Loading...
HomeMy WebLinkAbout1979-11-20 CC MIN1, • �( COUNCIL CHAMBER Stillwater, Minnesota November 20, 1979 4:00 P. M. REGULAR MEETING The meeting was called to order by President Junker. The Invocation was given by the City Clerk. Present: Councilwoman and man Bolovick Junker H. Peterson, R. Peterson, Absent: None Also Present: 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 Engineer, Elliott; Building Official, Snelson Press: Stillwater Evening Gazette - None WAVN - Gary Larson St. Paul Dispatch - Jim Broede Citizens: Mr. & Mrs. Greg Gerard INDIVIDUALS AND DELEGATIJNS None at this time COMMITTEE REPORTS PUBLIC SAFETY 1. On motion of Councilman Powell, seconded by Councilman Harry Peterson, a resolution was introduced "AUTHORIZING PARTICIPATION IN THE SUBURBAN POLICE RECRUITMENT SYSTEM ". Powell and AYES -- Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson, Mayor Junker NAYS - -None (see resolutions) 2. Mr. Abrahamson stated that he had a request for a party at the Labor Temple with a live band on Saturday night which will be a surprise birthday party and this was information for the Council. PARES AND RECREATION None at this time BUILDING OFFICIAL l MR. uld be of a real there had have contact the installers in feel that it area - he has run into some installers that are good workmen but they are not very well versed on the codes. He asked that the Council help sponsor a seminar- felt that one could be organized which would be of benefit to the whole area or just Stillwater if that is what they want. Questions were raised about getting these installers certified after the seminary but he did not feel that they could be certified just by coming to a seminar for just one time On motion of Councilman Powell, seconded by Councilman Roger Peterson, the Council authorized Mr. Snelson to arrange for a seminar of that type and talk to the Contractors to share in the expenses, said seminar to be held at City Hall and possibly get someone from the State Code Division for this seminar. (all in favor) 2. MR. SNELSON reported that he and Jack were asked to come up with some ideas about licensing contractors but they have not come up with anything better than what we have. He did have one question - how long is a revocation in effect? There was discussion on this and it was felt that it was up to the Council- the Building Official would make the determination. He was concerned about Bald Eagle Contracting since they are unable to be here this evening for the hearing on the possible revocation of their license and stated that he would be reluctant to issue a permit until this hearing was held and asked for Council direction. At this time he cited some of the faults with the job that he had inspected. a w • a • • mt s • • • Fa ism •v November 20, 1979 On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Building Inspector was instructed to issue no building permits to Bald Eagle Contracting until after the hearing for the possible revocation of his license and that Mr. Snelson inform this party of this action. (all in favor) 3. MR. SNELSON informed the Council that Jack Meads has made application for the renewal of his license and that there has been some complaints that he parks his equipment on the street adjacent to his home which is in a residential area. He was requested that his license be granted contingent on that he find another place to park his equipment. DAVID MAGNUSON stated that this would be a violation of the zoning ordinance and that this should not have a bearing on his Contractor's license. If he does not have a Special Use Permit, there are two approaches - one would be an in- junction which would be a civil action. There was considerable discussion about the businesses that are being operated in homes in the residential area which do not have special use permits and also what effect that would have on their homestead taxing structure and it was stated that you can homestead a commercial building downtown. MR. MAGNUSON cited the section from the Zoning Ordinance regarding Special Use Permits and what types ansallowable in the various districts of the City. He stated that his Contractor's License and the matt of parking should be two different matters and that unless there were complaints about his work, the Council would have to issue this license. 4. MR. SNELSON reported to the Council that Mrs. Shirley Gile is having sewer problems and he went up to her home with one of the County Inspectors - this is a place where the Council some years ago granted a Special Use Permit to put a trailer home in the back yard - which is still there and which is connected to a separate sewerage system. It was the County's Inspector's recommendation that the problem could be solved by connecting the two systems with a drainage bid - this property is at 2326 Boom Road. MR. ELLIOTT stated that back in 1974 he prepared a study for sewer for this area and it was extremely expensive - this would be $6,000 to $8,000 per unit at that time and application was made for Grant Monies for this work and nothing was received. Questions were raised about the permit which was granted for this trailer home to be parked at this location which was sometime ago. MR. SNELSON also made mention of the sewer problem with the David Linguist home at 101 Lakeside Drive - the County Inspector stated that it was his guess that they have a septic tank and then about a ten foot pipe between that and a cesspoo drainfield. the code. MR. ELLIOTT stated fiat the Council is going to have to adopt regulations for dealing with on -site systems so that the Building Inspector will have a guide with which to work. MAYOR JUNKER felt that the best recommendation would he to put in a drain bed so that he would have sewer facilities. COUNCILMAN ROGER PETERSON stated that sometime ago an ordinance was passed requiring a permit for the installation of a septic tank and felt that it would be proper for the Council to pass the issuance of a septic tank permit with the stipulations as set forth by the Building Inspector. He felt that you wold onnLakeside find two situations have slab rock two feetunder the house. most of the houses house, MR. ELLIOTT stated that the Washington County Code does have many options that are available. MR. KRIESEL stated that it was Jesse's concern that normally the situation is that is requires a soil boring and a percolatica test before the issuance of a permit - we issue a permit and then if it doesn't work what happens. MR. ELLIOTT stated that the codes give the general guidelines to develop some- thing that will work - there are conditions here that are destined to failure - too small of a two site - two dwellings on the same site - he felt that virtually you have to get the sewage off the site into some other larger area for a drain - field - it is their problem. MAYOR JUNKER stated that it is our problem since we issued the building permit and that we should go with the best that we can do right now and look at each individual home. 455 • • • • 1 1 si 456 November 20, 1979 large ough ROGER takeEcaOre ofstated drainfield for all other of themaround that is a community drainfield. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Building Official was instructed to issue permits for septic systems in accordance with the conditions that exist which best fit the Washington County Code. (all in favor) 5. MR. SNELSON stated that the deadline for the Washington County Historic Court- house for the repairs if coming pretty soon and asked for Council direction on this matter. Mayor Junker felt that they will have the work done by December 6th, and that Mr. Snelson should try to keep a check on the progress of this work. FIRE CHIEF 1. MR. CHIAL asked about the size of the development that Mr. Lux is proposing and asked about the size of the watermain that will be constructed in this improve- ment - there could be a problem with the water pressure due to the size of the mains. PUBLIC WORKS 1. On motion of Councilman Powell, seconded by Councilman tion was introduced "AUTHORIZING THE INSTALLATION OF A AND WASHINGTON SHINGT NiAVENUEtNORTH ASsRECO�NDED BY GLEN VAN AYES -- Councilwoman Bodlovick, Councilmen H. Peterson, and Mayor Junker NAYS- -None p f d the Council that he had talked to Mr. Kern about the water (see resolutions) R. Peterson, Powell MR. SHELTON in orme e that is standing in that area and he has some fill that he will put in there. 3. MR. SHELTON stated that they have one complaint about a tree removal from last year. There were two elms removed from a yard and in taking the tree down they took part of his ash tree with it - he felt that we still have some money which has been withheld from Mr. Horak or through his sub - contractor this was a good size letter stop up to see Mr. show up, MAYOR willi to Mr. treelornif contact Mr. likemcashntoobuynhisuownftree would and then he can contact Mr. Horak on this matter. CITY CLERK'S REPORT 1. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Oak y Street for send 1.303 West L. Hanson, 304 North Fifth Street, Bayport who broke her favor) n a fall by the Post Office on Third Street. CONSULTING ENGINEER'S REPORT 1. On motion of Councilman Roger Peterson, seconded by Councilman Powell, the Council approved Change ORDER No. 4 for Local Improvement No. 157 -1 (Johnson Bros.) in the amount of $965.88 for a deduct for costs incurred by the City of Stillwater relating to accidental dump of into a sanitary sewer system on May 18, and 19, 1979. 2. MR. ELLIOTT reported that the frontage road by the Industrial Park is being paved on this date. 3. r ing asLrapilyeasritdshould, has isehopefulathathitwwill1benfinsh progress- d before the snow comes 4. MR. ELLIOTT reported that he and Mr. Shelton met with the representatives from Burlington Northern and Harvey Moelter and hopefully that they will have a final report on this matter. The area is very restrictive as to access and the costs might reveal that it might be less costly to put in a new culvert. He felt that he would get one of the bigger contractors like Orfei and have them take a look at it tomorrow. It is estimated at the south end of that structure there is about 130 yards of material and he is looking for the most economically solution to the problem. He stated that the tracks show settlement of about a foot on the main line which is very heavily used. 9 Roger Peterson, a resolu- STOP SIGN AT TOWER AVENUE WORMER" (Washington old w1 a • • • st • • • November 20, 1979 5. COUNCILWOMAN BODLOVICK, stated that Bruce Folz from the Joint Powers asked if Mr. Elliott could be present at their next Joint Powers meeting, but she stated that the City will have to get hold of Bruce and tell him that any work or consulting fees or expense he must pay for - shhen to checked County today and they stated that in no way are they going pay for MR. d that Othes tated speculation the this matter. CITY COORDINATOR'S REPORT 1. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council set the date of December 4, 1979 for (all proposed posed)use hearing for the Revenue Sharing at 7:30 P. M. 2. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, Councilman Powell, Mayor Junker, Nile Kriesel and the City Attorney were directed to attend the mediation hearing for the Stillwater Firefighters and that submitted - the Council theirrstudylandsrecommendation. they wi (all e in favor) back to or) 3. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the City Coordinator was directed to write to the City of Excelsior and find out how large a Volunteer Fire Department they have, what it costs to operate it, what the classification of the City is for insurance purposes ( fire rating ) and send the information back to the City Council for future plans for this depart- ment. (all in favor) • 4. MR. KRIESEL informed the Council that the City is required by the Federal and State Energy laws that we have to conduct a Mini -Audit - the City itself can do this or we can have certified meini- auditors do the work and then compile information for the maxi -audit and an engineering analysis on the building itself for recommendations for saving energy. Mr. Joel Holstad can do the audit and the cost will be no greater than the amount of monies that the City will receive from grant funds. He has also agreed to finish the existing energy building reports which has to be completed by December 30th. On motion of Councilman Roger Peterson, seconded by Councilman Powell, Mr. Kriesel was authorized to contact Joel Halsted and have him conduct the energy mini -audit under an agreement setup by our City Attorney. (all in favor) 5. On motion of Councilwoman Bodlovick, seconded by Councilman Harry Peterson, the Council authroized the release of the $15,000 contract bond for P. J. Gaughan if there are no complaints from two particular residents. (all in favor) 6. bring o old dumpsite t and Mayor Junker be there n h onSaturday the Concil when the people come to take the wood out of there. Operating procedures will be setup and just individual home owners could come and take it out of there - Mr. Haines has agreed to remove the brush or other debris if there is a problem there. Guideline sheets will be passed out to the people who take any of that wood out of there. 7 City into twenty u year assessment a policy because o o� e sett a setting precedent type thing. Ron was really worried if the City ever got stuck with a large amount that the people that buy and sell those bonds are going to be leery about coming and bidding when we have a debt that goes for twenty years which is substantial. Ron is not really seeing that happening in Stillwater, but is concerned about setting a precedent and Mr. Kriesel did not feel at this time ofathehsaleuofithe land h or e a t ten e year p period h thateinathet time future when we do set a twenty year assessment that we take a look at what we have and set a policy for that particular assessment roll. At the present time requiring someone to pay off over a shorter period of time or pay it all right now, he did not feel that it is necessary. As far as the "Green Acres" the law says that all deferred assessments shall become due and payable within ninety days and he understood that to mean all are secial installmentss is the spread over a twentyyeareperiiod, if one installment should have come due that would have been payable, that would be what is called a deferred assessment - not the total amount. The City is required to accept the one alt h we come due force or ehthemototpay all of the assessment - only the amount that would L 457 • • • 1 November 20, 1979 The City the Cit 87 set interest L on l the unpaid 129-1 and unpaidbalance and that L. I. No. 157, Y is Council discretion. care of atCouncil thattime when they lose situation "GreenfAcres" can be taken status. 8. On motion of Councilman Roger Peterson, seconded by Councilman Powell, a resolution was introduced DEFERRING SPECIAL ASSESSMENTS FOR SENIOR CITIZENS" (Glenn and Lucile Bell) Powell Mayor Junker AYES--Councilwoman oloviCk, Councilmen H. Peterson, R. Peterson, NAYS- -None (see resolutions) CITY ATTORNEY'S REPORT 1. MR. MAGNUSON explained the matter of the claim against McGrand and Forvarp the contractor for the utilities in the Croixwood Seventh Addition. There were eight different homes that needed repair and Orrin Thompson withheld the amount when he paid the assessments for these in the amount of $7,200 which has not been paid. The Bonding company says it is not non - performance - it is negligent work and that the public liability carrier should take care of it. The public liability carrier says that they do not protect the City in damage, they protect third parties. Another defense is that there was not proper notice given under the statutes for this action since the work was ordered by Thompson and that a formal notice was never filed. They have offered $4,000 to settle the case and his recommendation is to accept a little less than the total amount like $6,500. On motion of Councilman Roger Peterson, seconded by Councilman Powell, the Council refused to accept the $4,000 settlement in this case. (all in favor) 2. MR. MAGNUSON brought up the matter of the notice for the public hearing on the Aiple Towing and Barge business as to whether we want him to relinquish part of it or renegotiate his lease and asked for some direction from the City Council on this matter. COUNCILMAN HARRY PETERSON stated that his whole concern here is that we "shake loose" that part of the barge terminal area that is not being used for terminal activities which were to bring some money ro the City through the tonnage going across the terminal. We are not operating a barge terminal - we are operating a boat repair and barge repair service and he has no objection to that being continued if the balance of the property which is not being utilized at all and no taxes being paid and nothing is coming to the City because of this activity it should be relinquished. He would like to see Aiple come in with a proposition and renegoitate his lease and he would be agreeable to have retain what he needs for the repair of barges - as talk about the long range planning and the master plan which is being developed there are a number of references made to the better utilization of our water frontage - parking problems downtown - he would like to see the Delta has demonstrated clearly that t his w S Paul. felt only interest is in therepairof Aiple barges. COUNCILMAN POWELL asked if he should be required to remove the building and if that was the case, then the City should sue him for breaking his lease - if we did that, then we are not liable to pay any reparations for lost revenue - if it could be established that his lease is broken, then we could ask him to remove those - if the courts find that he did not break the lease, then he did not feel that we should go that far. On motiom of Councilman Harry Peterson, seconded by Councilwoman Bodlovick, the motion of the last meeting was withdrawn for the request for a public hearing and ask that the Mayor appoint himself or others as a committee to meet with Mr. Aiple and discuss his future plans and if he is not willing to free up any part of it, then there will be a public hearing. (all in favor) (Councilman Powell and Mayor Junker will meet with Mr. Aiple and report back at the next meeting) 3. MR. MAGNUSON reported on the Cable T. V. and the last action was that a joint powers resolution be prepared and he has talked to Paul Stewart who is the manager of the southeastern and the Cable Board who has agreed to send this information to him. 4. MR. MAGNUSON discussed with the City Council and lawsuit which was brought by Stillwater Township against the City of Stillwater regarding the Johnson Joint Powers matter - the City has the opportunity as decided by the Supreme Court to retire to the executive session to discuss litigation strategy in this case. COUNCILMAN POWELL stated that Mr. Johnson had called this date and stated that he is not going to re -apply - he is just going to drop it. I► s RI V • • • • • • 0 4 MR. MAGNUSON stated that Mr. Johnson got the idea that the City Attorney was against his proposal by the articles in the St. Paul papers and he assured the Council that this was not the case. He had talked to Mr. Raleigh this afternoon and Mr. Johnson withdrawal from the th prepare Spreame Court action. He stated from the annexation that the C i B H that i could proceed with the annexation without the support of Johnson but he did not feel that would be wise to force this upon the people out there. He did feel that the City should continue to participate in the should Court asttorwhetheratheeCitytneedsl theaTownshipb decided out case COUNCILMAN HARRY PETERSON stated that a lot of negotiating has happened in the past year and there have been a lot of meetings held and felt that many smaller projects elsewhere in the State have taken a lot longer to come to cumulation the consideration feel el tha eJohnson could be critical for anybody for The Council felt that they had given Mr. Johnson fair treatment in his case - the decision was made by the Municipal Commission. COUNCILWOMAN BODLOVICK & MAYOR JUNKER felt that the City and the Township could still negotiate this matter with Mr. Johnson, if he is willing to do that. The Council felt that they would be wasting their time if Mr. Johnson is not willing to re -apply and there was discussion about the improvements for the area and the development of the area. MR. MAGNUSON made mention that Mr. Johnson had some concern about a tosdealewithnand�thes Councileconcurred thatCommittee they did not blame him for would have Agreemnt and this concern. On motion of Councilman Roger Peterson, seconded by Councilman the Supremes the processingstructed proceed with favor) 4. MR. month on this thetCo asked the Council to consider the Municipal Codes within the COUNCIL REQUEST ITEMS MAYOR JUNKER brought up the matter of the vehicles parking on Greeley Street willhbeVstoring Taxi his will be tomorrow and garage theav he vehicles will be moved in. (Valley Auto Garage on Second Street). On motion of Councilman Roger Peterson, seconded by Councilman Powell, the (all in mengarec)recessed at 5:40 P. M. until 7:30 P. M. RECESSED MEETING November 20, 1979 7:30 P. M. 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: Also Present: Press: Citize November 20, 1979 None Finance Director /Coordinator, Kriesel; City Clerk, Schnell; City Attorney, Magnuson; Superintendent of Public Works, Shelton; Director of Parks and Recreation, Blekum;airman, Consulting Engineer, Moore; Planning Farrell Stillwater Evening Gazette - Liberty St. Paul Dispatch - Linda Owens WAVN - Gary Larson Kevin Charlsen, Dick Colemier, Virginia Ritzer, Tom Cropp, David Luger, Dan Mosiman, Mr. & Mrs. Jack Lux, Mrs. Eugene Bartkey, Shirley Gile, Bob Farrar, Ed Simonet III 45 • • • • • INDIVIDUALS- DELEGATIONS 1. DAVID LUGER, appeared before the Council regarding the proposed sewer and water to serve Lots 21, 22, 23 and 24, Block 4 Wilktns Addition - he and Mr. Moore have gone over the new revised feasibility study for this property and he has only one question and that is in reference to the drainage for the low area of the property. The proposal that Mr. Moore has made and that which is acceptable to him is that at the time of building or before building permits can be issued that the contractor would submit contour lines and if the drainage is eliminated by this plan, then the proposed storm sewer would have to be installed. MR. MOORE indicated that this was fair and it depends on the structure that is built and the grade that is maintained - there is a stub -out of the catch basin so it would not mean disturbing the street. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, a resolution was introduced "ACCEPTING THE FEASIBILITY STUDY, ORDER FINAL PLPNS AND SPECIFICATIONS, AND DIRECTING THE CLERK TO ADVERTISE FOR BIDS" said bids to be returnable on December 18, 1979 at 3:00 P. M. with the cost of same to be spread for three years and that Mr. Luger will be advised of the bid price before the contract is let. AYES -- Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) the City 2. TOM e Valley the Stillwater Company utolthe regarding Valley Taxi Company, Inc. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council authorized the transfer of the Stillwater Taxi Co. four licenses to the Valley Taxi Co., Inc., subject to receipt of the properly executed forms and the release from Virginia Ritzer. (all in favor) On motion of Councilman Roger Peterson, seconded by Councilman Harry Peterson, the Council set the date for the heeling on the propsoed taxi rate increases for December 18, 1979 at 7:30 P. M. (all in favor) Discussion was held about the storage of his vehicles on South Greeley Street and he informed the Council that they will be moved out there as soon as his proposed storage area is approved by the Building Inspector (This will be at the Valley Auto Building on South Second Street). 3. SHIRLEY GILE, 2326 Boom Road, appeared before the City Council regarding septic tank problems at her residence and she was informed that this matter had been taken care of at the afternoon meeting - the Building Inspector was authorized to grant these permits subject to the occupant following the Building Inspector's recommendation as close as possible to the County Building Code. She was directed to contact Mr. Snelson in the morning regarding her permit. PETITIONS None November 20, 1979 PUBLIC HEARINGS 1. This was the day and time for the public hearing on Case No. 370 for a Special Use Permit for Jack Lux on Meadowview Drive for a Townhouse Development. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on November 9, 1979 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. MR. LUX explained the proposed plan and submitted plans and photos to the Council for their reviewal. The proposal is for four 4 -unit townhouses - two buildings on each side of the street - in this way they could leave the majority of the stand of trees in that area - instead of ten structures he would have four. This would be an alternate Special Use if the financing is available for same, but if not they will go back to duplexes and single families. He has talked with the neighbors and they have signed a letter and there is no objection to same - as far as he knew this represented all of the neighbors. MR. MAGNUSON felt the proposal is fine for the neighborhood - aesthetically it is a much better one. a •.n • • • • • 4 a • • 7 November 20, 1979 sure a�pipe�to ake of the requested that the pond and LUXhand there is the engineer indicated that this is going to be taken care of and it is just a questions of just how it will be put in. COUNCILMAN ROGER PETERSON asked if this was a Special Use Permit or Rezoning and MR. MAGNUSON stated that it is a Special Use Permit and that is is permissable to treat it that way. He also stated that if there is any change in the plan that he come back to the City Council so that they are aware of it. treessAare$locateda Mr. an easementeovernitdsoo that bepuse property which for yard area. MR. LUX stated that they are going to proceed on a condominium concept where the people own their particular unit and they own all of the land and he is not looking for any more buildings - he had a suggestion for a swimming pool, but he is not going to proceed with that He stated that they are hopeful that these units will sell for from $62,000 to $66,000 each. MR. MAGNUSON asked the Council if they are going to require a scenic easement over the wooded area and MR. LUX stated that if the owners wanted to do anything with that land they would have to come back to the Council for that. MR. LUX also stated that he did not feel that they would want the public to go over that land either. He just wanted the Special Use Permit for the four buildings. MAYOR JUNKER asked if that would not take care of it and MR. MAGNUSON stated that it would until the next time someone comes in down the line. Questions were raised as lo how this could be put into a Special Use Permit and MR. MAGNUSON stated that this would be awfully tough. If these owners may Council want to build another the neighbors would have thetrightp appear oice would have to and at that done, g IC could be done over the neighbor's objections. TOM FARRELL indicated that the Planning Commission was concerned if we have a different Council in five years those two end lots still exist as buildable lots on the plat. MR. LUX stated that they are going to record a new plat as Meadowview Estates and it won't be lots or blocks -there is going to be four buildings - along with the common ownership of the common land so there will not be plotted lots any more. COUNCILMAN ROGER PETERSON questioned the change in the plat and it was confirmed that if he goes ahead with it and has a condominium, then the Council would have to approve a change in the plat. thatMisNasdifferent it be go with the de n and deed. The Mayor closed the hearing. On motion of Councilman Roger Peterson, seconded by Councilman Powell, the Council granted the Special Use Permit to Jack Lux subject to a covenant being instituted indicating t hat t favor) land will remain undelveoped. 2. onan for variance for property e at i the corner of Rice and Greeley and time for the public Streets. Notice of the hearing was published in the Stillwater Evening Gazette, the official papCity, on, November 9. 1979 and copies were mailed th all icialrte ser within Cit The Mayor opened the hearing. MR. YONAN was not in attendance due to a conflict. MR. the RCouncilparmap showing the location of the property. it There waspresented some property. that ere doesnexistramsmall berm between these Bartkey's this lot would concern these lots. The Planning Commission approved this on the basis that that berm be continued all the way to the back line and that his house have drainage tile around it so that runoff would back into the sewer. requiremmeenntsOand how the lot was about 600 square minimum feet. MAYOR that i t d Mr. Shelton if the berm would control the runoff and MR. 461 • • J • • j • 6 (462 November 20, 1979 MRS. EUGENE BARTKEY, 204 North Lilliam Street, asked about the storm sewer and if that is in now and MR. SHELTON stated there are stub -ins to this lot in 1963 and if he tiles around his house and puts it into the sewer system - he insists upon building down into the hole - if he creates a berm there and he wants to use the lot that way and build in the hole - if he terraces lot.siThisnisr sanitaryrsewernandhthewstormedrainageawilltthenagoMinto Simonet's this drain. g stated lower than theestreet jumps and their level and their basement is being used for bedrooms. MR. SHELTON will check this matter out and see if the curb can be raised to prevent this and he also stated that if Mr. Yonan builds in the hole this should not create any more run -off of storm water to that area. Mr. rs Shelto stated that if he filled in the lot and built, then Mr. Simonet, Y . and Mr. Reinhart would have problems. MAYOR JUNKER questioned whether we want this runoff going back into the sanitary system and MR. SHELTON stated that the number of times is not that great. COUNCILMAN HARRY PETERSON felt that it would be better to have a home on this property rather than this hole that is currently there now - the neighbors would appreciate having a house instead of the jungle that is there. ED SIMONET III, stated that he had only one question about the berm and MR. SHELTON explained that this would keep the water on this lot rather than putting it into Mr. Simonet's yard. Mr. Simonet stated that he currently has a sump -pump in his basement. MAYOR JUNKER was concerned about the storm water drainage of this property and MR. SHELTON explained how this would work and the locations of the various services - he could possibly use the floor drains in the basement to go into the se. - line. questions were raised as to where the water currently goes in a heavy rain and MR. SIMONET stated that most of it goes into his basement. COUNCILMAN POWELL felt that we were expecting a lot of the sanitary system to take care of this amount of water - in a normal yard it can be acceptable - he felt that he should raise his lot. MAYOR JUNKER was very concerned about the drainage on this property and the problems that it would create for the City - he felt that he should built the home so that his property line was even with the street on the easterly side so that any water that did fall in there would drain out into the street and down the gutter - MR. SHELTON stated that if the property was raised six feet it would put water onto Mr. Simonet's yard. The back corner is level with Mr. Simonet's yard right now - if he is going to fill it up eleven feet, the City should not give him a permit. COUNCILMAN ROGER PETERSON felt that we were asking for trouble - possibly there will be nothing happen for several years, but when it does . . . MR. SHELTON stated that if this was filled in then Mr Reinhart would have water running right into his garage. DAVE REINHARDT, 211 North Greeley Street, felt that the Council should go up there and take a look - Mr. Simonet already has water in his basement and when it rains and it doesn't have to rain very hard, it comes very close to his garage door now - if there is a slightest raise on that property, there will be roblems both in yard one without and the s way or another. COUNCILWOMAN BODLOVICK stated that her first concern is the size of the variance and that if he did the drain tiles it might be less of a problem than is there now, bt her conern was address c to start t using r some e of these h lots r because e that is all twee must have left. COUNCILMAN ROGER PETERSON disagreed with that because there are 5,000 square foot lots left. MAYOR JUNKER stated that if we don't cut the grass, and the weeds and the owner doesn't, it looks terrible and a home with sod there would dress it up nice and all of the neighbors would be happy - if you have a water problem, you have to look at it in a different way. BA PI 1 L • a • • • • - P r • to November 20, 1979 MR. EDWARD SIMONET stated that he would like to have some assurance from already haseaisumCommission m nd with the no app MAYOR JUNRER felt that the City could be liable for a water problem. COUNCILMAN HARRY PETERSON felt that the Council should postpone any action on this DAVID MAGNUSON stated that the question of liability is an important one - if the City Engineer and Jack gave him a plan and he follows it and then he has problems, then we would have to assume the liability that we do not have beforehand - he thought the engineering study and the proof that it is really buildable and won't cause damage to either the City or the ne'ghbors, then it should be his burden and the Council concurred. Also the Council should keep in mind that it is something that the City has faced a couple of times - the services are stubbed into the lot and the lot has been assessed for the services and you would have the argument that a determination was made that it was buildable when that was done - the City has to protect itself if they allow him to do it. fel the felt neighbors d Moore like t Mr. have a house built there. out - he The Mayor closed the hearing. On motion of Councilman Powell, seconded by Councilman Harry Peterson, the Council delayed action on this question until the first meeting in December which will be after the next Planning Commission meeting and in the meantime the City can and get information from the engineers. UNFINISHED BUSINESS 1. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, a resolution was introduced "NOTE RESOLUTION FOR THE RACQUETBALL CLUB PROJECT". Poweil AYES -- Councilwoman Bodlovick, Councilmen H. Peterson, U and Mayor Junker NAYS - -None (see resolutions) 2. The illwater Fire DepartmentfReliefbAssociation regarding with the and that at 5:00 P. M. they will meet with the salary committee for the Volunteer Firemen. 3. The hearing on the Bald Eagle Contracting License was postponed until December 4, 1979 since Mr. Dick Vadness was unable to be present this evening due to a conflict. 4. tthemCouncilfagreedi toaclosertheeCity offices afternoons Councilman of December 24 and December 31, 1979. (all in favor) THE MAYOR DECLARED A RECESS FROM 8:35 to 8:45 P. M. NEW BUSINESS 1. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, a resolution EwasCiItE NOVEMBER ING9 KAREN N2BREME ARENA CONCESSIONS STAND PER HOUR". AYES -- Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 2. resolution was introduced seconded PAYMENT Councilman Peterson, a THE BILLS". AYES -- Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson, Powell and Mayor Junker NAYS- -None (see resolutions) 3. On motion of Councilman Roger Peterson, seconded a by eC Councileo m a ni Bo dlovick, the Council reconveyed Lots 3 and 4, Block 7, al in faayr) Stillwater to the State of Minnesota 4. On motion of Councilman Roger Peterson, seconded by Councilman Powell, the (all in favor) OfficiaBdile L. Kriesel in the amount of $25, 000 was 463 • • • • 1 • ( 464 INDIVIDUALS & DELFGATIONS None at this time November 20, 1979 APPLICATIONS On motion of Councilman Powell, seconded by Councilman Harry eterson, the following Contractor's Licenses were approved: Elmer L. Helman dba Elmer Helmen Masonry Contractor 2566 N. Fernwood, St. Paul, Minnesota 55113 soiry Work New Jack Heeds Construction General Renewal 411 West Olive Street, Stillwater On motion of Councilman Roger Peterson, seconded by Councilman Powell, the following Off Sale Liquor Licenses and Dmn Shop Insurance were approved: J. L. H., Inc. dba John's Bar Renewal 302 South Main Street, Stillwater Meister Corporation 110 -112 N. Main Street, Stillwater On motion of following ON SALE CLUB Harry CLUBli Peterson, b licenses and Dram ShopInsurance approved: American Legion Club 101 South Third Street, Stillwater Fraternal Order of Eagles #94 227 South Main Street, Stillwater Stillwater Country Club 1421 North Fourth Street, Stillwater Stillwater Elks Lodge N. . P O. E. 110 South Main Street, Stillwater Brine's, Inc. 219 South Main Street, Stillwater ( all in favor) Renewal Renewal Renewal Renewal Renewal On motion of Councilman Harry Peterson, seconded by Councilwoman Bodlovick, the following On Sale Wine Licenses and Bond was approved: (all in favor) Renewal COMMUNICATIONS From the Metropolitan Transit Commission regarding passenger waiting shelters for 1980. On motion of Councilman Harry Peterson, seconded by Councilman Powell, the Council requested the following locations for bus shelters with the understanding that the shelter currently located at Main and Chestnut Street would remain: 1. Oakridge Road and County Road No. 5 2. Fairmeadows Road and County Road No. 5 3. Third and Chestnut Streets by the Arlington Apartments (all in favor) STAFF & COMMITTEE REPORTS (continued) On otion of Mr. was o authodzed R to e advertise n for e two d warming house attendants. Bodlovick, attendants (all in favor) COUNCIL REQUEST ITEMS 1. COUNCILMAN POWELL stated that he was asked about the possibility of leasing out the Ice Arena for the operation of same. The Council directed that he get a proposal for the next regular meeting from this party. • • • • • • • • • mei rai v L October 9, 1979 October 12, 1979 October 16, 1979 October 23, 1979 October 29, 1979 November 6, 1979 November 20, 1979 APPROVAL OF MINUTES On motion of Councilman Powell, seconded by Councilwoman Bodlovick, minutes of the following meetings were approved: (all in favor) QUESTIONS FROM PRESS REPRESENTATIVES None Regular Meeting Bid Opening Special Meeting Regular Meeting Special Meeting Regular Meeting 7:00 P. M. 3:00 P. M. 6:30 P. M. 4:00 P. M. 6:00 P. M. 7:30 P. M. MISCELLANEOUS 1. TOM CROPP, asked if the City had reveived a letter from Community Health Services in which Washington County stipulated the amount of money that the County is going to give back to the eight cities for emergency and rescue services MR. RRIESEL stated that the City did not receive the letter and he had con- tacted Mary Lou Lurth about the letter - it was his understanding that they were going to send the City $15,662 - the City is going to have to get together with Bayport, Lake Elmo, Oak Park Heights, Stillwater Township, and Baytown as to how they are going to spend this money as far as emergency services and rescue services. The cities have to come up with a plan of action before they receive the money. TOM CROPP stated that this is 35c per capita for the Stillwater Ambulance District and $50.00 County. This is for emergency which h emergency medicalservicesbasica basically ambulance and squads. MR. KRIESEL stated that the City has received the financial statements from the Stillwater Ambulance Service and they would be reviewed at the time the budget is sent. MR. CROPP has submitted his budget for 1980 of $13,400. MR. CROPP felt that the cities should get together and form a Joint Powers servicest care of the He financial t budget m has e to y be medical inby January first. MAYOR JUNKER stated, that the Council will discuss this matter at their meeting on Monday evening if they have time. 2. MR. MAGNUSON stated that he had a letter from Charles Weaver, chairman of the Metropolitan Council telling about. a hearing on December 4th on Sikorski- Schreiber Bill on the preservation of agricultural land. He felt that there are some provisions that the Council should be aware of the prohibition of the annexation of land designated - that tracts of forty acres are eligible - that eminent domain proceedings are prohibited and they cannot be assessed for sewer and water. He stated that if Lecuyer or somebody like that secured the designation in which he receives favorable tax treatment and various other things it would mean that you never could have the Reliance Development Co. project because you could not assess area benefit for rural land - you could not annex it so in effect the City would be completely blocked in and never grow and he felt that the City should be opposed to it - he felt that the Council should read it. MR. MAGNUSON felt that written comments would be more effective than attending this hearing and the Council were in opposition to the items that Mr. Magnuson had outlined -it is of no benefit to the City - it would stop any development around the area in the future - it would crea to such problems in assessing areas within the City. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, a resolution was introduced to be sent to the Metro Council or any other body, opposing this bill by our State Senator Sikorski. AYES -- Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 465 • • • • • mE • •/ 466 ORDINANCES None November 20, 1979 RESOLUTIONS The following resolutions were read and on roll call were unanimously adopted: 1. Directing the Payment of the Bills. 2. Note Resolution for the Racquetball Club 3. Employ Karen Bremer - Concession Stand Attendant - Arena 4. Police Recruitment 5. Stop Signs - Tower Drive and Washington Avenue North 6. Deferred Assessments for Glenn and Lucile Bell 7. Accept Feasibility Study and Order Final Plans and Advertise for Bids, Local Improvement No. 176 8. Opposing Metro Council Bill ( Sikorski- Schreiber) 9. Garbage Contract (repass) ADJOURNMENT On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the meeting adjourned at 9:05 P. M. Attest: J.�/ .e ,6 4.""o'a ■ City filerk Mayor • • • •