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HomeMy WebLinkAbout1977-08-09 CC MIN• ;276 • • COUNCIL CHAMBER Stillwater, Minnesota REGULAR MEETING The meeting was called to order by President Junker. The Invocation was given by the Acting City Clerk, Schnell. Present: Councilwoman Bodlovick, Councilman Mahoney, Peterson and Powell and Mayor Junker Absent: None Acting City Clerk, Schne;1; City Attorney, Kimmel; Superintendent of Public Works, Shelton; Public Safety Directory, Abrahamson; Director of Park.. and Recreation, Blekum; Consulting Engineers, Elliott and Dick Moore Stillwater Evening Gazette - Liberty Also Present: Press: Citizens: August 9, 1977 7:30 P. M. Russell Meister, Daniel Siefert, Peter Kohl, Mr. & Mrs. James Quast, James Nelson, Don Conley, Robert Anderson, Donald Teske INDIVIDUALS - DELEGATIONS 1. DANIEL SIEFERT, representing the Stillwater Downtown Retail Council, appeared before the City Couhcil regarding the use of the Freighthouse (in case of rain) for a Music Festival on Saturday, August 13, 1977 and also requesting a 3.2 Beer Permit. On motion of Councilman Mahoney, seconded by Councilman Peterson, the Council authorized a 3.2 beer permit and waived the fire code restrictions for the Freight - house building so that in the case of rain this building could be used for a Music Festival. (all in favor) 2. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Council approv ed the request for the delayed action on the utilities for the Croixgate Development as requested by Mr. Don Conley. (all in favor) 3. JAMES NELSON, 1315 Carnelian Street, appeared before the City Council regarding the condition of the street in front of his house to have same graded and the weeds removed. He also questioned why the City has chose not to blacktop this street. On motion of Councilman Powell, seconded by Councilman Peterson, the Council directed that Mr. Shelton meet with Mr. Nelson and review the situation and do what maintenance would be required to solve the problem. (all in favor) PUBLIC HEARINGS 1 This was the day and time set for the public hearing on Case No. 283, permission to open a retail gallery and gift shop in the old caves - Peter Kohl. Notice of the hearing was published in the Stillwater Gazette, the official newspaper of the City on July 29, 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 the request - Mr. Kohl did briefly explain what he proposes to do at this location. The Mayor closed the hearing. On motion of Councilman Powell, seconded by Councilman Peterson, the Council granted the Special Use Permit to Peter Kohl for a retail gallery and gift shop in the old caves as recommended by the Planning Commission. (all in favor) 2. This was the day and time set for the public hearing on the proposed vacation of a portion of East Hazel Street. Notice of the hearing was published in the Stillwater Gazette, the official newspaper of the City on July 6, 13, 20 and 27, 1977 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. ROBERT ANDERSON, 1920 North Broadway, stated that the St. Croix River is a wild river and this area could be an accsss to the river for the public. There is storm sewer drainage in the area and it could be possible at some future date that there would be a need for a pumping station at this location and the City would have to buy the property back. He could not see giving the property array and he would like to see it improved as a public accrss re the river. • • • 1 • • • August 9, 1977 taken QUAST, 2007 l b n careofsincehehas been there e a l and if someone stated that newants a public n access he suggested that somebody else take care of same. ALVIN TESKE, 2110 Boom Road, stated that there was a road down there until the second World War. HATOLD KAECK, 1818 North Broadway, said that they used to dock their boats down there and the City used to plow that road and this is the place to get down to the river. MR. QUAST said there is no road going down to where he wants to have the street vacated. COUNCILMAN POWELL stated that when the City was laid out that was platted as a street whether the platted street has been improved or not, it hasn't been used as a street, but if you give it away you can never get it back. It is a very difficult thing to do to vacate a street and when you do it, it is a permanent thing and you have lost it. There is a possibility if sewer does go through the Saager Addition is having trouble with their system, it is possible that it will become a part of a sewer line that would have to go through there. MR. QUAST asked if it was not the responsibility of the City to keep it cut and clean and COUNCILMAN POWELL replied that usually the Council gets some input from the residents if something should be done to correct the situation. MR. KIMMEL stated that all we really have is an easement and the City does not maintain same. This is an unusual situation as the street abuts another street on one side and the City is the property owner on the one side and the full sixty feet would not go to Mr. Quast and did not know what would happen to the remaining thirty feet. COUNCILMAN PETERSON stated that this is pretty much of a natural drainage here and over the years and it is possible that if that were changed it would continue to run down there and cause damage. MR. KIMMEL said that the City could get into a situation there - the property owner could lease the land and he would have the right to do so. MR. SHELTON said the land is part of a horseshoe for the forty foot right -of- way in front of the Swager Addition which is very flat. MR. ANDERSON said the flat piece of land was a gully that was never flat but people in the area put fill in there over the years. He questioned whether or not anything is going to be done with the shoreline building and Mr. Kimmel said that this would not have anything to do with the vacation, but would if they intend to build on it. COUNCILWOMAN BODLOVICK stated that Charles Swanson of the Planning Commission had a concern about vacating this street because of the installation of utilities. The Mayor closed the hearing. On motion of Councilman Powell, seconded by Councilman Petersoa, the Council denied the vacation of the easterly 110 feet of East Hazel Street from its intersection with North Lake Street. (all in favor) - - -- CONTINUATION OF THE HEARING ON REVENUE SHARING. COUNCILMAN POWELL SUGGESTED THAT WE HAVE A PROGRAM FOR THE IMPROVMENT OF THE QUALITY OF MC KUSICK LAKE WITH POSSIBLY SOME ASSESSMENTS LEVIED TO THE ABUTTING PROPERTY OWNERS. ALVIN TESKE felt that this lake should be dredged. MR. DICK BLEKUM stated that a study had been done a year or two ago which is on file which included a program for controlling the growth in the lake with chemicals. On motion of Councilman Peterson, seconded by Councilman Mahoney, that the Council review the studies on file for McKusick Lake. (all in favor) It was suggested by the Public Works Committee that we have several of the streets in Dtuchtown bladed by the County (North Fifth, Poplar and possibly a portion of North Second Street), would be about $12,000.00; also recommeded $20,000 for Sealcoating for 1978. • • ■ 1 F , 678 • RUSSELL MEISTER suggested that some mo "ie- be considered for the Comprehensive Plan for the City which has to be submitted to the Metro Council. COUNCILMAN PETERSON felt that in the meantime we should write to our legislators about getting funds for this Comprehensive Plan. COUNCILMAN MAHONEY requested that the City purchase the two lots abutting the Meadowlark Park for access to the park, especially if the property to the north is going to be developed. (He will check out the price of same) MR. BLEKUM requested $25,000 for the development of the Croixwood Seventh Addition Park. (See memo in the file). Request by the Engineer - Visual Aids for Public Hearings - $1,500. MAYOR JUNKER requested that $5,000 be set aside for the restoration of Engine No. 328. Also requested was the purchase of the Benson property and the property along Brown's Creek for park purposes. The Mayor closed the hearing at 8:25 P. M. On motion of Councilman Peterson, seconded by Councilman Powell, the Council directed that the Mayor execute the Statement of Assurances for the General Revenue Sharing allocations for the period starting October 1, 1977. (all in favor) UNFINISHED BUSINESS None August 9, 1977 ,� - -- • • On motion of Councilman Powell, seconded by Councilman Mahoney, the amount of $10,000 to $12,000 be budgeted for the blading of certain streets in Dutchtown and that $20,000 be budgeted for Sealcoating for 1978. NEW BUSINESS 1. On motion of Councilman Powell, seconded by Councilman Peterson, the bill from the Board of Water Commissioners to Mrs. Eino Saarela, 816 North Fifth Street in the amount of $182.57 was referred to the Contractor and the City's Insurance Co. (all in favor) 2. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Council set the date for the public hearing on the preliminary plat for the Hooley Development for August 23, 1977 at 7:30 P. M. (all in favor) 3. On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, the City's Engineer is to send a petition to the Minnesota Highway Department for the intersection changes for the Hooley Development. (all in favor) 4. On motion of Councilman Peterson, seconded by Councilman Powell, the Clerk made the first reading by title of an ordinance entitled "AN ORDINANCE AMEND- ING ORDINANCE NO. 383 PROVIDING FOR LOW DENSITY MULTIPLE DWELLING DISTRICTS" (all in favor) 5. On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, a resolutbn was introduced "DIRECTING THE PAYMENT OF THE BILLS ". AYES -- Councilwoman Bodlovick, Councilman Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 6. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Council granted a 3.2 Beer Permit to the District No. 834 Women's Slow Pitch Sd}ball League for Lily Lake Park for August 20 and 21, 1977. (all in favor) THE MAYOR DECLARED A RECESS FROM 8:35 TO 8:50 P. M. APPLICATIONS On motion of Councilman Powell, seconded by Councilman Peterson the following Con- tractor's Licenses were approved: (all in favor) Terry Eckstrom 12485 Otchipwe Avenue N., Stillwster 55082 Cement Finishing New Terry Kellogg 8455 Manning Avenue, Stillwater 55082 Masr „ry & Brick Work Renewal • • t 1 0 • • • • T COMMUNICATIONS MOM From NSP with higher electrical rzte schedules. CITY COORDINATOR'S REPORT 1. On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, the Council authorized the payment to the Metropolitan Waste Control Commission in the amount of $1,525.00 to be paid with the City bills to be paid on August 23, 1977. (all in favor) 2. On motion of Councilman Mahoney, seconded by Councilman Peterson, the Council authorized the Mayor to execute the grant application for two tennis courts for the Croixwood Seventh Addition Park. (all in favor) CONSULTING ENGINEER'S REPORT 1. Mr. Elliott reported that he was directdd to delete the storm sewer on County Road No. 5 and he also took the land costs out of the estimates for the Croixgate and Hooley improvements which would reduce these costs by $180,000. This would amount to a 4.6c per square foot reduction in the assessments. COUNCILMAN POWELL asked why some of that will not drain down the street and MR. ELLIOTT said this is a sizable piece of land and there is a need for a pipe to catch and drain this water into the pipe; otherwise there would have to be an internal system for this drainage. MR. ELLIOTT stated that there will have to be easements for sewer lines on the Hooley and Feely properties and the City will have tofacquire an easement on the Hauge property which is not in the City of Stillwater. He felt this matter could be taken care at a later date which would increase the costs along with a change order for the utilities for Mr. Kern's property. 2. The City is continuing to have problems with the Brick Street Lift Station and he reported that he had met with Jack and Lowell and the electrician on the project and the fuses are continuing to melt causing malfunctions in this lift station. He suggested that a letter be sent to the contractor regarding this matter and if no cation is taken, then the City should sue the contractor for the damages which have now totalled about $20,000. PUBLIC WORKS 1. Mr. Shelton reported on the two quotations which he received for the paint- ing of the trim on the City Hall buildings and the Public Library. The quote from Richert Decorating was $2,110 and Stephenson Decorating was $2,049. There was some question as to whether or not this would include priming which will be necessary. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Council authorized the Director of Public Works to contact each of the bidders and get a clarification on the priming and award the contract to whomever will do the full priming for the painting of the windows at the City Hall buildings and the Public Library. (all in favor) 2. 3. 4. 5. 6. On motion of accepted the be effective, On motion of was directed (all in August 9, 1977 COMMITTEE REPORTS (no action required) Councilnan Peterson, seconded by Councilman Mahoney, the Council resignation of Terry Kaeck of the Sewer Department which will August 12, 1977. (all in favor) Councilman Peterson, seconded by Councilman hahoney, the Clerk to advertise for a Light Equipment Operator to replace Mr. Kaeck. favor) On motion of Councilman Peterson, seconded by Councilman Mahoney, the Council authorized the retirement of Howard Hagen effective as of August 1, 1977. (all in favor) On motion of Councilman Peterson, seconded by Councilman Mahoney, Mr. Shelton and Mrs. Simon are to check out the retirement and severance pay for Mr. Hagen with the City Attorney. (all in favor) Mr. Shelton informed the City Council that the person in charge of the CETA employees has informed him that the City is entitled to one more CETA employee and he felt that the City could use such an employee to patrol the dump boxes. The question of the amount of salary to be paid to CETA employees was discussed and Mr. Kimmel stated that if the City is using CETA employees for Union classified jobs that they should be paid Union salaries, or setup new classiffications for same. 279' • • r • • 48O 8Q August 9, 1977 • COUNCILMAN PETERSON said using him in this classification he would not be a light or heavy equipment operator - there would be no classification. He suggested that there be a meeting with the Public Works Committee and the Parks Department with Mr. Swenson of Local No. 49. PUBLIC SAFETY 1. On motion of Councilman Powell, seconded by Councilman Peterson, the Council authorized the removal of the two parking meter heads on the north side of the Cosmopolitan State Bank to provide for the entrance for the drive -in bank and the bank will pay the City $240.00 per year for same. (all in favor) 2. Councilwoman Bodlovick informed the Council members that Mr. Bastian of Local 320 for the Police Department would like to meet with the full council to negotiate the new contract and the City Clerk was directed to make arrange- ments for such a meeting about September 1st. There is a need for a street sign on Maryknoll and Northland and since this is outside the City limits on the new County No. 12, the County should install such signs. 4. On motion of Councilman Peterson, seconded by Councilman Mahoney, a resolution was introduced "AUTHORIZING THE INSTALLATION OF "NO PARKING SIGNS" BEHIND THE ST. CROIX BOOM CO. BETWEEN THE TWO FIRE EXITS OF THAT BUILDING ". AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS- -None (See resolutions) PARKS AND RECREATION 1. Mr. Blekum asked the Council if they were going to continue the free tree program for next year and they all agreed that it was a good program. He further stated that the budget figure for this year was short about $160.00. 2. Due to vandalism in the restooms in Lowell Park, they have been locked up for the season. 3. On motion of Councilman Powell, seconded by Councilman Mahoney. the Public Works committee will study the reports that are available now for the McKusick Lake area and contact the DNR to see what they would approve to be done and find out the type of plan for this area and get some cost figures. (all in favor) ADMINISTRATIVE None CITY ATTORNEY'S REPORT 1. On motion of Councilman Mahoney, seconded by Councilman Peterson, the Clerk made the first reading of an ordinance entitled "AN ORDINANCE AMENDING ORDINANCE NO. 483, PROVIDING FOR A FLOOD PLAIN OVERLAY DISTRICT. (all in favor) 2. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Council authorized the adoption of the Washington County Shoreline Zoning Ordinance with modifications and referred to the Planning Commission and a public hearing will be scheduled sometime in September for the second reading - first reading was made by title at this time. (all in favor) 3. Mr. Kimmel reported on the hearing on the Lorraine Rydeen property on Fourth Avenue South - the hearing was held and the judge gave her an additional thirty days to obtain a building permit and make significant progress in thirty days and if this is not done, the City can go in and tear the house down. 4. Mr. Kimmel has scheduled a meeting with the attorney for the bonding company for McGrand and Frovarp regarding the payment of the bills owing to various firms for the improvements in the Croixwood Seventh Addition. APPROVAL OF MINUTES On motion of Councilwoman Bodlovick, seconeed by Councilman Mahoney, minutes of the following meetings were approved: July 12, 1977 Regular Meeting 7:30 P. M. July 26, 1977 Regular Meeting 7:30 P. M. • • 4 • • • August 9, 1977 201 I COUNCIL REQUEST ITEMS 1. On motion of Councilwoman Bodlovick, seconded by Councilman Mahoney, a resolution was introduced "DIRECTING THE CLERK TO ADVERTISE FOR BIDS FOR LOCAL IMPROVEMENT NO. 129 - -1 (Hooley Development Improvements) with bids returnable at 11:00 A. M., September 15, 1977. AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 2. On motion of Councilnan Powell, seconded by Councilman Peterson, the Clerk was directed to advertise for bids returnable at 7:30 P. M. on August 23, 1977 for the City owned property on West Olive Street. (all in favor) 3. COUNCILNAN POWELL asked that someone check out the yellow line east of the Maple Island parking lot on Water Street as there are two or three cars parked there every day. ORDINANCES 1. First reading - Amending Ordinance No. 483 - Providing for a Flood Plain OverLay District - Adopting the Washington County Shoreline Zoning Ordinance - Amending Ordinance No. 383 Providing for Low Density Multiple Dwelling Districts. RESOLUTIONS The following resolutions were read and on roll calllwere unanimously adopted: 1. Directing the Payment of the Bills. 2. No Parking Signs behind the St. Croix Boom Co. 3. Directing the Clerk to Advertise for Bids for Local Improvement No. 129 -1 - (Stillwater Development Park Utilities) Adjournment On motion of Councilman Peterson, seconded by Councilman Mahoney, the meeting adjourned at 9:55 P. M. Attest: „(d,,,_ — '� 7 '" se i6.r,as LU ActiA�g City Clerk