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HomeMy WebLinkAbout1977-07-26 CC MIN• • • 670 COUNCIL CHAMBER Stillwater, Minnesota July 26, 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 Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker Absent: None Also Present: Acting City Clerk Schnell; Assistant City Attorney, Holsten; Superintendent of Public Works, Shelton, Public Safety Director, Abrahamson, Director of Parks & Recreation, Blekum; Consulting Engineer, Elliott; Planning Commission Chairman, Jeff Zoller Press: None Citzens: Matt Hammerschmidt, Don Carlson, Dr. Paul Quinn, Tom Langford, Jim Graham, Mr. & Mrs. Roger Hayes, Jack Safar, Grace and Marie Stanek, Mr. & Mrs. Arthur Mueller, Robert Scheel, Wilbur Monson INDIVIDUALS - DELEGATIONS 1. TOM LANGFORD, Executive Secretary for the Washington County Historic Foundation, appeared before the City Council regarding the City's Agreement with the Foundation. On motion of Councilman Peterson, seconded by Councilman Mahoney, this agreement and resolution was referred to the City Attorney for discussion with the County Attorney and Mr. Langford before any resolution is adopted and that the outside maintenance agreement is resolved and the City Attorney is to report back with his recommendation at the next regular meeting. All in favor) 2. MR. ARTHUR MUELLER appeared before the Council and presented the necessary easements requested for the egress and ingress to his property which is unplatted in the northern portion of Stillwater. On motion of Councilman Mahoney, seconded by Councilman Peterson, the easements were approved subject to the final approval of the City Attorney. (all in favor) 3. DR. PAUL QUINN, representing the St. Croix Valley Clinic, appeared before the City Council regarding waivers from the code requirements for the door closers for the rooms in the new clinic building to be built on West Anderson Street. On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, the Council granted the necessary waiver of the code requirement for door closers for all examination rooms, special procedure rooms, and consultation rooms at the St. Croix Clinic Building. (all in favor) 4. There were no bids received for the sale of the City owned property on North Fourth Street. 5. On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, the Council granted a beer permit to a Concert Group for Pioneer Park on Saturday, August 6, 1977 from 6:30 to 10:00 P. M. (all in favor) 6. JACK SAFAR, from Dominium Corporation, appeared before the City Council regarding the purchase of a 50 x 50 foot piece of property adjacent to the Housing for the Elderly and also a deed for three easements. On motion of Councilman Powell, seconded by Councilman Peterson, the purchasa agreement for the 50 x 50 foot piece of property was referred to the City Attorney to work out the sales agreement with Dominium and to negotiate a price and report back at the next regular meeting. On motion of Councilman Powell, seconded by Councilman Mahoney, the motion was amended to read that the Council approves the sale of the property at the same square footage cost as the original property sold for this project and that the City Attorney draw up the contract on that basis. Vote on the amendment - all in favor Vote on the motion - all in favor The Council aim directed that the City Attorney check out the proposed easements presented by Mr. Safar. • • • L • • eN July 26, 1977 An PETITIONS From the residents on Orwell Court regarding the billing for sewer service availability charges. On motion of Councilman Mahoney, seconded by Councilman Peterson, a resolution was introduced "SUPPORTING A PETITION REGARDING SEWER SERVICE AVAILABILITY CHARGES ". (Opposing SAC Charges) AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) PUBLIC HEARINGS 1. This was the day and time to continue the hearing on Revenue Sharing. MR. WILBERT MONSON, 105 E. Wilkins Street, advised the City Council that the Metro Council Advisory Committee for Transportation for the Aged will be looking for some fuding and he was not qualified to speak for them as he is a member of this committee. The PUBLIC WORKS COMMITTEE made the following requests. - - Continue the program of Sealcoating $20,000 - - Allocate $5,000 this year and $5,000 next year for the replacement of trees on the boulevards and in the City Parks $10,000 On motion of Councilman Peterson, seconded by Councilman Mahoney, the Director of Public Works was instructed to obtain cost figures from Washington County for the blade - matting of some of the unpaved streets in the City with moneys from the State Aid Maintenance Funds (all in favor) The Mayor closed the hearing at 8:20 P. M. On motion of Councilman Powell, seconded by Councilman Peterson, the Council directed that the hearing on Revenue Sharing would be continued at the August 9th Council meeting. (all in favor) 2. This was the day and time set for a public hearing on Case No. 281, Matt Hammerschmidt, 816 West Oak Street for a variance for a garage. Notice of the hearing was published in the Stillwater Gazette, the official newspaper of the City, on July 15, 1977 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 variance - Mr. Hammerschmidt was in attendance. The Mayor closed the hearing. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Council followed the recommendation of the Planning Commission and granted the 9% foot variance for the construction of a garage. (all in favor) 3. This was the day and time set for a public hearing on Case No. 282 for a proposed amendment to Ordinance No. 383 Rezoning Block 42, 43, 48 and 49 Carli Schulenburg's Addition to the City of Stillwater. Notice of the hearing was published in the Stillwater Gazette, the official newspaper of the City, on July 15, 1977 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. COUNCILMAN PETERSON asked that it be noted in the recores that a letter had been received from Lilliand and Louise Berg indicating their approval of the rezoning. MR. GILBERT LARSON, 104 E. Poplar Street, did not wish to see the beauty of the area destroyed and wanted to see the Multi- Family zoning eliminated. DON CARLSON, 1723 North Second Street, spoke in favor of the Single Family zoning and he did not want a density of traffic in this area. Those who live there want it kept a quiet and peaceful area and they want co enjoy what they have and it should be left for individual homes. ROGER HAYES, 1819 North Fourth Street, indicated he was in favor of the proposed rezoning. • 271' • • • • • l2 HAROLD KAECK, 1818 North Broadway, also was in favor of the amendment. GARY SWAGER, stated that Swager Bros. have no plans for the property that they own in these blocks. They have developed what they wish to develop up to this point. He questioned if this was the proper plan to have no areas available in the City of Stillwater for Multi - Family dwellings and most of their current property is for duplexes. COUNCILMAN PETERSON stated that there are areas out on South Greeley Street which has just come into the City and also property along Highway 212 that could be zoned for multi - family dwellings. MR. SWAGER added that he felt there should be more land allowed for multi- family dwellings and that there should be a genuine interest for all types of housing. MRS. ROGER HAYES, asked that the terran be considered and also the driving and parking on these narrow streets which is very dangerous - not a good area for multi - family housing. She felt that it could be changed to single family at this time and if at some future time it could be changed again if that is possible. COUNCILMAN POWELL stated that multi- family does make a good buffer zone, but it not good within a single family area. MR. SWAGER stated that everybody has good reasons for their beliefs and their choices. The Mayor closed the hearing. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Clerk made the second reading of an ordinance entitled "AN ORDINANCE AMENDING ORDINANCE NO. 383 THE ZONING ORDINANCE OF THE CITY OF STILLWATER ". The ordinance was read section by section follosed by roll call after each section and all members of the Council voted in the affirmative with the Mayor abstaining. The chair then put the question, "Shall this ordinance pass ?" and on roll call the ordinance was adopted. (Mayor Junker abstained from voting on this ordinance) (see ordinances) THE MAYOR DECLARED A RECESS FROM 8:45 to 8:55 P. M. INDIVIDUALS - DELEGATIONS (continued) Two women from the Eagle's Women's Softball League appeared before the City Council regarding the directive that they had received about the hiring of a Police Reserve Officer for their tournament and that the letter was received after the tournament had already started. Also they complained about not having enough time to cleanup after the completion of the tournament as the lights were turned out too soon after the tournament and they were told that the curfew for the lights at this park is at 11:00 P. M. Mr. Abrahamson advised that due to the fact that he had to call the Reserve Officer off the premises to take care of a problem in the downtown area they would not be charged for the time that was put in by this officer. July 26, 1977 PUBLIC HEARINGS - continued 4. This was the day and time set the public hearing on the proposed vacation of a portion of West Wilkins Street. Notice of the hearing was published in the Stillwater Gazette, the official newspaper of the City, on June 15, 22, 29 and July 6, 1977 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. ROBERT SCHEEL, 1104 North Owens, spoke in behalf of the petitioners who are in favor of this proposed vacation. JACK SHELTON stated this is only a thirty foot right- of -wa; and he did not feel that it would be necessary to keep a portion of it for any easements. The Mayor closed the hearing. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, a resolution was introduced "VACATING A PORTION OF WEST WILKINS STREET" AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson and Powell and Mayor Junker NAYS - -None (see resolutions) • • • • July 26, 1977 5. This was the day and time set for a public hearing on the proposed assessments for Local Improvement No. 140 - Utilities for the Croixwood Seventh Addition. Notice of the hearing was published in the Stillwater Gazette, the official newspaper of the City, on July 12, 1977 and copies were mailed to all benefited property owners. The Mayor opened the hearing No one appeared in faor or ouposed to the proposed assessments. The Mayor closed the hearing. On motion of Councilnan Peterson, seconded by Councilman Powell, a resolution was introduced "ADOPTING THE ASSESSMENT ROLL FOR LOCAL IMPROVEMENT NO. 140 AND SETTING THE INTEREST RATE AT 6k7. WITH THE PAYMENT TIME SET FOR THREE YEARS IN ACCORDANCE WITH OUR AGREEMENT." AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and 1 Mayor Junker NAYS -None (see resolutions) p UNFINISHED BUSINESS 1. The Council did not take any action to reconvey the tax forfeit lands to the State of Minnesota - Lots 3 and 4, Block 7, Staples & Mays Addition to the City of Stillwater. 2. Mayor Junker did not wish to make the appointment for the Planning Commission at this time - it will be taken care of at a future date. 3. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Council referred the payments due to the various parties for the construction of the utilities in the Croixwood Seventh Addition to the City Attorney for his study and recommendation. (all in favor) • • NEM NEW BUSINESS 1. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Council instructed the City Attorney to write a letter to Mr. Swenson of Inter- national Union of Operating Engineers for Local No. 49 to the effect that the City is not interested in changing or upgrading the status of the four CETA employees detailed in his letter. (Gary Fullerton, Rod Ramble, Scott Madsen and Robert Bartkey). (all in favor) 2. On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, the Council granted a beer permit for Vittorios Mens Slow Pitch Softball Tourna- ment at Lily Lake Park for July 29 thru July 31, 1977. (all in favor) 3. On motion of Councilman Mahoney, seconded by Councilman Peterson, the Council designated that the $7,622.00 in Anti- Recession Funds which were received on July 11, 1977 be used for salaries for the Lily Lake Park Employees. (all in favor) 4. On motion of Councilwoman Bodlovick, seconded by Councilman Mahoney, the Council granted a beer permit to the Post Office Employees for Pioneer Park for Saturday, July 30, 1977 from 4:00 to 9:30 P. M. (all in favor) 5. On motion of Ccuncilman Peterson, seconded by Councilman Mahoney, the Council instructed the City Attorney to send a letter to Independent School District No. 834 that the City of Stillwater is not interested in selling the old Stillwater City Dumpsite property. (all in favor) 6. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Council authorized the changing of banks for City business to the First National Bank of Stillwater for the years 1978, 1979 and 1980. (all in favor) 7. On motion of Councilwoman Bodlowick, seconded by Councilman Mahoney, a resolution was introduced "DIRECTING THE PAYMENT OF THE BILLS ". AYES -- Councilwoman Bodlovick, Councilman Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) APPLICATIONS On motion of Councilman Peterson, seconded by Councilman Mahoney, the Council granted the trasnfer of two Cigarette licenses to REV, Inc., (Mainstreeter and The New Annex), 106 South Main Street, Stillwater effective about August 1, 1977. (all in favor) • 273 "274 • e INDIVIDUALS - DELEGATIONS - continued None at this point in the meeting. July 26, 1977 On motion of Councilman Mahoney, seconded by Councilman Powell, a Contractor's License was granted to Louis R. Brochman, 310 West Maple Street for Blacktopping. (all in favor) Questions were raised a bout his moving of equipment and other things from the dead -end portion of North Greeley Street and Mr. Shelton will check out the agreement on this matter. COMMUNICATIONS From David B. Murphy. Supervisor, Stillwater Township - copy of a letter to the Metropolitan Council regarding comprehensive development plans. (no action) From A. B. Extra, 251 Pillsbury Avenue South, Minneapolis regarding community funding needs. On motion of Counccilman Peterson, seconded by Councilman Mahoney, the Acting City Clerk was directed to find out the cost of this service and what they will do for such costs. (all in favor) CITY COORDINATOR'S REPORT 1. On motion of Councilman Peterson, seconded by Councilman Mahoney, a resolution was introduced "SETTING THE HEARING DATE FOR THE PROPOSED ASSESSMENTS FOR LOCAL IMPROVEMENT NO. 141 - MYRTLE STREET ". AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 2. On motion of Councilman. Peterson, seconded by Councilman Mahoney, the Council authorized the City Clerk to advertise for the sale of one Duplicating Machine which the City no longer uses. (all in favor) 3. On motion of Councilman Peterson, seconded by Councilman Powell, the payments due to Stillwater Township for 1977 taxes because of the Orderly Annexation Agreement were referred to the City Attorney for this study and recommendation. (all in favor) 4. On motion of Councilman Peterson, seconded by Councilman Powell, the request received from Thomas T. Dwight to develop the property at the intersection of Oak and County Road No. 5 into a park was referred to the Recreation Commission. (all in favor) 5. On motion of Cou ncilman Peterson, seconded by Councilman Mahoney, the date of August 9, 1977 was set for the public hearing on Case No. 283 Special Use Permit for Peter Kohl. (all in favor) CONSULTING ENGINEER'S REPORT 1. Mr. Elliott reported that he has received the site plan for the Hooley Industrial Park, but that there are some legal questions regarding ease- ments which wZ11 have to be taken up with Mr. Kimmel. 2. Mr. Elliott reported that he, Mr. Shelton and Mr. Blekum toured the Croix - wood area and he will send a letter to Mr. Patton detailing about fifteen items that will have to be completed. 3. On motion of Councilman Poeterson, seconded by Councilman Mahoney, a resolution was introduced "APPROVING THE CHANGE ORDER NO. 2, ACCEPTING THE WORK AND MAKING FINAL PAYMENT FOR LOCAL IMPROVEMENT NO. 140 - CROIXWOOD SEVENTH ADDITION UTILITIES ", subject to the approval of the City Attorney. AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) COMMITTEE REPORTS PUBLIC SAFETY 1 Mr. Abrahamson reported that the City will have to submit the Plan for Warning Devices and that they will have to appoint an assistant to Mr. Charlsen to sign these papers. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Police Chief was instructed to contact the County Civil Defense Director about obtaining the Plan for the City of Stillwater. (all in favor) • • • r PUBLIC WORKS On motion of Councilman Peterso.., seconded by Councilman Powell, the Director of Public Works was directed to advertise for types of sewer cleaning equipment including alternates, said bids to be returnable at 3;00 P. M., Tuesday, September 6, 1977. (all in favor) 2. On motion of Councilwoman Bodlovick, seconded by Councilman Powell, a resolution was introduced "EMPLOYING HAROLD ECKER AS HEAVY EQUIPMENT OPERATOR FOR THE PUBLIC WORKS DEPARTMENT FOR A SIX MONTH'S PROBATIONERY PERIOD. AYES -- Councilwoman Bodlovick, Councilmen Mahoney and Powell NAYS -- Councilman Peterson ABSTAINED: Mayor Junker (see resolutions) 1. PARKS AND RECREATION 1. On motion of Councilman Mahoney, seconded by Councilman Powell, the Council granted the following two beer permits for Pioneer Park: Knights of Columbus- Saturday, August 3, 1977 Foresters Lodge - Sunday, August 14, 1977 (all in favor) 2. Mr. Blekum explained further the rules and regulations regarding the lights at the Lily Lake Park (O'Brien Field) and that all of the leagues were made aware of the fact that the lights would be turned out at 11:00 P. M., or 15 minutes after the final game is completed. CITY ATTORNEY'S REPORT None July 26, 1977 COUNCIL REQUEST ITEMS 1. Jeff Zolier reported that the Heritage Preservation Committee ruled that there would be no adverse feeling on the construction of the Hi -Rise in downtown Stillwater. 2. COUNCILMAN POWELL stated that the decision at the Joint Powers meeting with Stillwater Township was to continue as we had and if any decisions are to be made they will be referred to the governing body in which the property is located. 3. COUNCILMAN POWELL made the following alternate suggestion for the traffic flow for the downtown area which he referred to the Planning Commission: Make a one -way going north on Water Street from Nelson to Chestnut with said traffic making a right turn on Chestnut to cross the bridge and that parking on Water Street would be angle type parking. QUESTIONS FROM THE PRESS REPRESENTATIVES None ORDINANCES Second Reading - AN ORDINANCE AMENDING THE ZONING ORDINANCE - REZONING BLOCKS 42, 43, 48 and 49 CARLI SCHULENBURG'S ADDITION. RESOLUTIONS - -The following resolutions were read and on toll call were adopted: 1. Opposing SAC Charges on Orwell Court 2. Adopting the Assessment Roll for L. I. No. 140 - Croixwood Seventh Addition Utilities. 3. Directing the Payment of the Bills. 4. Setting the Hearing Date for the Proposed Assessments for Local Improvement No. 141 - Myrtle Street Improvements 5. Accepting the Work and Making Final Payment for Local Improvement No. 141 - Croixwood 7th Addition Utilities. 6. Employing Harold Ecker for the Public Works Department. 7. Vacation of a Portion of West Wilkins Street. ADJOURNMENT - -On motion of Councilman Mahoney, seconded by Councilman Powell, the meeting adjourned at 10:05 P. M. n - 466"'" "'eel z //i1t-L - Mayor Attest l A .P J Actin ' City Clerk • 275\ •