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HomeMy WebLinkAbout1977-06-28 CC MIN• COUNCIL CHAMBER Stillwater, Minnesota June 28, 1977 7:30 P. M. NOM REGULAR MEETING The meeting was called to order by President Junker. The Invocation was given by the Acting City Clerk. Present: Councilwoman Bodlovick, Councilmen Mahoney, Peterson, and President Junker Absent: Also Present: Press: Citizens: Councilman Powell Assistant Acting City Clerk, Schnell; City Attorney, Roy Moisten; Superintendent of Public Works, Shelton; Public Safety Director, Abrahamson; Director of Parks and Recreation, Blekum; Consulting Engineer, Elliott; Planning Commission Chairman, Zoller Stillwater Evening Gazette - Bob Liberty Harry Peterson, Frank Aiple, Jim Simpson, Arc i:n..-ier, Owen Thomas, Richard Tuenge, Vincent Turnblad, Mr. Sweet (Croixgate), Calvin Nelson, Terry O'Brien, Paul P -nk, Michael McGuire, Jerry Sisk (Burger King), Mrs. Martin Hansen, Neal Casey, Al Obermann INDIVIDUALS- DELEGATIONS 1. MR. RICHARD TUENGE, Forsty Foods Lockers, appeared before the City Council request- ing permission from the Council to install a freezer behind his locker plant in downtown Stillwater. On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, the Council granted a Special Use Permit to Mr. Richard Tuenge to install a freezer behind his locker plant in downtown Stillwater. (all in favor) 2. MR. JAMES LAMMERS was unable to appear in behalf of Doerfler Construction regard- ing their Special Use Permit for a 40 unit apartment building on South Greeley Street, but submitted a written request to the City Council on this mater and also Mr. Kimmel submitted his written opinion regarding another hearing on Case No. 275. 3. MR. MICHAEL MC GUIRE appeared before the City Council explaining the type of businesses which will be operating at the old NSP building. There will be a Wicker Store on the south which will open in August; a restaurant which will occupy about 2,000 square feet which will seat 120 people and will open as soon as possible; a Community Credit office of 900 square feet on Main Street nest to the Nordic Shop and there will be three offices on the second floor. It will be two or three years down the pipeline for the balance of the area. He has parking on the property itself for 58 cars. Car Wash Building - he had talked to John Lawson about this and for the list of violations and it is a non - conforming use and the only way he could continue the use of that building as a garage would be to get a Special Use Permit. He questioned getting a temporary variance to continue the use of the building as a garage for the next two or three months, but if it is not legal he could terminate it. MR. HOLSTER ruled that the only way that it could be done would be through a Special Use Permit. MR. MC GUIRE requested that possibly he could notify the tenant to move within thirty days. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Council instructed Mr. McGuire to inform the operator of the automotive repair shop in the car wash that the business must be closed as of July 12, 1977. (all in favor) MR. MC GUIRE also requested a variance to install windows on the south wall of the Old Northern States Power Building that faces the Erickson property. (According to Mr. Lawson this would be a variance from Section 2003 (b) of the Uniform Building Code) On motion of Councilman Mahoney, seconded by Councilman Peterson, The Council granted a variance to Mr. McGuire to install windows in the south wall of the Old Northern States Power building and if at some future time construction on the Erickson property caused these window openings to become a fire hazard, he would be agreeable to the closing of same. (all in favor) 251) 7 252 • June 28, 1977 4. PAUL PINK, Architect for the Freighthouse, appeared before the City Council with drawings of the buildings and siteplans. They have removed all of the retail and it will be a restaurant only with a portion of the basement for storage - dinging for 188 people - cocktail lounge for 40 - wine cellar for 40 people. They have 41 parking spaces for 41 cars on their site and they would have access to 48 park- ing places in the metered area immediately in front of the building. They have surveyed the area and there is parking for 177 cars in the block that surrounds the Freighthouse building. COUNCILMAN PETERSON questioned the number of parking places on the original pro- posal which showed 90 on site and MR. PINK showed the two plans they have added more green area to that portion abutting Lowell Park. MR. PETERSON also asked about their using the tracks for parking and MR. PINK said that they are available but they do not plan to use them. MR. PETERSON also asked if they checked the empty stalls during the daytime hours and he stated that they had and there were 28 empty spaces in the metered area. On motion of Councilman Mahoney, seconded by Councilman Peterson, The Planning Commission was directed to take a look at the revised plan at their meeting of July llth and the Council will take action on July 12th. (all in favor) PETITIONS - -On motion of Councilman Peterson, seconded by Councilman Mahoney, the petition requesting the installation of a four -way stop sign at the intersection of South Holcombe and West Willard Streets was referred to the Public Safety Committee for study and recommendation at the next regular Council meeting. (all in favor) - -On motion of Councilman Peterson, seconded by Councilman Mahoney, the Council vacation of 110 feet of 12, 1977 at 7 :30 P. M Street M. (all in favor) UNFINISHED BUSINESS 1. On motion of Councilman Mahoney, seconded by Councilman Peterson, the Council rejected the one bid received from J. C. Madsen for the purchase of the City property on North Second Street abutting Pioneer Park. AYES -- Councilmen Mahoney and Peterson and Mayor Junker NAYS -- Councilwoman Bodlovick (motion carried) 2. NRS. MARTIN HANSEN complained about the condition of the railing and fence by Pioneer Park. Mr. Shelton and Mr. Blekum will look at this fence and make a recommendation and in the meantime will get some quotes for its repair or replacement. Mr. Shelton will also have Mr. Wood straighten out the bent pipe until the City can get same repaired. On motion of Councilman Mahoney, seconded by Councilman Peterson, the Public Works Director was to take care of the necessary repairs and was directed to obtain quotations for the repair or replacement of this fencing. (all in favor) THE MAYOR DECLARED A RECESS FROM 8:30 to 8:40 P. M. 3. On motion of Councilman Peterson, seconded by Councilman Mahoney. the Council approved the Mayor's appointment of Sharon Baker to the Library Board. (all in favor) 4. The City Attorney sent a memo to the Council regarding the compensation while on Military Reserve or National Guard Duty which according to an Attorney General's opinion that an employee is entitled to his full military pay and in addition, he is entitled to receive his pay from the public agency. However, absences for other employment would not be covered by this ruling. The Coucil variousndepartmentsdsohthatr all l employees t and department are aware of this ruling. 5. On motion of Councilman Mahoney, seconded by Councilman Peterson, the Council directed that the hours for the Dump Boxes that were previously set be con- tinued until the and of October, 1977. (all in favor) r • • • • 6. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Director of Public Works was directed to setup demonstrations for the Power Vacuum equipment with MacQueen and others for the City Council before pur- hasing same. (all in favor) 7. MR. ARTHUR MUELLER appeared before the City Council in reference to the easements and other v.riances which he will need to build on his property which is unplatted in Dutchtown. Mr. Kimmel had submitted a memo to the City Council on this matter as follows: 1. There is no private easement of record providing access to the property -the one used is not legally available to this property. 2. The roadway that is being used is a private easement -never conveyed or dedicated to the City it may have become a public road through maintenance by the City (we apparently plow snow there) but it has it in 66 feet width and I do not believe the adjoining property owners would want or agree to that. It is presently used to a 10 -12 foot width. I doubt if the City would want to take it over and construct and maintain it to a proper width without assessments. 3. The parcel conveyed id technically in violation of the subdivision ordinance and the City Cpuncil would have to grant a variance if a building permit is to be issued. 4. If the Council grants the various permits and variance required, the status of the roadway should definitely be clarified. Discussion followed and it was stated by Mr. Moisten that it would be necessary that this easement be straightened out on the deed before any variances could be granted. 8. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Police Chief was directed to check out the license plate registrations on the numerous vehicles parked at the Ron Bell residence at 1603 North First Street as to their ownership. (all in favor) Any 1 June 28, 1977 NEW BUSINESS 1. TERRY O'BRIEN, of the St. Croix Boom Co., appeared before the City Council requesting variances to City Ordinance No. 356 and the Building Codes for the installation of awnings on his building on downtown Stillwater. On motion of Councilman Mahoney, seconded by Councilman Peterson, the Council granted a variance from Section 4506 (b) of the Building Code for the installation of awnings at the St. Croix Boom Building. (all in favor) 2. On motion of Councilman Mahoney, seconded by Councilnan Peterson, the Council directed that the money received from the sale of the Ritzer property in Stillwater Township in the amount of $44,550.00 be receipted to the General Fund. (a11 in favor) 3. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Excavator Bond for Rudy Chaves, dba C & P Excavating was approved. (all in favor) 4. On motion of Councilman Mahoney, seconded by Councilman Peterson, the Council directed the Acting City Clerk to advertise the City owned property at North Fourth Street and St. Croix Avenue (old water tank site) for sale with said bids returnable Tuesday, July 26, 1977 at 7:30 P. M. (all in favor) 5. On motion of Councilman Mahoney, seconded by Councilman Peterson, the Council confirmed the Mayor's re- appointment of Jack Lay to the Board of Water Commissioners for a three year term commencing July 1, 1977. (all in favor) 6. On motion of Councilman Mahoney, seconded by Councilman Peterson, a resolution was introduced "EMPLOYING TWO ADDITIONAL LIFEGUARDS FOR THE LILY LAKE BEACH" (Regular - Matthew Eastwood and substitute Karen Skalbeck). AYES -- Councilwoman Bodlovick, Councilmen Mahoney and Peterson and President Junker NAYS - -None (see resolutions) 7. On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, the Council granted a Special Use Permit for one year to Jerry Perkl to use the Old Presbyterian Church Building for storage, subject to his parking his vehicles parallel to the curb when loading and unloading at this location. (all in favor) 8. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, a resolution was introduced "REQUESTING AND AUTHORIZING THE METROPOLITAN COUNCIL HOUSING AND REDEVELOPMENT AUTHORITY TO APPLY FOR REHABILITATION GRANT FUNDS FOR IMPLEMENTATION OF THE HOME IMPROVEMENT GRANT PROGRAM WITHIN THE CITY OF STILLWATER ". 25e • • • • 1 • June 28, 1977 AYES -- Councilwoman Bodlovick, Councilmen Mahoney, and Peterson and President Junker NAYS - -None (see resolutions) 9. On motion of Councilman Mahoney, seconded by Councilman Peterson, the Council authroized the payment of the AMMA dues in the amount of $1,329.00. (Added to the resolution "Directing the Payment of the Bills ") (all in favor) 10. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Clerk made the first reading by title of an ordinance entitled : "AN ORDINANCE ESTABLISHING AN INDUSTRIAL USER STRENGTH CHARGE IN ADDITION TO THE CHARGE BASED UPON THE VOLUME OF DISCHARGE BY AN INDUSTRIAL USER AND ESTABLISHING AN INDUSTRIAL USER STRENGTH CHARGE FORMULA FOR THE COMPUTATION THEREOF TO RECOVER THE STRENGTH OF T HE DISCHARGE OF INDUSTRIAL WASTE SERVICES SE U SEWER SYSTEM AND ESTABLISHING TAX LIEN AGAINST PROPERTY SERVED IN CONNECTION WITH SUCH STRENGTH CHARGE ". (all in favor) 11. On motion of Councilman Mahoney, seconded by Councilman Peterson, a resolution was introduced "Setting the date for the Assessment Hearing for Local Improv- ment No. 140 for Utilities for the Croixwood Seventh Addition for July 26, 1977 at 7:30 P. M." AYES -- Councilwoman Bodlovick, Councilmen Mahoney and Peterson and President Junker NAYS - -None (see resolutions) 12. On motion of Councilman Peterson, seconded by Councilman Mahoney, a resolution was introduced "DIRECTING THE PAYMENT OF THE BILLS ". AYES -- Councilwoman Bodlovick, Councilmen Mahoney and Peterson and President Junker NAYS - -None (see resolutions) 13. On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, the Clerk CERTAINePROPERTIESdIN THE CITYe0Ff entitled STILLWATER" (Lots 4 43, 48 and 49 inDutch- town). (all in favor) 14. PLANNING COMMISSION ITEMS FOR LATER ACTION: 1. Zoning for and area requirements for two family dwellings. 2. Researching the use of a parking specialist to solve the parking problems in Downtown Stillwater. 3. Candidates for the Planning Commission - July llth meeting. 4. Possible use of the Aiple property for parking INDIVIDUALS AND DELEGATIONS 1. JERRY SISK of Burger King appeared before the City Council regarding a letter to be sent to Stillwater Township indicating that the City of Stillwater is agreeable to their hooking up to the Oak Park Heights sewer and water. (The Council did take action on March 22, 1977 agreeing to this hookup as requested by Oak Park Heights for Mr. Augustine - the Acting City Clerk was directed to send this information to Stillwater Township) 2. MR FRANK AIPLE was in attendance regarding the sub - leasing of his property and he was informed by the Council that they will take action on this matter after the Planning Commission has submitted their recommendation which should be at the July 12th meeting. APPLICATIONS On motion of Councilman Peterson, seconded by Councilman Mahoney, the following Contractor's Licenses were approved: Bowen Construction Co. Somerset, Wisconsin 54025 The Carpenters - Judd Cates 15720 - 100th St., Stillwater Hudworth, Inc. Wisconsin 54016 1525 Coulee Road, Hudson, Walter LaRoche - Dewey Lau 802 South Sixth Street, Stillwater General New General Renewal General New General Renewal (continued on the next page) • • ■ • June 28, 1977 Minnesota Package Products, Inc. General Renewal 6922 - 55th Ave. N., North St. Paul 55109 Michael J. Raleight Trucking P. 0. Box 261, Stillwater A. J. Spanjers Co., Inc. 6351 North Lilac Drive, Minneapolis 55430 Clarence Steltzner Rebuilders 1326 W. Ramsey Street, Stillwater General Renewal Schostag Construction Co. 1234 Birch Lake Blvd. Sto., White Bear Lake 55110 Masonry & Brick Work Renewal Masonry & Brick Work Renewal General John Wyss Roofing 314 North Division Street, Roberts, Wisconsin 54023 Roofing New - -On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, the Council granted a 3.2 Off Sale Beer License to Wesley all Neal IGA CountryeBoy) Store, 215 North William Street, Stillwater. COMMUNICATIONS. From the Metropolitan Council giving the population estimates for the communities in this area. (no action) From the Fire Chief regarding the Gerber property at Fourth and Oak Streets. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Council directed the t Chief to have Mr. (alllinnfavor)e weeds ds on his property a From Banister Engineering informing the Council on the Local Public Works Fact Sheet. (no action) From Howard R. Tuttentine to the Planning Commission regarding Swager Bros. plat in the Cooper's Addition. (The Planning Commission will take care of this at a future meeting) From the F Chief regarding the property on the east side of Oasis Avenue being leased by Mr. Meads. Cu motion of Councilman Peterson, seconded by Councilman Mahoney, the Council directed that all of this information be transmitted to Karl Schmoeckel regarding the operations and the conditions of this leased property which is now owned by Mr. Schmoeckel. (all in favor) Renewal 25 CITY COORDINATOR'S REPORT 1. On motin of Councilodirectednthe Mayor send k a letter e of b thanks ctomSt .PMichael' the Michael's Church, Stillwater for their donation of $100.00 to the City of Stillwater for services. (all in favor) 2. was consideredaandd the d Council agreed that it not s be l possible to grant this rate for these people in their households. 3. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Director of Public Works was instructed to have diseased trees removed at the Old Courthouse at City expense. 4. On motion of Councilman Peterson, seconded by Councilman Mahoney, the request from the Fire Chief for the purchase of a tone alert monitor for the Fire Department was referred to the Public Safety Committee for their study and recommendation. (all in favor) 5. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Acting City Clerk was directed to contact the State of M ill sotaareg) d ing information about their doing audits for municipalities. CONSULTING ENGINEER'S REPORT MR. ELLIOTT made a presentation to the City Council on the proposed improvements which will service the Croixgate Area and adjoining properties. (continued on next page) • 2 • • • • nr 4 i Juu 2d, 1977 The lift station would benefit an area byond Croixgate or all of the property which he indicated inside a given "red line ". It could service the property on the West side of County Road No. 5 and possibly the Council could develop some type of connection charge for those properties in the future; that is in lieu of an assess- ment they could be charged a connection charge when they hookup. The estimated costs were: Watermains $202,200 Sewers, storm sewers forcemain $205,700 Drainage $734,100 Streets $346,000 Total $1,488,000 The costs for the ponding should be about $110,000 for the land and the grading of these ponds for the retention of the storm water. The width of the streets for this area has not been determined and he felt that a 66 foot right -of -way could be developed with a divided four line roadway with a 16 foot green area between the lanes. On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, a resolution was introduced "ACCEPTING THE FEASIBILITY STUDY AND ORDERING THE HEARING ON THESE IMPROVEMENTS FOR JULY 12, 1977 AT 7:30 P. M. AYES -- Councilwoman Bodlovick, Councilmen Mahoney and Peterson and President Junker NAYS - -None (see resolutions) COMMITTEE REPORTS PUBLIC SAFETY On motion of Councilman Peterson, seconded by Councilman Mahoney, a resolution was introduced "AUTHORIZING THE SIGNING OF THE NECESSARY LOCATIONS IN THE CROIX- WOOD SEVENTH ADDITION AS RECOMMENDED BY THE POLICE CHIEF ". AYES -- Councilwoman Bodlovick, Councilmen Mahoney and Peterson and Mayor Junker NAYS- -None (see resolutions) PUBLIC WORKS 1. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Council authorized the billing for sewer service to the Maple Island at a rate of $650.00 per month as recommended by the Public Works Committee. (all in favor) 2. On motion of Councilman Mahoney, seconded by Douncilwoman Bodlovick, the Public Works Committee was directed to screen the applications for the Heavy Equipment Operator for the street department and select seven to ten who will b'e interviewed by the entire Council. (This list will be supplied to the Council on July 12, 1977). (all in favor) 3. Discussion was held regarding the blowing of the fuses at the Brick Street Lift Station and Mr. Elliott agreed to take care of this matter and have a professional check same out. 4. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Council instructed the Director of Public Works to obtain quotes on a pickup truck within the neighborhood of $2,300 and report back at the next regular meeting. (all in favor) 5. Mr. Shelton reported on the number of diseased elm trees that they have marked to date and at the rate they ale marking them it is possible that the total number will be well over 1,000. The Council directed that a letter be sent to the County Board reqest- ing that they use the State money to reduce the cost of the dump fees for the disposal of diseased elm trees and that the City of Stillwater is dis- pleased with the exhorbitant dump charges that are being charged for the disposal of these trees. PARKS AND RECREATION 1. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Council granted approval for a wine permit for French Days to be held at Pioneer Park. (all in favor) 2. Discussion was held regarding the agreement with the Courthouse Foundation that the City of Stillwater would be responsible for the outside maintenance and Mr. Blekum would like to have same clarified and defined. The City of Stillwater feels that this should cover only snow plowing and taking care of the lawn work - and not any repair of the wall or other outside things. • • • 3. Mr. Blkum reported that the Croixwood Parks it the Seventh Addition have r been graded to specifications and are now ready to be developed. He would like to get Stage I done for the ballfield which would be to put in the base and seed the area or get some sod which would cost about $19,500. (Mayor Junker stated that he could get the sod for the project later this week.) CITY ATTORNEY 1. The City Attorney was directed to proceed with the court proceedings for the complete removal of the building at 1022 Fourth Avenue South in accordance with Mr. Kimmel's letter to the City Council on this date. (The Police Chief was directed to make an inspection of the garage on this property since there was a report that the owner is living in same) 2. Mr. Holsten commented on the letter that Mr. Kimmel sent to the City Council regarding a referendum relating to zoning matters in the City of Stillwater. (According to this letter the State of Minnesota makes no provision for such a referendum.) COUNCIL REQUEST ITEMS 1. A request was made regarding the fact that cars are parked so close to the stop signs at Olive and Martha that people are unable to see the signs and it was requested that the signs be moved back and that a portion of the curbe be painted yellow. 2. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Council requested that out representatives on the Joint Planning Committee vote in the affirmative on the building permit request from the Northwestern Bank to build on the Hooley Property on Highway 212. (all in favor) QUESTIONS FROM THE PRESS REPRESENTATIVES None ORDINANCES First readings - An Ordinance for Metropolitan Strength Charge System for Sewage - An Ordinance Rezoning Certain Properties in the City of Stillwater (4 blocks in Dutchtown) RESOLUTIONS - The following resolutions were read and on roll call were unanimously adopted: 1. Directing the Payment of the Bills. 2. Employing Two Additional Lifeguards for the Lily Lake Beach (Eastwood and Karen Skalbeck) 3. Housing and Redevelopment Authority Rehabilitation Grant Funds 4. Hearing for Proposed Assessments for Local. Improvement No. 140 Croixwood Seventh Addition Utilities. 5. Accepting the Feasibility Study and Ordering Hearing on Improvements for the Croixgate Area. 6. Stop sign locations in the Croixwood Seventh Addition. ADJOURNMENE - On motion of Councilman Peterson, seconded by Councilman Mahoney, the meeting adjourned at 10:30 P. M. Attest: Actin City Clerk June 28, 1977 e .� Mayor 257) 1