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HomeMy WebLinkAbout1977-08-23 CC MIN• COUNCIL CHAMBER Stillwater, Minnesota August 23, 1977 7:30 P. M. REGULAR MEETING Th. meeting was called to order by President Junker. The Invocation was given by the Acting City Clerk. Present: Councilwoman Bodlovick, Councilmen Peterson, Powell and Mayor Junker Absent: Councilman Mahoney Also Present: Acting City Clerk, Schnell; City Attorney, Kimmel; Superintendent of Public Works, Shelton; Public Safety Director, Abrahamson; Director of Parks & Recreation, Blekum; Consulting Engineer, Dick Moore; Board of Water Commissioners, Dennis McKean; Planning Commission Chairman, Jeff Zoller Press: Stillwater Evening Gazette - Bob Liberty E Citzens: James Lammers, Mr. & Mrs. Harry Seekel, Mr. & Mrs. Robert Collins, Anita Buck, Lorraine Rydeen, Edward Simonet III, Mr. & Mrs. Herbert Peterson, Charles Hooley, Jack Hooley, Gary Laidig, Kathy Buck, Edward Broome, Carver Fouke INDIVIDUALS - DELEGATIONS 1. EDWARD BROOME, 1919 West Oak Street, appeared before the City Council inquiring as to the requirements for the sale of City property and MR. KIMMEL informed him that there are no requirements by law; however, the Council does refer same to the Planning Commission, but no public hearing is required for same. 2. MAURICE STENERSON representing the Bicentennial Tour Committee presented the first copies of the Bicentennial Tour Booklets to the members of the City Council. (also in attendance from this committee were Anita Buck, and Mr. & Mrs. Robert Collins) 3. MARY MALSAM, appeared before the City Council regarding the waiving of the public hearing for the Special Use Permit for a Day Care Center at the St. Peter's United Church on Orleans Street as there are some misunderstandings on this matter. They had been in contact with the Building Inspector's office since last March regarding inspections, etc., but did not realize that they would need a Special Use Permit as they did not require one when they opened their other facility at the First Presbyterian Church which is located in Oak Park Heights. On motion of Councilman Powell, seconded by Councilman Peterson, the Council waived the public hearing for the Special Use Permit for the Day Care Center at St. Peter's United Church on Orleans Street with the con- tingency that they will appear at the Planning Commission meeting on August 29th and that the Planning Commission report back to the Council as to their findings. (all in favor) 4. GEORGE CORPORAAL, appeared before the City Council, asking permission to rent the Glaser Service Station building for a Glass Service Co. branch in Stillwater and he was informed that there is a possibility that within a few months this building will be removed; therefore, he was not interested in such a short term lease. 5. CARVER FOUKS, 1905 West Oak Street, was concerned about the sale of the property on Olive Street as this property has a wonderful view and is very desirable property. He was also concerned that it would be developed into about eight homes and congest the area and felt the property was too valuable to sell and questioned why the City was disposing of same. COUNCILMAN POWELL explained that if the Council does receive bids for same that there is a minimum amount that they will accept and he felt that a number of homes could be built here and the taxes on same would be an asset to the City. MR. FOUKS asked with the zoning requirements what type of homes could be built here and he was informed that they would be single family dwellings which require 10,000 square feet, which would be about five homes. COUNCILMAN POWELL also indicated that the Council could turn down the bids if they do not come in for the price set for same. The property was originally acquired for a possible sub - station for the Fire Department) • • • • 1 • • • • PETITIONS From Kern Collectibles for sewer, water and a finished street on the west side of Section 32, T30N, R20W. On motion of Councilman Powell, seconded by Councilman Peterson, a resolution was introduced "ACCEPTING THE PLTITION, AND ORDERING A HEARINAND DIRECTING THE CLERK TO ADVERTISE FOR BIDS OR THE CON- CON - G STRUCTION OF AN ADD- ALTERNATE TO LOCAL IMPROVEMENT NO. 129 -1. (Kern Property) AYES -- Councilwoman Bodlovick, Councilmen Peterson, and Powell and Mayor Junker NAYS - -None (see resolutions) From Lenm Schmidt, Glen E. Backe and Michael White for a street light between —� South Fourth and South Fifth Streets on Marsh Street. On motion of Councilman Peterson, seconded by Councilman Powell, the request for a street light on Marsh Street was referred to the Public Works Committee for their study and recommendation at the next regular Council meeting. (all in favor) August 23, 1977 COUNCILMAN PETERSON stated that it is of no value to the City to own all kinds of land and it is more desirable to sell the land for which they have no use and that the City has sold other property that was determined to be of no use to the City. MR. BROOME inquired as to how many acres of land the City did own for recreational park use and also if the City owned that much land that they could sell some of it. Also there is no developed parks for a considerable distance for this particular area and that the traffic on County 5 is such that the parents do not want their children crossing same to get to those areas. The sale of this property is not to the advantage of the people living there and also that some of the members of the Council had campaigned that they would supply more recreation for the citizens of Stillwater. been developed, but thisetakes has available. not MR. BLEKUM stated there are 62 acres in Croixwood to be developed and there are Hill the leastedevelopedlpark this the not Dutchtown. MAYOR JUNKER stated that the City has some nice land in Croixwood that is to be developed in the Seventh Addition and that the City has $25,000 from the Margaret Rivers Fund and have applied for a grant for tennis courts for this park. 6. LORRAINE RYDEEN and her attorney Edward Simonet III appeered before the City Council requesting a septic system at 1022 Fourth Avenue South for a duplex with five bedrooms and the City's Building Inspector and Mr. Seefert's report indicated that due to the various conditions such a system could only be con- structed to accommodate a three bedroom home. On motion of Councilman Peterson, seconded by Councilman Powell the Council granted a septic tank permit for a three bedroom remodelling for a residence at 1022 Fourth Avenue South with two bathrooms (all in favor) PUBLIC HEARINGS 1. Thi hes.lointtPowers Commitmtees for of Preliminary Plat City was fthe water Industrial Park. The notice of the hearing was published in the Stillwater Gazette, the official newspaper of the City, on August 11, 1977 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. JAMES LAM ERS, representing the Hooley's appeared before the Planning Commission on August 1st and they recommended approval of the street locations and he was now appearing before the City Council and the Joint Powers for their approval. 283 • • • 1 August 23, 1977 MR. LAtM1ERS referred to a letter which Mr. Schwab had sent to the Planning Commission on this plat and that the Hooley's will be filing a final plat for the Cub Store and the Northwestern Bank and the major streets based on these recommendations and the balance of the plat will be shown as Outlots. There will be a new proposed road or roads made for public access to the area and the internal streets are needed for the utilities for the whole plat. There is also an easement just west of the bank location which will be eliminated on the plat and also other easements which the City Attorney will have to obtain for this project, and the petition to the Highway Department for the semaphores and modified frontage roads for this plat. A question was raised about the environmental impact study which had been requested for this area and the reply was that this request had been withdrawn. Discyssion was held regarding the fact that the Joint Powers Commission had not acted on same since Mr Hooley did not appear at their meeting on the 17th and Mrs. Buck from Stillwater Township felt there are some questions regarding the develop- ment of the balance of the area and Mr. Lammers stated that any additional plans for the plat would have to be brought back to the City Council for approval. The Mayor closed the hearing. On motion of Councilman Powell, seconded by Councilman Peterson, the Council accepted the preliminary plat of the Hooley Stillwater Inn.,strial Park with the final plat for the two lots and the deducation of the Streets. AYES -- Councilmen Peterson and Powell and Mayor Junker ABSTAINED- Councilwoman Bodlovick (motion carried) THE MAYOR DECLARED A RECESS FROM 8:35 to 8:50 P. M. NEW BUSINESS (out of order) 1. On motion of Councilman Peterson, seconded by Councilman Powell, a resolution was introduced "AUTHORIZING THE ACQUISITION AND CONSTRUCTION OF A PROJECT UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AND THE SALE AND ISSUANCE OF MEDICAL CLINIC REVENUE BONDS TO FINANCE THE PROJECT ". (St. Croix Clinic on West Anderson Street) AYES -- Councilwoman Bodlovick, Councilmen Peterson and Powell and Mayor Junker NAYS - -None (see resolutions) PUBLIC HEARINGS - (continued) 2. This was the day and time set for the public hearing for the proposed assessments for Local Improvement No. 141. The notice of the hearing was published in the Stillwater Gazette, the official newspaper of the City on. August 8, 1977 and copies were mailed to all property owners proposed to be assessed. The Mayor opened the hearing. DAVID CORBO, 1122 West Myrtle Street, complained about the sodding and the fact that his retaining wall is already crumbling. (This matter was referred to the City's Engineer) HARRY SEEKEL, 102 South Sherburne Street, also complained about the sod and the fact that when they complacted the street with the birator he now has three cracked windows. DICK MOORE, stated that he will contact the County and requdst that they replace the sod. TED GILLEN, 1011 West Myrtle Street, complained about the s ^3 and also felt that toe City should participate in the cost of the sidewalks as they were upt in as a public safety factor for the future use of the roadway in the future and also requested that the City post the speed limits for this street. HERBERT PETERSON, 109 South Center Street, stated that at the time of the improvement hearing it was stated that anyone who had a copper line that it would not be disturbed and he did have copper and it was dug up and a new box put in and had trouble with the water being turned off and when turned on it was bubbling up in the street. MR. DENNIS MC KEAN from the Water Department stated that they replaced about 20 feet of the galvanized lines and that thr records did show that Mr. Peterson had copper and that it is possible that the contractor pulled the service. r • • • • 1 1 • • • • • teN August 23, 1977 COUNCILMAN PETERSON felt that this should be discussed with Chuck Swanson and if these were distrubed through the construction and that the Contractor should either reimburse the City or the citizen. COUNCILMAN POWELL requested that when Mr. Moore meets with Mr. Swanson he also meet with Mr. Pererson and that this assessment should be deleted. MR. HAROLD KARLEN, 1115 West Myrtle Street, complained about the replacement of his water service which he indicated was copper, and MR. MC KEAN stated that Mr. Karlen had copper into his house but not in the street. He also stated that the sewer has a brass cap on it. MR. BLEKUM requested that the Engineer also look at the sod that was put on the City's property at the Ramsey -Grove Park. MR. GILLEN again asked that the City participate in the cost of the sidewalk since they did pay the cost of a sidewalk on Olive Street last year and COUNCILMAN PETERSON indicated that the City may or may not have set a recedent on that pro- ject and felt that there should be sidewalks on all aterial streets and th^y should be assessed. On motion of Councilman Powell, seconded by Councilman Peterson, that a communication be sent to the County Engineer asking them to study the matter of speeds limits on this street and see if signs can't be put in to reduce the speeds. (all in favor) The Mayor closed the hearing. On motion of Councilman Peterson, seconded by Councilman Powell the interest rate for this assessment roll be set at 5 % and payable in ten years. (all in favor) On motion of Councilman Peterson, seconded by Councilman Powell, a resolution was with O the T exception of Mr. ASSESSMENT Karlen0and Herbert Peterson until saa.e were checked out with the City's Engineer. AYES -- Councilwoman Bodlovick, Councilmen Peterson and Powell and Mayor Junker NAYS - -None (see resolutions) BID OPENINGS - - -This was the day and time set to open bids for the sale of City own:,d property on West Olive Street. The advertisement for bids was published in the Stillwater Gazette, the officials newspaper of the City, on August 12, 1977. The following bids were received: Bid No. 1 Donald & David Heitmiller Stillwater Cashier's Check - $750.00 Bid Price $15,000.00 Bid No. 2 Wayne Herr Construction Co. 13033 - 112th St. Stillwater Cashier's Check ($1,005.00) Bid Price $20,100.00 On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the two bids for the sale of the property on West Olive Street were referred to the City's Engineer, the Director of Public Works and the City Attorney to check out these lots for the requirements as to how many houses could be put on same and report back at the next regular meeting with any stipulations so that the Council can make a recommendation on same. (all in favor) -- -This was the day and time set to open bids for the sale of a Duplicating Machine which was advertised in the Stillwater Evening Gazette, the official newspaper of the City on August 5, 1977. (No bids were received for this item) On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the Acting City Clerk was directed to place a regular want ad in the local newspaper for this duplicating machine. (all in favor) 2851 • • • a • 1286 • August 23, 1977 UNFINISHED BUSINESS 1. On motion of Councilman Peterson, seconded by Councilman Powell, Mr. Shelton was directed to install a backup valve at the home located at 810 West Anderson Street. 2. Discussion was held regarding the appointment of an Acting Civil Defense Director during the absence of Mr. Dean Charlsen. It was felt that Mr. Charlsen should be contacted before such an appointment is made. Mayor Junker indicated that he would name George Wohlers as an aid to Dean Charlsen. 3. The matter of the appointment for the Planning Commission was delayed until a future meeting. 4. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Council authorized the Water Department to turn the sale of their property on North Fourth Street over to a local realtor for sale. (all in favor) 5. On motion of Councilman Peterson, seconeed by Councilman Powell, the report from AB Extra Services was referred to the Administrative Committee for their study and recommendation at the Council meeting following their next regularly scheduled meeting. (all in favor) 6. On motion of Councilman Peterson, seconded by Councilman Powell, the Acting City Clerk was directed to setup a meeting with the St. Joseph Township Board and the City Council regarding the temporary closing of the town road north of the bridge. (all in favor) 7. On motion of Councilman Peterson , seconeed by Councilman Powell, the quota- tions for the 1977 Municipal Auditing Services was referred to the Adminsera- tive Committee for their study and recommendation. (all in favor) NEW BUSINESS 1. On motion of Councilman Powell, seconded by Councilman Peterson, the Council granted a Dance Permit and a 3.2 Beer Permit for the Fireman's Ball to be held at the Stillwater Armory on September 24, 1977. (all in favor) 2. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Council granted a 3.2 Beer Permit for the Lower St. Croix Valley Fire Depart- ment for a tournament at Lily Lake for September 10, and 11, 1977, subject to their contacting the Police Chief for police protection for this event. (all in favor) 3. On motion of Councilman Peterson, seconded by Councilman Powell, the bill/ statement for the League Dues was approved for payment and same is to be added to the Resolution for the payment of the bills. (all in favor) 4. On motion of Councilman Powell, seconded by Councilman Peterson, the date of September 6, 1977 at 7:30 P. M. was set for the following public hearings for the cases which will be heard at the Planning Commission on August 29th: Case No. 286 - -Brian McKean, 911 West Hickory Street for a variance for an addition to a garage Case No. 287 - -Gold Medallion Corporation (Maple Manor Nursing Home) 1119 North Owens Street -to build an addition to the existing building. Case No. 289 -- Dennis Galowitz, 1020 South Fifth Street - variances for a garage Case No. 290 - -James Gannon, 406 West Laurel Street - Special Use Permit for a building addition - paint spray booth and storage in a commercial zone (all in favor) 5. On motion of Councilman Powell, seconded by Councilwoman Bodlovick a resolution was introduced "DIRECTING THE PAYMENT OF THE BILLS ". AYES -- Councilwoman Bodlovick, Councilmen Peterson and Powell and Mayor Junker NAYS - -None (see resolutions) APPLICATIONS On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the following Contractor's Licenses were granted: (all in favor) Joseph Bjorkman 9411 Newgate Avenue No, Stillwater - General(including Tree Trimming) Renewal • • • • 4 • • • f^ August 23, 1977 mm Donald E. Donahue dba Low Price Roofing 1143 Lincoln Ave., St. Paul, Mn. 55105 General -Home Improvements New Rudy J. Lenz 3045 N. McKnight Rd., North St. Paul 55109 Masonry & Brick Work Renewal Michael Rivard R. Ikl, Box 150 -A, Stillwater 55082 Masonry & Brick Work Renewal Donavin L. Schmitt -St. Croix Sanitation & Excavating R. #2, Box 295 -A, Somerset, Wisconsin Excavator Renewal William W. Wicht dba Wicht Tree Trimming Service 16615 - 16th St. So., Lakeland, Mn. 55043 Tree Trimming New - - -On motion of Councilman Peterson, seconded by Councilman Powell, 3.2 Off and On Sale Beer Licenses were granted to Miriam L. Tobiassen, North Hill Oasis, 1101 North Owens Street. (all in favor - renewals) - - -On motion of Councilman Peterson, seconded by Councilman Powell, an Auctioneer's License was granted to Edward Bilbruck, Inc., 6650 Northwest Hy., Chicago, Illinois. (all in favor -- New) COMMUNICATIONS ° From the State of Minnesota - DNR - Proposed Rules containing Standards and Criteria for Granting and Denying Permits to change the course, current, and cross- section of public waters. (no action) From Baytown Township to the Metro Council regprding a let'sr from Stillwater Township Supervisor, David Murphy, on planning coordination. (no action) CITY COORDINATOR'S REPORT 1. On motion of Councilnan Peterson, seconded by Councilman Powell, the request from the Fire Chief for the purchase of a new Flynn Oxygen Ven.ilator to replace the outdated Emerson currently carried on Pumper #7 was referred to the Public Safety Committee. (all in favor) 2. On motion of Councilman Peterson, seconded by Councilman Powell, the Public Works Director was directed to contact NSP regarding the cost of installing street lights at two locations on County Road No. 12 and the Public Works Committee will review the request for two street lights at their next regular meeting. (all in favor) 3. The matter of the proposed annexation of the Burger King property to the City of Stillwater was tabled until the City receives a petition from Mr. Augustine for annexation to the City of Stillwater. (all in favor). 4. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the Council authorized Mr. Ron Niska of the Building Inspection Department to attend the Mechanical Inspection Seminar at Community College one or two nights from September 14th to December 9th, 1977 and he will be permitted to take the City's truck for attending this school. (all in favor) 5. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the Council granted a 3.2 Beer Permit to St. Mary's Parish for their parish Festival to be held on Sunday, September 11, 1977. (all in favor) 6. The Acting City Clerk alerted the Council to two pieces of correspondence which were given to them this evening- - 1. Thank you from Tom Langford for the use of the office space in the City Hall. 2. Letter from Metro Council regarding the Outdoor Athletic Court Development Grant Application. CONSULTING ENGINEER'S REPORT MR. DICK MOORE stated that plans will have to be made for the Burger King operation. COhMMITTEE REPORTS PUBLIC SAFETY 1. On motion of Councilman Peterson, seconded by Councilman Powell, the setting of a fee for the police protection in connection with a 3.2 Beer Permit was referred to the Public Safety Committee. (all in favor) 287 • • 1 A '1 • 1 288 • August 23, 1977 PUBLIC WORKS 1. On motion of Councilman Peterson, seconded by Councilman Powell, the Council authorized the change of date for the opening of the bids for the sewer jet equipment to September 20, 1977. (all in favor) 2. Mr. Shelton reported that about 225 people had come in for the viewing of the Infrared pictures in the past six days under "OPERATION ROOFTOP ". 3. Mr. Shelton reported that there is a difference in the City's policy and the Local No. 49 contract in regard to severance pay and the limit set by State Law is a manimum of 100 days. On motion of Councilman Peterson, seconded by Councilman Powell, Mr. Shelton is to contact Chuck Swanson to inform his men about this matter and to post same so that the employees are aware of this fact. (all in favor) PARKS AND RECREATION 1. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, a study is to be made of a policy for the replacement of boulevard trees in the City of Stillwater. (all in favor) CITY ATTORNEY'S REPORT 1. Mr. Kimmel explained to the Council the matter of the payments made to firms to whom McGrand - Frovarp owed for work done under Local Improvememt No 140. 2. Mr. Kimmel reported that he is working on the Agreement with the Courthouse Foundation and the City of Stillwater and the responsibility of payment for the trees that are being removed on this property. (Old Courthouse site) COUNCIL REQUEST ITEMS 1. COUNCILMAN POWELL suggested that when parties come for a building permit that they be told that they can order their own dump boxes to be delivered to the site where they are making improvements. Also he requested that the contractor for the dump boxes should report each time that a load is taken out. On motion of Councilman Peterson, seconded by Councilman Powell, the Acting City Clerk was instructed to contact Mr. James Junker that he is to send a load receipt for every box that we are charged for. (all in favor) Also the Police Department has been requested to make sure that the gates are locked during the hours when the area is posted to be closed. 2. Regarding the proposal for the McKusick Lake area, Mr. Harneck will be out after Labor Day to work on this matter. (Public Works and Mr. Blekum will meet with him) 3. COUNCILWOMAN BODLOVICK requested that the press publicize the fact that the Housing for the Elderly in downtown Stillwater is still being constructed and the City Attorney will get the easements executed for same. ORDINANCES None RESOLUTIONS -The following resolutions were read and on roll call were unanimously a5jted. 1. Accepting the Petition for Utilities for the Kern Property and Ordering the Hearing for Local Improvement No. 129 -1 -(Add Alternate) 2. Authorixing the Acquisition and Construction of a Project Under the Minnesota Development Act and the Sale and Issuance of Medical Clinic Bonds to Finance the Project (St. Croix Clinic - West Anderson Street). 3. Adopting the Assessment Roll for Local Improvement No. 141. 4. Directing the Payment of the Bills. ADJOURNMENT -On motion of Councilman Powell, seconded by Councilman Peterson, the meeting adjourned at 10:20 P. M. Attest: +.L ��� Acti City Clerk Mayor • •