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HomeMy WebLinkAbout1980-05-06 CC MINr • • 0 It <M! COUNCIL CHAMBER Stillwater, Minnesota May 6, 1980 7:30 P. M. 4 REGULAR MEETING The meeting was called to order by President Junker. The Invocation was given by the City Clerk. Present: Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson, Powell and Mayor Junker Absent: None Also Present: Finance Director /Coordinator, Kriesel; City Clerk, Schnell; City Attorney, Magnuson; Superintendent of Public Works, Shelton; Public Safety Dire ^tor, Abrahamson; Director of Parks & Recreation, Blekum; Consulting Engineers, Elliott and Moore; Press: Stillwater Evening Gazette, Liberty Free Press Substitute Representative Citizens: Jim Torseth, Mr. & Mrs. Bud Kern, Bill Pauley, Neal Skinner, Jerry Mahoney, Gary Kent, Jeff Anderson, Keith Carlson, Rudolph Lauermann, Jack Welch, John Ogren, Tim Trooien, Mr. & Mrs. Tom Schwintek, Tom Anderson, Brian Davis, John Rheinberg, George Wohlers, Dick Colemier, Jim Stevensen, Russell Weitz, Mary Anderson, Dean Marlette, INDIVIDUALS & DELEGATIONS 1. GARY KENT appeared before the Council regarding the Farmers Market to be held from July 6 through September of 1980 in the Washington Federal Parking Lot every Saturday from 9:00 A. M. to 12:00 Noon and it is sponsored by the Master Gardening Program of Washington County. On motion of Councilman Roger Peterson, seconded by Councilman Powell, the Council authorized the location of a Gardener's Market is the Washington Federal Parking Lot on Saturdays from Nine to Noon. (all in favor) 2. MR. KENT also presented a proposal for the maintenance for Lowell Park which he read at this time and the cost of these services would not exceed $4 640 00 On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, this propsal for the maintenance of Lowell Park was referred to the Recreation Commission as well as the Director of Parks and Recreation. (all in favor) 3. MR. JIM TORSETH, representing the Stillwater Industrial Park, stated that they appeared this morning before the Washington County Board members to express their concerns over the procedures that one has to go through in the area of the Industrial Commercial area that is under the Joint Powers - they express concerns on the process and the delays in the process that they have gone through in that area. He stated that the County Board members concurred with some of the arguments that they have heard from others - they expressed concerns about it - several of them asked the County Attorney if there was some way that the County could get out of the Joint Powers and the County Attorney said he felt there could be a way - several of the County Board members seemed to express an interest in doing such a thing - they gave the County Board a specific request that they would like them to do that - that they were unwilling to pursue further development in that area unless that was done and he was here this evening to ask the Council to consider their request for the same thing of the City of Stillwater to attempt to pull out of the Joint Powers Agreement - they as the Stillwater Industrial Park owners would like to deal with one governmental unit in further development and that they would like that govern- mental unit to be the City of Suliwater. COUNCILMAN POWELL asked him if he knew that about a month ago the Council passed a motion instructing the Attorney to proceed along those lines to see if it could be done and MR. TORSETH indicated that he was not aware of that and he was happy to hear that. MR. MAGNUSON stated that he has not found a way and he was interested in Mr Kelly's comment and he has not had a chance to talk to him about it, but he would be more than happy to do that before the next Council meeting. PETITIONS From Lux Homes, Inc. to vacate the utility easements in Block 2 and 3 of the Lux's Meadowview Addition. 11 • a • • ( 1 • f • • ±i May 6, 1980 On motion of Councilman Harry Peterson, seconded by Councilman Roger Peterson, a resolution was introduced "VACATING EASEMENTS IN BLOCK 2 AND 3 OF THE LUX'S MEADOWVIEW ADDITION ". AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson Powell and Mayor Junker NAYS- -None (see resolutions) From Leonard and Elizabeth Feely to vacate all of the streets within their plat. On motion of Councilman Powell, seconded by Councilman Roger Peterson, a resolution was introduced "VACATING ALL OF THE STREETS WITHIN THE FEELY PLAT ". AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson, Powell and Mayor Junker NAYS- -None (see resolutions) PUBLIC HEARINGS 1. This was the day and time for the public hearing on Case No. 379 for a sideyard variance for a garage for Jeff Anderson, 1004 Fifth Avenue South Notice of the hearing was published in the Stilwaer Evening Gazette, the official newspaper of the City on April 24, 1980 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. No one appeared in favor or opposed to this request - Mr. Anderson was in attendance. the Planning Commission granted the variance with the understanding that the old garage be removed before the new one is constructed and this was accomplished today according to Mr. Anderson. The Mayor closed the hearing On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council granted the variance with the recommendation of the Planning Commission. (all in favor) 2. This was the day and time for the public hearing on Case No. 377 for a Special Use Permit for a petroleum facility at Croixwood Blvd. and County Road No. 5. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on April 24, 1980 and copies were smiled to all property owners within 300 feet. The Mayor opened the hearing RUSS WEITZ, Acting Chairman of the Planning Commission, reported that one of the things that was brought up was the concern that the Council had in prior commit- ments to this piece of property - they understood that there is an ordinance that specifies that the property is rated commercial" and that there be a stipulation that there be a neighborhood store there and they discussed the questions as to what compromises a neighborhood store and on prior requests a filling station was denied. The Planning Commission had a 3 to 3 vote and they left it up to the Council to make the decision. They felt that there is a need for the clarification of the ordinance. JACK WELCH, the applicant, explained the plans for the proposed self- service petroleum service, which will be located on Croixwood Blvd. and County Road No. 5. The intention of the owner is to come back and widen the drive, extend the parking area toward County Road No. 5 and that the amount of parking would not be restricted and install a pump island with a canopy for petroleum services for the neighborhood; then con- tinue with a new service road out onto to County Road No. 5 for a second means of egress. (Continued on page 117) INDIVIDUALS & DELEGATIONS - continued 4. JOHN RHEINBERGER, representing Art Palmer of the Lowell Inn appeared before the Council in connection with the Lowell Inn's letter of May 1st - he is still interested in the property lying between the Lowell Inn and the Hi -Rise - he would like to acquire that property either by purchase or exchange to use that area for parking. MAYOR JUNKER indicated that the City owes Bliss Plumbing six parking spaces there and it would take several months to work this out. COUNCILMAN POWELL stated that the City would like to swap property rather 3I than just to lease it since the City does need parking in that area - if the City could get property, he would be well advised to try to negotiate something in order to swap property. MAYOR JUNKER stated that Mr. Rriesel would be in touch with them and it will be discussed. • • • • • 1 • s IPA Ire w or May 6, 1980 They fully understand that this property has been zoned for a "neighborhood business "as a convenience. It is their feeling becaus e of change in attitudes of businesses, the types of service stations that are now at present in the whole United States that more than 857, of the convenience stores being built right now have sa a service petroleum as well - they are going hand -in -hand - everyone seems to be getting away more from the gasoline service area - going to convenience store with gasoline and when you need car repairs and things of that nature that is set aside for a service station within itself and does just the automotive work there. This would not be an area that would be cluttered up and it would not be an area where there would be tires or repairs or anything that would discolor the neighborhood. There is a total service for the area and this is somewhat of an isolated area - the distance to downtown or to businesses on Highway 36 is considerable. COUNCILMAN ROGER PETERSON asked how many pumps that they propose for this site and MR. WELCH stated that there would be two pumps with four hoses. COUNCILMAN ROGER PETERSON asked the area that they show as a new pump area, is that a building or is that a canopy and MR. WELCH responded that it is a concrete island slab with a mnopy over it, and there will be no changes in the exisiting building at all. COUNCILMAN POWELL stated that at one time it was discussed to have four or five small businesses there and it seems to him that the developer wanted to have an egress or exit on County Road No. 5 south of Croixwood and the County Engineer at that time stated that it would not be permitted and asked if that had changed. MR. WELCH stated that he had talked to the County Engineer and he would allow them to have an egress onto the highway here as long as they held it down as far as a part of the property line which they intend to do and they would allow the frontage road to be within five feet of Lae property line. COUNCILWOMAN BODLOVICK stated that the County Engineer had stated that as long as the road was kept with part of it on County 5 it would service this piece of property just to the south of it and felt that would be acceptable because this piece of property will have to be serted at sone point and time COUNCILMAN ROGER PETERSON asked about the petroleum tanks to the east of the property and asked if they were underground storage tanks and this was confirmed by Mr. Welch. COUNCILMAN HARRY PETERSON asked if all of this area was zoned "commercial" and it was pointed out on the map to him the boundaries of the commercial area. RUDOLPH LAUERMANN, 650 Nightingale Blvd., stated that he was very concerned for a number of reasons - one, what kind of development takes place out there - a lot of their children patronize the Books Store far beyond what they would like them to and there is a lot of activity around that store with bicycles and children buying candy, etc. He did not think that a gasoline island is going to contribute to that area - the people he had talked to did not see any problem of driving to somehwere else to get their gas - they are concerned about a gasoline island now- what is the next step - he has not seen anything that would tell him what it would look like, but he has been other facilities like this and he was not impressed. They are also concerned about what amount of actual traffic activity would be attracted to that island and how that would translate into the number of vehicles that would be going in and out of there - there is a lot of traffic there now with just the little grocery store. They are not interested in having their children go to the store with a lot of additional automobiles going into there because of the gasoline station. They are aware that it is zoned "commercial" and that some of them thought there was a restriction that no gasoline facility could be placed in there when the original zoning and if that was done it was done for a reasons and they feel that reason is still valid. As they look at the development of that property they would like to have a little more neighborhood input into it. He did not feel that gasoline islands are a part of the development that they want in their neighborhood and that there are problems there now in getting in and out of the grocery store. The people he has talked to do not want this facility there. MR. WELCH stated that this is a neighborhood service and they do not feel that it will increase that much traffic that will be coming in here - there will be a percentage possibly 15% and the people that use County Road 5 and Croixwood Blvd. are within the area. They have tried to help the traffic problems here by con- tinuing on with the frontage road, so that traffic would not be forced out back onto County 5 by using Croixwood Blvd. and the traffic going to the south can go out the frontage road. MR. LAUERMAN stated that Mr. Welch had stated that this was a neighborhood service and now he was stating that 50% of the traffic would go out on County Road 5 and going to the south and MR. WELCH explained the traffic flow from these facilities in that any traffic going to the south would exit on the frontage road and it would (continued on page 118) • • M • • _18 May 6, 1980 reduce the amount of traffic flow on Croixwood Blvd. Thi' not a playground and is a place of business and if there is a fear that the chldren are going to be hurt at a place of business it should be up to the people to do some policing there. If the people feel there is a safety problem, he did not feel that problem can be directly pointed to the owners of the business at all. MR. LAUERMAN did not want to imply that but he would say that if you notice where the front entrance of the store is - notice where the island is, almost by definition it routes the traffic right across the front of the store and he felt that was a problem - there is just a small sidewalk and the location of the pumps would run the cars literally in front of the store. KEITH CARLSON OF HtOOKS SUPERETTE stated that one misconception is that this is not geared to be a Super - America type installation - this thing is geared to do 30,000 or 50,000 gallons per month or probably 10,000 per week and this would be somewhere about 100 cars per day over a 16 hour period of time. They do have peak times - early morning - late nite - but they are not tdking about traffic coming and going - there are always safety problems no matter what is put in - the parking stalls in the front of the store are no more or less safe than the gasoline island - the canopy would be built out of the same material as the building. MAYOR JUNKER asked why they could not move the station to the south about 50 or 100 feet for the safety in front of the store and MR. CARLSON stated that the cars could leave without paying for the gas as they will be run out of the store. MAYOR JUNKER felt that it would be a hazard to have the pumps so close to the store and MR. OGREN replied that cars pulling in and out of the stations are not going at 30 or 40 miles per hour - they come in and exit at a very cautious speed and people are very alert more so than when they pull out of a parking lot. They could probably put a small fence up on the side to alleviate the problem MAYOR JUNKER stated that by the time that the car leaves the canopy and heads north it is sitting right in front of the entrance of that store and somebody walking up to the store that guy is going to have to stop to let him thru or the guy is going to have to back off and let the car go thru. MR. WELCH explained the flow of traffic to the pumps and there would still be approximately five to six feet to the center line of the doors. TOM ANDERSON, 2377 Hidden Valley Lane, stated that in the past it was mentioned that they were building a "Nelson Drive -In" type of store and he would agree that is what they have there now and this would be mixing two different types of clients and did not feel that the mix is really good. From what he has seen that they get a majority of children into the store - they possibly don't constitute that much money, but the number of people is the largest percentage are children. TOM SCHWINTEK, 2327 Hidden Valley Lane, - his most pertinent complaint was that 85% of the stores of this nature have gas and this is a new trend in that type of business and it is a "fad" and how long is it going to last. The situation with gas today how long is this new trend or fad going to last ac.o if this is allowed to go in (which he does not want at all), what is going to happen to those tanks that are sitting underneath the ground - they say they are unexplodable, but ten or fifteen years from now, when this trend and fad is all gone by the wayside and the facility is sitting there what will be done with it. COUNCILMAN ROGER PETERSON replied that there was a station two blocks from his home which was not a new station, but it was a similar type small store and gas station and he would not say that was a new trend as that station had been there from day one - there was also another one down four blocks on the other side and the people in the neighborhood accepted these stations or stores and they were sorry to see them close - they were convenience stores and one was on Owen Street where there is heavy traffic (not as heavy as County Road No. 5), there are many kids up there and to his knowledge there was never an accident. JOHN OGREN stated that this is not a fad- there is not a major oil company to his knowledge in the Twin City market that has built or converted from a convenience store back to an ordinary service station - quite the contrary some of the companies have gone completely out of the service and completely into this - there has not been one service station other than this type built in Minneapolis for several years and it is a trend all over the country - it is not a slow trend - it is a major trend due to the living habits of the country. If they ever do vacate that and it some day could be, he stated that the Fire Codes today require that either the tanks are taken out or they are filled with sand. BRIAN DAVIS, 2367 Hideen Valley Lane, stated his opposition to the proposal for many reasons, one of them being that there is a development planned across County Road 5 which he understands is intended to be quite extensive and would invluce this type of facility. Also he felt that being partially adjacent to this property it would reduce the value of his prlperty to see something like this go in and would be very inconsistent with the character of the properties out there - it is a residential area with some five to six hundred homes - there are no other businesses in that (continued on page 119) a s • • • • a • • area and he felt that this is very poor Municipal planning that a business was allowed on that side of the street very near and adjacent to all of the residences there. The intent was that it be restricted to a "neighborhood" store and a "Nelson Type" store and there was no anticipation of any gas pumps or any other type of extensive business - it is very important, in fact if there was an exception made, and he would not have supported it had he been living there at the time and did not feel that the type of exception that was granted for some reason should be extended until the entire parcel is developed commercially and very consistent with that particular neighborhood. Across the street can be a differ- ent matter, but on that side of County 5 it would be very poor planning to allow that entire parcel to go very much commercial and he personally felt that to allow this kind of thing to happen would be encouraging someone's poor investment - that land had been zoned prior to the purchase by the gentlemen who are proposing this action here. They had full knowledge of the zoning and sent ahead and bought the land hoping to convince the City Council at some time in the future that for some unknown reason they should be able to change everyone's ideas about this land and eventually convince all of the residents that it was okay to build who knows what over there and to allow people like that to wade out the neighborhood to try to wear the neighbors down to be just enough of a nuisance to come back every six months with another proposal - different ones or even the same one and eventually to make them quit fighting is not the type of people that they want in their neighborhood. They feel that there was a zoning ordinance that was passed in good faith and something that everyone should abide by - there is nothing in that neighborhood that has changed since then and whether is a trend for gas stations and convenience stores or not, they do not want a gas station there R DEAN MARLETTE, 2317 Hidden Valley Lane, stated that when Mr. Carlson was fighting for his little neighborhood store and he sat right here in this Council Chamber and said there would not be gas pumps on that corner. MR. CARLSON stated that is not the case - had they been able to build a strip island the berm hill and the completed project they said they would never have to come back to the Council for another request and they are willing to put that in writing. MARY ANDERSON, 2377 Hidden Valley Lane, felt that there is not a need for a filling station - if you look around Stillwater you see all these closed stations and they look pretty bad and she had counted eleven of them - there can't be that much of a need if they are closed. SACK WELCH responded to a statement that this was poor planning on the part of the City for the Administrative Staff to allow commercial to go in along a County Road - good planning states that you do not put in residential along a County Road. If you were to put residential up against County Road No. 5, you would not be able to get a GI mortgage or a FHA mortgage or any type of govern- mental mortgage for the simple fact that the noise levels are too high, the sound levels are too high - you would, therefore, not qualify for any government mortgage. It is the general consensus that you locate businesses along high noise levels - the high traffic level areas using that as a buffer and graduate your requirements of living styles and qualities into the more quieter areas which are your single family areas. BRIAN DAVIS stated there is a residential neighborhood and it is not far from >a hat highway - it is not a matter of ten miles or one mile or half of a mile from those homes. They are very close to the highway and talking about screening oetween the Lighway and the business and it is 300 feet or more. COUNCILMAN RARRY PETERSON asked the petitioner if they were going into the gas business primarily as a service to the Croixwood area people - did he feel that this is mainly a neighborhood matter such as the store. ++� MR. WELCH stated that it is a neighborhood matter, but at the same time to be competitive with other businesses that are going in the immediate area it is necessary for this business to be a thriving business to have that service so that they can be competitive with other facilities that are going in a very near distant area. COUNCILMAN HARRY PETERSON was concerned as to whether we were talking about a service to mainly the Croixwood population which is something like 700 homes out there, one would think that a service station or a gasoline station could almost survive on the business from 700 homes. He asked Mr. Welch if he had surveyed the Croixwood area as a whole or a sport survey to find out if people are encouraging them to build this station for them. MR. WELCH stated "service station" per se, he could not say - he did know that when they were the general contractors on the Superette, they had several occasions when they were inspecting the construction they had people from the neighborhoods in behind there stopping and asking them what they were building and why not increase the size of the buildings. He stated that this evening there are only 10 or 12 families here from the total 750 that live in that area. s kr May 6, 1980 I 1 • a s • • P5 • • ,120 . \ May 6, 1980 BETH SCHWINTEK, 2327 Hidden Valley Lane, stated that they had had a lot of meetings with Mr. Carlson and Mr. Eastlund for the small store and they felt it would be more agreeable for them - there was to be no dry cleaning, no fast food, no gas and they could not get the financing for this because of the restrictions - they felt that they treated them fairly and it all fell through. MR. CARLSON stated that they were fully prepared to sign all of thelrthings - and they had a full agreement and again he did not like being called a liar. TIM TROOIEN, 2347 HIDDEN VALLEY LANE, had concerns about the frontage road that is proposed and the safety of that road, and at this time there is a verbal agreement and he wanted more assurance that this service road would be approved by the County Engineer. Questions were asked about the zoning for this area and MR. MAGNUSON read that section of the Ordinance and he stated that it is a matter of a definition or what constitutes "the daily needs of the residents ". BRIAN DAVIS asked that serious consideration be given to the type of screening, trees, and this type of thing if this proposal is accepted, which he was not in favor of. COUNCILMAN POWELL indicated that he was opposed to this proposal and as he remembered the previous hearings there were to be no dry cleaning, no filling stations and felt that this would not just service the immediate area. COUNCILMAN ROGER PETERSON stated that there was a proposal made at that time which was approved for the Tom Thumb Store and he did not agree that this will draw from other areas even at 100 cars per day - there are 8,000 to 10,000 cars per day that use that street and these streets are built to handle that kind of traffic. He has no idea what is happening with the Tom Thumb request of two years ago and he did not feel that this station would in any way detract from the property values of the properties in the Croixwood area. COUNCILMAN POWELL stated that he drives Croixwood Boulevard four times a day and and he sees the cars turning the corner coming north on County Road 5 and they do turn into the Brooks Superette. He could see more of that happening if there is a filling station there - people going to work on County Road 5 will turn in to fill up with gas and continue on and that makes a lot of congestion because they do have, to his way of thinking, enough congestion there now. COUNCILMAN ROGER PETERSON asled if he did not feel that the addition of one more exit would help relieve that congestion - right now there is only one entrance and one exit. COUNCILMAN POWELL stated that they have to come in and they have to go out, but where the problem is when they turn off County Road No. 5 and then have to turn in to the station. TOM SCHWINTEK stated his home which is right behind the Brooks Superette and he did not know how many more there are in Croixwood that are like it and there are quite a few homes for sale in Croixwood - he asked the question if they would rather have his location which has a gas station and grocery store in the back yard or would they rather have one that id down the road a little ways that has a nice park in the back. COUNCILMAN ROGER PETERSON stated that it would eepend upon his needs, but he did not feel that Mr. Schwintek's would be of any less value and it would depend upon the situation and he is not a real estate agent and he did not feel that either one of them could answer that question and common sense tells him that the fact that there is a station there that would detract from the value - in his neighbor- hood there was one where houses were bought ten years ago with that station in operation - five years later with the same station in operation were told for many times more than what they paid for them. BRIAN DAVIS stated that it is the neighbors that live out there that have to live with what goes in there and the people who are in that neighborhood and he felt that their opinions are revelant and the opinions as to what it might do to the value of their homes are non - frivilious and are very revelant to the situation. JOHN OGREN stated that this is a commercial area and when these homes were built this was a commercial area - when you buy a house at the end of a runway and after it is built and you talk about the airplane noise - it was there - it is a thing they knew about when they came in and to the very best of his knowledge they will do as good a job and as nice a job without making it junky - untolerable - to the best of his ability they will build as nice a location as they can. eit • • a • 0 sra 4H IRO 14 0 THE MAYOR CLOSED THE HEARING. May 6, 1980 COUNCILMAN POWELL stated the last time around when the Brooks Store was passed and permission to be built, they wanted a lot more - the Council argued and they disagreed and agreed and they came down to what they have now - that was the most that the Council would allow and that was sold to the people and the people accepted that - the Council accepted it and he frankly could not see that it should be changed, because when they talked to Orrin Thompson they said they would have one family type store or neighbor- hood store and when Mr. Carlson came in - they wanted more - the Council worked at it until they found something that he could live with and that the City would live with and the residents could live with and we have that now and it seems to him that this is what we ought to live with. A RESIDENT stated that he has seen cars pull into the Brooks Superette and back out into the traffic because the delivery truck is sitting there and did not call that safe. He asked if the Police had done accident reports on that inter- section and the response was that this would have to be checked with the Police Department. A RESIDENT stated that before he bought his home, he called the City Hall and asked what could be built behind that property and he was told that it was zoned commercial, but that only a small portion of it could be built on and this store is the one that all the discussion has been about - a "Nelson Type" store and it seems now there is a question as to what is a small store. He felt that when the Council adopted that ordinance they in good faith were trying to protect the neighborhood - were trying to blend a small amount of commercial with the residential neighborhood - something that would not detract but that it would be something that would be used by the people there. He did not feel that they wanted a high volume gas station store combination with several cars driving through there and that the ordinance should be looked at in the same way today. MR. CALRSON stated that what they are asking for is a permit to expand the store - they are not asking for a separate building - not asking for a separate business and he understands from the City Attorney that it does fall within the guidelines of the ordinance - neighborhood requirements - on that basis they are asking for a self - service gas station. On motion of Councilman Harry Peterson, seconded by Councilman Powell, this matter was laid over for thirty days. COUNCILMAN HARRY PETERSON stated that this is the first time that he had heard this discussed in the Council Chambers and he was concerned with the fact that people who support this other than the proponets have not come forth and he felt that there are people in Croixwood that he would like to talk to to find out if they are interested in having it for their convenience - we are only attracting the traffic on County Road 5 to the gas station that he will be strongly opposed to when they get to that motion. COUNCILMAN ROGER PETERSON understood Hary's wanting to table it - his only con- cern is that he felt that according to the City Attorney's definition of what is in the ordinance - as he recalled the discussion that went on in 1970 there was never a mention made of gasoline - the only mention was a neighborhood con- venience type store. He felt that a convenience type store includes things such as the City Attorney said - things that are necessary for the day -to -day existence of the family and felt this was a part of it. The building is not being expanded - the area is not being expanded other than for the curb and parking - they are putting up a canopy and four pumps and increasing the exits by one over what they have now - he felt this has to be an improvement. COUNCILWOMAN BODLOVICK stated that she could understand the definition and she concurred with that - also she has to sympathize and she has always supported what originally was meant to go there which is the one variety store - what bothers her and her biggest concern is - what will we do with the rest - she was sure the the people are also concerned and it is not up to the Council to rezone it or down -zone it - that is the problem with what is left and it will continuously be front of the Council. COUNCILMAN ROGER PETERSON felt that what has to be done is to t-ke each request as it comes - there is a request before the Council now and they have to act. MAYOR JONKER asked Mr. Carlson if he owned all of this property and replied that he just leases his portion. VOTE ON THE MOTION - AYES-- Councilwoamn Bodlovick, Councilmen Harry Peterson and Powell NAYS -- Councilman Roger Peterson (motion carried) THE MAYOR DECLARED A RECESS FROM 8:40 TO 8:50 P. M. 121 • • • t AN 1 e 122 May 6, 1980 INDIVIDUALS & DELEGATIONS ( continued GEORGE WOHLERS, CIVIL DEFENSE DIRECTOR, appeared before the City Council with three quotations for the emergency siren for the Croixwood area. This siren will be located by t' Lily Lake water tank on West Street and West Willard Street. The Public Works Committee recommended the siren from Sentry Siren, Inc. - quoted price of $4,707.00 plus an installation cost of about $700, and a $100 per year charge to the telephone company. It can be in operation within one month. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the Council authorized the purchase of the Sentry Siren at a price of $4,707.00 plus the installation costs of about $700. (all in favor) COUNCIL REQUEST ITEMS On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the City Attorney and the Finance Director were instructed to meet with the Planner to determine the best use of the land in question tonite on County Road No. 5 and also include the owner of the property so that something can be done so that he can avail himself of some use of the property. (all in favor) INDIVIDUALS & DELEGATIONS (continued) MARY GRACE FLANNERY, of the Metro Council HRA, appeared before the Council to explain the Section Eight Moderate Rehabilitation Program which is available to the City of Stillwater. This program is a combination of the existing rental program and the new HUD construction program. The units that they will be assisting will be existing units - they would select buildings and see if they would be eligible financing and the tenants to be eligible or be made available for rental assist- ance and the units must be available for low or moderate income families. These will be interest loans at 9% to the landlords and they will advertise on Sunday - she felt that the City of Stillwater could have a fair number of duplex type of buildings that might be usable for families and may be in need of some type of renovation. A question was raised as to whether or not there was a program that was not tied in with the rental subsidy program and at this time there is not, but there could be at some point and tine in the future. The entire responsibility lies with HRA and the communities who have already agreed to participate are helping them to set up new program arrangements with their inspectors and they will identify the codes and when completed items are inspected by the local inspectors. On motion of Councilman Harry Peterson, seconded by Councilman Roger Peterson, a resolution was introduced AUTHORIZING THE METROPOLITAN COUNCIL TO APPLY FOR SECTION 8 MODERATE REHABILITATION FUNDS FOR IMPLEMENTATION WITHIN THE CITY OF STILLWATER ". AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) UNFINISHED BUSINESS 1. Mr. Gould was not ready with his plat for final approval and this matter will be considered at a future meeting. 2. On motion of Councilman Roger Peterson, seconded by Councilman Powell, a resolution was introduced "AUTHORIZING THE SALE OF IMPROVEMENT BONDS IN THE AMOUNT OF $425.000 FOR THE SOUTH E I N STREET PARKING to KGLOT Te May OTHER IM0) IMPROVEMENTS INCLUDING THE FO O AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) (Mr. Magnuson made the determination that the City can sell General Obligation Bonds for certain specific purposes with levying special assessments and this is one of the things that the Charter allows the City to do - the charter does allow that bonds can be sold for general system sewers and it was his opinion that a storm sewer of this nature would fall under the charter and would be allowable.) (Mr. Hay of the Bonding Consulting firm concurred on this matter) r 1 I a • e • • • • • 624 3. On motion of Councilman Powell, seconded by Councilman Roger Peterson, the Council approved Change Order No. 1 for Local Improvement No. 173. (all in favor) (This is for a water reducing valve which will be paid for by the Water Department). 4. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the Council granted a Beer Permit for the Stillwater Jaycees for Lily Lake Park for June 20, 21 and 22, 1980. (all in favor) 5. On motion of Councilman Powell, seconded by Councilman Harry Peterson, a Beer Permit was granted to the Women's Slowpitch Tournament for Lily Lake Park for June 6 -7 -9, 1980. (all in favor) 6. On motion of Councilman Harry Peterson, seconded by Councilman Powell, a resolution was introduced "APPOINTING A RESPONSIBLE AUTHORITY AND ASSIGNING DUTIES" and the Council designated Nile Kriesel for this position. AYES-- Councilw:,aan Bodlovick, Councilmen Harry Peterson, Roger Peterson, Powell and Mayor Junker NAYS- -None (see resolutions) 7. On moticl of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, a resolution was introduced "DIRECTING THE PAYMENT OF THE BILLS "., with the addition of the payment to George Diethert for reimbursement of Health Coverage payments. AYES -- Councilwoman Bodlovick, Cuncilmen Harry Peterson, Roger Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) APPLICATIONS On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the following Contractor's Licenses were approved: (all in favor) Asphalt Specialties, Inc. 1900 Quant Ave. So., Lakeland 55043 Eiklenborg & Schleueter Construction Co. R. R. #1, Box 57 -A, Osceola, Wisconsin 54020 Masonry & Brick Work Haines Tree Service, Inc. 9262 Otchipwe Avenue No., Stillwater Richard H. Jonk Masonry R. #2, Box 252 -E, Somerset 54025 Len Mollenhoff Roofing 751 Hiawatha, Vadnais Heights 55110 Rite -Way Waterproofing, Inc. 7337 Lake Drive, Lino Lakes 55014 May 6, 1980 Asphalt Driveways Wallmaster, Inc. 1141 W. Montana, St. Paul 55108 Kenneth L. Zaffke - Brick & Stone, Inc. P. 0. Box 405, Forest Lake Mn. 55025 Tree Trimmers Masonry & Brick Work Roofing Water - Proofing Shamrock Construction Co. 5749 Lake Elmo Ave., N„ Lake Elmo 55042 Excavators New Renewal Renewal Renewal Renewal Renewal Renewal Siding & Home Improvements Renewal Masonry & Brick Work Renewal - - -On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council approved a Cigarette License for the Mad Capper Saloon, 224 South Main Street, Stillwater. (all in favor) COMMUNICATIONS From the League of Minnesota Cities - Raising of Bond Interest Rates. (No action - information only) From Mrs. Robert Crisp, 1328 South Third Street regarding the repair of a water leak. MAYOR JUNKER Indicated ttat he would check out this complaint with Mr. McKean at the Board of Water Commissioners. From Sgt. Donald L. Beberg regarding the traffic on Main and Chestnut Streets. (No action) MINT • • • • • ■ • • • n s w May 6, 1980 CITY CLERK'S REPORT The City Clerk reported that '.he City has received a letter of resignation from Mr. A. William Fredell iron the Heritage Preservation Commission and that this letter will have to be referred to the Planning Commission for an appointment to fill this vacancy which will have to be confirmed by the City Council. CITY COORDINATOR'S REPORT 1. MR. KRIESEL asked the Public Works Committee if they took any action on the Junior Sewer Maintenance position and they indicated that they had not and this matter was held over for the next regular meeting. There are three applications that have geen received for this position. 2. Mr. Kriesel brought up the m atter of the ratification of the By -Laws for the Fire Relief Association which was discussed at the last Council meeting and at that time he had pointed out that they had rearranged the By -laws in a more readable manner and the only specific changes in the By -laws was for the lump sume payment of $600 to $800. COUNCILMAN ROGER PETERSON asked if this was another request and MR. KRIESEL stated at the previous meeting the Council tabled any action on this. COUNCILMAN ROGER PETERSON stated that at the time it was tabled he thought Councilman Harry Peterson tabled it until such as there was an end to the le negotiations with the full- timers and that hasn't happened as yet. R MR. KRIESEL stated that was not the case at the last meeting - Councilman Harry Peterson felt that there were so many changes here that he did not have as much time as he wanted to take a look at it to see what the impact of the changes were - it is hard to read - to go back and forth between the old copy and the new copy. COUNCILMAN POWELL stated that he understood that Councilman Harry Peterson was concerned with the differences between the $600 and $800 and granting this at 4 F4s particular time in view of the fact that we are going into arbitration. COUNCILMAN ROGER PETERSON stated that was the original case and COUNCILWOMAN BODLOVICK concurred on this matter. COUNCILMAN HARRY PETERSON stated that when this matter of raising the yearly credit came up the City was in negotiations on the contract and at that time he indicated that he thought thi; was a negotiable item - whether or not it is to be considered by the arbitrator who is going to have the case here pretty soon is a question that remains to be seen - whether or not the Council wants to make a concession at this point - something that the arbitrator won't have to deal with is another matter. COUNCILMAN ROGER PETERSON did not feel that we should - he felt that it it was a vaiable issue at that time, it still is. 1 MAYOR JUNKER asked Mr. Kriesel if there were any major changes and make a recommendation to the Council that would not be acceptable and MR. KRIESEL nos replied "no ". The only thing was the lump sum payment from $600 to $800. DICK COLEMIER stated that the By -laws are approved by the membership at $800 and they have been submitted to the Council for their approval. MAYOR JUNKER stated that if the Council does not approve them, then the Council does not agree with the $800 and MR. COLEMIER indicated that was correct. MAYOR JUNKER asked if the Council approves the By -laws at $600 would they accept that and MR. COLEMIER stated that they are asking for $800 - the $800 figure is based on an actuarial study that requires no funding at all from the City and have this there is this - City City. MAYOR JUNKER stated that they understand that - he asked if there had been anything new added or changes made that he would see would have any direct effect on the City - the only change is from $600 to $800 (This question was directed to Mr. Kriesel and he concurred on this) COUNCILMAN HARRY PETERSON stated that he noticed in Nile's letter of April 11, 1980, the Relief Association has requested a timely review of the By -laws as amended in order to meet a July 1, 1980 filing requirement under Minnesota Statute arbitration Subd. before the be in the July 1st date. 125 ' a • • 126 n • May 6, 1980 MR. COLEMIER stated that this has nothing to with the Contract, this comes from an entirely different group. COUNCILMAN POWELL stated that Mr. Colemier did not feel that it does, but that the Council does. He asked Mr. Colemier if any of the regulars are in the Relief Association and he stated that they are and then COUNCILMAN POWELL stated that it has something to do with it. MR. COLEMIER added that it has nothing to do with it - there is on connection between the negotiations and this Relief Association, because the City is not paying anything into this. COUNCILMAN POWELL stated that if it is not going to make any difference, then it can wait. MR. COLEMIER stated that it cannot wait because they have been on this thing since November. COUNCILMAN ROGER PETERSON replied that they are well within their limit to meet a July 1st date. MR. COLEMIER stated that they are not because they have to have these things finalized and into the State by July 1st. COUNCILMAN ROGER PETERSON asked what is to be finalized and MR. COLEMIER stated the Council's approval. COUNCILMAN ROGER PETERSON stated that could come at any time - if it were approved, then it is approved and there is nothing to finalizing it. MR. COLEMIER added that there is nothing that has any relationship to the negotiations with the regular Fire Department. COUNCILMAN ROGER PETERSON stated that was Mr. Colemier's opinion. COUNCILMAN POWELL stated that first of all they have to remember that the Firemen's Association drafted that and got that whole program together - they went to the Legislature and passed it - it was fathered by the Firemen's Association and perpetuated by them endow they are trying to "shove" it down the Council's throats right now and he requested that Mr. Colemier be calm JAMES STEVENSEN stated that the State has given them a July first deadline and if they do not get it in by then they lose $21,000 from the State and they get their funds as soon as it is approved. There were questions about sending it in at the $600 if they would lose their money and MR. COLEMIER responded that there is a figure of $800 in the By -Laws. COUNCILMAN POWELL stated that they wrote the By -Laws and they lobbyed with the State and the whole thing - the Firemen's Association - that is how it was done - this was something that was brought about by the Firemen's Association of the State of Minnesota and they are all working for the same thing - that is their pension, and got the 2 %. MR. COLEMIER stated that they have the money in the fund for their pension. On motion of Councilman Roger Peterson, seconded by Councilman Powell that this matter be delayed until June 17, 1980. DISCUSSION - COUNCILMAN POWELL stated that the point is that they could get the money, but they want the $800 rather than the $600 - he said that they stated that they will lose $21,000 but they won't. VOTE ON THE MOTION - (all in favor) CONSULTING ENGINEER'S REPORT 1. On motion of Councilman Roger Peterson, seconded by Councilman Powell, a resolution was introduced "AWARDING THE CONTRACTS FOR THE PARKING LOT TO THE APPARENT LOW BIDDERS" (Bituminous Consulting and LPD Electric) AYES -- Councilwoman Bodlovick, Councilman Harry Peterson, Roger Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 2. MR. ELLIOTT asked for authorization to prepare the plans for the Lily Lake Level Control and to advertise for bids. On motion of Councilman Powell, seconded by Councilman Roger Peterson, the City Engineer was authorized to prepare the final plans for the Lily Lake Level Project, Local Improvement No. 181 and authorized to advertise for bids. (all in favor) M 0 I • • • Py e • • • A 44 ION bed May 6, 1980 3. Mr. Moore reported that the Frontage Road was paved this date and the Contractor will probably finish the project within a week. Mr. Bell has written them a letter regarding the driveway problem - when the project was started he had one driveway access to Trunk Highway 212 and under the State regulations this is all that the State will allow since the parcel that he owns is less than forty acres. Mr. Bell also had a driveway that exited off of his existing one on his land to give him access to the property to the east of his house and when the utility pole was moved, the pole is right on the access to the east side and he requested that he be allowed to have another driveway and he has checked with the District Engineer and as far as the State was concerned they would not allow one and since this roadway will be turned over to the City upon completion, that if the City wishes to grant him another driveway they could. He has talked to the Contractor and he would do the grading of the driveway for nothing - he would furnish a culvert which would cost about $270 for an 18 inch culvert and the City would have to pay him for a load of crushed rock - total bill would be about $350. (The Council agreed to this and instructed Mr. Moore to proceed with this matter.) 4. On motion of Councilman Roger Peterson, seconded by Councilman Powell, the Council approved changes Change anges adjacent toth Local Highway and thattwo l lv culverts m be t o combined for a total of $3,600. (This will be paid for by the State of Minnesota) (all in favor) 5 be that on morning No. L okou0teStreet. will Bituminous work will begin on 5/15/80. Mr. Magnuson requested that he be given a proper driveway access to his property which will be done with this project. 6. Mr. days Moore it is the matter of ated that Keller eriPg Project street probably be finished in about 45 7. Mr. Elliott reported that on the Ogren problem the road was shifted slightly to the north at its juncture with the County Road and it is a vast improvement and almost approahces what was proposed in the first place and he is satisfied. 8. Mr. Elliott read a letter that he had received from Mr. Kern regarding the utilities for their development in the Industrial Park and he will check out this matter and respond to Mr. Kern on this matter. COMMITTEE REPORTS PUBLIC WORKS 1. On motion of Councilman Roger Peterson, seconded by Councilman Powell, the residenceuato1304dWest installation a backup alll Vince Hamann in favor) PARRS & RECREATION 1. Mr. Blekum reported that the Croixwood Park Ballfield is in operation as of Monday - he is building horse shoe courts just to the north of the buidling out there - the fencing is here and as soon as they finish other work it willbe installed and also the playground equipment. 2. On motion of Councilman Powell, seconded by Councilman Roger Peterson, the Council authorized the use of Lowell Park for the Art Fair to be held May 16 and 17, 1980 from 10:00 A. M. to 7:00 P. M. (all in favor) 3. stated by Trenton at this time he did not have the time to put together the figures that would be necessary to go ahead with such a sale or proposal. MR. BLEKUM stated that in the event that the arena is ever sold to some private individual, he did not feel that the property that the building stands on should go with the sale and it would have to be leased from the City as there are other activities that go on in that complex and the beach is another whole problem. MAYOR JUICER requesting that Mr. Kriesel get a few figures together for this party. PUBLIC SAFETY On motion of Councilman Powell, seconded by Councilman Roger Peterson, the Fire Chief was authorized to advertise for bid- for the purchase of a Pumper Apparatus and to receive quotations for the purchase of a compressor. (all in favor) 12t`, • 1 e • • • ?128 I • CITY ATTORNEY'S REPORT No report ORDINANCES Second Reading - Ordinance No. 582 - Ordinance No. 583 - Ordinance No. 584 May 6, 1980 RESOLUTIONS The following resolutions were read and on roll call were unanimously adopted: 1. Payment of the Bills 2. Vacation of Easements in the Lux's Meadowview Addition 3. Sale Of $425,00 Improvement Bonds 4. Employ Ball Park Attendant - Paul Thomas 5. Appoint Responsible Authority - Nile Kriesel 6. Rehabilitation Loans 7. State Highway Agreement for the Signals 8. Award the Contracts for Local Improvement No. 166 (South Main Street Parking Lot) 9. Vacate the Streets in the Feely Plat. ADJOURNMENT On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the meeting adjourned at 10:00 P. M. Attest: .rl, Ci Clerk Mayor ari Mb • • • •