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HomeMy WebLinkAbout1978-07-25 CC MINCOUNCIL CHAMBER Stillwater, Minnesota July 25, 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, Councilmen 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 of Parks and Recreation, Blekum; Consulting Er ;sneer, Elliott; Building Inspector, Niska; Planning Commission Chairman, Zoller Press: Stillwater Evening Gazette - Sharon Baker Free Press - Kevin Regan Citizens: Mr. & Mrs. Steven Marlow, Mr. & Mrs. James Bradshaw, Ilo Staloch, Tom Langford, Phil Easton, Brooks Thompson, Bill Hahn, Michael McGuire, Joanne Schmit, Owen Thomas, Bob Peters, Ann Karner (Dorsey Firm) INDIVILUALS & DELEGATIONS 1. MR. JAMES BRADSHAW, 1310 Hillcrest Drive, appeared before the City Council regarding a four foot variance for a balcony on the south side of the proposed addition to his home. On motion of Councilman Mahoney, seconded by Councilman Peterson, the Council granted the four foot sideyard variance to James Bradhaw, 1310 Hillcrest Drive for a balcony addition to his home - south side. (all in favor) 2. MRS. ILO STALOCH, Stillwater Business and Professional Women's Club appeared before the City Council regarding the vendors who put up their signs over the entrance signs to the City of Stillwater which does not portray the heritage of the City - they are carnival in type vendors, obstruct the sign and also promotes a hazard on the highway especially on Sundays when the traffic is so heavy - do they have a license to do this or does the City permit this or if the City was getting any revenue from it or if it could be stopped. Questions were raised as to whose property the sign is located on and it was determined that this is located on the Erickson property. MRS. STALOCH asked if it was possible to get the owner to put up "No Trespass- ing "signs or peddlers. DAVID MAGNUSON stated that he did contact the Erickson's attorney about that - he did not respond and apparently they are not willing to cooperate in expelling them from the property - the other avenue would be nuisance action - if they are a hazard to public travel on the highway, then the City could proceed against them under the Nuisance Ordinance and probably have them thrown off there - it should be the Council that directs him to do this. MRS. STALOCH further stated that it is a shame for all the work that has been done for the restoration of the downtown area and this is a very bad first impression when you come into the City - could they find another spot. COUNCILMAN PETERSON agreed that is is a nuisance - he has observed that most of the cars are parked off the highwa but it is possible that some of them are on the street. On motion of Councilman Peterson, seconded by Councilman Powell, the Council instructed the City Attorney and the Police Chief to take what- ever action is necessary to see that these peddlers are not allowed to operate on this private property on South Main Street. (all in favor) 3. RUSSELL KIRBY, chairman of the committee for the birthday party for Gary Laidig, appeared before the City Council requesting a beer permit for Lowell Park on August 19, 1978 from 6:00 P. M. into the evening. • • • • • July 25, 1978 Questions were raised as to whether this was being held in connection with his re- election and Mr. Kirby indicated that it was and the City Attorney said in the past the City has just required a license for the 3.2 beer, but as far as the use of the park they have never licensed the use of it and large groups have just gotten the Council's approval to use it - nothing pro- hibiting the use of it. The Council felt that this was a different situation than a business place using the park for their activities and that they could possibly have all kinds of political activities going on in the park. It was suggested that they might go to Pioneer Park or the Washington County Fair Grounds. MR KIRBY will go back to his committee and if need be, he will belack at the August 8th meeting. 4. MR. BOB PETERS, 720 North Fifth Street, appeared before the Council seeking relief on a matter he is unable to resolve - the enforcement of the leash law in the City of Stillwater, with a particular individual who has had a history of problems with a particular dog and that the City Attorney choses to do nothing. He explained the history of the case and that the party has been in Washington County Court which was not his doing which are violations of the leash law, and is running loose and tips over the garbage cans in the neighborhood. The City Attorney advised him that he is not going to take any action as Mr. Peters was abusive to the dogs, and the only solution is to go into Civil Court. WALLY ABRAHAMSON indicated that they have had problems with the dog and they have charged him twice and he thought the problems had been resolved - the dog man has been up numerous times and the dog was under control and the owner denied that the dog was running. Mr. Conley has not seen the dog in violation and he has told the City Attorney the same and there are neighbors that have stated that the dog is real friendly and they are happy with it. He has never seen the dog run. MR. PETERS stated as far as abusive to dogs that he has taken stones, and twigs and thrown them at the dog and has used abusive language on another dog and did not deny that and he had no intention to destroy the dog. DAVID MAGNUSON stated that when Mr. Peters had first called him on this matter he stated that he would have to have the police investigate this, but that he is not in the business of taking criminal complaints - charging someone with a crime without having the police make an investigation of it. Their report to him was that the people had already been charged with the crime twice and they had erected a fence which is kept locked at all times. There are also allegations that Mr. Peterson had set baited traps for animals in the neighborhood. He had informed Mr. Peters that he was as equally guilty as the party that let the dog run. He judged it as being a civil dispute between the two of them and that the Police and City really had no interest in getting involved in the dispute and this was his judgment. Questions were raised how the dog got out and Mr. Peters stated that he is allowed to run and the front side is not fenced. On motion of Councilman Peterson, seconded by Councilman Powell, the Animal Control Officer is to keep close check on the dog between 7:30 and 8:30 P. M. each day. (all in favor) OWEN THOMAS commented that the City's ordinance should include cats and there are more loose dogs in his neighborhood than in any part of town and they are running all over town. PUBLIC HEARING -- -This was the day and time for the public hearing on Case No. 333 for Phil Easton for a Special Use Permit for a condominium building at Third and Olive Streets. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on July 14, 1978 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. The Planning Commission recommended Concept approval. PHIL EASTON stated that the Council should have a copy of the letter from Mr. Niska and he assured the Council that every code would be adhered to and he respectively requested the variances indicated here. MR. SIEGLER was concerned about the parking and he was informed that there will be 21 inside parking units and the entrance would be from Third Street and entrance to the parking on the east would be from Olive Street. There would be four park- ing stalls in this area. 485 1. • 1 f • • '486 July 25, 1978 MR. ZOLLER stated that in order to get this under the High Density Ordinance, the Council should declare this a redevelopment area and it would allow for the higher density but he will still need sc ie of these variances. This is done by resolution. PHIL EASTON stated if the City so elects - there is a strip of property which is virtually useless to the City could be appropriated for this - we don't need it - but he will take it, clean it up landscape it and put it on the tax base - which is not now producing anything. DAVE MAGNUSON felt that the City would be entitled to sell that - it would not requie that you advertise it publicly - the Council could dtermine a fair price by resolution and you could offer to sell it for that - find out the fair price and off it to him. MR. EASTON asked why not consider a modest amount of money in valuable consideration, the valuable consideration being that it is cleaned up, trimmed, landscaped and put back on the tax rolls. COUNCILMAN PETERSON felt that we should have someone like a real estate agent look at it and say it is worth "x" number of dollars. MR. EASTON stated whatever you decide - he does not need it - he would only take it if the price is right. The Mayor closed the hearing. On motion of Councilman Peterson, seconded by Councilman Mahoney, a resolution was introduced "DESIGNATING THE PROPERTY AT THE CORNER OF OLIVE AND THIRD STREET AS A REDEVELOPMENT AREA ". AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Council granted the variances detailed in the letter submitted by the Building Inspector dated July 19, 1978. (This could possibly change if Mr. Easton acquires the additional property mentioned above). (all in favor) THE VACATION OF WEST ABBOTT AND SOUTH HARRIET STREET - This matter was to be con- tinued until the first meeting in August. Questions were raised as to whether notices had been mailed to the property owners and they were informed that they had not been notified. MRS. STEVEN MARLOW stated that the property owners on Abbott were in attendance and she explained the situation relating to this particular vacation. She asked about utilities being brought into the lots in the back from Abbott Street. They would like to have it vacated and clean it up. PETITIONS None The hearing will be continued on August 8, 1978 at 7:30 P. M. and all the affected property owners are to be notified by mail of this hearing. UNFINISHED BUSINESS 1. On motion of Councilman Mahoney, seconded by Councilman Powell, a resolution was introduced RATIFYING THE ACTION OF THE JOINT POWERS COMMISSION ACCEPTING THE PLAT FOR THE STILLWATER INDUSTRIAL PARK AND AUTHORIZING THE MAYOR AND THE ACTING CITY CLERK AND COUNCILMAN MAHONEY TO SIGN THIS PLAT ". AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) THE MAYOR DECLARED A RECESS FROM 8:25 to 8:40 P. M. 2. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Council directed that the City Attorney meet with Mr. Leitte regarding the platting of his property within the next two weeks and get his bonafide intent on this matter and if there is no intent then we can proceed to have it platted. (all in favor) 3. CONTRACTOR'S LICENSE FOR GERALD COOK - ROOFING CONTRACTOR -- An individual who works for Gerald Cook was in attendance and said he would be willing to answer any questions. • • • • r^ • July 25, 1978 4871 • MAYOR JUNKER stated that the City did receive a letter from a party that had some rain damage done because the proper protection was not done on the job. JOANNE SCHMIT, 224 North Fourth Street, appeared before the Council on this matter since her home was the one that was damaged. The roof on her home was removed on Friday and it was left open all weekend and the rain came Monday night and she detailed the damage that was done to her home because of the water that got in because of the open roof. Her household insurance has covered the cost of the damages, but she feels that such contractors should not be allowed to operate or be licensed to operate in our City. She had a contract with Mr. Petterfor this job and he called in Mr. Cook to finish the job. MR. PETERS also spoke in Mrs. Schmit's behalf regarding the damages done at her home and the fact that Mr. Cook was abusive when he came to her home and he denied any responsibility for the work. COUNCILMAN POWELL felt that the responsibility should be shared equally between Petter and Cook. MAYOR JUNKER indicated that he had a list of 22 people who had jobs done by Mr. Cook and who could be contacted regarding the quality of the work being done by him. MRS. SCHMIT assured the Council that the supplies were there to do the job even though the contractor indicated that they were waiting for them to arrive and that is why the roof was open and the damage was caused. The night after the rain came - on Tuesday night there was someone on the roof covering up the hole. Mr. Cook's employee indicated that the shingles were there but some of the materials had not arrived and they had to wait for the money from Mr. Petter in order to get these materials. Questions were raised about Mr. Cook's responsibility in this matter and whether or not he was a sub - contractor or working for Mr. Petter by the square. DAVID MAGNUSON stated that Mr. Kimmel had informed Mr. Cook if he is working by the square he would not be a sub - contractor and no license would be required. The ordinance serves two functions - one is to insure that a man that is working in the City is reputable and the other that he provide insurance - not only for the benefit of the home owner but specifically for his employees - workmen's compensation insurance - if a man is an employee of a contractor he is covered under the contractor's insurance - if he is a sub - contractor who has his own control over the job, he is not an employee and he has to supply his own insurance. The advice that was given to the Building Inspector and to Mr. Cook that working by the square as an employee so that the contractor's insurance would cover. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, Petter's Contractor's License was suspended and not to issue a license to Mr. Cook until such a time as a hearing has been held so that the Council can determine the responsibility in this matter. (all in favor) 4. MR. ELLIOTT submitted to the City Council his findings on the water problem at the Steve Klein's residence on Northland Avenue. There is a problem with the entrance to the storm sewer at this location. The recommendation is that by removing the existing 15 inch apron and two lengths of the 15 inch pipe. For one length of 15 inch pipe a 15 x 24 inch increase should be used followed by one length of 24 inch and finally a 24 inch apron. He further recommended that an inlet structure be constructed immediately adjacent to the apron - the approximate cost of the materials involved i.i $300 to $400. MR. ELLIOTT felt that the yard drainage problems are due to how the property was shaped by the developer and he did not feel that the City had any responsibility here. His office did not do the street work - it is his opinion that the drainage structure is located under the curb and is not visible. The matter of Mr. Klein's yard drainage is something that Mr. Elliott would like to work with him and he felt that the City should not get involved with surface drainage across yards - it should have been part of the contractor's job. Questions were raised as to whether or not the Jet Rodder could clean out this storm sewer and Mr. Shelton stated that it could be cleaned out but it would not go around the bend in this pipe. MR. KLEIN agreed to the pipe he was concerned with the debris in the ditch which people continually throw in it - if it were cleaned he did not feel that the people would put any more debris in it. He did not feel that he should go to the expense of putting in a berm because of drainagefrom City property that comes into his yard. • • 4 (488 • • • COUNCILMAN PETERSON felt that we could take care of the ditch problem but there is no way to solve water problems when we have excessive rains or storms. MR. KLEIN asked if it was his responsibility or the City's to keep the water within the easement between his home and Mr. Taylors. MR. ELLIOTT stated that the easement was a part of the plat to permit the storm sewer to go there and to permit the City to have access to the property if repair was necessitated. MR. KLEIN stated that he had easements on both sides of his property and MR. ELLIOTT will go back to the original plans and check this matter out. Mr. Elliott and Mr. Klein will continue to work on this problem. NEW BUSINESS 1. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Excavator's Bond for William P. Klossner, White Bear Lake, Minnesota in the amount of $5.000 was approved. (all in favor) 2. On motion of Councilman Powell, 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) 3. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the Council approved an "ON SALE WINE LICENSE" for Rryarlitchen Catering Service for the Jazz Festival to be held on the old Washington County Courthouse site on July 28, and 29, 1978 subject to the submission of the proper application and fee and subject to the approval of the City Attorney and the Liquor Control Commission. (all in favor) INDIVIDUALS AND DELEGATIONS - continued MR. BILL HAHN of the Coast -to -Coast Store inquired about the appointment to the Board of Water Commissioners and Mayor Junker indicated that he has made a decision and is going to make the appointment this evening. He felt that we should make a change and he stated that he has been contacted by many people asking to be appointed to this Board. The Mayor indicated that he had about 12 people interested and he is going to appoint Alfred Roepke to this position. APPLICATIONS On motion of Councilman Mahoney, seconded by CouncilwonanavoBodlovick, the following Contractor's Licenses were granted: Robert J. Daniels - Bob and Sons Roofing 4553 Xerxes Avenue So., Minneapolis 55410 Thomas Finn Co. 370 Dayton Ave., St. Paul 55102 Lawrence C. Houle 15280 Pilar Rd., Scandia 55073 Norris J. Johnson 703 South First St., Stillwater William P. Klossner 23 Clark Ave., White Bear Lake 55110 Len Mollenhoff Roofing 751 Hiawatha„ Vadnais Heights 55110 July 25, 1978 Roofing New Roofing Renewal General Renewal General Renewal Excavators New Roofing Renewal - - -On motion of Councilman Powell, seconded by Councilman Peterson, a "One -Day Sunday Liquor License" was granted to Glenn Wendorf (The Harbor) for July 30, 1978. (all in favor) COMMUNICATIONS From Ron Niska, Building Official, regarding Addendum #3 to Specifications and Drawings of the Housing for the Elderly Project. (no action) • • July 25, 1978 489' �, • • / • CITY COORDINATOR'S REPORT 1. On motion of Councilman Powell, seconded by Councilman Mahoney, the Council authorized permission for the installation of a hydrant on the Lily Lake School property and to bill them after July, 1979. (all in favor) 2. The Acting City Clerk called the Council's attention to the 1977 Financial Report and that Mr. Voto would like to meet with the Council on this report and he will be on vacation and they will meet with him sometime after August 21st - they were requested to pay particular attention to the recommendations on pages 24 thru 27 in this report. 3. On motion of Councilman Mahoney, seconded by Councilman Powell, the Council granted a beer permit to the Downtown Retail Council for their Brown Bag Festival to be held in Lowell Park, August 26, 1978 from 11:00 A. M. to 5:00 P. M. (all in favor) 4. Discussion was held regarding the repair of the tunnel under North Second Street between the former Glaser Service Station and Conn -Co and the Board of Water Commissioners feel that the cost of the repair of same should be shares on a 50/50 basis by the City and the Board of Water Commissioners. Mr. Shelton indicated a representative will be here to look at this problem and will give us some quotes on this proposed project sometime this week. 5. There was a request for a beer permit for the Jaycees Summer District meeting -" in Lowell Park on August 4, 1978 from 5:30 to 8:00 P. M. just for the consump- tion and not the sale and the Council indicated that no permit was required for such an occasion as long as they were not going to sell the beer. 6. sub ittedgaCproposalkfor fthee1978eFinancial that non has action taken at this time. 7. On motion of Councilman Powell, seconded by Councilman Peterson, a resolution was introduced "AUTHORIZING THE REMOVAL OF THE 'NO PARKING' SIGNS ON WEST CHURCHILL STREET FROM EVERETT TO GREEDY AND ON THE EAST SIDE OF GREELEY STREET FROM CHURCHILL TO ABBOTT AND REPLACING SAME WITH 'TWO HOUR PARKING' FROM 8:00 A. M. to 4:30 P. M." AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) CONSULTING ENGINEER'S REPORT 1. Mr. Elliott reviewed the feasbility study for Local Improvement No. 157 for the Stillwater Industrial Park Improvements. He made a slide presentation of the proposed improvements detailing the various improvements to be made and which were printed In full detail in the report He recommended that Baytown area not be involved in any potential type of assessment, but rather the current trend on all drainage is to limit the drainage to the pipe that is currently installed for agricultural drainage through the 24 inch pipe that is there now. He also had a meeting with the Baytown personnel involving the drainage to the Oasis Avenue Pond. He recommended in the report that the storm sewer drainage be assessed against the area in Stillater and a small area in Stillwater Township which could be incouded. In accordance with a law passed in 1973 permits the establishment of a drainage district for spreading the cost. He stated that in a commercial area it is a lot easier to spread the cost of streets, water and sewer on an area as opposed to a frontage basis and this is shown in the report with the outlined area to be assessed for these costs. He recommended the use of Municipal State Aid Funds for the Street work for the project, but the exact amount is subject to the Council's discretion. As far as assessments for properties outside of the City, they can be assessed for the utilities as a service connection charge, equal to the cost of the assessment as the day will come when they will need that sewer and water service - the street is more difficult because a service is not require - the oly there us the payment benefit building assess -t ment others had to pay. Discussion was held regarding the properties out the City limits and within the Joint Powers area and Mr. Elliott informed the Council that on the Mid -Oaks improvement there were joint hearings on that improvement - part of which was in the Township and then the Township collected the assessments and turned them over to the City. • • 1 • '490 { July 25, 1978 COUNCILMAN POWELL felt that we should make it known that these improvements are being made and the Joint Powers should suggest that they petition to come in. On motion of Councilman Mahoney, seconded by Councilman Powell, a resolution was introduced "ACCEPTING THE FEASIBILITY STUDY, ORDER HEARING AND FINAL PLANS AND SPECIFICATIONS FOR LOCAL IMPROVEMENT NO. 157 - STILL - WATER INDUSTMAL PARK " (Hearing date to be August 22, 1978) AYES -- Councilwoman Bodlovick, Councilmen Mahoney,Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 2. On motion of Councilman Powell, seconded by Councilman Mahoney, Mr. Elliott was directed to prepare a feasibility study for the utilities and drainage in connection with the construction of the proposed County Road No. 66 improvements. (all in favor) 3. Mr. Elliott informed the Council that the Department of Transportation would like to have a fie year plan for the Municipal State monies that are allocated to the City of Stillwater. COMMITTEE r =PORTS PUBLIC SAFETY 1. Chief Abrahamson asked about the street lights on Northland and County 12 and Mr. Shelton indicated that it has been ordered from NSP, but to date has not been installed. 2. On motion of Councilman Peterson, seconded by Councilman Powell, the City Clerk was directed to send a letter to the Minnesota Department of Trans- portation requesting some stricter controls on the raising and lowering the bridge and also requesting their assistance in moving traffic across the bridge (all in favor) 3. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Police Chief was authorized to advertise for testing for a patrolman position in the City of Stillwater, said advertisement to appear in the Stillwater Gazette only. 4. On motion of Councilwoman Bodlovick, seconded by Councilman Powell, the Council denied special parking privileges to contractors working in the downtown area of the City of Stillwater. (all in favor) 5. On motion of Councilman Powell,seconded by Councilwoman Bodlovick, the Council authorized the installation of 15 miles per hour speed signs on the levee road in Lowell Park. (all in favor) PUBLIC WORKS 1. On motion of Councilman Powell, seconded by Councilman Mahoney, the Council authorized the installation of two floor trap drains with the ball at the following locations: Leonard Schrade, 1711 West Olive Street Robert Isker, 1707 West Olive Street (all in favor) PARKS AND RECREATION 1. On motion of of Councilman Mahoney, seconded by Councilwoman Bodlovick, the Council granted a Beer Permit for Pioneer Park for August 27, 1978 to the Catholic Order of Foresters. (all in favor) 2. Discussion was held regarding the quotes for the work at the Croixwood 7th Addition Park - the quotation received for the electrical work totals $12,285.00 which is over the $10,000 and Mr. Blekum stated that if it was broken down into two separate proposals - one for the skating rinks and soccerfield and one for the tennis courts each of which would be under $10,000 and asked if the Council wanted to this way on this matter due to the fact that the plans would not be ready until the middle of August. Mr. Blekum received only one quote - one other party contacted stated that they were too busy to submit a quote and he never heard from the others. Mr. Blekum was directed to try to get one or two more quotes on this work and report back at the next meeting. The City Attorney felt that they could be bid as two separate proposals. The Council felt that we should try to get the additional quotes and not push the point of the two separate proposals or projects. • • • • • • CITY ATTORNEY'S REPORT 1. The Mayor and the Acting City Clerk signed the deed for the sale of the Water Board property owned by the City of Stillwater on North Fourth and St. Croix Avenues. 2. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, Robert Turrentine was appointed assistant City Attorney to fill in for David Magnuson when he is unable to attend and will serve without compensation. (all in favor) 3. On motion of Councilman Mahoney, seconded by Councilman Mahoney, the Council scheduled a public hearing for the establishment of a sewer drainage district for September 5, 1978 at 7:30 P. M. (This is in connection with the proposed improvements for the Stillwater Industrial Park. (all in favor) COUNCIL REQUEST ITEMS Mayor Junker appointed Alfred Roepke to the Board of Water Commissioners to replace the expired term of Roger Peterson. QUESTIONS FROM PRESS REPRESENTATIVES None ORDINANCES None July 25, 1978 RESOLUTIONS The following resolutions were read and on roll call were unanimously adopted: 1. Designating the Property at the Corner of Olive and Third Street as a Redevelopment Area. 2. Ratifying the Action of the Joint Powers Commission accepting the Plat for the Stillwater Industrial Park. 3. Directing the Payment of the Bills. 4. Two Hour Parking - Churchill and Greeley Streets by Washington Park 5. Accepting Feasibility Study and Ordering Hearing and Final Plans and Specifications for Local Improvement Nol 157 for the Stillwater Industrial Park. ADJOURNMENT On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the meeting adjourned at 10:50 P. M. Attest; �Qn� ✓_a�. oe �Y L.,tt � Acting City Clerk Mayor • 491' • • • 4