liquor operation which he doesn't fee] is responsible. He also questioned the square footage they say they wi]] require for the liquor operation and stated he doens't fee] it is enough. Motion by Norberg, seconded by Logacz, to table the BelAir request. Roll Call: Logacz, Norberg - Aye Heintz, Hentg~s, Nawrocki - Nay Motion fails. Councilman Hentges stated that the proposal isn't worth considering. Discussion continued. Motion by Norberg, seconded by Logacz, to table further consideration of the BelAir request at this time. Roll Call: Logacz, Heintz, Norberg, Nawrocki - Aye Hentges - Nay December 11, 1978 Page 11 3. Other Old Business Councilman Logacz asked when the signals would be working at 40th and Central. The City Manager stated he was told it would be within the next two weeks. Councilman Hentges asked about the City's contract with the Highway Department to plow snow on Central Avenue. The City Manager stated the City is being paid for snow removal. Discussion followed on changes in the contract from last year. The City Manager will check on the rates and whether they have been increased from previous years and report back to the Council. Residents have asked why City crews are plowing several of the church parking lots. Councilman Hentges stated he is against this and asked whether the City was being paid. Earl Gustafson stated that this has been a practice for several years. The City does not plow, it only removes excess snow from curbs and corners and it does this for all the churches. The City is not reimbursed. Councilman Heintz stated he likes the present practice. NEW BUSINESS: 1. Fire Department Request for Supplies and Equipment The City Manager stated that these are appropriate line items to be taken from revenue sharing. Councilman Norberg stated he can tell its December because it's "happy dipping" time again and asked that the staff not burn the budget at the end of the year. Motion by Heintz, seconded by Logacz, to authorize the City Manager to approve the purchase of: Jobst Anti-Shock Trousers, Laerdal 3-way portable suction unit, and first aid supplies for a total amount of $1,603.49 from Advance Ambulance Co. The City Manager stated he thinks the accusation of "happy dipping" is unjust. Don Johnson, Fire Chief, stated the reason for his request and the need. He is asking that the department be able to take care of injuries with up-to-date equipment. The Mayor stated he is glad to know the department is trying to keep its equipment up to date and feels it is a reasonable request to provide a higher level of service to the City. Roll Call: Logacz, Heintz, Hentges, Nawrocki - Aye Norberg - ~bst~in Motion by Heintz, seconded by Logacz, to authorize the City Manager to approve the purchase of: two portable resuscitators, 25 nasal cannula, and 25 rebreather masks for a total amount of $450.00 from Medical Oxygen and Equipment Company. Roll Call: Logacz, Heintz, Hentges, Nawrocki Norberg - Abstain Aye PAYMENT OF BILLS Motion by Heintz, seconded by Logacz, that bills as listed be paid out of their proper funds. December 1] , 1978 Page ] 2 Councilman Norberg questioned bills #27784, ~27748, ~27792 and #27839. Roll Call: [.ogacz, Heintz, Hentges, Nawrocki - Aye Norber9 - Nay NEW BUSINESS: 2. Purchase of Squad Cars The City Manager stated that the Council has received a memo from Stu Anderson regarding the purchase of three 1979 squad cars. He recommends the Council accept the recommendation of the Police Chief and purchase the cars out of revenue sharing funds. Motion by Hentges, seconded by Logacz, that the Mayor and City Manager be authorized to enter into contract for three patrol cars in the amount of $]8,200 from Iten Chevrolet through the Hennepin County bid. Discussion followed on the size of the car and the comfort of the policemen. Councilman Norber9 questioned what will happen to the old cars. Instead of putting them into the City's car poo], he would like them to be traded in. Motion by Norberg, that the motion be amended to instruct the City Manager to liquidate the cars. Motion dies for lack of a second. Roll Call on main motion: All Ayes Motion by Hentges, seconded by Heintz, to extend the meeting until 12:05 a.m. Roll Call: All Ayes Authorize Purchase of the Leslie Property at 535 Mill St. The City Manager stated he has a signed purchase agreement from Mrs. Leslie for $42,000. Motion by Heintz, seconded by Logacz, to authorize the Mayor and City Manager to enter into a purchase agreement for the Leslie property at 535 Mill St. in an amount of $42,000. Roll Call: Logacz, Heintz, Hentges, Nawrocki - Aye Norber9 - Nay Appointment of Auditors to Prepare Audit of EDA Grants The City Manager stated that the City is requested to have an audit done of its EDA grant. Two bids were received. Motion by Heintz, seconded by Hentges, to appoint the firm of Haskins and Sells to prepare an audit of the EDA grants. Ro11 Call: Al1 Ayes December ll, 1978 Page 13 5. Other New Business The City Manager stated he had a request to purchase snow blades in the amount of $917.89. This is an emergency item. Motion by Logacz, seconded by Heintz, to purchase snow ptow blades in the amount of $917.89 from Ziegler. Roll Call: Logacz, Heintz, Hentges, Nawrocki - Aye Norberg Nay Mayor Nawrocki stated he was proclaiming Friday, December 15, 1978 as Tony Maciaszek Day and had a proclamation prepared. At 12:15 a.m. the Mayor declared the meeting recessed, to be reconvened after the completion of the 7:00 p.m. public hearing, Tuesday night at the Field House. Bru-X~e G. Nawrocki, Mayor cC'6unc~l Secretary