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HomeMy WebLinkAbout1978-03-07 CC MIN• • COUNCIL CHAMBER Stillwater, Minnesota Absent: None Citizens: March 7, 1978 7:30 P. M. REGULAR MEETING The meeting was called to order by President Junker. The Invocation was given by the Acting City Clerk. Present: Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and President ' unker Also Present: Acting City Clerk, Schnell; City Attorney, Kimmel; Superinten- dent of Public Works, Shelton; Public Safety Directory, Abrahamson; Director of Parks and Recreation, Blekum; Consulting Engineer, Elliott; Chairman of the Planning Commission, Zoller Press: Stillwater Evening Gazette - Bob Liberty Mr. & Mrs Gene Erickson, David Magnuson, Dr. & Mrs. Fred Kalinoff, Jr., Eddie Davidson, Dan Powell, Dennis Sullivan, Leighton Johnson, Dan Brookman, Raymond Roemmich INDIVIDUALS - DELEGATIONS- PETITIONS 1. DAN BROOKMAN appeared before the City Council requesting permission to charge admission for the Minnesota Norsemen professional slowpitch team tournament and requesting a 3.2 beer permit. On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, the Council granted permission for the use of Lily Lake Park for this tournament as recommended by the Recreation Commission and also granted them a 3.2 beer permit for this tournament. (all in favor) 2. DAVID MAGNUSON appeared before the City Council in behalf of Mr. & Mrs Gene Erickson regarding a building permit for a hom.: on Riverview Drive. He felt that the new plan conformed with the ordinance, but that the Building Inspector felt that the matter of the setback and the height should be resolved by the City Council, and the City Attorney. He called attention to the minutes of the City Council held on November 22, 1977 in which there were findings on this matter and referred in particular to No. 4 - "That the uniform setback referred to by Mr. Rheinberger on the east side of Riverview Drive be considered as the uniform setback for the two existing homes ". According to this the 17 foot setback would apply. He also called attention to page 31 of the Zoning Ordinance regarding setbacks for one - family districts, and if Mr. Erickson wishes to build 30 feet back it would require a variance. He felt it was unfair to deny Mr. Erickson a building permit when the Council has —' made a finding that the setback is all right and pleaded that the Council grant this permit. MR. KIMMEL stated that the decision at the hearing was that John Lawson make the decision first of all and acconLng to his letter he does not wish to make the decision and is passing this on to the Council. If the Council is going to make that decision, they should make it unddr the condition that there be an appeal .-/ hearing and the property owners would be notified to be here. The property owners have a right to be heard on this matter. MR. MAGNUSON did not feel that this was a matter of any controve_sey and there is no need for this hearing. MR. KIMMEL stated that under the ordinance the authority is on the appeal from the Building Inspector and he is not going to issue a building permit. The Council can schedule a hearing and notices will be sent to the adjoining property owners. MAYOR JUNKER stated that he had looked at the house and tle property just today and he felt there is no way that this house would fit on that lot and make it look suitable there. He felt the house would be about 22 feet above the highest point of that lot and it would be an injustice to the neighbors. He felt that Mr. Erickson was putting the Council and himself in a bad position and that it would be unfair to have this house that is much higher than the other homes in the area. He stated that he wanted Mr. Erickson to build there and asked if he could not go back and lower it a little bit. He felt that it is going to look like a "big silo ". 399) • 1 • • • (400 • MR. ERICKSON stated that similar type homes are being built up and loan the St. Croix and that homes of this design are quite common from Prescott to Stillwater. MR. MAGNUSON felt that what is being proposed here is within the ordinance. On motion of Councilman Mahoney, seconded by Councilman Peterson, the Council set the date of March 21, 1978 at 7:30 P. M. for the appeal hearing on Case No. 299 for a home to be built by Gene Erickson on Riverview Drive. (all in favor) 3. RAY ROEMMICH, 301 Crestwood Terrace, asked if the Council would be discussing the Reliance Development propsal this evening and he was informed that the Planning Commission had not made a recommendation on this matter and have re- quested additional information from the developer. March 7, 1978 PUBLIC HEARING This was the day and time for the public hearing on Case No. 291 - Special Use Permit for the Powell Sign Co. to erect a pre -fab school bus shelter 450 feet north of the north boundary of Croixwood Boulevard. Notice of the hearing was published in :he Stillwater Evening Gazette, the official newspaper of the City, on February 24, 1978 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. DAN POWELL of the Powell Sign Co. briefly explained the proposed shelter. No one appeared in opposition to this request. The Mayor closed the hearing. On motion of Councilman Mahoney, Council granted the Special Use a pre -fab school bus shelter on boundary of Croixwood Boulevard (all in favor - Councilman seconded by Councilman Peterson, the Permit to the Powell Sign Co. to erect County Road No. north of the north as recommended by the Planning Commission. Powell abstained from voting) UNFINISHED BUSINESS 1. No action was taken on the rate increases from Blue Cross and Blue Shield. 2. LYNN HOLM from the METRO HRA FAMILY HOUSING PROGRAM briefly explained the new grant program in which they would like the City of Stillwater to participate in providing rental units for large families. These would consist of single family dwellings with three, four and five bedrooms and we could have up to ten units in our community. They would be available to anyone in the Metro area, but from exper- ience in other programs they find that people usually want to ally within their own communities. COUNCILMAN POWELL asked if they would conduct any surveys to determine the number of families that would require this type of housing and MS. HOLM indicated that there is a great potential for this type of housing which developers do not get involved in because it is not feasible to do so. COUNCILMAN PETERSON questioned if this was another of the low income type housing and LYNN explained that the low income criteria for a family of four is $13,000 in the Metro area. MAYOR JUNKER asked how long before they would be available and he was informed that the applications are to be in by July 1, 1978 and construction could start by July 1, 1979. The resolution that was supplied to the Council is the intent to participate and then there would be a contract. (The question had been raised as to whether the City could pull out if they did not wish to be a part of it at a later date). COUNCILMAN PETERSON asked if the Planning Commission had a chance to look into this and also he felt that the School District should be aware of this program before any resolution is passed by the City Council. On motion of Councilman Peterson, seconded by Councilman Mahoney, that the matter of the participation in the Family Housing Program be referred to the Planning Commission and School District No. 834 before a re is adopted on this program. (all in favor) • • • 4 i • • • March 7, 1978 ems 3. On motion of Councilman Mahoney, seconded by Councilman Peterson, a resolution was introduced "AMENDING RESOLUTION 6476" compensation for John Clarey should be $30.00 per month as a Volunteer Firefighter Engineer. AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) NEW BUSINESS 1. On motion of Councilman Peterson, seconded by Councilman Mahoney, the date of March 21, 1978 at 7:30 P. M. was set for the public hearing on Case No. 292 for Stan Hanks for a Special Use Permit to construct an office building at the corner of Third and Olive Streets. (all in favor) 2. On motion of Councilman Peterson, seconded by Councilman Powell, the Council authorized the replacement of the water pump unit for the heating plant for the Municipal Building at a cost of $596.00 as quoted by Bliss Plumbing and Heating and the water softnener unit from Certified Laboratories in the amount of $389.63. (all in favor) 3. On motion of Councilman Peterson, seconded by Councilman Mahoney, the claim from Leo J. Brown, 414 North Owens Street in the amount of $530.00 is to be sent to the McGarry- Kearney Insurance Agency. (all in favor) 4. On motion of Councilman Mahoney, seconded by Councilman Peterson, the Council granted a 3.2 beer permit to the Washington County Historic Courthouse Foundation for the Courthouse Jazz Festival for July 28 and 29 without a fee charge. (all in favor) 5. On motion of Counci man Powell, seconded by Councilman Peterson, a resolution was introduced "DIRECTING THE PAYMENT OF THE BILLS ". AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and President Powell NAYS - -None (see revolutions) INDIVIDUALS - DELEGATIONS - continued None at this point in the meeting. APPLICATIONS - -On motion of Councilman Peterson, seconded by Councilman Mahoney, the following Contractor's Licenses were granted: Builders & Remodelers 2630 Hennepin Ave. 5., Minneapolis 55408 Siding New Harris Construction Co. 1009 Colonial Drive, Hudson, Wisconsin 54016 Masonry & Brick Work New Glen Johnson R. #l, Box 23 -B, Stillwater (all in favor) General New - -On motion of Councilman Peterson, seconded by Councilman Powell, a Ciagarette License was granted to J. Lamont Brine, 219 South Main Street for 1978. (all in favor) CITY COORDINATOR'S REPORT 1. The Acting City Clerk informed the Council that she had received a letter from Gerry Sikorski informing the Council that the bill which would have increased the membership on the Washington County Board has been withdrawn. 2. The Council was reminded of a meeting with the CETA representative from Washington County to be held at 6:30 P. M. on Wendesday, March 8, 1978. 3. On motion of Councilman Mahoney, seconded by Councilman Powell a Wharfage Permit was granted to Jubilee I for the year 1978. (all in favor) 401. • COMMUNICATIONS From Rod Lawson regarding the building permit for the home for Gene Erickson 1 to be built on Riverview Drive. (See Item ()2 under Individuals and Delegations) • (402 March 7, 1978 CONSULTING ENGINEER'S REPORT 1. Mr. Elliott informed the Council that he will have a full repn:t ready on the Pizinger Lift Station for the next regular Council meeting. 2. MR. ELLIOTT will meet with Ron Harneck from the DNR on Friday, March 10, 1978 regarding the pumping of Lily Lake. 3. The matter of water problems with a residence on Tamarack Court was discussed and Mr. Elliott stated that he was aware of the problem and he has contacted the bonding company for McGrand and Forvarp on this matter. COMMITTEE REPORTS PUBLIC SAFETY 1. On :notion of Councilman Peterson, seconded by Councilman Mahoney, the Acting City Clerk was directed to send a letter to the Chilakoot Bow Hunters, Ono. suggesting that they change their meeting night and also setting the curfew for their meetings and activities at the City Hall to 11:00 P. M. (all in favor) 2. On motion of Councilman Peterson, seconded by Councilman Powell, a resolution was introduced "EMPLOYING TIM SHERIN AND JAMES M. STEVENSEN AS VOLUNTEER FIREMEN EFFXCTIVE MARCH 1, 1978 ". AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and President Junker NAYS - -None (see resolutions) 3. On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, the Council authorized the installation of a winch on the rescue truck at a quoted price of $936.00 from Truck Tuilities & Mfg., Inc., St. Paul. (all in favor) PUBLIC WORKS 1. Mr. Shelton stated that Dave Reichow has requested reimbursement of $33.75 which he remitted to the City from military camp and the Council agreed if he is entitled to same after checking out with the bookkeeping office, that he be paid the amount that is due him. 2. Mr. Shelton informed the Council that there are about 405 marked diseased elm trees which have not been removed from 1977 and Mr. Johnson has not taken down any trees in the month of February. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Acting City Clerk and the Superintendent of Public Works were authorized to advertise for bids for the removal of the Diseased Elm Trees for this year with said bids returnable on April 11, 1978. (all in favor) 3. Mr. Shelton was directed to send a letter to Mrs. Bonnie Nutting acknowledging her letter regarding billings for sewer service and refuse service to the effect that it is being considered and she will be notified when some action is taken on the matter. 4. On motion of Councilman Peterson, seconded by Councilman Powell, Jack Shelton was instructed to notify Mr. Perkl tomorrow that if he wants a special type of concrete used for the meter posts in front of the Grand Garage and Gallery that he will have two weeks to put same in; otherwise the City will install same using regular concrete. Mr. Shelton was also directed to put in the necessary meter posts by the Brick Alley and also replace the broken posts which now exist in the downtown area. (There are currently four on Commercial Avenue) PARKS AND RECREATION 1. On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, the Council directed that designated loading and unloading signs be placed near the flagpole for the boats that will be using same for charter boats this season as recommended by the Recreation Commission and the Planning Commission. (all in favor) 2. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Council authorized mileage allowance reimbursement for Jim Fackler, Arena Manager when it is necessary for him to use his private car for job related errands. (all in favor) ADMINISTRATIVE No report • • • • 1 r • • MOM March 7, 1978 CITY ATTORNEY'S REPORT 1. Mr. Kimmel reported that he had received a letter from Monroe Wood regarding the repair bills on the 1975 Ford Dump Truck and felt that we should refuse to pay these bills, and he will send them a letter on this matter. COUNCIL REQUEST ITEMS 1. COUNCILMAN POWELL informed the Council that he had attended a meeting regarding Rouse File 201 which would do away with double payment to public employees who are in the National Guard and attend the summer camps for two weeks. On motion of Councilman Powell, seconded by Councilman Peterson, a resolution was introduced "OPPOSING H. F. 201 AS A CITY GOVERNMENT" and send a copy to General O'Brien and Major General Sieben. AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and President Junker BAYS- -None (see resolutions) 2. COUNCILMAN POWELL informed Mr. Elliott that the Council and the Planning Commission will be meeting about twice a month on the Comprehensive Plan and it is possible that he will be asked to come of these meetings. 3. On motion of Councilman Mahoney, seconded by Councilman Peterson, the Council granted permission to the Lumberjack Committee for the use of Lowell Park for Lumberjack Days and that they be reminded that they are responsible for the cleanup of this area during that period of time. (all in favor) 4. MAYOR JUNKER presented a resolution and gift to Harold Kimmel retiring City Attorney. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, a resolution was introduced "COIMIENDING HAROLD KIMMEL FOR HIS YEARS OF SERVICE AS CITY ATTORNEY" and the Mayor was directed to present same to Mr. Kimmel and same be published in the Stillwater Gazette. AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and President Junker NAYS - -None (see resolutions) The members of the Council individually thanked Mr. Kimmel for his services and that he had put in a lot of work above and beyond his call of duty. He was commended for a remarkable job and the feelings were that it was a pleasure to have worked with him, even though there may have been some differences on some occasions. Mr. Kimmel stated that he enjoyed being City Attorney and that there has been some speculation why he has resigned and he confirmed the fact that he just doesn't have the time to do it. He stated that there have been many changes since he became City Attorney - increase in population of about fifty percent and further felt that the Mayor and Councils that he has worked with have done a very good job. ORDINANCES None RESOLUTIONS The following resolutions were read and on roll call were unanimously adopted: 1. Amending Resolution No. 64)6 - Compensation for John Clarey as Volunteer Firefighter Engineer. 2. Payment of the Bills 3. Opposing House File No. 201 4. Commending Heroic' Kimmel, retiring City Attorney 5. Employ Volunteer Firefighters - Tim Sherin and James Stevensen 4O3 "• • ADJOURNMENT On motion of Councilman Peterson, seconded by Councilman Mahoney, the meeting adjourned at 8;50 P. M. Attest: March 7, 1978 . a; Acti4lg City Clerk Mayor 1 • • • •