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HomeMy WebLinkAbout1983-03-15 CC MIN• (422 COUNCIL GNAWERS Stillwater, Mn. 55082 March 15, 1983 4:00 P. M. REGULAR MEETING The meeting was called to order by Mayor Peterson. Present: Councilwoman Bodlovick, Councilmen Kimble and MacDonald and Mayor Peterson Absent: Councilwoman Avise Also Present: Finance Director/Coordinator, Kriesel City Clerk, Schnell City Attorney, Magnuson Superintendent of Public Works, Shelton Public Safety Director, Abrahamson Fire Chief, Chial Parks & Recreation Director, Blekum Building Official, Pepper Consulting Engineer, Meister Press: Stillwater Gazette, Regan Citizens: Mr. & Mrs. Larry Rebling INDIVIDUALS & DELEGATIONS None at this time COUNCIL REQUEST ITEMS None STAFF REPORTS PUBLIC WORKS 1. MR. SHELTON reported that they are again having problems with the time lock at the City Garage which was purchased in 1959. Simplex has quoted a price of $665.00 for a new one and they will allow a $250.00 trade-in of the old one and the net price would be $415.00. There is nothing in the budget for this item. He was directed to check bcally for additional quotes on this item. 2. MR. SHELTON informed the Council that Mrs. Wally Carlson at Oak and Grove had a sewer problem and has requested reimbursement in the amount of $50.00 for having Pinky clean same out. He did not feel that the City was responsible since the blockage was about 35 feet from the house which should have been on her property and in her line even though the rod was run for a greater distance to be assured that there was not a problem beyond that point. The Council concurred that this was not the City's responsibility and that the request should be denied. 3. MR. SHELTON requested permission to have Washington County put liquid chloride on the problem gravel streets within the City - the County will do this work if they are given the footage and the cost will be about $600.00. On motion of Councilman Kimble, seconded by Councilwoman Bodlovick, the Council authorized Mr. Shelton to contract with Washington County to put liquid chloride on the gravel streets and that we proceed with that work. (all in favor) 4. On motion of Councilwoman Bodlovick, seconded by Councilman MacDonald, the Council authorized Mr. Shelton to advertise for bids for a truck with plow for the Public Works Department with bids returnable on April 15, 1983. (all in favor) 5. MR. SHELTON explained to the Council the controversy on the sewer vector truck which was sent over to Novak Construction Company to be used in a promotional film and on which they coated the inside of the tank of this equipment without authorization from him or his staff to do this work which amounted to $1,750.00. This matter was discussed at length regarding payment of this bill and it was concluded that this matter be tabled until it is discussed with the City Attorney. 6. MR. SHELTON informed the Council about the confusion regarding the purchase of the Steam Pressure washer and parts washer for the garage - it was in the budget and was approved but there was not Council approval and this equipment was purchased without the proper authorization and the proper purchase order has 'leen issued since that time for this equipment. BUILDING OFFICIAL'S REPORT No Report March 15, 1983 FIRE CHIEF 1. On motion of Councilman MacDonald, seconded by Councilwoman Bodlovick, the Council approved the issuing of the uniform allowance checks to the Volunteer Firemen in the amount of $30.00 per man. Ayes --Councilwoman Bodlovick, Councilman MacDonald and Mayor Peterson Nays --None Abstained - Councilman Kimble (motion carried) 2. On motion of Councilman MacDonald, seconded by Councilwoman Bodlovick, the Council accepted the written quotation from Smith -Martin Service & Supply, St. Paul for one used 1981 Chev Van at a quoted price of $6,400. (all in favor) PARKS & RECREATION 1. 0n motion of Councilman MacDonald, seconded by Councilman Kimble, the Council granted a Beer Permit (to consume) to St. Michael's Church for their parish picnic at Pioneer Park, for Sunday, May 22, 1983 from Noon to 6:30 P.M. (all in favor) 2. On motion of Councilman Kimble, seconded by Councilman MacDonald, the Council authorized Mr. Blekum to purchase the resurfacer blades for the Zamboni at the quoted pride of $550.00 from Printer Service, Minneapolis. (all in favor) 3. MR. BLEKUM submitted a written report to the Council detailing the replacement parts for the rebuilding of the Zamboni and he will have quotes available at the next regular meeting - the cost of the new Zamboni would be $35,270 plus the freight and they will not take the old one on a trade-in and we would have to dispose of that on our own. 4. MR. BLEKUM informed the Council that the Tree Can Scarol participants are about finished and he would like to have them draw plans for the Mini -Park by the Ni-Rise and they will only be here until April 15th - there is $13,000 in the budget for this project. He also requested some help from the engineers as to fill, etc. There would be no csot for the plans since this is part of their training program. On motion of Councilwoman Bodlovick, seconded by Councilman MacDonald, the Council authorized Mr. Blekum to use the engineering staff on the Mini -Park Project. (all in favor) 5. MR. BLEKUM inquired about the Grant for the renovation of Lowell Park and MR. KRIESEL explained the status of this request and the many problems that are involved with it. The amount of funding will depend upon whether we get Federal or State monies and there would be no reimbursement for what we do before the grants are approved and that by the latter part of April we should have a decision on this matter. MR. BLEKUM'would like to proceed with the renovation of the building at the foot of Myrtle Street as it is deteriorating very rapidly and requested permission to prepare some plans and specifications and make them contingent upon the approval of the grant. (Mr. Blekum was directed to go ahead with some plans for this project) 6. MR. BLEKUM informed the Council that Jake Schmoeckel who has been off work due to heart surgery was to see his doctor today which will determine whether he will be able to return to work or will have to retire - he will know tomorrow. INDIVIDUALS & DELEGATIONS LARRY REBLING, 320 W. Myrtle Street, appeared before the Council regarding the condition of the property adjacent to the City Garage with wrecked trucks and other debris and they have made substantial improvements to their home and he felt that the City Chould do something about this problem. MR. MAGNUSON stated that there should be pictures taken and a detailed report of what is actually there - issue a ticket and if that doesn't help then the City can get a court order and the judge can give him a fine or put him in jail, but that does not get the mess cleaned up. (This would be under the Nuisance Ordinance) MR. ABRAHAMSON stated that on Friday they would take some colored pictures and possibly issue him awarning ticket tomorrow and then he will draft a report for the City Attorney. He was sure that there are some other problems here other than the messy yard that the Building Inspector is going to have to look at which include sewer problems and if something is done it should be done right. PUBLIC SAFETY 1. 0n motion of Councilwoman Bodlovick, seconded by Councilman MacDonald, the Council approved the following budget approved purchases for the Police Department: 4 New protective screens for the squad cars 4 Seals for marking the vehicles Lights - shotguns Radio Changeovers on the squads Total is $2,800.00 (all in favor) March 15, 1983 2. MR. ABRAHAMSON had distributed to the Council copies of the Police Department Manual and requested approval of same. The Council elected to hold off action on this matter until they have had a change to review same more completely. 3. MR. ABRAHAMSON asked the Council for a policy for schooling for the officers and detailed the various requests that have been received. He informed the Council that Officer Schreffler is attending the Arson School. He has had problems with the selections and he has a request from Officer Miller who would like to attend the homicide school which covers first responder type school which also goes into assaults and deadly weapons and he will be paying his own costs - this is the starter of many requests. MR. MAGNUSON stated that policemen here get tied into ways of performing their duties and it gets to be pretty much of a mundane - a few years ago he prepared a search warrant and the sergeant that executed it has done reports for then or twelve years never executed a search warrant - he felt that if they are going to grow professionally and have a high morale they are going to have to expand in their field and the only way that they can do that is by attending these schools. COUNCILMAN KIMBLE stated that there is a requirement by the State that the officers receive at least sixteen hours on an average per year of POST approved training to a total of 46 required for relicensing - he felt that any training request by an officer that are deemed by the Police Chief to be beneficial to the City that it should be up to the Police Chief to decide what is beneficial to the department and to be able to approve those requests without coming to the Council. COUNCILWOMAN BODLOVICK felt that the Council should approve it, but she felt that they all should have an opportunity to attend these schools - decide what the City will pay for and what they feel is necessary. The Chief can recommend and chose and the Council make the final decision. COUNCILMAN MAC DONALD felt that Wally should have the say and he did not feel that the Council would have to act on everyone - this is an item that they have put into their contract and until that is finalized every request should come before the Council until that is negotiated that the City will provide all of their training. MR. ABRAHAMSON stated that the problem that they are having is that the schooling in the metro area now is booked solid (the good schools) and it is necessary to send the officers outstate for some of this schooling which requires more time. On motion of Councilman Kimble, seconded by Councilman MacDonald, the Council authorized the attendance of Leo Miller to some special schooling the last week of this month. (all in favor) CONSULTING ENGINEER No report CITY CLERK'S REPORT None CITY ATTORNEY'S REPORT 1. MR. MAGNUSON reported on the iGaravalia House - the day after the Council directed that he proceed against him, he was contact._d by Rivertown Restoration in which they asked for additional time to put something together on it. Oliver Oddan asked if they could have sometime on this lnd then had a call just yesterday from an employee who works for Johnson House Stovers is trying to buy it from Oddan, and he has also heard that he is trying to fix it up himself. He asked the Council if they wished for him to proceed with the lawsuit on this or if they wanted to give him a little more time to see if they can make a deal to sell it or someone would come in and fix it up. MR. ZEPPER indicated that he heard late this afternoon that the porch has been taken off and a new hexagon window has been put in and somebody is working on it. He has no permits, but someone is working on the building. The Council directed Mr. Magnuson to give him until April 1st to proceed with this case. 2. MR. MAGNUSON stated that had a call from the engineer from Stillwater Township inquiring about the Neal Avenue right-of-way and the sharing of the cost of a bridge over Neal Avenue. In the Annexation Order the whole right-of-way of Neal Avenue is in the City of Stillwater and the reason that it was worded that way in the Order is because the right-of-way curves around and is not true in some cases and encroaches on the other section - it looks this would be a City/County responsibility and the Township would not be involved in it. MR. KRIESEL suggested that the City meet with the Township so that they know what will be going on with Neal Avenue and the hsaring in some of the costs. March 15, 1983 CITY COORDINATOR'S REPORT 1. On motion of Councilman Kimble, seconded by Councilwoman authorized the attendance of Allen Zepper at a conference in Du March 21-22, 1983 as recommendedll in ick, the Council by Mr. Kriegel, loth for Planners, 2. On motion of Councilwoman(all in favor) granted Mr. Kriesel Bodlovick, seconded by Councilman on tOMPMrABLE WORK permission to attend a ITMA WorkshopMacDonald, the Council Q at the Sheraton Inn in S on Tuesday, March 2 3. On motion of Co t• Paul. (all in favor) cil authorized Mr. Councilman Kimble, seconded by Council with bidszreturnable Kriesel to advertise for bids for them ghtingafd, rnable on April 4, 1983.lighting for O'Brien Field 4. MR. KRIESEL informed(all in favor) Garage - there is one the Council of the quotes for the fencingart see how some of one quote of $7,300 and he recommended to and the City budgeted these other bids come in because this is the Co 8 ted for and was not included inan item that washnot they the bonding. COUNCIL RE 1. On motion of Councilwoman Bodlovick, seconded by Councilman directed Mr. Kriesel to send letters of commendation and Sgt. Robert McPherson of 8 County Sheriff's Kimble, the fCornthe outstanding service to the Cityye Washington ro c rying 'u Department E. Riteehon Iverson murder case. of n Stillwateryin car Rartment for their (all in favor) carrying out their duties on the ADJOURNMENT On motion of Councilman Kimble, seconded by Councilman MacDonald, the meeting recessed at 5:50 P. M. until 7:30 P. M. Attest: City/Clerk Mayor COUNCIL CHAMBERS Stillwater, Minneso=a RECESSED MEETING March 15, 1983 7:30 P. M. The meeting was reconvened by Mayor Peterson The Invocation was given by the City Clerk. Present: Councilwoman Bodlovick, Councilmen Kimble and MacDonald and Mayor Peterson Absent: Councilwoman Avise Also Present: Finance Director/Coordinator, Kriesel City Clerk, Schnell City Attorney, Magnuson Director of Public Safety, Abrahamson Superintendent of Public Works, Shelton Fire Chief, Chial Blekum Director of Parks & Recreation, Building Official, Zepper Planning Commission Chairman, Farrell Consulting Engineer, Moore Press: Stillwater Gaze, Regan Free Press, Engtte Citizens: Tim and Signe Cowen, James O'Brien, Mike McCarthy, Rev. Chadwick, George Wohlers, Tom Thoreson and other ball players,NelsonphJon Junker, Jerry Smith, Brian Crombie, Bob Hoke, Sprain, Jack Rider, Connie Shiely, Monty Brine, Barney Brown APPROVALS S On motion of Councilwoman Bodlovick, seconded by Councilman Kimble, minutes of the following meeting were approved: (all in favor) March 1, 1983 Regular Meeting 7:30 P. M. PUBLIC HEARINGS 1. This was the day and time for the public hearing on Case No. 476 for oaaPUD for Williams/O'Brien Associates, Inc. (Interlachen Co.) for concept app Notice of the hearing was published in the Stillwater ro ieningreaz2tted tothe pofficial roperty owners within300fetpthe City en February 18, 1983 and P The Mayor opened the hearing. JAMES O'BRIEN explained the development that isso roposed locate ton35yacres ofw lland abutting on County Road No. 12 on which they p p Town- house units with an approved access from Bayberry to County Road No. 12; two ocu-de-acs offlfroms 1,200ft o2,000ssquarenfeethand help icelranges lwilld dbeo$70,000t dtoiconsist be $75,000 and from $120,000 to $125,000 and there will be several different styles to choose from. They were seeking concept approval this evening so that they could proceed to the next step for the final plat approval. They plan to leave as much as the natural character of the site as they can - es o t leaving much of the hills undisturbed - there will be and to the south of the development and they have been workingwiththeCityndsCounty Engineers. MAYOR PETERSON asked why the two sections of streets were not connected as a thru street and the response was that the turian is very hilly and also the neighbors preferred this type of street arrangement rather than thru streets. SIGNE COWEN, 202 Crestwood Terrace, outlined the history of this site since 1976 up to the present time and the fact that the developer has met with them on numerous desir- ableswith the buffers onestand cul-de-saceapproach. They havelfoundng s them the mtoosis being bevery t d - compromise - eathrd ssingd le familyyhomestthere andhnothtownhouseso g they looked at each other's options so Townhouses with some stipulations would be acceptable to them. The desnity has been reduced uceddfrom 128 28 h108 tow8 nhouses andehouses and 20 single family houses) to 95 townhouses. Theyes guaranteed so that they will never be built on - the price ofnthehtownhousesuasass red them that they would look nice and would be of good quality arebeautbe iful to hoes. seyeappreciated all of the open spaces that they have left which March 15, 1983 427' • BOB HOKE, reisiding in Deerpath, was concerned that the view from the east was not considered in this development and they will be looking up that hill - he was concerned about the zoning for the area since it is completely surrounded by Single Family Zoning and homes. He questioned if these Townhouses would be better than single family dwellings, and he asked for a buffer zone to the east. The six unit townhouse at the one location abuts on lots in Deerpath. JAMES O'BRIEN stated that they did take a look at putting single homes in there - the density would be relatively to the same number (somewhere between 87 and 92) - in order to put in single family homes they would have had to wreck the site to do it - this is the reasgQpp for the PUD Concept for Townhouses - according to the City's standards accord-TYF density would support 131 houses and that is impossible, but it is possible to get 87 to 92 houses on this site. (He displayed a site plan showing that proposal to Mr. Hoke and the audience). JACK RIDER, 159 Marknoll, stated that Derrick Land people were at the Council meet- ing last winter when the 128 townhouse units were proposed and which was turned down by the Council and since that time these developers have worked very patiently with the neighborhood that were interested and concerned and this is the compromise. JOAN SPRAIN, 109 Maryknoll, supported the idea along with the other neighboring homeowners and her concern was that after all of the townhousesare sold the buffer zone becomes the jurisdiction of the homeowners association - that means that there is absolutely no guarantee what happens to that buffer zone - they could decide to sell the property and develop it. They were looking for some kind of guarantee that that land would remain as it is and not be built upon. MR. O'BRIEN stated that would be a part of the PUD and the only way that could change is chat the homeowner's association at some point in the future came back before this body and asked for permission to build on that site and it is up to the Council - it is their hope that this will not happen. TOM FARRELL stated that the Planning Commission heard in detail and a lot more length of that which was presented this evening - the Planning Commission's feeling was that this is a compromise - it does approach the single family density and does handle the traffic problem better than single family density and on that basis they approved this plan. MR. MAGNUSON stated that there are two ways in which the open space can be done - one requires that a covenant be filed that runs with and binds the land and that covenant would be enforceable by the public including the City which binds the land for up to forty years - it would take at least 75% of the owners of the units in there to approve any sort of capital improvement project or any sort of changes status -quo - the neighbors in that route would run true to form and he was sure that they would not want any new neighbors - he did not feel that would be a real big problem. MAYOR PETERSON was concerned with the streets - are they going to be dedicated streets or are they going to be private streets - are they adequate for fire pro- tection and meet all the codes? MR. O'BRIEN stated that they have met with the engineering firm and the streets will be designed in accordance with the City's regulations - all of the cul-de-sac streets will be dedicated and he indicated the portions that would be private drives. They are proposing that the City put the streets in and that they be assessed for them. The reason for Concept Approval is to get a preliminary indication that this kind of direction is acceptable to the City and it makes no attempt to work out all of the details as that is what the Final Plat is for - it is very difficult for the developer to make the investment for the final plat without some kind of assurance - this is a two stage thing - it goes from the Concept Approval to the final plat approval. This has to come before the Planning Commission again and the City Council again once the final plat has been arrived at and before it is filed. TIM COWEN, 202 CRESTWOOD RERRACE, stated that with the cul-de-sac approach that is in effect the compromise that hasbeen arrived at and if tonite the Council grants preliminary approval to it, and if it should go to thru streets he felt that there would be a lot of opposition to altering the plan - the only plan that has ever been approved by this body with straight thru streets consisted of 46 homes and it is their feelinL that if they cannot have the 46 homes and that kind of density that is consistent with the density around it, then the 95 townhouses with cul-de-sacs is the compromise -he would hope that the developers have met with the Police and Fire Departments about these kind of things. DAVE NELSON, 31 Maryknoll, stated that two plans of streets were presented to the neighborhood - one with thru steets and one with the cul-de-sacs and that the thru streets are preferable to some of them - that was not solid agreement with the developer. • March 15, 1983 • DICK MOORE stated that there are three very long cul-de-sacs in the area that are going to be more difficult for emergency vehicles to get into the lower part of this concept and it also involves increased snow plowing time. The grade between the two cul-de-sacs with the elevation that they have on the preliminary is about eight percent and the City Code does require six percent although there are streets that are steeper than that in Stillwater. He reminded the Council of the Sewer Plan amendment and this development was not considered in that as a separate development so this would come out of the in -filling portion of the 400 dwelling units that has been set aside for in -fill - so they would be using 95 of those 400 dwelling units if this project is constructed before 1990. MR. ABRAHAMSON stated what bothered him aas on the southeast corner would be a real hazard as far as public safety goes since they are currently running into problems of these private streets that they are not getting plowed. MR. MOORE asked about the traffic circulation and he was not cunvinced that the cul-de-sacs are going to keep traffic from going back into the residential areas - he asked that their traffic department look at this and give him a little bit of advice what they feel the traffic patterns would be if the two streets were connected or if the two cul-de-sacs were not connected. He felt that would help the neighbors satisfaction. MR. ZEPPER stated that for an emergency vehicle to get into the area now they have to come up County 12 down Maryknoll which is hilly and winding back down in on Interlachen and back up onto the cul-de-sacs and he could see two or three minutes on response time rather than have that short grade in the middle. This is about 40 minutes extra snowplowing and there are five of them which results in three hours of extra plowing time. MR. RIDER stated tit this plan does a lot to preserve the character of the site and they feel that the people on Crestwood Terrace would have problems with traffic if there were thru streets in this development. MR. MC CARTHY representing Interlachen Co., stated that the process for a PUD includes 12 steps and this is the first one and they have been at it for a year now and they feel that they have made some progress. If they were to go ahead and develop 87 residential houses on there, it would not have to go through any of the twelve steps - they are convinced that this plan of townhouses is the best use of that site not only for the developers but for the neghbors yet they cannot sink a lot of time and money into the second, third and fourth and fifth and tenth and eleventh steps until they know that they have made the first step. The neighbors and the Council will have several other opportunities to veto the whole plan if it does not continue to liveup to Stillwater's plan and he urged the approval of this first step. MAYOR PETERSON asked what the City's liability was if they give Concept approval and after they have made some further investment the Council turns down their PUD and MR. MAGNUSON stated that the ordinance provides that the Concept approval shall not in any way bind the City to subsequent final approval of the development plans - he felt that if the Council gives Concept Approval that they are really giving pretty much of a "cart-blanc" approval to the whole thing - he felt that it is the most important step and anything after this approval is just kind of putting the "frosting" on it. The developer will not agreeto substantial changes and he would have good reason to hold the Council to the Concept. JAMES O'BRIEN stated that the basic reason for deviating substantially from what you see here is primarily because we have worked very hard with the neighborhood to arrive at this point and he felt that they have shown some good faith with the neighborhood and to deviate a great deal from this certainly would not be good faith on their part. They have considered very seriously what will happen on the East - there is between the buildable area of any one of the lots that abut on the pond minimum is 247 feet which is almost a City block from their property line to what could be considered a backyard of the property in the Deerpath development - and there was discussion with Brian Crombie and others on the relationship of these lots to the lots in the Deerpath Dev_L pment. CONNIE SHEILY did not feel that there is a need for these townhouses - she wanted it to be kept as open sapce and wilderness. MR. HOKE felt that the buffer zones did not take into consideration the property to the east and this will destroy the natural beauty of this pond area. TOM FARRELL, 205 Crestwood, spoke as a neighbor and stated that all of the other new areas in this vicinity were flatened out but this plan is that they will leave it the way it is and they will not flatten it out. JACK RIDER stated that they have gone through a lot of effort in preserving the beauty and character of the site - they could have come in with single family homes and did as Orrin Thompson did and flatten it out buttheyh havhave mproposedaaca puaelanb lthat has been worked out with the neighbors for a year, and that if the Council does not approve this Concept Plan it is Possible that you will see the property bullioz +d out and put in a single family subdivision. • • March 15, 1983 429� THE MAYOR CLOSED THE HEARING AT 8:30 P. M. COUNCILWOMAN BODLOVICK asked that the Council get the input from the engineering firm for the traffic pattern and she was reluctant to give Concept Approval without that knowledge and the Council does have 45 days to make a decision. On motion of Councilwoman Bodlovick, seconddd by Councilman Kimble, that the Council not make a decision on this PUD request until the Council does have the decision from the engineer on the traffic pattern for the development, and also get a report from Mr. Shelton, Mr. Zepper and Mr. Abrahamson, and Mr. Chial. AYES --Councilwoman Bodlovick, Councilmen Kimble and MacDonald Nays --None (Mayor Peterson did not indicate a vote on this motion) (Motion carried) (This item is to appear on the agenda for the April 5th meeting) INDIVIDUALS & DELEGATIONS 1. MR. MONTY BRINE appeared before the Council requesting permission for their annual Bicycle Races on Sunday, June 26, 1983 from 1:00 to 4:00 P. M. On motion of Councilwoman Bodlovick, seconded by Councilman MacDonald, the Council granted permission to Brine's for their sixth annual bicycle races on Sunday, June 26, 1983 from one to four P. M. (all in favor) 2. DELLAINA OLSON did not appear for the Wharfage Permit for the Lowell Inn so no action was taken on this item. 3. REV. BILL CHADWICK appeared before the Council regarding the Nuclear Freeze Resolution and requesting the Council to endorse this resolution. (Mayor Peterson at this time read the sample resolution that was presented to them), and indicated that there are a great number of petitions filed asking that the Council support this resolution, and cited a number of reasons why they should support this resolution. MR. SHELTON asked if there was any guarantee in this and REV. CHADWICK stated that a freeze would be easier to exercise than some other means that have been presented in the past. BARNEY BROWN, 303 North Greeley Street, was opposed to the freeze - he felt that this was an inappropriate community to present this freeze to since the Civil War this community has put soldiers into every war that we have been involved in - we have not laid down and played dead - we stood up and faced our enemies - he felt that most of the people that have gotten behind this movement have done so without researching the backgrounds - he felt that a country that has lost 100,000 in two recent wars fighting Communism would take a very close look at this - COUNCILWOMAN AVISE who could not be present at this meeting submitted the following statement which she requested be incorporated in these minutes as follows: "Personally, I support any and all peaceful efforts that will result in a freeze of the development, testing, and depbyment of nuclear weapons. Hopefully, at some time in the future, a reduction of nuclear weapons through the world can be accom- plished. World peace can be attained only when men and nations are willing to lay down their arms. All efforts put forth to increase the thoughts of and desires for world peace will be instrumental in bringing world peace to reality. "Stillwater City Council actions seem far removed from our national defense policy. I believe, however, that the manner in which we, as a body, conduct our business impacts everyone around us, even to a national and global level. As a City Council member, I do not believe that I have the constitutional power to make a decision regarding the mutual nuclear weapons freeze for all of the people of Stillwater. To do so, would be assuming power that I do not have and that would be wrong. Each'and every citizen should have an opportunity to be informed and to cast their own vote on this issue. "Therefore, I believe it is inappropriate for the Council to take action on the issue. In my opinion, it is beyond our scope of power. However, it is not beyond our power, as citizens, to support the efforts that will lead to the freeze and eventual reduction of nuclear weapons through the world". COUNCILMAN KIMBLE did not feel that this comes within the Council's jurisdiction - the Council considers the public safety within their bounds (police, fire) and they are provided for City residents - the Council does not take all the responsibility for the flood victims who live on the river - he did not feel that the defense of the United States comes within the jurisdiction of the City government - this is the responsibility of the State and Federal governments - if he were to take a vote and this resolution be sent to the Federal government, he would prefer to give it months and years of study and he would want to be briefed by the Defense Department experts. He felt that this was the proper place for the discussion - it is an important "grassroots issue" and the felt that it has been aired here and the interest generated in this issue before the Council has brougrt to the public by way of some recent editorials and it might have not been if Rev. Chadwick had not approached the City Council for the request for this resolution. He did not feel that it was within his responsibility in government on the City level for the reasons stated and did not feel that it should be considered by the Council at this time. • • March 15, 1983 T COUNCILMAN MAC DONALD agreed with Jay's and Barb's positions )and he would abstain from voting on this issue this evening. MAYOR PETERSON did not feel that it was in the jurisdiction of this City Council to take any action on this particular request for the resolution. The Communists have shown that they are not to be trusted and the history tells us that - we have seen what happens when we try to join forces with them - the Berlin wall has been the result - individuals seeking to leave the so-called confines of the Communistic world are being shot - are being denied an opportunity to leave if they want - we are dealing with a government and not people and the Communistic forces have shown that they are not to be trusted - he cited many incidents that have happened because of governments and not the wishes of people - he did not feel that we are in a position to trust the Russians - he believes in peace and if this matter comes before the Counciltonite he will vote against it - not because he didn't feel that it was within their jurisdiction, but because he does not favor it since this would be reaching to a government who in forty years have never once indicated any true interest in peaceful settlements of matters. We are dealing with governments to governments and not people to people and the Communistic leaders are not in the mood to come forth and say 'yes, we will mutually freeze on the matter of nuclear arms' - he is not prepared to trust them - they have not been trustworthy in the past. (There was no motion to pass this resolution at this time). MAYOR PETERSON stated that the Council has elected not to act on this resolution. MAYOR PETERSON DECLARED A RECESS FROM 8:55 TO 9:00 P. M. 4. BALLFIELD FEES FOR 1983 COUNCILMN MAC DONALD reported on the action by the Recreation Commission which cut the rate for the ballfield fees in half or $14.00 per time slot for the 1983 season. COUNCILMAN KIMBLE stated that this involved a detailed analysis of costs and that a percent of the costs should be underwitten by the City versus the percent of costs that should be borne by the participants of the program. TOM THORESON stated that the money brought in last year from the Lily Lake and Croixwood ballfields was $5,272 and the light bill at Lily Lake was $3,953 and asked where is the balance? MAYOR PETERSON explained some of these costs which involved the lights and the satellites and he did not feel that we come to the people of Stillwater to pick up all of these costs for the ballfields and the arena when the facilities are used by people who have a particular interest in a sport or activity. He did not feel that they could ask these people to pay for all of these costs for the main- tenance of these facilities and the salaries for the personnel - his proposal was to seek to recover only about one-half of what the operating costs are and ignore the costs of the personnel. This should bring in about $6,000 which includes fees from tournaments. He felt that this was a reasonable reduction on these fees - he felt that the Recreation Commission and the Council has been more than generous with the softball leagues. He cited the various fees and charges that are paid by these teams, and he did not feel that the City is all to blame for all of these increased costs, but he felt that they were justified based on what other cities are charging. JOSEPH JUNKER, JR. cited the fees charged by other communities and their facilities are in his opinion better than Stillwaters. COUNCILMAN KIMBLE cited all of the various things that were figured into the expenses with a total of $11,334 and when that was extended over to figure the increases for 1983 and the total was $15,010.77 and that was where the $28.00 came from - it should be clear those figures do not include the money laid out in capital outlay, the bonding or the new lights. There is also still a debt service on the entire arena complex that is not added into these figures. The City is not recuperating its losses or making a dollar. MR. BLEKUM explained when they were asked to come up with total cost figures as far as the lights go they took the kilowatt charge and the wattage used on those standards that light the ballfields and they also have the separate figures for the tennis courts. TOM THORESON questioned the equipment repair and MR. BLEKUM stated that this is strictly for the replacement of the lights - the bulbs are $35.00 a piece and then there is the time and labor to put them in - cost of wire failures. MR. KRIESEL explained that 20% of the bond issue was related to the ballfield itself and he felt that there could be $8,000 added to the $15,000 which is for the Worker's Comp involved here. He felt that the question is not how much it costs or how much more revenues are we taking in over and above our costs as it falls way short - you would find the same pro -rated share as you find for the ice arena - 25% of the cost for the ice arena, 25% for the ballfields are being paid for by the City - he felt there is a good relationsiip between the ballfields and the arena. All of the ball - field costs are separated out from all other facilities - the revenues fall way short of the cost of operating these fields. • • March 15, 1983 TOM THORESON suggested that the City consider building toilets with runnint g water and a small concession stand instead of thesaCellite14 sts iandhthat we good put a timer on the ligh-s. They would not ming paying ysag toilet facilities. JOSEPH JUNKER, stated that they would not mind paying if you had nice facilities - there is nothing at edly Lake to offer - - they had offeredtto donthisiworkon tfor the City and they weretoiletsor, the werve ter down g urn bdow - nothin to offer for the increase from ten to fourteen dollars - he suggested that all of the teams put their work into making the one small. field into a regulation field - they asked permission to do this work to make another field so that they can hold their tournaments in one location. t of Citfor he he reYOR PETERSON stated creational facilities h- fore the firsthtineoexamine Councilthhavettaken as looktat what the ng s going to therer rand he assured him that wills happen - buildings othat icatnbe developedchange to go into it - an if they do their homework right they can come up with the money to provide the thisladditionalyfield foritournamentiplay - heew would hopwhat cane that e nthee ratesecoulout dtbe cut for next year. d he ad ped to it-Bthere isaaeriseaon the westuside tand the lfunds hwere onot avegrablefarther back with for the whole project and he felt that it could go back another sixty feet and eet and it isufis easible. There was discussion about the charges and the scheduling field ngch are donetthrough Howard outtonnWestnd theMyrtle Street whichect that tshouldchelpathe proposingsstol do eh the property cause as well. The Recreation Commission decided that all of the scheduling would be done through Howard Jiran for this season. Howard Jiran gets all of the refunds on rain -outs each year. There was discussion on the toilet facilities- and the plans that were drawn a few years ago for this project. PETITIONS None UNFINISHED 1. On FImItiomotion of Councilman Kimble, seconded by Councilwoman Bodlovick, the Council revoked the three taxi -cab licenses issued to Valley TAxi for 1983. (all in favor) 1. On motion of Councilwoman Bodlovick, seconded by Councilman MacDonald, a resolution NEW BUSINESS was introduced "DIRECTING PAYMENT niethe ;500 payment to the Rivermen ana paymentof $1,650 to theSeniorCitizn Center. AYES--Councilwoman Bodlovick. Councilmen and MacDonald and Mayor Peterson NAYS --None ) 2. On motion of Councilwoman Bodlovick, seconded ede yoby CouncilmanrKimbele, tthe fire Council authorized the City Coordinator to sendprotections. (all in favor) 3. On motion of Councilman Kimble, seconded by Councilwoman Bodlovick, the Council cancelled the bond for Scott in favor), Inc. since all of the work has been completed. 4. Theico,side ationwfor the for thedStillwater erxCo.t for -water boat show this function. did not require Council ac y 5. On motion of Councilwoman Bodlovick, seconded by Councilman Kimble, the Council granted permission to the AAUW for free parking for their Antique Show in September as requested. (all in favor) 6. On motion of Councilwoman Bodlovick, seconded by Councilman Kimble, the Council set the date of April 5, 1983 at 7:30 P. M. for the public hearing on the application for a Conditional Use Permit for locating a Cable (aTTV l facilitt)on the Gilbert Benson property in Stillwater Township. (Following this meeting the applicant withdrew his request due to the opposition fr®the neighbors, so there will be no hearing at this time). 7. On motion of Councilwoman Bodlovick, seconded by Councilman MacDonald, the per Council increaseratJet Sewer Rodder to overtime hours. (all7 inOfahour ofhe favor) March 15, 1983 8. On motion of Councilman Kimble, seconded by Councilman MacDonald, the date of April 5, 1983 was set for the public hearings far the following Planning Commission cases: Case No. 477 - Nella Larson, 210 East Laurel Street for a Special Use Permit for a bed/breakfast operation Case No. 480 - Colette & Ernest Preimesberger, Abbott & Everett Streets for a ten foot setback (sideyard on Abbott Street) and setnack variances for fencing for the property Case No:, 481 - Dennis McKean, 905 West Hickory Street, for a four foot garage variance (all in favor) INDIVIDUALS & DELEGATIONS (continued) None at this time COUNCIL REQUEST ITEMS 1. On motion of Councilman Kimble, seconded by Councilwoman Bodlovick, the Council confirmed the Mayor's appointment of the following individuals to the St. Croix Port Authority: James Gillespie Chris Madsen Jack Hooley Babe Orff James S. O'Brien John Easton (all in favor) STAFF REPORTS (continued) None APPLICATIONS --On motion of Councilwoman Bodlovick, seconded by Councilman MacDonald, the following Contractor's Licenses were approved: (all in favor) Gopher Excavating 5898 omalnAve. N., Stillwater Excavators Renewal Jack Hogberg 211 North 7th St., Bayport 55003 Painting New Schomaker Construction Co. 1400 Clement St., Mendota Heights 55118 General New --On motion of Councilwoman Bodlovick, seconded by Councilman MacDonald, the following Casino Permit was granted: (all in favor) Millroad Inn Fast Pitch Softball at the American Legion Club, April 8, 1983 7:00 P. M. to 12:30 A. M. COMMUNICATIONS From the St. Croix Rivermen requesting their allocation payment (Action taken at the 4:00 P. M. meeting to add to the Bills Resolutions) Frcm Sue Halverson regarding the Nuclear Arms Freeze ( No action) QUESTIONS/COMMENTS FROM THE NEWS MEDIA None ORDINANCES None RESOLUTIONS The following resolution was read and on roll call was unanimously adopted: 1. Directing the Payment of the Bills. ADJOURNMENT On motion of Councilwoman Bodlovick, seconded by Councilman MacDonald, the meeting adjourned at 10:00 P. M AI. Mayor Attest: ,qe- Zd__ ..E'er./.c.�..+J> City Clerk