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HomeMy WebLinkAbout1977-05-24 CC MIN• • • — COUNCIL CHAMBER Stillwater, Minnesota May 24, 1977 7:30 P. M. REGULAR MEETING The meeting was called to order by President Junker. The Invocation was given by the Acting City Clerk, Schnell. Present: Councilwoman 11 Co Bodlovick. Councilmen Mahoney, Peterson, Powell I Absent: None Also Present: Acting City Clerk, Schnell; City Attorney, Kimmel; Superin- tendent of Public Works, Shelton; Public Safety Directo Abrahamson; Director of Parks and Recreation, Blekum; r � sulting Engineer, Elliott and Dick Moore; Planning Commission Chairman, Jeff Zoller Press: Citizens: Stillwater Evening Gazette - Bob Liberty WAVN - -John Hnvelt Iris Watson, James Hunt, Bob Hagstrom, Michael Arvold, Mr. & Mrs. Greg Freer, Mike Madsen, Dennis McKean INDIVIDUALS- DELEGATIONS. 1 the MEMORAN OFDUNDERSTANDINGTforr the R preservation b and r renovati renovation regarding of the School Building on South First Street. On motion of Councilman Peterson, seconded by Councilman Powell, the Council authorized the Mayor to execute the MEMORANDUM OF UNDER- STANDING BETWEEN RTR AND THE CITY OF STILLWATER FOR THE RESTORATION AND RENOVATION OF THE OLD NELSON SCHOOL BUILDING. (all in favor) On motion of Councilman Powell, seconeed by Councilman Mahoney, the Council authorized the City to sponsor a CETA employee to coordinate the office of RTR and the volunteer help which would involve no expense to the City of Stillwater and would in no way hinder the number of CETA employees available to the City. (all in favor) 2. MRS. CAROL FELIX, an employee of the Welfare Department appeared before the City Council regarding a parking ticket which she received when parked at the intersection of South Everett and West Anderson Streets where West Anderson Street is vacated and felt the Council could so something about same. She was informed that she was illegally parked when she parked in front of this barricade and she also stated that she has paid the ticket. She further stated that she was under the impression when Greeley Street was widen that it was done with the understanding that parking would be permitted on both sides and the City has now eliminated all parking in this area. She was informed that the reason for the "no parking" was a safety factor for visibility for traffic entering Greeley Street. (No action was taken on this matter and the parking situation at the Welfare Building is a County problem and not one for the City of Stillwater) 3. permissionBtoNhookup Second Avenue Heights the Council requesting Sewer System, On motion of Councilman Peterson, seconded by Councilman Mahoney, the Council authorized Mr. Hobson to connect to the Oak Park Heights Sewer System and he was directed to contact the City Attorney and the Acting City Clerk to prepare the necessary agreement for this connection. (all in favor) 4. MR. CRAIG SWAGER appeared before the City Council requesting permission to split a lot on South Sixth Street. On motion of Councilman Mahoney, seconded by Councilman Powell, Mr. Swager's request to split a lot on South Sixth Street was referred to the Planning Commission and that the Council would have a public hearing on the request on June 7, 1977. (all in favor) 2371 • 1 • • 238 • \ May 24, 1977 PETITIONS On motion of Councilman Mahoney, seconded by Councilman Powell, a resolution was UTILITIES FOR THE introduced "ACCEPTING INGITTHE TPPETITION TITIONPAND ORDERING A FEASIBILITY STUDY FOR THE AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and President Junker NAYS - -None (see resolutions) PUBLIC HEARINGS --This was the variance for day and for a Arvold, public hearing Fourth Street for a The Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City, on May 13, 1977 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. MR. ARVOLD was in attendance and made a few brief statements. The Mayor closed the hearing. On motion of Councilman Powell, seconded by Councilman Mahoney, the Council followed the recommendations of the Planning Commission and granted the three foot sideyard variance to Mr. Arvold which would be a "0" setback providing the neighbor on the north would sign a statement that she has no objection to same. (all in favor) - -This was the day and time set for a public hearing on Case No. 277 for a variance to remodel a carriage house into a dwelling unit on the dead -end of South Harriet for Greg Freer. The notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City, on May 13, 1977 /and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. Mr. & Mrs. Freer appeared before the Council and made no significant comments. No one elase appeared in favor or opposed W this request. The Mayor closed the hearing. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Council followed the recommendations of the Planning Commission and granted the necessary variances to convert a carriage house at the dead - end of South Harriet Street into a dwelling unit. (all in favor) - -This was the day and time set for a public hearing on the proposed assessments for Local Improvement No. 147 concrete curb and gutter and surfacing on the South side of Interlachen Drive abutting two lots in the Fairmeadows No. 3 Addition. Notice of the hearing was published in the Stillwater Evening Gazette, the officials newspaper of the City, on May 6, 1977 and copies were mailed to all property owners proposed to be assessed. The Mayor opened the hearing. No one appeared in opposition to these proposed assessments. The Mayor closed the hearing. nn motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, was4introduced "ADO °TING THE ASSESSMENT ROLL FOR AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and President Junker NAYS- -None (see resolutions) • • May 24, 1977 Bid No. 1 J. C. Madsen 114k North Main St Stillwater, Mn/ Cashier's Check ($38.00) Total Bid $742.00 On motion of Councilman Powell, seconded by Councilwoman Bodlovick, that the Council accept the bid of $742.00 subject to the roadway ease- ments and assume the responsibility for the wall if same came down on the west end of the property. AYES -- Councilwoman Bodlovick and Councilman Powell NAYS -- Councilmen Mahoney and Peterson and Mayor Junker (motion defeated) On motion of Councilman Powell, seconded by Councilwoman Bodlovick, if the bidder wishes to meet with the City Attorney and go over the points or prob lems that have been brought out regarding this property and that this item be put on the agenda for the second meeting in June. (all in favor) UNFINISHED BUSINESS 1. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Clerk was directed to open the one bid received for the sale of the City owned property on North Second Street. (all in favor) 2. On motion of Councilman Mahoney, seconded by Councilman Peterson, the Clerk was authroized to open the one bid received for the purchase of the City Owned property on West Olive Street. BID NO. 1 Wa a H err 112th struction Co. Stillwater Cashier's Check ($450.00) Total Bid $9,000.00 On motion of Councilman Peterson, seconded by Councilman Mahoney, the Council rejected the one bid for the purchase of the City owned property on West Olive Street. (all in favor) 3. the�Clerk was directed to open open° seconded for purchase of the Ritzer Property. • Bid No. 1 W a yn e Herr2Construction Co. Stillwater Cashier's Check ($2,228.00) Total Bid $44,550.00 On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, a resolution was introduced "AWARDING THE SALE OF THE RITZER PROPERTY TO WAYNE HERR CONSTRUCTION CO." for the bid price of $44,550.00. AYES -- Councilwoman Bodlovick, Councilmen Mahoney and Peterson and Mayor Junker NAYS -- Councilman Powell (see resolutions) 4. On motion of Councilman Peterson, seconded by Councilman Powell, the Council followed the recommendation of the Consulting Engineer to delay the storm sewer drainage project on Oasis Avenue by John Ogren's property until sometime this fall due to the fact that the County's improvement of this street will not be done until April of 1978. (all in favor) 5. On motion of Councilman Powell, seconded by Councilman Mahoney, the following meter locations were approved for the Stillwater Taxi Co. to be vacated subject to review on January 1, 1978: 23Th • ■ • • • 240 - -The 2nd and 3rd meters in front of the Valley Auto on the west side of South Second Street - -First Meter at Main and Chestnut Street - south side of the street in front of Smitty's Barbershop - -The first meter at Main and Olive - east side of the street in front of the Laundromat (all in favor) 6. On motion of Councilman Powell, seconded by Councilman Peterson, the Council set the date of the hearing on the left turn lanes on Main Street for the first meeting in July and that notices be sent to all businessess on the west side of Street between Chestnut and Myrtle Streets. NEW BUSINESS 1. On motion of Councilman Powell, seconded by Councilman Peterson, that the Building Inspector along with the Police Chief inspect the premises located at 805 South Fifth Street and also find out who the owner is of this property and report back at the next regular meeting. (all in favor) 2. On motion of Councilman Peterson, seconded by Councilman Mahoney, the request made by Wayne J. Johnason, 12991 Boutwell Road North, Stillwater to rent some City owned property in his area for pasturing two horses was referred to the City Attorney and the Director of Public Works for their study and recommendation at the next regular meeting since if there are trees on the property they may have to be protected to prevent them from damage. (Councilman Powell opposed) 3. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Con- sulting Engineer was directed to make application for Public Works Assistance Funds for the proposed improvements at the Ice Arena and the Dutch Town Sewer and Water project. (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 AMENDING ORDINANCE NO. 448, LICENSING OF CONTRACTORS IN THE CITY OF STILL - WATER". (This wll provide for additional types of contractors which should be licensed) (all in favor) 5. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Council set the hearing date for Case No. 278, garage variance for Quentin Heimerman, 1103 South Everett Street, for Tuesday, June 7, 1977 at 7:30 P. M. (all in favor) 6. On motion Councilman eson, seconded yBIouncilman Mahoney, a resolution was introduced ilmaINP THE AYES -- Councilwoman Councilmen Mahoney, Peterson, Powell and PRESIDENT Jlmen NAYS- -None (see resolutions) INDIVIDUALS- DELEGATIONS - continued A citizen complained about the bicycles and skateboarders on the North Hill Tennis Court and he was informed that signs have been placed at this location and hope- fully the problem will be resolved. APPLICATIONS On motion of Councilman Peterson, seconded by Councilman Mahoney the following Contractor's Licenses were approved: George C. Bauer - Climate Control Insulation 909 South Fourth Street, Stillwater Insulation & Ventilation Tom Melling Excavating Co -, Inc. 4656 Sumter Ave. N., New Hope, Mn. 55428 Excavating Jack Rice Construction 8496 Lofton Ave. N., Stillwater May 24, 1977 General Renewal New Renewal • • • ilb • eas OEM May 24, 1977 - -On motion of Councilman Powell, seconeed by Councilman Peterson, the following 3.2 On Sale Beer Licenses were granted: (all in favor) Lake Elmo Oilers c/o Lily Lake Park, Stillwater Church of St. Michael 611 5. Third St., Stillwater Softball Tournament Parish Festival - -On motion of Councilman Peterson, seconded by Councilman Mahoney, a permit was granted to the American Legion Club to serve 3.2 beer at their organization's picnic which will be held at Pioneer Park on Sunday, May 29, 1977. (all in favor) - -On motion of Councilman Peterson, seconded by Councilman Mahoney, a Sunday On- Sale Liquor License was granted to Meister's, 112 North Main Street, Stillwater for the balance of the year 1977. (all in favor) COMMUNICATIONS From the First National Bank of St. Paul regarding the Community Assistance Programs. The Council,at the advice of Mr. Elliott, did not feel that the l 1 City of Stillwater would be interested in such a service at this time. CITY COORDINATOR'S REPORT_ 1. Discussion was held regarding the monies which would be received from the sale of the City owned property at Mulberry and Second Str -ets to the Dominium Corporation - the Board of Water Commissioners felt they were entitled to this money which would be used for the construction of well No. 9. Mr. McKean felt that the City should provide the Water Department with property for wells since they cannot own property or sell same. The money would be applied to the cost of the new well which would be about a total of $400,000. On motion of Councilman Mahoney, seconded by Councilman Powell, the Council authorized that the mosey from the sale of the property at North Second and Mulberry Streets be transmitted to the Board of Water Commissions. (all in favor - Councilman Peterson abstained from 2. Councilwoman Bodlovick and Mayor Junker indicated that they would be attending the League Convention which will be held at Rochester June 8 -10, 1977. 3. The Council at this time does not wish to reconvey the tax forfeit property on North Fifth Street back to the State of Minnesota until they have had a chance to look at same to see if they have a need for it. 4. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Mayor was instructed to send a letter to Mrs. Krog indicating that there is another party interested in the appointment to the Library Board, giving her the name of this person and asking them to make a final recommendation for the replacement for Mrs. William Engler. Also the Mayor was directed to send a letter to Mrs. Engler accepting her resignation with regret. (all in favor) Acting 5 City Clerk was directed to attend the meeting of fl Councilman the ASSOC ASSOCIATION the OF METRO- POLITAN MUNICIPALITIES t was asro be held on May 25, 1977 at 6:30 P. M. (all in 6. On motion of Councilman P:.tarson, seconded by Councilman Mahoney, the City Attorney was directee. to take the proper action on the condition of the J. C. Meeds, Inc. property on South Greeley Street after June 1, 1977 when the order issed by the Police Department expires. (all in favor) 241 ■ 1 • • 242 May 24, 1977 • CONSULTING ENGINEER'S REPORT 1. MR. ELLIOTT reporteo that McGrand & Forvarp, the contractors for the Croixwood Seventh Addition improvements has not responded to the punch list of unfinished work and he was considering the possibility of con- tacting the bonding company to have them take over the work and complete the punch list. (This was agreeable to the Council) COMMITTEE REPORTS PUBLIC SAFETY No report PUBLIC WORKS 1. Mr. Shelton reported to the City Council that the stakes have been placed as to the location of thespartment building that is being proposed on South Greeley Street and asked the Council to make an inspection of same. 2. Councilman Peterson reported on the condition of the old sweeper which the City repurchased and which is in a worn -out condition. The City has three alternatives (1) have it repaired for a cost of $7,000; (2) run it until it falls apart; (3) purchase a new one at about $40,000. The Council agreed that the mechanic should put it back together and run it until it gone without spending any money on same. PARKS AND RECREATION 1. On motion of Councilman Peterson, seconded by Councilman Powell, the City Attorney was directed to draw up a lease agreement with the Jubilee II for the lease of the lower portion of the Pavilion Building in Lowell Park at a figure of $100 per year and incorporate in the a state - ment holding the City harmless in any way. 2. Mr. Courts and further on the patrolinge with soneof t problemslwill Tennis be solved. Also there have been complaints about the lighting at these courts and some of the lights are burned out and they will be replaced. He did have t hetCouncil for and the next meeting. 3. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Director of Parks and Recreation was directed to accept the low quote of Brochman Blacktopping in the amount of $2,770.00 for the blacktopping of the Bonse Property at the Lily Lake Park in accordance with budgeting for this item for this year. (all in favor) 4. Mr. Blekum reported that he has been in court on the case of Isker vs. the City of Stillwater on the tree that fell on his car last summer and to date he had not received the jury's verdict on the case. He was also in court on the same employee involving his separation of employment with the City of Stillwater and his unemployment benefits. Mr. Isker did not appear and the original ruling stands. CITY ATTORNEY'S REPORT None ADMINISTRATIVE COMMITTEE 1. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Council followed the recommendation of the Administrative Committee to deny the request from Robert Brothen which requested compensatory time for the overtime that he put in for the last two seasons at the Ice Arena. He is to be informed that he is a salaried employee and is not entitled to compensatory time for any overtime he puts in. (all in favor) COUNCIL REOUEST ITEMS 1. Councilman Powell indicated that the condition of Lowell Park on the north asked that some of the is used to clean -uand h islu debris and area • • • 2. Councilman Peterson indicated that Mr. Graham of the Northwestern Bank had contacted him about his new bank building which will be located on the Hooley property and he had contacted Mr. Kimmel and he was told to see John Lawson about his plans and secure the building permit from the City for same and he wants to go before the Planning Commission as he is anxious to proceed with this project. COUNCILMAN MAHONEY indicated that he still has to go to the Joint Planning. MR. HOOLEY indicated that according to the Joint Planning Commissions' mintes he had not t to their eithernbynMr. and he the assistant County Attorney on this matter. 3. On motion of Councilman PETERSON, seconded by Councilwoman Bodlovick, !" the date of the second regular meeting of the City Council to be held in June would be changed from June 21st to June 28th due to numerous conflicts.- (Councilman Powell opposed) 4. one Bodlovick for grants and Council population data. piled Ian May 24, 1977 ORDINANCES First reading - An Ordinance Amending Or 4481- Licensing of Stillwater RESOLUTIONS The following resolutions were read and on roll call were adopted: 1. Directing the Payment of the Bills. 2. Accepting Petition and Ordering Feasibility Study - Croixgate Develop - ment. 3. Adopting Asse =anent Roll Local Improvement No. 147 - Interlachen Drive. 4. Sale of Ritzer Property ADJOURNMENT On motion of Councilman Powell, seconded by Councilman Peterson, the meeting adjourned at 10:25 P. M. Attest: Acti g City Clerk Mayor 24Th' •