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HomeMy WebLinkAbout1979-09-11 CC MINw • 0 Press: Stillwater Evening Gazette, Baker; Free Press, Lux, WAVN - Gary Larson • L • COUNCIL CHAMBER Stillwater, Minnesota SEPTEMBER 11, 1979 7:30 P. M. REGULAR MEETING The meeting was called to order by President Junker. The Invocation was given by the City Clerk. Present: Councilwoman Bodlovick, Councilmen Roger Peterson, Powell and Mayor Junker Absent: Councilman Harry Peterson Also Present: Finance Director /Coordinator, Kriesel; City Clerk, Schnell; City Attorny, Magnuson; Superintendent of Public Works, Shelton; Public Safety Director, Abrahamson; Director of Parks and Recreation, Blekum; Consulting Engineer, Elliott; Building Official, Snelson Citizens: Gerry Perkl, Don Raleigh, Charles Possini, Jerold Murphy, Stan Hanks, Monty Brine, Bill Hahn, Dick Jeans, Owen Thomas, Terry O'Brien, Bill Easton, JoAnn Hynnek, Alameda Krueger Dick Muller, Arthur Hudd, Mr. & Mrs. Leo Lohmer, Mrs. Gary Hansen, George Schmitt, Jim Stevensen, Dick Colemier, Wilbert Monson INDIVIDUALS- DELEGATIONS 1. TERRY O'BRIEN, president of the St. Croix Boom Co., appeared before the City Council regarding the transfer of the liquor license to JoAnn Hyhnek (who also was in attendance) at 317 South Main Street. The new administrator Rick also was in attendance and answered questions about the type of operation that they will have - they will continue the "rock bands" for the present, but intend to make some changes - they would like to establish a high volume food service as well as liquor and entertainment - his job is to develop the place into the kind of a plate that the owner would like it to be. WILBERT MONSON, inquired if they would be running the same type of joint that it has been in the past - he felt that it is getting worse rather than better. of Co. called stated much Furniture in the last several months. COUNCILMAN POWELL stated that the Public Safety Director indicated that the present ownership was a vast improvement over the previous owner and that the calls that they have received recently were miminal =cared to what it used to be. The main objection that the Council and the neighbors down there had previous to this time, even though Mr. O'Brien worked hard and tried to run a good business, the problem did lay with the customers within the bar, it was what happened when they came out - the feeling of the community was that the type of people that came to that "disco- type" operation (not living in Stillwater) they acted differ - ently person ar, but that not On motion of Councilman Roger Peterson, seconded by Councilman Powell, the Council approved the transfer of the liquor license for the St. Croix Boom Co. to JoAnn Hynnek effective, September 12, 1979. AYES -- Councilmen R. Peterson and Powell (Motion carried) NAYS -- Councilwoman Bodlovick, 2. handicap code remodeling of his Council buildingeat1315aSouthvariance from ThirdStreet. MR. MAGNUSON stated that the State Building Code does not provide that local municipalities can waive the handicap requirements - they cannot waive anything other than accessibility to historcial buildings to use some other alternative the life materials - procedure is have to hears these sort of things. 383 • • • a • 6 6 - 84 September 11, 1979 to restore MR. e building to most recent use which h wouldbeg H asked e first ding to floor and apartment on the second. MR. SNELSON indicated that the main problem is with the bathrooms and if there are more than five occupants in the building there must be two bathrooms if there are two sexes - without an elevator it would not meet the handicap code with one bathroom on each floor (there must be two on each level). The current plan is to have only one bathroom in each floor and that is the reason for the variance from the Building Code. He indicated that the only prints that has seen are the ones with suites of offices - three on the second floor and two on the first floor. If the apartment can be put back upstairs with an office downstairs, he could see no problem with that and he has not seen this plan up to this time. COUNCILMAN ROGER PETERSON did not want to approve plans that they have not seen and if there are variances required, especially in the case that the City Attorney has mentioned, he felt that if Mr. Hanks needs a variance he should go through the procedure and have the Planning Commission make a recommendation - as the City Attorney stated the Council may not have the right to waive the health - safety factor. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council referred Mr. Hanks proposal for the remodeling of his building at 315 South Third Street to the Planning Commission for their study and recommendation. (all in favor) 3. GERALD PERKL appeared before the Council regarding a variance for the main floor of the Goggin Building where he will be installing a balcony and loft in one corner of the building. The variance he was requesting is 2 -78 inches on the second floor. it is six foot - 9 -1/8 and the code requles seven feet (this is underneath the balcony_ - the balance meets the code - he has showed the plans to the Building Inspector and they meet code. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the Council granted the variance to Gerald Perkl for the Coggin. Building (main floor) subject to the architect's stamp on the plans as a continuation of a plan which was approved sometime ago. (all in favor) GERALD PERKL also presented the proposed plans for the second floor for the restaurant and he would like to get a permit for the entire building - he asked for the Council's approval for granting the permit based on the fact that he have these plans stamped also. MR. SNELSON indicated that he has seen the plans and has not had a chance to study the has an andtthe though he sufficient - also the handicapped. MR. MAGNUSON felt that the Council make a findings that this is a continuation of a plan that has been going on for some time - the problem would be because of the problems to amend the floor ordinance and the moritorium that has been established and this is in the flood plain - that this is a continuation of an on -going plan that has been approved many years ago, then the Council would not be inconsistent in allowing him to do this COUNCILMAN POWELL asked if this had been to the Planning Commission and COUNCIL - Boviovick stated i doing to do, but did notyhavestherfinal time - he showed them what On motion of Councilwoman Bodlovick, seconded by Councilman Powell, the Council accepted the plans for the second floor of the Coggin Building with the approval of the Building Inspector that no variances are required is the and also that this several years ago and that c the u existing plans started plans be stampedbythe architect. (all in favor) 4. anresolutionfwasuintroduced Bodlovick, FOR seconded A PUBLIC Councilman ON A FORAN INDUSTRIAL FACILITIES DEVELOPMENT PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING THE PUBLICATION OF A NOTICE OF SAID HEARING" and ratification of the publication of the hearing notice which was published on September 10, 1979. (Hearing date to be September 25, 1979) AYES -- Councilwoman Bodlovick, Councilmen Peter Powell and Mayor Junker NAYS - -None 5. MONTY BRINE appeared before Council 00a d0 regardng t M hebicycle race which will be held on Sunday, October 7, 1the from HE PRESENTED THE COUNCIL AND THE CHIEF OF POLICE WITH A MAP SHOWING THE ROUTE OF THE RACE. MR. BRINE explained the route that they will be using for this race and the barricades that would be required. He requested that there be three police reserve officers for the patrol of same at certain intersections - they will pay for the cost of the officers as they did last year. • a • a • • • 1 • • • 0 r September 11, 1979 MR. SHELTON will make the arrangements for the barricades - Mr. Brine will pick same up and return them to their location at the City Garage. CHIEF ABRAHAMSON felt that the people living in the area where the race will be held should be notified - every street there is going to be barricaded, there would have to be someone assigned to that intersection to let emergency vehicles through, etc. MR. BRINE explained that where there is a "B" on the map that would indicate that someone from the Bicycle Club would be stationed there and where there is a "P" that is where he would request that there be a police officer - these are the main traffic flow areas. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the Council granted permission to Brine's to hold a Bicycle Race for Sunday„ Oxtober 7, 1979 from 1:00 to 3:00 P. M. (all in favor) PETITIONS - -From David E. Luger, 6248 - 45th Street North, Oakdale requesting a sewer extension for Lots 21, 22, 23 and 24, Wilkins Addition. On motion of Councilman Roger Peterson, seconded by Councilman Powell, the Council instructed the Consulting Engineer to prepare a feasibility study for Lots 21, 22, 23 and 24, Block 4, Wilkins Addition as petitioned for by David Luger. (all in favor) MR..ELLIOTT indicated that this might be a small enough project to add to another project. - -From Lux Homes, Inc., 617 Lake Drive, requesting the re- naming of Forward Street to Meadowview Drive. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, a resolution was introduced "CHANGING THE NAME OF FORWARD STREET TO MEADOWVIEW DRIVE" as requested by Mr. Lux. AYES -- Councilwoman Bodlovick, Councilmen R. Peterson, Powell and Mayor Junker NAYS- -None (see resolutions) PUBLIC HEARINGS -- -This was the day and time for the public hearing for the Proposed Issuance of Industrial Development Revenue Bonds of the City of Stillwater for the Spirit of St. Croix I and II, Project Owner. Notice of the hearing was published on August 24, 1979. DON RALEIGH, attorney for the applicant, introduced Mr. Arthur R. Kydd, one of the partnership members who explained the project of the Spirit of St. Croix I and II. Spirit of St. Croix I is a proposed office professional building and the second partnership is an office production facility. The need has arisen out of the Immuno Nuclear Corporation - the needs will be larger than those needed for this operation and they will have multiple tenants in both buildings. The site is behind Cub Foods - they will be utilizing about 6 to 61 acres of land. Both buildings will be starting at the same time. MR. MAGNUSON indicated that there is no pledge of the full faith and credit of the City - the City is under no obligation to pay these if there is a de- fault and with this resolution it gives preliminary approval that allows these developers to seek placement of these securities of somebody that will buy the financing - what the Council is doing by approving this resolution is that they are making a findings that this is beneficial to the area - will help to improve the tax base - help prevent chronic unemployment - provide employment opportunities to people in the area. The Mayor closed the hearing On motion of Councilman Roger Prterson, seconder: by Councilwoman Bodlovick, a resolution was introduced RECITING A PROPOSAL FOR A COtM1ERCIAL FACILITIES DEVELOPMENT PROJECT GIVING PRELIMINARY APPROVAL TO THE PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR APPROVAL OF SAID PROJECT TO THE COMMISSIONER OF SECURITIES OF THE STATE OF MINNESOTA AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH SAID PROJECT ". AYES -- Councilwoman Bodlovick, Councilmen R. Peterson, resolutions) and Mayor Junker NAYS - -None • 385 • • • 386 • • September 11, 1979 UNFINISHED BUSINESS 1. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, a resolution was introduced "EXTENDING THE MORATORIUM FOR THE FLOOD PLAIN ZONING TO NOVEMBER 15, 1979" AYES -- Councilwoman Bodlovick, Councilmen R. Peterson, Powell and Mayor Junker NAYS- -None (see resolutions) MR. MAGNUSON indicated that he has given the Council copies of the Flood Plain Zone Ordinance as amended and he has submitted copies to HUD and the DNR for their review and it contains all of the various suggestions that they have made. He asked that the Council read this over - it is quite restrictive - this is the minimum that the Federal and State will accept and still certify the area for flood insurance. The Council plans to discuss this at their meeting at 4:00 P. M. on the 26th and there was some discussion on making the second reading in full. MR. MAGNUSON stated that if this ordinance is adopted as part of the Code, then there will be no reading - due to the length, the publication costs would be quite high, but if it was adopted as part of the code, then we can get by without publishing same which would be more economical. MR. KRIESEL informed the Council that representatives from the HUD office and the State will be at City Hall on Thursday, September 20th to discuss the Flood Plain Ordinance with the City staff and also with the banking institutions and insurance agencies in Stillwater - the session will be from 9:30 to 11:00 A. M. MAYOR JUNKER stated that starting the 26th of September and for the next three months, the Council will be meeting on both Tuesdays of the month from 4:00 to 6:00 P. m. - adjourn and meet again at 7:30 P. M. and if there are any problems to be discussed, the Council would welcome them at that time - the Department Heads will be here at that time and most of them will then be finished so they do not have to attend the 7:30 meeting. This is a trial run and if it works out, they will continue it. 2. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, a resolution was introduced "SETTING THE DATE OF OCTOBER 9, 1979 FOR THE ASSESSMENT HEARING FOR LOCAL IMPROVEMENTS NOS. 160 - NIGHTINGALE UTILITIES AND 157 -1 STILLWATER INDUSTRIAL PARK, PHASE II. AYES -- Councilwoman Bodlovick, Councilmen R. Peterson, Powell and Mayor Junker NAYS- -None (see resolutions) 3. CONDITIONAL USE PERMIT FOR THE RICHARD ANDERSON GROUP HOME GEORGE SCHMITT, 208 West Chestnut Street, expressed his concerns on the home - the home was placed there and they found out about it after it was there and it was for eight children - sometime later they find out that it is for 16 children and no mention made to the people in the neighborhood. At that time approximately 13 of the 15 neighbors in the immediate area petitioned the City Council that they were concerned - things happened and no one was informed - they try to get information and they can't get it. Their objective as he understands it was to require :he normal Special Use Permit hearings to allow all of the facts to come out in which case the facts would be known and they could evaluate the situat' as could the City Council. He feels that it is within the City Council's dis .tion to acquire a Special Use Permit hearing to bring out the facts that the people in the area have the right to know. He did not know he objects to this or agrees to it - he did not feel or the City Council were in a position to evaluate it. MR. MAGNUSON stated that the State Statute provides that homes of this nature are called "Residential Facilities" are a permitted use in a Multi - family area provided that the local ordinance does not require a "Conditional Use Permit ". Our Ordinance does not say that a Conditional Use Permit is required for a residential facility - it is silent to residential facilities. Two years ago Mr. Kimmel and the Building Inspector reviewed it and they were of the opinion that the Anderson Home was a permitted use and that the use was permitted by the State Statute. The reason that the State Statute has control of this area is that everybody would complain about one of these facilities - they could never be allowed because of local political pressure. The State Legislature made a findings that if they were to see these things be viable they would have to provide for themselves. This was the opinion that was made then and he was asked to review it. He noticed that in the Zoning Ordinance it provides that a Conditional Use Permit is needed for a Boarding House and institutional facility. If you argue that a residential facility is either an institutional use or boarding house, then the Conditional Use Permit would be required. He was of the opinion since the discretionary decision was made two years ago and the man went into business. and probably expended money and has been operating that by implication by their actions, by the discretionary decision made two years ago that in effect the Special Use Permit or the Conditional Use Permit was granted. The other thing that the State Statute provides is that even though a Conditional Use permit si required by an Ordinance, the conditions imposed upon the use can be no more restrictive than imposed on other Conditional Uses in the Zoning District and no more restrictive than are needed to protect the residents of the facility. Even if a hearing were required, it seemed to him, first of all it is not entirely clear that a Conditional Use Permit is needed; secondly, the discretion that the City r NO. • • • • • • • • 0 r • September 11, 1979 had in that area might be a comprise because of what was done two years ago and he was of the opinion, and still is, that the best that could be done at this late stage in the game is impose certain conditions on him - conditions that are no more restrictive than are imposed on any other uses in the zoning district and no more restrictive than are needed to protect the residents of the facility and what he tried to do in the Conditional Use Permit (and this is only his opinion on this) to be as restrictive as he could with him and gain some sort of control by the neighbors. He felt that one condition of this permit to provide that the Conditional Use Permit may be reviewed and amended at any time after notice and public hearing to impose such further restrictions as may be necessary to protect the health and safety of the residents of the facility. He felt that they have to deal with the law as it is and try to treat everybody fairly. COUNCILMAN ROGER PETERSON felt that ITEM NO. 3 under the permit would indicate to the neighbors that any change from its present status - any application for change through the State would also have to be made through the City which hasn't been done in the past. MR. MAGNUSON stated that he sent a copy of this to Mr. Anderson and also to his lawyer and asked his comments along with Mr. Easton's comments and he has not heard from him or Mr. Anderson he assumes that it is satisfactory to them -at leastthey have not objected to the provisions. COUNCILWOMAN BODLOVICK asked who enforces the Conditional Use Permit if it is accepted. MR. MAGNUSON stated that we could send a copy of this permit to the State Department of Welfare - to Mr. Heinnecker and that he could inform the City of any change in the status of the license. He would hope that Mr. Anderson would act in good faith and comply with the provisions and the City would be aware of any of those proposed changes long before they took place. It was agreed that this could be reviewed at any time provided that the proper notice was given and any complaints would be given to Mr. Anderson. MF. SCHMITT asked about the protection for the neighbors? MR, MAGNUSON stated that the State Statutes does not say that the City can consider or are able to consider the protection of the neighbors - the only restrictons that can be placed on them are those that are needed to protect the residedts - the health and safety of the residents of the facility. In this permit the City is being reasonable and not asking for any more than the State Statues provides and the City is getting by with what they can - it is important for their case. MAYOR JUNKER stated that the Cuty's protection goes with the residents in that facility. COUNCILMAN POWELL CITED AN EXAMPLE - if one of the residents of that home does something, anybe it is under the influence of narcotics and does some bodily damage to some neighboring child, what can the City do - what protection can the home owners do . . . MR. MAGNUSON stated that the City could complain to the Department of Welfare that the license should be revoked and if the license is revoked then it is no longer a permitted Conditional Use. He thought that they would have to remember that the Statute says "it you have the power to require a Conditional Use Permit (he questioned where the City has this power), if the ordinance requires it, then you can be no more restrictive than the conditions that you impose on other Conditional Uses in the zoning district and those are parking conditions, glare from the lights, and in this ore we put that no sign can be made, and if the people can think of a condition that is imposed upon other Conditional Use Permits within the zoning district that would fit, then the City can do it - if you have an idea and the other thing is that we can't be any more restrictive than that and we can make certain rules to protect the welfare of the residents - the within discretion of the City that where the quarrel gislature made the - law and we have to abide by it. COUNCILMAN POWELL asked Mr. Magnuson if one of their children gets hurt, they have'the recourse of going to the police like they would if it was another neighbor kid and they could seek some satisfaction from the normal laws. MR.SCHMITT made reference to Mr. Magnuson's letter and the matter of another facility and that the Stillwater Resthome is directly across the street and he wanted this explained. • 387 • • 1 • • • - (&88 September 11, 1979 MR. MAGNUSON stated what the statute provides is that there has to be a certain distance between residential facilities and he asked the Department of Public Welfare what they mean by "resident facilities" and they said they mean those facilities licensed under Rule A of the Department of Public Welfare. He checked with the Stillwater Residence and they are not a "Rule A" facility - they are licensed by the Department of Health - according to the Department of Public Welftre the Stillwater Residence is not a "residential facility". LEO LOHMER asked if he could open one of these facilities and he was informed that he would be too close to the existing one. MAYOR JUNKER asked Mr. Magnuson if he had talked to anyone from the State and MR. MAGNUSON replied "yes" and he pointed out to the City Council and the neighbors that according to Mr.Hinnecker, who is the head man, he 1s very concerned that the facility has the good -will of the neighbors and the City Council and that if there are any complaints that they would be made to the Department of Public Welfare - that is the licensing agency and that is a lawful use only so long as it is licensed by them. A NEIGHBOR stated she had talked to this department and they have pointed out several things to them - that they are consistently running over the number that he is licensed for - they have called people on the State level - they have pointed out about the staff that they do not feel that is adequate for one person for 17 or 19 children - no one has contacted them directly and they know that we are worried about the number of counties that are sending children to this home - the staff needs no specific training - she indicated that neighbors have spotted in- cidents of robberies regardless of the two incidents that you have heard about from the Police Department - children have come out of the house covered with blood - there have been assaults of other staff members besides Dick Anderson - she does not like this type of a home right next to her home. MAYOR JUNKER requested Mr. Kriesel to be in touch with Mr. Hinnecker and within the next two weeks that the City have him visit the home with any members of the City Council that would like to be there and explain some of the problems that the people have. THE NEIGHBOR who spoke before did not feel that this would do any good. LEO LOHMER stated that Mt. Heinnecker told him that the limit is 16 - they can have more but then it becomes a commercial business - then they do need a license and he has done this consistently. MR. MAGNUSON stated that the State Statute provides that a "residential facility" is a lawful use located within a multi - family district as long as it is licensed for 16 persons or less. If the license is inc -eased to 17, then the home enjoys no statutory protection from the municipality acting. MR. LOHMER felt that he should have to apply for a different type of license since he is running over this number most of the time. MR. SCHMITT stated that if the state is going their job, how can they consistenly allow him to run over the authorized limit - he felt that they do not care - he felt that they should enforce the law which they have imposed upon themselves. MRS. HANSEN questioned No. 2 on the Conditional Use Permit "the facility must comply with all conditions imposed upon its operation" - if this is adopted and he is licensed for 14 from the State and he has 18 kids tomorrow, what is going to be done about this? Will this be governed by the City Council? MR. MAGNUSON stated that the City Council should put that question to Mr. Hinnecker and that he insure the City that he is complying with his licensing requirements and that the City permit requires that he comply and that the City be informed when the conditions don't comply. Discussion was held about getting a list of the occupants day -by -day as they come there and they do have such lists in the current files. There are kids sent from more than one county and the reports would have to come from all of these counties. MAYOR JUNKER stated that he would like to find out if he goes over the 16, if the City Council can revoke hi. license. MR.KRIESEL will contact or meet with Mr. Hinnecker and the neighbors will be informed of the day that he will be coming here. THE NEIGHBOR asked about the purpose of this visit and she stated that since they started this thing, there are minimusof kids there - they have not been out of the yard - this place has taken a 200 degree turn - around. She did not feel that this was the answer. ter ii hi Imam e 1 • • • • • • September 11, 1979 a owl • MR. BILL EASTON asked if they were not going to take action on the Conditional Use Permit - he stated that this would demonstrate that the City has an interest in it and gives them a handle should something go wrong - he also agreed that it was a good idea to get together with the licensing division - this would be a start at least. MAYOR. JUNKER stated that possibly this would put a little fear into Mr. Anderson - the City h had no complaints from any of the neighbors in two years prior to this. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council granted the "Conditional Use Permit" as presented to them by the City Attorney, as follows: PREFACE: It appearing to the City Council of the City of Stillwater, that the Richard Anderson Group Home Residential Facility is both an institutional use and a boarding house and that such a use requires a Conditional Use Permit in the RCM Zoning District; but that the City Council by its prior action has by implication granted a Conditional Use Permit to this facility and that the facility is a lawful conditional use, but that by, now granting this Conditional Use Permit the City Council does hereby impose certain conditions, all of which are no more restrictive than those imposed on other Conditional Uses in the Zoning District, or in the alternative, that such additional conditions are necessary to protedt the health and safety of the residents of the facility. 1. This Conditional Use Permit shall be effective only so long as the facility is a duly licensed facility within the meaning of Rule 8 of the Rules of the Minnesota Department of Public Welfare. 2. The facility must comply with all conditions imposed upon its operation by the Department of Public Welfare of the State of Minnesota. 3. The facility must submit to the City Council any application that it makes to the Minnesota Department of Public Welfare for a change in the status of its license. This shall be submitted to the City Council at the same time that the application is made to the Department of Public Welfare. 4. This Conditional Use Permit shall be effective only as long as the residential facility serves and is licensed for 16 persons or leas. 5. No identification, advertising or other signs shall be permitted, except those specifically authorized by the City Council or permitted under the pro- visions of the Stillwater City Ordinance. 6. This Conditional Use Permit may be reviewed and amended at any time after notice and public hearing to impose such further restrictions as may be necessary to protect the health and safety of the residents of the facility. This Conditional Use Permit being duly adopted by resolution of the Still- water City Council is effective immediately upon its publication and delivery of the copy personally to the owner of the facility. (ALL IN FAVOR) THE MAYOR DECLARED A RECESS FROM 8:50 to 9:05 P. M. 4. On motion of Councilman Powell, seconded by Councilman Roger Peterson, a resolution was introduced. "AWARDING THE CONTRACT FOR LOCAL IMRPOVEMENT N0. 157 -2 to Lino Contracting, Inc., Hugo AT A BID PRICE OF $162,069.05, SUBJECT TO THE APPROVAL OF THE DEPARTMENT OF TRANSPORTATION. AYES -- Councilwoman Bodlovick, Councilmen R. Peterson, etersonIOPoowell, and Mayor Junker NAYS - -None 5. On motion of Councilman Powell, seconded by Councilman Roger Peterson, a resolution was introduced "AWARDING THE CONTRACT FOR LOCAL IMPROVEMENTS 175 AND 167 TO TOWER ASPHALT, INC., ST. PAUL AT A BID PRICE OF $91,186.30 ". AYES -- Councilwoman Bodlovick, Councilmen R. Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) MR. ELLIOTT reported that Lookout Street is required to be put in this year, as well as Rainbow Court - the other matting on the Municipal Streets require a special matting and this might be delayed until next year. 389' • • • • r • • K390 • NEW BUSINESS 1. On motion of Councilman Powell, seconded by Councilman Roger Peterson, a resolution was introduced "DEFERRING SPECIAL ASSESSMENTS FOR SENIOR CITIZENS FOR CARL JOHNSON FOR LOCAL IMPROVEMENT NO.172 - REMOVAL OF DISEASED ELM TREES ". AYES -- Councilwoman Bodlovick, Councilmen R. Peterson, Powell and Mayor Junker NAYS- -None (see resolutions) 2. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council granted a Beer Permit for a neighborhood picnic in Triangle Park on South for Sunday, people 1979 from 4:00 P. of beer). until all1inOfavor) 3. On motion of Councilman Powell, seconded by Councilman Roger Peterson, a resolution was introduced "DIRECTING THE PAYMENT OF THE BILLS ". AYES -- Councilwoman Bodlovick, Councilmen R. Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) Items 4 and 5 on the agenda could not be acted upon since the Planning Commission did not have a quorum and were unable to take action on these cases. 6. Mr. Snelson informed the the City Council that the problem regarding the Balfanz multi - dwelling has been resolved and would not require Council action. INDIVIDUALS - DELEGATIONS - continued None at this time September 11, 1979 APPLICATIONS On motion of Councilwoman Bodlovick, seconded by Councilman Powell the following Contractor's Licenses were approved: (all in favor) A & K Construction, Inc. 9038 - 110th Street No., Stillwater General Renewal Advent Custom Homes, Inc. 203 Australian Avenue, St. Paul 55117 General New Carroll Anderson 868 S. E. 9th Avenue, Forest Lake 55025 Masonry & Brick Work New Comfort Insulation Co. 3866 Effress Rd., White Bear Lake 55110 Insulation Renewal Custom Drywall 321 Burgess St., St. Paul 55117 The Insulation Co. dba Industrial Roof Maintenance, Inc. Advanced Roofing Materials, Inc. 2321 Oakridge Rd., Stillwater Jack Rice Construction 8496 Lofton Ave. N., Stillwater Shaffer & Deal Tree Service 714 - 8th St., Hudson 54016 Plastering, Stucco work - Sheetrock, taping Renewal Insulation - Roofing Renewal General Renewal Tree Trimmers New - - -On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the Council approved the ON AND OFF 3.2 BEER LICENSES for Brines, Inc., 219 South Main Street. (all in favor - renewal) COIMUNICATIONS From Baytown Township to be included in the Cable T. V. Service Territory. It was suggested that they have a representative on the Citizen Committee for Cable T. V. r 4 G • • • • • • • w September 11, 1979 MR. MAGNUSON pointed out that he has been in mntact with the State Cable Board and reviewed their directions and by all indications, the first thing that the City should do is to appoint a Citizens Advisory Committee and it is the function of this committee to research the area and make recommendations to the City Council. This is also a recommenda- tion of both groups that are interested in the Cable System. Discussion was held about the number that should be on the committee and also the communities that should be represented - it should be a joint committee - it was suggested that we advertise, but Mr. Kriesel felt that if we did this, possibly some of the qualified people would be turned off by this and we lose them. Mr. Kriesel was 4 irected to contact these other communities and ask them for suggestions for this Committee. From Independent School District No. 834 indicating their interest in Cable Television. They will also be contacted regarding this committee. CITY CLERK'S REPORT None CITY COORDINATOR'S REPORT 1. Mr. Kriesel reported on the punch list which was prepared regarding the Victoria Villa Apartments on South Greeley Street - 16 items which he took out of the Special Use Permit and there are only two things that the Council should be con- cerned with - the five foot berm above the parking area and this would wipe out about half of the parking Lot. Mr. Gaughan suggested that he could plant some blue spruce which would reach a height of about thirty feet - the intended use of the berm was to screen the parking area. Mr. Grady Thompson requested a meeting with Mr. Kriesel on this matter and other matters including the adverse lighting and the berm and he will report back to the Council. 2. Mr. Kriesel reported to the Council that sometime ago the Washington County CETA office informed the City that they could get the City another employee if they could come up with a job description and they came up with a ICE ARENA TRAINEE and they will be able to supply us with one individual at no cost to the City and he will help Mr. Fackler at the arena. 3. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the City Coordinator was directed to advertise for bids for the plexi -glass at the arena t a 1est n im (all in ated cost said bids to be returnable on October 9 4. Kriesel September 18, Wednesday, for next week - the Council Sept September 19 and agreed to meet Thursday, September 20 from 4:30 P. M. to 6:00 P. M. 5. Mr. Kriesel informed the City Council that Charles Weaver will be here on September 20th to discuss the matters of mutual concern for the local govern- mental officials in the Metro Area. ELLIOTT felt this Board discuss the the Cityto inflow/ solve this problem. 6. Gary Hamble and Robert Bartkey who are CETA employees will no longer be paid by CETA and that the City would have to hire them from October 1st to December 31, 1979. MR. BLEKUM indicated that he had put money in the budget for this so the matter is taken care of for for the present time. (Action to be taken at the next meeting) 7 on Monday Eandeherisdconfidenththat thetCitywith will receive from them and other agencies for the work that has to be done at the Ice Arena. COUNCILMAN POWELL felt that the Council should send a letter to the Andersen the Foundation and the Foundation to the t funds Margaret Rivers Foundation. 391 9 • • • t • • • 3 9 2 September 11, 1979 • On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, Mr. Kriesel was instructed to write a letter to the various foundations indicating what the needs are and if necessary setup a meeting with them. (all in favor) MAYOR JUNKER indicated that a meeting has already been scheduled with the Andersen Foundation. CONSULTING ENGINEER'S REPORT 1. MR. ELLIOTT reviewed with the Council Local Improvement Nos. 168, 171 and 173 detailing the work involved and felt that due to the fact there are similar types of construction that they be bid together and that bids be received on October 5, 1979. There are some problems with the construction of 63rd Street and the drainage for the Ogren property. The sanitary sewer is already in that location which was done with 129 -1 for the Industrial Park. Mr. Elliott, Glen Van Wormer and David Magnuson met with John Ogren on this date - there will be a raised island to control the traffic at the intersection - Mr. Orgren did not find this acceptable although the road is in the location that he had requested. The second illustration keeps the westerly end of 63rd in the same location, the street is moved northerly to a distance to proivide an entrance to allow movements into the filling station which will require acquisiton of about 2/10 acres of property. This is the most desirable solution and one which he felt from the City's point of view and he is optimistice that Mr. Ogren will accept this. Mr. Ogren was non- commital about the new proposal and was to let Dave know later today and did not do that. MR. MAGNUSON is concerned about damage to the remanent piece of property. MAYOR JUNKER did not like the second proposal - with three cars turning the corner to the filling station they would run into the cars going into the station. MR. ELLIOTT stated that Mr. Van Wormer worked this up and felt that it should work as he is experienced in this type of construction work and he relies very heavily on his opinion on this - this does not just end with the City - the County is going to have to approve the plans for that intersection. MAYOR JUNKER was concerned about moving this road in this location and the fact that we are going to have to acquire property do this project and he might not even accept this. MR. ELLIOTT stated that if he does not accept this, he could rest assured the Council that he may accept this with the raised island. He did not know if Mr. Ogren would have any recourse with losing an access. MR. MAGNUSON stated that he doubted that - there is a diminution in access but did not feel that it was compensable to the total - the thing about the top proposal that Ogren would accept that if there were no raised islands and that is not acceptable. The bottom one might be, but that is going to be expensive because you are not only taking the right -of -way we have to pay him for the 70 feet which is 400 feet long and he is talking about $1.50 per foot - then you are talking about damages to the top piece - not only pay for what you take, but you pay for damage to the remaining parts and when you destroy that piece - it is 100 feet wide and under the County Zoning Ordinance the minimum width of a lot is 100 'feet - what is means is that the City is going to shorten it up to less than 100 feet - will have to orient everything north and south out to the County Road - it is going to damage that remnant and that could be expensive. COUNCILMAN ROGER PETERSON stated that he has no car storage area for the station. MR. ELLIOTT stated that currently the trucks that unload Cher= is a trail of them going around a cartain point and there is no burb cut on 64t1, but potentially they could have one and there is a very limited distance between his office and the edge of the building. MAYOR JUtIKER asked if it would help Mr. Ogren to move the whole road to the north and MR. ELLIOTT stated that the sewer is already in there. MR. ELLIOTT stated that the right -of -way is Municipal State Aid Funds and that they could not be involved in the other land - this is money that would be spent for other improvements in the City. MAYOR JUNKER was opposed to this and COUNCILMAN ROGER PETERSON would not object if there were no damages that the City would be stuck with same. gni 91 Doi 0 • • mi • • • • n 6 • September 11, 1979 MR. MAGNUSON stated that right now it is a buildable parcel facing one direction and not buildable facing the other direction which is less than 100 feet. The administration of the zoning of this area is by the Joint Powers so the City can't make any promises to Mr. Ogren that the Joint Powers won't go along with it. MR. ELLIOTT stated that he will have the answer by the next Council meeting and he wanted the Council to be aware of the problem that he is working with for this project. MR. ELLIOTT stated that this is a seventy foot easement for the street at this point and then becomes eighty feet to the west - this does not leave a very wide area for snow storage, but it is okay. The other part of the project is the Oasis Pond - the elevations of the pond is 916 at the south end and the State made sure that they did not change the elevations at that end - the north end is 909 and it has been as high as 911 to 911.5 and this is a 24 inch pipe which means that pipe is totally under water - what they wanted to do was to lower this pond to an elevation of 910 and that would keep about one -half of the pipe free in the spring time and there would still be an open pipe. Neither elevation is very acceptable to Mr. Kern - he does not like the low elevation because itleaves his lower tier of rip -rap rock exposed and there are a lot weeds along that side - the high elevation he finds quite intolerable as well. You have to have it that low so that you do not get higher than 916 and trying to protect the building. They have discussed thirwith Mr. Kern. What is the lowest elevation of the ditch going out of the north end of the pond so that the City could change the conditions either. He found that this pond can rise to an elevation of 914 before any overflows begins occurring from it - Kern would like the high - the ditch suggests that it has always been high and if we start lowering it and controlling it to such a low elevation we have opened at least 18 months of debate on this one pond. The proposal is that the storm sewer that was to be constrcted they are going west to a given point to the detention pond and then southerly to a point and then west to catch the drain a that is on the north end of the roadway that goes by Press -On and they were also going south and have a control structure and pipe and eliminate the ditch - he felt that this portion of the project should be eliminated - the control structure and the pipe in the designated location and any water that would overflow from the pond would be picked up by the system and move on. What is being done is backing off of a solution for today until that solution is pressed upon the City by actual operation of the pond - just leave it alone for now not lower it. DISCUSSION was held on the size of the pipe under the highway to Baytown - they were asked and they did not want it and the effects when the pipe does fill up- the State had to extend all of the culverts on the south side but did not change the elevations. COUNCILMAN ROGER PETERSON questioned what would happen if we got a winter or spring rain before the pipe had thawed out and flooded that south side of Bay- town and MR. MAGNUSON stated right now "nothing" - because it is a natural condition - if we alter it a great deal then we have some exposure - right now it is the natural condition that has been there for years and the only ones that monkeyed around with it is the State. MR. ELLIOTT indicated that the pond is slightly larger now than it was before and the concern was that nothing serious happens to Kerns Property or the Carpet Shop (Donald Anderson). The key to the situation is the very, very low pipe that goes under the highway - this pipe was put in 30 to 40 years ago - it would cost forty to fifty thousand dollars to put a new pipe under that highway. There are two major problems involved - Mr. Kern has not been advised of this change and Mr. Magnuson felt that the City would have to acquire ease- ments to go in there to clean out this ditch. MR. ELLIOTT was asked to negotiate with Mr. Kern about the cleaning out of the ditch and impress upon Mr. Ogren that this problem was created by him, too. COUNCILMAN POWELL stated that Mr. Ogren has got to figure out what he wants to do and then when he comes up with it, he has to say it is his problem and he can't expect the City to buy some property back. On motion of Ceuncilman Roger Peterson, seconded by Councilwoman Bodlovick, a resolution was introduced 'DIRECTING THE CLERK TO ADVERTISE FOR BIDS FOR LOCAL IMPROVEMENT NOS. 168 (North Harriet Street Sewer),171 (Ogren Drainage),and 173 (Water west of the water tank in the Stillwater Industrial Park and Sewer for Mr. Kern), said bids returnable on October 5, 1979 at 11:00 A. M." *(This date had to be changed to October 12, 1979 at 3:00 P. M. since Mr. Elliott did not get the advertisement for bids to the Construction Bulletin in time for publication for a bid opening on the fifth. 393, • 1 0 1 • • sY • 394 • September 11, 1979 AYES -- Councilwoman Bodlovick, Councilmen 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 "ACCEPTING THE WORK AND MAKING FINAL PAYMENT TO ARCON CONSTRUCTION FOR THE RETAINING WALL AT OLIVE AND SECOND STREETS, LOCAL IMPROVEMENT NO. 165 IN THE AMOUNT OF $18,323.80 ". AYES -- Councilwoman Bodlovick, Councilmen R. Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) MR. ELLIOTT reported that the total project cost is $76,098.80 which was very close to the bid price. The City's portion of the cost on this was going to be primarily the sidewalk along Olive Street - because of the washout that occurred and the repair that was done and there was some evidence of some settlement of the sidewalk, the Contractor was not paid for the sidewalk - it was not included in the final payment - there were over 100 feet of lineal feet of sidewalk paid for and the contractor agreed to that in order to settle the project - the City's hare of the total project has greatly dimished. COMMITTEE REPORTS . PUBLIC SAFETY 1. On motion of Councilman Roger Peterson, seconded by Councilman Powell, a resolution was introduced increasing the compensation for the Volunteer Fire- men from $75.00 to $100.00 for shifts and increase their monthly salary $5.00 per month as recommended by the Public Safety Committee and the money is in the budget - effective September 1, 1979. AYES -- Councilwoman Bodlovick, Councilmen R. Peterson, Powell and Mayor Junker. NAYS - -None (SEE RESOLUTIONS) 2. On motion of Councilman Powell, seconded by Councilman Roger Peterson, the Council approved the increase from $190.00 to $240.00 in total for the Workman's Compensation for the Volunteer Firemen. (all in favor) 3. On motion of Councilman Roger Peterson, seconded by Councilman Powell, that the public be notified through the quarterly newsletter regarding snowbirds,and snow emergency routes (all in favor) 4. The matter of the pension increaofor the Fire Department will be considered at the Budget meetings next week. 5. Mr. Kriesel brought up the matter of the sign that was damaged on Greeley Street by MR. Kaske's residence and the individual that was contacted was not the person who did the damage - the cost is $10.80 and the matter was referred to the City Attorney. COUNCIL REQUEST ITEMS 1. COUNCILMAN POWELL stated that he received a complaint this date about the cars parked at Jim Gannon's place on Laurel Street and that there is some new con- struction going on there and questioned if this had been to the Planning Commission and the City Council. He did apply for a Special Use Permit to construct a paint shop at least two years ago. MR. MAGNUSON suggested that the Council inform him that his Special Use Permit would be reviewed which can be done on an annual basis. On motion of Councilman Roger Peterson, seconded by Councilman Powell, Mr. Kriesel was instructed to send a letter to Jim Gannon asking him to limit the number of cars that he keeps parked near his business on Laurel Street. (all in favor) PUBLIC WORKS 1. Mr. Shelton brought up the matter of the fall pickup and setting the dates for same. He questioned what they were going to do about other things for the pickup and it was the suggestions of the Public Works Committee that there be dump boxes available during the period of the pickup and the City pickup the cost of same. The pickup as we have had in the past can be done within a week if there are no applicances involved. On motion of Councilman Powell, seconded by Councilman Roger Peterson, that the Director of Public Works advertise for the fall pickup at a time that he feels is proper and to have drop boxes behind City Hall for people to get rid of other than leaves and for those wishing to get rid of their leaves rather than put them on the curb. (all in favor) • RI F I s•� • • • • { • • • September 11, 1Si9 PARKS AND RECREATION 1. Mr. Blekum reported to the Council that they had an attempted break -in at the Building in the Croixwood Seventh Addition Park and Rob Daniels apprehended two youths smashing in the door in the storage area. 2. Mr. Blekum .sorted that four years ago the Department started the Municipal tree nursery on the former Anna Hooley property - this fall they reaped the first harvest of sixty trees (2% to 3 inches) and at the nursery prices this would come out to $100.00 to $125.00 each, about a $1,000 return on the invest- ment. BUILDING OFFICIAL 1. Mr. Snelson asked that the Council review the last Fence Ordinance because there have been a lot of calls on it and it confuses him and it confuses a lot of other people - when a fence has to be put three feet away from the property line, unless it is agreed with the neighbor - with two fences there could be six feet from the two variances. (This was done f ) so fences) that the people could maintain the On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the Council directed that the City Attorney review the Fence Ordinance and give the Council a recommendation as to whether they should abolish the ordinance or amend it so that it is livable. (Councilman R. Peterson opposed - motion carried) CITY ATTORNEY'S REPORT 1. On motion of Councilman Roger Peterson, seconded by Councilnan Powell, as recommended by the City Attorney, the Council requested that Dan Koehler give a status report to the Council as to what is happening in the Industrial Park. (all in favor) 2. MR. MAGNUSON requested that the Charter Commission be instructed to review and finalize the Charter - they have been working on this for a number of years and he has gone over the proposals - they have a draft of the Charter - there are not too many changes - eliminates a lot of stuff that is out- dated- the statute proddes that if the Charter Commission recommends it, the Council can adopt a new Charter by Ordinance and within a certain period of time the public has the right to petition to not accept it. He requested that the Charter Commission meet again - reommend the Charter to the Council and then it is up to the Council whether or not they want it on the ballot and this could be done along with the Code. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, that the City Attorney be instructed to contact the chairman of the Charter Commission asking them to complete their job. (all in favor) 3. reported to the able to come to business, written report on the Nelson School for about 45 days. 4. Mr. Magnuson reported that on the Annexation Case they have until the 15th to receive a letter from the Metropolitan Council concerning the case and until the 20th to snbm: final arguments in writing and then that is all for the present time. COUNCIL REQUEST ITEMS (continued) 1. COUNCILMAN ROGER PETERSON requested that the lights be checked on the Staples Field Tennis Courts - the people that play there claim that they are not turned properly - they are all ai me d Blekum outside courts do not get the proper lighting. QUESTIONS FROM THE PRESS None ORDINANCES None 395 • • • • • • September 11, 1979 RESOLUTIONS The following resolutions were read and on roll call were unanimously adopted: 1. Directing the Payment of the Bills. 2. Hearing on Kern's Indusgrial Bonds. 3. Street Name Change for Forward Street - Lux's Meadowview Addition 4. Bonds for the Spirit of St. Croix I and II. 5. Extend the moratorium for the flood Plain Building 6. Order the Assessment Hearing for Local Improvement No. 160 (October 9, 1979) 7. Order the Assessment Hearing for Local Improvement No. 157 -1 (October 9, 1979) 8. Award the Bid for Local Improvement No. 157 -2 - Lino Contracting Co. 9. Award the Bid for Local Improvement No. 157 and 167 - Tower Asphalt 10. Deferred Assessment for Carl Johnson (Diseased Elm Trees) 11. Advertise for Bids for Local Improvement No. 168- 171 -173 12. Increase Compensation for Volunteer Firemen for Shifts and Monthly Compensation. 13. Accept Work and Make Final Payment for Local Improvement No. 165 - Olive Street Retaining Wall. ADJOURNMENT On motion of Councilwoman Bodlovick, seconded by Councilman Powell, the meeting adjourned to 10:20 P. M. Attest: Ott •J City rk Mayor A • a • • • I