HomeMy WebLinkAbout1976-03-23 CC MIN•
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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.
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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.
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March 23, 1976 - continued
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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.
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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)
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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.
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(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)
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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'
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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
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