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HomeMy WebLinkAbout1976-02-10 CC MINalb • • 494 COUNCIL CHAMBER Stillwater, Minnesota Absent: None Citizens None February 10, 1976 7:30 P. M. REGULAR MEETING The meeting was called to order by President Junker. The Invocation was given by Mr. Marshall. Present: Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Thompson and President Junker Also Present: City Coordinator, Marshall; City Attorney, Kimmel; Superin- tendent of Public Works, Shelton; Public Safety Director, Abraham- son; Director of Parks & Recreation, Blekum; Consulting Engineer, Elliott; Planning Commission Chairman, Hansen Press: St. Paul Dispatch - Jim Broede Stillwater Evening Gazette - Bob Liberty Dr. & Mrs. Ron Pizinger, Dennis Sullivan, Orrin Thompson, Gary Thompson, Harvey Kaplan, Mr. & Mrs. Gary Storbakken, Al Roepke, Bob Brothen, Mr. & Mrs. Don Fulton, James Weaver, Jim Murphy, David Jones, Ron Woessner, John DeCurtins INDIVIDUALS - DELEGATIONS- PETITIONS • UNFINISHED BUSINESS 1. On motion of Councilman Thompson, seconded by Councilman Peterson, a fee of $200.00 per year was set fcr the "ON SALE WINE LICENSE ". (all in favor). On motion of Councilman Thompson, seconded by Councilman Peterson, the clerk made the second reading of an ordinance entitled "AN ORDINANCE AMENDING ORDINANCE NO. 461 OF THE CITY OF STILLWATER ENTITLED "AN ORDINANCE LICENSING AND REGULATING THE SALE OF INTOXICATING LIQUOR IN THE CITY OF STILLWATER REPEALING INCONSISTENT ORDINANCES AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF ". 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. (see ordinances) 2. A "DNR PERMIT" to place a temporary equilized pipe through Interlachen Ave. between Long Lake and (2) un -named ponds on DNR property. This pipe shall not exceed 30" diameter and shall have an invert not lower than 890.0. Excavation to day light, the culvert north of Interlachen for a distance not to exceed 50 feet, for the purpose of providing for flood damage reduction and staging for permanent outlet for Long Lake. SPECIAL PROVISIONS 1. The City shall obtain flowage easements or fee title to elevation 893.0, for all properties north of and adjacent to the DNR property. 2. The City of Stillwater and Stillwater Township shall by restrict filling, building, or any encroachment around Long Lake below elevation 893.0 and shall require all structures to have first floor, including basements, elevations at or above 896.0. Variance for insignificant fills may be permitted upon approval by both governmental entities and after consultation with the DNR Regional Hydrologist. 3. The City of Stillwater and Stillwater Township shall require all new development plats to provide adequate on -site storage to ensure that peak runoff to Long Lake is not significantly increased as a result of the development. 4. The City of Stillwater, Stillwater Township and Washington County shall diligently cooperate in formulating a reasonable long term outlet for Long Lake by June 30, 1976. • 3 • • • February 10, 1976 5. The Stillwater Township shall by resolution approve of the temporary — culvert installation thru lnterlachen Avenue and authorize the City of Stillwater to make application on behalf of the two communities. HARVEY KAPLAN, attorney for Orrin Thompson, made reference to a November 20, 1975 letter to the City Coordinator from Mr. Harnack in that condition No. 3 will not be affected by the Croixwood 7th Addition and there are options to purchase these two locations that are in question. RON WOESSNER, 7100 Mid Oaks Avenue, stated that Long Lake went up eight feet in July and August and all of these references are made to the spring rains. MR. ORRIN THOMPSON stated that if the lake would have been one -third larger Dr. Pizinger's hone would not have had the problems that they have had. MR. WOESSNER stated that you are going to fill up another area and since we have gotten this far and we have held off that we should stick with the resolution of September 5th that we hold up all the building permits until all the problems are solved. It is a step in the right direction and if nothing happens in the spring we will have done the right thing and there are still some dollars to work out on this matter. DUANE ELLIOTT stated that the portion of Croixwood 7th Addition which formerly drained to Long Lake will continue to drain to Long Lake. The northerly portion of the 7th Addition drains to the DNR pond and nothing has been changed - the direction of the drainage has remained the same. The drainage of the water from Long Lake is the means to which Long Lake can be lowered. MR. KIIMIEL stated that this will reduce the level of the lake without a summer last year and will provide storage for an average spring and this is not the last thing that we are going to have to do. It is apparent that we have to provide a run -off at 893 feet or below. DUANE ELLIOTT - the permanent solution is still subject to debate. The $15,500 figure is for two large pipes under Interlachen. An open ditch which was recommended at the time would allow an access from Long Lake to the DNR pond by canoe or boat and that this would be a cut into a Township Road. The $15,500 is for two large oval pipes under lnterlachen with 600 feet of ditch and this does not include any easements under Interlachen. MR. KAPLAN stated that the development of the Croix 7th Addition is not going to sufficiently increase the problems of Long Lake and the property surrounding the lake. The Croixwood 7th Addition is going to built and it is going to be developed now. If the permits are not issued now, the crews are going to be laid off which doesn't make good economic sense to delay the permits. He further stated that we could take Mr. Thompson's word that he will cooperate in this matter. He also had the check for the $15,500. MR. DAVID JONES, 7079 Mid Oaks Avenue, voiced concern about this development and also the effect from the development of the Hooley -Feely property and the Hauge proposed development. ORRIN THOMPSON said that at a special mating he specifically asked Mr. Harnack about last year's hundred year storm if the Croixwood Addition had not been here what effect it would have had on the level of Long Lake and he said it would have been about the same and it would have been measurable. He further stated that they agreed to the $15,000 that the City asked for. MAYOR JUNKER asked Mr. Woessner if Mr. Harnack gave any compromise that the water will get to McKusick Lake eventually and MR. WOESSNER said there are a lot of unknowns - nobody knows what it is going to cost to go to the DNR pond and out. He thought we should put the temporary pipe in and be aware of the fact that there is a lot more in front of us and that County Road No. 12 is probably going to be a help to the situation. On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, that the City authorize the issuance of 34 building permits on Inter - lachen and the two cu' -de -sacs and that Orrin Thompson agree to put in a surface on Interlachen Drive as soon as possible. (see the vote on this motion on page ) COUNCILMAN PETERSON made reference to the resolution adopted when the plat was adopted and he felt that as long as we are this close that we get the total solution done now and we won't have to talk about it when Hooley or Hauge come in with their proposal - he felt that they should follow the original resolution and not allow the permits to be issued until we comply with this resolution. COUNCILMAN MAHONEY felt that we are inconveniencing the citizens of Stillwater needlessly. 495 • • 4 • 4 • • 496 February 10, 1976 COUNCILMAN PETERSON continued to say that it is best that we wait until the job is finished before we allow the permits and then we would not have to be concerned about water problems, the fish or County Road No. 12. MR. ELLIOTT stated that this preliminary outfall could be a part of County Road No. 12 but he did not know their plans for this construction. MR. MARSHALL stated that they would possibly have a receipt of bids around June first with the crews to come in about July first - at least 30 days or about August first. ORRIN THOMPSON stated that once they stop construction they move out the crews that sell They thelfinalesolut problems in solution. MR. WOESSNER asked how Stillwater Township feels about this and MR. BORSHEIM stated that the while solution of this drainage has to happen in the Township and would have to be approved by Stillwater Township and asked that any decisions be held off until there is a preliminary solution on the drawing board. A RESIDENT on Marine Circle complained about a wet basement in this home in Croixwood for the past 18 months and asked how long before Mr. Thompson was going to take care of the matter. He felt that it is not only the residents on Long Lake that we are talking about but anyone who bought homes from Orrin Thompson who have basements below the 894 level - there are other people with the same problems and nothing has been done about it. DON FULTON, 7190 Mid Oaks Avenue North, cited items from the Orderly Annex- ation resolution and questioned why the City of Stillwater should have to fund Orrin Thompson's problems. MAYOR JUNKER DECLARED A RECESS FROM 8:30 to 8:45 P. M. COUNCILMAN MANONEY moved that we have the question and the following was the vote on the motion -- AYES-- Councilwoman Bodlovick, Councilmen Mahoney, Thompson and President Junker NAYS -- Councilman Peterson On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the question of the resolution from Stillwater Township on this problem be referred to City Attorney, Mr. Kimmel, the Stillwater Township Attorney, and Mr. Thompson's attorney and that they report back as soon as possible and if a special meeting is needed, the Council will have a special meeting and the citizens will be notifed to consider this matter. (all in favor). 3. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the appoint- ments to the Joint Planning Commission will be considered at the March 9th meeting since the Stillwater Commission would like to have one of their members on this Commission. (all in favor) 4. pproved contractsnforhthe seconded Departments Council AYES -- Councilwoman Bodlovick, Councilman Mahoney and President Junker NAYS -- Councilmen Peterson and Thompson NEW BUSINESS 1. ICE ARENA FREE ICE POLICES COUNCILMAN MAHONEY stated that according to the ordiance creating the Recreation Commission they were given the authority for the operation of all recreational facilities in the City of Stillwater and the polices that they set up are the ones that should be adhered to. COUNCILMAN PETERSON stated that in March of 1975 the Recreation Commission authorized that Bob Brothen was given the authority to let someone use the open hours that were not sold. Discussion was held about charging or not charging for open skating hours and it was agreed that scheduled open skating hours or time should be subject to the regular admission charges. • • • • • • • February 10, 1976 COUNCILMAN MAHONEY felt that the Council was unnecessarily taking authority away from the Commission that was set up to do. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, that we allow the Manager of the Ice Arena to give away time that is not sold to whomever requests it within 24 hours that the public citizens of the City of Stillwater will be able to use it at no charge within that 24 hour period. If the Manager is able to sell that time, then the free time authority will be unable to use it. If the time is rented it can be done so at a reduced fee if that becomes necessary. AYES -- Councilwoman Bodlovick, Councilmen Peterson, Thompson and President Junker NAYS -- Councilman Mahoney. UNFINISHED BUSINESS - continued 5. On motion of Councilman Peterson, seconded by Councilman Mahoney, the City Coordinator was directed to set up a meeting with the Fire Department personnel for next week to discuss salary negotiations. (all in favor) 6. On motion of Councilman Peterson, seconded by Councilman Mahoney, the matter of salary adjustments for the supervisory employees was deferred to the next Council meeting. (all in favor). 7. The Merrill Stahl Assessment Appeal was for $500 trespass from the contractors ($250 from each of them) and $1,350 on the assessments or a total of $1,850. At 0 a previous Council meeting the Council offered to settle for $500.00. I n COUNCILMAN MAHONEY moved that we offer to pay Merrill Stahl $850 for the ten foot easement which is 200 feet long in return for his dropping the assessment appeal and since there was no second to this motion it was declared dead. THE MAYOR DECLARED A RECESS FROM 10:20 to 10:30 P. M. NEW BUSINESS - Continued 2. On motion of Councilman Mahoney, seconded by Councilman Peterson, the Council approved the use of the Lily Lake Park for the Jaycee's Ice Cream Social on January 29, 1976. (all in favor) 3. On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, a resolution was introduced employing Margaret Ann Aiple as a secretary for the Police Depart- ment at a salary of $526 per month effective February 16, 1976. (all in favor - see resolutions) 4. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, Dr. Jerome Schulz of the Greeley Street Clinic was named as a City Health Officer to replace Dr. F. M. McCarten who is retiring. (all in favor). 5. There has been a change of personnel at the Minnesota Transportation Museum and the plans for Engine 328 are uncertain and the Committee from Stillwater who have been working on Engine 328 would like to continue to work on this project to have same restored for use in the City of Stillwater. The members of the Committee are Ken Johnson, Councilman Mahoney, Bob Thompson and Ray Marshall. 6. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, a resolution was introduced "DIRECTING THE PAYMENT OF THE BILLS ". (all in favor) 000 INDIVIDUALS - DELEGATIONS - PETITIONS. None 497 , APPLICATIONS On motion of Councilman Peterson, seconded by Councilman Mahoney, the Council approved a REGULAR ON SALE LIQUOR AND SUNDAY LIQUOR LICENSE AND LIQUOR LIABILITY INSURANCE for the "THE PUB" - Sandra Montpetit, 231 E. Myrtle Street and 106 South Main Street effective February 11, 1976. (all in favor - a transfer) On motion of Councilwoman Bodlovick, seconded by Councilman Peterson a 3.2 Off Sale Beer License was granted to Jack Hooley tiooleys' Supermarket, Inc.), 405 East Myrtle Street, Stillwater. (all in favor - renewal) • • • • • • 498 February 10, 1976 On motion of Councilman Mahoney, seconded by Councilman Thompson the following Cigarette Licenses were granted - Harold Chatterton - Bud's Standard Service Station 204 N. Main Street, Stillwater Renewal Sandra A. Montpetit - The Pub 106 S. Main St. & 231 East Myrtle Street, Stillwater Transfer (all in favor) On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the following Contractor's Licenses were approved: (all in favor) Leo Lengyel - Leo's Excavating 2275 Neal Avenue, Stillwater Excavators Renewal Earl W. Schmotter 15340 PAnorama Avenue No., Stillwater General New Kenneth L. Zaffke - Brick & Stone, Inc. 3220 Rimbley Rd., St. Paul, Mn. 55119 Masonry & Brick Work Renewal NEW BUSINESS - CONTINUED 7. On motion of Councilman Peterson, seconded by Councilman Mahoney, a resolution was introduced "MAKING FINAL PAYMENT TO ARCON CONSTRUCTION CO., AND ACCEPTING WORK FOR LOCAL IMPROVEMENT N0. 131 ". (all in favor - see resolutions) COMMUNICATIONS From Chester S. Wilson resiging from the Park Board. On motion of Councilman Peterson, seconded by Councilman Mahoney that a resolution of commendation be sent to Mr. Wilson for his years of service on this Board. (all in favor) From Ronald A. Anderson resigning from the Recreation Commission. On motion of Councilman Peterson, seconded by Councilman Mahoney, Mr. Anderson's resignation was accepted with regret and the City Coordinator was directed to send a letter of thanks for his years of servics. (all in favor) From the Stillwater Township Board of Supervisors regarding Park Land Acquisition. No Action at this time From John Shelton to James Peterson regarding a septic tank problem at 2310 Boom Road. The house is vacant at the present time and Mr. Peterson will take care of the matter before he rents it again. From Dick Olsen regarding property on North Third Street about which we wrote him on January 14, 1976. He advised that the Alderman House will be torn down and the old Youth Center Building will be sold and remodeled and brought up to code. (no action). From Croixgate Land Co., Inc.,Golden Valley detailing the list of businesses which they propose to establish on the Hauge Property. No action. CITY COORDINATOR'S REPORT 1. On motion of Councilnan Peterson, seconded by Councilman Mahoney, the dates of March 9 and March 23 were set for the public hearings for the Community Development Projects. (all in favor) 2. Mr. Marshall informed the Council that they have other proposals for the Elderly Housing and he will nontinue to work on them and report back. 3. The League Legislative Conference will be held on February 18th and he reques.ed volunteers to attend this conference. • • • 1 4 • . a • • February 10, 1976 • • v 4. Mr. Marshall distibuted to the City Council a copy of the Sewer Separation Audit which has been completed. 5. The Planning Commission has completed the High Density Multiple Dwelling Ordisnce and Mr. Kimmel will check it out and bring it back for Council action. 6. There was some question about the motions regarding the building permits for the Croixwood Seventh Addition and Mr. Marshall asked for clarification. On motion of Councilman Peterson, seconded by Councilman Thompson that the Council reconsider action taken regarding the building permits for the Croixwood Seventh Addition. (all in favor) 7. On motion of Councilman Peterson, seconded by Councilman Mahoney that the motion regarding the issuance of 34 building permits for the Croixwood Seventh Addition be tiled until after the meeting of the three attorneys. (all in favor) 8. On motion of Councilman Peterson, seconded by Councilman Mahoney, that the City of Stillwater obtain some property north of the Golf Course which has gone tax forfeit. (all in favor) 9. On motion of Councilman Peterson, seconded by Councilman Mahoney, that the City of Stillwater obtain Lots 3 and 4, Block 7 of Staples and Mays Addition which has gone tax forfeit. (all in favor) 10. On motion of Councilman Mahoney, seconded by Councilman Petersor, the date of the second Council meeting in February would be changed to Monday, February 23, 1976 due to caucus night being scheduled for the 24th. (all in favor) 11. On motion of Councilman Mahoney, seconded by Councilman Thompson, the date of March 9, 1976 was set for the public hearing on Case No. 215 - Special Use Permit for Will Turnbladh to build a kiln for the manufacture of pottery at 236 South Main Street, Stillwater. (all in favor) CONSULTING ENGINEER'S REPORT No report COMMITTEE REPORTS PUBLIC SAFETY 1. On motion of Councilwoman Bodlovick, seconded by Councilman h Mahone, t the salaries for the Police Reserves will be increased 750 per March 1, 1976. AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson and President Junker NAYS -- Councilman Thompson 2. The Fire Chief has requested the purchase of a used car with the money received from the sale of Engine No. 5 and no action was taken at this time. PUBLIC WORKS No report ADMINISTRATIVE COMMITTEE No report PARKS AND RECREATION No report CITY ATTORNEY'S REPORT No report • • 499 \ f • • • • COUNCIL REQUEST ITEMS 1. MAYOR JUNKER requested that the purchases for hardware items and vehicle maintenance supplies be split among the dealers in the area or the City of Stillwater - dealers who live in the City of Stillwater. 2. COUNCILMAN THOMPSON made some comments regarding the concession stand at the Lily Lake Ice Arena. QUESTIONS FROM PRESS REPRESENTATIVES None ORDINANCES Second reading - AN ORDINANCE AMENDING ORDINANCE NO. 461 OF THE CITY OF STILLWATER- AND ORDINANCE LICENSING AND REGULATING THE SALE OF INTOXICATING LIQUOR IN THE CITY OF STILLWATER REPEALING INCONSISTENT ORDINANCES AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF ". RESOLUTIONS The following resolutions were read and on roll call were unanimously adopted: 1. Directing the Payment of the Bills. 2. Employing Margie Aiple as Police Secretary 3. Commendation for Chester Wilson - Park Board 4. Making Final Payment and Accepting Work for L. I. No. 131 - Arcon Construction ADJOURNMENT On motion of Councilman Thompson, seconded by Councilman Mahoney the meeting adjourned at 11:00 P. M. Atte February 10, 1976 r • • • 1