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HomeMy WebLinkAbout1984-10-16 CC MIN!214 • • • REGULAR MEETING The meeting was Members Present: Members Absent: Others Present: Citizens: STILLWATER CITY COUNCIL OCTOBER 16, 1984 4:00 P.M. called to order by Mayor Peterson. Councilmembers Bodlovick, Farrell, Kimble, MacDonald and Mayor Peterson None City Coordinator, Kriesel City Attorney, Magnuson Secretary, Schnell Finance Director, Caruso Public Safety Director, Abrahamson Superintendent of Public Works, Shelton Engineer, Meister Parks & Recreation Director, Blekum Consulting Engineer, Jeff Davis Zoning Administrator, Zepper Jim Graham, Bruce Folz, Jean Decurtins, Mr. & Mrs. Dan St. Martin, Mr. & Mrs. John Jcyce, Johr Muhlenpoh. Press: Stillwater Gazette - Sharon Baker PUBLIC HEARINGS Local Improvement No. 224 - This was the day and time for the continuation of the public hearing for Local Improvement No. 224 for Penthouse Acres. Letters were mailed on October 8, 1984 to all property owners proposed to be involved in these improvements. MR. BRUCE FOLZ brought the Council and the audience up to date on what has happened to this plat and that the Council made a determination at the hearing on September 13, 1984 not to order the improvement until they have a signed plat. No .decision has been made on the outlot which shows three lots in the center and also, there are some other odd pieces that have no access on the public street. It is possible to have these deeded over to the adjoining property owners by Mr. Leitte. He further indicated that Mr. Leitte still wants four lots in that center Outlot. There are no disputes on the boundary lines, but the Stiles have no proper access to the public street, they just have an easement. Also, the Mills property has been split. Another alternative would be to create some small outlets which will probably go tax forfeit. MR. MAGNUSON stated that the complication is the lots in the center outlot. He did not feel that the City could sue Tony Leitte without paying him for the center land and any litigation would be expensive and time consuming. COUNCILMEMBER BODLOVICK stated that it was her recollection that the people who have built in that area were told at one time that there would be no building in that center lot. MR. KRIESEL indicated that there was no agreement with the City that this property would not be built on. MR. MAGNUSON stated the City could compel him to dedicate 15% of the plat or the equivalent of the market value in order to get the plat accomplished. He stated that four parties objected to anything being built in the center outlot the last time. MRS. DAN ST. MARTIN stated that in order to protect themselves from the road improvement assessment, they would not sign the plat. They would not be against two lots in the center outlot. JIM GRAHAM stated that back in 1974 when he purchased his property, the center area was to be left for open space or storage for the property owners. This was done in order to protect his view of the river and that he paid for his own survey from Mr. Holm. If the center outlot is approved, he would agree to this, provided he could split his property into two lots. Further, he did not feel that the people in that area should pay for the platting in addition to the improvements. He felt that there should be perc tests done on the center portion in order to determine whether or not it would be buildable and for how many homes. ANOTHER RESIDENT asked about the minimum area that is required to support a given lot and then made a decision on the other matters. He felt that the Council should come and take a look at the property and that none of them would want a $10,000 bill for the proposed improvements as presented at the last meeting. MR. MAGNUSON stated that the City does not have standards for rural development with septic systems. They would have to develop a zoning ordinance for rural/urban developments. • • • • 2Y5\ . October 16, 1984 - continued MR. FOLZ indicated that no soil tests were taken on this area in question, but he did feel that it would be safe to say that you could get at least two or possibly three lots in this center outlot. He was not sure about four lots. The cost of the soil tests would be about $600 and he said Tony Leitte will not pay for this; neither will the City. The standards for this area would have to be the same as far other areas in the City of Stillwater and would have to be treated the same as everybody else; also, it would have to be residential. COUNCILMEMBER KIMBLE asked what legal right the governmental body has over this land and MR. MAGNUSON stated that there is an agreement that he would complete the plat. The City could sue him or compel him to sign the plat if it did not compel him to forfeit any of the land. There was discussion about the procedures in the past when someone came in for approval to build on a given parcel and the issuance of these building permits prior to the platting being accomplished. JACK JOYCE, 9100 ORWELL COURT, felt that it is the Council's responsibility to get this plat completed and let the developer come in and enter into a deal with the City as to the development of the center land in accordance with City ordinances and regulations. He questioned the assessing of the street and other improvements on an area basis as he felt that it should be done on a front footage basis. If there is an odd shaped lot, the assessment should be done on the average width. He also quesioned the assess- ments for the storm sewer. JACK MULENPHOL felt that it is the responsibility of the Council to make the decision and that they should deal with each issue separately. _ MR. ST. MARTIN stated that he does not want storm sewer, gutters, etc. They just want something to seal the road to keep the dust down. He can't afford $14,000 for such a street and he felt that the City had a legal obligation for the maintenance of this street. MR. MAGNUSON stated that the City is obligated to keep them safe. The City has an agree- ment with the Township about the maintenance of this street and other streets. MR. GRAHAM felt that this Council should go ahead and make a motion which will go into the official records that there be no further dovelopment in this area until the platting issue is resolved; no building permits from this point on. MAYOR PETERSON CLOSED THE PUBLIC HEARING. On motion of Councilmember Bodlovick, the Council took no action on the ordering of Local Improvement No. 224, which was seconded by Councilmember MacDonald and unanimously passed. On motion of Councilmember Farrell, seconded by Councilmember Kimble: (1) the proposed improvement of Orwell Court and related improvements is denied since the project does not appear feasible; (2) The "Penthouse Acres" development does not comply with the subdivision code, and therefore, no building permits shall be issued until the development is brought in compli- ance with the code; (3) That the City will offer the help of its offices and staff in order to facflitate compliance with the code; however, due to the number of property owners and conflicting interests in the area, the property owners themselves must agree on the terms of a preliminary and final plat of the area before the matter is again brought before the Council. (All in favor) There was discussion on the number of lots that should be permitted in the center Outlot and MR. FOLZ stated that they could go back to the original and make the center an outlot in order to get the plat signed. It was stated that there would be some costs involved in doing perc tests and the question was who would pay these costs. STAFF REPORTS PUBLIC SAFETY On motion of Councilmember Farrell, seconded by Councilmember MacDonald, the Council approved the full-time police license for Jeff Magler. (All in favor.) PARKS & RECREATION On motion of Councilmember Bodlovick, seconded by Councilmember Farrell, a resolution was introduced "APPROVING THE EMPLOYMENT OF THE PART-TIME HELP FOR THE ARENA". (Resolution No. 7405) Aye;--Councilmembers Bodlovick, Farrell, Kimble, MacDonald and Mayor Peterson. Nays --None MR. BLEKUM informed the Council that the ice is in the arena and they plan to have the opening on Friday of this week. There was discussion about a synthetic Ice Rink in Lowell Park and Mr. Blekum stated that there could be a lot of problems and did not feel that it would work. He will contact Mrs. Brine on this matter. • 21U October 16, 1984 - continued • • PUBLIC WORKS - No Report FIRE CHIEF - No. Report ZONING ADMINISTRATOR On motion of Councilmember MacDonald, seconded by Councilmember Bodlovick, the Council granted permission to the two Building Inspectors to attend a State Up -Date Seminar on October 23, 1984. (All in favor) CITY ENGINEER On motion of Councilmember MacDonald, seconded by Councilmember Farrell, the Council authorized the televising of the following streets in conjunction with the feasibility study for street improvements: South First Street from East Orleans to Willard; South Second Street from East Orleans to Willard; West Willard Street from South First to South Third CONSULTING ENGINEER JEFF DAVIS of SEH explained the contract problems that they hare having with Crossings, Inc. and the contractor has gone beyond the July 30 completion date and he explained the projects that have not been completed, and the various ways that damages could be calcu- lated. On notion of Councilmember Kimble, seconded by Councilmember MacDonald, the Council authorized SEH to deduct the liquidated damages from the total construction costs to be paid to CROSSINGS, INC. (All in favor) FINANCE DIRECTOR On motion of Councilmember MacDonald, seconded by Councilmember Kimble, the Council voted to retain the firm of Voto 8 Co., Ltd. for the financial audit for the City of Stillwater for 1984. (All in favor) On motion of Councilmember Bodlovick, seconded by Councilmember Farrell, the Council adopted the Grievance Procedure for Section 504 (Handicap Requirement). (All in favor) BETTY CARUSO stated that the self -evaluation will not be completed by October 17, and she was assured that this will not create any problems. RESOLUTION The following resolution was read and on roll call was unanimously adopted: 1. Employing Part -Time Employees at the Ice Arena. Mayor Peterson recessed the meeting at 6:00 P.M. until 7:30 P.M. Attest: Acting City Clerk • • 217\ • • r • STILLWATER CITY COUNCIL 7:30 P.M. RECESSED MEETING OCTOBER 16, 1984 The meeting was reconvened by Mayor Peterson. The Invocation was given by the Secretary. Members Present: Councilmembers Bodlovick, Farrell, Kimble, MacDonald and Mayor Peterson. Members Absent: None Others Present: City Coordinator, Kriesel City Attorney, Magnuson Secretary, Schnell Barbara Geisler, Jeff Peterson, Donna Pacyga, Ms. Mowry (Warm World Citizens: Board Member) Press: Sharon Baker - Stillwater Gazette Jeanne Landkammer, St. Croix Valley Press APPROVALS ES On motion of Councilmember Bodlovick, seconded by Councilmember Farrell, minutes of the following meetings were approved: (All in favor) 7:00 P.M. Special Meeting 7:30 P.M. September 22, 1984 Regular Meeting 7:00 P.M. October 9, 1984 Special Meeting October 9, 1984 INDIVIDUALS 8 DELEGATIONS BARBARA GEISLER, appeared before the Council regarding the safety of small children when they are waiting to be picked up at the Warm World Care Centers. She felt that there should be some rumble strips and/or blinking yellow lights on Fourth Street and possibly Third Street to alert motorists to be extremely careful in this area. She was informed that it would be out of the question for the yellow blinking lights since the traffic volume would not warrant it and rumble strips are a hazard for snowplowing. MS. MOWRY indicated that the Board has not discussed this and they would like someone from the Council to come to their meeting on the 23rd. MAYOR PETERSON felt that Warm World should provide some kind of guards to watch for the children. The Council took no action on this matter. DONNA PACYGA, of Lebo Sign appeared before the Council regarding a sign that she has made for Vittorio's and which she is unable to have installed due to the sign moratorium. They current signs over the Cve new sign willobeesixteenxtend ver feethe sidewalk. two long. On motion of Councilmember MacDonald, seconded by Councilmember Kimble, the Council granted a waiver to Donna Pacyga to place the two foot by sixteen foot sign for Vittorio's. Ryes--Councilmembers Bodlovik, Farrell, Kimble, and MacDonald. Nays --Mayor Peterson cil ing he political8siigns3that are20 Westpplacedrintthepresidentialrareas and nsuggested dthat tsize theCouncil take some action on this matter and possibly tie it in with the new Sign Ordinance. There was discussion on the matter and it will be turned over to the Committee that is working on the new Sign Ordinance. UNFINISHED D BUSINESS 1. The matter of the Lily Lake Ice Arena Interim Report was held over for the October 30 meeting. onded by ouncilmember Bodlovick,the City 2 On ofAttorneynmadeCthe csecond e reading of ancordinance Centitled "AN ORDINANCE AMENDING CHAPTER 43.02, SUBDIVISION 8 OF THE STILLWATER CITY CODE REGULATING LICENSING AND SALE OF NON -INTOXICATING MALT LIQUOR." (Ordinance No. 626 ) h aThe ordinanell memberscofwtherCounciltvoted yin the affirmative. The after asead scion section fllowd by rocall chair thenputc section the question, "Shall this ordinance pass?" and on roll call the ordinance was unanimously adopted. 3 On Attorney nmadeC thecseconde readiingvofk ans ordinanceecoded yentitledm"AN e MacDonald, ORDINANCEAMENDING THE ZONING ORDINANCE OF THE CITY OF STILLWATER". (Ordinance No. 627) • • • !218 October 16, 1984 - continued The ordinance was read section by section followed by roll call after each section and all members of the Council voted in the affirmative. The chair then put the question "Shall this ordinance pass?" and on roll call the ordinance was unanimously adopted. NEW BUSINESS ilmember 1. On otion of wasmintroducedo"DIRECTINGrTHEcPAYMENT OFCTHEed by BILLS'. (Resolutions No.e resolution 7404) Ayes--Councilmembers Bodlovick, Farrell, Kimble, MacDonald, and Mayor Peterson. Nays --None 2. On motion of Councilmember Kimble, seconded by Councilmember MacDonald the assessments for the Lloyd Anez property in the amount of $5,866.11 with an interest rate of 7.25% was passed. (All in favor) 3. On motion of Councilmember Kimble, seconded by Councilmember MacDonald, a resolution was introduced "ACCEPTING THE WORK AND MAKING FINAL PAYMENT FOR L.I. NO. 213". (Resolution No. 7406) Ayes--Councilmembers Bodlovick, Farrell, Kimble, MacDonald, and Mayor Peterson Nays --None Councimember 4. Onm tio Jacoby of Councilmember authorizedBotodlovbeick, sent toseconded they McGarry-KearneyMInsurance the claim (All in favor) 5. On notion of Councilmember MacDonald, seconded by Councilmember Kimble, the date of November 8, 1984 at 7:30 P.M. was set for the following Planning Commission Cases: 1. Case No. 546 - Request of Norton Tucker, 1301 West Orleans St. for a Minor Subdivision, Variance and Special Use Permit to create three two-family lots (one of which would not front on a public Street.) 2. Case66 - theom Bronson for a building located at 3151 Use South ermit to put Third an apartment on the Third Street, 3. Case No. 559 - Wayne Johnston for a Special Use Permit to construct a duplex in a single family zone on West Orleans Street (west of Greeley Street). 4. Case No. 565 - John Hoffoss for a lot size variance on West Linden Street - west of North Everett Street. (All in favor). INDIVIDUALS & DELEGATIONS - None STAFF REPORTS - CITY COORDINATOR 1. MR. KRIESEL informed the Council that there will be a meeting on Monday, October 29, 1984 at 4:30 P.M. with SEH, the Main Street Commission and the Council regarding the improvements for Water and Nelson Streets. 2. MR. KRIESEL informed the Council that there will be a meeting with ASCME on Tuesday, November 13, 1984 at 4:30 P.M. 3. MR. KRIESEL informed the Council that there will be a meeting with the Public Works Department on October 25, 1984 at 4:30 P.M. 4. MR. KRIESEL informed the Council that there will be a meeting on October 18, 1984 at 7:30 P.M. on the Metro Waste regarding the dumpsites for the disposal of waste haulers. There will be no location in Stillwater for same. COUNCIL REQUEST ITEMS 1. COUNCILMEMBER MacDONALO referred to a letter that he received in the mail regarding the emptying of dumpsters in the early morning hours on North Second Street. No. action taken. 2. COUNCILMEMBER BOOLOVICK reported that she received a letter from Mary Luth indicating that there will no longer be a subsidy to the City for emergency services performed by the Fire Department and asked if she should still attend the EMS meetings and she was directed to continue to attend their monthly meetings. 3. COUNCILMEMBER FARRELL inquired if the revised building program for the library (the hiring of a special architect) was in the budget and he was informed that it is not currently in the proposed budget, but the Library Board is requesting same. 4. MAYOR PETERSON announced the results of the Police Chief Interviews which were con- ducted on Monday, October 15 by Robert Harris, Ray Marshall, Robert Lutz, James O'Brien & Richard Alstad. The following applicants will be interviewed by the full Council on November 3, 1984 starting at 10:00 A.M.: Dennis Beety; Gregory Grose, David Mawhorter, Norman Schaible, John Spetch and Jerome Dolan. The sixth name was selected just in case all five of the other should withdraw. They hope to have a new Chief on board by mid -November. • • • • 219\ October 16, 1984 - continued Councilmember Jay Kimble, who had applied for this position, withdrew his name from the ten finalists and MR. MAGNUSON indicated that he could then be a part of the interviews. Mr. Kriesel and Mr. Magnuson will also be a part of these interviews on the third of November. APPLICATIONS CONTRACTORS On motion of Councilmember Kimble, seconded by Councilmember Bodlovick, the Council approved the following Contractor's Licenses: (All in favor) Aleshire Construction General New 130 Forest Ave., Mahtomedi, Mn., 55115 Industrial Roof Maintenance & The Insulation Co. General Renewal 2321 Oakridge Rd., Stillwater Conklin Construction General New 130 Forest Ave., Mahtomedi, Mn. 55115 J. R. Exteriors General New 3609 Ensign Ave. N., New Hope 55427 Steven R. Johnson General New 942 E. Ivy Ave., St. Paul, Mn. 55101 Kerschbaum Tree Service Tree Trimmers Renewal Box 27, Afton, Mn. 55001 Kittleson Roofing General Renewal 9311 Norell Ave. N., Stillwater Ted Murr, Inc. General New 930 -18th Ave. N.. So.St.Paul, Mn. 55075 Nelson Construction General New R.R.41, Box 37-A, River Falls, Wi. 54022 Norwiss Construction (Ron M. Smith) General -Landscapers New 3341 Stagecoach Tr., Stillwater John L. Peterson Siding -Alum. Steel Renewal R.R.82, Box 104, New Richmond, Wi. 54017 Roofing Michael Rivard Masonry & Brick Work Renewal R.R.41, Box 414, St. Joseph, Wi. 54082 Wolstad-Nelson. Inc. General Renewal 2173 Lilac Lane, White Bear Lk. 55110 BEER PERMIT On motion of Councilmember Bodlovick, seconded by Councilmember Farrell, the Council approved a Beer Permit to Jim Young for a private party at the Labor Temple on Saturday, October 27, 1984. (All in favor) COMMUNICATIONS From Our Lady of Good Counsel Home tahnking the City for the hospital supplies that were given to them. (No action taken) From the State Arbitration Board regarding the Police Arbitration on November 9, 1984. From the Main Street Commission updating the Council on what they are doing. CITY ATTORNEY'S REPORT On motion of Councilmember MacDonald, seconded by Councilmember Farrell, the Council authorized the payment of $262.50 for the license to play music at the Ice Arena - Copy- writed Royalties (ASCAP) as recommended by the City Attorney. (A11 in favor) ORDINANCES Second Reading - Ordinance No. 626 - Hours for Non -Intoxicating Malt Liquors Second Reading - Ordinance No. 627 - Accessory Buildings RESOLUTIONS The following resolutions were read and on roll call were adopted: 1. Directing the Payment of Bills. 2. Final Payment and Accepting the Work for L. I. No. 213 3. Appointing Deputy City Clerk - Kriesel - repass from 9-18-84. ADJOURNMENT On motion of Councilmember Bodlovick, seconded by Councilmember Kimble, the meeting adjourned at 9:35 P.M. Attest: • Any Acting City C erk • •