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HomeMy WebLinkAbout1978-07-11 CC MIN• • COUNCIL CHAMBERS Stillwater, Minnesota July 11, 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: Councilmen Mahoney, Peterson, Powell and President Junker Absent: Councilwoman Bodlovick Also Present: Acting City Clerk, Schnell; City Attorney, Magnuson, Superin- tendent of Public Works, Shelton, Public Safety Director, Abraham- son; Director of Parks rsdand Recreation, NBiekum; Consulting Engineer, Elliott, Building Inspector, Press: Stillwater Gazette, Bob Liberty and Sharon Baker ,a° White Bear Free Pre.. - .s - Kevin Regan Citizens: Wayne Wo a s, Mr. & Mrs. Bill Hahn, Brooks Thompson, Bob Thompson, Monty Bic , Steve Klein, Mr. & Mrs. James Junker, Al Obermann, Bill Lecuyer, Wilbert Munson, Mrs. Tom Phillips, Charles Hooley, Joanne Schmit,Leighton Johnson, Dave Linguist, Mike McGuire, Jerry Perkl, Rudolph Johnson, Dennis Sullivan, Gary Swager, Daniel Nitz, Jack Safar and his architect, Mr. & Mrs. John Welshons, Mr. & M James McKinney, Dr. Duane Nelson, Andy Ulrich, Harold Mr. & Mrs. Kenneth White, J. L. Pederson, Dick Slactha INDIVIDUALS - DELEGATIONS 1. WAYNE WOHLERS of Kinsel's Liquor Store appeared before the City Council requesting permission to remain open until 10:00 o'clock P. M. on Mondays thru Saturdays. to The Statute eorhtheydcould amend their Council could grant a variance their ordinance On motion of Councilman Peterson, seconded by Councilman Powell, the Council granted avariance to the Kinsel Liquor Store to allow them to remain open until 10:00 P. M. Mondays - Saturdays effective August 1, 1978. (all in favor) 2. MR. STEVE KLEIN, 319 Northland Avenue, appeared before the City Council regarding his water problems on his property and that he had lost the sale of his house twce he clean it water furniturecthatdhassbeen five and also carpeting. MR. ELLIOTT spoke to the problem and stated that he would have to do an on -site inspection before he could recommend a solution to the problem and felt that possibly the area could be served by the existing outlets that were installed. Mention was made of other homes that are being affected and the Council directed that Mr. Shelton and Mr. Elliott look at the problem and report back to the Council their findings. Mr. Klein further stated that his real estate agent has lost faith in him and feels that he is selling his home because of the water problems and that is not the reason. He has the immediate problem now and all of his neighbors thelexpensetofhcleaningoupghis yard and would problems too - ikesomeaction gone thru taken soon. 3. BILL LECUYER appeared before tine City Council asking for a waiver from frontage on a public street for a building permit on a three acre building site. DAVE MAGNUSON stated that the Sub - Division Ordinance provides that no building permit be issued for any dwelling unless it has 300 feet on a public street as that is the building setback line. On motion of Councilman Peterson, seconded by Councilnan Mahoney, the Council granted a waiver for the required frontage on a public street for a parcel of land containing 3,032 acres (Part of the NWT, of the NEy, Section 29, T30N, R20W) owned by Bill Lecuyer to allow the issuance of a building permit subject to a satisfactory percolation test for a septic tank. (all in favor) 470 • • • • 4_'74 July 11, 1978 4. JACK SAFAR AND HIS ACHITECT DAN AVCHEN appeared before the City Council to answer any questions that have come up during the development of this property. within a week or two they should be able to go ahead with the project and they will acquire the required land and hope to be ready to go August 1st. He stated that he water problems have been resolved and another problem came up with Minnesota Finance Agency with internal problems. COUNCILMAN POWELL stated that a rumor got to him that when they did the soil testings that it would be impossible to build on this location and the extra financing that would be needed would be in excess of the cost figures. JACK SAFAR stated that if they were being financed through HUD this would have been a serious problem but since they are working with the Minnesota Finance Agency, it operates under a different set of rules and since the site was ideal and the best economically for this type of housing. The following addendums to the original plan were discussed at this time. 1. Roof drainages have been changed from inside drains to an outside system of open drains. 2. Air conditioning - there never was air conditioning for this building - there are only air conditioning sleeves and the residents provide their own air conditioning units. 3. Four Type L- two bedroom apartments will be converted into one - bedroom apart- ments - same number of total units but decreased the number of two bedroom units by four or five and the total number of units remain the same. This was done according to Minnesota Finance Regulations. 4. Brick retaining wall eliminated - as the emergency system has been moved inside the building. 5. The wall on the southwest corner was eliminated which was to be poured concrete which was quite expensive. 6. Removal of the filling station - this will be done by the City to incorporate this in with the landscaping for the site - no real concern. 7. Patio doors reduced to 6 feet by 6 feet doors - no immediate concern. (This was more economical and more energy efficient). COUNCILMAN POWELL suggested that Ron Niska and the representatives from Dominium go through the complete addendum and report back to the Council when this has been completed within the next couple of weeks. 5. MONTY BRINE of the Downtown Retail Council appeared before the City Council regarding a possible course of action on the Erickson Gas Station location on South Main Street. It is their feeling that the downtown area needs this chunk of land for parking and beautification of the entrance to downtown Stillwater - it is the feeling of many of the businesses in the downtown area that a gas station would not be advantageous to Stillwater - this is alaothe feeling of a quite a few of the citizens of Stillwater Their feeling would be the condemnation of the property for parking use and beautifi- cation of the entrance to Downtown Stillwater - they are asking that the Council proceed with this course of action. Financially the Downtown Stillwater Council and its member businesses are willing to finance by assessment fifty percent of this parking lot - they have individual businesses that have committed certain amounts or would be willing to take the assessments where businesses on the north end would not be assessed. He presented to the Council a drawing of the proposed parking lot with 87 parking spaces with landscaping. This property ends with the railroad tracks. DAVE MAGNUSON - final determination may not be made for up to two years - soon after the action is initiated, the City could pay the damages that the City's appraiser estimates which Erickson would suffer and then the City could go in and take possiession of the property and that could happen within a month and a half or two months after the City initiates the action - go in and do the work and have the use and the question of the damages would be left to be decided by the courts. On motion of Councilman Peterson, seconded by Councilman Powell, the Council instructed that the City Attorney meet with the Downtown Retail Council or their representative and the Consulting Engineer to get some estimated costs on the proposed £ parking lot on the Erickson Oil Company property. 6. JAMES JUNKER OF JUNKER SANITATION appeared before the City Council regarding his problems with the refuse and garbage billing for the Boom Shelter owned by Richard had Anderson on Olive Street. (Mr. Junker information nf which hichiheWha dareceivedrs from Minnesota Dept. Mr. Peters Heinecker licensing bureau, Smith of the Washington County Welfare Department). • • • • / July 11, 1978 When this home was started he billed Mr. Anderson $18.00 per month - he owned his own container and he deducted $5.00 and he was also billed by the City for $3.75 and he made it $4.00 and he billed him $9.00 - $4.00 from the cost to the City and $5.00 from his own container. Mr. Anderson's container became bad, so it was disposed of and Mr. Junker brought him a two yard container and shortly thereafter Mr. Anderson requested twice a week pickup and they agreed to a four yard container with pickup once aweek - and he has always been paying a commercial rate and he did not feel that it should be considered a foster home. DAVE MAGNUSON stated that there is nothing specific in the ordinance as to what it was, so he felt that it was up to the Council to determine what he was. COUNCILMAN POWELL stated one of the determining factors was that Mr. Anderson said that he generated two yards of refuse per week. COUNCILMAN PETERSON stated that they were getting into terminology and that there should be some determination as to what is what - there are other foster homes within the City that are licensed by the State. CHIEF ABRAHAMSON stated that he is listed as an "EMERGENCY SHELTER" - the people are brought there overnite and maybe they are out of there the next day. MR. JUNKER stated that he has never refused Mr. Anderson service and that should be stricken from the record. On motion of Councilman Peterson, seconded by Councilman Powell, the Council directed that Mr. Junker, Mr. Anderson and the City Attorney r « meet to determine what type of operation this is and get this matter resolved. (all in favor) -- -MAYOR JUNKER read a petition which has been received from some of the neighbors about the noise that is generated when the dumpsters are picked up at 5:30 in the morning. COUNCILMAN PETERSON stated that the Public Works Committee is working on the possibility of having them moved to another location and if he could pick them up a little later it would be better for the neighbors. COUNCILMAN POWELL stated that they might move the boxes out to the old dumpsite, and also move the Dog Pound out there. DAVE MAGNUSON felt that the present situation is the best location for this dumpsite. MAYOR JUNKER voiced opposition to moving the boxes out to the old dumpsite because of the patroling and the wind - also we could not have the Dog Pound there as there is no water available on that site. MRS. JAMES MC KINNEY, 410 West Rice, stated that it is very noisy when they pick up these boxes early in the morning. JOHN WELSHONS, 415 West Mulberry, stated it is a residential neighborhood and he felt that they should not be disturbed at this early hour in the morning - the City asks them to be good neighbors and they are asking that the City be good neighbors. LOIS WELSHONS, 415 West Mulberry Street, stated that she had taken this petition around to the neighbors and all of them agreed that the dump is a serious problem in the morning and the noise can be heard in the entire area. MRS. JOANNE SCHMITT, 224 North Fourth Street and Mrs. Thomas McKinney, 215 North Fourth Street also voiced objection to the noise from the removal of these dump boxes. COUNCILMAN PETERSON stated that at the Public Works Committee this evening they had the thought of moving both the Dog Pound and dump boxes - but there are things to work out - the Council was criticized before as there was not water at the dog pound and water was run in there after it was built originally and the City has to have a dog pound as we cannot destroy the animals - we have to comply with State Law and the details will have to be worked out. The Council agreed that they will have a meeting on these two problems and they will ask James Junker to be at that meeting. THE MAYOR DECLARED A RECESS AT 8:45 P. M. to 9:00 P. M. 4Th • • • • 4'( ti July 11, 1978 On motion of Councilman Peterson, seconded by Councilman Mahoney, the public hearings on the proposed vacations of West Abbott and South Harriet Streets were posponed until the August 8, 1978 meeting since one of the Council members was not present at this meeting and it takes a full Council to take action on street vacations. (all in favor) PUBLIC HEARINGS 1. This was the day and time set for the public hearing on Case No. 325 for Dick McCarthy,1007 South Sixth Street for a variance for a garage. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on June 29, 1978 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing MR. MC CARTHY was in attendance, but no one appeared opposed to the proposed variance. 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 variance to Dick McCarthy, 1007 South Sixth Street, to build a garage in his sideyard. (all in favor) 2. This was the day and time set for the public hearing on Case No. 327 for Dave Glas, 2636 Fairlawn Drive for a variance for a deck. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City, on June 29, 1978 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. MR. GLAS was in attendance but on one appeared opposed to this variance 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 variance to extend an attached deck to the Dick Glas home at 2636 Fairlawn Drive within five feet of the west property line. (all in favor) 3. This was the day and time set for the public hearing on Case No. 328 for Dick Slachta, 223 South Main Street, for a Special Use Permit for a dwelling unit at the St. Croix Outfitters. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City, on June 29, 1978 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. MR. SLACHTA was in attendance, but no one appeared opposed to this Special Use Permit. The Mayor closed the hearing On motion of Councilman Powell, seconded by Councilman Peterson, the Council followed the recommendation of the Planning Commission and granted a Special Use Permit to Dick Slachta, 223 South Main Street for a dwelling unit at the St. Croix Outfitters. (all in favor) 4. This was the day and time set for the public hearing on Case No. 329 for Leslie R. Lind, 270 North Main Street to build a 30 x 60 foot warehouse addition in Downtown Stillwater. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on June 29, 1978 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. No one appeared opposed to this request - a representative from the Lind Shoe Co. was in attendance with the plats for this addition. The Mayor closed the hearing. • • • • • July 11, 1978 ..� On motion of Councilman Mahoney, seconded by Councilman Peterson, the Council followed the recommendation of the Planning Commission and granted a Special Use Permit to the Lind Shoe Co., 270 North Main Street to build a warehouse addition to their present building. (all in favor) 5. This was the day and time set for the public hearing on Case No. 332 for Andy Ulrich, 517 South West Street for variances for a bedroom and garage addition. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on June 30, 1978 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. MR. ULRICH was in attendance, but on one appeared opposed to the proposed variances. The Mayor closed the hearing On motion of Councilman Peterson, seconded by Councilman Powell, the Council followed the recommendation of the Planning Commission and granted an eleven foot front yard variance for a bedroom addition and a sideyard variance of two feet for a garage addition to Andy Ulrich, 517 South West Street. (all in favor) 6. This was the day and time set for the public hearing on Lase No. 331 for Dave Linquist to move in a house in Block 1 of Webster's Addition on West Olive Street. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on June 29, 1978 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing DAVE LINQUIST and LEIGHTON JOHNSON appeared in behalf of this request. DANIEL NITZ, 616 West Olive Street, asked about the driveway that he uses to his garage which is partially on this property and he was informed that he would have to negotiate same with Mr. Linquist for an easement to get to his garage. The Mayor closed the hearing On motion of Councilman Mahoney, seconded by Councilman Peterson, the Council followed the recommendation of the Planning Commission and granted a permit to Dave Linquist to move in a house in Biock 1 of Webster's Addition on West Olive Street from South Greeley Street. (all in favor) 7. This was the day and time set for the public hearing on Case No. 330 - Swager Bros. for variances for a house to be constructed on North Third Street. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City, on June 29, 1978 anc opies were mailed to all property owners within 300 feet. The Mayor opened the hearing GARY SWAGER stated this will be a two bedroom rambler with single car attached garage with a walkout basement. COUNCILMAN PETERSON indicated that he had several phone calls and he gave the City Clerk letters from some of the neighbors who were unable to attend, opposed to the construction of the home bacicaily because there could be a water problem there - originally when the house was built on the corner part of that lot was part of that area. GARY SWAGER indicated that according to the legal description thty have the entire lot. COUNCILMAN PETERSON added that the previous owner had some sort of arrangement for use of this property from Miss Kottka and he had agreed that he would not build on that property - he would use the same as a yard and there was a garage on the property at one time which has been torn down. GARY SWAGER stated that they do not intend to change the grade and that is why they are building a walkout rambler. KEN WHITE, 1119 North Third Street - when Neil Junker owned my house and he owned that lot - it was the understanding that no one would ever build on it and then when Rod Aeslesen bought the house there was another understanding with Mr. Pederson if he ever sold the lot that he would sell it to him first - also Mr. Aeslesen told him that there was no way anyone could built on that lot as it was too small to build on - he pulled the wool over everybody's eyes. 477 • • 2 • • • • 41 t5 July 1L, L7,0 MR. SWAGER stated that he called Mr. Aeslesen who sold them the lot - he came to them and said that he had a lot - it is a platted City lot and it should be a buildable lot and he called him when they were putting together the plot plan and he asked Mr. Aeslesen for Mr. White's name, but would not give it to him since he did not feel that Mr. White would be willing to give up any of his property since he wanted to buy that lot - he had no knowledge of what took place back when Neil Junker lived there regarding any verbal agreements on this property. They were approached that he had this lot and that it was buildable. MR. WHITE stated that he would go from totally privacy to no privacy with a home built on this lot. He asked how far back they intend to build this house. MR. SWAGER stated that the farthest that he can be from the street would be 243 feet and the closest would be 18 feet and he cited the other dimensions and showed the plans to the City Council. HAROLD ANDERSON, 1121 North Fourth Street, questioned the size of the lot that is to built on and MR. SWAGER attempted to explain the size of this lot and the area of same. WILBERT MONSON, 105 East Wilkins, did not feel that there would be the opposition there is if the people were told that there would be a descent building put up there. MAYOR JUNKER cited that he had letters of opposition from Mr. & Mrs. Raymond Klein, Evelyn Kottke, Mr. & Mrs. Donald Newnan, and Hazel delMas and there were no reasons given for their opposition. MAYOR JUNKER asked Mr. Niska just what the variances consisted of and the first one is the lot area size. MR. SWAGER stated that John Lawson asked him to find out where the setbacks were on the other homes then he may not need any variances - he went to Mr. White's house and all of the dimensions are from the curb that were talked about at the Planning Commission meeting and he stated that either Mr. White or someone before him had to have owned some additional property to the east because if he goes the way the lot is platted when they would need some additional variances. COUNCILMAN PETERSON felt that this lot was made up of pieces from other lots over the years but MR. SWAGER stated that the plat map shows this lot platted at the quoted dimensions and they have a deed for all of Lot 5, and possibly they should have the property surveyed. JIM PEDERSON, 1106 North Second Street, has the property at the corner of Wilkins and Second - for the record he wanted it carified that it was implied verbally when Mr. Aeslesen ever hoped to sell it that he would give him the first chance to buy it, and he thought he would be told when it was to be sold, but he was not. MR. SWAGER stated that they did not solicit him for the lot - Mr. Aeslesen came to the office and told him he had a lot for sale and asked them if they wanted to buy it. He did talk to the City Attorney on this matter and Mr. Magnuson also suggested that he go through the variance procedure since the ordinance does not day whether it was retro- active before the 7,500 square foot ordinance went in. He stated that they have been allowed to build on other lots with and without variances. DAVE. MAGNUSON -just for the record he indicated that he didn't know what the position of the City Attorneys in the past have been, there is really no right to a non - conforming use on bare land - the owner of bare land no vested right that his lot size will remain the adequate lot size for building in the future - some ordinances provide saving clause for sub - standard lots, but our ordinance does not - it was his position that it means that the owner owns his land subject to changes in the zoning laws, so once a new lot size is required it means that all lots must have the minimum size - that has consistently been his advice. The Mayor closed the hearing COUNCILMAN PETERSON - In the past he has always maintained wherever variances are required whether it be in lot size, setback or whatever the people that live directly in the neighborhood and directly abet the property are the ones that re most often directly affected by this and he thought they are the ones that should be heard from and more weight should be applied to what they say than someone else - he lives only a few blocks away but it doesn't directly affect him and he does not necessarily live in that neighborhood. On motion of Councilman Peterson, seconded by Councilman Powell, the Council denied the variance because the granting of the variance would be injurious to the neighborhood because it would increase the density and would also, in his opinion, create water problems that would create hardships on the existing neighbors - the granting of the • • • • PETITIONS July 11, 1978 variance would not be in harmony with the existing homes in that area and did not feel that the applicant has shown any extenuating circum- stances other than the lot is too small. VOTE ON THE MOTION -- AYES -- Councilmen Peterson and Powell NAYS -- Councilman Mahoney (motion carried) COUNCILMAN POWELL asked if there was any way that plans could be made to resolve the problem that apparently is there so that a house could be built there - this doesn't completely close it - that something could be done so that the water won't be a problem - as far as the view goes that is an unreasonable thing be- cause you can't have domain over somebody's land just because of the sake of a view - we have had that before - is there some way this problem can be resolved to the satisfaction of those affected. COUNCILMAN PETERSON felt that this is a situation that directly affects those that live immediately around that piece of property. GARY SWAGER - no one has given him any reason for opposition in the four letters that have been received and COUNCILMAN PETERSON felt that theirfeelings weigh greatly on any decision that should be made directly affecting the neighborhood and frankly, the Council generally may have not felt this way, but he personally felt this way in other variances regardless of where they are - if the neighbors don't object they are the people that have to live with it - it is not a decision that greatly affects the entire community of Stillwater. MR. SWAGER felt that there should be some type of ordinance defining what is a buildable lot and what is IDn- buildable. From Ganus J. Deiss (G.A.N.N.- D.E.I., Inc.) reugesting watermain and sanitary sewer services to be installed on Harriet Street north of Pine Street. EDWARD DEISS appeared in behalf of his father on this matter - there is currently a one inch galvanized pipe which is a private line and there is a need for a bigger water line because they are putting up a duplex - he did not feel that the one inch line was sufficient for a single family home. MR. SHELTON stated that there is a six inch sewer up to the manhole and there are two lines coming out of this manole up to the dead -end of Harriet. This is short of this lot by 95 to 100 feet but they are not too worried about the sewer but they need the water. On motion of Councilman Powell, seconded by Councilman Mahoney, a resolution was introduced "ACCEPTING THE PETITION AND ORDERING THE FEASIBILITY STUDY FOR THE EXTENSION OF A WATERMAIN AND SANITARY SEWER SERVICES ON SOUTH HARRIET STREET FROM PINE STREET TO ITS DEAD -END AT THIS POINT ". - nsiiaxiak, Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) UNFINISHED BUSINESS 1. The hearing for the contractor's license for Gerald Cook was postponed to July 25, 1978, the next regular Council meeting. 2. On motion of Councilman Powell, seconded by Councilman Peterson, a resolution was introduced "ACCEPTING THE FEASIBILITY STUDY AND ORDERING THE PUBLIC HEARING ON LOCAL IMPROVEMENT NO. 162" (Utilities in Orleans Street west of Greeley Street - hearing date August 8, 1978). AYES -- Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 3. MAYOR JUNRER delayed the appointment of a member to the Board of Water Commissioners to the next regular meeting. 4. Orleans Street Lift Sta.! ,n Quotes: Tri -State $5,600.00 for two pumps Quotes for tele- metric from that system -Trans Alarm $446.60 each Total $1,339.80 Consolidated Electric $714.00 479' • • • 480 July 11, 1978 On motion of Councilman Powell, seconded by Councilman Peterson, the Council accepted the recommendation of the Public Works Committee to accept the bid of Tri -State for the pumps and Trans -Alarm for the alarm system. (all in favor) NEW BUSINESS 1. On motion of Councilman Mahoney, seconded by Councilman Powell, a beer permit was granted to the Lake Elmo Oilers for Lily Lake Park for August 25 -26, 1978. (all in favor) 2. On motion of Councilman Powell, seconded by Councilman Mahoney, a resolution was introduced "REQUESTING AND AUTHORIZING THE METROPOLITAN COUNCIL HOUSING AND REDEVELOPMENT AUTHORITY TO APPLY FOR REHABILITATION GRANT FUNDS FOR IMPLEMENTATION OF THE HOME IMPROVEMENT GRANT PROGRAM WITHIN THE CITY OF STILLWATER ". AYES -- Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 3. On motion of Councilman Powell, seconded by Councilman Mahoney, a resolution was introduced "DIRECTING THE PAYMENT OF THE BILLS ". AYES -- Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 4. On motion of Councilman Mahoney, seconded by Councilman Powell, the Council set the date of July 25, 1978 at 7:30 P. M. for the public hearing on Case No. 333 for a Special Use Permit for Phil Easton to construct a 21 unit condominium building at 215 South Third Street. (all in favor) INDIVIDUALS - DELEGATIONS - continued MONTY BRINE appeared before the City Council regarding a Bicycle Race which would require the blocking off of a few streets for about four hours on August 12th. He gave the Council members a copy of the bike routes - headquarters would be in the Armory where the registration would be - the races would take place from 1:00 P. M. to about 4:30 P. M. It would involve Stillwater partici- pants and out -of -town professional racers. CHIEF ABRAHAMSON indicated that he saw a lot of problems with this and COUNCILMAN PETERSON suggested that Monty talk this over with Wally and MAYOR JUNKER also felt that this should be worked out with Wally and Monty and report back to the Council at the regular meeting on July 25, 1978 before the Council gives approval to this race. APPLICATIONS On motion of Councilman Mahoney, seconded by Councilman Powell the following Con- tractor's Licenses were approved: (all in favor Asphalt Driveway Co. 1211 E. Highway 36, St. Paul 55109 Blacktopping New Louis P. Brochman 310 W. Maple St., Stillwater 55082 Blacktopping Renewal Drywall, Inc. 7401 Central Ave. N.E., Fridley, Mn. 55432 Sheet -rock taping Renewal David J. Graham 398 N. Fourth St., Bayport 55003 Roofing New Industrial Utilities, Inc. 5749 Lake Elmo Avenue No Lake Elmo 55042 Excavators New Kenneth F. Klocek - Ken's Home Improvement P. O. Box 265, Stillwater General Renewal Jack Rice Construction 8496 Lofton Avenue N., Stillwater general Renewal Rite -Way Waterproofing, Inc. 7337 Lake Drive, Lino Lakes 55014 Water- Proofing Renewal Road Runner Underground Utility Service 600 S. Warren Ave., North St. Paul 55109 Excavators Renewal A. J. Spanjers Co., Inc. 6351 North Lilac Drive, Minneapolis 55430 Masonry & Brick Work Renewal "W" Construction 6012 Stillwater Blvd, St. Paul 55119 General & Excavators • New • • • • • • COMMUNICATIONS July 11, 1978 From the Western Union Telegraph Co. regarding their proposed rate inc -ease hearing. (no action) From St. Croix Rivermen thanking the City Council for the donation of $1,500 for their Drum and Bugle Corps. (no action) CITY COORDINATOR'S REPORT 1. On motion of Councilman Peterson, seconded by Councilman Powell, a resolution was introduced "GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER CHAPTER 474, MINNESOTA STATUTES, REQUESTING APPROVAL BY THE COMMISSIONER OF SECURITIES, AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS ". ( Stillwater Industrial Park) AYES -- Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 2. The Council chose not to take any action on an ordinance for the regulation of vending machines within the City of Stillwater. They did not feel that the City had the time for such inspections. 3. On motion of Councilman Powell, seconded by Councilman Peterson, a resolution was introduced "REQUESTING FEDERAL FINANCIAL ASSISTANCE FOR FLOODING CONDITIONS AND DESIGNATING JACK SHELTON AS THE CONTACT PERSON FOR DISASTER RELIEF FOR THE CITY OF STILLWATER ". AYES -- Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 4. On motion of Councilman Mahoney, seconded by Councilman Powell, the Acting City Clerk was directed to advertise for an Accounting Clerk to replace Jeanette Lowry who has submitted her resignation which will be effective July 21, 1978 . (all in favor) 5. On motion of Councilman Peterson, seconded by Councilman Mahoney, the following salaries were established for the Elation Clerks for the 1978 elections: 42.65 for the first eight hours and $3.97 thereafter $3.65 for the Absentee Polling Judes (all in favor) 6. On motion of Councilman Mahoney, seconded by Councilman Powell, the Council set the salary for the Voting Machine Custodians at $5.00 per hour for the 1978 Elections. (all in favor) 7. On motion of Councilman Powell, seconded by Councilman Peterson, that the Acting City Clerk send a letter to Stillwater Township notifying them that they are creating a water problem in the Dr. Pizinger area with a copy of this letter to Dr. Pizinger and Ron Harnack. (all in favor) 8. Discussion was held regarding the high water level at Lily Lake and the Letter received from Ron Schoenborn and the flooding at the beach area. The Council felt that the City should be ready to pump and Mr. Shelton felt that if we establish a level and then pump the lake. MR. SHELTON stated that they will have to have time to lay the pipe and get the easements to lay the pipe to get to the Holcombe Street manhole. Mr. Blekum felt that if we are going to pump,it should be done now - if we get another inch of rain it will be too late. MR. BLEKUM also stated that we are currently pumping it through the Greeley Street Lift Station. MR. ELLIOTT stated that he had several conversations with Harnack on this matter and the permanent solution and they had to do some survey work on this matter. McKusick Lake is the cheapest route to go, but the problem with the old railroad tracks out there and the beavers plug up the culverts and pipes. He felt that the temporary solution was to go to the river as we did before. MR. SHELTON stated that we did have a level of 844.5 which was established the last time. MR. ELLIOTT stated that Mr. Harnack will be in Stillwater on Thursday and that he would ask him at that time about pumping the lake and the Council felt that in the meantime the pipe could be laid down so that we are ready to pump. 481) • • • • • a • 482 PUBLIC WORKS None July 11, 1978 CONSULTING ENGINEER'S REPORT 1. Mr. Elliott reported on the water level of Long Lake and they have been keeping the lower gate open at night and the City does have permission for this. 2. Mr. Elliott reported that the County and the Highway Department are planning to receive bids on County 66 (South Greeley - Oasis Avenue) work this fall and since there has been almost a void of discussion between them and the City and he has called a meeting for Thursday morning at 9:00 A. M. with respect to the plans. He was concerned about the right -of -way which is very expensive and there is a very sensitive and difficult drainage problem in this project. Baytown Township will also be represented at this meeting. 3. Mr. Elliott distributed the feasibility study ',-o the Council on Lo:al Improvn-- ment No. 157 for the Stillwater Industrial Park for their study and rtview. COMMITTEE REPORTS PUBLIC SAFETY 1. On motion of Councilman Powell, seconded by Councilman Mahoney, the Council authorized the attendance of Fire Chief David Chial and Sergeant Tim Bell to the arson school - a five day course on September 26 -29, 1978 and the only cost to the City is the cost of the meals (one -half of this cost will be reimbursed by the State of Minnesota). (all in favor) 2. Chief Abrahamson informed the City Council that Engine No. 6 in the Fire Department has a cracked block and they trying to fix same with a liquid sodder. 3. On motion of Councilman Powell, seconded by Councilman Mahoney, a resolution was introduced "AUTHORIZING THE INSTALLATION OF TWO HOUR PARKING SIGNS ON THE NORTH SIDE OF CHURCHILL STREET FROM EVERETT TO GREELEY AND ELIMINATE THE NO PARKING SIGNS AND ON THE WEST SIDE OF GREELEY STREET MAKE A TWO HOUR PARKING FROM GREELEY TO ABBOTT ", so that parents may park in these locations while their children use Washington Park ". AYES -- Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 4. Chief Abrahamson requested permission to purchase some three quarter army surplus trucks for about $100 each and they could be used by the Fire Depart- ment and also the Parks Department. (This matter will be considered at a later date). PARKS AND RECREATION 1. On motion of Councilman Mahoney, seconded by Councilman Peterson, the Council authorized the attendance of Dick Blekum, Rod Hamble, and Bob Bartkey at the Athletic Turf Maintenance School at the University of Minnesota on August 2 and 3, 1978 at a cost of $10.00 each. (all in favor) 2. Mr. Blekum informed the Council that since last fall the Greeley Street Lift Station has been taking on about six times more water than is suppose to go in it with the sewage and that is coming from Lily Lake through the two manholes in this area. This takes away from the capacity that the City is going to need for the new Stillwater Industrial Park Development. He felt that the City should think about a permanent pumping solution for Lily Lake. The final solution would be to pump to McKusick Lake and possibly look at another possibility of getting it to the river. MR. SHELTON stated that if they use McKusick Lake then he would go along with piping it from Owen Street through the Mulberry Ravine to the river. MR. BLEKUM concurred with this suggestion. ADMINISTRATIVE On motion of Councilman Mahoney, seconded by Councilman Powell, a resolution was introduced "AMENDING THE BY -LAWS FOR THE FIRE RELIEF ASSOCATION). AYES -- Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS- -None (see resolutions) • • • • • T July 1'., 1978 IMMO CITY ATTORNEY'S REPORT 1. On motion of Councilman Peterson, seconded by Councilman Powell, the Council directed the City Attorney to close the deal with the Tim Welch Group for the Nelson School Balding by August 1, 1978. (all in favor) MAYOR JUNKER directed that Mr. Shelton have the doors +ailed shut on this building to prevent the children from going in and out all of the time. APPROVAL OF MINUTES On motion of Councilman Peterson, seconded by Councilman Mahoney, minutes of the following meetings were approved: June 6, 1978 Regular Meeting 7:30 P. M. June 20, 1978 Regular Meeting 7:30 P. M. (all in favor) COUNCIL REQUEST ITEMS None QUESTIONS FROM PRESS REPRESENTATIVES None ORDINANCES None RESOLUTIONS The following resolutions were read and on roll call were adopted: 1. Directing the Payment of the Bills. 2. Amend By -Laws - Volunteer Fire - Firemen's Relief Association 3. Accept Petition and Order Feasibility Study for South Harriet Street 4. Accept Feasibility Study and Order Hearing for Utilities for 63rd Street 5. Rehabilitation Grants for Home Improvements 6. Preliminary Approval of Sale of Bonds for the Stillwater Industrial Park 7. Requesting Federal Financial Assistance for Flooding 8. * Two Hour Parking Signs on Churchill and Greeley Streets by Washington Park * Not published due to lack of information - repassed July 25, 1978 ADJOURNMENT On motion of Councilman Powell, seconded by Councilman Peterson, the meeting adjourned at 10:55 P. M. Attest: sLi-C Ac ing City Clerk Mayor 483 • • • • 4 • • /'i July 11, 1978 • CITY ATTORNEY'S REPORT 1. On motion of Councilman Peterson, seconded by Councilman Powell, the Council directed the City Attorney to close the deal with the Tim Welch Group for the Nelson School Hilding by August 1, 1978. (all in favor) MAYOR JUNKER directed that Mr. Shelton have the doors nailed shut on this building to prevent the children from going in and out all of the time. APPROVAL OF MINUTES On motion of Councilman Peterson, seconded by Councilman Mahoney, minutes of the following meetings were approved: June 6, 1978 Regular Meeting 7:30 P. M. June 20. 1978 Regular Meeting 7:30 P. M. (all in favor) COUNCIL REQUEST ITEMS None QUESTIONS FROM PRESS REPRESENTATIVES None ORDINANCES None RESOLUTIONS The following resolutions were read and on roll call were adopted: 1. Directing the Payment of the Bills. 2. Amend By -Laws - Volunteer Fire - Firemen's Relief Association 3. Accept Petition and Order Feasibility Study for South Harriet Street 4. Accept Feasibility Study and Order Hearing for Utilities f>r 63rd Street 5. Rehabilitation Grants for Home Improvements 6. Preliminary Approval of Sale of Bonds for the Stillwater Tndustrial Park 7. Requesting Federal Financial Assistance for Flooding 8. * Two Hour Parking Signs on Churchill and Greeley Streets by Washington Park * Not published due to lack of information - repassed July 25, 1978 ADJOURNMENT On motion of Councilman Powell, seconded by Councilman Peterson, the meeting adjourned at 10:55 P. M. Attest: a{,{_.,- .,tZl-, / P Ac ing City Clerk Mayor 483 • • •