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HomeMy WebLinkAbout1977-12-06 CC MIN• 338 COUNCIL CHAMBER Stillwater, Minnesota Press: Stillwater Evening Gazette - Bob Liberty 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 and Powell and President Junker Absent: None Citizens: December 6, 1977 7:30 P. M. Also Present: Acting City Clerk, Schnell; City Attorney, Kimmel; Superinten- dent of Public Works, Shelton; Public Safety Director, Abraham- son; Director of Parks and Recreation, Blekum; Consulting Engineer, Elliott; Chairman of the Planning Commission, Zoller. Kenneth R. Anderson, Jerry Mechelke, Ray 0. Marshall, Del Peterson, Bob Hagstrom, Tim Welch, John Roettger, John Rhein - berger, Jim Junker INDIVIDUALS- DELEGATIONS - PETITIONS 1. KENNETH R. ANDERSON appeared before the City Council complaining about the service which he has received from the Stillwater Police Department when he had called in complaints on several instances. MR. KIMMEL stated there is a pending criminal action against Mr. Abrahamson and his only regress is in the courts - no action is necessary on the part of the City Council. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Council requested that any action should be taken into the courts and that they would proceed with the agenda at this time. (all in favor) 2. MR. DEL PETERSON, president of RTR appeared before the City Council indicating that they have two proposals to present to the City Council for the renovation of the Nelson School Building. MR. TIM WELCH presented to the Council his plans for leaving the building essentially as it is presently. They will initially put in four condominiums and then within five years it will become an eight unit condominium. Any zoning or variances would be worked out with his attorney and the City Attorney. RAYMOND 0. MARSHALL AND JOHN ROETTGER presented their proposal for a 15 unit apartment building - -all two bedroom umits with 1,000 square feet per unit and there would be four stories. They would remove all of the wood flooring and replace them with cement floors. COUNCILMAN PETERSON indicated that both proposals would need variances of one sort or another and he asked if both proposals would meet the fire codes. MR. ROETTGER stated that they will be using all fire retardent materials and they will have all of the required exits. MR. WELCH said it is his understanding that through the use of fire -stop sheet rock that they would also meet the codes. COUNCILMAN PETERSON stated that the Planning Commission should be instructed to setup hearings on these two proposals as soon as possible and that the people in the nieghborhood should be notified of this meeting and made aware of it. MR. WELCH requested that the ventilating system be turned on to take the moisture out of the building to prevent the floors from buckling and it was questionable whether or not this would do any good since it has already been through one winter without same in operation. Also the power meters have been removed from the building. On motion of Councilman Peterson, seconded by Councilman Powell, the Planning Commission was instructed to have meetings on these two proposals and to notify the nieghbors within 300 feet of such meetings. (all in favor) • • e. • • • December 6, 1977 38 9) • .� On motion of Councilman Peterson, seconded by Councilman Mahoney, the Council extended the Rivertown Restoration's time for this project beyond the end of 1977. (all in favor) PUBLIC HEARINGS - -- -This was the day and time for the public hearing on Case No. 302, Jerry Mech- elke, 809 West St. Croix Avenue for a Special Use Permit to sell wood burning stoves at his home. The notide of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on Novemger 25, 1977 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. DAVID MAJESKI, 801 West Sycamore Street, was concerned about the size of the signs that would be used for this business and also he asked who had filed the first complaint on this operation. COUNCILWOMAN BODLOVICK indicated that she had a letter which she did not have with her this evening, but that she would get same to Mr. Majeski MAYOR JUNKER indicated that the first complaint that he was aware of was the signs on the utility poles. COUNCILMAN POWELL indicated that the City had received complaints on this operation and had also seen the ads in the local newspaper, and Mr. Abrahamson was directed to inform Mr. Mechelke about the sale of these stoves. MR. ABRAHAMSON indicated that he sent a man up there and the signs were removed. MR. KIMMEL Indicated that he had talked to Mr. Mechelke and evidently he did not understand that he could not operate a business out of his home until it was approved by the City Council. MR. MECHELKE indicated that he thought hwas doing everything right - he made application for the Special Use Permit, removed the signs and did not know that he had to wait for the approval of same. COUNCILMAN PETERSON indicated that the signs which he posted were on the telephone poles which are illegal. The Mayor closed theihearing. On motion of Councilman Mahoney, seconded by Councilman Peterson, the Council granted the Special Use Permit to Jerry Mechelke, 809 West St. Croix Avenue to sell wood burning stoves from his home as recommended by the Planning Commission with the following restrictions: 1. The advertising sign will be non - illuminated and no larger than four square feet. 2. Hours of operation will be restricted to weekends, Saturdays from 10:00 A. M. to 5:00 P. M. and Sundays from 1:00 P. M. to 5:00 P. M. 3. There will be no outside storage of the stoves. 4 This permit will expire in one year, at which time it will be reviewed. AYES -- Councilmen Mahoney, Peterson and Mayor Junker NAYS -- Councilwoman Bodlovick, and Councilman Powell (motion carried) -- -This was the day and time for the public hearing on Case No. 304, Dan Dana, 821 North Fourth Street for a Special Use Permit to convert a dwelling into a Three Plex in a two- family district. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on November 25, 1977 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. MR. DAN DANA was in attendance and informed the Council that the reason he did not appear at the Planning Commission last ev^ -ning was that he was not notified of this meeting. He further indicated that when he purchased this property from Creative Realty it was sold to him as a three -plex. On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, the hearing on Case No. 304 for a Special Use Permit for Dan Dana was continued to the January 10, 1978 meeting after the Planning Commission has heard the case. (all in favor) • • 4 • • • i 54U DECEMBER 6, 1977 UNFINISHED BUSINESS _ 1. On motion of Councilnan Peterson, seconded by Councilwoman Bodlovick, the Acting City Clerk was instructed to send a letter of Mr. Robert Eardley that the time has expired for his delay request for connection to the City's sewer system, and that he be requested to hookup immediately. (all in favor) 2. Discussion was held on the rezoning proposal for the propery east of the railroad tracks and there was some disagreement as to how this should be zoned and also as to the area that is to be included. On motion of Councilman Powell, seconded by Councilnan Peterson, the Council delayed the public hearing and second reading of the Ordinance for this rezoning until the next regular meeting and they will look at the area and see how they wish to zone same - Single Family or Commercial - it could be on a reduced area from this proposal. (all in favor) 3. On motion of Councilman Mahoney, seconded by Councilman Peterson, the Council authorized the Mayor and the Acting City Clerk to execute the C Wharfage Permit between the City of Stillwater and the St, Croix Cruise and Charter Co., Inc. for the "Discovery". (all in favor) 4. JOHN RHEINBERGER, representing the Stillwater Taxi Co. appeared before the Council and detailed the financial figures which he submitted to the City Council at their last meeting. COUNCILMAN POWELL indicated that the former owners indicated that this time of the year is the busiest time for this service and it is possible that they whould wait to see how they make out as some of their costs are constant. Also he felt that some consideration be given to somebody living on Third Street taking a taxi from downtown for a short haul. MR. RHEINBERGER indicated that the salaries are the biggest expense and this is reflected in the charges. COUNCILWOMAN BODLOVICK indicated that she would like to see one charge within the City Limits. COUNCILMAN POWELL asked it they had considered meters and MR. SHELTON stated that the cost of meters would be about $500 for each cab and then there would be the maintenance.of the meters. COUNCILMAN POWELL indicated that a lot of people have called him and they were all negative. Mr. Ritzer has been abusive to the customers and especially to those who wrote letters and it is possible that he is not the man for this business. He suggested that Mr. Rheinberger ask Mrs. Ritzer to come and talk with the Council about some of these rates - some- thing should be done but he was not sure what that was and the Council could possibly negotiate with Mrs. Ritzer on the new rate schedule. (The decision was to have a special meeting on this matter at 4:30 P. M., December 7, 1977) 5. Budget for 1978 - Discussion was held on the proposed sewer service rates for 1978 to be charged by the Metro Waste Commission. MR. ELLIOTT stated that Council Mahoney, Mr. Kimmel and he attended a meeting with this Commission and they were informed that the cost of treatment has risen and the flows from Stillwater have gone up 50% which is higher than it should be and it is primarily because of the leakage in the pipes. Also there is a shortage of about $40,000 for 1976 and in prior years we had credits which lowered the costs. The cost of treatment has doubled since 1974. He felt that the big users are not getting charged on a fair basis. MR. KIMMEL indicated that they are billing us on the same basis as they are billing everybody else. MR. ELLIOTT further indicated that if the EPA is involved in ordering the updating of our treatments, then there would be 75% of the costs covered by the Federal Government. MR. KIMMEL said that the average usage is about 100 gallons per person and possibly we could ask them to change the formula to take care of the in- filtration. Also he said we should find out how many other communities are in the same situation. Essentially it is almost impossible to correct the situation. • • • • • December 6, 1977 6. The matter of a new copying machine will be held over for a future meeting - Councilman Mahoney will contact Olivette about sending a machine out on a trial basis to see if it will take care of our needs. 7. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Acting City Clerk was directed to have a model tape recorder available for the next Council meeting on a trial basis. (all in favor) NEW BUSINESS 1. The matter of the drainage devices on the Curran property on Fourth Avenue South was referred to Mr. Shelton to check out and report back to the Council. 2. On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, a .-� resolution was introduced authorizing "A SPECIAL ACT AUTHORIZING WASHING- ` TON COUNTY, CITY OF STILLWATER AND STILLWATER TOWNSHIP TO ENTER INTO AN AGREEMENT FOR THE JOINT EXERCISE OF PLANNING AND LAND USE CONTROL POWERS, RETROACTIVE TO AUGUST 20, 1975." AYES -- Councilwoman Bodlovick, Councilmen Mahoney and Powell and Mayor Junker NAYS -- Councilman Peterson (see resolutions) 3. On motion of Councilwoman Bodlovick, seconded by Councilman Mahoney, a resolution was introduced "DIRECTING THE PAYMENT OF THE BILLS ". AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson and Powell and Mayor Junker NAYS - -None (see resolutions) 4. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Building Inspector was instructed to inform Mr. Erickson because of the lengh of time that has lapsed since his Special Use Permit was granted that he should re- appear before the Planning Commission and the City Council. (all in favor) 5. On motion of Councilman Peterson, seconded by Councilman Powell, that the City Attorney advise Gary Swager that he will have to make application for replatting of the property in the Cooper Addition. (all in favor) 6. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Clerk made the first reading by title of an ordinance entitled "AN ORDINANCE AMENDING ORDINANCE NO. 383, ADOPTING THE ZONING MAP FOR THE CITY OF STILLWATER . (all in favor) 7. Mr. Zoller indicated there will be a meeting with the Metro Council on the Comprehensive Plan for the City of Stillwater. 8. Mr. Zoller reported on the recommended appointments for the Planning Commission vacancies and the Council requested copies of all of the resumes of the persons considered for these vacancies and /or reappoint- ments. 9. On motion of Councilman Powell, seconded by Councilman Mahoney, the date of December 20, 1977 at 7:30 P. M. was set for the public hearings on the following Cases: Case No. 305 - Special Use Permit for Delbert Wheeler, 616 South Holcombe Street for a chain saw sharpening service and small engine repair in a residential district. Case No. 306 - Bill Hann, 209 South Main Street for a Special Use Permit to remodel second floor of a commercial building into living quarters. (all in favor) APPLICATIONS On motion of Councilman Powell, seconded by Councilman Peterson, the following Cigarette Licenses were granted for 1978: (all in favor) American Legion Club 103 S. Third Street Lyle Anderson - St. Croix Drug Co. 132 S. Main Street 3411 • • { 1 1 a • • Sondra Gozzi - Vittorio's 402 South Main Street Jack Hooley - Hooley's Dowtown Supermarket 405 East Myrtle Street Robert L. Keene - River Oasis Cafe 806 South Main Street Kinsel Liquor Store - Wayne Wohlers Second and Chestnut Streets Milton Krelitz - Reed Drug Store 201 South Main Street Arthur Palmer Jr - Lowell Inn, Inc. 102 North Second Street E. James Meister - Jim's Bar & Grill 901 South Fourth Street Richard Muller - Muller Boat Works, Inc. Mulberry Point Wesley Neal - Country Boy IGA 215 North William Street Wade Nelson - Brown's Ice Cream Co. 902 West Olive Street E. .hmes Meister 901 South Fourth Street, Stillwater December 6, 1977 • - -On motion of Councilman Peterson, seconded by Councilman Powell, the following Contractor's Licenses were granted: (all in favor) John A. Dalsin & Son Roofing 2830 - 20th Ave. So., Minneapolis 55407 Renewal Giebler - Jahnke Woodworking, Inc. General Renewal 11 -1 South First Street, Stillwater Raymond Haapoja - Sun Ray Eneergy Insulation Route #2, Box 179, Mora, Mn. 55051 Renewal Gordon Jackson Masonry & Brick Work 812 West Abbott Street, Stillwater Renewal Martin G. Kvaas General 1115 South Third Street, Stillwater Renewal Ed Larson - Suburban Lighting, Inc. Sign Erection 6077 Lake Elmo Ave. N., Stillwater Renewal Leo Lengyel - Leo's Excavating Excavators 2275 Neal Avenue North, Stillwater Renewal Miles Garages, a Division of Insilco General 4500 Lyndale Ave. N., Minneapolis 55412 Renewal R. W. Moelter - Moelter Construction Co., Inc. 2938 Quant Ave. North, Stillwater Excavators Renewal John D. Nelson dba Mahtomedi Masonry General 1151 Summit, Mahtomedi, Mn. 55115 New The Sussell Company General 1850 Como Avenue, St. Paul 55108 Renewal Douglas Wahlquist General 1007 North Owens Street, Stillwater Renewal - - -On motion of Councilman Powell, seconded by Councilman Peterson, the following 3.2 Off Sale Beer Licenses were granted: (all in favor) Renewal Jack Hooley - Hooley's Supermarket, Inc. 405 East Myrtle Street, Stillwater Renewal • • • • • • COMMUNICATIONS From the Metropolitan Transit Commission regarding passenger waiting shelters: (The Council indicated that they do not wish to participate in the 1978 Budget with the Metropolitan Transit Commission for such shelters) From Independent School District No. 834 regarding a representative to serve on the Community Education Advisory Council. On motion of Councilman Peterson, seconded by Councilman Powell, the Council appointed Mayor David C. Junker to serve on the Community Education Advisory Council. (all in favor) wawa On motion of Councilman Peterson, seconded by Councilman Powell, the following Regular ON SALE LIQUOR License application together with Dram Shop Insurance was approved: (all in favor) E. James Meister 901 South Fourth Street, Stillwater Renewal INDIVIDUALS - DELEGATIONS - continued JAMES JUNKER OF JUNKER SANITATION appeared before the Council regarding rate increases for the residential contract with the City for refuse pickup and also a proposal for Dump Box Service. On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, the Council set the date of December 20, 1977 at 7:30 P. M. for the public hearing for the proposed increased rates for the garbage and rubbish collection in the City of Stillwater and the matter is to be referred to the City Attorney and the Administrative Committee for their study and recommendation. (all in favor) CITY COORDINATOR'S REPORT 1. On motion of Councilman Peterson, seconded by Councilman Mahoney, the request from Orrin Thompson Homes for the bond reductions and the cash payments was referred to the City Attorney and the City Engineer for their Rudy and recommendation. (all in favor) ' 2. On motion of Councilwoman Bodlovick, seconded by Councilman Peterson, the Council granted the variance from Section 3304 (h) of the Uniform Building Code for the improvements at the Trinity Lutheran Church. (all in favor) 3. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Council approved the $10,000 Surety Bond for the Junker Sanitation Service, Inc. for the year 1978. (all in favor) 4. On motion of Councilnan Mahoney, seconded by Councilman Powell, the Council approved the payment of overtime to Shirley Montbriand in the amount of $144.15 for overtime hours for the Section 8 Housing Program for 1977. (all in favor) CONSULTING ENGINEER'S REPORT 1. On motion of Councilman Powell, seconded by Councilman Mahoney, the Council approved Change Order No. 1 for Local Improvement No. 129 -1 for the R. W. Moore Co. in the amount of $13,075.00 (all in favor) 2. On motion of Councilnan Mahoney, seconded by Councilwoman Bodlovick, the Council approved Estimate No. 2 for R..W. Moore Co. for Local Improvement No. 129 -1 in the amount of $88,546.52 to be paid with the bills on December 20, 1977. (all in favor) 3. On motion of Councilman Peterson, seconded by Councilnan Powell, the Council directed that the City once again request that the Corp of engineers make a study of the flooding conditions in the City of Stillwater. (all in favor) 4. Mr. Elliott continued the discussion on the bill from the Waste Control Commission and the Council agreed to meet on this matter at 4:00 P. M. on December 7, 1977. l !) • (344 • • PUBLIC WORKS 1. Mr. Shelton reported that the lights at the intersection of Wildpines Lane and County Road No. 5 will be reset and a light with a longer arm will be installed - no need for a new pole. 2. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Council instructed Mr. Shelton to install seven parking meters in the location on the east side of Main Street by the old NSP building. (all in favor) 3. On motion of Cojncilman Peterson, seconded by Councilman Powell, the Council directed that the parking lot on South Second Street be closed off until the water problem can be resolved. (all in favor) 4. Mr. Shelton and Mr. Elliott were directed to check out the water flow problems in the area of the Second Street parking lot - Auditorium Parking Lot. 5. Discussion was held on the repair quotes which Jack received for the grader and whether it was advisable to make the repairs or to purchase another used grader. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the Council authorized the expenditure of $6,359.00 for the repair of the grader per the quotation received from International Harvester. (all in favor) PUBLIC SAFETY 1. Mr. Abrahamson informed the City Council that through a special grant the City has been allocated a terminal on the Criminal Justice Data- communi- cations network. The only costs to the City will be a special four -way plug and the installation costs of the unit and the changing of the door into the Police Department from the inside hall to a split door with locks on both halves. On motion of Councilman Peterson, seconded by Councilman Powell, the Council authorized the installation of the Criminal Justice unit in the Police Department at an installation cost of $180.00, plus the cost of the four -way plug and the alteration of the door into the Police Department. (all in favor) 2. On motion of Councilman Peterson, seconded by Councilman Mahoney, a resolution was introduced "AUTHORIZING THE INSTALLATION OF PARKING SIGNS ON HOLCOMBE STREET BEYOND HANCOCK STREET ON THE SENIOR HIGH SCHOOL PROPERTY ". Ayes -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker Nays - -None (see resolutions) 3. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, a resolution was introduced "EMPLOYING JOEL CHARCHENKO FOR THE POLICE RESERVES FOR A PROBATICNERY PERIOD OF SIX MONTHS EFFECTIVE December 6, 1977." AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 4. Mr. Abrahamson informed the Council that the one squad car which is being used by will save the City some money. 5. On motion of Councilman Powell, seconded Council authorized the purchase of a gas is to be purchased from The Snelling Co. $240.00. (all in favor) PARKS AND RECREATION No report ADMINISTRATIVE COMMITTEE No report December 6, 1977 COMMITTEE REPORTS the radio has been removed from the Juvenile Officer and this by Councilman Mahoney, the heater for the dog pound which , St. Paul, at a cost of about • • • • • • • r� • CITY ATTORNEY'S REPORT No report COUNCIL REQUEST ITEMS December 6, 1977 COUNCILMAN PETERSON asked Mr. Shelton about allowing the various banks in town to use the Infra -Red pictures to be shown at their establishments. QUESTIONS FROM THE PRESS REPRESENTATIVES A None ORDINANCES First reading - An Ordinance Amending Ordinance No. 383 - Adopting the Zoning Map for the City of Stillwater RESOLUTIONS The following resolutions were read and on roll call were adopted: 1. Directing the Payment of the Bills. 2. Special Legislative Act for the Joint Powers Commission (Councilman Peterson opposed) 3. Parking Signs at the Stillwater Senior High 4. Employing Joe Charchenko as a Police Reserve Officer ADJOURNMENT Or motion of Councilnan Powell, seconded by Councilman Peterson, the meeting adjourned at 10:10 P. M. Attest; q I 49 �drf��• %tX J Actiglg City Clerk Mayor 345 •