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HomeMy WebLinkAbout1977-04-12 CC MIN• • !208 COUNCIL CHAMBER Stillwater, Minnesota REGULAR MEETING April 12, 1977 7:30 P. M. The meeting was called to order by President Junker The Invocation was given by the Acting City Clerk, Schnell. PRESENT: Councilmen Mahoney, Peterson, Powell and President Junker ABSENT: Councilwoman Bodlovick ALSO PRESENT: Acting City Clerk, Schnell; City Attorney, Kimmel; Superinten- dent of Public Works, Shelton; Public Safety Director, Abrahamson; Director of Parks & Recreation, Blekum, Consulting Engineer, Elliott; Planning Commission Chairman, Zoller Press: WAVN - John Hanvelt Citizens: Les Clark, Lyle Eckberg, Walater Schmidt, Dave Magnuson, Mike Charpentier, G:rdon Swanstrom, Francis Rice, John DeCurtins, Bob Swanson, Mary Radke, Clarence Ulrich, Duane Seaquist, Leona Hall, Norris Saager, Dick Arney, Jim Gannon, Violet Rock, Monty Brine, Michael McGuire, Mrs. Boetscher, Jerry Mecheclke, Mrs. Richard Mechelke INDIVIDUALS- DELEGATIONS 1. LYLE ECKBERG representing the concerned citizens on Meadowlark Drive regarding a building permit issued for a single family home at 1310 Meadowlark Drive presented the facts and figures as to why these residents are opposed to the construction of this home -- Lot does not contain the minimum square footage required under the ordinances; permit was issued without the necessary ;.`il testing submitted to the Building Inspector; that in computing the square footage of said lot, the area contained in said computation erroneously included an area of said lot that was under water and below the high water mark of McKusick Lake. Mr. Eckberg presented to the Council a survey prepared by Art Holm and an easement granted by R. E. Granquist to the City of Stillwater to flood this area of the property up to a level of 855 feet and cited the recorded pages and date of said easement. Also according to the DNR this lake is for recreation develop - should be at least 7,500 feet out of the er; is he dry 1portion t property. MR. RICHARD ARNEY attorney for Swager Bros. indicated that there are 10,500 square feet of property on the survey he had from Art Holm, and if the easement were exercised it would flood two streets of the City and he felt that the easement should be considered when granting a building permit on this lot. MR. ECKBERG stated further that the Building Inspector was not aware of the easement when he granted the building permit for this lot. MR. ABNE building permit was aibuildab Y that l gl anand asked that the City would find MR. KIMMEL stated that the easement means that the owner of the property cannot collect any damages for flooding below this point. The lot does have 10,000 square feet and with the house properly located it would have the proper front yard setback. The NDR regulations would dictate as to how close you can build to the lake. M AY O R JUNKER recohmendedlthatttheaCe Council in week or ten days study the matter. COUNCILMAN POWELL stated he had looked at the property and thought it was too small, but after talking with John Lawson that was not the case He cited the fact that this is not the first case of someone filling the lake and indicated that Dr. Bealka had done this on Lily Lake and ended up with less than the required 10,000 feet. COUNCILMAN PETERSON asked if the City would be involved in any way with the DNR or'any state agency as to when the land had b en filled or the building of the home would be close to the shoreline or basement level below the lake lvel and aRM. re i for p that, but that enforces interest in permits water levels. • • • reN April 12, 1977 On motion of Councilman Powell, seconded by Councilman Peterson, the Council continued the hearing on this appeal until the City Attorney can check into some of the legal problems that might be involved and that the building permitt issued to Swager Bros. for the above property be held in abeyance until the hearing is completed. (all in favor) 2. MISS TUNA representing Mr. Peter Hall appeared before the City Council along with Mrs. Boettcher requesting a variance to conduct a concert and cultural and community event at the Freighthouse, 229 South Water Street - this would be a variance from the Uniform Building Code. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Council granted a temporary variance from the Uniform Building Code for one day for the use of the Freighthouse, 229 South Water Street for a cultural day for the public and also granted a one -day 3.2 On Sale Beer License to the Valley Chamber Chorale for Saturday, April 23, 1977, subject to the Fire Chief's working out the exiting problems. (all in favor) PUBLIC HEARINGS - -This was the day and time for the public hearing on Case No. 268, a variance for Robert Brothen, 1636 Meadowlark Drive for a garage. The notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City of Stillwater on April 1, 1977 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. No one appeared opposed to this request - Mr. Brothen was in attendance. The Mayor closed the hearing. On motion of Councilman Powell, seconded by Councilman Mahoney, the Council granted the variance for a garage to Mr. Brothen as recommended by the Planning Commission. (all in favor) - -This was the day and time for the public hearing on Case No. 265, a variance for Robert Swanson, 1209 South Sixth Street on a lot size in a two family area. The notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on April 1, 1977 and copies were mailed to all properly owners within 300 feet. The Mayor opened the hearing. No one appeared opposed to this request - Mr. Swanson was in attendance. The Mayor closed the hearing. On motion of Councilman Powell, seconded by Councilman Mahoney, the Council granted the variance for the lot size to Robert Swanson as recommended by the Planning Commission. (all in favor) - -This was the day and time for the public hearing on Case No. 266, a Special Use Permit for Leona Hall for a Boarding House at 320 West Myrtle Street. The notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on April 1, 1977 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing Several persons were in attendance and they were concerned with the type people who would be housed at this location. Mrs. Hall was in attendance. The Mayor closed the hearing. On motion of Councilman Peterson, seconded by Councilman Powell, the Council granted the Special Use Permit to Mrs. Leona Hall for a Boarding House at 320 West Myrtle Street as recommended by the Planning Commission. (all in favor) • NM . 1 • ■ • • • ■ a 210 - -This was the day and time for the public hearing on Case No. 267, a variance for David Magnuson, 901 West St. Croix Avenue. The notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on April 1, 1977 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. (Mr. Magnuson was in attendance) JERRY MECHELKE, 809 West St. Croix Avenue, was not opposed to the addition, but he does enjoy the open space between the hones and this would give him a "penned in" feeling - the addition would be four feet from the hedge which separates the two properties and with the size of the lot he did not feel it would have to come this close to his property. The Mayor closed the hearing. On motion of Councilman Mahoney, seconded by Councilman Peterson, the Council granted the variance to Mr. Magnuson as recommended by the Planning Commission. (all in favor) PETITIONS From residents in the vicinity of a burned out residence at 1022 Fourth Avenue South requesting a condemnation order and establish a time limit for execution of same. On motion of Councilman Peterson, seconded by Councilman the Council instructed the Acting City Clerk to send an order repair or removal of hazardous building at 1022 Fourth Avenue setting the time limit at sixty days. (all in favor) UNFINISHED BUSINESS 1. On motion of Councilman Peterson, seconded by Councilman was introduced "AWARDING THE CONTRACT FOR THE REMOVAL OF ELM TREES TO ZOLLER TREE & CRANE SERVICE- DAVID JOHNSON" $2,964.06 TOTAL BID AND $320.76 FOR ALTERNATE ONE ". AYES -- Councilmen Mahoney, Peterson, Powell and President NAYS - -None (see resolutions) The following bids were opened at 3:00 P. M. for the Removal Dutch Elm Trees by the Acting City Clerk and the Director of Mr. Shelton: Bid No. 1 Bid No. 2 Bid No. 3 Bid No. 4 THE MAYOR DECLARED A RECESS FROM 8:34 to 8:40 P. M. Haines Tree Service 9262 Otchipwer Ave. N. Stillwater, Mn. David Johnson Zoller Tree & Crane Service 904 West Olive Street Stillwater, Mn. 55082 Cashier's Check April 12, 1977 Junker Cashier's Check Total Bid $3,370.00 Alternate No. 1 $ 542.95 Bjorkman Tree Service 5887 Beach Road Stillwater, Mn. Bank Money Order Total Bid $3,479.00 Alternate No. 1 $1,317.00 George Haines Tree Service 1141 East Cook St. Paul, Mn. 55106 Bid Bond $3,267.72 Alternate No. 1 $ 723.48 Total Bid $2,964.06 Alternate No. 1 $ 320.76 Mahoney, for the South Powell, a resolution THE DISEASED DUTCH as per his bid of of Diseased Public Works, r • • • 1 1 • • • • r Maw Bid No. 5 On motion of Councilman Peterson, seconded by Councilman Mahoi,ey, the Acting City Clerk was authorized to return the deposits submitted with the bids for the Removal of the Diseased Dutch Elm Trees to all except the successful bidder. (all in favor) 2. No bids were received for the sale of City Owned property on Olive Street. 3. ownedwby as the the and for (Ritzer Property). The the official e newspaper of thepCitydonnMarch53011 Evening Gazette, 1977 The following bids were received: Bid No. 1 Bid No. 2 April 12, 1977 Bred -Well, Inc. Box 161 Stevens Point, Wisconsin 54481 Bid Bond Total Bid $5,698.75 Alternate No. 1 $ 670.00 Cleon Carley 1140 Otchipwe Ave. No. Stillwater Certified Check Total Bid $37,000.00 ($684.00 per acre) Grant Land Co. 11170 - 60th St. No. Stillwater Bid Bond Total Bid Bid No. 3 Robe E. Swanson son Stillwater Certified Check Total Bid $5,464.10 On motion of Councilman Peterson, seconded by Councilman Mahoney these bids were referred to the City Attorney and the Director of Public Works for a report back at the next regular Council meeting. (all in favor) 4. On motion of Councilman Powell, seconded by Councilman Mahoney, the Clerk made the first reading by title of an ordinance entitled "AN ORDINANCE ADOPTING ADOPOIOGIT DISPOSAL WASTE CONTROL (ULESrANDaREGULATIONS FOR THE 5. On motion of Councilman Powell, seconded by Councilman Mahoney, the Council followed the recommendation of the Planning Commission not to purchase the property on the corner of Olive and Third Street for a parking facility and the not interested Clerk was inform at the present time. City is time. AYES -- Councilmen Mahoney and Powell and Mayor Junker (motion carried) NAYS -- Councilman Peterson 6. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Council confirmed the appointment of Jerry Smith, 819 West Oak Street, as a member of the Planning Commission to fill the unexpired term of Ron Kiel. (all in favor) of 7 madeothensecondureading ofan seconded entitl dC"ANHORDINANCEPeterson, Clerk AMENDING ORDINANCE DWELLINGS"ANCE PROVIDING FOR THE CONSTRUCTION No. 547) $30,250.00 ($550 per acre) • l • 1 • (12 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 ordinance was unanimously adopted. 8. On motion of Cpuncilman Powell, seconded by Councilman Peterson, the Clerk made the second reading of an ordinance entitled "AN ORDINANCE AMENDING ORDINANCE NO. 383, THE ZONING ORDINANCE OF THE CITY OF STILLWATER, RELATING TO THE REQUIREMENTS FOR THE CONSTRUCTION OF MULTIPLE DWELLINGS 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 questions, "Shall this ordinance pass ? ", and on roll call the ordinance was unanimously adopted. INDIVIDUALS AND DELEGATIONS (continued) MRS. RICHARD MECHELRE at the Corner of Owen and Mulberry asked the Council if they had made a change in the permit that they granted for the fence she is installing since she is having trouble with her neighbor about it and they indicated that the permit still stands. NEW BUSINESS 1. The variance request from the building code for the Lowell Inn will be con- sidered at the Public Hearing on April 26, 1977. 2. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Council approved the Surety Excavation Bond for James Borden in the amount of $5,000.00. (all in favor) 3. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Acting City Clerk was directed to write to the State of Minnesota requesting an estimate from the Public Examiners Office as to the cost of making an audit for the City for the year ?977. (all in favor) 4. On motion of Councilman Peterson, seconded by Councilman Powell the week of April 25th thru April 29th, 1977 was set for the annual spring cleanup for the City of Stillwater. (all in favor) 5. On motion of Councilman Powell, seconded by Councilman Peterson, the Council deferred action on the pay increase for the police secretary until they start negotiations with the bargaining unit for the new union group. (all in favor) 6. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Council agreed to have the Mayor and the Acting City Clerk sign the Contract for Local No. 49 at the next regular meeting. (all in favor) 7. On motion of Councilman Powell, seconded by Councilman Peterson, the Council set the date for the Public Hearings for the following cases for April 26, 1977 at 7:30 P. M. Case No. 269 - Don Jahnke - Special Use Permit - 513 W. Myrtle Street Case No. 270 - A. A. Fry - Special Use Permit - 807 N. Fourth St. Case No. 271 - James Steele - variance - lot size - 1202 West Oak Street Case No. 273 - Lowell Inn - Special Use Permit and Variance Case No. 274 - Dominium Corporation - variances for a Hi -Rise (all in favor) 8. On motion of Councilman Powell, seconded by Councilman Peterson, a resolution was introduced "DIRECTING THE PAYMENT OF THE BILLS ". AYES -- Councilmen Mahoney, Peterson, Powell and President Junker NAYS - -None (see resolutions) INDIVIDUALS - DELEGATIONS - continued None at this point in the meeting April 12, 1977 APPLICATIONS On motion of Councilman Peterson, seconded by Councilman Mahoney, a General Con- tractor's License including tree trimming, moving and wrecking buildings, was granted to James Borden,215 West Laurel Street, Stillwater. (renewal - all in favor) c • • • • 1 • April 12, 1977 a - -On motion of Councilman Mahoney, seconded by Counc ilman Greeley on, Street, Cigarette License was granted to C. H. Felix, 413 Stillwater for 1977 - renewal. (all in favor) COMMUNICATIONS 1. On Acting City kcwasazinstructed seconded that the Stillwater City Council is opposed to the to favor) election bill for Home Rule Charter Cities. 2. Counciman StillwatersDowntownbCouncillregarding l the motion of the left turns at Myrtle Street and Main Street for Northbound traffic, and Southbound traffic at Main and Chestnut Streets and prohibiting left turns at Main and Chestnut for Northbound traffic and eliminating parking meters on the West side of Main Street between Myrtle and Chest- nut Streets was referred to the Planning Commission, the Public Safety Committee and the Public Works Committee fo rl eirastu)y and recommendation at the May 10th Council meeting. 3. action was taken on the Metro Parks information and instructions which will be used c Commission. atttime (This the was 'City makes application for these grants.) CITY COORDINATOR'S REPORT 1. On motion of Councilman Powell, seconded by Councilman Peterson the following special meetings were set for the City Council: Tuesday, April 19, 1977 at 3:00 P. M. - meeting with Bob Voto on the 1976 Audit Report and Revenue Sharing Wednesday, April 20, 1977 at 7:30 P. M. - meeting with Croixgate officials regarding utilities for their development (all in favor) 2 On directed that residents n who e h d their water run ineth the e January- March, 1977 quarter to prevent a freeze -up will be permitted an anr tsment their sewer rate for theloveragevbaback to what it was the 3. MMaayortand Acting City Cle were s directed to sign the fire contracts for 1977 -78 with Stillwater favhip, Grant Township and May Township. (all in 4. On motion of Councilman Powell, seconded by Councilman Mahoney, the City's Building Inspector was directed to inspect the work done by Don Roettger for at he not t been taken out North T the d Council Street, and place aawork had of Carol Zns stop since he has not renewed his contractor's license for 1977. (all in favor) 5. The matter of a rabies clinic was discussed and the Police Chief is going to check with Dr. Connel on such a clinic. CITY ENGINEER'S REPORT. 1. Mr. Elliott The contractor istunablettoudotthe televising level of the St. sewer linesrinx River the contractor the ncontractawhen thewwaterolevel is satisfactory for see if he will honor and he for this work. 2. Mr. Elliot utilitiestats theepresenthtime and as soon as he hascmetewith1Norris Swager, he will discuss these improvements with the Council. 3. completingtthe work onhthe ontacting Seventh Addition. 4. regardingt received a letter the thenintersectionmoftGreeleyS Transportation Street of theutilitiesy inlGreeleyrStreet and he a will agreement out relocation with them and report back to the Council. 2 • 1 e 214 April 12, 1977 5. Warren. Bowe is complaint drainage which he claims come from Long Lake, but according to Mr. Elliott does not and he will meet with Mr. Bowe and Mr. Harneck on this matter. 6. On motion of Councilman Mahoney, seconded by Councilman Powell, a resolution was introduced "ACCEPTING THE FEASIBILITY STUDY AND SETTING THE MENTS LOCAL IMPROVEMENT 129 THE UTILITIES H FOR R THE S HOOLEY ROVE- PROPERTY". AYES -- Councilmen Mahoney, Peterson, Powell and President Junker NAYS - -None (see resolutions) COMMITTEE REPORTS PUBLIC WORKS 1. Mr. Shelton reported that he had received one quote for the replacement of the street lights in the Forest Hills Addition from Linner Electric for a figure of $4,375.00 or $162.03 per light. He was directed to obtain another quote and report back at the next regular meeting. On motion of Councilman Peterson, seconded by Councilman Mahoney, Mr. Shelton was directed to have the street lights repaired or replace in the Forest Hills Addition. (all in favor) 2. Mr. Shelton reported on the surfacing which is to be put on. North Fifth Street and West Hazel with the use of a heater plane and would use some of the sealcoating money for this project since Mr. Elliott felt that the City could postpone the proposed streets for sealcoating for this year and get this project done. He will report back further at the next meeting. 3. Mr. Shelton will check to see what is going to happen on Anderson Street and if no work is going to proceed shortly that the hos#tal either remove or repair the temporary barricades that are there now. 4. On motion of Councilman Powell, seconded by Councilman Mahoney, the Council approved the use of a Ceta employee for policing the dump box area and that he be provided with a two -way radio so that he could contact the Police Department for the issuance of any tickets which might be required. (all in favor) PUBLIC SAFETY 1. Mr. Abrahamson asked that the Council give some though to increasing the parking meters from lC to Sc and hopefully that some action will be taken on this matter in the near future. 2. Mr. Abrhhmson asked if the Fire Chief could expend a portion of the $2,400 which was collected from the railroads for fires started in the Townships for the salaries for the two additional volunteers for this department and no action was taken at this time. 3. On motion of Councilman Powell, seconded by Councilman Mahoney, a resolution was introduced "TO EMPLOY JOHN CLAREY ON A TEMPORARY BASIS IN THE FIRE DEPARTMENT ZED AND OFFOWORKLFOR APPROXIMATELYVSIXCMONTHS ATOAISALARY GOING OFO$7 HOSPITAL- SHIFT AND $5.68 FOR CALLBACKS ". AYES -- Councilmen Mahoney, Peterson, Powell and resident Junker NAYS - -None (see resolutions) 4. The Fire Chief had requested a recorder to be put on the Fire Department phone and this matter will be brought up again at budget time. 5. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Council authorized the Fire Chief to attend the State Convention at Croby - Ironton. (all in favor) 6. was�iintroducedo "EEMPLOYINGeROBERT CONLEY seconded AS ANIMALnCONTROL Powell, OFFICER THE CITY OF STILLWATER AT A SALARY OF $800.00 PER MOVER ". (all in favor) AYES -- Councilmen Mahoney, Peterson, Powell and President Junker NAYS - -None (see resolutions) 7. On motion of Councilman Powell, seconded by Councilman Mahoney, the Council aurhorized the sale of the unmarked police car to Hr. Abrahamson at a price of $2,300 and a resolution was introduced "AUTHORIZING THE POLICE CHIEF $100.00 PER MONTH FOR MILEAGE EFFECTIVE APRIL 1., :977 ". AYES -- Councilmen Mahoney and Powell and (Pre President identuJ NAYS -- Councilman Peterson • • • • • • • PARKS AND RECREATION 1. Mr. Blekum asked that the Creixwood Seventh Addition Park area be graded to the specifications originally setup for this area. At the present time it has not been done that way and he would like to have it done according to the original specifications. On motion of Councilman Peterson, seconded by Councilman Mahoney, Mr. Elloiott was directed to send a letter to Don Patton requesting that this park area be regraded to the original speci- fications. (all in favor) 2. Mr. Blekum also asked that the Council give some consideration, to the development of this park area - the proposed price tag was $75,000.00 for the complete job. He stated that $25,000 could be eliminated for the lighting of the ballfield and take out the $25,000 for the tennis courts. He would like to get the ballfield done and the original proposal is to be checked out on this park area. 3. and they�areeworking to the getth problems ssituat on the corre the tennis courts corrected. CITY ATTORNEY'S REPORT 1. M. Kimmel distributed to the Council a draft of "AN ORDINANCE MAILING IT UNLAWFUL TO CONSUME OR HAVE IN POSSESSION IN AN OPEN CONTAINER INTOXICATING LIQUOR OR NON - INTOXICATING MALT LIQUOR UPON PUBLIC STREETS, PUBLIC SIDEWALKS AND PUBLIC PARKING AREAS IN THE CITY OF STILLWATER ". The second reading of this ordinance will be taken care of at a future meeting. APPROVAL OF MINUTES On motion of Councilman Powell, seconded by Councilman Mahoney, minutes of the following meetings were approved: (all in favor) March 8, 1977 March 22, 1977 March 28, 1977 COUNCIL REQUEST ITEMS None QUESTIONS FROM THE PRESS REPRESENTATIVES None ORDINANCES Second reading - First Reading - Regular Meeting Regular Meeting Special Meeting April 12, 1977 7:30 P. M. 7:30 P. M. 7:00 P. M. Ordinance No. 547 - High Density Multiple Dwellings Ordinance No. 548 - Amending Multiple Dwellings - Medium Density Adopting the Metro Waste Control Rules & Regulations RESOLUTIONS The following resolutions were read and on roll call were adopted: 1. Directing the Payment of the Bills 2. Awarding de Bid for the Removal of the Diseased Dutch Elm Trees for 1977 3. Mileage Allowance for Wally Abrahamson (Councilman Peterson opposed) 4. Employing John Clarey in the Fire Department on a Temporary Basis. 5. Employing Robert Conley as Animal Control Officer 6. Ordering the Hearing on Local Improvement No. 129 - Hooley Property ADJOURNMENT - -On motion of Councilman Mahoney, seconded by Councilman Peterson, meeting adjoured at 10:25 P. M. - Attest: �/� � JJ A Ling City Clerk cd Mayor 215 the • ■ •