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HomeMy WebLinkAbout1983-06-07 CC MINCOUNCIL CHAMBER Stillwater, Minnesota June 7, 1983 7:30 P. M. REGULAR MEETING The meeting was called to order by President Peterson. The Invocation was given by the City Clerk. Present: CouncilwomendMayorPeterson e and Councilmen Kimble and MacDonald Absent: None Also Present: Finance Director/Coordinator, Kriesel City Clerk, Schnell City Attorney, Magnuson Superintendent of Public Works, Shelton Public Safety Director, Abrahamson Director of Parks & Recreation, Blekum Zoning Administrator, Zepper Consulting Engineer, Meister and Van Wormer Planning Commission Chairman, Farrell Press: Citizens: None Glenn Taylor, Gary Harty, William Olson, Jr., Scott Koester, Phillip Jackson, Sue Jackson, Tom Cropp, Ervin Westphal, Mr. & Mrs. Linguist (David), Donald Raleigh, Mr. & Mrs. William Lecuyer, Allen Reichow, Bruce Folz, James Lammers, Keith Hoffbeck, Lyle Eckberg, Ray Wentzel, Joseph Samuelson, Jean Langer, Ray Kirchner, Phil Simonet, Michael Runk,Jim Gannon, Ron Schoenborn, Nadine Schoenborn, Mr. & Mrs. Leonard McGuire, Mr. & Mrs. Almon Bebermeyer, Teresa McGee, Mary Runk, Marie Johnson, Mr. & Mrs. Peter Letizio, Margaret Webster, Bernice Jagg, Mr. & Mrs. Earl Dornfeld, Mrs. Dale Fuer- stenberg, Gary Moelter, Gary Swager, Bill Bauman, Gary Gerds, Blanche Halvorson, David Glass APPROVAL OF MINUTES On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the Council approved the minutes of the following meetings: (all in favor) May 17. 1983 Regular Meeting 4:00 P. M. May 17, 1983 Recessed Meeting 7:30 P. M. UNFINISHED BUSINESS (Out of order) 1. On motion of Councilwoman Avise, seconded by Councilman Kimble, the Council continued the hearing on the Oak Park Heights Drainage Project to July 5, 1983 at 7:30 P. M. until additional information can be secured on this improvement. (all in favor) od s and dwood es 2 Second Additionp ehencited ted hthe recommendations e finalat for eof1the oCity'seEngineer lnand that the County has stipulated that there be no access to C.S.A.H. 12 and that they have accomplished this with the recommendations of the Planning Commission. They have been unable to do the soil testing on Lot 6 to determine if it is ca suitabllot, but ondition. There willebee atten ed tpercent cashhat the cdonationil vfore hparke adedication.t subject that On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the Counilwi hctheapeasvementserecordedfinal lat of on theWplatood andpines and with the tendwood percentnes Second parkdedication. (all in favor) On motion of Councilwoman Avise, seconded by Councilman Kimble, a motion was made "ACCEPTING SUBJTHE ECTATOBTHETY STUDY SIGNING OF THE WAIVERTHE FORITHEOHEARING,NT Local ORDERINTHE Improve- ment No. NS5), FINAL PLANS AND SPECIFICATIONS". (This is the revised feasibility study). On motion of Councilwoman Bodlovick, seconded by Councilman MacDonald, the above motion was changed to a resolution. (all in favor) Ayes --Councilwomen Avise and Bodlovick, Counny lmeen ntKimbre and MacDonald and Nays --None (see resolutions) COUNCIL CHAMBER 7:30 P. M. Stillwater, Minnesota June 7, 1983 REGULAR MEETING The meeting was called to order by President Peterson. The Invocation was given by the City Clerk. Present: Councilwomen Avise etandonBodlovick, Councilmen Kimble and MacDonald and Mayor Absent: None Also Present: Finance Director/Coordinator, Kriesel City Clerk, Schnell City Attorney, Magnuson Shelton Superintendent of Public Works, Public safety Director, Abrahamsono Director of Parks & Recreation, ekum Zoning Administrator, Zepper Consulting Engineer, Meister and Van Wormer Planning Commission Chairman, Farrell Press: None Citizens: Glenn Taylor, Gary Harty, William Olson, Jr., Scott Koester, Phillip Jackson, Sue Jackson, Tom Cropp, Ervin Westphal, Mr.-& Mrs. Linguist (David), Donald Raleigh, Mr. & Mrs. William Lecuyer, Allen Reichow, Bruce Folz, James Lammers, Keith Hoffbeck, Lyle Eckberg, Ray Wentzel, Joseph Samuelson, Jean Langer, Ray Kirchner, Phil Simonet, Michael Runk,Jim Gannon, Ron Schoenborn, Nadine Schoenborn, Mr. & Mrs. Leonard McGuire, Mr. & Mrs. Almon Bebermeyer, Teresa McGee, Mary Runk, Marie Johnson. Mr. & Mrs. Peter Letizio, Margaret Webster, Bernice Jagg, Mr. & Mrs. EarliDollrnfBauman Mrs, DaledFale uer- r-anche stenberg, Gary Moelter, Gary Swager, Halvorson, David Glass APPROVAL OF MINUTES 0n motion of Councilwoman Bodlovick, seconded by CouncilwomanlAvise,in favor) the Council approved the minutes of the following meetings: (alRegular Meeting 4:00 P. M. Recessed Meeting 7:30 P. M. May 17, 1983 May 17, 1983 UNFINISHED BUSINESS (Out of order) 1. On motion of Councilwoman Avise, seconded by Councilman Kimble, the Council continued the hearing on the Oak Park Heights Drainage Project to July 5, 1983 at 7:30 P. M. until additional information can be secured on this improvement. (all in favor) s and dwood es 2 SecondUAdditionp ehencited hfinale therecommendations ofat for the itheCity'sldwood eEngineer lnand that the County has stipulated that there be no access to C.S.A.H. 12 and that they have accomplished this with the recommendations of the Planning Commission. They have been unable to do the soil testing on Lot 6 to determine if it is a suitable lot, but requested that the Council approve the plat subject to that condition. There will be a ten percent cash donation for park dedication. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the Council approved the final plat of Wildwood Pines and Wildwood Pines Second Addition with the easements in favor) esrded on the plat and with the ten percent park dedication. ll On motion of Councilwoman Avise, seconded by Councilman Kimble, a motion was made "ACCEPTING THE FEASIBILITY STUDY AND ORDERING THE IMPROVEMENT (Local Improve- ment No. 205), SUBJECT TO THE SIGNING OF THE WAIVER FOR THE HEARING, ORDERING THE FINAL PLANS AND SPECIFICATIONS". (This is the revised feasibility study). 0n motion of Councilwoman Bodlovick, secondedlbynCouncilman MacDonald, the above motion was changed to a resolution. ) Ayes --Councilwomen Avise and Bodlovick, CounncilmentKimble and MacDonald and orNays--None (see resolutions) June 7, 1983 PUBLIC BEARINGS 1. This was the day and time for the continuation of the public hearing on Case No. 491 for a front footage variance for Glenn Taylor on Birchwood Drive North. This case was referred back to the Planning Commission and it was heard by them on May 23, 1983. The Mayor opened the hearing. GLENN TAYLOR explained that he will have a forty foot setback and a total square footage of 10,021 feet and he will deed land to his neighbor for the existing hedge and also an easement for the maintenance of this hedge. MR. FARRELL stated that the Planning Commission felt that the request was consistent with the neighborhood on the setback and they approved it. The Mayor closed thehearing. On motion of Councilwoman Avise, seconded by Councilman MacDonald, the Council granted the front foot variance to Glenn Taylor for his lot on Birchwood Drive North, (Lot 11, Block 2 Radles Sunnyslope Addition). (all in favor) 2. This was the day and time for the public hearing on Caae No. 495 for a lot size variance for Gary Harty for a lot on West Wilkins Street. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on May 26, 1983 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. MR. GARY HARTY appeared and explained that he has a lot that is 7,500 square feet in area and he would like to build a duplex on it in a two famil7 zone which requires 10,000 square feet, which is a variance of 2,500 square feet. The Planning Commission denied the request as they did not feel that it conformed to the neighborhood. JAMES LAMMRRS representing Keith Hoffbeck stated that they are opposed to the granting of the variance if it would be !detrimental to the property at 1110 North William which is adjacent to this lot. Mr. Lammers cited the reasons for denial and that this would be too large of a building on too small a piece of property and he recommended that the Council follow the recommendation of the Planning Commission and deny the request. The Mayor closed the hearing. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the Council followed the recommendation of the Planning Commission and denied the request for a 2,500 foot lot size variance on Case No. 495 for Gary Harty. (all in favor) 3. This -was the day and time for the public hearing on Case No. 498 for William Olson, Jr. (Stillwater Metal) for a variance to construct a loading dock encroaching on the street right-of-way. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on May 26, 1983 and copies were mailed to all property owners within 300 feet. The Mayoropened the hearing. MR. OLSON explained that this would be at the west end of the Stillwater Manufacturing Building and this would be to the second floor of their main building - and he showed and explained a photo of where the dock will be built. MR. MAGNUSON stated that the Council should be aware of the fact that this sort of a thing presents legal problems - the City cannot vacate a street for purely private purpose and the City cannot lease a street - the City owns the streets in trust for all of the people - there is a legal impediment to it and if the Council wants to lease a street to accommodate mmeone it could be a lease that could be revoked and no vested rights would accrue and relieve the City of all liability and name the City as an additional insurer under the liability insurance policy so that the City would be covered in the event that something should happen there. COUNCILMAN KIMBLE asked Chief Abrahamson about the angle design of the dock being less of a chance of damage if it was hit and he agreed to that. Currently when trucks are parked there backed up to the building and they block off the whole of Mulberry Street and with this dock they should only block one lane of traffic and MR. ABRAHAMSON concurred with this. Mc one appeared as being in favor or opposed to thir request. The Mayor closed the hearing. • June 7, 1983 On motion of Councilman Kimble, seconded by Councilwoman Avise, the Council approved the request for a variance for this loading dock subject to the drafting of a revocable license agreement which would be signed by Mr. Olson to provide the insurance and waive a responsibility to the City. (all in favor) 4. This was the day and time for the public hearing on Case No. 497 for Scott Koester for a variance for a fence height at 710 Everett Drive. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on May 26, 1983 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. SCOTT KOESTER stated that they approached their neighbors about two weeks ago on this and since that time there has been resentment so at this time he withdrew the request and just put up what the ordinance allows - a six foot fence. The Mayor declared the case closed. 5. This was the day and time for the public hearing on Case No. 493 for Phillip Jackson for a Special Use Permit for a shelter for visitors for prisoners at the Minnesota State Prison. The notice of the he^ring was published in the Stillwater Evening Gazette, the official newspaper of the City on May 26 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. PHILLIP JACKSON, 1001 South Fourth Street, felt that this was a good idea and that the neighbors would think it would be a good idea also. He does volunteer work for IN the Minnesota State Prison and the Minneapolis Workhouse. He wishes to provide a place for the inmates' families and not have the cost of a hotel or motel during their visit. This would be an outreach for the members of the families and this is the maximum security facility. The inmates themselves will not be at this facility and he felt that this would be very beneficial to the institution. MAYOR PETERSON asked if he would be renting the rest of the home for these people and if he would be charging a fee for their housing - MR. JACKSON responded that it would be on a "love offering" basis - if they really can't afford it, then he would not charge them anything - the lack of funds will not keep them out of the shelter. He goes to other churches and will present his plans and vision to other people and organizations asking for financial support. There are people who are making monthly contributions and commitments for this work. MAYOR PETERSON indicated that several years ago he and his wife provided shelter for a lady who came from Northern Minnesota who was unable to find housing and transportation help and he drove her to the penitentiary so that she could visit her husband and she came twice. If there are people who are supportive of what he is trying to do and he was wondering if the better effort might be at locating those people who might take an individual or an individual and a child for a night rather than provide a setting in which a number of people woul gather which would compress the activity. MR. JACKSON stated that one of the purposes of the shelter is that they want to reach the families - it was suggested that they use the Stillwater Motel and that was out because they want to have an access to these people and their children - they want to counsel and minister to them. If they have this unit, one of the stipulations being that they come is that they would be committed to a meeting with them every day - that the shelter would be for threw days at the maximum - he felt that there has to be same supervision. COUNCILWOMAN BODLOVICK asked if he had any contact with any church up to this time that is willing to help him with financial support and the response was not from any churches - they are planning to start next week to go to some of the chr-rches- there are churches that have expressed approval of this and they are interested in it. COUNCILWOMAN BODLOVICK asked if he was aware of the homes to the south of the prison that are not being used and MR. JACKSON stated that they are used by the minimum security. COUNCILWOMAN BODLOVICK asked if he has permission from the owner of the house and MR. JACKSON stated that he talked to Mrs. Bischoff and they are in agreement. COUNCILWOMAN BODLOVICK asked if the Bischoff's are willing to come up with ten or fifteen thousand dollars for the remodeling and MR. JACKSON stated that he had someone come over and look at the souse and he stated that it would not be that much to be invested sn it. - ne said around one thousand dollars. MR. ZEPPER felt that it would take more than that - they would have to do some fire - rating and possibly a secondary exit - put in fireproof sheetrock - according to the State Statutes le has to be licensed as a notel and to be licensed as a hotel all of ... the walls would have to be fire -rated - he would have to have solid core doors, emergency windows and fire escapes. 477\ • • • 478 June 7, 1983 r • MR. weKRIESEL stated City llawareofwhat Mr. JacksonwClerk wants to hdo andad the ed tMrs.o theonlythingcthat she requestedhoff and that she isthat if the Council granted the Special Use Permit that the permit cease if Mr. Jackson abandons the property. MR. MAGNUSON stated that permits and variances are to the land and not to the in- dividual owners - that is the nature of those kind of permits - the City has made some permits revocable and not transferable but he questioned if that is valid. It is done with the hopes that it will work. MAYOR PETERSON asked how many people they would be housing there at one time besides his own family and MR. JACKSON responded there would be three families with two or three in a family - possibly up to nine people. SUE JACKSON asked why this would ha; to be a hotel and MR. MAGNUSON read Minnesota Statute No. 157.01 which applies in ti.is instance (This is the licensing statute). JEAN LANGER, stated that this sounds 'like a good idea and she felt that he should have some backing and support - people should be open minded about this type of thing. She has spoken to her minister about Mr. Jackson and he stated that Mr. Jackson has a good reputation at the prison. COUNCILMAN KIMBLE asked if there are any written proposals outlining his plans or a fact sheet of his s'rvices - MR. JACKSON stated that he does have this but he did not bring it with him this evening. JOSEPH SAMUELSON, 904 South Third Street, felt that the intent is admirable - he felt that they need a more definite agreement that the people are willing to support it and do it right. As community people living here they need an assurance that these people are going to receive guidance - at this stage there are a lot of loose ends that need to be tied down. He did not want them to think that he is speaking against it and he was not really speaking for it - he felt that the Council needed more information. GARY GERDS, 1010 South Fourth Street, presented a petition to the Council with 51 names who are opposed to the operation from South Third, Fourth and Fifth Streets. They are opposed because he is a renter of that property - he has no clearly defined plans for the purchase of the property - this neighborhood is of older houses that have been purchased and fixed up. There is a tavern on the corner - a gas station, a candy store, and some kind of a game room and other things and it is a busy street and what they are trying to do is make a neighborhood of it - this home could be sold tomorrow or next week to somebody and according to Mr. Magnuson that a Special Use Permit rends to stay with the property. They are concerned that someone who is rent- ing property without a vested interest in it is askinb to change it - they do not feel that there is a well documented need for what Mr. Jackson proposes to do which they requested at the time of the Planning Commission meeting and they still have not seen that. Mr. Jackson did not have the courtesey to talk to the neighbors about this personally - there were about 20 people who were also in attendance at this meeting. MRS. DALE FUERSTENBERG, 919 South Fourth Street, stated that she has children that have to go by this house twice a day and she did not feel that it would be as safe as it is now. There are two empty houses on prison property and felt that would be a better location for this type of a facility. GARY MOELTER, 1205 South Fifth Street, stated that it is not his fault that these people are down there - if there are groups that want to consider housing these people let them take care of themselves - don't bring them into his neighborhood. EARL DORNFELD representing his parents who live at 1006 South Third Street and some other neighbors in that immediate area - they do not feel that Mr.Jackson's request is out of line as there is a need for housing these people - the problem is that the building itself is not up to code and it is going to take a lot of work to bring it up to code - there is going to be a lot of noise and congestion and there are a lot of older people in this neighborhood. The hard is very small and there is no play area and there is very limited off-street aprking. They requested that the Council deny the permit. MR. JACKSON stated there will be no trouble with parking - they are talking about people who may not have transportation - this is a double lot and if necessary they will fence it in - they would have to have a meeting with the men on the inside to get permission to come here and there would be no alcohol and there would be no non-prescription durgs and there would be a curfew enforced and they would have to respect the community. MR. FARRELL reported that the Planning Commission did approve it on a six month trial basis - they felt that the complaint of the neighbors is not enough reason to deny it and the only significant factor was that Mr. Jackson does not own the property and they were also advised that these issues are addressed to the property and not the applicant - if Mr. Jcckson moved out within a month, the subsequent renter would only have whatever time was left of the permit - they felt that probably the best was to give him a chance for six months - the decision was not unanimous. They did not determine the criteria at the end of six months, • June 7, 1983 479' BILL BAUMAN, 908 South Fifth Street, felt that the Council should have a few more ideas as to what is going to happen and not jump into it. MRS. FUERSTENBERG stated it is going to take a hotel license as it is in a residential area - how do they enforce the curfew with that many people. GARY MOETLER felt that this would be a commune with that many people in a duplex. SUE JACKSON stated that they are required to come during the daytime hours and they would transport them to the prison and back - she did not feel that they will be overcrowded. MR. JACKSON stated that he had talked to Mel Fredrich about purchasing this property and he felt that more people should be concerned about other people - somebody has to make sacrifices - he is not trying to be underhanded and he is trying to do every- thing upfront - he has been in the neighborhood since last June and only one person has come to his door. BLANCHE HALVORSON, stated that her father is opposed to this and he is afraid of so many things - she did indicated that Mr. Jackson is a good neighbor. CHIEF ABRAHAMSON asked that the Council be rail aware of what is required before anybody can be placed in that building - the cooking facilities and the area falls under the State Health regulations - he felt that Mr. Jackson could be sued if these regulations are not met - he felt that they need a lot more data before the State comes over regarding the health - not enough answers here to really come up with a good recommendation for the City Council coming from the Department Heads. COUNCILWOMAN AVISE stated that if the Council requests more information that it would be fair to keep the public hearing open on the part of the neighborhood when that information is made available - she feels that it is an excellent idea and she would like to see it workable but she felt that Mr. Jackson's protection and the City's protection as well as the guests and the program itself to have it laid out in more detail and to have a more firm guarantee of the financial support if possible before it is approved - if he could work with Allen and Wally and the banker - get some of the plans worked out it would make it easier for the Council to look at it - she felt she would like to see the hearing continued. COUNCILWOMAN AVISE made a motion to continue this hearing until August - (the motion dies for the lack of s second.) MICHAEL RUNK, stated that the neighbors are scared - most of these people do have concerns. He is bounded on all three sides by houses and concerned what this will do the property values - this does not fit the nature of the area. MR. JACKSON asked if this was granted for six months does he do all the work and get everything togeter and they they say :NO" and then who is out the ten thousand dollars - if the Coulcl could give him a permit to pull everything together and at the end of the six months tye are not together, they do not have to give it to him again. COUNCILMAN KIMBLE asked if this was a property application for a renter or lessor to apply for a Special Permit and MR. MAGNUSON stated that the tenant has sufficient interest in this permit. COUNCILMAN KIMBLE asked if this is denied can he reapply at a later time for a similar or the same request and MR. MAGNUSON stated that he cannot within six months but the Council can waive that. COUNCILMAN KIMBLE asked if there are provisions in the law regarding Special Permits on roperty which allow the Council to make them subject to certain conditions and MR. MAGNUSON stated that they can impose any conditions on a permit especially regarding conditions of health, safety and welfare of the neighborhood. He did not feel that the six month idea was a good one as he would go ahead and spend a lot of money. COUNCILMAN KIMBLE asked if the Council were to approve this request and the local neighborhood felt that the existence of this particular unit would devalue the market value of their real estate beyond the civil litigation that might be assumed between those parties and the shelter itself would the City incur any liability in that regard. MR. MAGNUSON did not feel that there would be any exposure - the liability usually rises with the denial of the permit to the property owner rather than the neighbor- dood that is adversely affected by it. COUNCILWOMAN AVISE clarified her motion and she was uncomfortable about the six month permit because of the lack of property ownership - she would like to see the time spent between now and the time of her motion to spend the time on developing the plans without having some assurance that those plans can be carried out success- fully - they need more information about how the program would run - how it would be financed - how he would actually go about doing it -she did not irtend to have that money invested and then have to make a decision as that would not be fair to Mr. Jackson - she would hate to see it denied right now because she did not feel that they have enough information. • • • • June 7, 1983 The Mayor closed the hearing. On motion of Councilwoman Bodlovick, seconded by Councilman Kimble, the Council denied the request on the basis of possibly the most the public safety aspect that the Public Safety Director referred to and waive the six month re- application stipulation in theCCodeilmen Kimble and MacDonald Code. Ayes —Councilwoman Bodlovick, (Mayor Peterson did not indicate a vote) Nays --councilwoman Avise (Motion carried) COUNCILMAN KIMBLE seconded the motion because there are a couple of houses on the prison property lease or agreement with the State Department ro erty that are at this time vacant which he should possibly look into as an alternative explore for rental, the motion waives the six months for Mr. Jr Corrections for this f operation; ( ) Jackson to reapply but if he reapplies again he would like to see a written forma l proposal and these plans should include plans for compliance with fire and health safety codes igificithey outlining what he would have done withwalls, smoke detectors, railings on the stairs,, outside exits and whatever might be required; also the kitchen ing health mightard ehaveeto conents vert it intht be o as he is going to beme serving kitchen) meeting all of the other standards of a"restaurant kitchen -beyond that obtained ng nor curettheg as to what he would like to see .something as toa how hedi is going to resomethe thint tasyfunding to this - either a rettheir members he hmight and takesicare of the bonds are the" a church does where theirtbuilding might ands thatataes saying to 1dingde foro much to hoe He would type of service se - are thereinnow prisoner building the church. He would also like to see something documenting in the lines of needs assessment for this existp who twlsh thesis notorealtwho cannot comfortable because that there of servicee issanot existdpresently "for the program. from thegeartneed based upon his contact with the Department of Corrections in that regard. He would like to see some statements e of nsupport Depart- mentter dof Corrections specifically dike sees Correctional Facility gain value. and Oaks Park Heights and he is would lter to see r rather what he plans on doing fhatdr the Coe on ldig1Veresidence permitsince for at hotel andbequestionednan wherewthat property that the novalul could g' THE MAYOR DECLARED A RECESS FROM 9:10 P. M. to 9:20 P. M. 6. This was the day and time for the public hearing on the proposed assessments for Local (improvements on West Orlean26Street tuwet,of9GrGreeley cStreeStreet) Improvement of. het hearing published on May improvement. were Notice of ropertyriowners sproposed to be benefited from this imP mailed to all p P The Mayor opened the hearing. THE CITY CLERK read the list of property owners that were notified by mail of this public hearing. The notice was published in the Stillwater Gazette on May 26 and June 2, 1983 and mailed notices were sent out on May 24, 1983. KEN MEISTER explained the assessment roll and the basis of the assessments for this improvement.. as shown in the written report. in the0 streetecosts uand hes swas concerned with the drainage idewalk costs and Mr. Meister tfrom the west aree included westcoming down Orleans Street. his ambulances in and out of his property durduring He std concerns about getting the construction period and he refuses to move out - this is seoworkino. resolved at the time of the construction conference ote before from an work commences. God" if MB. aMAGNUSONr did not feel thatg the City could p that a there is a rain storm theduring-night and felt that it might be reasonable for Mr. Cropp to move his equipment out on Greeley Street - there is no way storm can be predicted.get by will have to install ppeaththere reiatdin traffic etu MR. MEISTERdriveway stated that theyiceth u may his then they will but therm traffic at night- there is no there as much as poo ssible there are going to be situationgetpoutibly have to park out on Greeley Street to tomokb sure that hr can the hole and theexisting that main.r way to construct it - there has be a hole there totie-in htole= ath actually during the day main. At night they can require the contractor to cover up area co that he can drive in and at newet physically working (one day for the sewer and one or two days for the watermain ) would not be at the same time. parking for these few days and COUNCILWOMAN AVISE asked if he could. find off-streetth t thisnb out rather than having if plansmcould be worked out andaMagreeable CeOto asked MEISTERngstaat that anihis be worked out athe ingd steam shovels move in - he is Greeley Street working the problemsped that had withf Cations be incorporated in the specifications for the project. 1 481 MR. CROPP stated that if they can build an access to the north of his property and then restor it that might alleviate some of his problems. RAY KIRCHNER stated that the ambulance property value is far in excess of the assessment of $2,053.62 - the Lily Lake Apartments only 44 of the 86 parking spaces are accessible from Greeley Street. This improvement will give a more attractive approach to the main building and visually and from the safety stand- point traffic will be reduced through the interior of the apartment complex - should the complex be converted to a condominium or otherwise split up this street improvement would make it more flexible for such a sale. He felt that the property is also benefited by the amount of the improvement of $14,241.57. DON RALEIGH, representing the Linson property, stated that they favor proceeding as soon as possible with this improvement. The Mayor closed the hearing. On motion of Councilwoman Bodlovick, seconded by Councilman Kimble, a resolution was introduced "ADOPTING THE ASS ESSMENT ROLL FOR LOCAL IMPROVEMENT NO. 201, SETTING THE INTEREST RATE AT 10% AND A TIME PAYMENT PERIOD OF TEN YEARS" AYES--COuncilWC.ssn Avise and Bodlovick, Councilmen Kimble and MacDonald and Mayor Peterson Nays --None (see resolutions) e f 7. This orwardsStree etabetweentBlocks 4handdu8, Gooper'sgAddition (Northeof West1Sycamore Street). Notice of the hearing was mailed to abutting property owners. The Mayor opened the hearing. IRVIN WESTPHAL was in attendance - there was no one who appeared opposed to this request. The Mayor closed the hearing. On motion of Councilman Kimble, seconded by Councilman MacDonald, a resolution was introduced "VACATING A PORTION OF NORTH FORWARD STREET". Ayes --Councilwomen Avise and Bodlovick, Councilmen Kimble and MacDonald and Mayor Peterson Nays --None (see resolutions) 8. This was the day and time for the public hearing for the proposed vacation of that portion of South Hemlock Street abutting part r teofoLot t 9,LaBlock lock 5dMcKinstry and Seeley Addition and Lot 5, Block 11, nt Notice of the hearing was mailed to all abutting property owners. The Mayor opened the hearing. BORN RON SCHOEN-7-14 South Jemlock Street, stated that people drop off kids at this location to swim there unsupervised and they have a parking paroblem with the fishermen since there is no turn around provided at the end of this street. The whole area presents a hazard. THERESA MC GUIRE,1417 West Pine Street, stated there is more and more congestion of swimmers in this area and they are left there without supervision. MR. BLEKUM stated that ifoyou are going to provide a public access to the lake that it should be made suitable or forget it. LEONARD MC GUIRE, 1417 West Pine Street, inquired if there is enough City property there for a turn around and MR. BLEKUM did not see the need for an access at that location. There was discussion about the width of this street and the fact that a portion of Grove Street was vacated going down to the lake and MR. BLEKUM stated that the Council should determine if there is a need for an access, it should be designed so that it does not interfere with the neighbors. The part that is requested for vacation is the part over the bank and that the vacation would be a permanent solution and that possibly something else should be tried before that is done. Questions were asked how you would control the swimming at this point and one of the neighbors stated if there is not someone there to supervise it could create problems, and liability for the City - he did not feel that the Polie Department had time to do this kind of supervision. MR. ABRAHAMSON stated that they had only two alls on hatcthey are tnot calling his in the pthe Police ast two aDepartment, but rs for this athey are concerned. and the neighbors stated MR. SCHOENBORN felt that if there is a turn -around here that the swimmers will be attracted even more so to this area than there are now - they would like to have the street surfaced and pay. the Assessments but if the City feels that an access is necessary for the swimmers and fishermen at that point, that the City should pay their fair share of the public access - he did not see that the City is de- thevsouththe thatCitizens availableaccess to themthe withlake adequate parkingsince andthere swimming. area to • ( 482 June 7, 1983 MAYOR PETERSON felt that the vacation would be a permanent thing and he felt that there must be another solution to the problem of the swimmers there - possibly they could post some signs for sixty days and ask the Police Department when they are in the area to swing down there or respond to the calls and the neighbors stated that they are not going to be "babysitting" the area. The Police can talk to the parents and also they can say that they will eventually close off this area eventually. There was discussion about the DNB's regulations on these matters and MR. MAGNUSON cited the legal constraints that the City is under in connection with the vacation of a street - the City holds the streets in trust for all the people and in order to vacate a street they would have to make a determination that it would be in the best interest of all the public and take that permanent step - there are all sorts of laws on the prohibition to the City by devoting the street to private use or vacating streets for the convenience of the adjacent owners and not in the public interest - the City Council should be absolutely sure about making a decision such as that - making sure that it is in the public interest and not just in the interest of the people that are here. MR. SHELTON stated that on Grove Street these property owners are having problems even though the street has been vacated and they are prespassing across private property and this was done over twenty years ago. CHIEF ABRAHAMSON asked that if the Council does vote to vacate the street that there be "no parking" on the west side of the street and they can enforce that. COUNCILWOMAN AVISE asked how would they determine whether or not another access is required and MR. BLEKUM stated that possibly an informational hearing be held and publicize it and see how much of a demand there is for this and then weigh this against the problems that currently exist there. MAYOR PETERSON felt that this public hearing should be continued for another month and get information and data and if necessary temporarily sign the area and get some publicity in the paper and refer this to the Recreation Commission. MR. SCHOENBORN asked for residential parking only on the_ east side of the street and he was informed that these cannot be enforced MR. MC GUIRE felt that the improvement of the area with the "tear -drop" parking and the improved street would create more problems for the neighbors and in that event he would be in favor of leaving the street as it presently exits. He asked if they would be assessed for all of the street and also the turn -around and the Mayor indicated that they would be accessed for the complete project. MR. SCHOENBORN felt since they are 100% of the property owners that their feelings should be heavily weighed by the Council and MAYOR PETERSON assured them that they would not give them a street that they do not want - the Recreation Commission may come back with a recommendation that the City does not want to put money into it - we don't need to have northerly access to the lake. INDIVIDUALS & DELEGATIONS (out of order) DAVwasginformed636 thatairlawnthis wouldvbe be consideredtthis eveningcforthe ordinane ntheenas and he secondreading. PETITIONS ----From Williams/O'Brien requesting streets and utilities for the Interlachen Hills Development. On motion of Councilwoman Avise, seconded by Councilman MacDonald, a resolution was introduced "ACCEPTING THE PETITION &ID ORDERING A FEASIBILITY STUDY FOR LOCAL IMPROVEMENT NO. 206 FOR THE IMPROVEMENTS FOR THE INTERLACHEN HILLS PLAT". Ayes --Councilwomen Avise and Bodlovick, Councilmen Kimble and MacDonald and Mayor Peterson Nays --None (see resolutions) ----From residents in the area of 1802 North Broadway requesting that this property be brought up to the Stillwater Building Code or be condemned. MR. KRIESEL informed the Council that Washington County is advertising for the sale of this property as is and they will not consider the condemnation of same. MR. MAGNUSON stated thatthe City could proceed under the diplidated building act and it could be razed or be torn down and put all of the legal costs against the property - declare it a diplidated building and then there is a chance that they would resist. it - MR. MAGNUSON stated that if they are going to advertise that the City ask them to make that a condition of their bid that the peponent tear it down or some plan to bring it up to code. June 7, 1983 MR. ZEPPER stated that there are worse houses in town and he did not think that it would take that much to bring it up to code - only thing is that the septic system could be bad and the neighbors have said that it is. (The Council postponed action on this matter and that the County be made aware of having this house brough up to code - Mayor Peterson suggested that the members of the Council talk to the County Comm- issioners on this matter) (There was a five minute break at this time) UNFINISHED BUSINESS 1. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the Council approved the general concept of the Developer's Agreement for the Interlachen Hills Planned Unit Development as recommended by the City Attorney. (all in favor) 2. On motion of Councilwoman Avise, seconded by Councilman MacDonald, the City Clerk was directed to open the two bids for the replacement of the Lighting System at the Lily Lake Park - Local Improvement No. 208. (all in favor) Bid/Quote No. 1 Berg Electric Co. 2705 W. Highland Drive Burnsville, Mn. 55337 Total Bid $6,975.00 Bid Quote No. 2 LPD Electric, Inc. 3825 Lake Elmo Avenue N. Lake Elmo, Mn. 55042 Total Bid '$7,224.00 On motion of Councilwoman Avise, seconded by Councilwoman Bodlovick, a resolution was introduced "AWARDING THE CONTRACT FOR THE REPLACEMENT OF THE LIGHTING SYSTEM AT THE LILY LAKE PARK TO BERG ELECTRIC CO. AT A BID PRICE OF $6975.00". Ayes --Councilwomen Avise and Bodlovick, Councilmen Kimble and MacDonald and Mayor Peterson Nays --None (see resolutions 3. MR. SHELTON submitted the following two quotes for Snow Blades: Quote No. 1 The McMullen Co. 2447 University Ave. St. Paul, Mn. 55114 Total Quote $2,250.00 Quote No. 2 Itasca Equipment Co. P. 0. Box 377 Savage, Mn. 55378 Total Quote $2,635.00 On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, a resolution was introduced "AWARDING THE CONTRACT FOR THE SNOW BLADE TO THE MC MULLEN COMPANY". Ayes --Councilwomen Avise and Bodlovick, Councilmen Kimble and MacDonald and Mayor Peterson Nays --None (see resolutions) 4. MR. SHELTON submitted the following two quotes for One -Way Snow Plows: Quote No. 1 The McMullen Co. 2447 University Ave. St. Paul, Mn. 55114 Total Quote $2,425.00 Quote No. 2 Itasca Equipment Co. P. 0. Box 377 Savage, Mn. 55378 Total Quote $3,887.00 On motion of Councilman Kimble, seconded by Councilwoman Bodlovick, a resolution was introduced "AWARDING THE CONTRACT FOR THE SNOW PLOWS TO THE MC MULLEN COMPANY" Ayes --Councilwomen Avise and Bodlovick, Councilmen Kimble and MacDonald and Mayor Peterson Nays --None (see resolutions June 7, 1983 5. The contract for the Hemlock Street Reconstriction was delayed until a future meeting. 6. On motion of Councilman MacDonald, seconded by Councilwoman Bodlovick, the City Clerk was directed to open the one bid for the Ice Resurfacing Machine. (all in favor) ill Frank J. Zamboni & Co., Inc. 15714 Colorado Ave. Paramount, California Cashier's Check Total Bid $36,950.00 On motion of Councilman Kimble, seconded by Councilwoman Bodlovick, a resolution was introduced "AWARDING THE CONTRACT FOR THE ICE RESURFACING MACHINE TO FRANK J. ZAMBONI & CO., INC." Ayes --Councilwomen Avise and Bodlovick, Councilmen Kimble and MacDonald and Mayor Peterson Nays-0 (see resolutions) NEW BUSINESS r 1. On motion of Councilwoman Bodlovick, seconded by Councilman Kimble, a resolution was introduc ad "DIRECTING THE PAYMENT OF THE BILLS". Ayes --Councilwomen Avise and Bodlovick, Councilman Kimble and MacDonald and Mayor Peterson Nays --None (see resolutions) 2. On motion of Councilwoman Bodlovick, seconded by Councilman MacDonald, the Excavator's Bond for LeRoux Excavating, Inc., White Bear Lake in the amount of $3,000 was approved. (all in favor) _- There was discussion about the permit for excavators that dig into the streets. 3. On motion of Councilman Kimble, seconded by Councilwoman Avise, the City Attorney made the first reading by title of an ordinance entitled "AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF STILLWATER TO INCLUDE CERTAIN UNINCORPORATED TERRITORY BORDERED BY LAND WITHIN THE CITY LIMITS AND ABUTTING THEREON" (all in favor) (Boutwell Road area) 4. On motion of Councilman Kimble, seconded by Councilwoman Avise, the City Attorney made the first reading by title of an ordinance entitled "AN ORDINANCE EXTENDING THE COR- PORATE LIMITS OF THE CITY OF STILLWATER INTO CERTAIN UNINCORPORATED TERRITORY COMPLETELY SURROUNDED BY LAND WITHIN THE CITY LIMITS AND ABUTTING THEREON". (all in favor) (South Greeley Street) 5. On motion of Councilwoman Avise, seconded by Councilwoman Bodlovick, a resolution was introduced "CONFIRMING APPOINTMEiTI OF BEACH PERSONNEL AND BALL PARK ATTENDANT AND FIXING COMPENSATION". Ayes --Councilwomen Avise and Bodlovick, Councilmen Kimble and MacDonald and Mayor Peterson Nays --None (see resolutions) 6. On motion of Councilwoman Avise, seconded by Councilman MacDonald, a resolution was introduced "INTENT TO FORM A JOINT POWERS WATERSHED DISTRICT". Ayes --Councilwomen Avise and Bodlovick, Councilmen Kimble and MacDonald and Mayor Peterson Nays --None (see resolutions) INDIVIDUALS & DELEGATIONS (continued) None at this time COUNCIL REQUEST ITEMS 1. COUNCILMAN MAC DONALD asked for police protection for the graduation activities that happened this past year - the same kind of protection that the police give during Lumberjack Days. MR. ABRAHAMSON explained what protection was given during this past year so that the Council was aware of the police involvement in this incident. 2. On motion of Councilwoman Bodlovick, seconded by Councilman MacDonald, the Council confirmed the re -appointment of Donald Jahnke to the Board of Water Commissions as made by the Mayor. (all in favor) d • June 7, 1983 STAFF REPORTS PUBLIC SAFETY 1. On motion of Councilman Kimble, seconded by Councilwoman Avise, the Council approved the parking regulations om Main Street for Lumberjack Days as follows: No Parking on Main Street on the first and second weekends - Sautrday from 6:00 P. M. til 8:00 A. M. Monday morning - both sides of the street from Nelson to Chestnut. (all in favor) (The City Clerk will send a note to the Zeuli's about parking their popcorn wagon there - on Main Street by Tamarack Galleries) 2. On motion of Councilwoman Bodlovick, seconded by Councilman Kimble, the Council followed the recommendation of the Public Safety Director for the posting of signs "no drinking on public streets" in the downtown area during Lumberjack Days. (all in favor) 3. MR. ABRAHAMSON reported that they are receiving complaints out by Charter Oaks behind the bike shop - there is a pond back there in which the -ater is about five feet deep and the kids from Charter Oaks are playing near there - it is not fenced and there ':could be a disaster there. MR. SHELTON stated that the contractor was there last week to take care of this and to date he has not returned to take care of the problem and this pond will be drained. The proposal is for a swail drainage area when the Linson Plat is done. PARKS & RECREATION No report • 485\, PUBLIC WORKS 1. MR. SHELTON was asked to look at the property to the west of the Auditorium Parking Lot which is 50 x 134 feet as Mr. Nolde will be doing some landscaping in that area and it will not enfringe on this parking lot and will not create any problems. 2. MR. SHELTON requested that the Council look at Ridge Lane Drive and Stillwater Avenue from North First Street to the east before they do any patchwork in that area as they are complete disasters and felt that the whole thing should be taken up and improved the same as a part of St. Croix Avenue was done last year. CONSULTING ENGINEER'S REPORT 1. MR. VAN WORMER explained the concept layouts for Water and Nelson Streets and he was directed to give the Council the cost estimate for sidewalk, parking and drain- age to tie in with this proposal. He is also to talk to the merchants and come back with their comments. Possibly there could be a special meeting with the Down- town Retail Council. This was a parking study that the Council had directed be done for the Water/Nelson Street area. BUILDING OFFICIAL 1. MR. ZEPPER reported on the condition of the Mechelke house on North Second Street tee and he has been trying to locate the owner and MR. MAGNUSON stated that it is now in the name of Washington Federal as the owner - he requested permission to go in there and board it up and he was directed to have Washington Federal board this house up. MR. MAGNUUON stated that under the Nuisance Ordinance we could give them notice and if they do not fo it, then we can do it and assess it to them. Mr. Zepper will contact Washington Federal tomorrow. 2. On motion of Councilwoman Avise, seconded by Councilman MacDonald, the City Attorney made the first reading by title of an ordinance entitled "AN ORDINANCE AMENDING THE CITY CODE TO MODIFY THE STATE BUILDING CODE BY ADOPTING APPENDIX 'E' " (all in favor) CITY CLERK'S REPORT No report CITY ATTORNEY'S REPORT No report June 7, 1983 APPLICATIONS On motion of Councilman MacDonald, seconded by Councilwoman Avise, the following Contractor's Licenses were approved: (all in favor) Blacktop Driveway Co. Blacktopping Renewal 1187 Frost Ave., St. Paul 55109 pP g Custom Drywall Plastering, etc. Renewal 315 AtwaterSt., St. Paul 55117 g. Walter LaRoche & Dewey Dau Renewal 9161 N. Jeffery Blvd., Stillwater General LeRoux Excavating New 2112 S. 64th St., White Bear Lake 55110 Excavators Minnesota Exteriors, Inc. New 395 Highway 55, Minneapolis 55416 General Nolde & Son Renewal 311 S. Third St., Stillwater General Palmer Landscaping R. #1, Box 90-B, Osceola, Wi. 54020 Landscapers, Fencing, New remodeling Prestige Pool & Patio, Inc. Renewal 245 E. Roselawn, St. Paul 55117 Swimming Pools S & K Construction 1301 - 9th Ave., Newport 55055 Masonry & Brick Work New James A. Swanson Construction Renewal 320 S. Hemlock St., Stillwater 55082 General Robert Ulbricht dba Homesite Sanitation Company R. #3, Hudson, Wi. 54016 the Stillwaterisposal of gSanitaryuid eSystematerials into Real Western Remodelers Renewal 2529 Nicollet Avenue S., Minneapolis General ----On motion of Councilwoman Bodlovick, seconded by Councilman MacDonald, the following Beer and Wine Permits were approved: (all in favor) 3 - Ray Bressler M. (Belwater er (Beer toasellsandLowell consumeark - - fundugust 7, raiser for the 11:00 the Fire Department) David Chial(Stillwater Fire Dept.) Pioneer Park - July 22, 1983 - 8:00 to 10:00 P. M.- (Beer to consume - refreshments after water fight) Kris Goulet for Private Farewell Party - Labor Temple - June 18, 1983 - 6:00 P. M. to Midnite (Beer to consume) Nileos (City(ernocsLily Croixwood- Noon 18, 1983 Softball Tournament to 2:30P.M. Berconsume) Mary Molenda(Bishop Newman Band -St. Michael's Church), Pioneer Park - Noon to 5:00 P. M. - June 26, 1983 (Beer to consume - company picnic - 40 people) CITY COORDINATOR'S REPORT 1. MR. KRIESEL informed the Council that he has the pricing of all of the material that will be used to reconstruct the sideboards for the hockey arena - there is a total cost of $14,158 for the materials - it will be purchased from UBC and Holmsten- Holmsten is the only supplier around that has a package deal for the type of material. This amount is within the budgeted figure. 2. MR. KRIESEL informed the Council on the matter of the dial face stickers for the parking meters indicating the hours of operation - he recommended that we go from 8:00 A. M. to 5:00 P. M. - this will be on all of the meters except those at the new parking lot hynuth Main Street. hcluding Saturdays, Sundays and holidays, andtheCouncil concurredon this matter. n 3 backxofECityfHallt- atttheepresentneed timeothehave onlystaff reservedcar/visitor parking sparking RISELelttallislot for1the Jack Shelton and he requested that there be three designated slots - one for Jack Shelton, beo oleft open8fordvisitors. which thatOity Staff the parkingars lotand that be stipedheothers for theuiling and the Council concurred. June 7, 1983 4. MR. KRIESEL informed the Council that the ASFCME mediation did not settle anything and they have set up another meeting for June 22nd at 9:30 A. M. to continue the mediation sessions - the reason being that they asked for the second year of the agreement and the City has never really discussed what they would offer for the second year. t 5. discussOR BtheSASFCMErequested matter, further consideratiof the lon June a0 onoftherubbishrate0and other matters. 6. On motion of Councilman Kimble, seconded by Councilman MacDonald, a resolution was introduced "EMPLOYING HARLEY HAYDEN, JR. AS A WELDER FOR THE STREET GARAGE UNDER THE WORK EXPERIENCE PROGRAM AT A COMPENSATION RATE OF $3.35 PER HOUR THROUGH AUGUST 31st'. (Effective June 13, 1983_) Ayes --Councilwomen Avise and Bodlovick, Councilmen Kimble and MacDonald and Mayor Peterson Nays --None (see resolutions) 7. MR. KRIESEL presented to the Council the counter -proposal for the Police Depart- ment Union which is an increase of $132.00 per month or a 6.29% increase and $120.00 for the hospital/medical. It was mentioned the'- Ls.ey had agreed for $115 for all departments and the Council asked if there could be a counter offer of $2,030 for the three year patrol officer. There was further discussion about the hospital/medical rate here and with the other departments and also the increase with the Fire Department was 6.125% and after considerable discussion the matter was laid over to the June 14th meeting. The proposal also included that two blazers and slacks be provided to the Juvenile Officer, and he felt comfortable in making this recommendation to the Council. 8. MR. KRIESEL informed the Council that Hank Sampson had contacted him about bringing a ship called the EMCOST which will be sponsored by Washington Federal and they want to block Second Street from Chestnut to Myrtle for two days sometime in late August and this would be a public relations thing. COMMUNICATIONS None QUESTIONS FROM NEWS MEDIA None ORDINANCES First Readings - Amending the City Code to Modify the State Building Code by Adopting Appendix "E" Extending the Corporate Limits - Boutwell Road Area Extending the Corporate Limits - South Greeley Street RESOLUTIONS The following resolutions were read and on roll call were unanimously adopted: 1. Directing the Payment of Bills 2. Accepting the Petition and Orderinf the Feasibility Study for the Interlachen Hills Development 3. Confirming the Appointment of the Beach Personnel and Ball Park Attendant 4. Intent to Form a Joint Powers Watershed District 5. Accepting the Feasibility Study, Waiving the Hearing and Ordering the Final Plans and Specifications for L. I. No. 205 (Wildwood Pines and Wildwood Pines Second Addition) 6. Adopting the Assessment Roll for Local Improvement No. 201 - Orleans Street 7. Vacate a Portion of Forward Street - North of Sycamore 8. Replacement of the Lighting System at the Lily Lake Park'Tennis Courts (Berg Electric) 9. Contract for the Snow Blois (The McMullen Co) 10. Contract for the One Way Snow Plows - McMullen Co. 11. Contract for the Ice Resurfacing Machine - Zamboni 12. Employ Harley Hayden, Jr. as Welder under the Work Experience Program ADJOURNMENT -On motion of Councilwoman Avise, seconded by Councilman MacDonald, the meeting adjourned at 12:30 A. M. (Wednesday morn ng) Attes t:c�,1' 49 ��'vi4--4k— �.l y Clerk Mayor