Loading...
HomeMy WebLinkAbout1979-12-18 CC MIN• • • 486 COUNCIL CHAMBER 4:00 P. M. Stillwater, Minnesota December 18, 1979 REGUL:. MEETING The meeting was called to order by President Junker. Present: Councilwoman and ma Bol Junker H. Peterson, R. Petersi , Absent: Also Present: Citizens: None INDIVIDUALS & DELEGATIONS None None Finance Director /Coordinator - Kriesel; City Clerk, Schnell; City Attorney, Magnuson; Superintendent of Public Works, Shelton; Public Safety Director, Abrahamson; Director of Parks & Recreation, Blekum; Consulting Engineers, Elliott, Moore and Van Wormer; Building Official, Snelson Press: Stillwater Gazette - Liberty St. Paul Dispatch - Broede COMMITTEE REPORTS PUBLIC SAFETY 1. MR. ABRAHAMSON presented to the Council the proposed schedule for the Fire Department and indicated that Mr. Kriesel has worked out a cost analysis - this proposal would do away with all comp -time for the Fire Deparrment. He had talked to David Chial and he is willing to go along with this by going back on a shift. This is a way that we can do away with comp -time and save possibly about $13,000. With this proposal they can keep the same response time that we currently have for the first truck and would give a better pro- tection for the citizens if this plan is used. They would rotate shifts so that they would get a full weekend off once a month or every time the schedule changes. The hours worked are the same as they are working now as far as pay goes - no problem with hours - it would remain a 56 hour work week. He felt that it was a good situation and as long as Mr. Chial is willing to go back to a shift at the same rate of pay as Gordy Seim and still be the Fire Chief - he recommended that this be done. COUNCILMAN ROGER PETERSON felt that it was a reasonable approach - it is a well worked out schedule. MR. KRIESEL stated that the figures that they had been working with and that and morewrealisticallyathesfigure would be moredaroundd$12,000. n the sick leave that would be MAYOR JUNKER stated that this would mean that we would eliminate having a Fire Chief for about three days per week. CHIEF ABRAHAMSON stated that he would come back on fires just as the rest of them with the same pay set up as Mr. Seim. MAYOR JUNKER stated that he really got some static on this Fire Deparrment deal from some business men downtown and on the fill and if all we are looking at is $12,000, then we are making a great mistake because we have one of the best Fire Departments in the State and why disrupt it for $12,000 and they want to know why. COUNCILMAN POWELL stated that he had not hear one comment or complaint . . . COUNCILMAN R. PETERSON asked which ones and MAYOR JUNKER stated Jim O'Brien of Simoners, Fred Bliss . . . COUNCILMAN R. PETERSON stated that Jim O'Brien is in favor of doing anything that will improve the situation and save money. MAYOR JUNKER asked if anyone told him that they were going to take the Fire Chief out of the office and put him on a shift and the response was that this was the proposal and the Mayor contested this fact. He hoped that it was not the intention to eliminate the Fire Chief - he inspects buildings with the Building Inspector and now we have lost him for that - he felt that the plan that was going to be worked out was to do something with volunteers and not eliminate the Fire Chief for three days out of a week. PI 1- 1 r • • • • r • • D ecember 18, 1979 487 1 • 0 • I e . w if COUNCILMAN R. PETERSON asked /one of the other firemen couldn't inspect buildings while they are on their shift, and he felt that this could be a part of their job. MAYOR JUNKER felt that it was the Fire Chief's job to see if a building is safe - now you are taking one fireman away from the job - the Fire Chief was an extra person working eight hours per day running the Fire Department. MAYOR JUNKER felt that the same thing could come about in the Police Depart- ment by putting the Police Chief downtown and not hire another one when we need one and COUNCILWOMAN BODLOVICK felt that Mr. Abrahamson did an excellent job in doing the job that they ordered him to do - and felt that it was worth while a try and it it does not work within three months, you can revert back - there is nothing to say that you can't change. COUNCILMAN R. PETERSON did not feel that we are making the Fire Department any less effective than what we have right now - frankly, he felt that it would be more effective - he agreed that we have one of the best departments in the State and did not believe that it would be less effective by doing this proposal - you have the same men - you have the Chief pulling a shift - that is the only difference. MAYOR JUNKER asked why they are just taking the Fire Department by putting the Chief on a shift basis - take him out of the Fire Department for two or three days and asked why for $12,000. COUNCILWOMAN BODLOVICK stated that the Fire Chief volunteered to pull a shift and MR. CHIAL responded by saying that he had two alternatives - one had been presented with one man in the station for 15 hours per day if that was done, he would be required to stay in the station and he could not go out on inspections and that would affect their response time and in lieu of that, he would rather go to a shift and then there would be two men in the station who could respond immediately and keep the response time down to approximately three to five minutes. He felt that it would be wasting manpower by just having one man in the station to answer the phone, etc. COUNCILMAN POWELL stated that Mr. Chial said it wouldn't work when a lot of volunteer departments work exactly that way and MR. CHIAL stated that they have fire stations located in the center of the community or they have stations located throughout the City. It takes four minutes to get the second truck out of the station than it takes the first truck - he drives from his house down to the fire station and takes the fire truck and drives back up the hill. If there was a fire station located near his home and also near the fire, then they could get there faster. The men when they respond to a fire have to stop at all of the stop signs and they can't go over 30 miles per hour or the policemen will arrest them for it. CHIEF ABRAHAMSON stated that he did work on several other plans and he did meet with Chief Chial and Dave told him that this plan had more merit than Powell's plan and David agreed to go back on a shift and they came up with this plan - he felt it was fair and it would still give the citizens of Stillwater better protection or the same protection that they have had and Mr. Chial will be making a little bit more than he is now. COUNCILMAN R. PETERSON could not see any harm in trying it and did not feel that it was affecting the department in any way. MAYOR JUNKER stated that it is worth a try and that we could go through all of the departments and try the same thing - he did not feel that it was fair at all - it is one wrong way to go at it - did not feel it was fair to take the Fire Chief out of the station for eight hours a day that we have him there. COUNCILMAN R. PETERSON stated that at one time we didnot have a Fire Chief - we had a crew chief. COUNCILMAN POWELL stated that we have tried many things and we have not lost our fire rating and MAYOR JUNKER stated that the reason that we have not lost the fire rating is because we have such a good department and we should not discourage it and have not lost any men. MAYOR JUNKER is fairful that we will lose some of the members of the Department with this proposal. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, a resolution was introduced "ACCEPTING THE PROPOSAL. OF THE DIRECTOR OF PUBLIC SAFETY AND IMPLEMENT THE NEW SCHEDULE FOR THE FIRE DEPARTMENT ON JANUARY 1, 1980 FOR A TRIAL PERIOD OF THREE MONTHS AND THE FIRE CHIEF TO RECEIVE THE SAME PAY AS THE ASSISTANT CHIEF" (Seim) There was discussion as to whether he could be cinsidered a "chief" for collective bargaining. • • • • { 1 • • I 488 December 18, 1979 MR. MAGNUSON stated that his duties would not change, but he would be there at different times, and felt that he would still be the Fire Chief and serve his function and MR KRIESEL asked about putting the Fire Chief in the contract classifications - by law the City would not have to consider David Chial as a member of the Association. MR. CHIAL stated that he should receive equal pay to the man he is working with on the shift - in the past he received less momey than the assistant chief - if he works a shift he felt that it was only reasonable to assume that he will make as much money as the assistant chief and it was agreed that is what the intention was in the plan, and he would not have to be a member of the Association. - - VOTE ON THE RESOLUTION- AYES -- Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson and Powell NAYS -- Mayor Junker (see resolutions) - -- COUNCILMAN HARRY PETERSON informed Mr. Abrahamson that the City of Crookston has some parking meters for sale and asked him to check it out as we are in need of same. PUBLIC WORKS 1. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the Director of Public Safety was instructed to contact the Washington County Engineer to see if it is possible to have a stop sign at the intersection of South Greeley and West Churchill. (This would be stopping Greeley Street) (all in favor) 2. On motion of Councilman Roger Peterson, seconded by Councilman Powell, the City Attorney was instructed to investigate the possibility of vacating that portion of Sycamore Street from Broadway to Highway No. 95. (A strip of right -of -way about 30' x 100') (all in favor) 3. On motion of Councilman Harry Peterson, seconded by Councilwoman Bodlovick, the Director of Public Works was authorized to put up some type of permanent barricade for Chilkoot Hill (South Second Street to the north of Pine Street) - and that in inclement weather he use his judgment as to when the chain should be put up. (all in favor) 4. On motion of Councilman Roger Peterson, seconded by Councilman Harry Peterson, that George Deithert and Jeff Zoller be authorized to attend the sewer school on January 21, 22 and 23, 1980 and pay the registration fee for same and that next year David Reichow or another member of the department be allowed to attend the next time as a backup for this work. (all in favor) 5. Mr. Shelton reported to the Council on the drainage on Pine Tree Trail and according to the original proposal Swagers were suppose to put in a swail from the pond out to the catch basin in the street and looking at it by putting a swail in there the way the houses are located now it would be impossible. He suggested that Duam take a look at it and then he could get back to Jack Nelson. Mr. Norris Swager agreed that it would have to be a concrete pipe or culvert buried getting over to the catch basin or the storm sewer that is in Pine Tree Trail and he felt that if Mr. Nelson was told this and also that if he needs a pump in the spring that the City would go up there and pump it so that he would not flood and that will relieve him. Mr. Nelson is concerned about the water tank overlfowing and coming over his property snless it could be drained in another direction if possible. On motion of Councilwoman Bodlovick, seconded by Councilman Roger Peterson, Mr. Elliott was instructed to look at this problem and report back to the Council and Mr. Swager. (all in favor) PARKS & RECREATION 1. Mr. Blekum reported that the hockey boards have been assembled for the Croix - wood Park Site and are ready for use. - 2. On motion of Councilman Roger Peterson, seconded by Councilman Powell. a resolution was introduced "EMPLOYING CARETAKERS FOR THE WARMING HOUSES AT STAPLES FIELD AND CROIKWOOD PARK SKATING RINKS (Gary T. Gramenz and Neil Kindschy for Staples and Timothy Sherin and Scott Shely for Croixwood Skating Rink). AYES -- Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) Nei SI e a • • • • A December 18, 1979 1S BUILDING OFFICIAL No report CITY CLERK No report CITY COORDINATOR'S REPORT 1. MR. KRIESEL re tded the Council that there will be a meeting on December 20th for the Revenue Sharing Budget Hearing at 4:00 P. M. 2. MR. KRIESEL stated that he had been in coact with Chuck Swenson and he would like to set up a meeting on the Local 49 contract and the most agreeable date was January 4, 1980 at 4:30 P. M. 3. MR. KRIESEL informed the Council that the Association of Minnesota Municipalities have a general membership meeting on Levy Limit Workshop on January 9th and he requested permission to attend and asked the members of the Council that are available should plan to attend. On motion of Councilman R. Peterson, seconded by Councilwoman Bodlovick, Mr. Kriesel was authorized to attend this meeting and anyone else who would be available. (all in favor) (If any of the Council members are going to attend, they will have to advise Mr. Kriesel by January 3rd to make reservations) 4. MR. KRIESEL informed the City Council that he will be attending the meeting tomorrow nite (December 19th) on the funding from Washington County on the Emergency Medical Services. The eight communities are suppose to come up with a plan on how to distribute the $15,622 and he is hopeful that all of the cities will be represented tomorrow nite and he was looking for some direction from the Council as to how they feel this money should be distributed. He stated that it could be done on a per run basis or a per capita basis - formula arrived in the first place was per capita or square mile basis and he felt that would be the easiest way to distribute it on a per capita basis and Stillwater would get about $4,600 and then we could decide how we would want to distribute it - give it all to the Stillwater Ambulance Service or to the rescue services and there are only three resuce services. On motion of Councilman Powell, seconded by Councilman Roger Peterson, Mr. Kriesel was instructed to suggest that we go per capita and if the other communities would per run,the City of Stillwater would not be opposed to that. (all in favor) 5. MR. KRIESEL informed the Council that the City received a letter from the Metropolitan Waste Control Commission on Monday, which did not get into the packets, and in that letter they point out that there has been an I/I assessment conducted for the service area which includes Stillwater and they are in the process now of applying for a grant to do an I/I analysis and that the I/I assessment which could show that it may be more cost effective to remove excessive amounts of water or I/I into the sewer system. He and Mr. Elliott are trying to stay on top of this and they have made contact with the Metropolitan Waste Control Commission and he felt that was one of the top priorities of his job and Mr. Elliott as Consulting Engineer. Mr. Elliott is in the process of drafting a letter stating that we are very inter- ested in receiving these grant monies - later this evening we should have a second reading of an ordinance amending the sewer service rates and in the memo he stated that it could be three or four years before we really get into sewer rehabilitation. MR. ELLIOTT stated that the Metro Waste Control Commission is applying for about a million dollar for the area I/I studies - this is insufficient to cover the total cost and the figures have been estimated to be as high as three million and he felt it is important that the City express an interest at an early date in the program in its willingness to cooperate with the program and felt that we should go so far as to authorize the Mayor to sign any pass -thru agreement of funds. They state that the City must in the terms of the agree- ment with the Metropolitan Waste Control Commission basically all they are going to do is apply for the funds and there will be a pass -thru agreement for the funds - the City must enter into an agreement - the more steps that can be made in the City's interest, the greater opportunity that we would be funded in the first go around - some of the problems have been evident for years and that another part of the study is - the study done thus far is called a "desktop study" - the next phase is to set meters and meter flows in many locations in the City - that must start in the winter - get the base flows in the winter time and it is urgent and the Cities that do not get started this winter will automatically have lost about 6 to 8 months time in the over -all City. We are talking about a year of study work - it has to go through a number of rainfalls - have to go through the winter months with base flows and in Stillwater (continued on page 490) 489 • • .v • • • • / 490 December 18, 1979 • you go through high river levels and check the flows in that interceptor along the river. There are a lot of things contingent upon the season and he urged the Cou,:cil to move and show an interest. The municipalities will have to enter into an agreement with the Commission regarding pass -thru of the grant funds, because the Commission will be required to remain the grant applicant on behalf of all participating municipalities. On motion of Councilman R. Peterson, seconded by Councilman Powell, Short - Elliott- Hendrickson was authorized to contract the Inflow /Infiltration Study - this is step 2 of the Inflow I/I Phase 2 Study and authorizing the Mayor and the Clerk to sign any pass -thru agreement. (all in favor) MR ELLIOTT stated that first of all the Metropolitan Waste Commission must get the grant from the EPA and he understands that has already been started and the funds are mailable and it is hopeful that the work can be done this year. If he can get started within sixty days, we would have it made. MR. KRIESEL stated that the estimated cost of that analysis would be about $30,000 of which we would receive 90% funding and Mr. Elliott stated the esimate would have to refined based on the number of miles of sewer - the City's share would not be more than $3,000 to $5,000 on the first phase. CITY ATTORNEY'S REPORT 1. MR. MAGNUSON reported on the offer from the bonding company on the McGrand Frovarp that they had offered $4,000 and the Council directed that he request $6,500 and they agreed to settle for that. The total claim was for $7,300 and he felt that it was reasonable to accept the $6,500. He stated that the Home Insurance Company paid Mr. Woodhouse $650.00 and that was paid on the basis that the City would agree to protect their interest in the claim against McGrand Frovarp and felt that the City should pay Home Insurance Co. a pro -rated share of this amount. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council agreed to accept the settlement of $6,500 from McGrand Frovarp's Bonding Company and that the City bill Orrin Thompson for the difference between the total claim of $7,300 and the $6,500. (all in favor) a CONSULTING ENGINEER'S REPORT 1. Mr. Elliott presented the final estimate on the Stillwater Industrial Park work by Johnson Bros. in the amount of $46,613.28 - basically he is releasing the retainage and this is the final estimate. However, there is one problem - three weeks ago there was a watermain service break and they had to excavate into the street to repair it - it is recommended that there be a Certificate of Deposit in the amount of $2,000 prepared in the name of the Clity as well as the Contractor that would be an interest earning note to cover and insure that they will get in and repair the street in the spring. This happened so late in the fall that just a cold mix patch was put in there now and this is a good contractor - the City could hold the retainage until the work is done - it would be a substantial amount of money for a small repair - also the contractor's performance bond is kept open for one year after the completion of the job and it will not be completed until •i next spring. He felt that the City should make the final payment and that starts the one year completion time and the City is also protected by having this $2 000 !M note in its name as well as the Contractor's name. On motion of Councilman R. Peterson, seconded by Councilwoman Bodlovick, a resolution was introduced 'ACCEPTING THE WORK FOR LOCAL IMPROVEMENT NO. 157 -1, STILLWATER INDUSTRIAL PARK PHASE II AND MAKING FINAL PAYMENT" (Estimate No. 11 to Johnson Bros. and requesting a $2,000 Certificate of Deposit to cover the cost of patching the hole, both in the City's name and the name of the contractor. AYES -- Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) (all in favor) 2. MR. ELLIOTT distributed to the Council two reports - (1) updeted Lily Lake Level Control Report (white); (2) copy of the 1974 Lily Lake Study File No. 7337 (green); and indicated that the cost of controlling the level of Lily Lake and the work necessary is in this report and it amounts to $121,000 and asked for authorization to send this report to the DNR and he felt that they should have an opportunity to review it at some later date at an informal hearing. On motion of Councilman R. Peterson, seconded by Councilman Powell, the City's Engineer was authorized to release this report to the DNR. (all in favor) kei • 0 tiad • • • • • December 18, 1979 or 3. MR. ELLIOTT stated that he will distribute to the Council at the next meeting a Comprehensive Sewer Policy Plan which had to be prepared as a part of the City's Comprehensive Plan which is being done by Carl Dale. He showed the Council maps for this policy plan indicating where expansion will occur. This relates only to sanitary sewer. The Augustine property is proposed to be sewered in 1980 and in 1981 perhaps the Reliance Development will go and Croix - gate 1982 -83 and then the Emerson property in 1984 - this time spread has been over ten years and these dates would not be firm commitments. The balance of the maps related to drainage areas. 4. This was the day and time for the receipt of bids for Local Improvement No. 176 for sanitary sewer on St. Croix Avenue. The advertisement for bids appeared in the Construction Bulletin and in the Stillwater Evening Gazette, the official newspaper of the City. The following bids were opened at 3:00 P. M. with the following persons in attendance: -- City Clerk, Schnell; Finance Director /Coordinator, Kriesel; Consulting Engineer, Dick Moore and the five bidders: Bid No. 1 New Mech Companies 1608 Como Avenue West, St. Paul 55108 Bid No. 2 Bid No. 4 Bid No. 5 Bid Bond Total Bid W & G Rehbein, Inc. 7087 - 20th Avenue Hugo, Mn. 55038 Bid Bond Total Bid Bid No. 3 Julian M. Johnson Construction Corp. — 1060 N. E. Nassau St. Blaine 55434 Bid Bond Total Bid Hayes Contractors, Inc. 1010 Currie Ave. Minneapolis 55403 Bid Bond Total Bid ACG Mechanical, Inc. 797 Raymond Avenue St. Paul 55114 Bid Bond Total Bid $19,666.00 $16,747.00 $19,212.00 $13,648.99 $16,470.00 MR. MOORE reported on these bids at this time - the estimated cost on the report was $10,415 that is without the storm sewer - the reason for the high bids is number one, winter and number two the bituminous repair has been bid quite high because no one knows what the price will be in the spring. He talked to Mr. Luger after the letting and he express a desire to reject the bids - he did not indicate exactly what he wants to do. It was suggested that we get a letter from Mr. Luger indicating that he does not wish to have this done at this time. It was also indicated that if the project is not constructed that he re- imburse the City for the engineering costs. 5. MR. ELLIOTT discussed with the Council the problem with the fill by the Burlington Northern tracks on the north end of Stillwater. He felt that the solution rather than remove a good share of the material which would be extremely difficult and they are having problems in getting material into the area - he felt that a drop structure on the end of the existing tunnel - this was discussed with the railroad engineers and they approve of that type of solution and he was asking the Council for the receipt of bids - the bids will basically be on an hourly basis listing equipment hours because of the problems of getting into the site. MAYOR JUNKER Indicated that Miller Excavating stated that they have good intentions of giving the City a price and he requested that he be given permission to call them after this meeting and see if he has a price or not and then action could be taken this evening on this matter. On motion of Councilwoman Bodlovick, seconded by Councilman Roger Peterson, the meeting recessed at 5:10 P. M. until 7:30 P. M. this evening. (all in favor) 491'' • • • • • 492 COUNCIL CHAMBERS RECESSED MEETING December 18, 1979 7:30 P.M. The meeting was called to order by Mayor Junker. The Invocation was given by the City Clerk. Present: Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson, Powell Absent: Also Present: Press: Citzens: None Finance Director /Coordinator, Kriesel; City Clerk, Schnell; City Attorney, Magnuson; Director of Public Works, Shelton; Consulting Engineer, Elliott; Planning Commission Chairman, Farrell Stillwater Gazette - Liberty Free Press: Mary Jo Bill Murray, Florian Crever, Brad MacDonald, Mr. & Mrs. Richard Arney, John Caldwell, JoAnn Hynneck Charles Neuenfeldt, William Easton, Jr., Mr. & Mrs. David Schmoeckel INDIVIDUALS AND DELEGATIONS 1. MR. RICHARD VADNESS did not appear in reference to his contractor's license. On motion of Councilman Powell, seconded by Councilman Roger Peterson, the City Attorney was directed to advise Mr. Vadness that his Contractor's License has been revoked based on the recommendation of the Building Inspector. (all in favor) 2. John Caldwell representing Orville Madsen Construction Co., Hudson, Wisconsin appeared betore the Council regarding a Townhouse Project for the Feely property and explained what they are planning to accomplish on this project. He showed the site plans to the Council and explained the location of the buildings - the garages will be tucked into the hill - and the roofs will serve as a screen for eight feet - there will be storage areas in these lofts - one story bildings on the front and two stories on the back - there is a seventy foot turning radius for the cul -de -sac and this would be a break -way barrier for the fire trucks - main traffic can't get into that circle and leave a part of it as a bicycle path - there will be sixty rental units which will be sub- sidized. They are just getting into family housing in free standing communities - if they are well managed and maintained they should be successful. COUNCILMAN ROGER PETERSON asked how it was presently zoned and the response was "Industrial" and they are requesting to have it "down zoned" to residential. He has talked to neighbors about it and they are a little bit unhappy with the initial Industrial Zoning and they felt that this was the lesser of two evils. MR. CALDWELL explained that they will be presenting the full detailed plans to the Joint Powers tomorrow nite - the property to the east has requested Commercial Zoning and has been granted that along Greeley Street and his intent is to use the balance of the property for market rate multi - family - he felt that this makes a very logical transition - Commercial, Multi- Family, Multi- Family Subsidy to the Industrial and because of the heavy steep dopes the Industrial doesn't really bother them as none of the residents can see anything that happens in that direction to the west. COUNCILWOMAN BODLOVICK indicated that the answer that they would like if the City wants to "down zone" - - COUNCILMAN R. PETERSON felt that they did not have enough information and that the representatives on the Joint Powers would bring it back to the Council and explain the entire proposal - he asked what the water situation was out there. MR. ELLIOTT stated that it has all really been planned for - the project that is under construction by Austin Keller will provide the need for drainage and that is the pipe that goes underground and into Lily Lake The pond by the Feely property will receive the water from this area- it will go into the pond and drain out of it and it in a sense slowed down there. He explained the required grades and in the ordinance there is a 6% desirable maximum grade - there are a lot of grades that exceed that in the City - Myrtle Street is about 12 %. a IIN s • • • • ■ • • Decemb er 18, 1979 r a COUNCILMAN ROGER PETERSON asked where the major access would be and Mr. Caldwell stated it would be off Greeley Street by way of 63rd Street by John Ogren's and there was discussion on the accesses to the Industrial Park. MAYOR JUNKER asked if this property was near the Benson property and it was checked out on the City map it is somewhat west of this property. There was discussion about other contemplated rezoning in this area - the back 80 acres is zoned "Industrial" - the Joint Planning has been talking about this transition zoning - and the other request is to the east. It was agreed from a good planning standpoint this would make sense. COUNCILWOMAN BODLOVICK stated that we have this development, the one to the east on 61st Street (Augustine property) - they are presently there and can put in housing -- MAYOR JUNKER felt that it would be a lot nicer if it were more residential next to the Benson property - either single family - or mixed uses of any kind then a big truck terminal or fertilizer plant, etc. which would be next to Lily Lake Park. MR. CALDWELL explained the real estate program that they are under - the buildings are assessed 20% of the market value and the land is assessed at 40% and that this lasts for either ten or fifteen years and this is controlled by the State Legislature. They will be building un 8.3 acres - it is 6,000 square feet per unit - very loose density - COUNCILMAN ROGER PETERSON asked what Stillwater Township thinks of this since they were opposed to the portion that was rezoned Commercial and they were violently opposed to that and they finally relented to that with the under- standing that none of that "Industrial" property would be rezoned. COUNCILWOMAN BODLOVICK stated that they do not want to rezone this either - they did not take a vote on it either - they led them to believe that if Stillwater "down zoned" they said it would be foolish - Carl Dale said that it was a transition type thing to be doing. COUNCILMAN POWELL stated that in that particular area now we have a lumber- yard, a racquetball club and they are essentially in the Industrial Zone and he felt that was the type of industry that we are going to see out there - he felt that we should approach the Joint Powers Commission and see what they think of 'down zoning' and felt that our representatives should get the temperature of the water and then say this is what we would like to do. COUNCILMAN ROGER PETERSON stated that when we told them that we would not rezone from that point - we are talking about the same property - the same situation - he did not feel that it was the same as the Johnson Annexation to the north and the Orderly Annexation Agreement - that was discussed when the property on the front was rezoned 'commercial' and at that time it was more or less agreed that there would not be any change in the zoning in the back. COUNCILWOMAN BODLOVICK stated that if anything is zoned it will strictly be that little small piece of his that will go to multi- family and the question is what should be sone with other requests. COUNCILMAN HARRY PETERSON stated that the Johnson - Linquist property wants rezoning from Industrial to Commercial and the intent was to have Commercial activity along Greeley Street and they wanted to put in six six- plexes to the west and then that would be adjacent to the Madsen proposal and he moved at the last Joint Powers that we rezone the front on Greeley to "Commercial" to permit them to develop that with the idea that they come in with a multi- family plan next to it and that got voted down. MAYOR JUNKER suggested that the representatives at the meeting express the views of the Council - we would be in favor if the neighbors were in favor of multi- family dwellings - the Council would be in favor of that - he felt that it would be nice to have some type of homes next to the Benson property rather than industry. Questions were raised about the need for subsidized housing for the City of Stillwater and Mr. Caldwell stated that the Metro Council came out with their plans and guidelines and they are already planning on these sixty units - they feel it is needed, but that this is enough for awhile for several years. COUNCILMAN HARRY PETERSON felt that he had the tone of the Council. 493 a • • • • ( 494 December 18, 1979 PUBLIC HEARINGS - -- This was the day and time for the public hearing on Case No. 371 for a Special Use Permit for Richard Arney, 406 West Olive Street for two pro- fessional offices and one secretary at his residence. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City, on December 7, 1979 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing MR. RICHARD ARNEY went over the minutes of the Planning Commission - first of all there is in the first paragraph regarding his application that he did apply for an office for his wife's studio and his law office, his wife's studio is a matter of fact is almost a profit making hobby - the room that she uses for key -line and to do creative artwork and layout ads and things of that nature - there is no traffic production with regard to that - he did not want to create the impression that he wanted to do anything wrong as that is where he hoped to live the rest of his life. Regarding parking in the minutes it indicated that there were two parking space and that is incorrect - he distributed to the Council a sketch plan of the location of the property, etc. - there is a three car garage in the back - there would be three cars in the garages and ther . is enough room for three other cars there. He had told the Planning Commission that he would put up a simple sign which would be in good taste and he presentedaisketch of the sign and he would apply for a permit before he put up any sign. He would have no objection to not having a sign, but he would prefer to have one. Mr. Roepke had stated that Sixth Street is one of the worst streets in the winter and the driveway goes in from Sixth Street and there would not be any parking on Sixth Street. The only parking would be in front of the residence on Olive Street. He felt that with a duplex use there would be more cars parked around the residence than there would be with his use and this would be a perfectly legal use in this zone. He indicated on a map the various multi - family and other residences within the area. Mr. Crever was not pleased that this is a residential area and that there would be parking all over the street - this is zoned RCM and under the ordinance in a single family zone, the most restricted use, allows within a main building the office of various professions who resides in such building and employs in said office not more than one non - resident employee or assistant. He is in the third most restrictive zone from the intensification of uses. His normal pattern for clients is one or two in a day, and he does a great deal of business over the telephone. He purchased the house assuming that there should be no problem for this kind of a use. He could not believe that he was turned down at the Planning Commission. He did not feel that there would be a hazard created and it is his intention in the spring to do some landscaping in the rear and expand the part and if necessary not to distrub this and we would get the necessary permits for this work. If there should be any questions whatsoever traffic or parking at the time the questions come up, he would be happy to try and alleviate the problem and certainly this spring if there are parking problems that his business causes, he will create more parking in the back as he does have some access from behind from Holcombe Street. MAYOR JUNKER asked Mr. Arney if he knew that the Council has the right to review this after six months or a year and he was in agreement with that, and also stated that it would be written into the permit. COUNCILMAN HARRY PETERSON asked if the ordinance does provide that a residence of this type could be used for this prupose. MR. MAGNUSON stated that in a one - family district permitted uses on Special Use Permits from the City Council as these customary home occupations and the burden to deny a permit that is a permitted use by a Special Use Permit - the Council would have to have more negative evidence than they would have to which wasn't mentioned and it is the same thing in the multi - family district everything in a multi - family needs a Special Use Permit including multi - family dwellings and in the same apargraph in this ordinance it provides customery home occupants are permitted uses with a Special Use Permit and it is not specificaally defined in the multi- family zone, but in the one family district there are specific regulations - could assume that if the customer home occupations is good for the one - family district, it should be the same definition for the multi - family. WILLIAM MURRAY, 322 West Olive, did not feel that what Mr. Arney is going to do is going to cause that much trouble but you are making two professional offices in that home,and in five to six years the Council will change, the Planning Commission will change - they could put chiropractors, dentists and then you will have parking all over "hell" , and it could go with the sale of the house. i I •i _r • • • • • • 0 M r December 18, 1979 MAYOR JUNKER stated that the Council can hold him to the office that he is requesting now and he could not do any more without another Special Use Permit - come back and obtain more Special Use Permits - he can only have what is given to him, if it is granted tonite. COUNCILMAN R. PETERSON stated that the only reason that these duplexes are zoned that way is that they were "grandfathered in" when the zoning took place in 1963 - he would question now if these in face if this area would be zoned "duplex" and prior to that there was no zoning, and the Mayor disagreed with him on the possibility that they would be zoned that way today. TOM FARRELL stated that there were six neighbors at their meeting - William Murray, Charles Wikelius, William Easton, Clara Lifton, Kathey Oertel and Florian Crever. DONNA SCHMOECKEL, 302 South Sixth Street was opposed to it because of the parking - their driveway faces Mr. Arney's house and the parking is extremely bad - if they are parking on both sides of the street, there is only one lane thru - it is hard for them to get in from Sixth so they usually end up parking on Olive Street. BILL EASTON, JR. stated thst Mr. Arney eluded to the fact that his rights should be recognized by this Council as well as anyone elses' rights and if that is the case, then not only the rights of the people who have spoken here tonite, also those who were at the Planning Commission's meeting and not here this evening with the belief that an unanimous vote contrary to the request would mean that the Council here tonite support that with that mistaken belief - we are also talking about future applications and the demise of the neighbors which is multi- residential and that is what these people are concerned with - they want to see the nature of that neighborhood remain intact in its purpose and use not only now, but in the future. He stated that his father is very concerned about the altering of the spirit of that neighborhood - he knows Mr. Arney and has nothing against him personally and he also had nothing against him personally - he shared the concerns of the other citizens here - if this Special Use Permit is granted that others may be as well and while there might not be a problem at this point and time but one could develop in the future and even though it is a Special Use Permit and therefore, revocable, - the fact is that once one is granted absent a gross violati'n by the permitee, that permit is not going o be revoked. Mr. Arney has also eluded to the fact that if the need arises he will make alterations to the house site and that is a suggestion that if something needs to be done then the step will be taken to do it and in so doing that you would alter - and could more alter the nature of the residential district there - the neighbors do not want to see their neighborhood turned into a particlar business district and he was sure that it was on that basis that the Planning Commission voted unanimously to recommend denial of the Special Use Permit and he felt that it was on that basis, if no other, that this Council should deny this request. MR. ARNEY did not feel that his use will compound the parking problem - his secretary will park off the street and he will do everything to keep the neighborhood a safe neighborhood and he has every intention of making that house as beautiful as any in the City and hopes to live there the rest of his life. He cited that another Permited Use would be a retail grocery store and that would create a much greater traffic hazard, and fel that he would he creating no hazard here and he should not be a burden to this neighborhood. MR. MAGNUSON stated that the Council should be aware of any conflicts - he did practice law with Mr. Arney - he did represent the man who sold him the house - he did not see personally any conflicts, but if the Council feels there is, perhaps they could ask Harold Kimmel to advise them in this matter, and the Council did not feel that was necessary. MR. MAGNUSON stated that before the Council makes its decision they have to look at the ordinances and that is what we are bound by - it provides that "no permit shall be granted unless it is found that the use for which such permit is sought will not be injurious to the neighborhood or otherwise detrimental to the public welfare and will be in harmony with the general purpose of this Ordinances. In making such findings, the Council should consider: (a) The character and use both adjoining and approximate land and buildings (b) The amount of traffic to be generated by the proposed use and the hours during which said traffic will generally be generated. (c) The amount of noise, oder, and /or glare which would emanate from the proposed use. (d) The need for screening of parking loading, storage areas and other outdoor activities of the proposed use. (e) Air pollution Control and solid waste storage and disposal measures (f) Other factors and conditions deemed to be important in the consider- ation of the request for a Special Permit. (continued on page 496) 495 a • • • .496 • December 18, 1979 The Council's decision is largely discretionary - if the Council is of the mind to deny the permit, then it is the burden of the District Court is where the man should go - it would be beyond the Council to show that there is some evidence of these things in the record. The Supreme Court has said in the case of Barton Contracting against the City of Afton that the objections of the neighbors standing alone is not sufficient grounds to deny a permit - in that case it was a Special Use Permit for a gravel pit, which is a noxious use. He told the Council that the neighbors objections alone are not enough with a finding that there are some other factors that he has enumerated here. He stated that it is permitted by a Special Use Permit which to him meant that it is permited by a Special Use Permit it is not so noxious that it would require a variance - if the Council is going to deny something like this they need more evidence of it being noxious unless a request for a variance was granted before it could be denied. MAYOR JUNKER stated that he knows most of the neightbors and he knows Mr. Arney and we are in the season right now when the parking could be the most hazardous from now to May 1st - he asked the people if they would object, if it was the Council's wish a six month permit from now until the first of July and the City would keep a close check on the traffic and if it created such a problem that we should not allow Mr. Arney to have his law practice there, would that be a fair and suitable way to dispose of the whole thing - he felt that it was pretty tough to deny this if he is going to have only one or two clients per day, that this would create a traffic problem - he felt that the neighbors had looked at only side of this - he did not feel that Dick Arney would sell them short - he felt that . - only way to make a determination would be to give him a six month permit and he asked Mr. Magnuson if that was legal and MR. MAGNUSON said "yes ". if he creates a problem between now and July lst, the Council will sit down and discuss it and the Council has the right to take it away from him, and if it is a real problem that Mr. Arney will have to practice law downtown. He felt that he was going out on a limb in doing this, but thought this would be fair and square to everyone. COUNCILMAN HARRY PETERSON did not like the approach of negotiating here and offering a little pinch to one party and a little pinch to the other party - Mr. Arney has come in here with a perfectly legal and legitimate request for a Special Use Permit and although he recognized and have great regard for the members of the Planning Commission whr made a unanimous judgment in the case and for the neighbors who appeared, he felt that the counsel has pointed out that the objections of the neighbors standing alone does not justify turning down or even limiting the time limit for granting this Special Use Permit, if that is what the Council is going to do. Two weeks ago at a Council meeting on a brief report on the status of the Nelson School issue Mr. Magnuson pointed out that the Referee on that matter said that the objections of the neighbors alone could not prevail. He felt that what we have here is a lot of "fighting smoke" because there is a worry about traffic and he would dare say as a multi - family house of some years past there were probably more cars parking on Olive Street and on Sixth Street than there might be if the place is occupied by a single family even if it has the professional business within its confines - going against the recommendation of the Planning Commission and against the neighbors who appeared before the Planning Commission - he moved that the Special Use Permit be granted to Mr. Arney. MAYOR JUNKER stated that the hearing had not been closed and he asked if there were any other persons that would like to be heard at this time. THE MAYOR CLOSED THE HEARING. On motion of Councilman Harry Peterson, seconded by Councilman Powell, the Council granted a Special Use Permit to Mr. Arney in spite of the total opposition of the Planning Commission and the strong opposition of the neighbors. COUNCILMAN HARRY PETERSON felt that it was a reasonable request - he felt that it would be professionally handled and that the inconvenience to the neighbors by a limited and a very well planned parking arrangement and a very persentable sign will not do anything to lose dignity for the neighborhood. COUNCILMAN ROGER PETERSON stated that in spite of what the Supreme Court said and he did not feel using the Nelson School in relation to this request is proper - the Nelson School being publicly owned by the City is in fact property of every resident of the City. He felt that you are talking about a change in the neighborhood - the neighborhood basically has been and still is a residential neighborhood - it is a little different neighborhood and on Fourth and Churchill Street where you do have some "Commercial" within a residential area - it is different than some of the other areas where there are small stores scattered throughout town that have been there for years and there have been no objection to them and that was fine - many of them are still there. There are none in this neighborhood now and he felt that they would be changing the use of the neighborhood to something else and felt that the neighbors do have where the property is privately owned - they live in that neighborhood - none of the Council lives in that neighborhood - they have a concern and he felt it was very sincere and that the Council should listen to them. A W L 0 0 • • • • a 1 1 • • • a a 0 • December 18, 1979 COUNCILMAN POWELL stated that he once bought a four -plex and he did it be- cause he wanted to go into the business of renting an apartment and he could see seven businesses in that area - many of those apartments are now owner occupied. WILLIAM EASTON, JR. attemped to voice his objections to the granting of this permit and left the Council Chambers at this time. COUNCILMAN POWELL felt that if you have an apartment building and you do not live in it, then it is a business and you are renting them to make some money. COUNCILMAN ROGER PETERSON stated what is to prevent anyone from downtown or wherever your Commercial areas are - what is to prevent every professional person, every retailer from saying, "I pay rent - I own a building - I conduct my business downtown, why should I go to that expense - why shouldn't anyone else do that. You have a "commercial area" in which you conduct commercial business and that is what it is zoned for - that is what it is to be used for - why shouldn't everyone who is conducting a business and that the idea of renting an apartment is a different analogy - everyone has to pay rent or buy a building - that is part of the cost of doing business - why shouldn't everyone be allowed to move into their home and conduct it out of their home- you would have small businesses scattered all over - that is the purpose of zoning. COUNCILMAN POWELL stated that he was of the same opinion every time somebody wanted to have a beauty shop - every time somebody wanted to have a tax service, which creates more traffic than you can imagine and we have tax services in that area - we have boutiques in that area, but the thing that we are looking at is that this is a permitted use - a sign shop is not a permitted use in a residential area - and that makes a difference. COUNCILWOMAN BODLOVICK stated that Bud Roepke stated that his first and one objection and strongest was the Olive Street and Sixth in the winter time with the snow and they are impassable. VOTE ON THE MOTION -- AYES -- Councilmen Harry Peterson, Powell NAYS -- Councilwoman Bodlovick, and Councilman R. Peterson Discussion was held on the motion - Mayor Junker asked Councilman H. Peterson to amend the motion to grant it for six months - Councilman Powell stated that he would withdraw his second if Harry Peterson would withdraw his motion and then restate the motion. COUNCILMAN HARRY PETERSON stated that he would withdraw his motion and moved that the matter be tabled until the next regular meeting - he felt that the Council was getting so wrapped up here that they needed some time on it. MAYOR JUNKER felt that the Council should make a decision this evening - if the motion was restated with the amendments he felt that it could be settled this evening. COUNCILWOMAN BODLOVICK seconded the motion to table the decision. There was discussion as to whether not the motion was in order and MR. MAGNUSON stated that this motion takes precedence over any other motion and COUNCILMAN HARRY PETERSON stated that they could vote against tabling and then they would be back where they were. COUNCILMAN R. PETERSON felt that both Mr. Arney and the neighbors deserved an answer and they have had a recommedation from the Planning Commission and the evidence this evening and felt that they could vote on this. COUNCILMAN POWELL felt that it is proper that the Council is protected with a six month guarantee and if Mr. Arney can show that he can operate in such a manner and the neighbors can live with it and felt that starting in the winter time is as good a time as any to start it. COUNCILMAN HARRY PETERSON withdrew his motion to table and the second was also withdrawn. COUNCILMAN POWELL moved that the Special Use Permit be granted to Mr. Richard Arney for a period of six months when it will be reviewed by the Council and anyone who is in the neighborhood who wishes to have any input may do so. COUNCILMAN HARRY PETERSON seconded the motion. VOTE ON THE MOTION -- AYES -- Councilmen Harry Peterson, Powell and Mayor Junker NAYS -- Councilwoman Bodlovick, Councilman R. Peterson (Motion carried) THE MAYOR DECLARED A RECESS FROM 8:45 to 9:00 P. M. 497 '. • • 1 • • --4 1 1 T •' 498 i • PETITIONS None December 18, 1979 UNFINISHED BUSINESS 1. On motion of Councilman Roger Peterson, seconded by Councilman Powell, the Council authorized the Mayor and the Finance Director sign the addendum to the Agreement for the Washington County Historic Courthouse Foundation. (all in favor) 2. Mr. Kriesel informed the Council that there will be a mediation meeting for the Contract for the Friefighters on January 7, 1980 at the Courthouse at 1:30 P. M. This is for the Public Safety Committee or anyone else who wants to attend. This is possibly the last session before Arbitration. 3. No bids were xeceived for the Official Advertising for the City. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council instructed the Finance Director to contact the Gazette so that we can act on it before Thursday. (all in favor) 4. MAYOR JUNKER asked that the various committee appointments be delayed until the next regular meeting. He stated that on the Planning Commission, Tom Farrell and Charles Swanson both have said that they would like to be re- appointed. He stated that some people have resigned and that we have some nominations. David Eckberg has resigned from the Recreation Commission and Dennis Sullivan and Linda Kluy both stated that they would like to remain - Councilman Roger Peterson will continue on the Dutch Elm Commission and on the Library Board, Mrs. Henry Van Meier and Mrs. Donald Granquist have resigned ar.i he has some names for this Board. Mrs. James Dinezeo will continue to sex re on the Library Board. 5. Discussion on the Sewer Service Ordinance MR. KRIESEL explained the old and new charges that would become effective with this ordinance. MAYOR JUNKER felt that we are just about at the top of the board for any sewer rate increase and he felt that for 1980 that the money should be taken out of Revenue Sharing and pick up the additional cost for the sewer rates or the fund that we have now for the $193,000 - we have to do something with that and he felt thrwe could do that and pay the additional sewer costs and possibly in 1981 there will be some changes made in our sewer structure - once the rates are raised again we will never come down. The total average bill will be about $80.00 per year. MR. KRIESEL stated that if the City can get the I/I study done and rehabilitate the sewers and then we could eliminate about one -half of the charges. COUNCILMAN R. PETERSON stated that we are looking at picking up a deficit of about $3,000 or will have at the end of 1980 - have to do something with that as far as eliminating that deficit. He would like to see Duane Elliott run it through his sli &rule - and he would like to contact the people with roof drains that are putting clear water into the sanitary sewer and we are treating that water and if that is the case and if they want to continue to do that he felt that they should pay for it and felt that Duane could very easily run through and tell the Council how much water is going in there and if they do not want to take them off then they should pay for it. MR. MAGNUSON stated that it would be dangerous to put the SAC refund money into this account - he stated that before the Council spends it, they should be legally sure - at lease mininize the risk of finding some other place to pay back the money. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council delayed the second reading of this ordinance until the next regular meeting and instructed the Consulting Engineer to prepare some figures as to inflows to the sanitary sewer from roof drains and whatever sump pumps that are known of. (all in favor) 6. On motion of Councilman R. Peterson, seconded by Councilman Powell, the City Attorney made the first reading by title of an ordinance entitled "AN ORDINANCE PROVIDING FOR THE USE AND DISTRIBUTION OF THE METROPOLITAN SEWER BOARD SAC CHARGE REBATES ". (all in favor) NEW BUSINESS 1. On motion of Councilman Powell, seconded by Councilman H. Peterson, a resolution was introduced "AUTHORIZING THE INSTALLATION OF A STOP SIGN AT THE INTERSECTION OF TOWER DRIVE AND NORTHWESTERN AVENUE" AYES -- Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson, Powell and Mayor Junker NnYS- -None (see resolutions) r INN 0 • • • • • • December 18, 1979 2. On motion of Councilman Powell, seconded by Councilman Roger Peterson, the Council approved the Official Bond in the amount of $10,000 for Dorothy R. Schnell, City Clerk. (all in favor) 3. On motion of Councilman Powell, seconded by Councilman R. Peterson, the Council authorized the installation of two street lights: Intersection of McKusick Road and West Hickory Street Intersection of 60th Street and Greeley Street - west side (all in favor) 4. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council authorized the payment of $150.00 to Mr. Leonard Coler,1313 West Oak Street as recommended by Mr. Shelton and which was refused by the City's insurance carrier. (sewer backup) 5. On motion of Councilwoman Bodlovick, seconded by Councilman Harry Peterson, a resolution was introduc -d "DIRECTING THE PAYMENT OF THE BILLS ". AYES -- Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson, Powell and Mayor Dunker NAYS - -None (see resolutions) 6. On motion of Councilman Powell, seconded by Councilman R. Peterson, a resolution was introduced "APPROVING THE SHADE TREE BUDGET ". AYES -- Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) INDIVIDUALS - DELEGATIONS - continued None at this point in the meeting. APPLICATIONS On motion of Councilman Harry Peterson, seconded by Councilman Roger Peterson, the following Cigarette Licenses were approved: (all in favor) (renewals) Wallace Abrahamson - Stillwater Municipal Building 216 North Fourth Street, Stillwater American Legion Club 103 South Third Street, Stillwater J. Lamont Brine 219 South Main Street, Stillwater Brooks Superette #26 2289 Croixwood Blvd., Stillwater Brooks Superette #29 215 North William Street, Stillwater Cub Food Market 1570 Frontage Road West, Stillwater Eagles Lodge Aerie #94 227 South Main Street, Stillwater Sondra Gozzi - Vittorio's 402 South Main Street, Stillwater Thomas Greeder - Washington County Court Bldg. 14900 - 61st Street North, Stillwater Thomas Greeder - Washington County Office Bldg. 14900 - 61st St. North, Stillwater The Harbor - Gene Schleusner, Clark R. Nyberg & William Curtis 517 North Owens Street, Stillwater Hooleys Downtown Supermarket 405 East Myrtle Street, Stillwater J. L. H., Inc. dba John's Bar 302 South Main Street, Stillwater Robert L. Keene - River Oasis Cafe 806 South Main Street, Stillwater Kinsel Liquor Store Second and Chestnut Streets, Stillwater 499) • • • • • 1 1 q • / 500 Milton Krelitz - Reed Drug Store 201 South Main Street, Stillwater Last Chance Cafe - Clark R.Nyberg & Gene A. Schleusner 304 North Main Street, Stillwater Lowell Inn , Inc. 102 North Second Street, Stillwater Mad Capper Saloon, Inc. 224 South Main Street, Stillwater, Meister's Bar & Grill 901 South Fourth Street, Stillwater Meister Corporation 112 North Main Street, Stillwater Midland Cooperatives, Inc. 501 North Main Street, Stillwater Muller Boat Works, Inc. Box #2, Stillwater Wade Nelson - Brown's Ice Cream Co. 902 West Olive Street, Stillwater St. Croix Boom Co. 317 South Main Street, Stillwater St. Croix Drug Co. 132 S. Main Street, Stillwater Silver Lake Restaurant 241 South Main Street, Stillwater Stillwater Lodge #179, B. P. 0. E. 110 South Main Street, Stillwater Stillwater Standard Station 204 North Main Street, Stillwater Tri -Bane, Inc. - Brick Alley Restaurant 423 South Main Street, Stillwater Ronald Vilmo - Rev., Inc. 231 East Myrtle Street, Stillwater Michael R. Ward - My Brothers Place 124 North Main Street, Stillwater - -- On motion of Councilman Roger Peterson, seconded by Councilman Harry Peterson, the following On Sale Liquor Licenses were approved together with Dram Shop Insurance: (all in favor - renewals) Sondra Gozzi - Vittorio's 402 South Main Street, Stillwater The Harbor, Inc. (Gene Schleusner, Clark R. Nyberg, Wm. A. Curtis) 517 North Owens Street, Stillwater J. J. H., Inc. dba John's Bar. 302 South Main Street, Stillwater Lowell Inn, Inc. 102 North Second Street, Stillwater Meister's Bar & Grill 901 South Fourth Street, Stillwater Meister Corporation 112 North Main Street, Stillwater December 18, 1979 St. Croix Boom Co. 317 South Main Street, Stillwater Tri -Kane, Inc. - Brick Alley Restaurant 423 South Main Street, Stillwater • Ronald Vilmo - Rev., Inc. (Hidden Valley Lounge) 231 East Myrtle Street, Stillwater (continued on next page Page 1) Pi r —J • a • • • • i 1 • 4 r 4 ON SALE LIQUOR LICENSES - continued Mad Capper Saloon, Inc. 224 South Main Street, Stillwater Michael R. Ward - My Brothers Place 124 North Main Street, Stillwater December 18, 1979 - -On motion of Councilman Roger Peterson, seconded by Councilman Harry Peterson, the following Sunday On -Sale Liquor Licenses together with Dram Shop Insurance were approved: (all in favor - renewals) Sondra Gozzi - Vittorio's 402 South Main Street, Stillwater The Harbor, Inc. (Gene Schleusner, Clark R. Nyberg, William A. Curtis) 507 North Owens Street, Stillwater J. L. H., Inc. dba John's Bar 302 South Main Street, Stillwater Lowell Inn, Inc. 102 North Second Street, Stillwater Mad Capper Saloon, Inc. 224 South Main Street, Stillwater St. Croix Boom Co. 317 South Main Street, Stillwater Tri -Kane, Inc. - Brick Alley Restaurant 423 South Main Street, Stillwater Ronald Vilmo - Rev, Inc. (Hidden Valley Lounge) 231 East Myrtle Street, Stillwater Michael R. Ward - My Brothers Place 124 North Main Street, Stillwater - - -On motion of Councilman Roger Peterson, seconded by Councilwoman Bodiovick, the following Contractor's Licenses were approved: (all in favor) Richard Kennel Plastering Co. Plastering, etc. Box 141, Spring Valley Wisconsin 54767 Paul A. LaCosse General 16679 Mississippi St., Lakeland, Mn. 55043 Leo Lengyel - Leo's Excavating Excavator 2275 Neal Avenue Northm Stillwater Miller Excavating - Peter J. Miller Excavator 3636 Stagecoach Tr. N., Stillwater R. W. Moelter dba Moelter Construction, Inc. 2938 Quant Ave. N., Stillwater Excavator Mulcahy Drywall 2576 East Seventh Avenue, Shamrock Construction Co. 5749 Lake Elmo Avenue No. Plastering, etc. North St. Paul 55109 , Inc. General , Mendota Heights, Mn. 55120 Suburban Lighting, Inc. Sign Erection 6067 Lake Elmo Avenue North, Stillwater Swager Bros., Inc. General 5898 Omaha Avenue North, Stillwater Douglas Wahlquist General 1007 North Owens Street, Stillwater Walker Roofing, Inc. Roofing 2008 - 13th Avenue South, Minneapolis 55408 Winchester Lumber, Inc. General Route #3, New Richmond, Wisconsin 54017 Renewal New Renewal Renewal Renewal Renewal New Renewal Renewal New New • • • • • 1 • December 18, 1979 - - -On motion of Councilman Powell, seconded by Councilman Roger Peterson, the following 3.2 Off Sale Beer Licenses were approved: (all in favor) Cub Food Market 1570 Frontage Road West, Stillwater Hooleys Super Market, Inc. 405 East Myrtle Street, Stillwater Last Chance Cafe - Clark Nyber & Gene A Schleusner 304 North Main Street, Stillwater Meisters Bar & Grill 901 South Fourth Street, Stillwater Renewal Renewal Renewal Renewal - - -On motion of Councilman Powell, seconded by Councilman Roger Peterson, the following 3.2 Off Sale Beer Licenses were approved: (all in favor) Last Chance Cafe (Clark R. Nyberg & Gene A. Schleusner) 304 North Main Street, Stillwater Renewal Silver Lake Restaurant 241 South Main Street, Stillwater Renewal - - -On motion of Councilman Roger Peterson, seconded by Councilman Harry Peterson, the following One Day - On Sale Liquor License was approved: (all in favor) American Legion Club 101 South Third Street, Stillwater (December 9, 1979) - - -On motion of Councilman Roger Peterson, seconded by Councilman Powell, the following Taxi -Cab Licenses were approved for 1980: St. Croix Cab, Inc. St. Croix Mall, Stillwater 55082 Valley Taxi, Inc. P. 0. Box 192, Stillwater AYES -- Councilmen R. Peterson, NAYS -- Councilwoman Bodlovick, 2 cabs New 5 Cabs Transfer & New Powell and Mayor Junker Councilman H. Peterson (motion carried) - - -On motion of Councilman Roger Peterson, seconded by Councilman Powell, the St. Croix Cab, Inc., St. Croix Mall, Stillwater was granted a taxi -cab license for the balance of 1979 upon payment of $2.50 and their signed application. . AYES -- Councilmen R. Peterson, Powell and Mayor Junker NAYS -- Councilwoman Bodlovick, Councilman H. Peterson (motion carried) MR. CROPP stated that he has some concerns under the ordinance and they have not had an opportunity to seek legal counsel and do not have a response to the St. Croix Cab application for licenses - concerned about the exclusive parking rights and shall not do business on the streets which they feel have been violated - asked for the postponement of the new applicant until they can investigate this matter further. MR. MAGNUSON reported that he had talked to Mr. Abrahamson and he has already looked into the allegations that Ritzer had been operating and he was satisfied that he had not been operating, and the Council would be within their rights to grant the licenses. MR. FRANK KERKHOVE, president of St. Croix Cab, Inc., stated that to his know- ledge none of those taxi -cabs have been used for business purposes and making charges for same. They will come back at a later time for the parking rights in the downtown area. MR. CROPP stated that there are some additional considerations here in the purchase by Valley Taxi, Inc. of Stillwater Taxi from its owner - one of the covenants in the agreement is a non - competitive clause by the members of the family, etc. that is still under judicial proceedings that should bp decided in the very near future - Mr. Ritzer is a party in that agreement - Mr. Ritzer is a party to the new cab company and they need to pursue a legal course in order to answer all of the questions - and the Council felt that this was a civil matter between the two parties and has no bearing on the licensing procedure according to the ordinance - licenses are available and the applications are in order. • 1W R1 • • • • 0 December 18, 1979 COMMUNICATIONS -- -From Gerri Granquist submitting her resignation from the Library Board On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, a resolution was introduced "COMMENDING DAVID ECKBERG, GERRI GRANQUIST AND MRS. HENRY VAN MEIER FOR THEIR LONG AND DILIGENT SERVICE ON THE VARIOUS COMMISSIONS AND REQUEST THAT THE MAYOR PRESENT A COPY OF SAID RESOLUTION TO EACH OF THESE INDIVIDUALS ". (without being published) AYES -- Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) David Eckberg - Recreation Commission Gerri Granquist and Mrs. Henry Van Meier - Library Board - - -From the City of Oak Park Heights rega ^ding the sewer cleaning project with enclosed check. - - -From Swager Bros., Inc. regarding an easement request by the City over and upon property located at the NW% of SW% of Section 33, Township 30 North, Range 20 West, Stillwater and requesting that the storm sewer be extended to the Brick Pond. On motion of Councilman R. Peterson, seconded by Councilwoman Bodlovick, Mr. Elliott was directed to prepare an Add - Alternate for the storm sewer by Somerset Systems pursuant to the letter received from Swager Bros. (all in favor) STAFF REPORTS - continuee 1. On motion of Councilman R. Peterson, seconded by Councilman Powell, Mr. Elliott was authorized to advertise for bids for Local Improvement No. 177 Burlington Northern Tunnel Cleanout said bids to be returnable January 17, 1980 at 3:00 P. M. (all in favor) 2. Mr. Kriesel questioned the Council about several items on the response letter from the Volunteer Firemen - (1) they are to be paid $5.00 per night for a sleeper and .f there is a fire run, the sleeper shall be paid whatever hourly rate he normally would receive on a fire run in addition to the $5.00 sleeper rate; (2) each man shall receive a $25.00 per year clothing allowance after the first Council meeting in January of each year; (3) the hourly rate for filling shifts would be $5.00 per hour or $120 per shift regardless of classification. COUNCIL REQUEST ITEMS 1. On motion of Councilman Roger Peterson, seconded by Councilman Powell, the claim for Adeline M. Erickson, 921 North Fourth Street, Stillwater for damage for her vehicle when she backed out of a driveway on Myrtle Street and struck a City sign post, was directed to be sent to the McGarry - Kearney Insurance Agency. (all in favor) QUESTIONS FROM PRESS REPRESENTATIVES None APPROVAL OF MINUTES On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, minutes of the following meetings were approved: (all in favor) November 20, 1979 November 26, 1979 November 30, 1979 December 4, 1979 Regular Meeting Special Meeting Special Meeting Regular Meeting 4:00 P. M. 4:30 P. M. 4:30 P. M. 7:30 P. M. ORDINANCES - First Reading - Providing for the Use and Distribution of Metropolitan Sewer Board SAC Charge Rebates J a • • • • RESOLUTIONS The Following resoluitions were read and on roll call were unanimously Y I adopted: 1. Directing the Payment of the Bills 2. Direfighter's Schedule 3. Warming House Attendants for Skating Rinks - Tim Sherin and Scott Shely, Mark Cramenz and Neil Rindschy 4. Final Estate for Johnson Bros., Local Improvement No. 157 -1 5. Commending Dave Eckberg, Mrs. Henry Van Meier and Gerri Granquist 6. Stop Sign - Tower Drive and Northwestern Avenue 7. Adopting the Shade Tree Program Budget Adiournment On motion of Councilman R. Peterson, seconded by Councilwoman Bodlovick, the meeting adjourned at 9:45 P. M. Attest: a!1L,.,e /d . Cit Clerk December 18, 1979 / Mayor • • • •