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HomeMy WebLinkAbout1979-06-26 CC MIN• • w 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 H. Peterson, R. Peterson, Powell and Mayor Junker Absent: Also Present Press: Citizens: None June 26, 1979 7:30 P. M. City Finance Director /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 Stillwater Evening Gazette, Liberty; Free Press, Joseph Lux; WAVN, Gary Larson Marty Anderson, Mr. Schroeder, Harold Kimmel, Greg Gerard, Mark Campbell, George Wohlers, Mr. & Mrs. Linden Terwillinger, Helen Goldberg, Mr. & Mrs. William Hicks, Dick LaCasse, Stan Hanks, John Lyon, Jim Gannon, Scotty Montbriand, Don Beberg, Les Stepan, Bill Hahn INDIVIDUALS - DELEGATIONS 1. HAROLD KIMMEL appeared before the City regarding the Cable T. V. Franchise which was originally issed to F. M. McCarten in 1968 and then in about 1971 it was assigned to a corporation known as Mainline, Inc. and nothing has happened to that frachise. Similar franchises were issued in Oak Park Heights and Bayport and that one of the conditions of that franchise was that construction begin immediately and be completed within one year. There are four years to run of the franchise and nothing has occurred. He and Mr. Gerard were here to suggest that the City of Stillwater reconsider the issue - they feel that Cable T. V. is a viable service for the St. Croix Valley community. He asked that the Council consider two possibilites (1) revoking that franchise - there is a thirty day notice provision indicating that they are in default in compliance; (2) consider the possibility of entering into a Joint Powers Agreement with Oak Park Heights and the City of Bayport and the City of Stillwater for the purposes of issuing a new Cable T. V. Franchise. GREG GERARD, Croix Cable Television, distributed a detailed report on Cable T. V. and he requested that the Council designate someone that he and Mr. Kimmel could meet with - like the Council to consider the Joint Powers Agreement and he would like the Council to consider an Advisory Cable Board (appointees to that Cable Board) - Mr. Kimmel will be their legal counsel. Croix Cable Television consists of James Goetz and Greg Gerard. He is about to file what is called the "Cable Service Territory" with the State of Minnesota which starts the ball rolling - this process takes a minimum of 180 days before construction can begin. COUNCILMAN HARRY PETERSON asked if any attempt had been made to get a voluntary surrender of the franchise and MR. KIMMEL stated that he did not think that the company was viable at this time and he would be happy to approach them if that is the Council's wish. DAVID MAGNUSON read one provision of the franchise which was adopted in 1968 relating to, starting operation and what they had to do to comply. He felt that the franchise holder is definitely in default. On motion of Councilman Roger Peterson, seconded by Councilman Powell, the City Attorney was instructed to send a letter to Mainline Cable T. V. indicating that they are in default of their franchise and that they have thirty days in which to comply with the requirements as setforth in the franchise and that Ann Bodlovick be appointed as the representative from the City Council to work with Croix Cable Television. (all in favor) 2. GEORGE WOHLERS, CIVIL DEFENSE DIRECTOR, appeared before the City Council regarding the need for an air raid siren for the Croixwood area. The cost of the siren would be $13,173 and it is to be located by the water tower by the Lily Lake School. COUNCILMAN ROGER PETERSON asked about the possibility of relocating the present sirens since at one time there was an overlap of the current sirens, but MR. WOHLERS did not feel that this would take care of it. 3 i7 • • fib 3/8 • June 26, 1979 COUNCILMAN HARRY PETERSON asked if he had contacted the County Civil Defense Director for cooperation in the financing and they are having the same problems since the state has changed the allocations for these programs. COUNCILMAN ROGER PETERSON stated that we should look for other areas of financing- look to State, Federal and County because it is just under $15,000 and also look at the possibility of relcoating some of these sirens - or reconvert some of the current ones. COUNCILMAN POWELL questioned getting such a loud siren and the location of same as there will be complaints and he wondered if it would be possible to get two or three sirens of the size that we have and spread them out so that there would not be this ear shattering noise and MR. WOHLERS stated that this was the suggestion of the experts. MAYOR JUNKER asked that Mr. Wohlers find the old siren map and bring it to the Council and in the meantime that Mr. Kriesel look into any possible financing - call the League and see if they know of anything that is available. 3. MARTY ANDERSON AND BOB SCHROEDER appeared before the City Council regarding approval for the partitioning of the building located at 214 -224 South Main Street between Janda's and Someplace Else Bar - the problem is with the second floor level with putting in await that would not comply with the building codes. They do not wish to put a wall down the middle of the stairway and destroy the beauty of the propert which has beautiful wood and they would like a common fire exit on the rear of the property - this second floor will be used for storage only. Questions were raised whether or not they would have to go to the Planning Commission and the City Attorney stated that variances from the Building Code could be granted by the City Council and the sub-dividing of the property would not have to go to the Planning Commission - the matter of the type of construction will have to be taken care of by the Building Inspector - this is not unusual aid is not a zoning consideration. They could go to the Planning Commission, but it is not required in the Ordinance. The Council could approve it subject to the receipt of the survey which has been ordered and be presented to the Building Inspector before the Building Permit is issued. MR. SCHROEDER asked about the building code as to whether it would apply only to this part of the building or to the whole building and Mr. Niska explained the code about openings in a wall that are on a property line and in this case this would be the common open stairway. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, that Mr. Anderson work out the details of the building codes with the Building Inspector upon the filing of the survey with the Building Inspector. (all in favor) 4. MARK CAMPBELL appeared before the City Council in behalf of Oscar Kern and Bill Pauley for the development of a Racquetball Club and soliciting the City's help in securing Commercial Revenue Financing. On motion of Councilman R. Peterson, seconded by Councilman Powell, a resolution was introduced "CALLING ROR A PUBLIC HEARING ON A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING THE PUBLICATION OF A NOTICE OF SAID HEARING ", and ratifying the publication that was inserted in the Stillwater Gazette on June 25, 1979 by the City Clerk. AYES -- Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) PUBLIC HEARINGS 1. This was the day and time for the public hearing on Case No. 360 for a variance for a garage for John M. Lyon, 428 South Broadway. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City, on June 13, 1979 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. MR. LYON was in attendance - no one appeared in opposition to same. The Mayor closed the hearing. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the Council granted the garage variance for John M. Lyon, 428 South Broadway as recommended by the Planning Commission and in compliance with his proposed drawing. (all in favor) ta rt a • • • 1 p 1 e � - � 3. This was the day and time set for the public hearing on Case No. 361 for a variance for a swimming pool for Dr. Ronald Pizinger, 2803 Interlachen Blvd. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on June 13, 1979 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. MR. DICK LA CASSE was in attendance representing Dr. Pizinger - no one appeared as being opposed to this request. The Mayor closed the hearing. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council granted the variance for asrimming pool for Dr. Pizinger at 2804 Interlachen Blvd. as recommended by the Planning Commission with the restriction that the level of the pool cannot be below the level of the floor of the house. (all in favor) 4. This was the day and time for the public hearing on Local Improvement No. 167 for sewer and water services and street construction on Lookout Street from Birchwood Drive to its terminus. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on June 14 and 21, 1979 and copies were mailed to all property owners proposed to be assessed. The Mayor opened the hearing MR.NILLIAM HICKS, 1412 Lookout Street, was concerned about the widening of the street - it appeared to him that they would be taking a portion of his yard and his trees. MR. ELLIOTT indicated that the roadway is to remain as is in that area - it will be 28 feet wide rather than 30 to 32 and he agreed to meet with The Hicks and c"laify this matter. He further stated that it could be that they would have to obtain some easements, but they will try to avoid that. June 26, 1979 2. This was the day and time to continue the public hearing on a Special Use Permit for Stan Hanks for the construction of a ten unit apartment building at Third and Olive Streets and also floor area ratio and parking space variances. Notice of the hearing was published in the Stillwater Gazette, the official newspaper of the City on June 13, 1979 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing No one appeared in opposition to these requests - as indicated at the last meeting he is able to take care of the parking variance without any problems. MR. MAGNUSON indicated that the density is about twice what the ordinance requires and the Council felt that due to the density in this general area that this would not be objectionable. MR. HANKS was agreeable to the ten percent for recreational area for the tenants of the building and the donation of $150 00 per unit to the Park Fund. The Mayor closed the hearing. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, a resolution was introduced "DESIGNATING THE PROPERTY AT THE CORNER OF SOUTH THIRD AND EAST OLIVE STREET AS A REDEVELOPMENT AREA." AYES -- Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) On motion of Councilman Roger Peterson, seconded by Councilman Harry Peterson, the Council granted a Special Use Permit to Stan Hanks for a ten unit apartment building at Third and Olive Streets together with the following variances: (1) Variance to Section 13a03.3 floor area ratio (2) A deposit of $150.00 per unit to the City Park Fund (all in favor) (The balance of the variances detailed in the Building Inspector's memo are being complied with by the developer) THE MAYOR DECLARED A RECESS FROM 8:30 to 8:45 P. M. • ma • • J 7 • 11113 • Sao • • June 26, 1979 LINDEN TERWILLIGER, 1426 Look Street, requested that his tree be saved when the proposed street is put in. MR. ELLIOTT stated that in the report that they prepared there is an estimated cost of $18.00 per assessable foot, but there are two properties with corner lots so this coat could increase slightly. The Mayor closed the hearing On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, a resolution was introduced "ORDERING THE IMPROVEMENT AND DIRECTING THE ENGINEER TO PREPARE THE FINAL PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF LOOKOUT STREET, LOCAL IPPROVEMENT NO. 167 ". (Plans to be ready by July 24, 1979) AYES -- Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson, Powell and Mayor Junker NAYS- -None (see resolutions) (Mr. Elliott stated that they would like to include this improvement along with the parking lot improvement to cut the cost) UNFINISHED BUSINESS 1. The Council discussed the possible second reading of AN ORDINANCE REGARDING THE STORING OF DUTCH ELM DISEASED WOOD and it was the general feel that there not be a second reading at this time. MR. SHELTON AND MR. KRIESEL felt that we should have this ordinance. COUNCILMAN HARRY PETERSON Made a motion to have the second reading, but there was no second to his motion. The Council felt that there would be considerable administering problems with this ordinance and MR. MAGNUSON stated that not passing the ordinance would have no effect on any grants that the City has applied for. 2. On motion of Councilman Roger Peterson, seconded by Councilman Powell, a resolution was introduced "ESTABLISHING THE CHARGES FOR THE RUBBISH DEPOSIT SYSTEM ". AYES -- Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson, Powell NAYS - -None ABSTAINED - Mayor Junker (see resolutions) JAMES LE TOURNEAU, 108 South Owens, questioned some of the sections of the ordinance permitting the use of the City Parking Lot for this service and it was explained that 257, of the users prior to the change in the ordinance were from outside of Stillwater and they were using the service free of charge and with the new ordinance just whose who use it are paying for same. MR. MAGNUSON stated that the City has the right to provide for garbage main- tenance and it would cost more if we had to provide an attendant that this is a reasonable use for this property. It was pointed out that the alternative would be nothing and this is not a money maker since it costs the contractor $33.00 per lod to dump the boxes and it is a convenience for the people of Stillwater. 3. The matter of the Parking Lot lease on North Owen Street by McKusick Lake was not acted upon until the City receives a written request for the use of same. NEW BUSINESS 1. On motion of Councilman Roger Peterson, seconded by Councilman Harry Peterson, the Council granted a Beer Permit to the Post Office Employees for Pioneer Park for a picnic at Pioneer Park on June 28, 1979 from 6:00 to 9:00 P. M. (all in favor) 2. On motion of Councilman Roger Peterson, seconded by Councilman Harry Peterson, the Council approved the Surety Bond in the amount of $2,500.00 for David Bell Masonry, Stillwater, Minnesota. (all in favor) 3. On motion of Councilman Powell, seconded by Councilman Roger Peterson, the Finance Director /Coordinator was directed to find a date that is agreeable to the Council and Mr. James Junker to sit down and discuss the proposed rate increase for the residential garbage pickup service, and that the public be notified of this special meeting. AYES -- Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson and Powell NAYS- -None ABSTAINED- -Mayor Junker (motion carried) 4. On motion of Councilman Roger Peterson, seconded by Councilman Powell, the Council authorized the Mayor and the City Clerk to sign Change Order No. 3 for Local Improvement No. 157. (all in favor) P"t e.� 0 • O • i • June 26, 1979 A• 5. On motion of Councilman Roger Peterson, seconded by Councilman Powell, the date of July 10, 1979 at 7:30 P. M. was set for the public hearing for Case No. 362 for a variance for James Junker, 417 South Martha Street for an addition to his home. (all in favor) 6. On motion of Councilwoman Bodlovick, seconded by Councilman Harry Peterson, a resolution was introduced "DIRECTING THE PAYMENT OF THE BILLS" AYES -- Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson, Powell and Mayor Dunker NAYS- -None (see resolutions) INDIVIDUALS AND DELEGATIONS - continued JAMES LE TOURNEAU, 108 South Owens Street questioned the date of the last increase in the residential garbage service and it was explained that Mr. Junker was late in his request at one time and the rate that was charged was in effect fro 18 months rather than the normal 12 months and that the citizens were the benefactors for that six month period. APPLICATIONS On motion of Councilman Roger Peterson, seconded by Councilman Harry Peterson, the Council approved the following Contractor's Licenses: ACG Mechanical, Inc. rio 797 Raymond Avenue, St. Paul 55114 Excavators New 0 Dave Bell Masonry R. R. #1, Box 115 -A, Stillwater Masonry & Brick Work Renewal Bezaleel Construction, Inc. 810 Everett Drive, Stillwater General New Leslie R. Borst - L. R. B. 15250 May Avenue N., Stillwater General Renewal Builders & Remodelers, Inc. 2632 Hennepin Ave. So., Minneapolis 55408 General Renewal The Carpenters (Judd Cates) 15720 - 100th St. N., Stillwater General Renewal Joseph P. Chaves dba Chaves & Sons 15975 South Putnam Blvd., Afton 55001 Excavators New w Gerald Cook 664 Argus Square, Bayport 55003 Roofing Renewal Gemini Construction, Inc. 1009 Arcade St., St. Paul 55106 General New Jonk Masonry - Richard H. Jonk R. #2, Box 252 -E, Somerset 54025 Masonry & Brick Work Renewal Kemacell Insulation, Inc. 56 First St. S. E., St. Paul, Mn. Indulation New Nordquist Sign Co. 312 West Lake St., Minneapolis 55408 Sign Erection Renewal Michael J. Raleigh Trucking P. 0. Box 261, Stillwater General Renewal Road Runner Underground Utility Service, Inc. (Richard Bruning) 600 South Warren Avenue, North St. Paul 55109 Excavators Renewal Schultz & Son 2617 Spruce St., Little Canada 55117 General New Donald Schwartz 1225 South Fourth St., Stillwater General Renewal (all in favor) COMMUNICATIONS From J. C. "Chris" Madsen, 114 North Main Street, commending a Public Works Department Employee for the good job in cleaning a City Park Lot. Mr. Shelton was directed to contact this person and commend him for a job well done. 321 • • • • • a • N22 June 26, 1979 From Mrs. J. A. Rademacher, 1009 Sunrise Avenue, expressing thanks for the warnings for the storm last week. (no action) On motion of Councilman Roger Peterson, seconded by Councilman Harry Peterson, that this communication and all other received on this matter be posted on the bulletin board in the Police Department. (all in favor) CITY CLERK'S REPORT 1. On motion of Councilman Harry Peterson, seconded by Councilwoman Bodlovick, the following Beer Permits were approved: (all in favor) St. Paul Police Band - Pioneer Park - June 28, July 12 and August 5 and August 23, 1979. Women's Softball Tournament - Minnesota League - Lily Lake Park, August 3, 4 and 5, 1979 (Eagles) 2. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the Council directed that the City Clerk contact Mr. John Hennessey regarding his Dance and Beer Permit for a Benefit Dance and ask him to appear at the next regular Council meeting. (all in favor) 3. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council directed that the following claims be referred to the McGarry - Kearney Insurance Agency: Daniel Braun, 186 Cottonwood Court for water damage - faulty water connection by contractor James H. Woodhouse, 2510 Interlachen Drive for water damage - faulty water connection by contractor Lloyd R. Christopherson for loss and injury sustained when hit by a car at Main and Myrtle Streets by City employee, George Diethert. (all in favor) CITY COORDINATOR'S REPORT 1. On motion of Councilman Harry Peterson, seconded by Councilman Roger Peterson, a resolution was introduced INCREASING THE COMPENSATION FOR THE POLICE RESERVE OFFICERS TO $5.00 PER HOUR EFFECTIVE JULY 1, 1979 ". AYES -- Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson, Powell and Mayor Junker NAYS- -None (see resolutions) 2. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, a resolution was introduced AUTHORIZING THE INSTALLATION OF A STOP SIGN AT RICE AND WILLIAM STOPPING THE TRAFFIC GOING EAST ON RICE" AYES -- Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) CONSULTING ENGINEER'S REPORT 1. Mr. Elliott explained to the City Council the problems with the retaining wall and the drainage on East Olive Street and the need for something to be done to prevent a recurrence of another washout to the west of this parking lot on Olive Street. He recommended that the City not pay the contractor for the sidewalk to the south of this wall, and accept same and he will discuss with Arcon the possibility of the elimination of the two driveways to the west of this wall. Also he suggested that the boulevard be eliminated and that it be replaced with concrete. Part of the problem is that in a heavy rain the catchbasins are unable to handle the heavy flow of water and it goes over the top of the curb. There is not full reimbursement on the sidewalk and rather than have the contractor take it out and replace it and have it collapse again, he recommended that the City accept it as is and not pay the contractor for it. He will have the contractor restore the bank - he can discuss with the contractor the elimination of the two driveways and the stone curb which is not high enough to contain the water - he felt that the washout this time was possibly the same problem that caused the original washout of the wall. This would mea the reconstruction of the curb and taking out of the two driveways. The Council concurred with accepting the sidewalk and not paying for same. A question was raised about what effect the apartment across the street will have on this and Mr. Elliott stated there should be no problems. Mr. Elliott will eheck with Arcon and also Johnson Bros. about correcting these problems. • c s >� e., • • • • • 1 • fr • June 26, 1979 2. MR. ELLIOTT distributed to the Council a memorandum on the proposed sewer and water connection charges which had been requested by the City Council. The cost of such report would cost about $2,000 and the Water Department has agreed to pay half of this cost and he did not expect action on this matter this evening. COIMIITTEE REPORTS PUBLIC WORKS 1. On motion of Councilman Roger Peterson, seconded by Councilman Powell, Mr. Shelton was directed to refer the replacement of the stop blocks at the Northwestern Bank to Duane Elliott to have the contractor, Johnson Bros. replace same. (all in favor) 2. Mr. Shelton reported that he had had requests for "duck crussing" signs and the Council directed that he inform the citizens that the City is not equipped to supply such signs at this time 3 This was the day and time set for the bid opening for Local Improvement No. 174 for Sealcoating of certain streets in the Croixwood area. The advertisement for bids appeared in the Stillwater Evening Gazette, the official newspaper of the Cuty on June 6, 1979. Nile Kriesel, Jack Shelton and Dorothy Schnell opened the following one bid received for this project at 3:15 in the Council Chambers. The City Attorney, David Magnuson was also in attendance: Bid No. 1 Allied Blacktop Company 3601 - 48th Ave. N. Minneapolis, Mn. 55429 Bid Bond Total Bid $64,100.00 Since the Budget was set for only about $32,000, Mr. Shelton recommended that the bidder be contacted to see if he would be willing to do only one- half of the contract. On motion of Councilman Roger Peterson, seconded by Councilman Powell, the Council awarded the bid for Sealcoating for 1979 to Allied Blacktop Co., subject to his willingness to cut the quantity in half. (all in favor) 4. Mr. Shelton reported to the Council regarding a tree which was removed at 814 West Willard Street and Mr. Leight's request for reimbursement of $150.00 for the removal of this tree. Mr. Shelton indicated that he agreed to take any "heat" that might arise from the removal of same, but had not indicated that the City would pay the bill for same. (No action) PUBLIC SAFETY Fo report PARKS & RECREATION 1. Mr. Blekum questioned what will be proposed at the meeting on Kolliner Park and the Mayor asked that Mr. Blekum put in writing some suggestions as to what he would like to see done there. It was suggest that when the Council meets on the garbage situation, that they also meet with Mr. Blekum to make up a presentation at that time. ADMINISTRATIVE 1. On motion of Councilwoman Bodlovick, seconded by Councilman Harry Peterson, the Council appointed Roger Peterson as the alternate representative to the Association of Metropolitan Municipalities. (all in favor) 2. At this time Mr. Niska was commended for his work for the City of Stillwater - On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, a resolution was introduced "COMMENDING RON NISKA FOR HIS SERVICES TO THE CITY OF STILLWATER ". AYES -- Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 3. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick the City Coordinator was instructed to advertise for applicants for a Building Official for the City of Stillwater. (all in favor) 323 \ `, • • • 1 • 1 • • (324 June 26, 1979 CITY ATTORNEY'S REPORT 1. MR. MAGNUSON informed the Council that in the Nelson School case the judge has appointed a Hearing Examiner to conduct a fact finding of the hearing as to whether there were any feasible or prudent alternatives before the Council when they last considered it - it might involve some expense to the City - the County will evidently pay about $25.00 per day - there will be some expense to Rivertown and some expense to the City - it is a judge's decision and he did not feel that it was a bad decision - he felt it would be helpful. 2. MR. MAGNUSON reported to the Council that on the Penthouse Acres Plat he has tentatively set a date for a meeting with all of the property owners for the 11th of July and he requested that someone from the Council be there and that Mr. Elliott be there - they will discuss with the surveyor who did the plat. Mayor Junker indicated that he would be there - it will be at 7:30 P. M. at City Hall. 3. Mr. Magnuson informed the City Council that we have been sued by Thomas Brennan who owns the land north of the gold course - he had a desire to plat that for sometime and the problem is the little road that goes up to the plat (which is the extension of Willow Street) which is not adequate according to our design standards for plats and it is the only access. Brennan alleges that it has become a public road by user. There are two ways to get roads - one is to ask the developer to dedicate them, or you condemn them and a third way is that is the road is used continuously by the public and is maintained by the municipality for a period of more than six years it becomes a public road - and it was at one time the law that it became a public road to the extent of four rods (66 feet) and now the law is that it becomes a public road to the extent that it is used by the public and while this might result in a pubkic road, it is still not going to be wide enough for the plat. He sued not only the City but Willmer Mueller, Hazel Mueller, Arthur A. Mueller, Emil and Martha Schiefelbein and Thomas Schell. All of these people have John Rheinberger representing them and they are opposing this ation. He had met with Jack on the site and it is apparent that the City has maintained the street for about twenty years. He asked the Council for direction in the suit - are we going to resist this or are we going to agree that we have maintained it - what kind of stand is the City going to take on this matter. If it is determined by the Court that it is a public road, it is possible that he could asked that it be improved. COUNCILMAN ROGER PETERSON asked if the neighbors could ask to have it vacated and MR. MAGNUSON stated that you would have a problem vacating it if you are going to cut somebody off of access and this would be his only access If it is declared a public road by the Courts, then the City might have to condemn adequate land from all of these property owners to make it wide enough for him. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council directed that Mr. Magnuson deny the fact that we maintain this area as a public road. (all in favor) COUNCIL REQUEST ITEMS 1. On motion of Councilman Powell, seconded by Councilman Roger Peterson, that the eight 2,000 gallon gas tanks at the old Glaser Station be sold at a price of $100.00 and the party pay for the removal of the tanks and the restoration of the property. (all in favor) 2. On motion of Councilman Roger Peterson, seconded by Councilman Powell, the Council approved the PUD for Dr. James Wallace to build a three story building on three acres of the Feely property - there will be two business floors and the third floor will be reiiential which is in an Industrial Area which will be voted upon at the Joint Powers meeting. (all in favor) 3. On motion of Councilman Roger Peterson, seconded by Councilman Powell, Mr. Shelton was directed to send a letter to Monty Brine, 106 East Chestnut Street to remove the tree that is obstructing visibility for traffic at this location. (all in favor) 4. COUNCILMAN HARRY PETERSON brought up the matter of misuse of property at 428 North Greely Street where the property owner is conducting a body shop with a lot of painting and dust from the sanding and he felt it was annoying to the neighbors and Mr. Magnuson had asked Mr. Niska to check in on this. MR. NISKA reported that he went to this location and the party does have equipment to do sanding and paint spraying, etc. - if he is doing that work late at might, it is possible that the noise is a nuisance - as far as running a business, they claim that it is not a business - it is just his hobby - he has another full -time job. COUNCILMAN HARRY PETERSON stated that it is not what goes on in the garage - it is what he does outside the building that causes odors, etc. People cannot sit out in their yards and they cannot open their windows. (No action taken on this matter) r L 0 • • • • Er • • 1 0 June 26, 197o r • 5. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council directed that the City Attorney write a letter to the First National Bank about the curb obstructions at the southerly end of their driveway from drive -in teller exit to relieve the City and the Bank of any liability of an accident. (all in favor) APPROVAL OF MINUTES On motion of Councilwoman of the following meetings May 8, 1979 May 22, 1979 May 24, 1979 June 5, 1979 June 12, 1979 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. Order the Hearing on the Racquet Court in the Stillwater Industrial Park 3. Set the date for the dumping in the Dump Boxes 4. Designate South Third and Olive property as a Redevelopment Area. 5. Order the Improvement of Lookout Street and Order the Final Plans and Specifications. 6. Compensation Increase for Police Reserve Officers 7. Commending Ron Niska as Building Official for the City of Stillwater ADJOURNMENT On motion of Councilman Roger Peterson, seconded by Councilman Powell, the meeting adjourned at 10:25 P. M. Attest: de-,44_, � t&iL -,i ,{11 — J C i€ / y Clerk Bodlovick, seconded by Councilman Powell, minutes were approved: Regular Meeting 7:30 P. M. Regular Meeting 7:30 P. M. Special Meeting 8:30 P. M. Regular Meeting 7:30 P. M. Special Meeting 6:30 P. M. Mayor 3251 • • • t • 1