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HomeMy WebLinkAbout1980-06-03 CC MIN• • • X138 COUNCIL CHAMBER Stillwater, Minnesota June 3, 1980 7:30 P. M. el REGULAR MEETING The meeting was called to order by President Junker. The Invocation was given by the City Clerk. Present: Absent: Also Present: Press: Citizens: Councilwoman Bodlvocick, Councilmen Harry Peterson, Roger Peterson and Mayor Junker Councilman Roger Peterson Finance Director /Coordinator, Kriesel; City Clerk, Schnell; City Attorney, Magnuson; Superintendent of Public Works, Shelton; Public Safety Director, Abrahamson; Director of Parks and Recreation, Blekum; Consulting Engineers, Moore and Elliott; Building Official, Zepper Stillwater Evening Gazette - Liberty Free Press - Julie Edstrom St. Paul Dispatch Mr. & Mrs. Tom Schwintek, Peter Mielke, Jerry Mullenbach, Kenneth Haggy, Monty Brine, Tom Farrell, Fran Duncan, Andy Cass, Roger Funke INDIVIDUALS & DELEGATIONS 1. COUNCILMAN POWELL introduced Fran Duncan who was present at the meeting - she is a candidate for State Senate. 2. A representative from the Jaycees appeared before the Council regarding a Beer Permit for Lowell Park from approximately 7:30 P. M. to 11:00 P. M.. He stated that the Chamber of Commerce is furnishing the fireworks and the Downtown Council is furnishing the band (Monty Brine stated that the Downtown Council has decided not to have a band). Questions were asked if they had a beer permit last year and it was indicated that they didnot - the Downtown merchants handled the concessions. MR. BRINE stated that in lieu of the action of the City Council regarding Lumberjack Days and the beer permits for the Park, they have turrned the con- cessions over to the Jaycees COUNCILMAN HARRY PETERSON injected a point of information - he has heard that the River Valley Lions group plans to have a bratwurst sale in Pioneer Park on the evening of the 4th of July and he was approahced tentatively as to whether or not the Council would look kindly on the sale of beer along with the bratwurst and due to the action taken on the Lumberjack Days requests that he doubted it very much and he suggested that they look to serving soft drinks. He felt that we could be looking at a beer party in Pioneer Park and another one in Lowell Park - felt that the Council should look at this very closely. COUNCILMAN POWELL felt that the size of the celebration is very small as compared to Lumberjack Days and will probably be attended mainly by local people. COUNCILMAN HARRY PETERSON asked if there would be one location for the sale of beer and the response was that if the Council decides on a location they would follow those instructions. COUNCILWOMAN BODLOVICK could see if they were to favor one that the other one should not also be favored at the same time if there are limited hours in both instances. There was further discussion that this situation is considerably different from Lumberjack Days with the sale of beer all afternoon and it was felt that there would not be the problem of crowd control - there was a large crowd in the park but it was a different kind of a crowd than there was at Lumberjack Days. MR. ABRAHAMSON felt that there should not be any problems with the hours short enough and early enough so that things do not get out of hand. The Jaycee representive agreed to close down the stand whenever the fireworks are over which would be about 10:30 P. M.' On motion of Councilman Harry Peterson, seconeed by Councilwoman Bodlovick, the Council granted a special use permit for the Jaycees for the use of Lowell Park for the night of July 4, 1980 from 7:30 to 10:30 for the sale of beer with as closely controlled conditions as possible with the closing down of the sale of beer as soon as it is apparent that the local people who came for the fireworks are through drinking and the start will depend upon when the crowd starts to assemble. (all in favor) iN 41 a • • • • • t • ^ Jura 3, 1980 1 3 9 0 • n 2. MONTY BRINE appeared before the Council requesting permission for the Annual Bicycle Races on Sunday, June 29, 1980 using the same route as last year. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the Council granted permission to Brine's for a Bicycle Race to be held on Sunday, June 29, 1980. (all in favor) 3. ANDY CASS of Suttler's appeared before the Council requesting a special use permit for a picnic and wine tasting party at Pioneer Park on Wednesday, June 25, 1980 from 6:30 to 9:30 P. M. They have the park tentatively reserved at this poont. They are going to sell tickets ahead of time through Suttlers and they will rope off an area in the Park and the people coming into this area must present a ticket and once inside of this area, they will be given name tags to wear and no c . will be given wine unless they have a name tag. The people will bring their own food. They would like to work with River Valley Lions and the net proceeds will go to River Valley Lions to continue their work in the renovating work at the park. On motion of Councilman Harry Peterson, seconded by Councilwoman Bodlovick, the Council granted a special use permit to Suttlers and Brines for the Wine Tasting Picnic and Party at Pioneer Park on Wednesday, June 25, 1980 from 6:30 to 9:30 P. M. (all in favor) 4. JESS MOTTAZ made a request to the Mayor and the Building Official for a variance to use the old Courthouse for a wedding on June 14, 1980 on the second floor. MR. ZEPPER asked that they have some fire extinguishers installed in there and that they put a paddle lock on the storage area under the stairway MR. CHIAL has requested that they have two firemen there and they are willing to go along with that. I 1 - -On motion of Councilman Powell, seconded by Councilman Harry Peterson, the Council granted the use of the second floor of the old Courthouse for a wedding reception on June 14, 1980. (all in favor) - -On motion of Councilman Powell, seconded by Councilwoman Bodlovick, that the Council go on record as disallowing any other requests for the use of the second floor of the old Courthouse Building until the necessary repairs are completed and the building is brought up to code. (all in favor) (The City Clerk was directed to send a copy of this motion of to Mr. Mottaz and also the Washington County Commissioners) A• PETITIONS None PUBLIC HEARINGS 1 This was the day and time for the public hearing on Case No. 384 for Peter Mielke, 416 North Second Street for a variance for a garage, to place same as close as possible to his south property line. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City, on May 23, 1980 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. MR. MIELKE showed the Council the layout and plans for this garage. No one appeared as being opposed or in favor of this request. The Mayor closed the hearing. On motion of Councilwoman Bodlovick, seconded by Councilman Powell, the Council followed the recommendation of the Planning Commission and granted the variance for a garage at 416 North Second Street. (all in favor) 2. This was the day and tine for the public hearing on Case No. 385 for Jerry Mullenbach, 304 Maryknoll Drive for a variance to build a swimming pool on the property line. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on May 23, 1980 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. MR. KEN BAGGY from Pacific Pools who will be installing the swimming pool explained the plans and that the fence will be on the property line of abutting property which is owned by the Wildpines Home Owner's Association. MR. MAGNUSON stated that this would be legally permissible to grant such a variance, so they would not be encroaching on this piece of property. a • • • 7-- "140 June 3, 1980 Oil The Mayor closed the hearing. On motion of Couniilwoman Bodlovick, seconded by Councilman Powell, the Council followw7 the recommendation of the Planning Commission and granted the variance for the swimming pool fence at 304 Maryknoll Drive to be installed on the line. (all in favor) •Ip UNFINISHED BUSINESS 1. The City Attorney was directed to inform the School District that the City of Stillwater is not interested in the following parcels in Sabin's Addition which they offered to the City: Lot 1, Block 9 (11080 -5230 -part) Lot 18, Block 9 (11090 -5340 -part) Lots 1, 2, 3 and 4, Block 6 (11080 -5190) 2. TOM SCHWINTEK, 2327 Hidden Valley Lane, indicated that they were informed that the matter of the petroleum station at the Brooks Superette would be heard at the June 17th meeting and they were not completely prepared at this time. On motion of Councilman Harry Peterson, seconded by Councilman Powell, the matter of the special use permit for the petroleum service was laid over to the June 17th meeting in order to give the opponents and the City Council ample time to review the matter submitted by Carl Dale for the planning for this area. (all in favor) (The City Attorney was directed to send a copy of this report from dl Carl Dale to the petitioner and to the leader for the opposition for this request). NEW BUSINESS 1. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the Council set the date of June 17, 1980 at 7:30 P. M. for the public hearing on Case No. 86 for Paul Holmberg, 320 North Fourth Street for a variance for a garage. (all in favor) 2. On motion of Councilman Harry Peterson, seconded by Councilman Powell, the Council approved the contract proposal for the Maxi -Audit for Energy from Hoisted & Associates. (all in favor) 3. On motion of Councilman Powell, seconded by Councilman Harry Peterson, a resolution was introduced "EMPLOYING THE BEACH PERSONNEL ". AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 4. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, a resolution was introducted "DIRECTING THE PAYMENT OF THE BILLS ". AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) INDIVIDUALS & DELEGATIONS - continued None at this point in the meeting. APPLICATIONS On motion of Councilman Powell, seconded by Councilman Hairy Peterson, the following Contractor's Licenses were approved: (all in favor) Alberg Construction 1680 Manning Avenue South, Lake Elmo 55042 General N Dave Bell Masonry R. #1, Box 115 -A, Stillwater 55082 Masonry & Brick Work Renewal Judd L. Cates dba The Carpenters 15720 - 100th St. N., Stillwater General Renewal Jack Rice Construction 8496 Lofton Ave. N., Stillwater General Renewal Thomas W. Sweno dba Tomco Construction 9442 Stillwater Blvd. N., Stillwater General New (continued) 1 1 N w • • • • It • A 1 iw sae Asphalt Driveway Co. 1211 East Highway 36, St. Paul 55109 Frei Construction, Inc. 12525 - 62nd St. N., Stillwater Milan Horak 186 Minnesota St., Bayport 55003 J. Lamont Brine 219 S. Main St., Stillwater Brooks Superette #26 2289 Croixwood Blvd., Stillwater Richard R. Tuenge, Das Wurst Haus 312 South Main Street, Stillwater J. Lamont Brine 219 South Main St., Stillwater Richard R. Tuenge - Das Wurst Haus 312 South Main Street, Stillwater June 3, 1980 Blacktopping General Tree Trimmers Renewal Renewal Renewal Simon 0. Johnson 5725 Oakgreen Ave. N., Stillwater Masonry & Brick Work Renewal L. W. Samuelson Construction Co. 7800 E. River Road, Minneapolis 55432 General New St. Croix Excavating - Donavin Schmitt R. #2, Somerset Wisconsin 54025 Excavators Renewal - - -0n motion of Councilwoman Bodlovick, seconded ',- councilman Harry Peterson, the following 3.2 Off Sale Beer Licenses were granted; (all in favor) Renewal Renewal Renewal - - -On motion of Councilman Harry Peterson, seconded by Councilwoman Bodlovick, the following 3.2 On Sale Beer Licenses were granted: (all in favor) Renewal Renewal - - -On motion of Councilwoman Bodlovick, seconded by Councilman Harry Peterson, an On Sale Wine License was granted to John M. Hughes for the Last Chance Cafe, 304 North Main Street, Stillwater. (all in favor) COMMUNICATIONS From the State of Minnesota - Northern States Power Co. electrical rate increase application. (no action) CITY CLERK'S REPORT 1. On motion of Councilwoman Bodlovick, seconded by Councilman Harry Peterson, the Council granted a Liquor Permit to Rene Juelich, 504 South Sixth Street for June 28, 1980 from 4:00 to 9:00 P. M. at Pioneer Park for a birthday party. (all in favor) CITY COORDINATOR'S REPORT 1. MR. KRIESEL informed the City Council that the quote that he had received from Shamrock Construction for the work to be done at the Library did not include the painting of the entrance hall and the adjacent area, and also that they have now requested the painting of the lower level of the library. There would be an additional cost of $2,000 for each of these projects or a total of an additional $4,000. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the Council asked that the matter be held over for thirty days for this additional painting to give them time to see if there are any monies available for this work. (all in favor) • 2. On motion of Councilman Harry Peterson, seconded by Councilman Powell, the Council set the rate of the waste that is dumped from septic tank haulers at $1.00 per thousand gallons. (The City Attorney made the first reading of an ordinance by title to make this change). (all in favor) 3. Mr. Kriesel informed the Council that there will be a meeting with the Stillwater 1 City Council, Stillwater Township Board and the Joint Powers at 7:00 P. M. on Wednesday, June 4, 1980. (all in favor) a • • 142 • PUBLIC SAFETY No report PUBLIC WORKS 1. On motion of Councilman Powell, seconded by Councilman Harry Peterson, the charge for the jet rodding of the sewers for Oak Park Heights would be increased from $65.00 per hour to $75.00 per hour as recommended by the Superintendent of Public Works and that this rate could be negotiated each year. (all in favor) 2. On motion of Councilman Harry Peterson, seconded by Councilman Powell, the Council authorized Mr. Shelton to receive quotes for tar and gravel roof repairs for the Nelson and South Lift Stations. (all in favor) PARKS & RECREATION No report June 3, 1980 COMMITTEE REPORTS BUILDING OFFICIAL 1. Mr. Zepper questioned the placement of driveways on property lines and Mr. Magnuson stated that the ordinance speaks to structures and he did not feel that this would apply to driveways and that they could be placed on the property lines and it would be legal. MR. SHELTON recommended that they be tilted so that they do not drain on their neighbors property. Questions were raised about snow removal and it was indicated that you would have to blow the snow on your own property. It was suggested that the Building Inspector allow construction prcufding that t':,re is no objection from the neighbor; if there is objection, then the partic ,uld appear before the City Council. CONSULTING ENGINEER'S REPORT 1. MR. ELLIOTT reported that Tower Asphalt is behind schedule with their work, but ■q that they will be proceeding with the matting jobs, which included Lookout Street shortly. 2. MR. MOORE explained the proposed Augustine Plat which has been prepared by Bruce Folz and the drainage problems and street alignments for this plat. He has been in contact by letter with Oak Park Heights and Dr. McCarten on this matter, but to date has not had a response. There will be two ponding areas - one will be wet and the other one will be dry except when there is a heavy rain following a storm. He explained the problems with this plat and the drainage on Rainbow Court and the proposed street matting to be done on that street. He recommended doing the driveways and the curb work. There was discussion on now this could be accomplished and Mr. Shelton stated that something has to be done about Rainbow Court. MR. MOORE expplained that if there was not a north /south roadway in this development they would need some alternate access to this property and the location indicated as the desirable location to avoid traffic congestion on the frontage road MR. ELLIOTT stated that there is a timing problem between the two projects - at the last meeting they suggested the possibility of "front- ending" any of the money to install that portion of the storm sewer under the cul -de -sac only. No one in Forest Hills is to be assessed for the storm sewer for the Augustine Plat. If the matting was put down and then would have to be dug up later, you would lose the whole job and the street would have to be completely reconstructed. MR. MAGNUSON stated that the improvements are outside of the Augustine Development and probably would contribute to the controlling the runoff of the entire watershed - if the Council wanted to do the project as a public improve- ment and assess the benefit they would probably have problems charging it all to Augustine. On the other hand if it was tied in with the plat approval and get the improvements installed before plat approval, the City would be in much better shape and might be able to get them to put them all in - it would be a condition of the approval of the plat. It could then possibly be done by assessment by agreement to have it against this property alone, and give them a number of years along with the other improvements that will be done On motion of Councilman Powell, seconded by Councilman Harry Peterson, the City Engineer, Finance Director and City Attorney were directed to meet with the Augistine Bros. and Mr. Folz to explain this matter to them. (all in favor) tit 11 NI • e • • e • s • r�A ®e IMO • June 3, 1980 MR. MAGNUSON stated that snowplowing or water runoff would be a trepass and this could be resolved through a lawsuit in a civil court case, but that this could be negotiable between the two neighbors and that the Council should not have to be involved. 2. On motion of Councilman Powell, seconded by Councilman Harry Peterson, the City Attorney made the first reading by title of an ordinance entitled "AN ORDINANCE AMENDING STILLWATER CITY CODE NO. 33.01, SUED. 4, PARAGRAPH 2 - Plan Checking Fees ". (all in favor) COUNCIL REQUEST ITEMS 1. COUNCILMAN HARRY PETERSON asked again about the "No Parking" on the north side of Third and Chestnut Streets and the signs for same and also the removal of the trees on this property. (Mr. Shelton is to take care of this matter immediately) 2. MAYOR JUNKER requested that the Residential Parking signs be replaced on the east side of South Fourth Street just south of Meisters Bar and Grill and Mr. Shelton was directed to take care of this. CITY ATTORNEY'S REPORT 1. MR. MAGNUSON reported to the Council on the letter that he had received from Mr. Swager regarding the pipe to be put in on Pine Tree Trail in which he advises that he will pay the City the sum of $2,000 to put in a pipe. The Engineer's estimate for this work to be done was $7,710.00 and Mr. Elliott stated that it is Mr. Swager's responsibility and if Mr. Nelson's property is damaged, then he would be liable as this was part of the plat approval. Mr. Magnuson cited the provisions and conditions that were made in the plat approval. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, Mr. Elliott was directed to contact Mr. Swager on how this project is to be done to avoid any possible flooding of the Jack Nelson Property. (all in favor) 2. MR. MAGNUSON read and explained the contents of the ordinance entitled "AN ORDINANCE LICENSING AND REGULATING THE CONDUCT OF GAMBLING" (Ordinance No. 585). The chair then put the questions, "Shall this ordinance pass?" and on roll call the ordinance was unanimously adopted. QUESTIONS FROM THE PRESS REPRESENTATIVES None ORDINANCES Second reading - First Reading - RESOLUTIONS The following resolutions were read and on roll call were unanimously adopted: 1. Directing the Payment of the Bills. 2. Employing the Beach Personnel Adiournment On motion of Councilwoman Bodlovick, seconded by Councilman Powell, the meeting adjourned at 8:50 P. M. Attest: j' ft' - <w.-r - Gt L' Ily Clerk Ordinance No. 585 - An Ordinance Licensing and Regulating the Conduct of Gambling Ordinance Amending Ordinance No. 584 (Sewage Disposal Charges) - Ordinance Amending City Code No. 33.01 - Plan Checking Fees J Mayor 14� • • • • •