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HomeMy WebLinkAbout1977-10-04 CC MIN• (1U4 • • COUNCIL CHAMBER Stillwater, Minnesota October 4, 1977 7:30 P. M. REGULAR MEETING The meetting was called to order by President Junker. The Invocation was given by the Acting City Clerk. Present: Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker Absent: None Also Present: Acting City Clerk, Schnell; City Attorney, Kimmel; Superinten- dent of Public Works, Shelton; Public Safety Director, Abrahamson; Director of Parks & Recreation, Blekum; Planning Commission Chairman, Zoller Press: Etillwater Evening Gazette - Bob Liberty Citizens: herbert Balfanz, Jim Gannon, James Simpson, Alex Kraemer, John True, Leonard Feely, Joseph Nolde, Dennis Sullivan, Darwin Pherson, Graydon Thompson, Russ Weitz, Joyce Amdahl, Wayne Herr, Representatives from Itasca Equipment Co., Mr. & Mrs. Dick Ritzer, James Peterson, Lee Miller, Mr. & Mrs. Frederick Crissey, James Harvieux INDIVIDUALS- DELEGATIONS 1. MRS. JOYCE AMDAHL, 1421 North First Street, appeared before the City Council regarding a proposed personal tour service which she is going to undertake and that she will be having a business phone in her home for this purpose. There would be no employees or busses coming to her home - strictly a telephone service. On motion of Councilman Powell, seconded by Councilman Mahoney, the Council granted a Special Use Permit to Mrs. Joyce Amdahl, 1421 North First Street, to operate 1 telephone service our of her home for a guided tour service for a periou of one year as they feel that such a service would not be a detriment to the neighborhood. (all in favor) 2. HERBERT BALFANZ, East Poplar Street, appeared before the Council regarding the erection of a TV tower in the front portion of his property as this is the only way they can get reception in this area. He previously had one but it blew down and he would like to replace same with a 65 foot tower which would be about 20 to 25 feet above the ground level and the nearest property would be 200 to 300 feet away from it. On motion of Councilman Powell, seconded by Councilman Mahoney, the Council directed that Mr. Shelton go out and look at the location and for the protection of the City and if he feels that it will not interfere with anything that permission would be granted to Mr. Balfanz for such a TV tower. (all in favor) - -MR. BALFANZ also requested permission to fill -in a driveway which was started by one of his neighbors with permission from the State of Minnesota. He would like to tie onto the same drheway to get some off - street parking for his property. COUNCILMAN POWELL suggested that the Mayor and Mr. Shelton go out and look at it and see what he intends to do and report back at the next meeting so that the Council can take action at that time. 3. JAMES PETERSON, appeared before the City Council regardLng a septic tank permit for a house he owns at 2310 Boom Road. He is unable to put same in the backyard due to the wells located there and there is not enough property in the front of the home to install the proper drainfields. On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, the Council granted permission to Mr. Peterson for a septic tank and that he is to work with the Building Inspector on said installation. (all in favor) • • • • • • • ess The Mayor closed tie hearing. October 4, 1977 4. _LEE MILLER, 2962 Marine Circle, appeared before the City Council re- garding sewer backups in four homes in this area and asked what the Council is going to about the problem. MR. SHELTON indicated to the Council that it just happened and it is possible that iw would never happen again. Someone had to turn off the power in the lift station which services this area which caused the backup in the lowest portion of the terrain and the Public Works Committee re- commended that the backup valves be installed in these four homes. On motion of Councilman Peterson, seconded by Councilman Powell, the Council followed the recommendation of the Public Works Committee for the installation of four backup valves for the homes on Marine Circle and also a backup valve for the home of Dennis Notaro, 204 Northland Avenue. (all in favor) LOCATIONS FOR THE BACKUP VALVES ON MARINE CIRCLE Gary Belgren, 2921 Marine Circle Lee Miller, 2962 Marine Circle R. L. Matthews, 3021 Marine Circle James L. Ehrhart, 3033 Marine Circle 5. MR. VIRGINIA RITZER, Stillwater Taxi Co., appeared before the City Council requesting a rate increse for their taxi fares. She sxplained they do not make extra charges for groceries and they make a charge of 25Q for each additional passenger to the same stop with no charge for pre - schoolers. The Council had received numerous complaints regarding the proposed increases which were all from senior citizens and the Council inquired if they could make some reduction for the Senior Citizens and they responded that they would be unable to do this unless they were sub- sidized as the bus company is. Mrs. Ritzer stated that she will check to see if other communities are mkaing concessions to the Senior Citizens. After considerable discussion the Council asked that the Stillwater Taxi Co. submit a statement of their finances and their books to the Council before they make a decision regarding the rate increase. PUBLIC HEARINGS - -This was the day and time set for a public hearing on Case No. 293 for a garage variance for Frederick Crissey, 1632 Meadowlark Drive. Notice of the hearing was published in the Stillwater Even.ng Gazette, the c`.ficial newspaper of the City on September 23, 1977 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. No one appeared opposed to this request - Mr. Crissey was in attendance but made no comments. The Mayor closed the hearing. On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, the Council followed the recommendation of the Planning Commission and granted the variance to Mr. Frederick Crissey, 1632 Meadowlark Drive to build a garage in his front yard which will be attached to his house. (all in favor) - -This was the day and time set for a public hearing on Case No. 294 for a Special Use Permit for James Harvieux for a woodworking shop behind The Greenery in downtown Stillwater. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on September 23, 1977 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. No one appeared opposed to this request - Mr. Harvieux was in attendance but made no consents. 305 • • (3 Net Price Total Bid October 4, 1977 On motion of Councilman Powell, seconded by Councilman Mahoney, the Council followed the recommendation of the Planning Commission and granted the Special Use Permit to James Harview for a woodworking shop behind The Greeney in downtown Stillwater. (all in favor) -- -This was the day and time set for a public hearing on Case No. 295 for a garage variance for John True, 322 South Broadway. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on September 23, 1977 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. No one appeared opposed to this request - Mr. True was in attendance but made no comments. The Mayor closed the hearing. On motion of Councilman Powell, seconded by Councilman Mahoney, the Council followed the recommendation of the Planning Commission and granted the garage variance to John True, 322 South Broadway. (all in favor) UNFINISHED BUSINESS 1. On motion of Councilman Powell, seconded by Councilman Mahoney, the Acting City Clerk was directed to open the one bid received for Police Cars. (all in favor) White Bear Dodge, Inc. 3420 Highway #61 St. Paul, Minnesota 55110 Cashier's Check $5,190.00 each $15,570.00 Net Trade -In Allowance - $1,525.00 each Total Allowance - 4,474.00 Net Balance $10,995.00 On motion of Councilman Peterson, seconded by Councilman Majoney, the bid for the Police Cars was referred to the City Attorney and the Police Chief for action later in the meeting. (all in favor) 2. Tom Dwight, 405 Oakes Street,spoke to the Council regarding the sale of the property on Olive Street. There would be no cost to leave it as it is, and the children from the area could continue to use it. Also he and the neighbors did not feel that this was a good price for lots of that quality. ED BROOME, 1919 West Oak Street, requested that the land be replatted and questioned if this would be done before Jr after the sale of the property. He stated that no -ore than four homes can be fronted on Oak Street. If there are more than three lots he becomes a sub - divider and he would have more expenses than he might be aware of. There are about 80,000 square feet here, but only about 45,000 square feet have been mowed by the home owners in the area. On motion of Councilman Peterson, seconded by Councilman Powell. a resolution was introduced selling the City owned property on Olive Street to the apparent high bidder, Wayne Herr Construction Co., 13033 - 112th Street, Stillwater with the restrictions set forth by the Planning Commission. 1. That the developer be required to replat the property to show not in excess of five lots, preferably four. 2. That all accesses, ingress and egress, be obtained off of Oak Street, with no individual driveways on to County Road No. 5. AYES -- Councilwoman Bodlovick, Councilmen Peterson and Powell NAYS -- Councilman Mahoney ABSTAINED - Mayor Junker (see resolutions) THE MAYOR DECLARED A RECESS FROM 8:45 to 8:55 P • • ■ • • October 4, 1977 307 \ rIN Min INDIVIDUALS - DELEGATIONS - continued 6. Mr. Alex Kraemer, 140 Riverview Drive, appeared before the City Council and presented a memorandum with concern about a lot which has been sold on Riverview Drive and the possibility that some variances might be required to build on this particular lot. He wanted the Council to have this in- formation for consideration when such a request is made and also that the home owners would be notified when such variances are needed. UNFINISHED BUSINESS (continued) 3. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, a resolution was introduced "AWARDING THE CONTRACT FOR THE JET RODDER TO THE ITASCA EQUIPMENT CO. FOR A BID PRICE OF $56,764.00, subject to finding in -house financing for the purchase of same. AYES -- Councilwoman Bodlovick, Councilmen Peterson and Powell and Mayor Junker NAYS -- Councilman Mahoney (see resolutions) 4. On motion of Councilman Peterson, seconded by Councilman Powell, the request for the mooring permit for the "Miss Faye" was deferred to a future meeting. (all in favor) CITY ATTORNEY'S REPORT (out of order) 1. MR. KIMMEL explained to the City Council the Write of Mandamus which was issued regarding the building permit fcr the Doerfler Construction Co. for the construction of a forty unit apartment building on South Greeley Street. The alternatives to the Writ would be to do what the Writ commands you to do or to appeal thw Writ of Mandamus to the Supreme Court. He said that if everything that was stated was true we should issue the permit. He felt that we were entitled to an evidential hearing before the court and to prove that the site is not suitable. JAMES SIMPSON, JOSEPH NOLDE, JR. AND RUSS WEITZ AND DARWIN PEHRSON spoke regarding the matter - the fact that the developer is not local and the question of low income housing, the zoning of this property in 1963 and 1968 and the high water marks of the pond. MR. RINNEL stated that the low income housing is not a legal reason for turning down a building permit and that the essential facts were presented to the judge by the attorney for the petitioner and the City of Stillwater. James Simpson asked about a possible referendum on the matter. On motion of Councilman Peterson, seconded by Councilman Powell, the City Attorney was directed to amend the findings as to our concerns on the building permit for the Doerfler Construction Co. and that the City sit down and talk to the applicant's attorney about these matters. AYES -- Councilmen Peterson, Posell and Mahoney NAYS -- Councilwoman Bodlovick ABSTAINED - Mayor Junker NEW BUSINESS 1. On motion of Councilman Powell, seconded by Councilman Peterson, a resolution was introduced "DEFERRING THE ASSESSMENTS FOR MRS. NANCY 0. LASSEN, 224 North Martha Street, Stillwater ". AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker. NAYS - -None (see resolutions) 2. On motion of Councilman Peterson, seconded by Councilman Powell, the Council set the date of October 25, 1977 at 7:30 P. M. for the public hearing on Case No. 296 for a garage variance for Dale Kruse, 419 South Greeley Street. (all in favor) 3. On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, a resolution was introduced "DIRECTING THE PAYMENT OF THE BILLS ". AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS- -None (see resolutions) • • • i 3 68 • • INDIVIDUALS- DELEGATIONS None at this point in the meeting. October 4, 1977 APPLICATIONS On motion of Councilman Peterson, seconded by Councilman Mahoney, the Council granted the following Contractor's Licenses: (all in favor) Gorco Construction Co. 3384 Brownlow Avenue, St. Louis Park 55426 Alan J. Lahr R. #7, St. Cloud, Minnesota 56301 Dale C. Odegard 7124 Progress Road, Centerville, Mn. 55038 Petroleum Maintenance Co. (Vern Larson) 1420 Old Hy. 8, New Brighton, Mn. 55112 General Contractor Renewal New Remodeling Contractor Masonry & Brick Work Cement Work New Excavators Renewal COtMfUNICATIONS From Martha Schiefelbein regarding the deeding of a road to the City of Stillwater at 311 Willow Street. On motion of Councilman Peterson, seconded by Councilman Powell the request for the deeding and improvement of this road was referred to Jack Shelton for study and recommendation to the Council. (all in favor) From North Hudson, Wisconsin regarding a proposed Marine near Bayport. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Acting City Clerk was directed to send a letter to the City of Hudson, Wisconsin stating that the City of Stillwater is not opposed to same as this has been in the process of being developed for this purpose for many years. (all in favor) CITY COORDINATOR'S REPORT 1. On motion of Councilman Mahoney, seconded by Councilman Peterson, the Council granted a permanent Special Use Permit to Mrs. Keith Curtis, 1415 Lookout Street for a beauty shop in her home as recommended by the Planning Commission. (all in favor) 2. On motion of Councilman Mahoney, seconded by Councilman Peterson, the Council set an interest rate of 67, for the deferred assessments for Senior Citizens. (all in favor) 3. The Acting City Clerk informed the Council that the Claim from the Milbank Mutual Insurance Co. regarding claimant Jean Herschleb was referred to the City Attorney and the McGarry - Kearney Agency. 4. The Acting City Clerk explained the changes made in the Revenue Sharing Budget which were in the . ibrary Allocations and the amount for the General Fund. COMMITTEE REPORTS PUBLIC WORKS 1. Discussion was held on the lift station at the Pizinger home and Mr. Shelton was directed to find an alternate solution for sewer service for this home. 2. Mr. Shelton asked about the possibility of making Rod Hamble a Junior Parks Keeper and if the Ceta Program would be discontinued then the City put him on their payroll. (no action taken at this time) 3. Mr. Shelton informed the Council that 12 applications had been received for the Junior Sewer and Water Maintenance Man and that the Public Works Committee selected seven applicants to be interviewed. It was agreed that these interviews would be held on Wednesdaj, October 12, 1977 and that the Acting City Clerk would set up the appointments for same. • • • • 1 R • CONSULTING ENGINEER'S REPORT None September 6, 1977 September 20, 1977 September 23, 1977 October 4, 1977 4. Mr. Shelton questioned the Public Works representatives about the Uniform Parking Signs which are to be installed and he was directed to contact Monty Brine from the Parking Committee for the Chamber of Commerce. PUBLIC SAFETY 1. Mr. Abrahamson stated that Jack Hooley called and asked for bumps to be put into the street in front of his store and the Council were opposed to same as they are problems to snowplowing and there is also some liability involved. 2. On motion of Councilman Powell, seconded by Councilman Peterson, the first reading was made by title of an ordinance entitled "AN ORDINANCE AMENDING ORDINANCE NO. 482, "AN ORDINANCE ADOPTING THE MINNESOTA HIGHWAY TRAFFIC REGULATION ACT, BY DEFINING UNREASONABLE ACCELERATION AND OUTLAWING IT IN THE CITY OF STILLWATER" (all in favor) 3. The matter of the pagers for the Fire Department was presented and Mr. Abrahamson quoted the price for the model for which they had a demonstration this evening which would be in excess of $11,000. The question was raised as to whether or not the City would have to advertise for same and this matter was referred to the City Attorney. 4. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, a resolution was introduced "AWARDING THE CONTRACT FOR THE THREE POLICE CARS TO THE WHITE BEAR DODGE, INC., ST. PAUL, MINNESOTA ". AYES -- Councilwoman Bodlovick, Councilman Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) PARKS AND RECREATION 1. Mr. Blekum distributed to the City Council a financial report on the operations at the Ice Arena for the 1976 -77 season for their information. 2. Mr. Blekum informed the Council that he has received 42 applications for the position of Manager for the Ice Arena and the Recreation Commission will meet on Tuesday, October 11th for the pre - screening and then plan to have the interviews with the applicants on Wednesday, October 19th before the City Council. 3. Mr. Blekum is in the process of obtaining quotes for the proposed grading of the Croixwood 7th Ad2 ;ion Park. 4. On motion of Councilman Peterson, seconded by Councilman Mahoney, the City will not replace trees on City boulevards nor will they do any other type of maintenance work on boulevards. (all in favor) CITY ATTORNEY'S REPORT (continued) 2. Mr. Kimmel informed the Council that the easements for the Hooley Develop- ment are in the process of being signed and the court is to serve the papers on Mrs. Melton tomorrow for the condemnation of that property. 3. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the Council scheduled the public hearing for the proposed second reading of an ordinance entitled "AN ORDINANCE AMENDING ORDINANCE NO. 383, THE ZONING ORDINANCE OF THE CITY OF STILLWATER AND DEFINING LOT AREA" for Oxtober 25, 1977 at 7:30 P. M. (all in favor) 4. Mr. Kimmel reported that the building permit has been issued and work is progressing on the Rydeen house on Fourth Avenue South. APPROVAL OF MINUTES On motion of Councilwoman Bodlovick, seconded by Councilman Peterson, minutes of the following meetings were approved: Regular Meeting Regular Meeting Special Meeting (all in favor) 7:30 P. M. 7.30 P. M. 4:30 P. M. 3O9 • 1 • • • • • (. • ■ COUNCIL REQUEST ITEMS 1. On motion of Councilman Mahoney, seconded by Councilman Powell, a resolution was introduced "ADOPTING THE TAX LEVY FOR THE YEAR 1978 ". AYES -- Councilwoman Bodlovick, Councilman Mahoney, and Powell and Mayor Junker NAYS - -None ABSTAINED- Councilman Peterson (see resolutions) 2. On motion of Councilman Mahoney, seconded by Councilman Powell, a resolution was introduced "CHANGING CERTAIN MANDATORY LEVIES ". AYES -- Councilwoman Bodlovick, Councilmen Mahoney and Powell and Mayor Junker NAYS- -None ABSTAINED - Councilman Peterson (see resolutions) 3. Jeff Zoller, Chairman of Council the draft of the Commission felt that the family" and it was their Some discussion this time. ORDINANCES First Reading - Excessive Acceleration - Amending Ordinance No. 482 RESOLUTIONS The following resolutions were read and on roll call were adopted: 1. Directing the Payment of the Bills. 2. Deferrment of Special Assessments - Lassen 3.* Sale of Property on Olive Street - Wayne Herr (Councilman Mahoney opposed and Mayor Junker abstained) 4.* Purchase of Jet Rodder - Itasca Equipment Co. (Councilman Mahoney opposed) 5. Purchase of Police Cars 6. Adopting the Tax Levy (Councilman Peterson abstained) 7. Changing Certain Mandatory Levies (Councilman Peterson abstained) ADJOURNMENT On motion of Councilman Powell, cccanded by Councilman Mahoney, the meeting adjourned at 10:30 P. M. Attest: !i v /> aP _ Actg City Clerk October 4, 1977 the Planning Commission, presented to the City new zoning map and indicated that the Planning riverfront property is currently zoned "two feeling that it should be zoned "single family ". followed, but no official action was taken at Not published within the ten days - see meeting of November 8, 1977 Mayor • • • •