HomeMy WebLinkAbout1976-07-20 CC MIN•
1 78
COUNCIL CHAMBER
Stillwater, Minnesota
Absent: None
Citizens:
July 20, 1976 7:30 P. M.
REGULAR MEETING
The meeting was called to order by President Junker.
The Invocation was given by Acting City Clerk.
Present: Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Thompson
and President Junker
Also Present: Acting City Clerk Schnell; City Attorney, Kimmel; Public Safety
Director, Abrahamson; Director of Parks and Recreation, Blekum;
Consulting Engineer, Elliott
Press: St. Paul Dispatch - None
Stillwater Evening Gazette - Anita Buck
WAVN - John Hanvelt
James Hunt, John DeCurtins Al Nott, Mr. & MRS. James Kolb,
Lowell Bernd, Dr. Ronald Pizinger, Mr. & Mrs. Sheldon Mann,
Robert Lifton, Richard Olsen, Mrs. Thomas Campbell
INDIVIDUALS - DELEGATIONS- PETITIONS
1. MR. JAMES HUNT OF RIVERTOWN RESTORATION appeared before the City Council requesting
the Council's endorsement of this committee's concept for the preservation of
historical buildings in the City of Stillwater and especially the downtown area.
(Complete memo on file - Planning and Zoning Commission file)
Questions were raised as to whether or not this committee would be looking for
financial assistance in setting up their proposed resource center and Mr. Hunt
assured the Council that the passage of this resolution would not bind the Council
or the City to any financial assitance.
On motion of Councilman Mahoney, seconded by Councilman Thompson a
resolution was introduced "ENDORSING THE CONCEPT PLAN OF ".HE RIVERTOWN RESTORATION
COMMISSION ". (see resolutions)
AYES-- Councilwoma'_ Bodlovick, Councilmen Mahoney, Peterson, Thompson and
President Junker
NAYS - -None
2. ART PALMER OF THE LOWELL INN appeared before the City Council in reference to the
proposed property he wishes to sell to the City in exchange for land which the City
owns adjacent to the Lowell Inn. He also had presented a proposal to the Planning
Commission a'iout leasing the filling station property and they did recommend that
something possibly could be worked out on a short term lease agreement.
COUNCILMAN PETERSON felt that this land proposal be coordinated as one package with
the Dominium people, the Margaret Rivers Foundation and the Lowel]. Inn - chat they
get together and discuss this and come back with a report to the City Council.
MR. PALMER asked about the possible lease and questions were raised about the control
of who pakrs there and Mr. Kimmel stated that if Mr. Palmer leases this property
this would be his problem.
On motion of Councilman Peterson, seconded by Councilman Mahoney.
the Council directed that the City Attorney and Mr. Palmer work out
a plan for a temporary lease which would leave the control of the
parking on this property up to Mr. Palmer and report back at the next
regular meeting.
3. The petition for the proposed vacation of a portion of John Street submitted by
the McGarry- Kearney Agency which appeared on the agenda was withdrawn by the
petitioners.
4. On motion of Councilman Mahoney, seconded by Councilman Peterson, the Council accepted
the petition for the proposed vacation of a portion of West Abbott Street and set a
hearing date of August 24, 1976. (all in favor)
•
•
•
•
r
a
•
•
•
low• July 20, 1976 - continued
E •�
•
•
PUBLIC HEARINGS
1. This was the day and time for the public hearing on the request for a variance
for a swimming pool from Richard N. Olsen, #6 River Heights Drive, Case No. 237.
The notice of the hearing was published in the Stillwater Evening Gazette, the
official newspaper of the City on July 9, 1976 and copies were mailed to all
property owners within 300 feet.
The Mayor opened the hearing.
No one appeared for or against this request - Mr. Olsen was in attendance but
made no comments.
The Planning Commission recommended the granting of this variance.
The Mayor closed the hearing.
On motion of Councilwoman Bodlovick, seconded by Councilman Mahoney,
the Council followdd the recommendation of the Planning Commission and
granted the sideyard variance for the swimming pool to Richard Olsen,
fl River Heights Drive. (all in favor) variance
2. Thi
for a swimming from e Thomas h E. p Campbell, 307 Darrell Court, a
urt, Case No. 244.
The officialcnewspaperhofrthe City 1976 Stillwater
werelmailedetoea the
all
property owners within 300 feet.
The Mayor opened the hearing.
One of the adjoining property owners was in attendance and has no objections
to this request. Mrs. Campbell was in attendance and made no comments.
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 sideyard variance for the swimming pool to Thomas E. Campbell, 307
Darrell Court and also the storage shed in the front yard. (all in favor) a variance
3. for a day public request for
Pine Street,
Case No. 238.
The notice of the hearing was published in the Stillwater Evening Gazette, the
official newspaper of the City on July 9, 1976 and copies were mailed to all
Mg property owners within 300 feet.
The Mayor opened the hearing.
No one appeared opposed to this request - Mr. & Mrs. Mann were in attendance
but made no comments.
The Planning Commission recommended the granting of this variance.
The Mayor closed the hearing.
On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick,
the Council followdd the recommendation of the Planning Commission and
granted the necessary variance to Sheldon Mann, 1618 West Pine Street,
for the replacement for a porch and deck on his home. (all in favor)
4. for s forBtheipublicrhearinge nothe3request for a variance
The notice of the hearing was published in the
Stillwater EveningiGazette, the
official newspaper of the City on July 9, 1976
property owners within 300 feet.
The Mayor opened the hearing.
•
4
• OV
•
•
•
•
duly LV, 1'''U LUYI.LLYCY
MR. AL MOTT represented the Church and explained this would be the most feasible
and economical way to put on this additbn to their existing building which would
be two feet from the right -of -way and 38 feet from the curb. The Washington County
Highway Engineer had no objection to this and since the road narrows shortly to
the north of the church property, he could see no need to widen this portion of
County Road No. 5.
No one appeared oppo.:ed to this variance request.
The Planning Commission recommended the gratning of this front setback.
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
concept approvel to the First Baptist Church for an addition to their
existing building. (all in favor)
5. This was the day and time for the public hearing on the request for a Special Use
Permit for the operation of a business at 121 South Sixth Street made by Robert
Lifton, Case No. 240.
The notice of the hearing was published in the Stillwater Evening Gazette, the
official newspaper of the City, on July 9, 1976 and copies were mailed to all
property owners within 300 feet.
The Mayor opened the hearing.
ROBERT LIFTON reported that he had met with the City Building Inspector and
the Fire Chief and they detailed 17 requirements which will have to be complied
with - these items were studied by the Council members.
No one appeared at this time opposed to this operation.
The Mayor closed the hearing.
On motion of Councilman Mahoney, seconded by Councilman Thompson, a
resolution was introduced granting a SPECIAL USE PERMIT TO ROBERT LIFTON
TO CONDUCT HIS BUSINESS AT 121 SOUTH SIXTH STREET SUBJECT TO THE RESTRICTIONS
OUTLINED BY THE PLANNING COMMISSION" and also he is to comply with the
directives from the Building Inspector and the Fire Chief.
AYES -- Councilwoman Bodiovick, Councilmen Mahoney, Peterson, Thompson
and President Junker
NAYS- -None (see resolutions)
6. This was the day and time for the proposed second reading of an ordinance "AMENDING
ORDINANCE NO. 383, REZONING CERTAIN PROPERTIES" - rezoning for the First National
Bank, Case No. 242.
The notice of the hearing was published in the Stillwater Evening Gazette, the
official newspaper of the City on July 9, 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 that the request for rezoning be denied and
thst the new owner at the time of development of the property be advised to apply
for a Special Use Permit.
Discussion was held regarding a possible change in Ordinance No. 383, Section 14 -
paragraph "b" that if the limitation of five employees were taken out then Shorty's
could be zoned "CA - Commercial" and there would be no need for the rezoning or
special use request.
On emotion of Councilman Thompson, seconded by Councilman Mahoney, the
Clerk male the first reading of an ordinance by title entitled "AN ORDINANCE
AMENDING ORDINANCE NO. 383, RELATING TO COMMERCIAL ZONING ". (all in favor)
(see ordinances)
THE MAYOR DECLARED A RECESS FROM 8:35 TO 8:45 P. M.
•
•
•
•
w
;.s
July 20, 1976 - continued
fl
wr
UNFINISHED BUSINESS
1. On motion of Councilman Mahoney, seconded by Councilman Thompson, the Council
authorized the Mayor and the City Clerk to enter into a Lease Agreement with
the Minnesota Transportation Museum, Inc. for Engine No. 328.
in favor) (all
2. On motion of Councilman Mahoney, seconded by Councilman Thompson, the Clerk made
the second reading of an ordinance entitled "AN ORDINANCE AMENDING ORDINANCE
NO. 426 OF THE CITY OF STILLWATER RELATING TO FEES FOR GARBAGE AND RUBBISH
COLLECTION IN THE CITY OF STILLWATER"
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 ord-
inance was unanimously adopted.
3. On motion of Councilman Thompson, seconded by Councilman Peterson, the following
rate schedule was approved for the Valley Transit, Inc.:
FROM TO
Local Rate 90c $1.25
Fairmeadows $1.20 $1.50
Croixwood $1.20 $1.50
Each Additional Person 20c 25c
Package toting for each package over one 100 per pkg.
AYES -- Councilmen Mahoney, Peterson, Thompson and President Junker
NAYS- -None
ABSTAINED - Councilwoman Bodlovick
4. There will be another mediation meeting on the dispute involving the Fire-
fighters Association to be held on Monday, July 26, 1976 at 10:00 A. M. at the
Washington County Office Bldg.
NEW BUSINESS
1. On motion of Councilman Peterson, seconded by Councilman Thompson, the Excavator
Bond for Peter J. Miller was approved. (all in favor)
2. On motion of Councilman Thompson, seconded by Councilman Mahoney, a resolution
was introduced "DIRECTING THE PAYMENT OF THE BILLS ". (see resolutions)
AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Thompson and
President Junker
NAYS- -None
3. On motion of Councilman Thompson, seconded by Councilman Mahoney, a resolution
was introduced "APPROVING THE PLANS FOR THE BITUMINOUS RESURFACING AND SHOULDERS
OF A PORTION OF HIGHWAY 96 FOR THE MINNESOTA HIGHWAY DEPARTMENT ".
AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Thompson
and President Junker
NAYS- -None
(see resolutions)
4. On motion of Councilman Peterson, seconded by Councilman Mahoney, a resolution
was introduced "AMENDING RESOLUTION NO. 6259 VACATING A PORTION OF WEST WILLARD
STREET ".
AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Thompson
and President Junker
NAYS - -None
(see resolutions)
APPLICATIONS
On motion of Councilman Mahoney, seconded by Councilman Thompson, the following
Contractor's Licenses were granted: (all in favor)
Jerry Bj orkman
5887 Beach Road No., Stillwater Tree Trimmers Renewal
Ed Halonen Construction Co.
2682 Martinway, White Bear Lake 55110 General New
Landon Tree Service
906 Conway, St. Paul 55106 Tree Trimmers New
Loff Construction
6390 Douglas Drive, Brooklyn Park 55429 General New
•
•
• ( 82
July 20, 1976
Gordon A. Richert - R & H Construction Co.
8449 Demontreville Tr. No., Lake Elmo 55042 General Renewal
Allied Painting and Renovating
574 Eustis St., St. Paul 55104 Painting New
Richard H. Jonk - Jonk Masonry
R. lkl, Box 252 -E, Somerset, Wis. 54025 Masonry & Brick Work Renewal
Terry Mulligan Tree Service
R. R. #3, Northfield, Mn. 55057 Tree Trimmers New
COMMUNICATIONS
From Tom H. Swain, 9100 Orwell Avenue North, regarding the street light located
on Orwell Court.
On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick,
the City Attorney was directed to correspond with the surveyor on the
Leitte Plat and get same completed which is to be paid out of the funds
which the City are holding for this plat. (all in favor)
On motion of Councilman Mahoney, seconded by Councilman Thompson,
effective August 1, 1976 the City of Stillwater will pay for the cost
of the street lighting on Orwell Court and this information is to be
sent to NSP to change billing for said light (all in favor)
INDIVIDUALS- DELEGATIONS - continued
DR. RONALD PIZINGER appeared before the Council regarding the silt in the pond
behind his property and asked the City's Engineer about having this cleaned up
at this time since it is all visible with the low level and the pipe is about
half full at this time.
MAYOR JUNKER indicated that he had talked to the superintendent on the job last
Friday and they plan to go in there and clean it out, but there is also the sod
work to be done on the west end of the Edgewood ditch and when this is completed
should prevent some of the problems in the area along with the paving of Inter-
lachen.
MR. ELLIOTT indicated that there is some cleanup work to be done on the bottom of
the Edgewood Ditch and he would look into this matter.
--LEO CASANOVA, Fifth and Pine, asked about his drainage problem and when the City
was going to take care of same.
MAYOR JUNKER stated that Mr. Shelton has been on vacation and was due back
tomorrow and he and Mr. Elliott would check the problem and report back at the
next regular meeting. Mr. Casanova asked that he be notified when they plan to
do this so that he can show them the exact problem.
CITY COORDINATOR'S REPORT
1. On motion of Councilman Peterson, seconded by
set the date of August 10, 1976 at 7:30 P. M.
following cases:
Case No. 218 - Gary Storbakken, variance
Case No. 243 - Robert Monahan, 1819 West
for a new home
2. On motion of Councilman Mahoney, seconded by Councilman Peterson, the
Council granted permission to Lorrain Rydeen, 1022 Fourth Avenue South to park
a mobile home on her property for ninety (90) days while remodeling or recon-
structing her burned out home. (all in favor)
(The request was for one year, but the Council did not wish to grant
such a requ -st for that length of time.)
3. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Public
works Department was directed to setup a recycling depository for aluminum
cans in the back parking lot at City Hall. (all in favor)
Councilman Mahoney, the Council
for the public hearings on the
for a swimming pool
Pine Street - variance setback
•
•
•
•
r
s CONSULTING ENGINEER
1. Me. ELLIOTT
yratd t
118 South Fifth for with the swer
prope't property line
property owner to M since the cost a r main from Olive Street would
goes down to My-
be very expensive.
2. MR. ELLIOTT presented a feasibility study for the three sewer services and main
for the properties on North CenteruStreetfjust rightMyrtle. The cost would be
approximately $1,700 per
On motion of Councilman Peterson, seconded by Councilman Mahoney,
I the City Clerk was iitructed to write a letter to the property
owners who would be benefited foroafaffected and report back to the
Council.
3. MR. ELLIOTT reported that he had received three quotes for the work to be
eim done on interlachen Drive for a total cost of $3,500.0
On tthemCouncilfdirected Mr. Mahoney, 1 Elliot seconded this contract son,
contract to
BU_TU -MIX, Inver Grove and Gib Strosberg, Bunrsville an dl Ci
would assess T & L for the cost of this work.
project which will start August 9th and is to be completed within ten
0 4 MR. ELLLIOTT attended the pre- costructi l be feretc within two weeks. Street
' matting p ro j
days. The County Road No. 12 project
it rehensive Sewer Plan for the Ce yh f
5. of
and the possibility t yof working with Washington County on
plan to be filed with the Metro Council.
On motion kowsi cted Peterson,
seconded by Councilman M so
the City Clerk was appeartat to contact st 10thBCouncil g w meetin regard -
County Planner, m appear at the August in favor)
ing Comprehehens sive Sewer Plans.
MISCELLANEOUS
1. MR. MARfINm�S the Planning _ mmission statedothatnh Ohadnrece which was
to be adopted within ninety days and that time limit has expired.
MR KIMtEL stated that he had written a letter to Washington County on this
matter and is awaiting reply.
COMMITTEE REPORTS
PUBLIC SAFETY -
that the City test and interview for
1. On atroly of t o th Pon cedReserves e erk,
a mmittee -- - oMay T Junker Police
seconded the motion, ended by and Public Safety
Committee -
AYES-- Councilwoman Bodlovick, Mayor Junker
NAYS -- Councilmen Mahoney, Peterson and Thompson (motion not carried)
On motion of Councilman Mahoney, seconded by Councilman Thompson,
that the City advertise in to the Stillwater Gazettetwo and wo W locally
for applications for a patrolman
Councilman Peterson and Mayor Junker
AYES--Councilmen Mahoney and Thompson
NAYS-- Councilwom (mo ion k notcarried)
On motion of Councilman Thompson, seconded by Councilman Mahoney, that
the City advertise for a patrolman.
(all in favor)
2. Discussion was held regarding the education pay for the police officers
and the problems with determining the eligibility of same.
On motion of Councilman Peterson, seconded by Councilman
Mahoney, the City Attorney and the Police Chief was instructed
to examine the Police Union Contract and the Arbitration favor)
especiallyt ass matter credits. (all avor)ng,
3. The City Clerk was directed to get copies of the current union contracts
to the various department heads.
•
July 20, 1976 - continued
83
•
•
•
•
PARKS AND RECREATION
No report
ADMINISTRATIVE.
No report
PUBLIC WORKS
No report
July 20, 1976 - continued
CITY ATTORNEY'S REPORT,
1. MR. KIMMEL repotted that he had written to tie Stillhouse, Inc. about the
changing Teyfhavelbeennsentethe properpformstand are now
forthcomn incorporated.
very shortly)
2. On motion of Councilman Peterson, seconded by Councilman Thompson, the
Clerk made the first reading by title of an ordinance entitled AN
ORDINANCE Eo ING O
AMEING NO. 3681 SEWER fSERVISERVICE RATES" (Changing rates
3. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Clerk
made the first reading by title of an ordinance entitled "AN ORDINANCE
AMEING ND NANCE. 5" ANRDORDINANCE ABLISHING ELECTION WARDS AND
AMEINTS FOR NC CNO OF STILLWATER".
COUNCIL REQUEST ITEMS
COUNCILWOMAN BODLOVICK asked for Council approval to enclose with the utility
bills some stickers which she received from the Minnesota Health Department -
there was no objection to this request.
COUNCILMAN THOMPSON brought up the matter of the problems which we were having
with the beer parties which are being held at Pioneer Park which is a family
type park area and asked the Police Department to do more patroling in this area.
He asked that the Police Chief put a walking patrol from the Reserves there and
this was agreed to.
sked notobjectione solicitation within
noted.
QUESTIONS FROM THE PRESS
None
ORDINANCES . - First Reading - Amenddiing OrdinanceDNoNo. 383 - Section 14 -
- AmendingaOrdinancNo. Commercial 8 Users
Sewer Service
ee No. 426
Second Reading - Amending Rubbish nnc eallo Increases
G and
First Reading - Amending Ordinance anceiNo. 515 - Election Wards
and
RESOLUTIONS
The following resolutions were read and roll call were unanimously adopted:
1. Special Use Permit - Robert Lifton
2. Endorsing the Rivertown Restoration Concept
3. Directing the Payment of the Bills.
4. Approving Plans for the Bituminous Surfacing on Highway No. 96
5. Amending Resolution No. 6259 - Vacation of a Portion of Willard Street.
r
•
1
•
•
July 20, 1976 - continued
ADJOURNMENT
On motion of Councilman Mahoney, seconded by Councilman Peterson, the meeting
adjourned at 10:30 P. M.
Attest:
Actig City Clerk
Mayor
8? •
{
1
•
•
•