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HomeMy WebLinkAbout1978-10-10 CC MIN• • r8 COUNCIL CHAMBER Stillwater, Minnesota October 10, 1978 7:30 P. M. REGULAR MEETING The meeting was called to order by President Junker, The Invocation was given by the Acting City Clerk. Present: Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker Absent: None Also Presnet: Finance Officer /Coordinator, Kriesel, Acting City Clerk, Schnell; City Attorney, Magnuson; Superintendent of Public Works, Shelton; Public Safety Director, Abrahamson; Director of Parks and Recreation, Blekum; Consulting Engineer, Elliott; Building Inspector, Niska Press: WAVN - Gary Larson Citzens: Richard Balfanz, Andy Holdolph, Mary Emanuelson, Margaret Haak, David Haak, Jim Tholen, John Howard, Bill Plattner Bill James, Wilbert Monson The Acting City Clerk, Dorothy R. Schnell, administered the Oah of Office to Nile Kriesel, Finance Officer /Coordinator. INDIVIDUALS - DELEGATIONS 1. MARY EMANUELSON , 1017 South Second Street, appeared before the City Council re- garding what the Citys' plans are for the old Nelson School Building and there is a new problem - there was a mobile home parked bhind the school which left the school very early in the morning and there are children coming and going from here. DAVE MAGNUSON indicated that the Welch Group had trouble with financing and they have indicated to him that they have abandoned their interest in this building. The Council felt that the City should ask RTR to take some action since they are concerned about the future of this building and either have a meeting with them or advertise the building for sale On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the Council directed that we advertise for bids for the use of the Nelson School building and inform RTR that the City would like to handle this matter as we did the first time. (all in favor) Mayor Junker directed that Mr. Shelton take a look at the building and re- inforce the boards on the door and put another load of dirt to prevent entrance where the bricks are broken out. 2. On motion of Councilman Mahoney, seconeed by Councilwonan Bodlovick, the Council grantel a variance to Dr. Richard Powell, 1022 South Fourth Street, for a swimming pool partly in the sideyard which is a variance from Section 13, Ordinance No. 473. (all in favor) CONTINUANCE OF THE HEARING ON CASE NO. 340 -- -JOHN OGREN FOR A FILLING STATION AT 103 NORTH MAIN STREET. MR. OGREN has made a change in his plans and will not tear down the entire building and will remodel the existing building and the Planning Commission approved same subject to review by the Public Works Director as to the driveway entrance locations and widths of same and Mr. Shelton has checked same out and there will be no pro- blems with them. No one appeared opposed or in favor of this request. The Mayor closed the hearing. On motion of Councilwoman Bodlovick, seconded by Councilman Peterson, the Council granted a Special Use Permit to John Ogren for a filling station at 103 North Main Street as reconiconded by the Planning Commission. (all in favor) • • • • 4 1 p • f N • • • October 10, 1978 - -- CONTINUANCE OF THE HEARING ON CASE NO. 334 PRELIMINARY PLAT - RELIANCE f1 DEVELOPMENT CO. - BOUTWELL ROAD. No one appeared as opposed to this request - Mr. Holdolph was in attendance. The Mayor closed the hearing. On motion of Councilman Mahoney, seconded by Councilman Peterson, the Council accepted the Preliminary Plat for Reliance Development Co. on Boutwell Road with the stipulation that Lot 3 entrance be changed from 25 to 30 feet. (all in favor) -- -This is the day and time set for the proposed vacation of a portion of North Center Street abutting Lots 8, 9 and 10, Block 15 of Sabin's Addition and unplatted property of Section 29, Township 30, Range 20 of the City of Stillwater. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City, on September 5, 12, 10 and 26, 1978 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. MARGARET HAAK, 304 North Sherburne Street, stated that Mr. Radle donated this property to the West of Center Street to the City for a playground and felt that it shluld not be put on the real estate rolls - sell it to somebody to build houses and then the City would have to purchase other land for a play- ground - this would make a fine tennis court or some other type of play area. JIM THOLEN, 308 Echo Lane, felt that something should be done to improve this park area the same as they are going in the Croixwood area. JOHN HOWARD, 1123 West Linden Street, petitioner, feltthat they could still get back into the playground area since he was requesting that only half of the street be vacated - he has been maintaining same and would like to have that 15 feet along with his property. BILL JAMES, 325 Echo Lane, questioned wherher there would be a public access to the playground in that ravine and would there be an access to the land beyond that and asked about the plans for the property. DAVE MAGNUSON questioned whether or not this was a valid petition since Mr Howard owns only 50% of the abutting property and the City owns the other 50% on the west and this would constitute a defective petition. MR. JAMES questioned if there would be a public access to the playground and MR. SHELTON stated that there is an entrance off Echo Lane - and felt that Center Street would never go through as far as developing that property it is almost impossible. COUNCILWOMAN BODLOVICK raised the question about the width of that street by Mr. Plattner's home and Chief Abrahamson agreed that this is a very narrow street and recently when there was a fire in that area they had difficulty in getting in there COUNCILMAN PETERSON stated that several years ago Center Street was used as a dividing line for assessments for a lift station on Echo Lane and the property owners abutted Center Street, although Center Street was not in, were assessed for that lift station - the reason at that time was that there was a potential that it could be developed. In the past when the City has received a petition to vacate half of a street the Council rejected same as the City still woula have the other half and it is not consistent. MR. JAMES asked about the zoning on these lots and MR. NISKA stated on the east they are two - family and on the west they are single family. MR. SHELTON brought the plat maps into the Council Chambers and the Council and the property owners viewed same to determine the location of the platted street in tnis area. The Mayor closed the hearing On motion of Councilman Mahoney, seconced by Councilwoman Bodlovick, The Council agreed not to sign any petition for the proposed vacation of that portion of Center Street. (all in favor) PETITITONS None - \ • 1 49 • • • • October 10, 1978 INDIVIDUALS - DELEGATIONS - continued A representative from Recyling Unlimited appeared before the City Council requesting permission to setup a recyling center in the City Hall Parking Lot - they provide the containers and could do the policing of same if the City did not wish to police the area. On motion of Councilman Powell, seconded by Councilman Peterson, the Council granted permission to Recyling Unlimited to place their containers in the City Hall Parking Lot on a trial basis on a Saturday from 10:00 A. M. to 3:00 P. M. (all in favor) UNFINISHED :BUSINESS 1. This was the day and time for the bid opening for Local Improvement No. 164 for the Bituminous materials and chain link fencing for the Croixwood Seventh Addition Park. Advertisement of bids were published in gybe Stillwater Evening Gazette, the official newspaper of the City on September 22, 1978 and in the Con- struction Bulletin on September 22 and 29, 1978. The following persons opened the bids at 3:00 P. M. in the Council Chambers: Nile Kriesel - Finance Officer /Coordinator Jack Shelton - Director of Public Works David Magnuson - City Attorney Dorothy R. Schnell, Acting City Clerk BIDDER SECTION 1 (BITUMINOUS) SECTION 2 (FENCING) 1. Crowley Fence Co. 10600 Nassua St. N. E. Minneapolis 55434 No Bid $13,781.00 Bid Bond 2. Bituminous Consulting & Contracting Co. 2456 Main St. N. E. Minneapolis 55434 $18,291.30 No Bid Bid Bond 3. Metro Fence 5570 Centerville Rd. White Bear Lake 55110 No Bid $10,917.00 Bid Bond 4. T. A. Schifsky & Sons, Inc. 2370 Hy. 36 North St. Paul 55109 $17,379.00 No bid Bid Bond On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the Council awarded the contracts for the fencing and bituminous for the Croixwood Seventh Addition Park as follows subject to the City Attorney and the County approving the land exchange involved: Bituminous - T. A. Schifsky & Sons, Inc. Fencing - Metro Fence (all in favor) 2. This was the day and time for the bid opening for Local Improvement No. 165 - Retaining Wall and Miscellaneous items for the repair of the wall at the Olive Street Parking Lot. The advertisement for bids was published in the Stillwater Evening Gazette, the official newspaper of the City on September 18, 1978 and in the Construction Bulletin on September 18, 25 and October 2, 1978. The following persons opened the bids at 3:00 P. M. in the Council Chambers: Nile Kriesel - Finance Office /Coordinator Jack Shelton - Director of Public Works David Magnuson - City Attorney Dorothy R. Schnell - Acting City Clerk Len Newquist - Short - Elliott- Hendrickson, Inc. BIDDERS 1. Action Construction Co., Inc. Hugo Bid Bond 2. Matheny Construction Co. Minneapolis, Mn. Bid Bond 3. C. S. McCrossan, Inc. Osseo, Mn. Bid Bond TOTAL BID $94,880.00 $129,319.00 $82,597.04 • • • • • • • October 10, 1978 BIDDERS TOTAL BID 4. Schumann White Bear Lake Bid Bond $129,319.00 5. Arcon Construction Co., Inc. Mora, Mn. Bid Bond $ 76,083.00 6. Arnold Beckman, Inc. Apple Valley, Mn. Bid Bond $94,336.00 7. Foley Bros., Inc. St. Paul Bid Bond $159,526.00 8. Park Construction Co. Minneapolis Bid Bond $120,642.00 9. Meisinger Construction Co. St. Paul Bid :and $125,521.00 On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, the Council awarded the bid for Local Improvement No. 165 to Arcon Construction Co., Mora, Minnesota at a bid price of $76,083.00. (all in favor) 3. On motion of Councilman Powell, seconded by Councilman Mahoney, the Acting City Clerk was directed to contact the attorney for the School Board and setup a meeting with them regarding the sale of the dumpsite property to the School District. (all in favor) NEW BUSINESS 1. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Acting City Clerk was directed to send the "NOTICE OF CLAIM FROM FRED E. PETTER - 6873 Tenth Street North, St. Paul alleging that due to the suspension of his contractor's license that the City owes him damages in the amount of $50,000.00 to the McGary- Kearney :- nsurance Agency. (all in favor) 2. On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, the Council approved the installation of a bus shelter at the corner of West Myrtle and Birchwood Drive North and the location of same be at the discretion of the Director of Public Works. (all in favor) 3. On motion of Councilman Peterson, seconded by Councilman Powell, the Acting City Clerk and the Finance Officer were directed to contact the phone number in the League of Minnesota Cities' letter regarding grant applications for the Shade Tree Program for 1979. (all in favor) 4. On motion of Councilman Powell, seconded by Councilman Mahoney, a resolution was introduced "DIRECTING THE PAYMENT OF THE BILLS ", contin- gent on the checking out of the bills of Valley Auto and Hardware Hank. AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) (During the recess the above two bills were checked out and were approved for payment) THE MAYOR DECLARED A RECESS FROM 8:30 to 8:45 P. M. INDIVIDUALS - DELEGATIONS - continued WILBERT MONSON appeared before the Council requesting information on Police calls and other data from the Police Department on calls made to the Boom Co. CHIEF ABRAHAMSON reported for the year 1977 through September 1978 it accounts for 5.9% of their calls were around the St. Croix Boom Co. area. There has been numerous fights in that area, the last of which was at 1:00 A. M. last Sunday. The costs pro -rated back to January of 1977 indicated that we spent 133 manhours - wages would be $1,300 - equipment costs about $400. Ninety percent of the disturbance calls are outside either on Water Street or on Main Street in that vicinity. The St. Croix Boom Co. employs two bouncers during their business hours and they have also in the past had a police officer which they have paid themselves and are responsible for on the inside especially on Friday and Saturday nites and he is having difficulty having officers work for the Loom Company for many reasons. He has advised the police officers that work down there for the Boom Company that the City is not responsible for their insurance or any problems that go en on the inside - some of the men 51 . • / • • • • 52 • • October 10, 1978 have refused to work down there. He emphasized that a lot of the problems that they are having in that one block area are created sometimes at other places other than the Boom Company - they had people who come from other bars especially in the last three big fights that they had had. He added that the problem downtown is serious and most of them are in the streets and the calls have decreased over the last year. APPLICATIONS On motion of Councilman Peterson, seconded by Councilman Mahoney, the following Contractor's Licenses were granted: (all in favor) Al Baker Construction 2426 Henlock Lane, Plymouth, Mn. 55441 Siding New Joe Bjorkman Box 274, Stillwater, Mn. 55082 General Renewa 1 CITY FINANCE OFFICER'S REPORT 1. Mr. Kriesel requested budget and tax levy meetings for the next week, Monday evening at 6:00 - 7:30 P. M. and on Tuesday evening at 7:00 P. M. Mr. Kriesel also advised the Council that he had received an extension of ten days to October 20, 1978 for certifying the tax levy to Washington County. ACTING CITY CLERK'S REPORT 1. On motion of Councilman Powell, seconeed by Councilman Peterson, the Council authorized the purchase of a typewriter (used) for the City Clerk's Office. (all in favor) 2. On motion of Councilman Peterson, seconded by Councilman Powell, a resolution was introduced "DEFFERING CERTAIN ASSESSMENTS FOR CLARA RADUENZ FOR THE REMOVAL OF DUTCH ELM TREES ". AYES -- Councilwoman Bodlvock, Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 3. On motion of Councilman Peterson. seconded by Councilman Powell, the Council approved a Sunday "On Sale Liquor License" for the American Legion Post No. 48 for the November 5, 1978, November 12, 19 and 26, 1978 and December 17, and December 31, 1978. (all in favor) 4. The matter of whether or not the City wants Washington County to do their assessing for the year 1979 will be discussed at the Budget meeting next week. 5. Discussion was held regarding the action taken by the City Council as to refunding permit fees to the Board of Water Commissioners and it is up to the City Attorney to make a determination as to whether or not such a refund can be made to them since this fee was paid by the contractor. COMMITTEE REPORT PUBLIC WORKS 1. COUNCILMAN PETERSON reported on the conditions at the Public Library with Martin Lemon and requested that he be transferred out - this is a steadily increasing problem. The Public Works Committee suggested that if Mr. Blekum had a CETA employee that could work like four hours at the library and put Martin Lemon in the Parks Department. Mr. Blekum asked for time to think about it. This would be until May, 1979 when Mr. Lemon will be eligible for retirement. 2. Councilman Powell indicated that Mr. 3eorge Diethert, Street Foreman, will attend future meetings of the Public Works Committee. PUBLIC SAFETY 1 Chief Abrahamson requested permission to hire the number one candidate from the Police Officer applications to work under CETA as a Meter -maid and enforce parkinz in the downtown area. She would work at $4.00 per hour - she could also direct traffic and she would be a Community Service Officer - she is trained and she could be deputized to write illegal parking tickets also. 2. Also there was a request for another CETA employee to help with inspections in the downtown area along with the Building Inspector and the Fire Chief. r • • • • • • • October 10, 1978 N \ 53 Mr. Shelton is to check with Washington County to see if there are any slots available for either of the above CETA JOBS. PARKS AND RECREATION 1. Mr. Blekum informed the Council that he will take Mr Lemon in his Department and see what he can work out with the placement of one of the CETA employees at the l.iLrary and he was directed to check same out with Lynn as to the hours that they would prefer to have such a person to work for her. 2. Mr. Blekum reported on the progress of the work at the Croixwood Seventh Addition Park - the roadway is about ready for bituminous and has a surplus of dirt which he can use elsewhere 2nd he saved the cost of the bulldozer - the irrigation is about completed. The materials have arrived for the remodeling of the building on the site and requested that the Council waive the cost for the building permit for this work. !'\ On motion of Councilman Peterson, seconded by Councilman Mahoney, the Council waives the permit fee for the building permit for the repairs to the warming house at the Croixwood Seventh Addition Park. (all in favor) 3. Mr. Blekum announced that the Arena will open the 27th of this month and Mr. Fackler reports that the ice -time scheduling is better than last year. ADMINISTRATIVE COtMiITTEE No report CITY ATTORNEY'S REPORT No report CONSULTING ENGINEER'S REPORT (out of order at the request of Mr. Elliott) 1. On motion of Councilman Mahoney, seconded by Councilman Powell, a resolution was introduced "ACCEPTING THE WORK FOR LOCAL IMPROVEMENT NO. 129 -1 AND MAKING FINAL PAYMENT TO R. W. MOORE CO." AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 2. MR. ELLIOTT explained the proposed assessments for Local Improvement No. 129 -1 to the Council at this time so that they will be aware of what will be presented at the hearing on the 11th on these assessments. There is a $113,000 assessment for the Hauge property which is not in the City and the Council asked that Councilwoman Bodlovick, and Councilman Manoney check with the Joint Powers about getting this piece of property annexed to the City so that this proposed assessment can be collected. MAYOR JUNKER indicated that Mr. Leonard Feely is having problems with the sewer backing up into his basement since this improvement was put in when we have heavy rains - it floods his drainfield for his septic tank and the end result is that it backs un into his basement. Questions were raised about his hooking up to the City's sewer system to alleviate the problem and Mr. Magnuson was asked to check out whether or not this was possible and the cost of such connection could be added to his other assessment anu be deferred until this property is no longer "Green Acres ". Mr. Elliott indicated that he had estimated the trunk sanitary sewer cost at $466.00 and the final figure was $461.90 per acre. He was informed the Northwestern Bank that their assessment would be $35,000 and it came in at $28,576.75. 3. Mr. Elliott informed the Council that Mr. Glen Van Wormer is now working for his firm and suggested that the City use part of their Federal State Aid Funds for the updating of the signals at Myrtle and Main Street. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Consulting Engineer was instructed along with Nile Kriesel to check into the funds available for replacing of the existing signals at Main and Myrtle Streets. (all in favor) • • • 54 COUNCIL REQUEST ITEMS None October 10, 1978 QUESTIONS FROM PRESS REPRESENTATIVES, None ORDINANCES None RESOLUTIONS The following resolutions were read and on roll call were unanimously adopted: 1. Directing the Payment of the Bills. 2. Deferred Assessments - Clara Raduenz 3. Accepting Work and Making Final Payment - Local Improvement No. 129-1 - R. W. Moore Co. ADJOURNMENT On motion of Councilman Mahoney, seconded by Councilman Peterson, the meeting adjourned at 9:50 P. M. Attest: ting City Clerk Mayor • • • •