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HomeMy WebLinkAbout1979-06-05 CC MIN• • '302 COUNCIL CHAMBER Stillwater, Minnesota REGULAR MEETING The meeting was called to order by President Junker. The Invocation was given by the City Clerk. Present: Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson, Powell and Mayor Junker Absent: None Also Present: City Finance Director /Coordinator. Kriesel, City Clerk. Schnell; City Attorney, Magnuson; Superintendent of Public Works, Shelton; Public Safety Director, Abrahamson; Director of Parks & Recreation. Blekum; Consulting Engineers. Elliott and Moore; Chairman of the Planning Commission, Farrell; Building Inspector, Niska Press: Citizens: June 5, 1979 7:30 P. M. Stillwater Evening Gazette, Liberty Free Press - Joseph Lux WAVN - Gary Larson Phil Easton, Norris Swager, Mary Glennon, Bill Pauley, Les Stepan, Stan Hanks, Jim Gannon, George Wohlers, Richard Witham, David Rlegin and other residents from Croixwood in the vicinity of the Knoliwood Court Park. INDIVIDUALS - DELEGATIONS 1. NORRIS SWAGER appeared before the City Council with the preliminary plat for the Radle's Hilltop Addition with the changes which were recommended by Mr. Elliott and the City Council. Regarding the drainage Mr. Elliott indicated that there is a forcemain on Echo Lane which can be used to pump the pond in the area. MR. SWAGER stated that they are interested in the vacation of Sunnyslone Lane on the west but due to the fact that some of this property is being settled in court they are not ready to do this at this time and that they would be willing to make Outlot A a part of this street if it should be built at some future date to make it wider. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the Council accepted the preliminary plat for Radle's Hilltop Addition to the City of Stillwater as presented. (all in favor) 2. PHIL EASTON appeared before the City Council offering the property which he owns at Third and Olive Streets to the City to be used for a platform parking lot for the City. He said that this would make a lot of business men on the west side of Main Street happy with this additional parking - he is offering the City of Stillwater the firsr option at a price of $50,000 - he has another offer but did not know what the other party proposes to do with the property. MR. ELLIOTT stated that he would like to have Glen Van Wormer and Carl Walker look at the property and appraise it as to whether or not the space would fit a potential ramp site. A parking ramp was recommended in Willmar and he feels that the City of Stillwater has a comparable situation and it can't be done unless the City has the property. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council set a tentative meeting date for Tuesday, June 12, 1979 at 6:30 P. M. for a meeting on the parking ramp. (all in favor) MR. MGANUSON felt that it would be advisable to seek an appraisal, but after some discussion the Council felt that they should wait until after the meeting on the 12th - 3. RON LANGNESS appeared before the Council regarding the sale of $100,000 Diseased Tree Control General Obligation Improvement Bonds. He solicited for these within the community from the three banks and the lowest bid came in from Northwest Bank with an interest rate of 5.35 %. There will be two sales with the second one in September after most of the work is completed. The assessments collected will be adequate to pay this bond issue and if they are not adequate to cover, then there should be a tax levy for the last year of the bonds. The Maximum levy would be $17,000 at 6 percent. s L., L • a • • 4 • • • /1 June 5, 1979 On motion of Councilman Powell, seconded by Councilman Roger Peterson, a resolution was introduced "RELATING TO A $100,000 DISEASED TREE CONTROL GENERAL OBLIGATION IMPROVEMENT BOND: AUTHORIZING THE ISSUANCE THEREOF PURSUANT TO MINNESOTA STATUTES, CHAPTER 18.023, SUBD. 7, MINNESOTA STATUTES, SECTION 429.091, AND MINNESOTA STATUTES, SECTION 475.60, SUBD. 2" AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, a resolution was introduced "SETTING THE INTEREST RATE FOR THE ASSESSMENTS FOR THR REMOVAL OF DISEASED TREES AT SIX PERCENT ". AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson, Powell and Mayor Junker NAYS: None (see resolutions) 4. A complaint had been filed with the City Coordinator about the signing of the Knollwood Court Park. David Klegin, 900 Knollwood Court was the spokesman for the group, along with several others who were not identified - he felt that everyone in the area knows that it is a park enti_nce, but Mr. Kenneth McKenzie of Hidden Valley Court states that the park is for the use of all of the residents in the City of Still- water and also that his daughter was stopped from going into the park. Considerable discussion followed between the Council and the residents in the area. They complained about the fact there are no signs on some of the other Pm parks in the area. Questions were raised as to why they were not notified earlier of this hearing and they were informed that this was not a public hearing. • The people were agreeable to having all of these park entrances signed with the proper signs for entrances and "No Motorized Vehicles ". On motion of Councilman Roger Peterson, seconded by Councilman Powell, the Director of Parks and Recreation was authorized to install two signs on the park off Knollwood Court and this was agreeable to all of the people in attendance. (all in favor) PETITIONS On motion of Councilman Powell, seconded by Councilman Roger Peterson, the Council accepted the petition for the vacation of a portion of Stillwater Avenue in the Cooper's Addition and set the date of July 10, 1979 at 7:30 P. M. for the public hearing. (all in favor) PUBLIC HEARINGS 1. This was the day and time for the public hearing on Case No. 359 for a variance for a deck for Mary Glennon, 923 Fourth Avenue South. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on May 25, 1979 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. No one appeared in reference to this request - Mary Glennon, the applicant, was in attendance - the Planning Commission granted the variance on June 4, 1979. The Mayor closed the hearing. On motion of Councilman Roger Peterson, seconded by Councilman Powell, the Council followed the recommendation of the Planning Commission and granted the varianced to Mary Glennon to build an attached deck to within three feet of the south property line. (all in favor) 2. This was the day and time for the public hearing on Case No. 358 for a Special Use Permit for a Ten Unit Apartment Building at the southeast corner of South Third and Olive Streets. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on May 25, 1979 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing Questions were raised by the Council members regarding the variances which were detailed in the memo from the Building Inspector, namely the floor area ratio, recreational areas and parking spaces. • 303 \ • • • • 304 June 5, 1979 MR. STAN HANKS indicated that he could provide for the additional parking spaces on the outside of the building without any problems and he intends to put in picnic tables and other recreational facilities on the east side of the building with a patio area for the use of the tenants. MR. MAGNUSON suggested that there be a hearing on the variances and that the density requirements in the ordinance were set after some study on the matter - either the ordinance makes some sense or it should be ignored. This is a high density building and it proposes twice as much as the ordinance requires. MR. NISKA stated that the same type of variance was granted for the Hi -Rise in downtown. MAYOR JUNKER felt that nothing else could be built there and this is an ideal situation for an apartment building. COUNCILMAN ROGER PETERSON asked Mr. Hanks if he had any construction time. He felt that it was only fair to let the neighbors know about the variances and also he questioned what type of refuse structure and Mr. Hanks indicated that there is ample room for a small dumpster on the lower basement level of the • building for same. COUNCILWOMAN BODLOVICK reported on the action by the Planning Commission - that the Council wollow all the recommendations setforth by Mr. Niska - the matter of the Parks dedication be at the discretion of the Council. MR. HANKS asked that this amount not be $500.00 per unit. MR. MAGNUSON stated that the ordinance requires that 10% of the gross area of the project shall be designed, developed and maintained for recreation pruposes, such as children's play apparatus, swimming pools, game areas, tennis courts, etc. and in addition to this ten percent, the sum of $150.00 per dwelling unit to aid in the provision of the increased recreational facilities which are necesstated by growth in the City's population resulting from the development. These monies shall be earmarked for capital improvements. MR. HANKS indicated that there is ample room for same and MR. MAGNUSON added that it just can't be open greenspace. Mr. Hanks stated there will be barbecue grills and tables out in this area. He does not intend to put in slides and swing sets or such equipment. MAYOR JUNKER suggested a figure of $200.00 per unit. COUNCILMAN POWELL questioned the variances and whether or not there will have to be another hearing on these. COUNCILMAN ROGER PETERSON stated that assuming that the Special Use Permit was granted, then he would have to come back and ask for variances. Questions were asked about the floor ratio variance which would be double from what the ordinance requires. This was followed by considerable discussion. There were other buildings in the area that are in violation of the ordinance, but they were grandfathered in. On motion of Councilman Powell, seconeed by Councilman Roger Peterson, the Council continued the hearing on the Special Use Permit for Stan Hanks until the nest meeting (June 26, 1979) and that proper notices be sent out on the variances. (all in favor) MR. MAGNUSON Had stated that if they granted the Special Use Permit, then they would not be able to deny the variances and he recommended that they not make a decision this evening. THE MAYOR DECLARED A RECESS FROM 8:45 to 8:55 P. M. UNFINISHED BUSINESS 1. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, a resolution was introduced "ORDERING THE MPROVEMENTS UNDER LOCAL IMPROVEMENT NO. 152 AND DIRECTING THE CLERK TO ADVERTISE FOR BIDS RETURNABLE JULY 10, 1979" AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) MR. MOORE AND MR. ELLIOTT reported to the Council that the agreements have been reached on the proposed vacation of a portion of Stillwater Avenue that will be a part of this project. This will reduce a portion of the cost of the improvement 2. On motion of Councilman Harry Peterson, seconded by Councilman Powell, the contract for the Resurfacing and Colorcoacing of the Croixwood Seventh Additional Park was awarded to Tennis West, Ltd., Mound, Minnesota as recommended by Mr. Blekum. (all in favor) • 5 s- e.. 0 • • • e' 414 June 5, 1979 305' 0 5 J e • r 0 PO w 3. On motion of Councilman Powell, seconded by Councilman Roger Peterson, the City Attorney made the second reading of an ordinance entitled AN ORDINANCE AMENDING ORDINANCE NUMBERS 303, 325 and 360 PROVIDING FOR THE LICENSING AND THE OPERATION OF TAXI -CABS. The ordinance was read section by section followed by roll call after each section and all members of the Council voted in the affirmative. The chair then put the question, "Shall this ordinance pass ?" and on roll call the ordinance was unanimously adopted. (Ordinance No. 575) 4. There was considerable discussion regarding the possible second reading of the ordinance regarding the storage of elmwood. They were in agreement that any trees that the City's contractor takes down could not be kept and stored as it creates many problems. MR. MAGNUSON stated that it has always been the State Law that it cannot be stored unless it is debarked. No permit is required if the wood is debarked. MR. SHELTON stated that all of the complaints that he has received have been from trees that haves been Left at the request of the property owner and they were unable to cut them up or had the trimmings which he expected the contractor to remove at a later date. the last year's contract is over and it is tough to get him to go back and take these out now. MR. MAGNUSON stated that anyone now that is storing wood is in violation of the State regulations - this would relax the regulations somewhat. Discussion was held as to whether or not we were doing our part in this program by the removal of the areas as the outlying areas are not removing them. Questions were raised to where people are going to haul their trees if they take them down on their own. MR. SHELTON felt that we should have the ordinance and when the notices are sent out and they respond that they are going to take down their own trees, then the City is going to have to find out if they plan to store the wood for burning and then he should have to pay a fee to store it. There was concern about trees that are not be5ng removed in the outlying areas and also the fact that the debarking is a tough job and could present some problems. It was agreed that they would eelay the second reading of this ordinance until the next regular meeting. 5. On motion of Councilman Roger Peterson, seconded by Councilman Powell, the City Attorney made the second reading of an ordinance entitled "AN ORDINANCE AMENDING ORDINANCE NO. 505, AN ORDINANCE ESTABLISHING A RUBBISH DEPOSIT SYSTEM FOR THE CITY OF STI'LLWATER ". The ordinance was read section by section followed by roll call after each section and all members of the Council voted in the affirmative. The chair then put the question, "Shall this ordinance pass?" and on roll call the ordinance was unanimously adopted. 6. On motion of Councilman Powell, seconded by Councilman Roger Peterson, a resolution was introduced "DIRECTING THE CLERK TO ADVERTISE FOR BIDS, LOCAL IMPROVEMENT NO. 168 ". AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson, Powell and Mayor Junker NAYS- -Non (see resolutions) IMP NEW BUSINESS 1. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council approved the License and Permit Bond in the amount of $5,000 for Industrial Utilities, Inc., Stillwater, Minnesota. (all in favor) 2. On motion of Councilman Powell, seconeed by Councilman Roger Peterson, a resolution was introduced "DIRECTING THE PAYMENT OF THE BILLS" AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson, Powell and Mayor Junker NAYS- -None (see resolutions) 3. On motion of Councilman Roger Peterson, seconded by Councilman Powell, the Council set the date of June 26, 1979 at 7:30 P. M. for the following Planning Commission cases: Case No. 360 - John M. Lyon, 428 South Broadway - Garage Variance Caee No. 361 - Dr. Ronald Pizinger, Interlachen Drive - swimming pool variance (all in favor) e • • • t • 306 • June 5, 1979 4. There were no other Planning Commission items at this time. INDIVIDUALS - DELEGATIONS - continued BILL PAULEY appeared before the Council regarding a possible hearing for Industrial Bonding for a Racketball Court and MR. MAGNUSON stated that he was unable to find anything in the law regarding same. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council authorized a possible hearing on June 26, 1979 at 7:30 P. M. if required for the Industrial Bonding for the Racket - ball Court. (all in favor) APPLICATIONS On motion of Councilman Roger Pterson, seconded by Councilwomr Bodlovick, the following Contractor's Licenses were approved: (all in favor) Walter LaRoche & Dewey Dau 14760 Scandia Trial No., Scandia 55073 General Renewal Lehmann Construction Co. 304 West 13th St., Basting 55033 Lawrence LeTourneau 14770 - 130th St. No., Stillwater John L. & Allen Peterson R. R. #2, New Ricjmond, Wisconsin 54017 St. Croix Valley Pools, Inc. Richard W. LaCasse 13481 - 60th St. No., Stillwater Western Construction Co. 6960 Wayzata Blvd., Room 221 Minneapolis, Mn. 55426 General New Masonry & Brick Work Renewal W Roofing Renewal Swimming Pools General Renewal Renewal - -- GERALD COOK, 6664 Argus Square Bayport, Minnesota had applied for a renewal of his Roofing License and there was discussion on some of the problems that the City is having with him - he is not pulling permits for his jobs and also there was a complaint on a job in Croixwood that he never finished. Mr. Niska has only received the one complaint since last year when he was before the City Council on his license. MAYOR JUNKER asked that we withhold approval of his license until the next meeting and find out what the problems are with Mrs. Kittleson's roof and any others and if necessary he could request a hearing before the Council. COMMUNICATIONS - - -From Catherine Buck, Stillwater Town Board Chairperson, to set a mutually agree- able time slot for joint meetings. COUNCILMAN POWELL inquired about getting an Attorney's General opinion regarding the annexation of property outside of the Joint Powers Agreement and MR. MAGNUSON felt that there could be a mandate for a change in the Orderly Annexation Agreement which would take care of this. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the Council directed that the Finance Officer and the Mayor figure out what dates arereasonable to meet and send a letter to the Township Board for their approval. (all in favor) - - -From the Minnesota Historical Society regarding a public hearing on June 14, 1979 - 7:00 P. M. on the nomination of the Nelson School for the National Registry. (no action) - - -From Marie and Grace Stanek regarding the new Dump Box Service - oposing same. COUNCILMAN POWELL suggested that they be informed that the opinion of the .majority in the survey was followed - that is in the terms of the survey they wanted the user to pay, although the charge was larger than some of the Council memgers had anticipated. re It UPI L 0 0 • • In • • 0 June 5, 1979 • CITY CLERK'S REPORT 1. On motion of Councilman Powell, seconded by Councilman Harry Peterson, a resolution was introduced "EMPLOYING TRACY JOHNSON AS A CONCESSION STAND ATTENDANT AT THE LILY ,AKE RECREATION CENTER ". AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson, Powell and Mayor Junker NAYS- -None (see resolutions) CITY COORDINATOR'S REPORT 1. On motion of Councilman Powell, seconded by C- uncilwoman Bodlovick, the Council set the fee for the rental of the Sewer Rodder to Oak Park Heights at $65.00 per hour for regular hours and $100.00 for emergency calls with an agreement to be worked out between the two attorneys. (all in favor) 2. On motion of Councilman Powell, seconded by Councilman Roger Peterson, the claim from David Schwartz for damage to his car at Pioneer Park was directed to be sent to McGarry- Kearney Insurance Agency. (all in favor) 3. Discussion was held about making improvements at Kolliner Park and making application for Grant Monies to make further improvements. COUNCILMAN HARRY PETERSON did not feel that it would be worth while to improve this park unless we have 24 hour police protection and COUNCILMAN POWELL AGREED Pm with him one - hundred percent. CHIEF ABRAHAMSON stated that they had discussed this evening at the Public Safety meeting and the comments have been that why these people were not brough into jail and he stated that they cannot do this because of the juris- diction problem from one state to another - it is a real problem - some of the Jaycees are really upset - they do not have the manpower to be over there as much as they are talking about. MAYOR JUNKER asked that the Council meet with the Jaycees on June 12th after the meeting with Mr. Easton and see if something can't be worked out with them to do something with it. MR. BLEKUM stated that when the Jaycees took this over they were told that they would have to have a constant patrol over there - caretaker there - they are going to have to work with St. Croix Township on this. CONSULTING ENGINEER 1. MR. ELLIOTT reported to the Council on the Edgewood Ditch improvement and he will contact Orrin Thompson on this matter tomorrow. 2. MR. ELLIOTT reported to the Council that he is working on the WAC and SAC Study and should have something ready at the next meeting. 1 3. MR. ELLIOTT reported on the frontage road by the Stillwater Industrial Park to be put in by the State which they were going to pay the full cost of $45,000, but now the costs are $245,000 and they are or will be asking the City to parti- cipate in the cost of a portion of the current driveway into the Park. They are looking for a way to eliminate some of the cost and that amount is $28,000. He stated that this could be taken from Municipal State Aid Funds and that the City shouls soon be in receipt of this request. 4. MR. ELLIOTT reported that the utilities are about completed in Phase II of the Industrial Park - everything is on schedule. 5. Mr. Elliott reported that the watermain on Nightingale Blvd. has been constructed. COMMITTEE REPORTS PUBLIC SAFETY 1. CHIEF ABRAHAMSON stated that ten meters have been repaired and they have twenty to go. They have 21 new spaces for meters and six of them will be on Water Street. He is proposing to order self - winding meters at a cost of $59.00 per head and will put them into the budget. There was discussion about purchasing self- winding meters as that will necessitate the purchase of additional repair parts and we have a stock of supplies for the current meters. Questions were raised about ordering some of these meters on a trial basis. PUBLIC WORKS No report 307` • e • • • 308 PARKS AND RECREATION 1. MR. BLEKUM reported that the beach at Lily Lake and the Hockey School will open on Saturday. ADMINISTRATIVE COMMITTEE No report June 5, 1979 COUNCIL REQUEST ITEMS 1. COUNCILWOMAN BODLOVICK inquired about the sidewalk on South Greeley Street between the apartments and Orleans Street which were not incouded in the proposed improvement of County 66 - this would be adjacent to the ambulance service building. This is for about a length of 100 feet. Questions were raised about having a hearing and having it added to the improve- ment, but the contracts have been let. Chuck Swanson will send a letter to the City on this matter. MAYOR JUNKER asked that Mr. Elliott call Mr. Swanson on this matter. On motion of Councilwoman Bodlovick, seconded by Councilman Powell, a reso -ution was introduced "ORDERING THE IMPROVEMENT OF COUNTY ROAD NO. 66, LOCAL IMPROVEMENT NO. 171 AND ALSO THE IMPROVEMENTS ON 63RD STREET ". AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 2. MYOR JUNKER informed the Council that he received a letter from Pauline Webster of the Library Board regarding the retiring of Ann Kitzmiller from the Library Board and they submitted three candidates for possible replacements and action will be taken at the next regular meeting. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, that a letter be sent to Ann Kitzmiller thanking her for the years that she has served as a member of the Library Board. (all in favor) QUESTIONS FROM THE PRESS None ORDINANCES Second reading - Taxi -cab Licensing - Ordinance No. 575 - Amending Ordinance No. 505 - Dump Boxes (Ordinance No. 576) RESOLUTIONS The toliowing resolutions were read and on roll call were unanimously adopted: 1. Directing the Payment of the Bills 2. Award the Contract for the Removal of Diseased Elm Trees (repass) *3. Order the Utility Improvements and Advertise for Bids, L. I. No. 152 (Cooper's Addition) 4. Sale of Bonds for Dutch Elm Removal *5. Interest Rate for Dutch Elm Removal Assessments 6. Employ Tracy Johnson as Concession Stand Attendant *7. Order the Improvements for County 66 - S -uth Greeley Street and 63rd Street ( repe - s) *8. Advertise for Bids, Local Improvement No. 168 - North Harriet Street Sewer * Not published in the required time - repassed on June 12, 1979. ADJOURNMENT - On motion of Councilman Roger Peterson, seconded by Councilman Powo11., the meeting adjourned at 10:10 P. M. Attest: , x 1 City Clerk Mayor NoI AI P-1 Ma 0 0 • • 1 1