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HomeMy WebLinkAbout1976-03-23 CC MIN• • • r • kka COUNCIL CHAMBER Stillwater, Minnesota March 23, 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 Bodiovick, Councilmen Mahoney, Peterson, Thompson and President Junker Absent: None Also Present: City Coordinator, Marshall; Assistant City Attorney, Holsten; Superintendent of Public Works, Shelton; Public Safety Director, Abrahamson; Director of Parks and Recreation, Blekum; Consulting Engineer, Elliott; Planning & Zoning Commission Chairman, Martin Hansen Press: Stillwater Evening Gazette - Bob Liberty WAVN -John Hanvelt Citizens: Dr. Ronald Pizinger, Mr. & Mrs. Ted Gillen, Mr. & Mrs. Harry Seekel, Clay Newman, Mr. & Mrs. Herbert Peterson, Steven Peulen, Mr. & Mrs. Howard Peulen, Sandra Montpetit, John Hinz, Jon Meister, Merl Meister Glenn Wendorf, Mary Ives, Mr. & Mrs. Gerald Benson, Dennis Sullivan, Wayne Wohlers, Al Borsheim, Gerald Wallace, George Kutz, Mr.& Mrs. Peter Thueson, Jim Vinar, Gerald Wallace WASHINGTON COUNTY HIGHWAY DEPARTMENT STAFF -- Charles Swanson, Dick Harold, Mark Mattson, George Smith INDIVIDUALS - DELEGATIONS- PETITIONS 1. This was the day and time set for the public hearing on Case No. 216, side yard variance for George Regis, 721 South Everett Street. The notice of hearing was published in the Stillwater Gazette, the official newspaper of the City on March 10, 1976 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. No one appeared in favor or opposed to this request. The Planning Commission recommended the granting of this variance. The Mayor closed the hearing. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Council followed the recommendation of the Planning Commission and granted the necessary variance to George Regis for the addition to his home at 721 South Everett Street. (all in favor) 2. This was the day and time set for the public hearing on Case No. 217, Special Use Permit for Steven Peulen for an Antique Shop at 113 North Third Street. The notice of hearing was published in the Stillwater Gazette, the official newspaper of the City on March 10, 1976 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. No one appeared in favor or opposed to this request - Mr. Ieulen was in attendance but made no comments on this request at this time. The Planning Commission recommended approval subject to compliance with the comments and recommendations of the Building Inspector, said permit to be granted for one year, at which time it will be reviewed and considered for renewal. The Mayor closed the hearing. • 1 • • • • 46 March 23, 1976 - continued On motion of Councilman Thompson, seconeed by Councilman Mahoney, a resolution was introduced "GRANTING A SPECIAL USE PERMIT TO STEVEN PEULEN FOR AN ANTIQUIE SHOP at 113 North Third Street, subject to the recommendations of the Building Inspector and permit to be ranted for one year. AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Thompson and President Junker NAYS - -None (see resolutions) 3. This was the day and time set for the presentation by Washington County of the County Road No. 12 - Myrtle Street Corridor hearing. MAPLES SWANSON, Washington County Highway Engineer, briefly outlined the pro- posed route for the alignment of County Road No. 12 - and then DICK HAROLD in charge of the design continued. The rural segment will contain two - 12 foot driving lanes and then foot gravel shoulders with a 42 foot center line. There will be a bicycle path separated from the roadway itself. The portion east from Brick Street would be an ur -an section, the same as was constructed on Owen Street last year - 44 foot bituminous section, center 24 feet for driving lanes and ten foot shoulders for parking lanes with sidewalks on both sides and storm sewer drainage which will be underground. The rural accesses will be controlled with selected locations. MARK MATTSON, Assistant Engineer from Washington County, explained that this is a County State Aid Road and the financing would come from three sources - County State Aid Funds, the County Road and Bridge Fund and Municipal Funds which will come from assessments. The total cost f the t esimated ata$630,000 $500,00 for construction; $ o00000 for right-of-way is q Municipal costs of about $30,000. DUANE ELLIOTT reported that the City is proposing the replacement of water ser- vices which are currently galvanized and which have outlived their time limit and they will now become copper as has been the City policy in the past few years before a major City street is improved. The estimated cost of the water services is $4,000, the sidewalk and street work - $26,000. Then there is a forcemain for potential sewer service to the west for sanitary sewer - $24,100. HARRY SEEKEL, 102 South Sherburne, asked when the project would get underway and he was informed that they hope to commence in the very near future and to award a contract in June of this year. MR. CLAY NEWMAN, 7143 Manning Avenue North, questioned why a North /South corridor was not provided for in the Croixwood Addition when the permits were issued for this development. He felt the corridor was nor provided because it would have depreciated the property owned by Orrin Thompson Homes. People do not want to build or buy homes on a traffic corridor as it devaluates the property. He felt Orrin Thompson had undue influence with the staff people of the City of Stillwater, in- cluding the engineer, the City Attorney and the City Planning Coordinator. Further if that corridor had been provided the new 12 that is proposed here tonite would not have to proceed west any further than that corridor which would have been considerably west of Brick Street. Very few or no people within the City would have had their property value depreciated by this proposed corridor that the County now proposes to build. Also they will possibly be assessed for the new proposal and this whole project is another way for the City to subsidize Orrin Thompson Homes. AN ATTORNEY REPRESENTING CONCERNED CITIZENS IN GRANT TOWNSHIP raised several questions about the quarter mile that will run into their Township and which at some future might continue beyond this point and distance. CHUCK SWANSON stated that they are running this one - quarter mile into Grant Town- ship to connect with the corridor that is there it makes a safer connection with the but it may never be built. corridor five year program time , MRS. EUGENE BOYCE, 1222 W. Myrtle Street, asked about the imp.uvements within the City and in particular about the water services and MR. ELLIOTT explained that the only ones receiving water service replacements would be assessed for them. MR. TED GILLEN, 1011 West Myrtle Street, asked why they have taken this pattern and design instead of following the old plan and MR. SWANSON stated that the majority of the traffic goes to the south of County 15. The present route is a narrower right -of -way and would necessitate a considerable amount of damage to front yards and property acquisition. P. CITIZEN raied the questions about the maintenance of Boutwell Road and Mr. Swan- son stated that it would become a part of Stillwater Township and be maintained by them even though it is a bus route. A CITIZEN asked about the former alignment which was proposed for the new road and the changes made - concerned about the pond in the area which is owned by the DNR and also asked as to what effect it would have on their property taxes with this new improved road. • • • • • March 23, 1976 - continued 11 w ser MR. SWANSON admitted that he was not a tax expert but he stated that it should have little no effect on their taxes until they sell or change the use of the property they now own, although he felt an improved road was an asset to a piece of property. IDOR PEDERSON, County Commissioner, did not feel that it should have any great effect on their property taxes. MR. NEWMAN again voiced his concern about a corridor through Orrin Thompson's development and that his property value would go down because of this corridor. He also added that it someone owns a considerable amount of land it is up to him to provide his own roadway and sery ice lane according to this plan. He said there is no North /South Corridor between Grant Township and the St. Croix River. MR. SWANSON said that County Road No. 5 is a North /South Corridor. A CITIZEN asked about the traffic increase on Myrtle Street and MR. SWANSON cited that fact that the latest figures he has showed 1,700 cars per day and it could increase to 5,750 by 1985 and that it could become equivalent to County Road No. 5; west of Brick the figures now are 1,800 and they are projected to 3,500. The questions was raised about the speed limit on this road and MR. SWANSON stated that they would have to request same from the Highway Department to established the speed on the reconstructed street - they cannot set these speed limits. Questions were raised about the ponds stated that the City has a pump which pond if that becomes necessary. MR . SWANSON stated that this would be be restriction as to weight limitation THE MAYOR DECLARED A RECESS FROM 8:30 to 8:45 P. M. on the west end of Echo Lane and MR. ELLIOTT could be used to lower the level of this nine ton axel road limit and there will not s . There were a few minor questions raised following the recess and then the Mayor closed the hearing. UNFINISHED BUSINESS 1. AN ORDINANCE AMENDING ORDINANCE NO. 461, REGULATING THE SALE OF INTOXICATING LIQUOR, BY RAISING THE LICENSE FEES (ON SALE LIQUOR) MR. MARSHALL informed the Council that Club fees are set by State Law at $100 and that the "On Sale LIquor are set by the Municipalities. JIM MEISTER, 901 South Fourth Street, owner of Jim's Bar & Grill, was oppoed to having the individuals in this type of business to be penalized to pick up the City's revenue. The bar owners were required to have Dram Shop Insurance a few years ago which costs $1,300 per year and he felt hat this increas which is 33 -1/3% is a rather high increase. He also felt that other businesses should be taxed in some manner to help to finance some of the City's increased costs. COUNCILMAN PETERSON stated that the Dram Shop Insurance is something that they can do nothing about and the liquor license proposed increase was due to the fact that the police arbitration was so great and it was felt that the bars in town account for a good share of the police calls. JIM MEISTER said he hasn't had any police calls in 23 years and he felt that the filling stations are more of a problem with the teenagers that loiter there and did not feel that they should be taxed for these problems. COUNCILMAN THOMPSON asked about the fee charges in the neighboring communities and MR. MARSHALL cited numerous fees from surrounding communities. COUNCILMAN THOMPSON said the arbitration award brought the police up to the Metro standards and that our liquor license fees, building permit fees all should come into line with the metro standards also. JIM MEISTER stated that they are in competition with the Clubs downtown and Bayport and across the river - without any great tourist trade they do not have that much business - they are competing with a $100 license fee. MAYOR JUNKER voiced his opposition to this proposed increase. • • • 1 1 4 ( 18 March 23, 1976 - continued MERL MEISTER felt that it is not necessary to have the Dram Shop Insurance and that this was up to the City Council. MR. MARSHALL stated that the City Council had adopted this Ordinance in which this was required. MERL MEISTER added that it costs him $266 per month to open up just with the City licenses and there are other fees involved. JIM MEISTER said they have no control over the Clubs and he asked that the Council raise the license by the $500 and then give them the option on the Dram Shop Insurance. On motion of Councilman Mahoney, seconded by Councilman Peterson the Council deferred action on the second reading of this Ordinance until the next Council meeting and instructed the City Attorney to come back with a recommendation on the Dram Shop or the bond for the "On Sale Liquor" Licenses. (all in favor) 2. On motion of Councilman Peterson, seconded by Councilman Thompson, the Clerk made the second reading of an ordinance entitled "AN ORDINANCE AMENDING ORDINANCE NO. 502, ADCPTING CONSTRUCTION CODES, BY INCREASING THE FEE SCHEDULES ". The ordinance wa5 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 questio), "Shall this ordinance pass ?" and on roll call the ordinance was unanimously adolted. (see ordinances) 3 -4. CHIEF WALLACE ABRA'u1MSON explained the complete scheduling in his department - he had submitted this in writing and he clarified portions of this report and answered their oi.estions. He stated 'hat the Cn.mcil will investigate felony crimes of Class #1 but that most of our crimes are misdemeanors in which the City has to investigate. They use tht County Investigator for taking fingerprints and other things to the crime lao, but he prefers to use his own crews for the other investigation work. COUNCILMAN PETERSON felt that we should take advantage of the Count' services when they are available which give us more of our men to do the things that won't be done by the County. MR. ABRAHAMSON stated that our crime rate is down - Edina was first and Stillwater was second in the use of their officers in this score. There is no overtime for regular officers except for court cases. LLOYD BODLOVICK, felt that the local police are not being overpaid and they are doing a heck of a good job and he did not want to see a policeman lose his job. TED GILLEN said the problem before the Council is a real one. We have had ten men since 1971 and 8 men prior to that. The salaries which have come about now should have come about a number of years ago and standards have to come and if they were to poll the people they would be willing to pay another mill. COUNCILMAN PETERSON stated that in 1971 we had ten uniformed officers and we added an extra man and a secretary, and another unit was added the County Investigation Unit which we are able to take full advantage of as well as anyone else. MR. ABRAHAMSON said that Officer LaMotte was added to replace Mr. Gedatus. COUNCILMAN PETERSON said that the girl was added to this department to take care of the extra paperwork so that the officers could be doing other things. MAYOR JUNKER said that Mr. Marshall says we are pretty good until August and then we can see how we stand at that time and attempt to solve this problem at that time. COUNCILMAN PETERSON stated that he is opposed to taking any money out of Revenue Sharing - this aould be a lasting expenditure. DR. RONALD PIZINGER, 2803 Interlachen Drive, added that he had lived in high crime areas in the South and basically what has happened there is an increase in the amount of crime and it takes policemen to take care of these problems. He did not feel that it was fair to decrease the number of policemen at this time. GEORGE KUTZ said that the taxpayers can only take so much; he was opposed to having a City Engineer and other expenditures in the City management personnel. COUNCILMAN PETERSON felt that the Council should have monthly reports on the Budget and felt it is worthwhile to have a close eye on all the expenditures and he asked that they get a monthly report and then they can figure out where they can get the money. 5. On motion of Councilman Peterson, seconded by Councilman Mahoney, the requested Bond Reduction for the Croixwood Developments was referred to the Consulting Engineer and the Superintendent of Public Works with action to be taken at the next meeting. (all in favor) r • • • '1 • • r I s 3. On motion of Councilman Peterson, seconded by was introduced "DIRECTING THE PAYMENT OF THE AYES -- Councilwoman Bodlovick, Councilmen and President Junker NAYS - -None James Borden 215 West Laurel, Stillwater John C. Meeds - Meeds Construction 518 N. Third St., Stillwater Minnesota Exteriors, Inc. 700 Hamel Road, Hamel, Mn. 55340 Glenn Rehbein Excavators, Inc. 7309 Lake Drive, Lino Lakes, Mn. 55014 Wallmaster, Inc. 1141 W. Montana, St. Paul, Mn. 55108 (all in favor) March 23, 1976 - continued NEW BUSINESS 1. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Council approved the Excavator Bond for James Borden dba James Borden Excavation in the amount of $5,000. (all in favor) 2. On motion of Councilman Thompson, seconded by Councilman Mahoney, the Clerk was directed to advertise for bids for the Sealcoating Project for 1976 with said bids returnable on Tuesday, April 20, 1976 at 3:00 P. M., CST. (all in favor) Councilman Mahoney, a resolution BILLS ". Mahoney, Peterson, Thompson (see resolutions) 4. On motion of Coun dlman Mahoney, seconded by Councilman Thompson, the date ® of April 6. 1976 at 7:30 P. M. was set for the Public Hearing on Case No. 220 for a Special Use Permit for the Coggin Candy Company. (all in favor) INDIVIDUALS - DELEGATIONS - continued 1. DR. RONALD PIZINGER, 2803 Interlachen Drive, called the Council's attention to the mud and silt that has accumulated in the pond behind his home which has come off Interlachen and Northland. The water brings the mud down into the pond and has created a huge peninsula. There is some evidence of erosion on Long Lake and he did discuss this with Mr. Marshall and it is his understanding that the City will remove the s -'.: from the pond on a as- needed basis and he assumed that when weather permits that something would be done about this. DUANE ELLIOTT stated that he had talked to Don Patton about this and he had said as soon as the frost came out they would take care of this matter and they have been warned. MAYOR JUNKER asked that Duane and Jack take care of this matter. COUNCILMAN PETERSON said that we should write a letter and see what is being done about it. 2. GEORGE RUTZ asked about the Long Lake Outlet Hearing and he was informed that the date had been changed to April 12th at 7:30 P. M. at City Hall. &PPLICATIONS On motion of Councilman Mahoney, seconded by Councilman Peterson the following Contractor's Licenses were approved: General General General Excavators Renewal Renewal New New Siding & Home Improvements Renewal COMMUNICATIONS From Stillwater Snowmobile Club regarding the development and maintenance of a trail utilizing the old abandoned trolley track right -of -way between Stillwater and Willernie. (no action) From David W. Carlson, 1120 North First Street, submitting his resignation from the Stillwater Volunteer Fir_ Department and the Stillwater Fire Department Relief Association. • • • • • (March 23, 1976 - continued) 1. On motion of Councilman Peterson, seconded by Councilman Mahoney, a resolution was introduced "Commending David W. Carlson for the years of a service in the Stillwater Volunteer Fire Department. AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Thompson and President Junker NAYS- -None (see resolutions) 2. On motion of Councilman Peterson, seconded by Councilman Mahoney, a resolution was introduced "PROMOTING LEN SCHRADE TO CAPTAIN OF THE THE STILLWATER VOLUNTEER FIRE DEPARTMENT EFFECTIVE April 1, 1976 ". AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Thompson and President Junker NAYS - -None (see resolutions) 3. On motion of Councilman Peterson, seconeed by Councilman Thompson, a resolution was introduced "EMPLOYING DAVID C. CHIAL AS A MEMBER OF THE THE STILLWATER VOLUNTEER FIRE DEPARTMENT ". Ayes -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Thompson and President Junker Nays- -None From AndrewsenRealty giving the City the appraisal on Lots 1 thru 12, Block 23, except parts platted as Fairmeadows No. 2, McKinstry 7 Seely Second Addition to Stillwater. Mr. Marshall will check out the possibility of selling this property. CITY COORDINATOR'S REPORT 1. The Long Lake Outlet Hearing has been re- scheduled for April 12, 1976 at 7:30 P. M. at LLe City Hall. The cut has been made in the culvert on County Road No. 5 and this pond should be down to where it should be shortly. Dr. Pizinger still has a problem until we get this final solution. 2. Mr. Marshall reported to the Council that the first water meter reading for the Maple Island Plant is 3,000,000 gallons for the first quarter. On motion of Councilman Peterson, seconded by Councilman Mahoney, the City Coordinator was instructed to write a letter to Maple Island indicating the result of the first month's reading on the water usage for their sewer charge. (all in favor) 3. Discussion was held regarding the rates for the Commercial users of the sanitary sewer system Currently they are figured on the same basis as the residential and based on consumption of water in January- February and March and he felt that some other rate should be used as some of them have air conditioning and use considerably more water in the summer months. He will have the staff come up with some usage figures and see what they come up with and present same at a future Council meeting. 4. Mr. Marshall informed the Council that the Municipal Commission made an order rejecting the Oark Park Heights petition for the annexation proposal on Oasis Avenue and accepted the petition from the City of Stillwater. 5. Mr. Marshall asked about the possibility of selling our bicycle licenses to all of the surrounding communities and it was suggested that the contact Mr. Nordeen on this matter. 6. On Motion of Councilman Peterson, seconded by Councilman Mahoney, the City Coordinator was authorized to use the wooden floor which is stored at the arena on a temporary basis in Lowell Park for the Lumberjack Activities. (all in favor) CONSULTING ENGINEER'S REPORT 1. Mr. Elliott informed the Council that it will be necessary to acquire some property worth of the DNR pond for the ditch to the pond and that this should possibly be done prior to the hearing on the 12th of April. We could work with the County on this when they acquire the land for the right -of -way for the ditch by Benson and Cherrier. On motion of Councilman Peterson, seconded by Councilman Mahoney, the City Coordinator and the City Engineer were instructed to get an option on the Benson and Cherrier ditches. (all in favor) • • • • • MO 1 ADMINISTRATIVE None CITY ATTORNEY No report QUESTIONS FROM THE PRESS None March 23, 1976 - continued COMMITTEE REPORTS PUBLIC SAFETY 1. Mr. Abrahamson stated that the bar calls did account for under 47, of their calls in the downtown area of the City of Stillwater. 2. The patrolling of the newly annexed property on Oasis Avenue takes 88 minutes per eight hour shift. 3. Mr. Dean Charlsen has requested the purchase of a weather forecaster and this matter will be checked out to see if we need same since Washington County already has one. PUBLIC WORKS 1. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Superintendent of Public Works was directed to get written quotes on the wheel work on the grader. (all in favor) 2. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Superintendent of Public Works was authorized to rent a grader to take care of the unpaved roads in the Dutchtown Area of the City. PARKS AND RECREATION, 1 On Councilma hedule for the lifeguards was carried moveraforet the two weeks. (all in favor) 2. Mr. Blekum informed the Council that the Arena will be closed this Sunday night - March 28th. APPROVAL OF MINUTES On motion of Councilman Peterson, seconded by Councilman Mahoney, the minutes of the following meetings were approved: February 19, 1976 Special Meeting February 23, 1976 Regular Meeting March 10, 1976 Regular Meeting 11:25 A. M. 7:30 P. M. 7:30 P. M. COUNCIL REQUEST ITEMS 1. On motion of Councilman Peterson, seconded by Councilman Thompson, Duane Elliott was authorized to appear at one of the Joint Planning Comsission meetings to explain the sewer and water facilities. (all in favor) 2. On motion of Councilman Peterson, seconded by Councilwoman odlovick, the serve Jerry Mahoney of the Joint Powers Commission was app Appeal Board. (all in favor) ORDINANCES Second Reading - ORDINANCE N IECAMENDINGTORDINE SCHEDULES 502, ADOPTING CONSTRUCTION CODES, 21' • • • • • 1 22 • Attest: A .2. -/ Dep4y City Clerk March 23, 1976 - continued RESOLUTIONS The following resolutions were read and on roll call were unanimously adopted: 1. Special Use Permit - Steven Peulen - Antique Shop 2. Commencing David W. Carlson - Stillwater Volunteer Fireman 3. Promoting Len Schrade to Captain of the Stillwater Volunteer Volunteer Department. 4. Employing David C. Chial as a member of the Volunteer Fire Department. 5. Directing the Payment of the Bills ADJOURNMENT On motion of Councilman Thompson, seconded by Councilman Peterson the meeting adjourned at 10:31 P. M. Mayor r^ • • • • •