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HomeMy WebLinkAboutAug 14, 1978OFFICIAL PROCEEDINGS REGULAR MEETING OF THE CITY COUNCIL CITY OF COLUMBIA HEIGHTS, MINNESOTA AUGUST 14, 1978 The meeting was called to order at 8:00 p.m. Roll Call: Logacz, Heintz, Norberg, Hentges, Nawrocki - present MINUTES OF PREVIOUS MEETINGS Motion by Hentges, seconded by Heintz, that the minutes of the July 24 regular meeting, the July 31 special meeting and the August 3 special meeting be approved as presented in writing and reading be dispensed with. Roll Call: All Ayes PAYMENT OF BILLS Motion by Norberg, seconded by Hentges, to defer consideration of this matter until later in the meeting. Roll Call: All Ayes ORAL PETITIONS Mr. R. J. Martin, 4032 Washington Street, asked why a tree on Mill Street was planted, removed, and replanted. Councilman Heintz explained that there had been a misunderstanding, but the tree was put back after the resident on Mill Street called the City and asked to have the tree replaced. Mr. Martin also brought up the subject of weeds in the City and stated he felt the City should be doing a better job of keeping them cut. The Mayor explained that it is a difficult job to get rid of all the weeds in the City and the problem is handled on the basis of incoming complaints. Mr. Martin stated that on July 13, 1977 he talked to someone at the Park Depart- ment about four elm stumps which should have been removed. He noted that more than a year later two of these stumps still remain. Two have been removed by the residents. Mayor Nawrocki asked the City Manager to check on these two remaining tree stumps and see that Mr. Martin is given an answer. PLANNING AND ZONING RECOMMENDATIONS: 1. Richard Layland, 4312 Washington St. Special Purpose Fence Request Arden Hovland, Building Inspector, stated that this is the second time this item has come before the Council. The original agreement was that Mr. Layland would remove his garage, which the neighbors say is on their property; however, Mr. Layland has decided not to remove the garage. The City Attorney has stated that this matter should be decided by the courts. The Planning and Zoning Commission asked Mr. Layland to get the property surveyed and then the City would issue a permit for the fence. August 14, 1978 Page 2 Motion by Hentges, seconded by Norberg, to concur in the request for a special purpose fence for the lot at 4312 Washington, subject to a certificate of survey of the property being presented to the City, based on the recommendation of the Planning and Zoning Commission. Roll Call: All Ayes 2. Royhl Hedblad, 1165 Fairway Drive Request for Variance Arden Hovland reported that the Planning and Zoning Commission had a split vote, which constitutes a denial, on the request to convert a single family residence at 3906 VanBuren into a duplex. Councilman Hentges stated the variance requested would be under the 10% square footage difference normally allowed. Motion by Hentges, seconded by Heintz, to grant the 600 square foot variance request in the lot size to allow the reconstruction of the property at 3906 VanBuren into a duplex. Councilman Norberg questioned the hardship involved. Rol1 Call: Logacz, Heintz, Hentges, Nawrocki - Aye Norberg - Abstain 3. Roger Bergland,2220 Highland Place Request for Variance Arden Hovland reported that the request is to allow the construction of a six foot by 21 foot entryway enclosure addition to the front of the house. Council- man Heintz stated that the City Code requires a 25 foot front setback, and the Planning and Zoning recommendation to approve the request is based on that ordinance. The City Attorney stated that the contractor entered into a covenant with the property owners agreeing to a 35 to 40 foot setback but the covenant was something the City did not enter into and cannot be considered as a basis for denying the request. Mr. Bergland stated he is the original owner of the property and he never entered i~to a covenant with the contractor. He added that many times over the years other neighbors have violated the covenant in regards to garage construction and house additions. Mr. Singer, 2226 Highland Place, presented a petition signed by 21 neighbors opposed to the variance request. Motion by Hentges, seconded by Norberg, to accept the petition and place it on file. Roll Call: All Ayes Mr. Kiffe, 4813 E. Upland Crest, stated that in ]965 he was denied a variance request based on the covenant's requirements. Mayor Nawrocki stated again that the City Attorney's finding is that the City Code should be enforced and that the covenant is not in effect. Councilman Norberg stated that there is no pretense of any hardship and the neighbors do not approve of the addition. August 14, 1978 Page 3 Motion by Hentges, seconded by Norberg, to deny the request for variance at 2220 Highland Place because there was no hardship shown. Roll Call: Logacz, Norberg, Hentges, Nawrocki - Aye Heintz - Nay 4. Virginia Larson, 943 42nd Avenue Request for Subdivision Motion by Hentges, seconded by Heintz, to concur with the lot subdivision request based on the recommendation of the Planning and Zoning Commission. Roll Call: All Ayes 5. Robert Smrcka, 4026 7th Street Request for Variance Arden Hovland reported that the addition will make the house meet the present requirements of square footage. Motion by Hentges, seconded by Logacz, that the variance be granted based on the recommendation of the Planning and Zoning Commission. Roll Call: All Ayes 6. ll40 Pierce Terrace Request for Privacy Fence Mayor Nawrocki stated that he had a call from a neighbor who was concerned about the installation of a 6 foot redwood fence next to hers,which is a 4 foot cyclone fence,because of the difficulty in cleaning between the fences. Discussion followed on the problem. The Council made no motion, the action of the Planning and Zoning Commission to allow the 6 foot privacy fence will stand. TRAFFIC COMMISSION RECOMMENDATIONS: 1. 44th Avenue East of Central Avenue Stu Anderson, Police Chief, stated that in 1974 the parking was restricted by posting both sides of the street for limited parking. The Traffic Commission received a petition from 45 of the neighbors in July asking that parking be allowed on one side of the street. The Traffic Commission did not hold a public hearing because such a large percentage of the people had already signed the petition. Motion by Logacz, seconded by Heintz, that the restriction on the north side of 44th between Tyler Place and McLeod Street be removed to allow normal residential parking and that "No Parking Anytime" signs be placed on the south side of 44th Avenue from Tyler Place to McLeod Street. Roll Call: All Ayes August 14, 1978 Page 4 OLD BUSINESS: 1. Para-Transit System Mayor Nawrocki noted that this item had been discussed many times and a presentation was given to the Council several weeks ago on the proposals of para-transit. Mr. Bob Howdek of Mn/DOT was present to answer any questions on the proposals. Councilman Norberg asked why the 100% on-call program was decided on. He stated he thinks it will hurt the taxi service in Columbia Heights and wasn't sure the people would like this particular proposal. Mr. Howdek stated he has talked to the owner of the cab company and the owner has expressed an interest in submitting a bid at the proper time. He added that this is to be a demon- stration, if one type of service doesn't work, another plan might be tried. The main purpose of the system would be to act as a feeder to the regular MTC bus service. He stated that the state will keep track of the project and update its records on a 30 day basis so that the City will have current information on the service. ~r. Howdek suggested determining a reasonable sum of money the City will spend for the project and Mn/DOT will design a program. Motion by Logacz, seconded by Hentges, to authorize the City Manager to look into the program and that no more than $15,000 be authorized to work with Mn/DOT to develop the specifics of the system so that the City can go out for bids. The specifications will be presented to the Council before the bidding process. This program will not be run by the City, but by private operator and the Mayor and City Manager are hereby authorized to make an application to Mn/DOT for this program. Mayor Nawrocki stated that Fridley is still in the process of considering this proposal. If Fridley decides they are going to do something with the para-transit program, something should be ~orked out with them. Roll Call: All Ayes RECESS at 10:07 p.m. RECONVENE at 10:17 p.m. 2. 37th Avenue and Madison Place Stu Anderson reported that the Traffic Commission feels there is not enough traffic to require a 4-way stop sign at this intersection. Discussion followed on the situation created because Minneapolis put a stop sign on their side of the intersection. Mayor Nawrocki stated that a 4-way stop is better than stopping traffic on only one or two sides of the street. Motion by Hentges, seconded by Nawrocki, that the City extend the Council's original motion giving Minneapolis 15 days to correct the traffic situation on 37th Avenue at Madison Place, for 30 additional days for the Minneapolis Council and engineering deparmtnet to reply to the City with a solution to the problem. Councilman Norberg stated he will vote against the motion because he doesn't feel another 30 days will solve the problem, it will only prolong it. He August 14, 1978 Page 5 feels the City should stop the traffic going south on Madison. Councilman Heintz stated he thought instead of 30 days the extension should only be until the next Council meeting. Councilman Logacz stated he thought it was dangerous to play ultimatums with people. Motion by Norberg, seconded by Heintz, to amend the motion to read "to expire the day of the next Council meeting" instead of 30 days from now. Roll Call on amendment: Motion to amend fails. Roll Call on main motion: Motion carries. Heintz, Norberg - Aye Logacz, Hentges, Nawrocki - Nay Logacz, Hentges, Nawrocki - Aye Heintz, Norberg - Nay 3. Proposed Alley between 51st and 53rd on West Side of Central Stu Anderson stated the Traffic Commission feels there should be some access to that rear area of the property on Central and wants the Council to investigate the possibility of an alley between 51st and 53rd west of Central. Councilman Hentges stated that this is the time to consider an alley, not when the entire block is developed. Motion by Hentges, seconded by Heintz, to authorize the City Manager to call for a public hearing on the proposed alley between 51st and 53rd west of Central. Roll Call: Logacz, Heintz, Hentges, Nawrocki - Aye Norberg - Nay 1978 ESTIMATED POPULATION The Metropolitan Council has estimated the population of Columbia Heights at 21,300. This is lower than the 1970 census and may result in a reduction in aids. The City Manager requested authorization to attempt to get a review of this estimate. Motion by Hentges, seconded by Norberg, that the Council direct the City Manager to pursue the matter of the population estimate with the Metropolitan Council. Roll Call: All Ayes COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS A letter was received from HUD inviting the City to submit an application for a Community Development Block Grant. A letter was received from Representative Donald Fraser congratulating the City on being invited to submit an application to HUD. This item was for the Council's information. LITIGATION AND ARBITRATION FEES Motion by Heintz, seconded by Norberg, that $250.04, as Columbia Height's share of costs for arbitration and legal counsel fees for the litigation and arbitration regarding the local 320 contract, be approved. Roll Call: All Ayes August 14, 1978 Page 6 OLD BUSINESS: 2. Fencing at Gauvitte Park City Manager Bocwinski reported that when the park was put in, letters were sent to residents whose property abutted the park on the west side. None of the letters state anything about the City installing a fence. Unless the citizens can show some proof that the City stated they would install a fence, no action should be taken by the City. Motion by Hentges, seconded by Heintz, to direct the City Manager to inform the residents that the City will not install a fence along their rear property line. Roll Call: Logacz, Heintz, Norberg, Hentges - Aye Nawrocki - Nay 3. Waiving of License Fees The City Manager reported that all fees have been waived involving community organizations which took place in City owned facilities and parks this year. He recommends that the City consider all community service organizations eligible for waiving of fees. Councilman Norberg stated the fact that some applicants were not aware of the possibility of fee waiving and made no request for same, as a result only some fees get waived. Mayor Nawrocki stated that this subject should be brought to the Park Board for a recommendation. Motion by Logacz, seconded by Norberg, that the matter of policy on waiving of license fees for events connected with park property be referred to the Park Board for recommendation and report back. Roll Call: All Ayes 4. Policy Regarding Damage to Private Property The City Manager stated that the staff should be responsible for reviewing each claim and making a recommendation to the Council. Under some circumstances the staff must take immediate action that improves the goodwill of the residents and asked that the City crew be authorized to continue to take this type of action. Motion by Norberg, seconded by Heintz, that all claimes against the City as a result of damage to private property resulting from water main breaks, sanitary sewer back ups, and/or storm drain ruptures be reviewed by City staff and a recommendation made and submitted to the City Council for its consideration and action on the merits of each case. Discussion followed on the extent of the City's responsibility on claims and the setting of precedents. August 14, 1978 Page 7 Councilman Norberg stated that all opportunities of the insurance company's paying the claims should be exhausted before the City considers paying the claims and he will vote against his motion because this isn't addressed in it. Roll Call: Heintz - Aye Logacz, Norberg, Hentges, Nawrocki - Nay ADJOURNMENT Motion by Hentges to extend the meeting until 12:30 if needed. Motion dies for lack of a second. The Mayor declared the meeting recessed until 7:00 p.m., Wednesday, August 16. Council Secretary