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HomeMy WebLinkAbout1979-05-22 CC MIN• J • 0 • COUNCIL CHAMBER Stillwater, Minnesota REGULAR MEETING The meeting was called to order by President Junker. The Invocation was given by the City Clerk. Present: Absent: Also Present: Press: Citizens: INDIVIDUALS- DELEGATIONS None PETITIONS None May 22, 1979 7:30 P. M. Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson, Powell and Mayor Junker None City Finance Directorp /Coordinator - Kriesel, City Clerk, Schnell; City Attorney, Magnuson; Superintendent of Public Works, Shelton; Public Safety Director, Abrahamson; Director of Parks and Recreation, Blekum; Consulting Engineers, Elliott and Moore; Building Inspector, Niska WAVN - Gary Larson Free Press, Joseph Lux Norris Swager, Joel Anez, Guy Dilts, Dick Muller, Mrs. Gail Brown, Mabel Johnson, Merrill Flowers, Bill Westphal, Gladys Diethert, Jim Junker, Neil Junker, Dave Johnson, Jerry Mechelke, Stanley Peplinski, Jim Gannon, Willis Jones, Mr. & Mrs. John Parent, David Haak, Mike McGuire, Todd Butterfield, Donald McCormick PUBLIC HEARIb'S 1. This was the da y and time for the public hearing on Case No. 354 for a variance from Ordinance No. 492 to divide some property at 516 West Myrtle Street into single family home lots and transfer of ownership. Notice of the hearing was published in the Stillwater Gazette, the official newspaper of the City on May 11, 1979 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. WILLIS JONES, 115 North Harriet Street, inquired as to the size of the lots and the kind of homes that would be built on these lots and the type of driveway accesses and the general overall plans for the area, and the classification of the property. GUY DILTS stated that there is a potential of three homes and they are unable at this time to find an easement agreement for the existing driveway which currently is used for the six plex and Mrs. Diethert - they will be building only single family homes and for the present only two homes will be constructed immediately - the third lot is buildable and will be built upon at a later date. MAYOR JUNKER asked who owned the driveway and MR. DILTS stated that it belongs to him and his two partners and they have no intention to block it off and he intends to get a legal easement. MR. MAGNUSON stated that the reason that this request was here - this is a block of unplatted land located right in the middle of Stillwater - normally when land is sub - divided it is platted - the subdivision ordinance provides that when con- ditions are well defined the sub - divider can exempted from the platting conditions they can just use a survey - and in this case all consitions are defined - the streets are all in and dedicated and the three buildable bts have access to a street and there will be sewer and water to all the parcels and it is reasonable to do it this way. MRS. JOHN PERRIN, 424 West Myrtle Street, stated that their concern was sub- standard houses on sub - standard lots. 289 • • • • • at • (290 May 22, 1979 MR. JONES asked if they would all face Harriet Street and this was confirmed by Mr. Dilts. The existing driveway will be left the same. There will be no on- street parking - there is room for garages or off - street parking on each of the not douthat$e On they could three homes, but tuck -under garage. do MRS. GLADYS DIETHERT, 122 North Harriet Street, stated there used to be a carriage route.and she felt that is where this driveway came in - she bought nine feet which was at one time a part of this driveway. MR. MAGNUSON stated that Mr. Dilts should be bound to convey the easement to the users of this driveway. MR. DILTS stated that this would be put on the survey and this should take care of it. He also had a copy of Mrs. Diethert's survey and it does show her line would be out of that e new ays to which will b north. They have no intention of using the existing garages for the MR. MAGNUSON stated that they have to comply with the ordinance as to the size of the homes since there is a restriction on the percentage of the lot tha: can be covered. They can't cover more than 30 percent of the area. cost of the MR. CULTS homes, and there would be no cost to property owners. and water for these owners The main concern was parking on Harriet Street especially in the winter months when the snow is piled up. MR. JONES stated that he would rather have two homes here than the proposed three. THE MAYOR CLOSED THE HEARING. On motion of Councilman Roger Peterson, seconded by Councilman Powell, the Council approved the variance request for Guy Dilts, and Kenneth Schwalen subject to the granting of the easements to the parties using the driveway at the present time as recommended by the Planning Commission and also a Certificate of Survey be finished. (all in favor) 2 about 4% fart on the the sideyard hearing on Streets No. 355 for a variance of Notice of the hearing was published in the Stillwater Gazette, the official newspaper of the City on May 11, 1979 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. FRANK RAUCH, the petitioner, was not present at the hearing. The Planning Commission denied the request. DAVID HAAR, 504 North Owens, felt that they changed their minds since the Planning Commission turned them down as the "For Sale" sign is back on the front of the house. He stated that the people in the neighborhood are against it because it is an under- sized lot and there will be no sideyard at all - they wanted the variance so that they would sell the vacant lot and build on it. COUNCILMAN ROGER PETERSON stated that it looks as though the lot would be approximately 1,400 square feet short of the required 7,500 square feet which means it is roughly they small and also pbecause ofhave the turned thatt would in effect this destroynature because that neighborhood by putting a house on that undersized lot. MABLE JOHNSON, 424 North Greeley Street, suggested if they survey that property that also one - too r many people n have them e surveyed W from a Streets t and e s it causes trouble. MERRILL FLOWERS, 505 North Owens Street, questioned how often these people could bring this matter up and MAYOR JUNKER stated that usually when it is turned down they don't come back, unless they survey it and find it is wrong and also it costs them $25.00 to petition for a variance. THE MAYOR CLOSED THE HEARING. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the Council denied the variance for property at 423 North as recommended by the Planning Commission. (' hl a • • • r • • 0 0 SIP w May 22, 1979 3. This was the day and time for the public hearing on Case No. 356 for a Special Use Permit to provide one efficiency apartment for the caretaker in a Commercial Zone at 423 South Main Street. Notice of the hearing was published in the Stillwater Gazette, the official newspaper of the City on May 11, 1979 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. MICHAEL MC GUIRE, the petitioner stated the intention is to have somebody live in the building which he felt would be an asset for caretaking and currently there is a glass blower who rents space in the building and the present plan is that he will be the caretaker and also will live there The intention would be to use the apartment for a caretaker. This apartment will be on the second floor and he intends to comply with all of the codes and he has had two meetings with Mr. Niska on this matter. This is a Special Use Permit for an apartment in a Commercial area. No other parties appeared in reference to this request. THE MAYOR CLOSED THE HEARING. On motion of Councilman Roger Peterson, seconded by Councilman Harry Peterson, the Council followed the recommendation of the Planning Commission and granted a Special Use Permit to New Stillwater Project, Ltd., 423 South Main Street, for an efficiency apartment for the care- taker of their building. (all in favor) 4. This was the day and time for the public hearing on Local Improvement No. 152 - Utilities for certain portions of the Cooper's Addition. Notice of the hearing was published in the Stillwater Gazette, the official newspaper of the City on May 11 and 18, 1979 and copies were mailed to all property owners proposed to be benefited. The Mayor opened the hearing. JAMES GANNON indicated that he was opposed to the project in behalf of his father. MR. MAGNUSON stated that there were several property owners that were left out on the legal description ofthe notice of hearing - they were Jay Kimble and Emma Knefelkamp. They were notified of this hearing. He asked MR. ELLIOTT to run through the maps on this improvement as he had some questions as a property owners and not as City Attorney. MR. ELLIOTT put the maps on the screen and stated that the total street improve- ment is estimated to cost $59,000 of which $45,240 would be billed to the developer and the other property to the north allowing 357 for sideyards - $13,860. The total frontage abutting Stillwater Avenue and Forward Street was - 1,077 abutting frontage on the Swager Bros. property and the other property totalling 330 feet. This was at $42.00 per front foot. MR. MAGNUSON stated that he would be bearing assessments for the back yard of his property. The figures that he computed was that this assessment would be about $18,000. He felt that the construction of Stillwater Avenue could terminate at the westerly edge of Forward Street. If Stillwater Avenue was terminated at this point, there was a question about the access to the westerly end of this proposed plat and JOSEPH LUX stated that they are not sure what they will be doing with this piece since it is only sixty feet wide and it has been left out of the plat at this time. They did not know how they could build on it and have access on a public street. MAYOR JUNKER felt that Mr. Lux, Mr. Elliott and Mr. Magnuson should check out the westerly part of Stillwater Avenue and see if they could agree to leaving that portion unimproved. MR. ELLIOTT stated that there would be no benefit to that sixty foot strip and, therefore, no assessments and with terminating Stillwater Avenue there would be no assessments for Mr. Magnuson's property. MR. MAGNUSON stated that the improvement was not ordered - it was discovered the next day that the legal description in the notice was in adequate and notices had not been sent to all of the people and that is why it had to be done over again - if we had not sent them notice, then they could never be assessed even if we decided that we wanted to later on. 291 • • • • 1 292 MR. ALVIN KRUEGER stated that he was representing Mrs. Knefelkamp this evening and asked about the assessment she would be paying and he was informed that it would be 35% of her sideyard which would be about 52 feet. He stated that she is against it since she is on a fixed income and he was informed that this could be deferred at her request until the property is sold (Mr. Elliott stated that for the record this would be $2,270) JIM GANNON asked about the assessments and MR. ELLIOTT stated that for the lift station that it would be calculated as a connection charge and no charge for any- one else for the sewer and water put in the street for those who already have these services. THE MAYOR CLOSED THE HEARING. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, this hearing was continued for two weeks until such a time as the City Attorney, the Consulting Engineer and Mr. Lux, the developer, can work out the details of the extension of the street. (all in favor) UNFINISHED BUSINESS 1. This was the day and time for the bid opening for Local Improvement No. 164 for the Resurfacing and Colorcoating of the Tennis Courts in the Croixwood Seventh Addition Park. The advertisement for bid was published in the Stillwater Evening Gazette, the official newspaper of the City on May 11, 1979. The following bids were received and opened by the City Clerk. Bid No. 1 Bid No. 2 Bid No. 3 Action Courts., Inc. 4685 Dood Road Egan, Minnesota 55123 Bid Bond Total Bid London Construction Co. 2925 N. E. McKinley St. Minneapolis„ Mn. 55418 Bid Bond Total Bid Bid Bond Total Bid May 22, 1979 Tennis West Ltd. Finley Bros. Enterprises 3860 N. Shore Drive Mound, Mn. 55364 $3,099.20 $3,144.00 $2,677.00 On motion of Councilman Powell, seconded by Councilman Roger Peterson, the three bids were referred to Mr. Blekum and the City Attorney for their study and recommendation for action later this evening. (all in favor) _ _ _ THE MAYOR DECLARED A RECESS FROM 8:30 TO 8:40 P. M. 2. On motion of Councilman Powell, seconded by Councilman Roger Peterson, the Council accepted the proposal of Junker Sanitation for the dump box services on a six month trial basis as indicated in the proposal and that the contractor furnish a disposal box for the City Garage for the City's use and that the City furnish electricity to light and heat a small building for the cold winter months effective June 1, 1979. Ayes -- Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson ann Powell Nays- -None Abstained - Mayor Junker (Motion carried) 3. There was an incurance claim from Mr. Todd Butterfield due to excessive costs for the location of a sewer stub -in on South Fourth Street. MR. MAGNUSON referred this to MR. ELLIOTT and he reported that they dug back in the records and found the original plans which were done in 1961 -62 - they had some of the field records, but they could not find any tie -in services indicated on those maps - -- services were indicated on the construction plans - there should have been two or three services to this property and one could not be found - could not establish background on the matter and it was too time consuming. rr C. " • 0 • • • r • • May 22, 1979 Moo MAYOR JUNKER did feel that it was the City's fault and he recommended to the Council that they make a motion to pay all but the one charge that the plumber has in the bill waiting service time (16 hours) and he did not feel that the insurance company would pay for this. MR. MAGNUSON asked Mr. McCormack if Miss Tobisch would accept that as payment since she claims that she was charged about $700 for these services and MR. MC CORMACK stated that the contractor was paid out of the building money for the house and they are closing on the house on Tuesday and it is causing a hardship for Mr. Butterfield - the money has been taken out of his loan to pay for this which was not in there originally. Mis Tobisch does want the street repaired and have the bumps taken out of it since the services should have been there so they did not have to open the street. The matter of the repair of the sidewalk was also mentioned and Jack stated that the contractor will have to repair the cut in the street and also the sidewalk. MAYOR JUNKER felt after the discussion that the City should pay the bill in total and then we will be done with it and that the City will learn a lesson. MR. SHELTON stated that it should be understood that if the bill is paid off that the contractor will repair the street to its original condition. On motion of Council an Roger Peterson, seconded by Councilman Harry Peterson, the Council directed that Mr. Shelton and Mr. Magnuson meet with Miss Tobisch and Todd Butterfield to work out an agreement on the total that the City owes them so that they will come to an agreement that is within that figure of $1,700.00. (all in favor) 4 TAXI -CAB LICENSING ORDINANCES MR. MAGNUSON stated that the amendment has been prepared for sometime but that a letter had been received from the lawyer for the Ritzers commenting on this proposed ordinance. He felt that the first item was appropriate - that they shall not be required to keep its office open. The second argument is with the number of parking spaces for licensed cabs and he disagreed with this as he felt that the Council should determine - this -- «his attorney was in disagreement on this - it should not be at the discretion of the Council. He felt that comments No. 3 and 4 were good suggestions regarding Sections 14 and 15. On motion of Councilman Roger Peterson. seconded by Councilman Powell, the second reading of the Taxi -Cab Licensing Amending Ordinance was postponed until the next regular meeting so that the City Attorney from Mr. could effective be Weinblatt ordinance the passage of the ordinance. (all in favor) 5. MR. MAGNUSON explained that before the ordinance is prepared for the storage of diseased elmwood that there is a policy decision that has to be made by the Council - either that they issue permits for the storage of this wood or that they pass an ordinance to specify where elwwood can be stored - if they take no action the storage is almost prohibitive throughout the year - if they decide on the permit system, then it can be stored between September 15th and April 1st or they can designate places in the City where it can be stored. COUNCILMAN POWELL felt that the best way would be by permit and MR. MAGNUSON concurred since it would be easier to control and then Jack could check the various piles to make sure they are stripped. COUNCILMAN ROGER PETERSON questioned if this was done if this would slow down the beetles at all, but it was agreed that at least they were complaying with the law. KENNETH KAISER, reported on the Bayport program and he recommended the issuing of permits and surveying the City - this survey has to be repreated to make sure that all permits are in compliance. COUNCILMAN ROGER PETERSON questioned what good this would do if it is not done within the area surrounding the City MR. KAISER stated that you can save an isolated area through sanitation - the beetles breed in dead and dying elms - if there is no breeding area you do not have beetles. 293 • w • • • • 1 • •c 294 Discussion was held with Mr. Kaiser about surveying the City of Stillwater and performing this work and he stated that he could do it for $5.00 per hour plus mileage and a complete survey would take one week which would be for one survey, but there would have to be follow -up surveys and up to 25% of that bill is returned by the Shade Tree Program. MR. pHGNUSON stated that there is a reasonable fee that could be charged for the permits - the survey is important - you have to find out who has these trees storedoand then you have to give them notice as to what is required. MR. KRIESEL felt that Scotty Montbriand should be able to take care of this survey for the City as one of his duties. COUNCILMAN HARRY PETERSON did not feel that the price of the permit was important - the important thing is to have them declare that they have wood. COUNCILMAN POWELL felt that the lesser the charge, the more honest they are going to be. On motion of Councilman Powell, seconded by Councilman Roger Peterson, the City Attorney made the first reading by title of an ordinance entitled "AN ORDINANCE AMENDING ORDINANCE N0. 414 AN ORDINANCE RELATING TO THE CONTROL AND PREVENTION OF DUTCH ELM DISEASE AND EPEDEMIC DISEASES OF SHADE TREES IN THE CITY OF STILLWATER ". (all in favor) 6. The Board of Water Commissioners sent a memo to the Stillwater City Council re- questing authorizing a study to determine a "Water Availability Charge "(WAC) for future core facilities and they are willing to pay their share of this study along with the sewer availability study which would be done by Short- Elliott- Hendrickson, Inc. and Springsted's, Inc. MR. ELLIOTT stated that the past policy has been that out of the water revenues have come any wells and elevated tanks, and ideally these core facilities should be paid for out of some other charge unrelated to water revenues because the Water Board can fcrsee the need for increasing water revenues and that would affect a lot of the old City and it would be better that they be connection charges for new developments and it would help defray the cost of future tanks for the David Johnson Development or other developments to the morth - it has not been studied where they would be located, but the need is obvious that if the City is to grow the money has to come from some place - currently it comes from water revenues and he did not feel that it would be too popular to increase water rates some day in order to defray the cost of elevated tanks as a part of a new development. It is tied directly to the building permit when it is taken out it falls into the cost of the home and not a cost to the developer. COUNCILMAN POWELL asked if we are also talking about a local SAC charge and MR. ELLIOTT stated that when the Metropolitan Waste Control returned SAC money to the City in a sense they are saying to the City of Stillwater that they are not ever going to have an interceptor in the City and that any planning that is to be done within the City or for the neighbors or potentially annexed land of that nature of oversizing or if a lift station is built larger that we have to figure out how to pay for it - that is what this proposes to do - develop some type of SAC charge - an amount that is unknown that could potentially be used in order to plan for the future. They would do this in connection with Ron Langness of Springsteds - he would such MAYOR JUNKER requested that Mr. Elliott put all of this information in a letter to the Council stating what the report will cover and try to develop an estimated cost of a report jointly with Springsted's. 7. The following bids were openedon Monday, May 21, 1979 at 4:00 P. M. by Jack Shelton and Dorothy Schnell for the removal of the diseased elm trees. The Advertisement for bids was published in the Stillwater Evening Gazette, the official newspaper of the City, on May 11, 1979. BID NO. 1 BID NO. 2 May 22, 1979 George Haines Tree Service 1141 East Cook Avenue St. Paul, Minnesota 55106 Bid Bond Price per Diameter Inch $8.19 Alternative No. 1 $1.83 stump Haines Tree Service, Inc. 9262 Otchipwe Ave. N. Stillwater Bid Bond Price per Diameter Inch Alternative No. 1 $6.89 $1.55 stump • • • • • 1 mi • • • 0 pol • BID NO. 3 Horak Trucking 186 Minnesota St. Bayport, Mn. 55003 Certified Check Price per Diameter Inch $8.00 Alternative No. 1 $1.00 per inch with fill and $15.00 for the sod On motion of Councilman Powell, seconded by Councilman Roger Peterson, a resolution was introduced "ACCEPTING THE LOW BID OF HAINES TREE SERVICE, STILLWATER FOR THE REMOVAL OF THE DISEASED ELM TREES IN THE CITY OF STILLWATER" and Mr. Kriesel was authorized to take whatever steps are necessary to issue obligations for the financing of the project. AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) MR. KRIESEL stated that they would continue the assessment procedure with some changes in the State monies - in the past we gave out more money than was actally the up to theHindividuals we we have leave the removal and the hauling. We would probably have to issue new obligations each year and this will not affect our net debt in anyway. He felt that the City should stay in the program and this is the best way to finance it. 8. On motion of Councilman Roger Peterson, seconded by Councilman Powell, a resolution was introduced EMPLOYING DELBERT KRUSE FOR :HE PUBLIC WORKS DEPART- MENT, AND EARL PLATTNER FOR THE PARKS AND PUBLIC WORKS DEPARMTMENT EFFECTIVE JUNE 4, 1979." AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) NEW BUSINESS 1. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, Nile Kriesel was authorized to sign the Title II -D and Title VlContracts for the CETA Employees which are currently working for the City from the Washington County Manpower Department. (all in favor) (SUB -GRANT NO. 27- 9410 -21 -4 F. 27- 9410 -60 -4) 2. On motion of Councilman Roger Peterson, seconded by Councilman Harry Peterson, the Council authorized the payment of $15.00 to Dianne Griffey, 511 West Maple, Street on a claim of printer's ink in a barrel at Staples Field. (all in favor) 3. was introduced "DIRECTING Bodlovick, seconded Councilman Powell, a resolution BILLS". AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson Powell and Mayor nun NAYS - -None (see resolutions) INDIVIDUALS - DELEGATIONS None at this time May 22, 1979 COMMUNICATIONS From Janis Edstrom objecting to the proposed David Johnson Development. (no action) NEW BUSINESS (continued) 4. On motion of Councilman Roger Peterson, seconded by Councilman Harry Peterson, the Council granted a 3.2 Beer Permit to the Stillwater Jaycees for Lily Lake Park for a Softball Tournament on June 15 and 16, 1979. (all in favor) 5. On motion of Councilman Harry Peterson, seconded by Councilman Roger Peterson, the Excavator's Bond in the amount of $5,000 was approved for Commercial Utilities, 2214 Berland Place, St. Paul, Minnesota 55119 (all in favor) 295 • • • • 1 r J • • 296 • May 22, 1979 6. On motion of Councilman Harry Peterson, seconded by Councilwoman Bodlovick. the Council granted a 3.2 Beer Permit to the Stillwater Elks Club for a steak t.y at Pioneer Park on June 16, 1979. (all in favor) APPLICATIONS On motion of Councilwoman Bodlovick, seconded by Councilman Powell, the following Contractor's Licenses were approved: (all in favor) Asphalt Driveway Co. 1211 Highway 36 East Blacktopping Renewal St. Paul, Minnesota 55109 D. C. General Builders (Dwayne Cardinal) 9919 - 206th St. No. Excavators New Forest Lake 55025 Clark Home Improvement, Inc. 659 Queen Avenue North General Renewal Lakeland, Mn. 55043 Frei Construction, Inc. 12525 - 62nd St. No. General New Stillwater Norman T. Berglund Construction 464 Second St., P. 0. Box 475 General New Excelsior. Mn. 55331 Horak Trucking 186 Minnesota St. Bayport 55003 Industrial Utilities,SItclwater 2348 Driftwood Lane, Simon 0. Johnson 5725 Oakgreen Ave. N., Stillwater Tom Landry Box 312, Somerset, Wisconsin Rite -Way Waterproofing, Inc. 7337 Lake Drive Lino Lakes 55014 D. V. Selfe Construction Co., inc. 1755 East County Road H -2 White Bear Lake 55110 Western Remodelers 2529 Nicolletkvenue, Minneapolis 55404 Gary Teed 10155 Perkins Ave. No., Stillwater Tree Trimmers Renewal Excavators Renewal Masonry & Brick Work Renewal Landscapers- Blacktopping New Water - Proofing Renewal General Renewal General Renewal Masonry & Brick Work Renewal CITY CLERK'S REPORT 1. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the City Clerk was directed to notify the Downtown Retail Council that the City Council has no objection to their having a boxing match at the Stillwater National Guard Armory on Friday, August 3, 1979. (all in favor) 2. On motion of Councilwoman Bodlovick, seconded by Councilman Harry Peterson, the date of June 5, 1979 at 7:30 P. M. was set for the public hearings for the follow- ing Planning Commission Cases: Case No. 358 - Stan Hanks - Special Use Permit for an apartment 'building at Third and Olive Streets. Case No. 359 - Mary Glennon, 923 Fourth Avenue South for a variance for a deck (all in favor) CITY COORDINATOR'S REPORT 1. MR. KRIESEL asked the Council regarding the date for the second meeting in June since the first one was moved to June 5th - the Council agreed that the second meeting would be held on June 26th. A PEI el - b • ass L • • • • • • el • • a sio May 22, 1979 2. City Attorney0madeithenfirstlreadingnbydtitleoo fcanmordinance entitled the AN ORDINANCE AMENDING ORDINANCE NO. 505, AN ORDINANCE ESTABLISHING A RUBBISH DEPOSIT SYSTEM FOR THE CITY OF STILLWATER, PRESCRIBING REGULATIONS FOR THE SAME AND PRESCRIBING PENALTIES FOR VIOLATION OF ITS PROVBIONS ". (all in favor) CONSULTING ENGINEER'S REPORT 1. Mr. Elliott reported that Mr. Moore has all of the reports completed for tte improvement of Lookout Street which was authorized by the City Council last October, and they were withholding same until the new plat for a portion of Radle's Sunnyslope Addition was completed and this would be a seven axel ton - thirty foot wide street in that area including some water services and sewer services required. If the field surveys should reveal that there are any other minor right -of -way problems, that at the hearing that the people abutt- ing would grant the easements to accomplish the construction. There have been so many unknowns that he would like to leave this matter open at the time of the hearing. He further reported that he did get from Mr. Swager as requested the proposed layout and existing street and they have a 45 foot cul -de -sac in the new plat with the contour lines which gives him a lot of information for tbeir preliminary reports. Norris Swager will be here at the next meeting with the preliminary plat based on this information. Pm On motion of Councilman Roger Peterson, seconded by Councilman Harry Peterson, a resolution was introduced SETTING THE HEARING DATE FOR I 1, LOCAL IMPROVEMENT NO. 167 FOR THE IMPROVEMENT OF LOOKOUT STREET FOR JUNE 26, 1979 at 7:30 P. M." AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson, Powell and Mayor Junker NAYS- -None (see resolutions) 2. MR. ELLIOTT asked for authorization for Mr. Kriesel, Mr. Shelton and himself to appear before the Minnesota Pollution Control Agency requesting data relative to potential funding of Lily Lake and McKusick Lake Improvements. He stated that there have been substantial grants given out in the past, some currently in the Roseville and Arden Hills area for well over a million dollars for lake rehabilitation. He felt with the development of the area tributary to Lily Lake and all that we have heard on McKusick Lake, he felt that it would be worth going over there for. On motion of Councilman Roger Peterson, seconded by Councilman Harry Peterson, the Council authorized Mr. Kriesel, Mr. Shelton and Mr. Elliott to appear before the Minnesota Pollution Control Agency Staff to request data relative to potential funding for improvements at Lily Lake and McKusick Lake. (all in favor) 3. MR. ELLIOTT reported on the Frontage Road in the vicinity of the Industrial Park - the plans are completed and have been turned over to the Highway Department - it will require about sixty days for them to develop a cooperative agreement to share in the cost - his estimate was $240,000 and their estimate was about $45,000. They will be paying the total cost of the frontage road and they are trying to rectify their low estimate. 4. MR. ELLIOTT reputed that the Highway Department stated that they would oulde in the Downtown Parking Lot in the way of putting curbs along *he finish that off. He understands that not until July 1st will they have funds for that, so he would have the plans before the Council until after July 1st so MO that they can have some assurance from the State whether they will participate - if it appears that they are not going, to participare this year, he would recommend that the Parking Lot be constructed and the State do their construction alone the following year, but it would be ideal to tie the two together. 5. MR. ELLIOTT reported on the stock pond that is being developed in the Industrial Park area - when they first started on this project they dealt exclusively with a firm called Land -Tech with their architect and their engineer as to how that land would be graded and the pond would be graded - they reserved the right to grade the pond. Three weeks ago they were informed by the Hooleys that that firm is only under option and this option was extended to October of this year - they left the grading of that pond out of the contract because they wanted to grade it and now we are sitting with a storm sewer inlet and an outlet from the pond which has a potential mound of black dirt in between it. He requested authorization on the basis that any costs that are incurred would be assessed directly to that property - authorication to prepare a change order at this time for excavation of the pond. He has a quotation from the contractor on grading the pond in its entirety to create the volume required by the arrangements with Land -Tech it would cost nearly $14,000. N 99 • • • • 1 • • r • 1298 To grade a limited ditch between the inlet pipe and the outlet pipe would probably be a day or two's work which is a substantial difference. He talked to Hooleys and so long as it is assessed to the property, they don't care because it will be pciked up by the purchaser. He stated that they would like to talk to Land -Tech Corporation and hopefully organize the grading of the pond through them with the City contractor and put it on the assessments against that property - there would be no cost to any of the other properties in the area. If they would prefer at this time to reserve the right to grade the pond to their own standards, creating the volume that we require and only grade the ditch that would be the minimum work - really talking about a Change Order on an hourly basis with a cost of $1,000 minimum betweenaWashingtonuAvenue14Industrial Park 1 and s North Qnd to the Street. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the Council authorized Mr. Elliott to prepare the necessary Change Order for the grading of the stock pond in the Stillwater Industrial Park and the cost to be assessed property owners, Land -Tech, Inc. 6. MR. ELLIOTT inquired of the City Council if the Township has taken a position on the improvements for Interlachen Plat No. 1 and 2 utilities and he was informed that they are having a hearing on this improvement on Thursday, May 24th, but they are opposed to any sewer assessments for the lift station to any of the properties in Stillwater Township. at this time, butdsometimeointthe futurenandtthat property thproposed SAC charge would take care of this PUBLIC WORKS No report PUBLIC SAFETY No report May 22, 1979 COMMITTEE REPORTS PARKS AND RECREATION MR. BLEKUM reported that shortly after the Ice Arena was closed the water from Lily Lake was running into the Greeley Street Lift Station and they have put a plug in the manhole and on June 1st when they start making ice for the hockey school, this will have to be unplugged and if the lake level has not gone down, it will again run into this lift station. (No action taken at this time on this problem) AI • CITY ATTORNEY 1. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the City Finance Director /Coordinator was directed to send out the Wharfage Permits to the Jubilee and The Discovery for their signatures. (all in favor) c. 2. MR. MAGNUSON stated that Rivertown Restoration has brought a motion that will be heard in the District Court in which they want to reduce the amount of the bond - this is required in any case when an injunction is issued - the bond was set at $10,000 - the bond is to indemnity for attorney fees and another other damages that we could sustain - they want to reduce the bond from $10,000 to $2,500 - he had planned to rescind the motion, but felt he should bring it to the Council's attention so that they know what he is doing on it. COUNCILWOMAN BODLOVICK & MAYOR JUNKER did not feel that the bond should be reduced. COUNCILMAN POWELL AND ROGER PETERSON felt that it should be reduced. COUNCILMAN HARRY PETERSON asked what difference it would make and MR. MAGNUSON stated that Jack Hooley called him and he stated that he was told by Mr. Del Peterson that when he put up the money, the money would be for thirty days and that if the City planned to go to court that Rivertown Restoration would back out of the lawsuit - Jack Hooley wants his money back because the people have not lived up to their promises. He felt that what it would mean is that they would either have to come up with another $7,500 of their own money or cash bond or some type of corporate surety bond which would be expensive for them. He felt that it was a tactical advantage that we resist the motion. COUNCILMAN ROGER PETERSON felt that we ;.re trying to win on the merit of whether or not that building should be saved or not saved and not on any tactical motion that can be used by either attorney. • • • • • • 0 w May 22, 1979 there hearings asked that the would issued tomorrow? MR. MAGNUSON stated - "absolutely not ". It is just a motion or testimony which is limited to the specific issue as to whether the bond should be reduced - we have made a motion and it has been granted that the case be given priority on the trial calendar - that it would be set immediately for trial, but he has not received any word from the court and he is hopeful that it will be set soon - he has done everything to speed up the trial. On motion of Councilman Powell, seconded by Councilman Roger Peterson. that the City Attorney consent to the reduction in the RTR Bond from $10,000 to $2,500. COUNCILMAN HARRY PETERSON stated that we have a bond posted by Del Peterson - Mr. Magnuson corrected him and stated that it was posted by Rivertown Restoration and the party that has the injunction and the bond consists of $10,000 in cash, $7,500 of which has been put up by Jack Hooley - the bond could either be corporate surety or cash and in this case it is cash. It is to indemnify the party in joint against damages if the injunction is found to be lawfully entered by the courts. The normal elements of the person's damage are attorney fees defending the action - expenses we have incurred during the time that the in- junction has been enforced that we normally would not have had if we had disposed of the property - in this case if we lose the Kilty sale for $10,000, a potential loss of interest in seeing that the the itaca point of view we have an be VOTE ON THE MOTION - AYES -- Councilmen Harry Peterson, Roger Peterson and Powell NAYS -- Councilwoman Bodlovick and Mayor Junker (Motion carried) 2. MR. MAGNUSON reported to the City Council that he did see a plat of Mr. Leitte's property of Penthouse area - we are not only dealing with him, but eight other people who are owners up there - there are a lot of problems with it - 30 foot streets that he plans to dedicate - drainage easements - a lot of grade problems - he felt that the thing to do is to call a meeting and he would like to have at least one of the Council members present - the surveyor, Duane Elliott and all of the owners of the property in Penthouse Acres should be at this meeting to get their consent on the City's platting. COUNCILMAN ROGER PETERSON asked why there is a need to have all of the property owners there and MR. MAGNUSON stated that all of the owners of the plat have to sign it - there are people arguing over where the stakes are and they can't agree and the surveyor is suggesting that we get weryone's agreement - we are dealing with him - we are dealing with the people who bought property from him. COUNCILMAN POWELL indicated that the first problem was when the City allowed him to sell the first lot. MR. MAGNUSON suggested that the City decide on the design that is wanted - then talk the people into giving them the necessary right -of -ways - some cases we have the agreement and consent that they will cooperate and go along with the platting, but in other cases , , , Mr. Magnuson was directed to setup this meeting sometime next week. 3. MR. MAGNUSON reputed to the City Council regarding the James Melton property on which we have had nothing but complaints - it was a ninety foot wide property and we have taken thirty feet of it - it was an easement - private easement for a public purpose - we have agreed to have one -half of the market value at $1.50 per square foot until they discovered that they had a non - conforming lot - now they need 100 feet to establish any kind of a commercial establishment in the area - they can't add on - they build on and in effect he felt that the use of his property has been destroyed. He suggested to the Council that they take that entire property and pay him for it and remove the non - conforming use which is an eyesore in the Industrial Park and re- assess the assessment on the Industrial Park Phase I and assess all of the property that is benefited. Both Hooleys and Kern are concerned about it. It would take more than $44,000 for this. The City agreed to give him the $8,500 and the very nest night he went to the Joint Powers and wanted a p ohe d was told it was a non - conforming and and he called his lawyer and the deal Discussion was held about purchasing this property and Mr. Magnuson felt that we auction it off and sell it to accrue to the adjacent property owners - it is no but to he acquire it. It was t agreed t that he legitimate e need it, - offer it to claim. On motion of Councilman Roger Peterson, seconeed by Councilman Powell, the City Attorney was instructed to negotiate with James Melton concerning the acauistion of the entire parcel of property. (all in favor) 2 . • • • • ��300 • May 22, 1979 COUNCIL REOUEST ITEMS 1. COUNCILMAN POWELL questioned whether the City has billed Reliance Development for the engineering fees and when will it be done. He felt that we should not wait too long to bill than for that - we are getting to a point now that we don't know if they are going through with it. COUNCILMAN ROGER PETERSON felt that they should be aware of the fact that they owe us this money now. On motion of Councilman Roger Peterson, seconded by Councilman Powell, that the City bill Reliance Development for the engineering costs through April 30, 1979 for the preliminary work done for their development. (all in favor) 2. COUNCILMAN POWELL again pxposed the hiring of a Community Service Officer for the Downtown and he moved to introduced a RESOLUTION HIRING A COMMUNITY SERVICE OFFICER - CHERYL ELLIFSON" (motion died for the lack of a second) 3. COUNCILMAN HARRY PETERSON asked Mr. Gannon about the storage of cars on the east end of McKusick Lake which has been leased to The Harbor, and he assumed that they belong to Mr. Gannon. MR. CANNON stated at the present time he has only a red Mustand there and the truck is not his. COUNCILMAN PETERSON did not feel that vehicles should be stored there - it prevents one from looking at McKusick Lake - he requested that the Police check the owners of these other vehicles. CHIEF ABRAHAMSON asked legally how can he get these vehicles out of there and MR. MAGNUSON stated that there is no ordinance regulating that particular park and Mr. Wendorff has not paid for the leasing for this property for at least two years. Instructions were given that a letter be sent to Mr. Wendorff termianting his lease since he has not made payment of same for several years. MR. MAGNUSON felt that we should be careful about towing vehicles out of there and CHIEF ABRAHAMSON stated that if they are properly licensed and are parked there, he could find out who the owners are. MR. BLEKUM stated that they should clear the vehicles out of there and then have it designated as a park and then they could have control over it. 4. On motion of Councilman Harry Peterson, seconded by Councilman Roger Peterson, the Council appointed Shirley Tibbetts and Bill Fredell as members of the Heritage Preservation Commission, as recommended by the Planning Commission. (all in favor) 5. MR. KRIESEL asked the Council about people who go away three or four months out of the year and in the past we have still billed then even though the garbage containers are empty and apparently we have always billed them. MAYOR JUNKER questioned if Dunker Sanitation would agree to this and MR. KRIESEL will check with James Junker and report back to the Council on this matter. ORDINANCES First Reading - Amending Ordinance No 414 - Dutch Elm Ordinance - Amending Ordinance No. 505 - Rubbish Deposit System RESOLUTIONS The following resolutions were read and on roll call were unanimously adopted: 1. Directing the Payment of the Bills. 2. Employing Light Equipment Operators - Delbert Kruse and Earl Plattner 3. Accepting the Bid for the Tree Removal - Haines Tree Service 4. Ordering the Hearing on Lookout Street - L. I. No. 167 (June 26, 1979) ADJOURNMENT On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the meeting adjourned at 10:15 P. M. i Attest: Ci Clerk Mayor w e 0 • • •