HomeMy WebLinkAboutNov 13, 1979OFFICIAL PROCEEDINGS
REGULAR MEETING OF THE CITY COUNCIL
C~TY OF COLUMBIA HEIGHTS, MINNESOTA
NOVEMBER 13, 1979
The meeting was called to order at 8:35 p.m.
Roll Call: Logacz, Heintz, Norberg, Nawrocki - Present
It was noted that Councilman Hentges was representing the Council at an HRA
meeting and would join the Council meeting later.
INVOCATION
The invocation was given by Councilman Norberg.
MINUTES OF PREVIOUS MEETINGS
Motion by Heintz, seconded by Logacz, to approve the minutes of the October 22
regular meeting, the October 23 continuation and the November 8 special meeting
as presented in writing and reading be dispensed with.
Roll Call: All Ayes
PLANNING AND ZONING COMMISSION RECOMMENDATIONS:
1. Norm Dyer, 6500 Barrie Road
Preliminary Approval, P.U.D., Appeal from Denial
Mr. Pace, representing the developer, Norm Dyer, stated that at the last meeting
there was a lengthy discussion about the rear 20' of the development area. He
is proposing that the developer landscape the property in agreement with the
neighbors. He has prepared a covenant to assure the City and the residents that
the landscaping will be put in and maintained by the fee owner. This is the only
change since the last meeting. City Attorney Kalina stated that he has not as yet
seen the covenant.
Councilman Hentges joined the meeting at 8:50 p.m.
Mr. Pace distributed copies of the covenant to the City Attorney and Council.
The City Attorney stated that th'is is fundamentally the same document as was
presented previously and it still doesn't extend the right to the City to do the
improvements and assess the fee owners for the work.
Councilman Norberg questioned whether the City should enter into an agreement
whereby the City has to go to court to recover costs. The City usually follows
the assessment process. He added he doesn't feel this agreement is in the best
interests of the City of Columbia Heights.
Motion by Heintz, seconded by Hentges, to deny the request based on the following:
1. That the Declaration of Covenants provides only for maintenance, preservation
of the open space area and includes no provision for improvements within the open
space. The Zoning Code requires that the Covenants govern the use, maintenance,
and continued protection of the common open areas.
November 13, 1979
Page 2
2. That the Declaration of Covenants provides no mechanism For assessing the
costs of maintenance and improvement against the property. No order of priority
of liens is established such that the cost of such maintenance or improvements
is not to be given priority over other encumbrances within the Covenants as
presented. The City has no existing codes or ordinances to collect this type of
assessment and no mechanism for such collection is suggested or presented in the
Declaration of Covenants.
3. That the Declaration of Covenants, under the definition of "Common Area"
purports to convey the open space to the City. However, that property is not
conveyed within this or any other document.
4. That Section 9.116(17)(f)(i) requires that the common open space be conveyed
to (1) a public agency which will agree to maintain it, or (2) trustees. The
Declaration of Covenants has done neither.
The plan fails to provide adequate recreational facilities as required For
P.U.D.
6. The p]an does not comply with the basic P.U.D. concept in that it does not
faci]it.ate the adequate and economical use of streets and uti]ities or preserve
the natural and scenic quality of the property, and does not offer any recreational
facilities for public use.
Roll Call: All Ayes
Robert Strandlund, 4432 Second St. N.E.
Request for Special Purpose Fence
Councilman Heintz stated that he abstained from voting on this matter at the
Planning and Zoning meeting because he doesn't agree with infringing onto the
public right-of-way. He stated this might set a precedent and other neighbors
might want to move their fences as well.
Mr. Strandlund stated that he has a retaining wall in the backyard which cuts down
on his :recreation area. By moving the Front fence, he would have additional space
in the front yard for recreation.
Councilman Norberg stated that previously the Public Works Department's position
has been that no fences wi1] be allowed on the City's right-of-way. Fred Salsbury,
Public Works Director, stated this would still ]eave ]0~' between the fence and the
curb which wou]d be ample for snow storage.
Councilman Heintz stated again that he is concerned that this will cause more
requests of this type and where does the City draw the line.
Hotion by Hentges, seconded by Logacz, to approve the 3' variance onto the City
easement provided the owner agrees to remove the fence at no expense to the City
upon request of the City.
Councilman Norberg asked if this var ance requires a proof of hardship. The City
Attorney answered that it did not.
Roll Call:
Logacz, Hentges, Nawrock
Heintz, Norberg - Nay
Aye
November 13, 1979
Page 3
3. First Security Bank, 2387 University Ave., St. Paul
Appeal from Denial, Request for Conditional Use Permit
First Security Bank indicated that they are appealing the denial of the Planning
and Zoning for a conditional use permit that would allow a banking facility at 3836
Stinson Boulevard. First Security would like to construct a 2500 square foot
detached banking facility on the site directly south of Heights Manor senior
citizen building.
A1 Carlson, City Planner, showed a plan of the area. The Traffic Commission felt
that because of the traffic on Stinson Boulevard an access should be made onto
McKinley St. He added that his denial was based on the fact that the zoning
ordinance doesn't allow a conditional use permit for banking facilities in a
Limited Business District.
The bank feels they should be considered a small business catering to the
neighborhood but A1 Carlson pointed out that the bank would supply all the services
presently supplied by other banks in the area which are not in a Limited Business
District.
Tom Moore, realtor, stated the history of the bank's proposal. Vern Wilcox,
representing the First Bank System, read a letter from Howard Dahlgren Associates,
Consulting Planners, stating their interpretation of the ordinance, which they
advised the City on when it was drafted, and the appropriateness of the proposed
use of the site.
Mr. Wilcox defined the area considered neighborhood in the bank's survey as a
primary service area. There are no banks in this area presently. Mayor Nawrocki
stated that he has discussed the matter with Mr. Dahlgren and respects his work.
Mr. Grover, architect for the bank, addressed the matter of the traffic generated
by the facility and the Traffic Commission's recommendations for a traffic
pattern.
Councilman Hentges pointed out that this type of development would bring in very
little tax money as compared with other development which could be placed there.
Mr. Grover answered that there were few businesses which could be placed on a site
of this size which would bring in any more taxes than the proposed bank.
Mr. W. H. Kelly, an interested property owner in the area, stated that the banking
commission has established a need for a facility of this type in the area and thinks
it will be a welcome addition.
Mr. McCline, 4009 Arthur St., stated his hope that the Council give favorable
consideration to this request. Ne also feels it would be an asset to the community.
Mr. Wilcox stated that in the survey, 200 people in the surrounding area were
polled. 87% believed it would be a beneficial addition to the neighborhood and
41% stated that they may use the facility.
November 13, 1979
Page ~
Councilman Norberg stated that he is not sure that banking is under the umbrella
of Limited Business and he isn't sure he wants to set a precedent. He wou]d
rather the property owners asked for a zoning change.
Mayor Nawrocki indicated that two companies he is involved with are in the
process of dealing with the First Bank System at the present time and stated that
this might be construed as a conflict of interest by some poeple, so he
abstain from voting in this matter.
Councilman Logacz stated his support: of the proposal and his feeling that the
little, if any, additional traffic generated would have little impact. Mr. Wilcox
stated that the bank would be happy to work with the City to change the zoning
ordinance. Al Carlson asked whether rezoning this spot would show a preferential
treatment and he did not recommend it.
Motion by Heintz, seconded by Hentges, to uphold the City Planner's denial for a
conditional use permit because this proposal does not fit under the uses allowed
in a Limited Business District.
Roll Call: Logacz, Heintz, Norberg, Hentges - Aye
Nawrocki - Abstain
John Torkelson, 393~ Jackson St.
Request for Variance
Motion by Heintz, seconded by Logacz, to grant the request of a 10' setback
variance on the garage because of the topographical hardship of the property.
Roll Call: All Ayes
RECESS at lO:tO p.m.
RECONVENE at 1]:00 p.m.
PROJECT POWER
This is a request For $200 from the City as its part of the funding of Project
Power, an educational program for mentally handicapped and hearing impaired adults.
Additional funds of $3,000 are required for the program and they will be solicited
from various civic organizations and cities in the County.
Mayor Nawrocki stated he thinks this is a great program and would vote for all
$3,000 from Columbia Heights if this is what it would take to keep the program going.
Motion by Heintz, seconded by Hentges, to authorize expenditure of $200 from
unfunded general fund balance to participate in Project Power.
Roll Call: All Ayes
November 13, ]979
Page 5
PERSONNEL ITEHS
Motion by Heintz, seconded by Logacz, that the Recreation Supervisor's salary
be set at S1,058 per month.
Roll Call: All Ayes
RESOLUTIONS AND ORDINANCES:
1. Civil Defense
RESOLUTION 79-46
BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights,
that the City of Columbia Heights Emergency Plan, as prepared by the Department
of Civil Defense, dated November 1, 1979, be and it is hereby officially adopted
as the Civil Defense Plan for the City of Columbia Heights.
Passed this 13th day of November, 1979.
Offered by: Heintz
Seconded by: Hentges
Roll Call: All Ayes
2. Requesting Time Extension for Completion of Comprehensive Plan
Motion by Heintz, seconded by Hentges, to dispense with the reading of the
resolution as sufficient copies were available for the public.
Roll Call: All Ayes
RESOLUTION 79-47
Offered by: Logacz
Seconded by: Hentges
Councilman Norberg stated he would like to amend the resolution from a six month
extension to a one year extension. He stated he is proposing a year because he
believes this is how long it will take. The City Manager stated that the Comprehensive
Plan is approximately 30-40% complete at this time.
Motion by Norberg, seconded by Heintz, to amend the resolution to one year request
instead of six months.
Roll Call: Logacz, Heintz, Norberg, Hentges - Aye
Nawrocki - Nay
RESOLUTION OF THE CITY COUNCIL OF COLUMBIA HEIGHTS, MN REQUESTING THE
METROPOLITAN COUNCIL TO GRANT AN EXTENSION UNTIL DECEMBER 31, 1980 TO
FULFILL THE REQUIREMENTS OF LAW 1976, CHAPTER 127, SECTION 1-23
WHEREAS, the City Council of Columbia Heights endorses and is actively pursuing
the completion of the requirements of Law 1976, Chapter 127, Sections 1-23, and
WHEREAS, the City of Columbia Heights has completed an inventory of data and
documents necessary to analyze and formulate policies in regards to the various
Comprehensive Plan elements, and
November 13, 1979
Page 6
WHEREAS, the City oF Columb;a Heights has 0een ~,~ithout the services of a full-
Lime City Planne.- from Septen,be~ 1, 1978 through October i, 1979 because of a
reorganization process invotv;n9 the division of responsiblities between the
Housing and Redevelopment Authority and City Planning Department, and
WHEREAS, the Housing and Redevelopment Authority agreed to temporarily undertake
the City's planning and zoning responsibilities until such time the City of
Columbia Height~ may ~o, ganiz~ ~h, Planning Department and ~.ecu~e a Full-t me
Cit~, Flannt'T', and
WHEREAS, the Housing and Redevelopment Authority's staff and City of Columbia
Heights' staff ha~,a been laboriously involved with the planning, management and
negotiation of a critical development agreement to redevelop and revitalize the
depressed downtown area of Columbia Heights, and
WHEREAS, the City of Columbia Heights has now completed its departmental
reorganization process and is earnestly pursuing the completion of its
Comprehensive Plan,
NOW, THEREFORE, BE IT RESOLVED, the City of Columbia Heights requests the
Metropolitan Council to grant an extension until December 31, 1980 to fulfill
the requirements of Law 1976, Chapter 127, Section 1-23 so that a superior effort
may be made to ensure that the City's comprehensive long range planning meets
local and metropolitan area needs and goals.
Passed this 13th day of November, 1979.
Roll Call on amended resolution: All Ayes
Other ~r4inanc~s ann Resolutions
Motion by Logacz, seconded by Norberg, to dispense with the reading of the three
proposed resolutions ordering improvements as sufficient copies were available
for the publ lc.
Roll Call: All Ayes
RESOLUTION 79-48
Offered by: Norberg
Seconded by: Logacz
Councilman Norberg suggested the addition of another section stating the owner of
Lot 76 is opposed to tile alternative, project.
bEING A RESOLUTION UHL)P_HIINu I,,iPROVEMENTS
BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights:
WHEREAS, the City ,Council of the City of Columbia Heights by motion on the 22nd
day of October, 1~79, ordered notice of a hearing to be given to property owners,
and
November 13, 1979
Page 7
WHEREAS, pursuant to a notice of hearing certain residents appeared at a Council
meeting on the 13th day of November, 1979, and
WHEREAS, the Council determines to proceed with this local improvement, a portion
of the cost being defrayed by special assessments under Charter provisions.
AND, WHEREAS, an alternative project which would also serve Lot 76, is expressly
opposed by the owner of Lot 76 at this time;
NOW, THEREFORE, IT IS HEREBY RESOLVED:
1. That the location and extent of such improvements is as follows:
Lateral sanitary sewer in alley west of Reservoir Boulevard, from the
existing manhole six feet southwest of 41st Avenue, thence southwesterly
60 feet.
2. That the materials to be used are as follows:
P.V.C. sewer pipe and appurtenances
3. That a careful estimate of the cost of the improvements has been made by the
City Manager and the several lots and parcels of land fronting upon and adjacent
to such proposed improvements, which be deemed benefited thereby, were properly
notified of said hearings, and
4. That the City Manager shall also list the names and owners of the several
parcels so improved as nearly as can be ascertained.
5. These improvements shall also be known as Project Number 753.
Passed this 13th day of November~ 1979.
Roll Call on amended resolution: All Ayes
RESOLUTION 79-49
BEING A RESOLUTION ORDERING IMPROVEMENTS
BE IT HEREBY RESOLVED BY THE City Council of the City of Columbia Heights:
WHEREAS, the City Council of the City of Columbia Heights by motion on the 22nd
day of October, 1979, ordered notice of a hearing to be given to property owners,
and
WHEREAS, pursuant to a notice of hearing certain residents appeared at a Council
meeting on the 13th day of November, 1979, and
WHEREAS, the Council determines to proceed with this local improvement, a portion
of the cost being defrayed by special assessments under Charter provisions.
NOW, THEREFORE, IT IS HEREBY RESOLVED:
November 13, 1979
Page 8
]. That the location and extent of such improvements is as follows:
Lateral sanitary sewer on 38th Avenue, from Main Street to the alley west
of Main Street.
2. That the materials to be used are as follows:
P.V.C. sewer pipe and appurtenances.
That a careful estimate of the cost of the improvements has been made by the
City Manager and the several lots and parcels of land fronting upon and
adjacent to such proposed improvements, which be deemed benefited thereby,
were properly notified of said hearings, and
4. That the City Hanager shall aisc) list the names and owners of the several
parcels so improved as nearly as can be ascertained.
These improvements shatl also be known as Project Number 754.
Passed this 13th day of November, 1979.
Offered by: Norberg
Seconded by: Loga,:z
Roll Call: All Ayes
RESOLUTION 79-50
BEING A RESOLUTION ORDERING IMPROVEMENTS
BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights:
WHEREAS, the City Council of the City of Columbia Heights by motion on the 22nd
day of October, 1979, ordered notice of a hearing to be given to property owners,
and
WHEREAS, pursuant to a notice of hearing certain residents appeared at a Council
meeting on the 13th day of November, 1979, and
WHEREAS, the Council determines to proceed with this local improvement, a portion
of the cost being defrayed by special assessments under Charter provisions.
NOW, THFREFORE, IT IS HEREBY RESOLVED:
That the location and extent of such improvements is as follows:
Alley lighting in alley east of Polk Street from 37th Avenue to 39th Avenue.
2. That the materials to be used are as follows:
N.S.,P. poles, electrical illuminairs, and miscellaneous materials.
That: a careful estimate of the cost of the improvements has been made by the
City Manager and the several lots and parcels of land fronting upon and adjacent
to such proposed improvements, ~hich be deemed benefited thereby, were
properly notified of said hearings, and
November 13, 1979
Page 9
4. That the City Manager shall also list the names and owners of the several
parcels so improved as nearly as can be ascertained.
5. These improvements shall also be known as Project Number 677.
Passed this 13th day of November, 1979.
Offered by: Norberg
Seconded by: Logacz
Roll Call: All Ayes
TRAFFIC COMMISSION
Mayor Nawrocki noted that there was a request for a two hour parking zone near
Wargo Court made by a property owner. Discussion followed on the problem which
this could create.
METROPOLITAN COUNCIL REVIEW
The Metropolitan Council will hold a public hearing on November 26 to hear comments
on guidelines and procedures the Council is porposing to use in its review of local
housing bond plans.
PROPOSED SCIENCE AND TECHNOLOGY COMMITTEE
Motion by Norberg, seconded by Heintz, to dispense with the reading of the proposed
ordinance as sufficient copies were available for the public.
Roll Call: All Ayes
ORDINANCE 9O8
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF
1977 PERTAINING TO THE CREATION OF A SCIENCE AND TECHNOLOGY COMMISSION
The City Council of the City of Columbia Heights Does Ordain:
Section l:
Section 3.314 of Ordinance No. 853, City Code of 1977, passed June 21,
1977, which is currently reserved, shall hereafter read as follows,
to-wit:
"SECTION 14 - SCIENCE AND TECHNOLOGY COMMISSION
3.314(1)
A Science and Technology Commission is hereby established which shall
consist of seven (7) permanent members to be appointed by the Council
for terms of three (3).years each. Permanent members shall be residents
of the City and shall include one'member of the Council. At least four
(4) permanent members shall possess technical expertise by virtur of
education, training, or experience in the physical sciences, engineering,
or mathematics. No person may be reappointed to the Commission unless
such person has demonstrated increased education, training or experience
since the time of the person's last appointment such that the member's
technical perspective has been broadened.
November 13, 1979
Page 10
3.314(2)
The Science and Technology Commission shall establish and appoint its
own ex officio members of such numbers and identity as it shall deem
appropriate. Terms of ex officio members shalI be of such duration as
is necessary and expedient to the topics being considered by the Scien
and Technology Commission. The Science and Technology Commission shall
continue thereafter to prepare and maintain a current list of persons
who may agree to donate technical expertise helpful to the topics which
may be studied by the Commission. Ex officio members need not be resi-
dents of the City and their expertise need not be limited to physical
sciences, engineering or' mathematics.
3.314(3)
The Science and Technology Commission shall evaluate and advise the
Council on highly technological proposals such as the use of computer
services by the City Administrative Service as requested by the Council.
The Science and Technology Commission shall analyze, devise and recommend
to the Planning and Zoning Commission and Council such changes in the
Zoning Code as may be necessary and desirable to both permit and closely
regulate energy conservation enhancement in structures. It shall
provide analysis and advice to the Planning and Zoning Commission, City
Council, Administrative Service or other Boards and Commissions on
technical subjects referred to it from time to time.
3.314(3)
The Science and Technology Commission shall advise the Council and aid
the Administrative Service in the preparation of technical specifica-
tions for the purchase of technical equipment or services.
The Science and Technology Commission shall make a review of the City
Code to determine areas of obsolescence or impending obsolescence and
recommend changes to the City Council before such problems become acute."
Section 2: This Ordinance shall be in full force and effect from and after thirty
(30) days after its passage.
This constitutes a first reading of the ordinance.
HTC PROPOSED CHANGES IN ROUTES
The MTC is notifying the City of their planned Regular Route Transit Improvements
and aski'ng for any comments.
ASSOCIATION OF METROPOLITAN MUNCIPALITIES
A letter- was received From the AMM stating there is a vacancy on the Board of
Directors which will be filled next month, there are also vacancies on the Trans-
portation Advisory Board and the Technical Advisory Committee and asked for
recommendat ions.
~ovem~¢r 13, 1979
age l/
OLD BUSINESS:
1. Cul-de-sac on Stinson Blvd. at Silver Lake Beach
The estimate for the fencin9 is $1,000 in addition to the fence bein9 installed
between Columbia Heights and Hilltop. This would provide a better turn around for
the snow plows and 9arba9e trucks.
Motion by Lo9acz, seconded by Hent9es, that the City Mana9er be authorized to
increase the order for fencin9 with Midwest Fence Company (the company that is
providin9 the fence which was approved to be located between Hilltop and Columbia
Hei9hts) based on prices as previously submitted, monies to come From the revenue
sharin9 fund.
Roll Call: All Ayes
2. Appointments to Library Board and Recreation Commission
Councilman Norber9 su99ested that: the Council interview the applicants and allow
enough time so that the Boards involved can choose from the recommendations.
Monday, November 19 and Tuesday, November 20 were set to interview the candidates
and discuss the bud9et for 1980.
Motion by Hent9es to continue the meetin9 until the agenda is finished.
Motion dies For lack of a second.
Motion by Heintz, seconded by Hent9es, to continue the meetin9 until 1:00 a.m.
Councilman Norber9 stated he would prefer 12:30 because it makes the Councilmembers
aware of the time.
Roll Call: Logacz, Heintz, Hentges, Nawrocki - Aye
Norberg - Nay
NEW BUSINESS:
1. Purchase of Spike-Proof Matting
Motion by Logacz, seconded by Heintz, to authorize an expenditure of funds to
purchase matting from Superior Products Manufacturing Company in the amount of
$1,054.60 based on low informal quotations.
Roll Call: All Ayes
2. Repair of Service Center Garage Doors
Motion by Heintz, seconded by Logacz, to authorize the expenditure of funds to
furnish and install weather stripping and repair and adjustment of overhead doors
at the service center, such service to be provided by Twin City Garage Door
Company at a cost of $977 based on low informal quotations.
Roll Call: All Ayes
November 13, 1979
Page 12
Authorization to Hire Intern to Assist the City Planner
Councilman Norberg stated his concern that the Comprehensive Plan for Columbia
Heights would be done by an intern who does not live in the City. Because of this
he will vote against the authorization. Mayor Nawrocki reminded Councilman
Norberg that the Planning and Zoning Commission and the Council approve the final
draft. Councilman Norberg stated that because of deadlines, areas of the Plan could
be passed over without detailed revie~.
Councilman Norberg also questioned the supervision the employee would have and
where his work station would be. A1 Carlson answered that the intern would
probably have to work between two areas, one being City Hall, the other the
Engineering Department.
Motion by Logacz, seconded by Heintz, to authorize the City Manager to recruit
and hire an intern to assist the City Planner in preparing the Comprehensive Plan.
Roll Call: Logacz, Heintz, Nawrocki - Aye
Norberg, Hentges - Nay
Extension of Para-Transit Contract
Motion by Heintz, seconded by Hentges, that the Council authorize the City Manager
to continue the Pa-a-Transit Service Demonstration Program with the State of
Minnesota and to continue the contract for the Para-Transit Service Demonstration
Program with Town Taxi, and all conditions and rates to remain in effect. These
contracts will then remain in effect until February 29, 1980.
Roll Call: All Ayes
Other New Business
Councilman Norberg asked the City Manager how regularly he reviewed the expense
accounts and their backup information. The City Manager answered that they are
approved as reimbursements or paid based on prior approval from the Council.
Counci]man Norberq asked the City Manager to make a review of some of th~¢~ at
regular times and review the approval procedures.
CITY MANAGER'S REPORT
The City Manager briefly reviewed the items included in his written report to the
Council.
CITY ATTORNEY'S REPORT
Councilman Heintz asked the City Attorney whether a resident can elevate his property
with leaves. The City Attorney answered that he can up to aO0 cubic feet unless it
causes flooding to adjacent property and other types of damage which could be looked
at on an individual basis.
November 13, 1979
Page 13
LICENSES
Motion by Heintz, seconded by Logacz, that licenses as listed be granted upon
payment of proper fees.
Roll Call: All Ayes
PAYMENT OF BILLS
Motion by Heintz, seconded by Logacz, that bills as listed be paid out of their
proper funds and that #33421 be approved as a propriatory item.
Councilman Norberg questioned #33421 because it was for more than $500 and no
bids were taken. The City Manager stated that this is the second half of an item
which was approved by the Council in the spring.
Roll Call: All Ayes
SANITARY SEWER
This bid is for the work to be done on the sanitary sewer extension on 38th Ave.
at the request of the Commers Soft Water Company.
Motion by Hentges, seconded by Logacz, to authorize the Mayor and City Manager to
enter into a contract with Olson Plumbing in the amount of $5,844.50 based on
low competitive informal quotation.
Roll Call: All Ayes
ADJOURNMENT
Motion by Heintz, seconded by Hentges, to adjourn at 12:35 a.m.
Roll Call: All Ayes
Bru~i,~'~---'- - 'Mayor
Council Secretary