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HomeMy WebLinkAbout1984-08-07 CC MIN• 171', • STILLWATER CITY ODUNCIL REGULAR ME%1'I1G AUGUST 7, 1984 7:30 P. M. The meeting was called to order at 7:30 P. M. by Mayor Peterson The Invocation was given by the City Clerk. Members Present: Members Absent: Others Present: Citizens: APPROVAL OF MINUTES Council:aters Eodlovick, Kimble, Maccnald and Mayor Peterson Councilrtanber Farrell City Coordinator, Kriesel City Clerk, Kirtz City Attorney, Magnuson Finance Director, Canso City Engineer, Meister Director of Public Safety, Abrahamson Director of Parks & Recreation, Blekum Zoning Administrator, Zepper Planning CUmiission Chairmen, Vania Consulting Engineers, Elliott and Davis Tom Brownson, Barry Stack, Al Ranum, Ann Dais, Terry O'Brien, Mitchell Hurlburt, Dennis Sullivan, Lyle Eckberg, Mary Jo Teed, George Vania, Janes MCGeehan, Les Lnttan, Richard Petrick, James Wirebaugh, Ran Newnan, Raynrnd Poskozim, Scott Johnson, Carol Osnati, Lester Hartman, Ron Johansscn On motion of Councilmember Bodlovlck, seconded by cbuncilmater Kimble, the minutes of the following meetings were approved: (all in favor) July 17, 1984 Regular Meeting 4:00 P. M. July 17, 1984 Recessed Meeting 7:30 P. M. July 12, 1984 Special [fleeting 7:00 P. M. INDIVIDUALS & DELEGATIONS BARRY STACK- GILBERT BFIVSON PROPERTY - Barry Stack presented the Council with a plat and proposal for adding six lots to the City limits, which lie to the south of Pine Tree Trail. He noted that utility services are already stubbed into these lots, which lie in the Henson Addition. DAVE MAGNUSad stated that this annexation would straighten out the boundaries in this area. On notion of Councilmeitber Kimble, seconded by mumcilnarber MacDonald, the Council moved to refer this request to the Planning Commission for their review and to contact the Township for their input. (all in favor) PUBLIC HEARINGS IMPROVEMENT HEARING ON JCrAr DiPr ainiT NO. 219 - 1984 STREET OVERLAY DUANE ELr.loTT reviewed the proposed project and explained the three options for assessing this Overlay Project. �..• DENN/S SULLIVAN presented a survey taken from the property miners on West Orleans and from this survey conveyed that the miners feel that if the street were properly neintained and repaired, that this overlay would not be needed at this tine. The street deterioration is due to the excess bus traffic. He also asked if the curb would have a bituminous overlay. DUANE ELLIOTT answered that the bituminous would be milled down to meet the curb. He stated that an overlay is recamended instead of repair and patching, because there are cracks in this street that patching and sealcoat would not fix. If this street does not receive an overlay soon, it will need complete reconstruction. �./ LYLE ECKBERG stated that he feels that the School District should pay for 75% of the cost of the project because the bus traffic is largely responsible for the condition of Orleans Street. He doesn't feel that the property owners are benefiting that much from the overlay and they have already paid for this street. MARY JO TEED asked why Marine Circle was chosen for an overlay. She stated that there is no bus traffic and only local traffic on this street. KEN MEISTER stated that the Public Works Department did a total street survey in the City and chose the streets that would require considerable maintenance if not overlayed. Residents of Marine Circle express that the problem in the area is due to a drainage problem and that this should be looked into before the street is repaired. RON NE.MAN asked if the costs are proportioned to the enact of work to be done m each street. He stated that Croixwoed Boulevard is an entrance to a residential development and the abutting property owners should not be responsible for paying for the street improvement. He feels that the cost should be shared with the users. He also asked if the streets involved in this project could be treated as separate projects. • • /172 August 7, 1984 - continued • • RAY POSKOZIM stated that he understands being assessed for sewer and water because they are a direct benefit, but can't see why he should be assessed for Croixwood Boulevard when it is rased as a thoroughfare and used by so many people. SCOTT JOFNSa4 also express this sane concern. MR. ELLIOIT explained that this issue is the reason why the City is considering the option of picking up the cost for the width difference for Croixwood Boulevard. CAROL ODNATI expressed concern over maintenance after this project is completed. She surgestioned paying for an overlay if it is not properly maintained afterwards. LESTFR HARBIAEN asked if this overlay was experinental or had been done before. NILE KRIFSEL stated that it was done on Rainbow Court in 1979 or 1980 and KEN MEISTER stated it was done in the downtown area in 1979 also. COONCILME4BER K]MBLE stated that the Public Works Department and Consulting Engineers determine which streets need patching, which ones need sealcoating and which ones need an overlay or complete reconstruction. The Council and City nmist listen to the engineers. JNIES EC OEFITN asked if the engineers could come out and explain to the residents why they are doing the projects. RICHARD PETRICK asked what the next step is and what the options are. DAVE MA[NUSCN stated that the Council has six months to decide what action to take on this project. The assessment policy is not determined until the assessment hearing and owners can appeal to District Court regarding their assessments, after determination is made at this assessment hearing. DENNIS SULLIVAN asked if the School District is being assessed for the project and MR. ELLICTT informed him that they were COFNCID4FNBER KI MBLE asked if there is an avenue for assessing the school at a greater rate than other property owners and DAVE MAf3NSQ4 stated that it is Possible if the formula is not arbitrary. MAYOR PElER5W CLOSED THE PUBLIC HEARING. O n motion of Councilmember MacDonald, seconded by Councilmenber Ki nble, the Council moved to table any decision on this natter until the streets in question can be viewed and considered further by the Council. (all in favor) (Mayor Peterson declared the meeting recessed at 8:45 P. M., to reconvene at 8:55 P. M.) CASE NO. 547 - R. E. PARTNERS - VARIANCE FROM FILM PLAIN ORDINANCE This was the day and tine set for the public hearing on Case No. 547 sutanitted by R. E. Partners for a variance fran the Flood Plain Ordinance for a basement at 317 South Main Street, and also to place a handicapped rasp on the Water Street right-of-way. Notice of the hearing was published in the Stillwater Gazette, and wailed to property owners within 300 feet. THE MAYOR D THE HEARING. MR. O'BRIEN presented his plans to the Council stating that they need to utilize the FP3 flood regulations, which require clean water flooding of their basement in the ev ent of a flood, to equalize pressure. DAVE MALNUSCE stated that the Council is required to adopt a findings of fact and submit then to the Federal Emergency Managare t Agency in Chicago regarding this variance. He stated he will prepare these findings and present then to the Council at a later date for adoption. MAYOR PEPENSCN CLOSED THE FEARING. Cn notion of Cou ncihnenber Kimble, seconded by Wunncihmerber MacDonald, the Variance fran the Flood Plain Ordinance was approved for R. E. Partners for 317 South Main Street to allow FP3 regulations in the basement, per the Department of Natural Resources recommendations. (all in favor) TERRY 0 BRIEN presented rawings for the handicap access fran Water Street for 317 Soutu Main. He stated that this building presently has the air conditioning units and cement loading ramps encroaching on Slater Street right-of-way. He stated that it is not feasible to place a ramp on the interior of the building, due to the elevations of the floor. Mr. O'Brien presented pictures to the Council showing other encroachments onto the Water Street right-of-way. DAVE MACEUSCE1 stated that this is not a variance, but would require issuance of a license, but stating that it accrues no vested rights. OCUNCHMEMBER KIMBLE stated that he believes that it is appropriate for the other businesses with encroachments to obtain a license also. • • 4 n August 7, 1984 - continued /13 • MAYOR PEIMSON CLOSED THE HEARING. On motion of Counci]neter Badlovick, seconded by CouncilmatSler Kimble, the Council moved to grant a license to Terry O'Brien for 317 South Main Street, for encroachment onto Wate' Street for a handicap access ramp, with no vested rights and the City be named as an additional insured "as their interest nay appear" on the general public and premises policies of the owner. (all in favor) Mt. O'BRIEN asked what would happen in the vent that Water Street were improved and he was told that all encroachments would be treated the same. DAVE MPat6Qd AND NILE KRIESEL will contact the other affected business owners in the area regarding these encroachments. --CASE NO. 548 - BRCANSCN PROPERTIES -VARIANCE AT 310 SOUTH THIRD STREET. This was the day and time set for the public hearing on t ase No. 548 submitted by Branson Properties, for a 700 square foot lot variance for 310 South Third Street. Notice of the hearing was published in the Stillwater Gazette and nailed to all property owners within 300 feet. THE MAYOR OPENED THE HEARING. ALLEN ZEPPER stated that Brownson has 13,300 square feet and he needs 14,000 for a four unit facility. MS. VANIA stated that the Planning Commission approved the request, but was concerned over the parking situation. ALLEN ZEPPER stated that the issue is the lot size, not the parking situatik. There is plenty of roan on this lot. MAYOR PEI'ERSQ4 closed the hearing. Cn notion of Onuncilmaiber Kimble, seconded by Councilmadter MacDonald, the Council moved to grant a 600 square foot lot size variance and approximately a 230 square foot coverage variance to Brvwnson Properties for 310 South Third Street. (all in favor) --CASE NO. 549 - MIT'CH:LL HULBURT - SIDEYARD VARIANCE This was the day and time set for the public daring on Case No. 549 sr:unitted by Mitchell Hurlburt, for a three foot sideyard variance for 1807 West Olive Street. Notice of the hearing was published in the Stillwater Gazette, and nailed to property owners within 300 feet THE MAYOR OPENED THE HEARING. MR. HURLBURT presented his plans to the Council, stating that he needs to place new home seven feet frail the sideyard line instead of the sired ten feet, in order to use the present foundation. He presented a petition of support from the neighbors. MS. VANIA stated that the Planning Commission denied this request. The area was just sub- divided into bui dahle lots so these lots should be usable at they are. The present garage is only two feet from the sideyard and the Commission felt that by granting this variance, this neighbor would be crowned too moth. COUNCTLh4ENB R KIMBLE stated that the presait owner is not the owner who divided the lots, and he bought the lot with a house on it with the intention of remodeling the house, but found out that the house would have to be completely torn down and a home built from scratch. WALLY ABRAHANSC1' spoke as a property owner, stating that the biggest problem that he had selling his hoe in that area, was the condition of the subject property. He feels that this recon- struction is a great inprove rent and supported it. MAYOR PEPERSQN CUED THE HEARING. Qi notion of Coincihnecter MacDonald, seconded by Concihnenber Kimble, the Council granted a three foot sideyard variance to Mitchell Hurlbut for 1807 West Olive Street for constriction of a new hone. (all in favor) ---CASE NO. 550 - JEAN REMINGION - SIGN VARIANCE ALLEN ZEPPER inforned the Council that Ms. Remington has withdrawn her request. --CASE NO. 551 - FOOD 'N FUEL - Amendment to CONDITIONAL USE No action was taken on this case as no one presenting Food 'N Fuel was present. UNFINISHED BUSINESS 1984 SEAILDAT BIDS - On motion of Concilmanber Hnllovick seconded by Councilmenber MacDonald, a resolution was introduced, RESOLUTION ACCEPTING BID FOR 1984 SEAL57AT PROTECT". Ayes --Comcilirerbers Bodlovick, Kimble, MacDonald and Mayor Peterson Nays ---One (Resolution No. 7346) • • August 7, 1984 - continued • • NEW BUSINESS Dn motion of Councilnenber Kimble seconded by Counrcilmenber MacDonald, a resolutionuas introduced, "DIID rING THE PAYM EWT OP THE BILLS". (Resolution No. 7345) Ayes—Cbua.i.Lnenhers Bodlovick, Kimble, MacDonald and Mayor Peterson Nays —None COUNCIL RKMEST ITEMS MAC DCMAID suggested that Ken Meister and Jack Shelton find out who and how much the oncroadments are encroaching on Water Street and to contact these people about the require- ments and stipulations regarding these encroachments. —WUNLTIMEMBER MAC ECNAiD Informed the other members of the Council that he will not be seeking another term on the Council, due to personal reasons. LOUDSPEAKERS IN THE DCMIIB 4II4 AREA After discussion it was decided that a letter would be sent to the businesses in the downtown that are projecting music outside of their establishments by use of loudspeakers. Complaints have been received from residents regarding the use of such tactics. INTERSTATE BRIDGE MEETING Mayor Peterson reminded the Council that a meeting will be held m August 15, 1984, at the high school, regarding the construction of the Intestate Bridge. EGYPTIAN EAGLE MAYOR PE ERSON informed the Council that he has been offered a gift, being a 6 foot 4 inch Eagle, that the Council express they would be happy to accept. STAFF REPORTS PUBLIC SAFETY WALLY ABRAAADSON stated that he will be retiring as of January 1, 1985, but his last day of work will be November 30, 1984, whereafter he will be on vacation. PARKS & RECREATICM — an notion of Concilmember MacDonald, seconded by Cbuncilnenber Bodlovick, the Cbizcil authorized an expenditure of $850 for a snow -thrower attachment. (all in favor) — On notion of Cbuncilmember Kimble, seconded by Councilnember MacDonald, the Council authorized obtaining trees from the County (being removed for construction of their new building), at the expose of moving same. (all in favor) CITY CLERK On motion of Coumcilnenber Bodlovick, seconded by Councilmanber Kimble, a resolution was introduced "RFSOLUEICN APPOINTING ELELTICN JUDGES AND FDCTh 3 COMPENSATION". Ayes—Councihrerbers eodlovick, Kimble, MacDonald and Mayor Peterson Nays —Kane (Resolution No. 7347) FINAMIE DIRECTOR —Cr. motion of Councilmeiter Kimble, seconded by Councilnanber Bodlovick, the Council moved to approve the 1984 Budget Transfers, the 1984 Construction Transfers, and the 1984 Interfund Receivables/Payables as presented by Betty Caruso. (all in favor) — A special meeting was set for August 13, 1984, at 7:00 P. M. for discussion of Capital Outlay needs for the upcoming bond sale. PUBLIC WORKS - -On motion of Councilnenber Bodlovick, seconded by Counciiranber Kinble, the Council approved the Excacation Permit Procedure as presented by Ken Meister. This procedure will not require a performance bond or deposit at this time. Meister stated that if a problem occurs, the Contractor will not be given another permit. (all in Ivor) CITY ENGINEER A letter was received from Neal Casey 107 East Laurel Street, regarding the condition of the sidewalk at his residence. It was the decision of the Council to include this portion of side- walk in the 1985 sidewalk project. • • August 7, 1984 - continued 17.5',, • • CITY ATTORNEY --On motion of councilmenter Kimble, seconded by Councilmember MacDonald, a resolution was introduced "RFSOIAITICN VACATIFE PARTS OF SYCAMCRE STREET (lake Street). Ayes--Comcilnsnber Bodlovick, Kimble, MacDonald and Mayor Peterson Nays --None (Resolution No. 7348) --On motion of Councilnenter Bodlovick, seconded by Oouncihuauter Kimble, a resolution was introduced "RFSOUJFICt4 VACATING PARTS OF FORWARD STREET AND ST. CROIX AVENUE". Ayes—Coueilmmbers Bodlovidc, Kimble, MacDonald and Mayor Peterson Nays --None (Resolution No. 7349) CCNSULTIN; ENGINEER — On notion of Councilnunber Kidale, seconded by Councilnerber Bodlovick, Change Omer No. 1 for Local Improvement No. 206 -- mterlachen Hills, was approval. ('This provides for an extension of completion time). (all in favor) - -On motion by Councilmemter Kimble, seconded by Councilnemdher MacDonald, Change Order No. 2 for Inonl Improvement No. 216 - Westphal. Heights, Phase I was approved. (all in favor) IUCAL IMPROVEMENT NOS. 201, 203, 205 JEFF DAVIS informed the Council that the completion date for these projects was July 30, 1984, and the improvements are not yet completed. He stated that the City has the right to assess damages onto the project costs. CITY OOORDINATCR Westphal Heights - A letter was received fran FSv Westphal, recuesting installation of the utility improvements for Westphal Heights at the ccet quoted, and waiving any improvement hearing requirements regarding the utility construction. The letter also requested assessing the incurred oasts over a ten year period. It was the consensus of the Council to proceed with this project and assess over the years as requested. Wane; OF SCUM FIFTH STREET. Cn notion of Concilmanher Kimble, seconded by Cancilmarter MacDonald, a public hearing for consideration of vacation of a portion of South Fifth Street was set for September 4, 1984 at 7:30 P. M. (all in favor) METER REPAIR On notion of Councilnsmber Kimble, seconded by Councilnsiber Bodlovick, Craig Peterson will repair peters an a part-time basis, as needed, at the rate of $8.00 per hour. (ALL IN FAV02) Jnm2T Ih PRXE4FNT NO. 206 - INTERTAC EN - GRADING Qn motion of Cou ncilnarber Kimble, seconded by Co ncilnsrber Bodlovick, the Council Moved to approval payment of $44,628 to Arnt Construction Company for road grading in the Interlachen Development contingent upon receiving signed development agreement, including guarantee agreement, (all in favor) - -Oh notion of Cbumcilnember Bodlovick, seconded by Council nember MacDonald, the Council approved the purchase of three pagers at $927.00. (all in favor) - -On motion of Comciinsmber MacDonald, seconded by Comcilnadner Kimble, the Council approved the purchase of a mobile radio for the Parks 5 Recreation Department at $1,200.00. (all in favor) ST. CROIX AVENUE - -On notion of Councilnember Kimble, seconded by Comcilmerber MacDonald, the Ornmcdl decided to post "Dead Del" signs at the entrance of St. Croix Avenue at Owens Street. (all in favor) REQUEST TO PURCHASE CITY PROPERTY On notion of Cbuncilmamber Bodlovick, seconded by C-mcilnerber Kimble, the Council moved to have an appraisal done on Lots 7, 9 and 11, Block 6, Beach's Addition to Oak Park Heights. (all in favor) (There has been a request to purchase these lots) POLICE CHIEF Applications will be taken until 4:00 P. M. on September 21, 1984, for a replacement for Wally Abrahamson, to serve as Chief of Police. Appropriate ads will be run in various publications. APPLICATIONS WHARFAGE PFRMI S - Ch motion of Cbuncilrtsnber Bodlovick, seconded by Councilmether MacDonald, the wharfage permits for Stillwater Dock Company, Griffith Marine Industries, River Excursions and St. Croix Packet Board Company were approved. (all in favor) • • 476 • August 7, 1984 continued APPLICATIONS - continued --On motion of Councilmanter Eodlovick seconded by Comcilmemter MacDonald, the follocllg contractor's licenses were approved: (all in favor) Careful Painting (Mark Lange) Painting & Ceramic Tile New 821 S. Third Street, Stillwater Commercial Utilities, Inc. Ex@Vatere New 2214 Berland Place, St. Paul Jim's Cabinet & instruction General New Amery, Wisconsin 54001 Lundgren Bros. Construction General Wew 411 Second Street, Hudson Omni Energy Group General New 1621 East 79th St., Bloomington M. J. Raloigh Trucking General Renewal P. O. Box 261, Stillwater St. Croix Insulation insulation & Ventilation New 305 South llth St., Hudson Space, Inc. General New Kari Si+nrins, Pres. 1011 North 1st Street, Stillwater Wicklutd Construction General New 4180 - 147th St. Lane N. W., Anoka --On notion of CUuncihnanber Bodlavick, seconded by Councilmenber nimble, the following Fermis to consume and sell were approved: (all in favor) St. Nary's Catholic Church Wild Rice Festival at Pine & Fifth Streets (Glen E. Johnson, St. Joseph, Wisconsin) September 9, 1984 - 11:00 A. M. - 5:00 P. M. (sell and consume) Knights of Colurbus (Ralph Otte, 421 W. Wilkins) Pifroneer ee:0Parrk k - 9:00 steak ( u ak f. re beer fry en August 4 19 wine) Janes Johnson Pioneer Park - party after wedding rehearsal 190 Northland Ave. fran 7:30 - 9:00 P. M. - beer & wine cnsume 0344INICATIGNS On motion of cbmcilmatber Kimrble, seconded by Councilor Bodlovick, the reclues's for seder bill adjustments fran Gregory Bauer and Kenneth White were denied. (all in favor) %UOURN4•Nr On notion of Councilnadar Bodlovick seconded by Cotncilmenter Kimble, the meeting adjourned at P. M. (all in favor) Attest: j/A/I tT'E ° City Coordinator 4a,04