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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 • • •