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HomeMy WebLinkAbout1978-06-20 CC MIN• • • COUNCIL CHAMBER — Stillwater, Minnesota June 20, 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, Schnell. Present: Councilwoman Bodlovick, Councilmea Mahoney, Peterson, Powell and Mayor Junker Absent: None Also Present: Acting City Clerk, Schnell; City Attorney, Magnuson; Superinten- dent of Public Works, Shelton; Public Safety Director, Abrahamson; Director .,f Parks and Recreation, Blekum; Consulting Engineer, Newquist; Building Inspector, Niska. Press: Stillwater Evening Gazette -- Sharon Baker Citizens: Milo Horak, Dick Ulrich, Wilbert Monson, Ron Schoenborn, Larry Axdahl, Robert Sabes, Mr. &JMrs.Graydon Thompson INDIVIDUALS - DELEGATIONS - PETITIONS 1. MILAN HORAK, the City's Contractor for the removal of the diseased elm trees for 1978 appeared before the City Council regarding his billing to the City of Stillwater for dump fees for the disposal of these diseased elm trees. COUNCILMAN POWELL questioned if Mr. Horak incurred the full $1.75 everytime they drop a yard at this site and the City agreed to pay any charges that he would incur. MR. HORAK - when he appeared before the Council earlier the County was going to pick up that dump fee since the County did not wish to run it at $200 per yard and he agreed to do it for the $1.75 per yard. The average cost for the trees he is taking down now is running about $30.00 per tree. The headaches involved, the insurance, bonding and responsibility he felt that he was entitled to the $1.75 per yard for the fee. COUNCILWOMAN BODLOVICK inquired if anyone else is using this site and MR. HORAK stated that the County is coming in and a few individuals are coming in and they are paying the $1.75 per yard. He said that he was giving the City the best that he can. MAYOR JUNKER stated that the thing that bothers them is that it is County property and he is still charging the City for the service and MR. HOBAK stated that he can control the hours and the weight and it was going to be $2.00 per yard and the added convenience to him is to be able to haul into there after hours, on weekends, etc. COUNCILWOMAN BODLOVICK questioned if ther was a dumpkeeper who issues the tickets, but he stated that he tries to keep track of his own and he does not issue the slips to Mr. Horak's drivers. COUNCILMAN PETERSON said they were concerned about the initial bill which was for $2,900 and the Council did not know whether or not if there was any proof attached to same and the period of time that is covered. The Council concurred that there would be no choice in this matter and that they would have to pay these fees. 2. GRAYDON THOMPSON, 1316 South Everett Street, appeared before the City Council re- garding the problems that they are experiencing with the lift station at the foot of Orleans Street which caused them considerable problems on May 27, 1978. He had three requests - (1) their claims have been submitted; (2) correction action for the lift station and they would like to be updated on that matter; (3) when consideration is given to the updating of the pumps that an additional warning system be installed to alert someone of the problems. JACK SHELTON reported that he is recdwing quotes for the replacement of the pumps in this station and increasing the pumps from 150 gailons per minute to 200 or 250 gallons per minute and they will put a bubbler system in and eliminate the float system and he can also get quotes to tie this in with the fire station as they have three lift stations that are currently tied into that board. • • • • • June 20, 1978 Mr. Shelton further reported on the problems which occurred on May 27th in getting this problem relayed to him or George. He had checked out the tapes bgged at the County and they could find same there and they will continue to check this out. CHIEF ABRAHAMSON asked these people that report such problems that they get the name of the officer that is taking the call or the dispatcher and make a note of same and if it is a City employee something could be done about it. The Council agreed to have a special meeting to make a decision on these quotes for the updating of this lift station as soon as they are all received. 3. MRS. MARTIN HANSEN, 402 North Second Street, appeared before the City Council regarding the condition of the railings on the south end of Pioneer Park and that the Council had agreed a year ago that they would be repaired and to date nothing has been done. Discussion was held about the replacement of this fencing and the height that it should be and Mr. Shelton was directed to get quotes for the replacement of this fence. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Director of Public Works was directed to get quotes for a chain link fence and also on the existing type and that he reported back with these quotations at the next regular Council meeting which is July 11, 1978. (all in favor) 4. MR. JACK SAFAR was unable to appear before the City Council at this meeting as he is out of town - his office stated that they had sent a letter to the Acting City Clerk on this matter which was never received. Dave Magnuson, the City Attorney was directed to call Mr. Safar regarding the Hi -Rise and he was directed to setup a meeting with the Council on this matter. 5. On motion of Councilman Powell, seconded by Councilman Peterson, a resolution was introduced "ACCEPTING THE PETITION FOR THE GRADING OF A PART OF 63RD STREET" - - - -this will be included with the feasibility study for Local Improvement No. 157 for the Stillwater Industrial Park Improvements. AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS- -None (see resolutions) PUBLIC HEARINGS -- -This was the day and time for the public hearing on Local Improvement No. 159 for the Bituminous Mat for the Alley in Block 18. Notice of the hearing was published in the Stillwater Evening Gazette on June 6 and 13, 1978 and copies were mailed to all proposed benefited property owners. The Mayor opened the hearing. No one appeared in favor or in opposition of this proposed improvement. The Mayor closed the hearing On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, Mr. Shelton was authorized to contact Washington County to proceed with Local Improvement No. 159 for the bituminous matting for the alley in Block 18 in the Original Town of Stillwater. (all in favor) -- -This was the day and time for the public hearing on Case No.311 for a Special Use Permit for the SELAS CO. to change a clinic building to a ten office profession- al building at 305 South Greeley Street. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on June 9, 1978 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing MR. RON SCHOENBORN presented the plans for this change and also a future proposal for a second story to this building. The recommendations of the June 5, 1978 Planning Commission meeting were read at this time which passed unanimously No one appeared in favor or opposed to this request. The Mayor closed the hearing. 467 • ■ e • • 468 June 20, 1978 On motion of Councilwoman Bodlovick, seconded by Councilman Mahoney, the Council granted the Special Use Permit to the SELAS CO. to change a clinic building to a ten office professional building at 305 South Greeley Street with the following recommendations made by the Planning Commission: 1. SELAS Company will enter into a written agreement with the Nelson Dairy Store permitting SELAS to use Nelson's Parking Lot. 2. The building will be leased to non - retail operations only and will be limited to ten professional offices. 3. SELAS Company will reappear before the Planning Commission and the City Council when it is decided to add a second story to the building. (all in favor) UNFINISHED BUSINESS 1. VARIANCES FROM THE BUILDING CODES FOR THE FREIGHTHOUSE PUB (see memo from John Lawson detailing these variances - dated June 15, 1978) RON NISKA indicated that there are two other variances which should be taken into consideration -- (1) they are not providing access for the handicapped as required from the basement; (2) the exterior wood deck is required to be non - combustible which they are putting on the east 50 feet of the property line which will be constructed out of heavy timbers. MAYOR JUNKER asked if there would be any problems with the granting of these variances and MR. NISKA stated that we are getting some equivalencies - some additional protection that is not required by the Building Code. They are going to tie in an alamisystem with the Fire Department and additional exits and they also have a sprinkler system. Discuss ion was held regarding the variances for the handicapped and it was brought out that they have granted these variances in the past where they were impossible to be put in because of the nature of these old buildings. The Planning Commission approved these without the ten foot sidewalk. MR. ROBERT SABES asked if Mr. Samuelson had submitted a formal request for the side- walk and they were considering a five foot sidewalk and eliminate some of the land- scaping which would probably be more practicable. COUNCILMAN PETERSON asked if they had a designated loading area for that building and MR. SABES said that the service door is on the Water Street side of the building or the west side and COUNCILMAN PETERSON added that this would complicate the already problems that they currently have in that area with the trucks and the traffic - asked if there was anyway they could load on the other side or either end and MR. SABES said it would not be feasible with their design - the deck takes up the east side and they want to reserve it for the deck and the access to Lowell Park and there will be landscaping there - the one end is an entrance to the restaurant and the other end is the entrance to the shopping area. COUNCILMAN POWELL asked if they could not park in the parking lot and then unload from there - and /or that the trucks be asked to make all deliveries before ten o'clock in the morning. COUNCILMAN PETERSON stated that there is a lot of thru traffic in this alley and if there was another way available for the Friehgthouse to load and unload it would help this overcrowded situation. MR. SABES stated that they had just received then quotes on the sidewalks and this would be something that would come at some time in the future. COUNCILMAN POWELL asked if they could possibly put in a sidewalk on the east side of the building and MR. SABES stated that could be done - they felt that the walk on the Water Street side would just improve the pedestrian idea of Water Street but that might be a mistake. RON NISKA stated that the service entrance serves a dual purpose - that is one of the required exits from the basement area and often times such service entrances become blocked and obstructed that there would be a lot of stuff piled up in that area. He preferred that this be left as an exit from the basement. MR. SAGES assured the Council that they would not be storing anything in this area and COUNCILMAN POWELL told Mr. Niska if he is concerned that they could make regular inspections. On motion of Councilman Mahoney, seconded by Councilman Powell, the Council granted the three variances requested in Mr. Lawson's letter and also the variance for the handicapped and the wood construction for the deck. (no action on the sidewalk - all in favor) • • • • June 20, 1978 Variance No. 1 is from the UBC Table 5 -B r— Variance No. 2 is from the UBC - Section 1703 Variance No. 3 is from the UBC Table 5 -B Variance No. 4 is from the UBC - 5502 (d) Variance No. 5 is from the UBS - Section 1710 Variance also be granted from the flood plain provisions MR. SABES stated that they would like to open for Lumberjack Days on the deck - have beverage service that would be ready at that time and wondered if this would be a temporary occupany permit and he was directed to check this with the City Attorney. 2. On motion of Councilman Peterson, seconded by Councilman Mahoney, the City Attorney was directed to contact Mr. Thomas Brennan as to the action that he should take regarding the access road to his proposed plat north of Willow Street. (all in favor) 3. On motion of Councilman Mahoney, seconded by Councilman Powell, the Council awarded the bid for the Sealcoating to Allied Blacktopping Co. at the reduced total of $30,357.00 which is to take care of about one -half of the total proposed project and the Mayor and the Acting City Clerk were directed to sign said contract. (all in favor) 4. On motion of Councilman Peterson, seconded by Councilman Powell, the Clerk made the second reading of an ordinance entitled "AN ORDINANCE AMENDING ORDINANCE NO. 163: AN ORDINANCE VACATING A PORTION OF OWENS P ,. STREET ". (Ordinance No. 564) The ordinance was read section by section followed by roll call after each section and all members of the Council voted in the affirmative. The chair then put the question, "Shall this ordinance pass?" and on roll call the ordinance was unanimously adopted. NEW BUSINESS 1. On motion of Councilman Mahoney, seconded by Councilman Powell, the Council granted a Beer Permit to the Penney Co. of Sun Ray for their company picnic at Pioneer Park, August 27, 1978 from noon to 8:00 P. M. (all in favor) 2. On motion of Councilman Powell, seconded by Councilman Peterson, the Council granted a Beer Permit to the Eagles Girls Softball Tournament at Lily Lake Park for July 28- 29 -30, 1978. (all in favor) 3. Discussion was held regarding the traffic problems on South Main Street especially when the Andersen Corporation employees come through Stillwater and the Council asked that the Police Department have a squad car at the south end of Stillwater at this particular time of the day to control this traffic. Discussion was also held on the matter of the renewal of the lease for the St. Croix Barge Terminal which will expire in September of this year. On motion of Councilman Powell, seconded by Councilman Peterson, the Mayor and theActing City Clerk were directed to contact Frank Aiple to set up a meeting and let the Council know - if possible a date in July as it will possibly take more than one meeting. (all in favor) WILBERT MONSON, 105 East Wilkins Street, is very much concerned with the traffic on South Main Street and also the many problems that they are having at the St. Croix Boom Co. and asked that the City supply him with some eliminate the at this and CHIEF AB costing the City of to will take care of this. The Mayor declared a recess from 8:35 to 8:50 P. M. 4. On resolution was Mahoney, Councilwoman Bodlovick a BILLS". AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 5. On motion of July 11, 1978 at 7:30 M. was y for the following Planning the Planning date Commission cases: Case No. 330 -- Swager Bros. - variances for a lot on North Third Street Case No. 331- -Dave Linguist - move house into Stillwater - 616 West Olive St. Case No. 325 - -Dick McCarthy, 1007 South Sixth Street - variance for a garage Case No. 327 - -Dave Glas, 2636 Fairlawn Drive - variance for a deck Case No. 328 - -Dick Slachta, 223 S. Main St. - Special Use Permit for a dwelling unit above the St. Croix Outfitters (continued on page 470) • 469 • 4 • • '470 June 20, 1978 Case No. 329 - -Lind Shoe Co., North Main Street - Special Use Permit for a varehouse addition Case No. 324 -- Swager Bros. was set but the Acting City Clerk was informed on June 21, 1978 that they will not be ready for same for sometime. (all in favor) INDIVIDUALS- DELEGATIONS - continued None at this point in the meeting. APPLICATIONS On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the following Contractor's Licenses were granted: (The application for Gerald Cook, 1904 North Fifth Street was denied). C. D. Cady Construction Co. Renewal 1633 E. Old Shakopee Road, Bloomington General Great Western Garages - Charles A. Shogren General New 761 Case Ave., St. Paul 55106 Simon 0. Johnson New 5725 Oakgreen Ave. N., Stillwater Masonry & Brick Work Melvin J. Kittelson General New 9311 Norell Ave. N., Stillwater Walter LaRoche & Dewey Dau General Renewal 14760 Scandia Tr. N., Scandia 55073 LeRoux Excavating, Inc. New 5514 Otter Lake Rd., White Bear Lake 55110 Excavators Thomas Melling Excavating, Inc. New 4656 Sumter Ave. N., Minneapolis 55428 Excavators Midwest Fence Co. Renewal 525 East Villaume, South St. Paul, Mn. 55075 Fencing J. L. & Allen Peterson, dba Peterson Construction New R. #2, New Richmond, Wisconsin 54017 Roofing & Siding Pyramid' Contracting, Inc. New 3153 - 216th Ave. N. W., Cedar Mn 55011 Excavators Nieman Roofing Company, Inc. Roofing Renewal New Prague, Mn. 56071 Custom Drywall 321 Burgess St., St. Paul, Mn. 55117 Plastering, Stucco Work Renewal Frogner & Smith 5350 Otter Lake Rd., White Bear Lake, Mn. 55110 Masonry & Brick Work New Michael J. Raleigh Trucking General Renewal P. 0. Box 261, Stillwater 55082 - --On motion of Councilman Petersen, seconded by Councilman Powell, the City Attorney was directed to contact Gerald Cook regarding his application for a contractor's license and ask for a hearing on July 11, 1978 and until that time he is to suspend all work. (all in favor) - --On motion of Councilman P well, seconded by Councilwoman Bodlovick, a Cigarette License was granted to Jonn Ogren - Croix Oil Co., 103 North Main Street for 1978. (all in favor) COMMUNICATIONS From the Metro Council regarding Major River Crossings Task Force and requesting comments to develop a priority listing for funding the construction and reconstruc- tion of river bridges in the Metro area. The Council directed that Jack, Wally and the Mayor send such written comments stating the problems in the Downtown Stillwater area - they also asked Mr. Hahn to have the Retail Council send in their comments. • • June 20, 1978 471 • CITY COORDINATOR'S REPORT 1. The Acting City Clerk asked Mr. Shelton to explain the bill from the Minnesota Department of Transportation for the balance due on the matting on Main Street. The total amount due is $717.32 of which $268.00 was mobility charge for the materials and the balance was the City's costs for the engineering for this project - these charges are made in compliance with Agreement No. 58271. This will was added to the Resolution "Directing the Payment of the Bills ". 2. On motion of Councilman Peterson, seconded by Councilman Mahoney, the following claims which were received from residents on South Everett Street were authorized to be sent to the McGarry- Kearney Insurance Agency - (failure of the lift station on South Everett and Orleans Street on May 27 -28, 1978). Graydon Thompsor - 1316 South Everett Street Darwin B. Pherson, 817 Everett Drive Dennis J. Sullivan - 1315 South Everett St. (all in favor) MOM 3. The Acting City Clerk informed the City Council that she had received the billing from Stillwater Township for the properties in the Joint Powers area for which we have to make payment of real estate taxes - this billing has been turned over to the City Attorney for clarification before payment is made. CONSULTING ENGINEER'S REPORT Mr. Leonard Newquist made an oral report on the studies made on the wall cave - in at the Olive Street Parking Lot (Auditorium Lot) He cited the following estimates - GL) poured concrete wall, restoration of the street and side walk - $87,800; (2) sheet- piling type wall - $59,000; (3) concrete crib type retaining wall - $68,000; (4) billing in the embank- ment with an engineered type material compacted as it is filled in - $12,500. All of these would include some type of fence on the top of the wall - a chain link fence or something of that order. On the steel type and the concrete crib wall and the filled slope, there would be a bumper type barrier that would prevent this from going down the slope. On the filled method the City would lose 15 or 18 parking stalls in the parking lot. (This would be on the south side and the ones in the turn - around at the southwest corner). Mr. Shelton stated that they plan to put a berm on the top of the Fill at Third Street which should control the water that gets to that area - and keep it off Northwestern Bell property. Mr. Newquist will get some more figures and bring a more refined report later. COMMITTEE REPORTS PUBLIC SAFETY 1. Chief Abrahamson reported that they have two boys attending the Legion - villeCamp and the City's part of that would be $35.00. On motion of Councilman Powell, seconded by Councilman Peterson, the Council authorized the expenditure of $35.00 to the American Legion Club for the boys at the Legionville Camp which monies is tc come out of the Police Department Budget. (all in favor) 2. Chief Abrahamson informed the City Council that the Fire Department will be burning down the house on the Emerson property on Stillwater Blvd. (County Road No. 5) on July 15 -16, 1978. PUBLIC WORKS 1. On motion of Councilwoman Bodlovick, seconded by Councilman Peterson, the Council authorized the purchase of a used grader for $3,000 from the Wat Surplus Center at New Brighton. (all in favor) PARKS AND RECREATION 1. Mr. Blekum reported on the quotations that he had received for the electrical work to be done at the Croixwood 7th Addition Park - he sent specs to four firms and the only bid that he has received is from Linner Electrical for $2,8.00. for bids for this work. he fact that this is over $10,000 it will be necessary to advertise He will also get quotes for the bituminous surfacing and the fencing for this park. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Council authorized Mr. Biekum to work with the Consulting Engineer 1 4 • • to work on the preparation of the bids for the Croixwood Seventh Addition park for the electrical, bituminous and fencing proposals. (all in favor) 2. Mr. Blekum informed the Council that Mr. & Mrs. Merrill Knapp have donated two pieces of equipment for Washington Park - two spring type animals - the cost of which are $93.00 each installed. On motion of Councilman Peterson, seconded by Councilman Powell, the Mayor was directed to send a letter of thanks to Mr. & Mrs. Merrill Knapp, thanking them for their generosity to the City. (all in favor) 3. COUNCILMAN PETERSON asked Mr. Blekum about the lights at the tennis courts at the Lily Lake Park and he was informed that Mr. Greeder has the lights and will put same in as soon as the wind goes down so that they can be installed. CITY ATTORNEY'S REPORT None COUNCIL REQUEST ITEMS 1. COUNCILWOMAN BODLOVICK asked to be excused from the next regular Council meeting on July 11, 1978 as she will be out of town. QUESTIONS FROM PRESS REPRESENTATIVES None June 20, 1978 ORDINANCES Second Reading - Ordinance No. 564 - 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. Accepgthe Petition for the Grading of 63rd Street - Stillwater Industrial Park (Add to L. I. No. 158) ADJOURNMENT On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the meeting adjourned at 9:20 P. M. Attest: ,4 .F .Aew✓ - - AcC'ing City Clerk Mayor •