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HomeMy WebLinkAbout1978-04-11 CC MIN• COUNCIL CHAMBERS 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, Councilmen Mahoney, Peterson, Powell and President Junker Absent: None Also Present: Acting City Clerk, Schnell; City Attorney, Magnuson, Superin- tendent of Public Works, Shelton; Public Safety Director, Abrahamson; Director of Parks and Recreation, Blekum; Assistant Building Inspector, Niska Press: Ciczens: April 11, 1978 7:30 P. M. Stillwater Evening Gazette - Bob Liberty White Bear Free Press - Steve Regan Lori Powell, Milan Horak, Books Thompson, Pat Burchard, Gary Harty, Jack Safer, Glen Wendorff, Scott Nelson, Jim Torseth, Oscar Kern, Mr. & Mrs. Tom Hunninghake, Brian Nichols, Charles Buleston, Sandra Westergreen, Clarence Dornfeld, Jim Gannon, Charles Pozzini, Alex Kraemer, Roy Rydeen, Gerry Wallace UNFINISHED BUSINESS (out of order) This was the day and time set for the bid opening for the Dutch Elm Diseased Tree Removal for 1978. The advertisement for bids was published in the Stillwater Evening Gazette, the official newspaper of the City, on March 20, 1978: On motion of Councilman Powell, seconded by Councilman Peterson, the Acting City Clerk was directed to open the and bid received for the Dutch Elm Diseased Tree Removal for 1978. (all in favor) Milan Horak - Horak Trucking Bayport, Minnesota 55003 Certified Check Total Bid $3,116.00 Alternate No. 1 - Stumps $814.00 On motion of Councilman Peterson, seconded by Councilwoman Bodlovickc, the bid from Milan Horak for the Dutch Elm Diseased Tree Removal for 1978 was referred to Jack Shelton for his study and recommendation later in the meeting. (all in favor) INDIVIDUALSAELEGATIONS - PETITIONS 1. LORI POWELL, representing the Chamber of Commerce, appeared before the City Council regarding the use of Lowell Park for an Art Fair on May 12 and 13, 1978. They plan to have from 50 to 100 entrants and they would be on the south side of the bridge unless there were too many, then they might have to put some of them to the north side of the bridge. She agreed that the Retail Council would take care of any cleanup following this event. On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, the Council granted permission to the Downtown Retail Council to use Lowell Park for an Art Fair on May 12 and 13, 1978 with the understand- ing that they would clean same up following the fair. (all in favor) 2. MR. GARY HARTY of West Wilkin Street appeared before the Council regarding the sub - division of his property and presented a Certificate of Survey showing that there would be adequate frontage - each parcel would be 63 feet by 300 feet with 18,000 square feet. The location of the property is 625 and 627 West Wilkim Street. On motion of Councilman Powell, seconded by Councilman Peterson, the Council granted permission to Mr. Harty tc sub - divide his property on West Wilkin Street. (all in favor) 415` • • 4 • • 1 416 April 11, 1978 3. PAT BURCHARD, representing BRISTOL YACHTING CORPORATION, appeared before the City Council regarding possible improvements in Lowell Park for the docking of charter boats. She stated that they have been in contact with Jack Shelton of the Public Works Department regarding this matter and she cited costs of what the involvement of the project would be and that they had been in contact with the Downtown Retail Council so that they would be aware of what is going on. COUNCILMAN PETERSON inquired if they had been in contact with the Margaret Rivers Foundation asking them to withhold any pledges or donations they planned on making to the City until He was informed by a member of the Margaret Rivers Foundation that they had been requested to withhold any donations they had planned until their office had a chance to make some additional recommendations as far as any improvements on that levee was concerned. MS. BURCHARD stated that they had contacted them in regards to their feelings - it is my understanding taht they have donated about eight thousand dollars to the improvement of that levee. They contacted them first of all to find out what their feeling was about the proposal of the timbers and beyond that if they had something especially designated for that monies or whatever the Council decided be done. COUNCILMAN PETERSON inquired if they had asked them to hold up on any contributions and replied "not to her knowledge ". MS. BURCHARD stated that the timbers would be purchased from a salavage yard and they are six inches by ten inches in size - around $1.75 per foot - using a twelve foot length for the timbers - putting them 20 feet apart, if would take approxi- mately 25 and the cost would be $525.00. If they were 15 feet apart, it would take approximately 33 timbers for $693.00. They recommended the use of a ten inch gal- vanized cleat for the mooring purposes of the boat and these cost approximately $4.00 each - using the same spacing as the timbers it breaks down to $100.00 for cleats or $133.00 if you use the 33 timbers. MAYOR JUNKER inquired if they included labor costs in these figures and the reply was "no" and that Mr. Shelton could give them the information on this by using the Public Works employees for this work. JACK SHELTON stated that the main concern when they were talking about putting the timbers in was brought up by Councilman Peterson as to what would happen if the water as it comes up each spring as it is right now would be left in and somebody ran into them - looking at 11 the records from Mullers the average rise each spring is eight or ten foot above the pool, actually this would be 683 or 685 and if we were using the 15 foot timber in length we would probably be clear most of the time by a foot or three foot of this timber would be sticking out of the water, so it should not prove a hazard - only three times in 1952, 1965 and 1969 would it be covered when we had any major floods in Stillwater and that is three times in 26 years. He had been down there and they would be attached to the dike if it is the desire of the Council to do this. If you were standing on that street, not the levee deck itself when you get out to dock your boat, but walk up the steps you would be on the level of the street before you go up in the park - if you had the 15 foot timber you would be three foot seven inches above that street level - most of the time you would be looking over them as a wide fence cr open fence. They can be attached - there is going to be some cost in that - the water level is normally two foot three inches below the levee deck - four foot below that is the remains of an old dike - years ago they ued the continuation of the street and went down in - this would get them six foot three inches or so into - about eight foot nine inches that would be above the levee deck itself. When you are on the deck, they would be above anybody's head - maybe they don't need 15 foot - it we use 12, then today the twelve foot would have to be removed when you get to 683 or 68: and they would probably have to be removed every spring. It can be done but there is some work involved. They would have to be removed as they would be under the surface of the water - they would be fourteen feet from the wall where the flag- pole is located and if they do under the water and somebody comes in with a boat they could probably take the bottom out of the boat. MAYOR JUNKER also felt that we could also have problems with the kids that play around there and MR. SHELTON stated that if they could be put down far enough below the dike level, then it would be pretty hard to remove them. MS. BURCHARD added that regarding safety for parties that are not familiar with this area and the water was 12 inches above that lower wall it is very conceivable that an unknowledgable person could run their boat right up on the wall - where the timbers sticking out of the water the way they propose everyone is going to be aware there is something under the water and they would not go beyond that point. In that way you would eliminate any accidents that could happen. • • • • • • • April 11, 1978 MIME COUNCILMAN PETERSON stated that the original discussion on this was that it was going to be a one year temporary trial basis operation and felt that before we start installing any type of timbers for a one year trial operation that they had better have a hard second look at it - see how the first year goes before any type of changes or installing these timbers down there. This was strictly a temporary thing. (Councilwoman Bodlovick also confirmed this fact.) COUNCILMAN POWELL felt that we would have to back the timbers with some "I" beams if it was done and we would be going to this expense to subsidize three boats so that they can pay for their insurance whatever - this was originally the itent of these people to come here to help pay for their insurance by having charter runs and he could not see it. He also heard that they were trying to distribute a petition amongst the Downtown Council MS. BURCHARD stated that they initiated a document or petition in anticipation of your question for the feeling of the merchants of Stillwater they felt that in all good faith and mexiy as a matter of expediting the issue to get their feelings on the dock and that they are not trying to force their way through. It is still their proposal to do this as a temporary thing . . . COUNCILMAN PETERSON questioned the fact that they are going to install them and Ms. Burchard said "no ". COUNCILMAN POWELL stated that the City could use the $300.00 to pay for it and now we are talking about something in excess of $2,000 to do that. MAYOR JUNKER stated that we do not have a caretaker there to take care of this park and we could really run into some problems with kids there on those poles and we have enough problems there now with the bandstand there We could spend $2,000 and then it would not work out. He asked if there was anyway that they couldgperate their charter boats without the poles for tie -ups or bumpers. MS. BURCHARD stated that it would be very difficult if the water was up at all it it was two feet below and one good wave comes, you would have the boat up on the wall. She added that the figures given here are for the entire levee area and she was trying to give the Council an idea what the entire cost would be if they would go that far and they did not have to do the entire levee - she suggested that if they di1 the 100 feet as an experiment and using the $300 from the leases it might be a worthwhile experiment. She felt that there would be many people that would love to come and tie -up their boats and go into the town and enjoy the lovely restaurants and the shopping - it is a very quaint lovely town. MAYOR JUNKER ASKED FOR RESPONSE FROM THE AUDIENCE ON THIS MATTER. MRS. TIM JOHNSON stated that they are one of three boats involved in the Wharfage Permits and further Bristol Yachting Corporation was representing them and that they had appeared before the City Council along with Bogey Cove II and Wharfage Permits were obtained and guidelines and boundaries were setup by the Recreation Commission a•.d they still agree to same. They had no specific demands for improve - -- ments on the levee - they all know what the levee is like when the permits were obtained our agreement with the City Council was to use the levee as is and that whatever had transpired in the last month would not jeopardize their Wharfage Permit. JIM GANNON felt that the levee needs work done as far as tieing up boats and that the work should be done by the City for the people of the City and local boaters and other town boaters that come to visit and not for chartering service - the whole downtown levees will be tied up with these three boats especially when they go uptown to shop. MAYOR JUNKER siad that they would only be there for ten or fifteen minutes at a time when they pickup and discharge their passengers, and would not be docking overnite. COUNCILMAN POWELL asked Mr. Blekum if he had a request for some signs and Mr. Blekum submitted to the Council drawings of proposed signs for this area as requested by Bristol Yachting Corporation. MAYOR JUNKER asked if Bristol Yachting Corporation be willing to install three or four of those bumpers at their own cost as a trial and asked if Ms. Burchard to take that back to them. COUNCILMAN PETERSON questioned under what authority did Bristol Yachting request these signs and what is the Stillwater Port Authority. COUNCILMAN POWELL stated that at one time we did have a Port Authority, but it no longer exists. • 417 \ • • • 1 • 418 • • April 11, 1978 there lwwouldpbegno0signs astated and no that restrictions was as far as discussed tocking Mr. s concerned and that these signs read "NO DOCKING PICKUP & DISEMBARKATION ONLY FOR BOGEY'S COVE, CROIXSIDE, DOLPHIN li" by the Stillwater Port Authority. He felt that the Birstol Yachting Corporation was trying to shove this down the Council's throats even though they stated that they were not. was MS. BURCHARD stated that this /offered merely as a suggestion as to what could be done and Mr. Herman's dealings with some of the epople it was suggested that they come up with some wording for a sign that would be placed down there - that was her understanding. COUNCILMAN PETERSON felt that Mr. Heenan was aware of the fact when he left here the last time that there would be no signs and the only signs would be "Loading Unloading Only" for everyone and everybody and this was confirmed by Councilman Mahoney and Councilwoman Bodlovick. MAYOR JUNKER asked if there was anyone else who wanted to be heard on this matter and he reviewed what the proposal was for the use of 100 feet of the levee and the fact they wanted to put up some timbers for bumpers and tie -ups so that they don't hit the cement wall. MS. BURCHARD stated that they understand and hoped that they would not jeopardize anybody's Wharfage Permits that - they were concerned for everybody - the Charter Boats and the other boaters coming into the area. MAYOR JUNKER felt that the Council would probably go along with their putting up the posts, but the opinion of the members of the Council were in disagreement with this - the situation has been for years and years and when the water gets down to where it becomes dangerous so that the bumper rail doesn't hit the levee that is one of the problems and that is why they want it that high. BROOKS THOMPSON, representing the Downtown Council, it is the general consensus of the Downtown Council that this proposal is a good idea and they would agree to it if it met the City Council's wishes. COUNCILMAN PETERSON stated that when Mr. Hennan was in here that it was understood that it was a one year trial basis - there would be no signs - there would be a sign saying "Loading and Unloading" - that would be the extent there would be no electrical hookups - no water hookups - there would be no posts - they were talked about - at the time he was in here, it was going to be a one year trial basis and he didn't see anything trial about installing those posts. MAYOR JUNKER at their own expense - we didn't like it and there isn't that much to picking them up if they don't work and the Retail Council is willing to go along with it and they are trying to sell us some of these posts which they need - 15 might be too many, but three might not be bad. COUNCILMAN PETERSON moved that we not allow the installation of these posts or pilings along the levee by anyone - City or Bristol Yachting Corporation for the period of the Wharfage Permit. COUNCILMAN MAHONEY seconded the motion. MAYOR JUNKER asked Mr. Blekum for his comments, and also Mr. Shelton. MR. BLEKUM felt that if it was done that it should be a part of the levee renovation and put something decent in there all the way along so that everybody can use it. MR. SHELTON stated that the only reason that the posts were discussed were the safety feature of the thing - the post can be anchored in and they would not get pushed out - they are going to stick up above the water about 11 feet under normal pool. Questions were raised about the tieing up of boats down and the size and type of these particular boats. The bumper rail on the boat is way away from the boat itself and you could wreck these boats and these are expensive boats - up to a quarter of a million dollars. COUNCILWOMAN BODLOVICK stated that they were well aware of the situation down there prior to their requesting a permit. MAYOR JUNKER asked Ms. Burchard if they would run the boats without the posts and she agreed that they could. VOTE ON THE MOTION - All in favor • • • • • April 11, 1978 4. JACK SAFAR, representing Dominium Group, Inc. appeared before the Council re- garding the construction of the Housing for the Elderly in Downtown Stillwater. They received the firm and final commitment from the Minnesota Finance Agency last Thursday as there were significant problems with the building costs. He also requested a reduction in the sewer connection fee for this project. The City's charge is $50.00 per unit - he felt far exceeds the average cost for such a building and would not be feasible to have this high of a sewer connection charge. There have been no changes in the construction of the building and if this is not reduced the project will still go as planned. COUNCILMAN PETERSON questioned what the Metro Waste Commission does as far as the SAC charge and MR. SAFAR stated that this amount is reduced to $300 per unit which is 25% less than the normal charge of $400. COUNCILMAN PETERSON stated that the Public Works Committee recommended that the City Council go along with the same reduction as the state does and reduce the sewer connection charge to $3,600 rather than one $50 hookup as an elderly person building a single family house would have to pay $100.00. 03UNCILMAN POWELL felt thst if we did this for Dominium that we might run into problems with other low -rent dwellings. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Council agreed to reduce the sewer connedtion charge for the Hi- Rise Housing for the Elderly from $4,800 to $3,600 for the 96 units which is the same reduction the State or Metro Waste Commission gives on the SAC charges for such construct'on. (all in favor) MR. SAFAR stated that they plan to start construction early in May and he will be working with Mr. Magnuson regarding the purchase of the property and also the trade of pr9perty with Mr. Bliss for parking. Ee was requested by the Council to submit a press release to the local news- paper as to when construction will begin and also they are still working with the CVC as to the signing up of names of people who would like to apply for these units. 5. GLENN WENDORFF, representing the Stillwater Jaycees, appeared before the City Council regarding the problems at Kolliner Park and they are interested in finishing the park over there. They are estimating the cost of the project at five to seven thousand dollars. Their main concern is crowd control and they are working with Ben George on getting a fence at the top of the main road and this will be paid for by the Jaycees. He requested that St. Joe Township /St. Croix County and the City of Stillwater split the cost of a caretaker for this park. He would be responsible for closing the park and free_ up the time of the law enforcing agents and they are willing to share the cost and the responsibility. The park will stay closed until they find a proper way to maintain it and have proper supervision - the park is for everybody in the community and not just for a few people. COUNCILMAN POWELL questioned if they did have a caretaker would he have to have a walkie- talkie so that he could call the Police when he wanted to lock up as he didn't feelthat one man could lock it up alone. MR. WENDORFF stated that this is a recommendation that Ben George suggested that if there was someone there it would stop the groups from forming and we would have a combined effort aoing here. COUNCILMAN PETERSON asked that the request for a caretaker be studied by the Parks and Recreation Commission and get some type of duties drawn up, hours, etc. 6. SCOTT NELSON, 311 Northland Avenue and STEVE KLEIN 319 Northland Avenue appeared before the City Council regarding the excess drainage off the Edgewood Avenue ditch and it was brought out that someone had plugged the drain with a piece of wood. They : equested that a grate be put in there and the ditch is so full of debris that it does not allow the water to drain out. JACK SHELTON said that they would recommend putting a beehive on the manhole that has the cover on it and in front of this, the drain did have a "kid- guard" on it to keep the kids from crawling in, but not to keep the debris out - there is another way of putting an extension of pipe on, bring up a short section and put a grate on that so if this got plugged this would form more of a natural dam and this would be a controlled height on it. They will get the beehive put in and the extension and form this overflow pipe. MR. NELSON felt that if the ditch were kept clean that people wouldn't continue to throw things in there, and requested a long range proposal. MR. SHELTON stated this ditch connects one park to another park and there is a lot of debris settled in these yards and it keeps building up. Mr. Shelton reported that Mr. Elliott stated that there is still some money left that Orrin • 1 1 April 11, 1978 Thompson could take care of some of the seeding in these banks. Also possibly Don Patton or Winden could come out and look at this situation, and get a better drainage easement. THE MAYOR DECLARED A RECESS FROM 8:30 to 8:40 P. M. 7. JI on to theswest appeared their the some discussion name sion on this matter. He was directed to contact the Building Inspector's Office on this matter and he agreed to do this. He had sent a letter to the City Clerk regarding the piece of property located to the south and west of the current Press -On building and there has been some problems with that business and they are filing a formal complaint as they feel that some of their rights are being enfringed upon - it concerns housekeeping of the property, blocking of traffic, and he submitted photos to the Council of some of the problems. This business appears to be some type of a used car lot - no blacktop paving - big mud problem - they have no indoor sanitary facilities, it is creating a nuisance for their business and they have a 24 hour security guard when they are not in operation and this guard is spending a considerable amount of his time monitoring that operation. He felt that if this business was in operation on Main Street there would be some restrictions placed on it and he felt that they deserved the same considerations, and did not fit into the other operations located here. COUNCILMAN PETERSON moved that the City Attorney, the Building Inspector, and the Public Health Officer inspect this property reporting violations back to the City Council at the next regular meeting and he was informed that this had been done. RON NISKA, Assistant Building Inspector, reported that their department had made an inspection of the building and they do have sanitation facilities in the building but the sewer is not hooked up. The Fire Chief made an inspection also and one violation that he found in there was that there were no fire extinguishers in the building and he has agreed to install same. He did not find any other fire code violations. MR. TORSETH stated that the prior operator was both spraying and sandblasting and he thought there had been a change in faces there - he is not dealing with the owners of the building, but the parties that are renting it. This is part of the junk car ordinance. sttatedLthatphehadNbeen advisedhbypthccCity Attorney not to go out there. he there. DAVE MAGNUSON, City Attorney, stated that this Melton property is a portion of the property that the City is condemning for a street and after receiving the letter he had talked to Wally and the Public Works Department and he felt at that time that we should check for violations, but as far as instituting legal proceedings right now, it might be using our criminal authority under the statutes in order to "whip -saw" and create that sort of an effect in a civil proceeding and his feeling was that unless there is something blatant that we can put our finger on a direct violation we shouldn't apply that sort of pressure right now for a couple of reasons. It appears that we are improperly trying to force them into something. by use of this extra ordinary power that the State has - the other thing is that they have been cooperative with us and they have granted us the right of entry to go on the property to make this road improvement without the actual final pressure, I think, thatntheerretisnsomethingeabsolutely sure before we apply any wrong. COUNCILMANaPETEERSOONtfeltcthat be forced te wou me under the nuisance that junk cars, it come COUNCILMAN MAHONEY stated that they should be sent a letter to connect up to the sewer which is now available. DAVE MAGNUSON felt that we sshould check all of the ordinances and make sure the investigation is complete and the City inherited this from the Township prior to when it was setup. MR. TORSETH felt they have dealt with only new construction and it is for the good of the community. r • • • • • -% April 11, 1 :73 • • • OSCAR (BUD) KERN stated that there has been a change in the use of this property and he felt it is setting a very bad example for the whole of the new area that is being developed here and deteriorates the value of his property. He stated that their permit for this building required that they put a well in there and this was never done and they do not have running water from his house across the street and did feel that such an operation woul 7be allowed in downtown Stillwater and that it should not be allowed here. They are spending considerable money out there and are required to do certain things. COUNCILMAN MAHONEY questioned the City Attorney if it would be possible to check out the original permit and MAYOR JUNKER directed the City Attorney to check into this matter. PUBLIC HEARINGS - -This was the day and time for the public hearing on Case No. 313 for a Special Use permit for Charles Puleston to convert a duplex into a three -plex in a two- family district at 903 North Fourth Street. Notice of the hearing was published in the Stillwater Gazette, the official newspaper of the City on March 31, 1978 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. TOM HUNNINGHAKE, 924 North Fourth Street, appeared in opposition to this request as there are a number of three plexes in the area now. He felt that it depreciates the value of the single family dwellings in the area and asked that the Council look at the one at Fourth and Aspen. MR. PULESTON stated that he was confused on what he is to do and first of all he wanted a code book and found out that there is no such thing available and that he would have to draw up his plans and the Building Inspector would look at them and tell him what changes would have to be made. He is not sure that he is going to do it or not and he would like the hearing to be continued. On motion of Councilwoman Bodlovick, seconded by Councilman Peterson, the hearing on Case No. 313 for Charles Puleston was continued to May 9, 1978 at 7:30 P. M. (all in favor) -- -This was the day and time for the public hearing on Case No. 314 for a Special Use Permit for Brian Nichols and Dave Magnuson to convert the building at 110 South Greeley Street into an office - warehouse building. Notice of the hearing was published in the Stillwater Gazette, the official newspaper of the City on March 31, 1978 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. BRIAN NICHOLS, petitioner appeared before the Council and presented the proposed plans for the building. DAVE MAGNUSON stated that he has an interest in this building and that he had talked to the Council to have Mr. Kimmel give them advice in regard to this matter. COUNCILWOMAN BODLOVICK stated that she had called him but he did not send her a letter regarding the granting of this permit in a two - family area. MR. NICHOLS stated that he and Mr. Magnuson bought the building early last fall and they had prepared the preliminary plans which they are viewing this evening. The front part of the building would be offices and the back of the building which is being used for warehouse now into some type of storage. COUNCILWOMAN BODLOVICK stated the offices would be a permitted use, but not a warehouse and the Council will have to have a letter from Harold to make it legal. ROY RYDEEN asked if this would be referred back to the Planning Commission and he was informed that the Planning Commission had tabled this and the Council cannot make a decision until the legal opinion is received and action taken by the Planning Commission. On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, the hearing on Case No. 314 for Nichols and Magnuson for a Special Use Permit at 110 South Greeley Street was continued until May 9, 1978 at 7:30 P. M. (all in favor) 't 1 • • • • • • April 11, 1978 UNFINISHED BUSINESS 1. Kennel License - Sandra Westergreen, 713 Northland Avenue CLARENCE DORNFELD, 837 Northland Avenue, did not feel that these dogs are causing any prob lems and whether or not she has a kennel license the dogs will still be there. MR. MAGNUSON stated that whether you have a kennel, you have a business, it is a commercial use and in order to have a commercial use, you have to have a Special Use Permit and with the restricted covenants that the property owners in Croixwood have as a burden on their land it strictly prohibits kenneling and would bring the residents in the whole of Croixwood to bring a private action. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, The Council followed the recommendation of the Planning Commission and denied the request for the kennel license to Mrs. Sandra Westergreen, 713 Northland Avenue. (all in favor) (Councilman Peterson also felt that the Council should not grant a kennel license for a tax benefit) 2. On motion of Councilman Powell, seconded by Councilman Peterson, the Council granted a ten foot variance for a building permit to Ron Christophersen, 324 East St. Croix Avenue for the replacement of an existing porch with a new porch. (all in favor) 3. On motion of Councilnan Powell, seconded by Councilnan Peterson, the letter from the Corps of Engineers regarding the flood problems be referred to the Planning Commission. (all in favor) 4. On motion of Councilman Mahoney, seconded by Councilman Powell, the Council granted 3.2 Beer Permits to the Stillwater Jaycees and the Military Order of Cooties for the Stillwater Lumberjack Days for 1978 for Lowell Park as recommended by the St. Croix Valley Area Chamber of Commerce. (all in favor) 5. On motion of Councilman Mahoney, seconded by Councilman Peterson, the Clerk made the second reading of an ordinance entitled "AN ORDINANCE PROVIDING FOR A SYSTEM OF NUMBERING FOR DWELLING HOMES AND BUILDINGS LOCATED WITHIN THE CITY OF STILLWATER, PRESCRIBING A PENALTY FOR THE VIOLATION THEREOF" (Ord. No. 561) The ordinance was read section by section followed by roll call after each section and all members of the Council voted in the affirmative. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, Section 6. Penalties was changed from a "misdemeanor" of a "petty misdemeanor" with a tine not to exceed One Hundred Dollars. (all in favor) The chair then put the question, "Shall this ordinance pass ?" and on roll call the ordinance was unanimously adopted. 6. On motion of Councilman Powell, seconded by Councilman Mahoney, the Council authorized the Mayor and the Acting City Clerk to sign the Fire Protection Contracts with Stillwater Township, May Township and Grant Township. (all in favor) 7. On motion of Councilman Powell, seconded by Councilman Mahoney, a resolution was introduced INCREASING THE COMPENSATION OF GARY FULLERTON AND ROD HAMBLE TO $7.02 PER HOUR EFFECTIVE APRIL 1, 1978" AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 8. On motion of Councilman Powell, seconded by Councilman Mahoney, a resolution was introduced "AWARDING THE CONTRACT FOR THE REMOVAL OF THE DISEASED ELM TREES TO MILAN HORAK FOR 1978 ". AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) (Jack Shelton questioned the charge for the biggest tree at $60.00 and Mr. Horak confirmed this price) 4 • • • , • 1 • • • NEW BUSINESS April 11, 1978 1. The dates for the spring pickup were set as follows: Monday, April 24, 1978 to 12:00 Noon, April 26, 1978 from the north side of Myrtle Street to the north City Limits. Wednesday, April 26, 1978 at 12:30 P. M. thru Friday, April 28, 1978 From the south side of Myrtle Street to the South City Limits. 2. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Council granted a 3.2 Beer Permit to St. Michael's Church for Sunday, June 25, 1978 from Noon to 6:00 P. M. (all in favor) 3. On motion of Councilman Mahoney, seconded by Councilman Peterson, the Clerk made the first reading by title of an ordinance entitled "AN ORDINANCE AMENDING ORDINANCE NO. 473 - AN ORDINANCE REGULATING THE CONSTRUCTION OF SWIMMING POOLS." (all in favor) 4. On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, a resolution was introduced "APPROVING SPECIAL LAW" - Joint Powers Committee. AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 5. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Surety Excavator Bond in the amount of $5,000 was approved for James Borden dba James Borden Excavation, Stillwater, Minnesota. (all in favor) 6. On motion of Councilman Mahoney, seconded by Councilman Powell, a resolution was introduced "DIRECTING THE PAYMENT OF THE BILLS ". AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) INDIVIDUALS- DELEGATIONS None at this point in the meeting APPLICATIONS - - -On motion of Councilman Mahoney, seconded by Councilman Powell, the following Contractor's Licenses were granted: (all in favor) Wayne Herr Construction Co. New 13033 - 112th St., Stillwater General North Central Builders New 7401 - 42nd Ave. N., Minneapolis 55427 General St. Croix Valley Pools - R. W. LaCasse Renewal 13481 N. 60th St., Stillwater General A. M. Zappa Excavating & Grading, Inc. New 1549 Berne Rd., Firdley, Mn. 55421 Excavators - - -On motion of Councilwoman Bodlovick, seconded by Councilman Powell, a Cigarette License was granted to Lloyd A. Girdo, Holiday Foods, 103 North Owens Street and Meister Corporation„ 112 North Main Street. (all in favor - renewals) - - -On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, an Auctioneer's License was granted to Wilbur S. McGrorty, Route #2, St. Croix Falls, Wisconsin (all in favor - new) COMMUNICATIONS From Press -On, Inc. regarding villatilns of local ordinances and building codes at a Commercial location - 13900 - 60th Street North. (See action under Individuals and Delegations) From ANNA - notice of Anjual Meeting changed to May 17, 1978. From the Metropolitan Transit Commission regarding Passenger Waiting Shelters for the 1979 Shelter Project. (Council is not interested) 42°' • • a • "424 April 11, 1978 • CITY COORDINATOR'S REPORT 1. On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, the Clerk made the first reading by title of an ordinance entitled "AN ORDINANCE OF THE CITY OF STILLWATER RELATING TO THE USE AND ENJOYMENT OF PARKS ". (all in favor) 2. On motion of Councilman Peterson, seconded by Councilman Powell, that the date of November 8, 1977 be added to the Escrow Agreement for the Benson Plat and that the $5,000 received from Mr. Benson as escrow be invested at the Northwestern State Bank as requested by Mr. Benson. (all in favor) 3. On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, the Council authorized Jeff Zoller, Planning Commission Chairman, David C. Junker, Mayor and Dorothy R. Schnell, Acting City Clerk to sign the new zoning map in accordance with the Zoning Ordinance. (all in favor) 4. On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, the date of May 25, 1978 at 7:30 P. M. was set for the following public hearings: Case No. 317 - Special Use Permit for a Portrait Studio at 209 West Laurel Street - Miles Henderson Case No. 251 - Preliminary Plat - Reliance Development Corporation (all in favor) 5. On motion of Councilman Mahoney, seconded by Councilman Peterson, the Council authorized the publication of the financial report the same as last year - SUMMARY OF RECEIPTS AND DISBURSEMENTS AND THE STATEMENT OF BONDED INDEBTEDNESS. (all in favor) 6. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Council directed that the monies received from the sale of the Olive Street property to Wayne Herr be receipted into the Park Fund. (all in favor) 7. The Acting City Clerk informed the Council that the Chamber of Commerce on the parking meter stickers - they will be yellow and black and will be 2t inches by 3 inches with the following wording on them: FREE PARKING AFTER 5:00 P. M. - FREE PARKING ALL DAY SATURDAY AND SUNDAYS AND HOLIDAYS 8. The Acting City Clerk informed the Council that Mr. Frank Spencer wishes to use the Council Chambers possibly each Wednesday from 4:15 to 7:30 to meet with kids from Totem Town - she indicated that she had committed to them the use for Wednesday, April 12th and the Mayor agreed to open and close the building following this first session. This week they are arriving at 5:30 P. M. 9. The matter of saving the Maple tree at the corner of Locust and Fourth Street was discussed and Mr. Shelton stated that the tree is rotten and that Mrs. Gene Bergendahl should hold the City harmless if it should fall and hit anyone. COtM1ITTEE REPORTS PUBLIC SAFETY 1. On motion of Councilwoman Bodlovick, seconded by Councilman Mahoney, the Council authorized the attendance of three men from the Fire Department to attend the State Fire School. (all in favor) 2. On motion of Councilwoman Bodlovick, seconded by Councilman Mahoney, the Council authorized sending the Fire Chief and one other man to the Minn- esota State Fire Chief's Convention at Moorhead - registration fee $45.00 which is in the budget. (all in favor) 3. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Council directed that the Mayor send a letter of commendation to Peter Vollmer who has resigned from the Police Reserve as of April 1, 1978 to accept a position in Robinsdale. (all in favor) 4. On motion of Councilman Mahoney, seconded by Councilman Powell, the Mayor was directed to send a letter of congratulations to Lori Kampfer one of the winners in the Fire Prevention Poster Contest. (all in favor) PUBLIC WORKS On motion of Councilman Powell, seconded by Councilman Peterson, a resolution was introduced "CONFIRMING THE APPOINTMENT OF HAROLD ECKER AS A PERMANENT HEAVY EQUIPMENT OPERATOR" AYES - Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) • 1 • • 4 • April 11, 1978 PARKS AND RECREATION 1. On motion of Councilman Powell, seconded by Councilman Peterson, a resolution was introduced "EMPLOYING THE BEACH PERSONNEL AND THE CONCESSION STAND ATTENDANTS FOR LILY LAKE PARK AND SETTING THEIR SALARIES" as recommended by the Recreation Commission. AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 2. Mr. Blekum informed the Council that the tree planting program should begin next week. 3. Mr. Blekum informed the Council that the Bow Hunters will use the Croix Center Parking lot for their Tuesday night meetings and they requested that they be permitted to use the building until 11:30 P. M. and there was no objection, but it was requested that they get out as soon after 11:00 P. M. as possible. 4. The St. Paul Motor Escort Club will be using Pioneer Park for their annual outing. 5. The Ice Arena is shutdown until the Hockey School is held in June. 6. Mr. Blekum stated that they are in the process of installing the horse- shoe courts on the former Bonse property which should finish off the whole facility. 7. As soon as the building is moved out to Croixwood he has the specs all set for the electrical and the fencing improvements for the Croixwood Seventh Addition Park. ADMINISTRATIVE No report CITY ATTORNEY'S REPORT Mr. Magnuson stated that the annexation hearing is tomorrow morning at 9 o'clock at the Courthouse. COUNCIL REQUEST ITEMS None QUESTIONS FROM PRESS REPRESENTATIVES None ORDINANCES Second Reading - Ordinance No. 561 - Providing a System of Numbering for Dwelling Homes, etc. First Reading - Amending Ordinance No. 473 - Amending the Fees for the Con- struction of Swimming Pools - An Ordinance of the City of Stillwater Relating to the Use and Enjoyment of Parks RESOLUTIONS The following resolutions were read and on roll call were unanimously adopted: 1. Directing the Payment of the Bills 2. Employing the Lifeguards and Concession Stand Attendants and Setting their Salaries. 3. Awarding the Contract for the Removal of Diseased Elm Trees - Milan Horak. 4. Employing Harold Ecker on a Permanent Basis as a Heavy Equipment Operator. 5. Pay Increases for Rod Hamble and Gary Fullerton 6. Approving Special Law - Chapter 504 - Joint Powers Committee ADJOURNMENT -On motion of Councilman Peterson, seconded by Councilman Mahoney, the meeting adjourned at 10:10 P. M. (all in favor) Attest: ,� _ ,e Jete +/ - l Acting eity Clerk Mayor • 1