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HomeMy WebLinkAbout1978-06-06 CC MIN• all • • INDIVIDUALS - DELEGATIONS GARY HUDSON, 410 South Hemlock Street, appeared before the City Council request- ing a Beer Permit for the First National Bank Softball Team for Lily Lake Park for June 30 and July 1 and 2, 1978. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Council granted a 3.2 Beer Permit to the First National Bank Softball Team for Lily Lake Park for June 30 and July 1 and 2, 1978 subject to all the provisions setforth for same. (all in favor) PUBLIC HEARING -- -This was the day and time for the public hearing on Case No. 323 for a variance for Robert Matthews, 3041 Marine Circle to construct a storage addition to his dwelling. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on May 24, 1978 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. MR. MATTHEWS was in attendance and showed his plans to the City Council - no one appeared opposed or in favor of this request. The Mayor closed the hearing. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Council followed the recommendation of the Planning Commission and granted the one foot ten inch variance to construct a ten foot by 27 foot storage addition to the southeast end of his dwelling. (all in favor) COUNCIL CHAMBER Stillwater, Minnesota June 6, 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, Coujcilmen Mahoney, Peterson, Powell and President Junker Absent: None Also Present: Acting City Clerk, Schnell; City Attorney, Magnuson, Super- intendent of Public Works, Shelton; Public Safety Director, Abrahamson, Director of Parks and Recreation, Blekum; Con- sulting Engineer, Elliott; Chariman of the Planning Commission, Zoller; Assistant Building Inspector, Niska Press: Stillwater Evening Gazette - Bob Liberty White Bear Free Press - Kevin Regan Citizens: PETITIONS None Chuck Winden,Andy Holdorph, Robert Matthews, James Eitter, Signe Cowen, Charles Pozzini, Richard Anderson, Steve Sweetland, Judy Mullenbach, S. J. Jordan UNFINISHED BUSINESS 1. On motion of Councilman Peterson, seconded by Councilman Powell, the Council followed the recommendation of Mr. Elliott that the utility project for Nightingale Blvd., be included with the next project and that the City Attorney contact the Attorney for Stillwater Township requesting their receiving of assessments for a portion of this project which would be in the Township and remitting same to the City and that the necessary hearings would be held. (all in favor) 459. • • • June 6, 1978 2. On motion of Councilnan Powell, seconded by Councilman Mahoney, a resolution was introduced "APPOINTING RONALD NISKA AS BUILDING INSPECTOR effective August 1, 1978" to replace John Lawson who is retiring, subject to the regular probation period of the City's Personnel Policy . AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see res olutions) 3. On motion of Councilman Peterson, seconded by Councilnan Powell, a resolution was introduced "EMPLOYING JOHN LAWSON AS A PART -TIME METER REPAIRMAN AS OF SEPTEMBER 1, 1978 AT $4.00 PER HOUR AND NOT EXCEEDING MORE THAN 62' HOURS PER MONTH ". AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 4. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Acting City Clerk was instructed to contact Mr. Safar of Dominium asking him to appear at the next reg ular Council meeting to explain the delays and the proposed cuts in the building. (all in favor - see memo from John Lawson dated May 22, 1978). 5. On motion of Councilman Mahoney, seconded by Councilman Powell, a resolution was introduced "APPOINTING BRUCE KLOSOWSKY AS PERMANENT JUVENILE LAISION OFFICER AS OF JANUARY 1, 1978 ". AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 6. RELIANCE DEVELOPMENT PRELIMINARY PLAT MRS. SIGNE COWEN, 202 Crestwood Terrace, reviewed the property that is being proposed to be developed and that the first proposal was for 144 townhouses - 72 of them were routed out of one access to County 12, the other 72 have gone out on Crestwood Terrace. The next proposal is the one that is before the Council at this time The Planning Comission was not happy with this and the developer came back with a proposal to get an outlet to County 12 and the additional lots which was turned down by the Planning Commission. The residents in the area are not happy with this since it would put the traffic onto streets in the existing area which were not designed for this. Their petition was that they provide a direct access to County 12 so that there _'would be an outlet for some of the traffic including fire and police. Some of the residents had discussed this natter with the developer after the last meeting and she requested that the Council include an access to County 12 from and out of Bayberry and not including any more houses in the proposal that they accept. JACK SHELTON gave the following traffic counts: 668 cars in 24 hours on Maryknoll; 716 at Fifth and Laurel; 703 at Pine and Third; 629 at Sixth Avenue and Orleans;Mulberry and Fourth was 805; Wilkins and Owens was 857. COUNCILMAN POWELL felt that Maryknoll was not designed for that kind of traffic when Fairmeadows was developed, it was put in for aethestics and not for an arterial street and it is not designed for that. COUNCILMAN PETERSON stated that Maryknoll was built as a seven ton axle street the same as our other streets that are residential no matter where they are located. JUDY MULLENBACH, 304 Maryknoll Drive, asked if by this seven ton axle does this mean the weight of the vehicles that can drive over the street or the amount of traffic that can go up that street. MR. ELLIOTT stated that this street was built for up to 2,000 cars per day and he further stated that the majority of the streets in this area are 32 feet wide which gives one parking lane and two driving lanes and there is no restriction of parking on one side or the other. MAYOR JUNKER felt that the question was whether Reliance would be willing to put an outroad to County 12 from Bayberry and MR. HOLDORPH stated that it would be con- tingent on their being able to put it in off Bayberry. On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, the Council approved the preliminary plat subject to exiting from Bayberry onto the new County Road 12 thru Lot 9. STEVE SWEETLAND, 214 Maryknoll Drive, asked that the access from this proposed development be detailed and COUNCILMAN MAHONEY stated that there would be access to Crestwood Terrace, from Interlachen Drive, access onto to Maryknoll from Crest- wood, there would be an access onto Maryknoll from Bayberry and there would be an access onto County 12 from Bayberry. • • • • • n June 6, 1978 MRS. COWEN asked that the motion include that they not add any lots to the proposed development and COUNCILMAN MAHONEY stated that they might be back to put in a lot behind 8 to replace 9 which has to be removed for the access road. S. J. JORDAN asked why notices were not amiled for this meeting and he was notified that this was not a public hearing and at the last meeting the residents were told this would be on the agenda for this evening. Bid No. 2 VOTE ON THE MOTION - all in favor NEW BUSINESS 1. On motion of Councilman Peterson, seconded by Councilman Powell, the date of June 20, 1978 at 7:30 P. M. was set for the public hearing on Case no. 311 for a Special Use Permit for the Selas Company to convert a clinic building at 305 South Greeley Street into ten offices of a professional nature. (all in favor) 2. Discussion was held regarding a possible land exchange for the dumpsite property which the school district is interested in, and also having the property appraised. MR. SHELTON stated that this property is used for snow storage and other uses. On motion of Councilman Powell, seconded by Councilman Peterson, the Council directed that a letter be sent to the School Board indicating our unwillingness to sell the property without some kind of a trade and perhaps even sitting down with them discussing the whole problem so that they can understand our position and we can better understand their position - at least we should be gentlemanly enough to face the problem and find out just what the situation is. (all in favor) 3. On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, a resolution was introduced "EMPLOYING JEFFREY JUNKER AS A PERMANENT JUNIOR SEWER MAINTENANCE MAN ". AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell NAYS -- none ABSTAINED - Mayor Junker (see resolutions) 4. 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. 163; AN ORDINANCE VACATING A PORTION OF OWENS STREET ". (all in favor) 5. On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, the Council granted a Beer Permit to the Elks Club for a picnic at Pioneer Park, Saturday, June 24, 1978. (all in favor) 6. On motion of Councilwoman Bodlovick, seconded by Councilman Mahoney, the Council granted a 3.2 Beer Permit to the B. W. Harris Co. for Pioneer Park for June 30, 1978 from 4:00 to 7:00 P. M. (all in favor) 7. On motion of Councilwoman Bodlovick, seconded by Councilman Mahoney, a resolution was introduced "EMPLOYING DAVID ROETTGER AS A COMMUNITY SERVICE OFFICER IN THE POLICE RESERVE EFFECTIVE may 26, 1978" AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 8. On motion of Councilman Mahoney, seconded by Councilman Peterson, a resolution was introduced "DIRECTING THE PAYMENT OF THE BILLS ". AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 9. The following bids for Local Improvement No. 158 for Sealcoating were opened at 3:00 P. M. by the Acting City Clerk, the Superintendent of Public Works and Mayor Junker: Bid No. 1 Batzer Construction Co. Royalton, Mn. 55373 Bid Bond Total Bid $57,937.50 Allied Blacktop Co. 3601 - 48th Ave. No. Minneapolis Bid Bond Total Bid $55,600.00 461'• • 1 r • - 462 • • June 6, 1978 On motion of Councilman Powell, seconded by Councilman Peterson, Mr. Shelton was directed to .contact Allied Blacktop Co., Minneapolis the low bidder to see if he would be willing to cut down the quantities and negotiate prices so that this project can be constructed within the $30,000 which has been budgeted for this year. (all in favor) THE MAYOR DECLARED A RECESS FROM 8:30 TO 8:40 P. M. INDIVIDUALS AND DELEGATIONS - continued RICHARD ANDERSON, 306 West Olive Street, appeared before the City Council asking them to make a decision on the garbage pickup at his house. In the past he has paid Junker Sanitation $9.00 per month and the City of Stillwater $4.00 per month for a total of $13.00 per month. June 1st he received a bill from Junker Sanitation stating that as of March 1, 1978 the new rate is $23.00 per month and then $4.00 to the City of Stillwater. Currently he is not getting pickup from Junker. He has a family of seven and there are seven foster children living in his home. DAVID MAGNUSON stated that what Dick has is an unusual situation and is not provided for in the ordinance and the Council will have to make a determination as to what he is doing is Commercial; that is the renting of space to foster children and providing space and treatment for them, if that is a Commercial business - if that is, that part can be treated as a business and be charged a commercial rate. If the Council determines that it is not a Commercial business - it more on the other of a multiple family setup, then he has to be treated as a multiple family. COUNCILMAN PETERSON stated that if this is a foster home, then it should be treated as a home. On motion of Councilman Mahoney, seconded by Councilman Peterson, the Council designated the Anderson Group Home at 306 West Olive Street as a three -plex with a maximum of eight cans (all in favor - Mayor Junker abstained) On motion of Councilman. Peterson, seconded by Councilwoman Bodlovick, the Acting City Clerk was directed to investigate the other group homes that ate operating in the City as to the number of foster children and the rates that they are paying. (all in favor) APPLICATIONS On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the following Contractor's Licenses were approved: (all in favor) Nordquist Sign Co. 312 West Lake, Minneapolis 55408 Sign Erection New Schwartz Construction Co. 1225 South Fourth St., Stillwater General New Dave Bell Masonry R. #)1, Box 115 -A, Stillwater Masonry & Brick Work Renewal COMMUNICATIONS From Independent School District No. 834 Special Meeting for Tuesday, June 20, 1978 at 7:30 P. M. with the governmental agencies in the area. On motion of Councilman Peterson, seconded by Councilman Powell, the Acting City Clerk was directed to send a letter to the Independent School District No. 834 informating them the City of Stillwater is unable to send a delegate to this meeting since this is the night of a regularly scheduled City Council meeting. (all in favor) From the League of Minnesota Cities regarding Energy Specialist on the Board. (no action) From the St. Croix Rivermen Drum & Bugle Corps soliciting $1,500 for their Drum and Bugle Corps. On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, the Council authorized the expenditure of $1,500 to the St. Croix Rivermen Drum and Bugle Corps subject to funds being available in the Band Fund for 1978. (all in favor) • • • • • • P" CITY COORDINATOR'S REPORT ti June 6, 1978 PUBLIC WORKS 1. Mr. Shelton reported to the Council that Mr. Horak is now running the County dumpsite for the diseased trees and he has turned in a bill to the City of Stillwater for the sum of $2,900 for dumping at his own dump and he asked if the City is going to reimburse him as the Council agreed to pay him for any drop charges he would have to pay to the County. Shelton and Mr. Magnuson will meet with Mr. Horak to resolve this ma'. cer, as the situation has changed. 2. OLs motion of Councilman Powell, seconded by Councilwoman Bodlovick, Mr. Shelton and Mr. Magnuson were directed to meet with Mrs. Schiefelbein regarding the right -of -way which she has requested that the City build. (all in favor) 3. Mr. Shelton reported to the City Council the matter of the wall cave -in on Olive Street by the City Parking Lot and asked the Council if he should go in and clean it up and recommended that Duane take a look at it and come back with some kind of a recommendation. On motion of Councilman Powell, seconded by Councilman Mahoney, the Council directed Duane Elliott to chek out this wall and come back with a recommendation of estimated costs and then the City can advertise for bids in the regular manner. (all in favor) 4. On motion of Councilman Mahoney, seconded by Councilman Peterson, Mr. Shelton or Mr. Magnuson was directed to send a letter to the owner of the property at Lot 19, Block 4 of Bergen's Forest Hills Addition that this lot be graded and do whatever has to be done to hold the dirt to keep it out of the street and prevent further erosion within 30 days. (The owner of the property is Ed Seekel) (all in favor) 1. On motion of Councilman Mahoney, seconded by Councilman Powell, the Council accepted the proposal from Hoffman Refrigeration and Heating Service for the replacement of the North compressor located on the roof of the Fire Hall. (all in favor) 2. The Acting City Clerk brought up the matter of the City offices being closed on July 3rd prior to July 4th and she was directed to follow the Union Contacts on this matter. CONSULTING ENGINEER'S REPORT 1. Mr. Elliott reported that the patching work on Greeley Street will be completed this week where the utilities are being put in. Paving by the bank will be done by Thursday of this week and the following week the north /south street by Press On, the curb will go in. 2. He wanted the Council to be aware of the request by the Planning Department of Washington County relative to the Joint Powers Committee conducting public hearings on the Stillwater Industrial Park which relates to Stage 2 which the City is currently working and which is feasible and the matter of drainage is something that will be coming up shortly and he had previously talked to the Council about taxing drainage districts - he will supply Dave with the district to be served which takes in part of Baytown Township. MR. MAGNUSON stated that he had mentioned this to them and they stated that as soon as Mr. Elliott had the map prepared they would take a look at it. COMMITTEE REPORTS PUBLIC SAFETY 1. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Counqil accepted the resignation of Robert Daniels from the Police Reserve and chat a letter be sent accepting his resignation. (All in favor - effective March 2, 1978) 2. On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, a introduced resolution was THE STILLWATER POLICERESERVE EFFECTIVEAJUNEJO, JOSEPH AS A MEMBER OF 78 AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 463`, 4 • • 464 June 6, 1978 3. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Council authorized Luana Kuehn to be a part -time meter maid to write over- time parking tickets with no increase in compensation or change in classi- fication in the Union Contract. (all in favor) 4. On motion of Councilwoman Bodlovick, seconded by Councilman Mahoney, the Council authorized the attendance of David Chial at the Management Over- view for Fire Officers to be held at the Holiday Inn - St. Paul North on July 27 -29, 1978 and that he give up the League meeting for this special meeting. (all in favor) PAKRS AND RECREATION 1. Mr. Blekum reported that the turf had been put on the Croixwood Park and the rains came and the contractor will come back to replace same for nothing. He further reported that this park will be regraded with a berm so that it won't wash out again. The building out there finally has a foundation under it. Pete Miller is going to put in the hydrant out there and NSP will be in to put in the power. He asked about the monies from the Margaret Rivers Foundation for the tennis courts. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Acting City Clerk was directed to write another letter to the Margaret Rivers Foundation requesting a reply as soon as possible since we are getting to the point where we have to know in order to complete construction of this park this year. (all in favor) Mr. Blekum was directed to obtain quotes for the completion of the park since there are monies available for this work. 2. Mr. Blekum reported that they are making ice for the hockey school which will open on Saturday, they are mowing the grass, they are planting trees, the beach will be opening and men are going on vacation. CITY ATTORNEY'S REPORT 1. Mr. Magnuson reminded the Council members of the Annexation Hearing which will be held at the Washington County Courthouse on Wednesday, June 14th at 9:00 A. M. and he will contact those who will have to testify at this hearing 2. On motion of Councilman Mahoney, seconded by Councilman Peterson, a resolution was introduced "DESIGNATING PARK PROPERTY (Mulberry Ravine)" in connection with Ordinance No. 563 ". AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 3. Mr. Magnuson reported that Graydon Thompson and his neighbors on Everett Street and Everett Drive have been flooded out with sewage - they requested that some action be taken on this matter. Mr. Shelton stated that they were informed and the problem was found when they checked the lift station on Sunday morning and COUNCILWOMAN BODLOVICK disagreed with this statemnet as she heard the Police looking for George Diethert. She further states that Jeff Junker had been notified of the problem. Mr. Shelton stated this was not logged through the Stillwater Police Department, so it must have been through the Sheriff's office. MR. SHELTON was directed to get quotes for the updating of the Orleans Street Lift Station as regards the pump and floats. 4. Mr. Magnuson reported that according to the Nuisance Ordinance a property owner has 30 days to fix a wall that has fallen down and if he does not comply within thirty days, the officers notify the Council that it be abated - the Council can have it abated by ordering the work done and assess the cost to the property owner. The Council has to designate an officer to be charge of enforcement of the Nuisance Ordinance and felt that this should be Mr. Shelton. This would apply to the nuisance caused by the lot in Forest Hills. On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, Jack Shelton and Ron Niska were appointed officers under the Nuisance Ordinance for the inspection of walls and lots that are in violation of this ordinance. (all in favor) • • • • • June 6, 1978 APPROVAL OF MINUTES On motion of Councilwoman Bodlovick, seconded by Councilman Mahoney, minutes of the following meetings were approved: April 25, 1978 May 1, 1978 May 3, 1978 May 9, 1978 May 23, 1978 COUNCIL REQUEST ITEMS None (all in favor) QUESTIONS FROM PRESS REPRESENTATIVES None ORDINANCES First Reading - An Ordinance Amending Ordinance No. 163: An Ordinance Vacating a Portion of Owens Street. RESOLUTIONS The following resolutions were read and on roll call were unanimously adopted: 1. Directing the Payment of the Bills. 2. Appointing Ronald Niska - Building Inspector - effective August 1, 1978 3. Employing John Lawson - Part -time Meter Repairman - effective September 1, 1978 4. Appointing Bruce Klosowsky as Permanent Juvenile Laision Officer as January 1, 1978. 5. Employing Jeffrey Junker as a Permanent Jr. Sewer Maintenance Man. 6. Employing David Roettger as a Community Service Officer - Police Reserve. 7. Employing Charles Joseph Jakosa - Police Reserve Officer 8. Designating Park Property (Mulberry Ravine) ADJOURNMENT On motion of Councilman Peterson, seconded by Councilman Powell, the meeting adjourned at 9.40 P. M. Attest: J • a:e e '� Acting City Clerk Regular Meeting Special Meeting Special Meeting Regular Meeting Regular Meeting 7:30 P. M. 7:00 P. M. 6:30 P. M. 7:30 P. M. 7:30 P. M. Mayor 465) • •