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HomeMy WebLinkAbout1976-05-25 CC MIN• COUNCIL CHAMGERS Stillwater, Minnesota May 25, 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 and Peterson, and President Junker Absent: Councilman Thompson Also Present: City Coordinator, Marshall; Superintendent of Public Works, Shelton; Public Safety Director, Abrahamson; Director of Parks & Recreation, Blekum; Consulting Engineer, Elliott; Planning & Zoning Commission Chairman, Martin Hansen Press: Stillwater Evening Gazette, Bob Liberty WAVN - John Hanvelt CITIZENS: Jerry Perkl, Mrs. Thomas Strandberg, INDIVIDUALS - DELEGATIONS PETITIONS 1 for Jeff and time a home the Case No. 227, variance Avenue South The notice of hearing was published in the Stillwater Gazette, the official newspaper of the City, on May 14, 1976, and copies were mailed to all property owners within 300 feet. The Mayor noted that the request for a variance has been withdrawn by Mr. Junker. 2. This was the day and time set for the public hearing on Case No. 226, a side yard variance for Karl Neumeier, Jr., to rebuild a garage at 913 North Broadway The notice of hearing was published in the Stillwater Gazette, the official newspaper of the City, on May 14, 1976, and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. No one appeared opposed to this request. The Mayor closed the hearing. The Planning Commission recommended the granting of this variance On motion of Councilman Peterson, seconded by Councilman Mahoney, the Council followed the recommendation of the Planning Commission and granted the necessary variance to Karl NEUMEIER, Jr. to rebuild a garage at 913 North Broadway. (all in favor) 3. This was the day and time set for the public hearing on Case No. 228, a front yard variance to build a garage for Mr. Richard White, 113 Brick Street. The notice of hearing was published in the Stillwater Gazette, the official newspaper of the City, on May 14, 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 Richard White to build a garage at 113 Brick Street. (all in favor) 51; • • • • • May 25, 1976 4. This was the day and time set for the public hearing on Case No. 230, a variance to build a garage for Joseph Smrdel at 201 Crestwood Terrace. The notice of hearing was published in the Stillwater Gazette, the official newspaper of the City, on May 14, 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 Mahoney, seconded by Councilman Peterson, the Council followed the recommendation of the Planning Commission and granted the necessary variance to Joseph Snrdel to build a garage at 201 Crestwood Terrace. (all in favor) 5. This wa ment of s Main set (Main the Bridge)., Local Improvement No. 145. The notice of hearing was published in the Stillwater Gazette, the official newspaper of the City, on May 14 and 21, 1976, and copies were mailed to all propery owners proposed to be assessed. The Mayor opened the hearing. DUANE ELLIOTT showed the Council a slide indicating the limits of the proposed project to be undertaken by the State Highway Department. He stated that the cost of the project would be $28,000. The State would pay 100% of the center 24 feet and the City's share would be that work outside of the 24 feet. The area north of Mulberry was discussed with the construction office, but this area would not be included as part of the improvement; it will be taken care of through should office. Jack reJackeShelton has informed the mainten- thro office that this COUNCILMAN PETERSON asked Mr. Elliott what effect the matting would have on the curbline. MR. ELLIOTT replied that the matting will be feathered at the curbline to the minimum possible. t atAheAh asked the would ouldeestimat ELLIOTT the surfacing to take a week or less. MR. MARSHALL Noted that a letter had been received from Mr. Robert McGarry object- ing to the project. On motion of Councilman Peterson, seconded by Councilman Mahoney, a resoluton was (NELSON ELM) l AND CHESTNUT "AUTHORIZING (MAIN TO THE BRIDGE) I AND ORDERING THE CITY ATTORNEY TO ENTER INTO WHATEI ER NEGOTIATIONS ARE NECESSARY IN THIS REGARD." AYES -- Councilwoman Bodlovick, Councilmen Mahoney and Peterson, and President Junker (see resolutions) NAYS - -None UNFINISHED BUSINESS 1. LONG received Eappermmit that nine months the has Creek to the St. Croix ents, thrt it is his that once the begin. Mr. Marshall con- gets the easensots, Mr. Benson now offered him is $2,000 per per acreoximarely 2.9 acres. tacted Mr. MR. KIMMEL stated that if the City were to decide on a condemnation proceeding, the matter would not be settled by the end of June. He stated that tr the hek City ity ca extension the permit Benson's with respect to and theyconstructionper date. COUNCILMAN PETERSON suggested offering Mr. Benson $2,500 per acre and informing Mr. Benson that the City is asking for an extension on the construction permit. • • • • • xr May 25, 1976 MR. MARSHALL Noted that the only problem would be if there were a heavy rainfall. He stated that there has been very little evaporation or ground seepage in the lake level. He noted that if it did rain, there is a two foot leeway. Dr. Pizinger would have to continue to dike. On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, the Council authorized the City Attorney to negotiate with Mr. Benson on 2.9 acres of land at $3,000 per acre. (all in favor) NEW BUSINESS 1. SALE OF him rregardin Marshall stated that Mr. John regarding the possibility of theCityselling the 0 g n gas tank at the garage for $200. The Country Club would like to buy the gas tank. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Council authorized the sale of the gas tank at the garage for $200. (all in favor) 2 Marshall OstatedlthatLhelhadFbeen LICENSE aUrepresentatti A representative oitne American Legion regarding a beer license during Lumberjack Days. Councilwoman Bod- lovick and Councilman Peterson had also received calls relative to this matter. COUNCILMAN PETERSON stated that the Chamber of Commerce charges some people 10% of net project and others 10% of gross profit for operating concessions in the park. He felt that the charges should be explained to everyone vefore anyone else is granted a beer license. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Council instructed the City Attorney to contact the Chamber of Commerce and request information in writing by the next regular Council meeting, as to how they arrive at the charges for various concessions and asking the Chamber of Commerce for recommendations on licenses. (all in favor) APPLICATIONS On motion of Councilman Pererson, seconded by Councilman Mahoney, the follow- ing Contractor's Licenses were approved: (all in favor) Minnesota Package Products General Renewal 6922 - 55th St. N., North St. Paul 55109 Architectural Sales of Minn., inc. 4550 Quebeck Ave. N., Minneapolis, Mn. 55428 General New On motion of Councilman Mahoney, seconded by Councilman Peterson, the Auctioneer License for John J. Hines, Ellsworth, Wisconsin, is hereby granted. (all in favor) On motion of Councilman Peterson, seconded by Councilman Mahoney, the Cigarette License for Kwong Fat Tong and Yun Kewi Tong, 241 South Main Street, Stillwater is hereby granted. (all in favor) LIQUOR - ON -SALE The Grand Garage and Gallery, Inc., 330 South Main Street, Stillwater. MR. KIMMEL stated that the City has issued 12 liquor licenses, and that is the limit in the statutes. Additional licenses would require a vote of the people and Council action. MR. PERKL, owner of the Grand Garage & Gallery, Inc., asked what the procedure Naegele liquor Advertising Company, any, shich innMre$Hall'so would e and Mr. McGuire's ventures. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Council instructed the City Attorney to work with the Grand Garage & Gallery, Inc. to determine what steps are necessary for a liquor license, and to bring his recommendation on the matter to the next regular Council meeting. (all in favor) 1 • • • 54 May 25, 1976 COMMUNICATIONS From the Municipal Commission indicating that tax rebate provisions will not start July 22, The g oo n Jthe Uauge_Me e1- Consolidated Lumber Company will be ly 97 19 A letter was received from Mrs. Thomas Strandberg regarding the request she had received to improve the exterior of the Belfry Antique Shop by June 1, 1976. Mr. Marshall stated that Mrs. Strandberg had called him and he suggested that she write a letter to the Council and ask John Lawson to do another inspection of the church. Mr. Lawson wrote his recommendations, and there are many minor repairs to be made. Mrs. Strandberg noted that the extension of the Special Use Permit was given so that they could repair the steps and chimney, which both have been repaired. She stated that there was no mention at the time of painting the building. pointed out that this l was h not h o e visions to bring the Strandberg the building upt code. MR. MARSHALL stated that unless the Council changes its mind, Mrs. Strandberg must bring the building up to code by June 1, 1976. COUNCILMAN PETERSON Noted that there was a lot of discussion regarding the appearance of the building at the time of the permit issuance, and it was the Council's understanding that painting would be one of the first projects. COUNCILWOMAN BODLOVICK asked Mrs. Strandberg if she could give the Council any idea as to how soon the building will be painted. of the the chuhurch have t to t be taken r care mof major ut she n thought g they h would e or start thespronetethisosummffr. stated end r Str Strandberg would know more about week. On motion of Councilman Mahoney, seconded by Councilman Peterson the Council rescinded the June 1, 1976 date for the painting of the exterior of the Belfry Antique Shop, and deferred action until the next regular Council meeting. From Mrs. Alice Gorth regarding an accident claim, which has been referred to the insurance company. PLANNING COMMISSION ITEM, On motion of Councilman Peterson, seconded by Councilman Mahoney, the Council aurhorized the scheduling of heari in favor) Case No. 231 for the G & F Apartments, on CONSULTING ENGINEER'S REPORT 1. Mr. Elliott noted correspondence relative to LookoutdD Drive. He it is feaible sanitary sewer the correction in On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Council authorized the City Attorney to write a letter to Vacil Kalinoff requesting the necessary easement and informating him that the City will issue a Building Permit and file a correction indicating the present surveys are in error. (all in favor) 2. Mr. Elliott stated that the Croixwood Seventh Addition work is nearing completion. He noted that the contractor will be moving in on the Edgewood Ditch construction on Thursday morning. He will be meeting with the people concerned at 5:00 P. M. Wednesday t toe let , them represented what will be taking place. Mr. Elliott moved. Orrin t Thompsons e contractor charges f $20 per htreeall Oak trees be requested that a trees l have a tree trunk 3 inches or could move the theytares the sated that easily accessible. It was decided that Mr. Elliott, Mr. Shelton, and Mr. Blekum would determine if the trees could be moved by the City. • • • • 1 • ^ May 25, 1976 3. Mr. Elliott noted that in the Croixwood Seventh contract there is provision for a pipe crossing Mid Oaks, and the City has a permit to replace that pipe. The permit expires June 20, and Mr. Elliott felt it would be best to replace the pipe after the Long Lake permit has been carried out. Therefore, this pipe replacement work will wait and will not be paid for until it is done. 4. Mr. Elliott showed the Council a slide of the South Oakes Street section which has been petitioned to be vacated. He stated that it is feasible to extend sewer and water from Pine Street for Lots 3, 4 and 5 and 7 through 10. He stated that in checking the area involved, there are only two build- able sites on each side, each of which would have 13,000 square feet unless the party would go through the Planning Commission and ask for a variance, in which case the lots would be 9,000 s quare feet. MR. HOOLEY stated that he asked for vacation of Oakes so that a driveway could be put in and his lots would be accessible. COUNCILMAN PETERSON asked if Mr. Peterson, owner of three lots in question, is aware of Mr. Hooley's request. MR. SHELTON stated that has been informed. Mr. Shelton was then asked to show the Council the plat of Mr. Peterson's property. THE MAYOR DECLARED A RECESS FROM 8:30 to 8:45 P. M. MR. SHELTON shoed the Council the survey of Peterson's Addition. 8 MAYOR JUNKER told Mr. Hooley that the City could not vacate Oakes if water and sewer is needed for the lots in question. ATTORNEY KIMMEL suggested to Mr. Hooley that it might be better to put in a gravel road. He then suggested that Mr. Elliott determine what the cost of extending the water and sewer services would be. MAYOR JUNKER stated that at the next meeting there will be a petition for vacation of Oakes. He suggested that this be discussed at that time when Mr. Peterson can be in attendance. COMMITTEE REPORTS PUBLIC WORKS 1. Mr. Shelton stated that at the last meeting the Council had asked for ad- vertising of bids on a televion program to locate sewer pipeline cracks. He asked if the Council had set a date for those bids. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Council authorized the Superintendent of Public Works to advertise for bids for a television program to be implemented in locating sewer pipeline cracks along 3.1 miles in the downtown area east of Third Street to Mulberry Street, and to report back at the next regular Council meeting. (all in favor) _a sw 2. MR. SHELTON stated that a variance had been granted to Mr. & Mrs. Bell to build a swimming pool. The pool has been a source of complaint for a neighbor who has water standing in her driveway because of the slope of land toward her property. Bells guaranteed recalled the time of the the no inconvenience caused by the pool. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Council authorized the City Attorney to inform Mr. and Mrs. Ronald Bell of their neighbor's complaint and report his findings at the next regular Council meeting. (all in favor) PARKS AND RECREATION 1. Mr. Blekum reported a $75 theft at a concession stand and also stated that someone had ripped up sod at the North Hill tennis courts and thrown it into the street. He noted that the nets will be installed by the end of May after the sodding is in. PUBLIC SAFETY letter 1. Mr. Abrahamon stated receivad regarding a but she had filed a complaint with the Police Department just after the accident. Councilman Peterson recommended that the matte/ be referred to the insurance company and the City Attorney. • 55 • • • 1 • 56 CITY ATTORNEY'S REPORT No report May 25, 1976 NEW BUSINESS - continued 3. On motion of Councilman Peterson, seconded by Councilman Mahoney, a resolution was introduced "DIRECTIiG THE PAYMENT OF THE BILLS ". AYES -- Councilwoman Bodlovick, Councilmen Mahoney and Peterson, and President Junker NAYS - -None (see resolutions) 4. Mr. Marshall asked that he receive nine week's vacation pay with his last paycheck. The vacation time would be two weeks each for the years 1973 through 1975, and three weeks for 1976. On motion of Councilman Mahoney, seconded by Councilman Peterson, a resolution was introduced "AUTHORIZING PAYMENT OF NINE WEEKS' VACATION PAY WITH MR. RAY MARSHALL'S MAY 28, 1976 PAYCHECK ". AYES -- Councilwoman Bodlovick, Councilmen Mahoney and Peterson, and President Junker NAYS -- None (see resolutions) COUNCIL REQUEST ITEMS 1. COUNCILMAN PETERSON asked Mr. Shelton when the seAlcoating would begin. Mr. Shelton stated that it can't be started until July 1, 1976. Councilman Peterson point out that there is an area on Stillwater Avenue, some of which has been patched, but there is a smaller area in need of repair. Mr. Shelton stated that all streets will be checked out and repaired accordingly. 2. ATTORNEY KIMMEL pointed out that on South Broadway going north to the stairs there once was a tree which served as a barrier. The tree has now been removed, leaving nothing to warn people of the cliff. Mr. Shelton stated that he had been told a barrier had been erected. He informed the Council that he will see that a barrier is erected. 3. On motion of Councilman Mahoney, seconded by Councilman Peterson, a resolution was introduced "COMMENDING RAY MARSHALL FOR HIS SERVICE TO THE CITY DURING HIS TENURE OF EMPLOYMENT." AYES -- Councilwoman Bodlovick, Councilmen Peterson and Mahoney and President Junker NAYS - -None (see resolutions) Mr. William Powell, former Stillwater Mayor, stated that he would like to add his best wishes to Mr. Marshall and had enjoyed working with him. QUESTIONS FROM PRESS REPRESENTATIVES None ORDINANCES None RESOLUTIONS The fallowing resolutions were read and on roll call were unanimously adopted: 1. Authorizing the Improvement of Main Street (Nelson to Elm) and Chestnut Street (Main to the Bridge) and Ordering the City Attorney to enter into whatever negotiations are necessary in this regard, Local Improvement No. 145. 2. Directing the Payment of the Bills. • • • • • r !'s s MOP 3. Authorizing Paysrent of Nine week's vacation pay with Mr. Ray Marshall's May 28, 1976 Paycheck. *4. Commending Ray Marshall for his ervice to the City during his tenure of employment. Not published ADJOURNMENT On motion of Councilman Peterson, seconded by Councilman Mahoney, the meeting adjourned at 9:05 P. M. Attest: �+^ cting City Clerk May 25, 1976 Mayor 57, • • • •