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HomeMy WebLinkAbout1980-06-17 CC MIN.�44 COUNCIL CHAMBER Stillwater, Minnesota June 17, 1980 REGULAR MEETING Present: Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson, Powell and Mayor Junker 4:00 P. M. _ Absent: None Also Present: Finance Director - Coordinator, Kriesel; City Clerk, Schnell; City Attorney, Magnuson; Public Safety Director, Abrahamson; Public Works Director, Shelton; Director of Parks and Recreation, Blekum; Fire Chief, Chial; Building Official, Zepper; Consulting Engineers, Elliott and Moore Press: Free Press - Julie Edstrom Citizens: Dan Conners, Jim Torseth, Neal Skinner, Bud Kern, William Pauley INDIVIDUALS AND DELEGATIONS 1. DAN CONNERS appeared before the City Council requesting permission for a five mile race through the City of Stillwater which will be sponsored by the Still - wat Chiropractic Clinic - tentative date of same to be Saturday, August 9, 1980 and they are proposing to start at Lily Lake Park and they are willing to pay for some Police Reserves as needed. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council authorized the race, subject to the approval of the Director of Public Safety after they have set up the course for this race. (all in favor) 2. MR. JIM TORSETH, Prescient of Press On, read their letter to the City Council of June 17, 1980 at this time and submitted a copy of same to each member - this letter related to recent actions of the Joint Powers Committee and which they felt were in serious violation of the Joint Powers Agreement. COUNCILWOMAN BODLOVICK Indicated that they are not attempting to rezone this area - the representatives have to go along with what the City chooses - they have to carry out the wishes of the Council, and there was a question as to whether or not this was done in the matter of the possible rezoning for the Industrial Park. To her recollection there was general discussion and no formal motion was made and carried through. BUD KERN stated that due to a public hearing they gave back money on twelve different parcels and that the attitude of the Joint Powers has always been very negative toward them and they have not done one thing for him and he could have done a better job without them. COUNCILMAN HARRY PETERSON stated that they should have passed a motion - if they have to come back to the Council for all of these things then the City Council as a whole should sit on the Joint Powers - they try to bring back reports as to how things are progressing and that it was his motion that the entire matter of rezoning be laid on the table definitely until one or the other of the juris- dictions came back and asked that it be considered - he is in favor of the continuation of Joint Powers. The question is how much further are we going to go on this - if the effort is going to be to abandon the Joint Powers Agreement because of this incident or incidents like this and asked how many times the Council is going to get spanked on this MR. TORSETH speaking for himself stated that he would have to continue to do his homework and his group will have to continue what they are going as long as everyone that is involved in this process does not have to do their homework so that they may be properly taking action within this Joint Powers Agreement and within the County Zoning Ordinance. MAYOR JUNKER stated that the biggest hang -up is that they are concerned in developing Industrial Plants that employ a lot of people - he felt that the County sided in with the Township and they are delaying the building in the Industrial Park until every piece of property is sold to a manufacturing plant - this is the personal way that the Township wants everything to become "Industrial ". He felt that most of the blame has to go to Stillwater Township and that the County Planner wants to solely control the Industrial Park without ever being heard from the City of Stillwater - it is our property and he is not against the Joint Powers. COUNCILWOMAN BODLOVICK asked Mr. Kern if he was satisfied with his zoning and he indicated that he was and if they want it changed they will make a request. 0 0 • • • • • 1 • June 17, 1980 COUNCILMAN POWELL felt that the Joint Powers is quite cumbersome as our engineers have had to go these hearings and that we had a good Planning Commission and Attorney that can take care of these matters - he felt that there is a lot of repetition and delays. MR. MAGNUSON explained that a Joint Municipal Board like this only has the power that is deleaged to it by the legislature - no community has any inheritant power under the express law - in this case the xpressed law made by the legis- lature validating this delegation of power and he felt that it is enforceable in the court - he felt that the City has the power to abandon the Committee and that the City has the power to do it but it would paralize the whole development of the Industrial Park - it is not a simple power. COUNCILMAN ROGER PETERSON asked about having this law rescinded or changed in some way and MR. MAGNUSON stated that we could ask our representatives in the legislature to initiate the proper bill to change it. On motion of Councilman Powell, seconded by Councilman Roger Peterson, the Council instructed the City Coordinator to contact our legislators requesting that they be present at our next regular meeting to indicate the City's feelings at this time to inititate legislation to abandon the Joint Powers group. VOTE ON THE MOTION - Ayes -- Councilmen Harry Peterson, Roger Peterscn, Powell Nays -- Councilwoman Bodlovick Abstained - Mayor Junker (motion carried) There was discussion about the drainage in the Industiral Park especially the Travel Agency and that there was not a drainage plat for this area and none 9 was required. MR. ELLIOTT felt that the developers have to maintain control of the people building out there because they do not want something detrimental to happen to one lot that will affect the value of the other - felt that it would have been prodent to have an active drainage plan for the block. They are attempting to do work over the phone and he refuses to give out grades over the telephone and they have not been authorized to do anything. MR. MAGNUSON stated that on the re- subdivision they agreed to dedicate a covenant saying that the drainage easements would be dedicated by the developer on a per lot basis - it is a restricted covenant. (Mr. Kern and Mr. Torseth are to be informed of this meeting with the legislators) F•� 1+� 2. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council authorized the Mayor to sign the amendment to the agreement for the Suburban Police Recruitment which will give the Mayor and the City Council the authority to make the appointments to this Board rather than the Police Chief or Public Safety Director to serve on this board. (all in favor) 3. Mr. Abrahamson reported that the Public Works Department today re- signed the levee road under the birdge and hopeully there will be no more problems. s ter COMMITTEE REPORTS PUBLIC SAFETY 1. On motion of Councilman Roger Peterson, seconded by Councilman Powell, the Council authorized the City Attorney to write a letter to Mr. John Person, 1014 West Ramsey Street asking him to clean up this property within fifteen days otherwise the City will do the work and bill him or put an assessment on his taxes and there will also be an inspection by the Police Chief at that time. (all in favor) PUBLIC WORKS 1. MR. SHELTON reported that the curb has been painted and the sign has been moved at the Monty Brine residence on Chestnut Street and he asked if the trees should be removed and it was agreed that the trees should come down. 2. MR. SHELTON stated that he has received complaints on the building that was put in the Ramsey -Grove Park and Mr. Blekum felt that this could be a building that could be moved back and forth so that it is only there during the winter months and it can be used as a concession stand in the summer months. It was suggested that it should be made safe if it is left there. 3. Mr. Shelton reported that after looking at the structure on North Second Street they are not going to remove the top, but that they decided to move the hill down into the area and it will drain if it rains and Mr. Miller is going to put more fill in there. 14 • • • • • • • 646 June 17, 1980 4. Mr. Shelton reported that there is still a lot of things being hauled out to the dump - he has not given anyone permission but people are still putting stuff there - it was suggested that the gate be kept closed and this might discourage some of the people. 5. Mr. Shelton also reported on fill being put into the ravine on North Fourth and Wilkins Street and the fact that the contractor doing the work for NSP is going this and that they will have to be careful of the outlet there or people will be flooded out and they have also broken the sidewalk and they will replace same. BUILDING OFFICIAL 1. Mr. Zepper asked if Mr. Cropp would need any kind of a permit to enlarge his garage at his ambulance property on South Greeley Street and he was informed that Mr. Cropp would have to make a formal request and appear before the Planning Commission and the City Council. 2. On motion of Councilman Powell, seconded by Councilman Harry Peterson, Mr. Zepper was allowed to make the trip to Albuquerque, New Mexico to attend the National Building Inspector's Convention. (all in favor) (Mr. Zepper indicated that he would be willing to take a smaller raise if provisions are made for him to attend these conventions - no action taken on this matter) FIRE CHIEF 1. Mr. Chial felt that there are five things that should be taken care of at the Old Courthouse and there should be very little effort and money to take care of these items. Tomorrow morning Mr. Kriesel and Mr. Chial will meet with Mr. Riebel on this matter and walk over the building. PARKS AND RECREATION 1. Mr. Blekum reported on the problems with the band shell building at Pioneer Park and the vandalism that is continuing to go on in the park - there are many problems. MR. ABRAHAMSON reported that they have been patrolling the park but that most of these problems are happening in the early morning hours and he felt that they will possibly have to have the officers get out of their cars when they patrol the park. 2 Mr. Blekum informed the Council that he does not have any money in the budget for the work to be done on the building at Ramsey -Grove Park and also there is no money for the attendant for this location. CONSULTING ENGINEER'S REPORT 1. Mr. Elliott stated that he met with Mr. Norris Swager with respect to the pond on Pine Tree Trail and it is not easily resolved - Mr. Nelson has a very depressed area to his house onto which the road drainage runs and apparently his landscaping was put in when that area was low and it receives a great amount of water from this roof and it would be the basis for his wet basement. The only way this could possibly be proved is by some observation wells. Mr. Swager said he will give the City $2,000 and they can do with it what they want. The pipe would have to come out of the wall and this would take care of the overlow and the other way would be to put the pipe into the storm sewer at a cost of $7,700. He felt that the shrubs could be removed this fall and put in some fill and will have to put in an airway in around the windows. Mayor Junker felt that we should take the $2,000 from Swager for the swail and then give Mr. Nelson all the dirt that he will need to fill in around his house and get it all done for the $2,000. Mr. Elliott stated that he will meet with Mr. Nelson on this matter before the meeting this evening. 2. Mr. Elliott made reference to the replat of the Kern- Pauley property and he stated that he did write a letter to the Joint Powers but he did not address the drainage problems for this property, and explained on the map the potential drainage problems for this development. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council directed that Mr. Elliott send a letter to Mr. Kern regarding their drainage problems and a development plat for same. (all in favor) 3. Mr. Moore brought the Council up -to -date on the Augustine Plat - he presented it to the Joint Powers last Wednesday and they concurred with the roadway alignment- Bruce Folz is going to contact the Augustines and get a letter of intent to the City regarding the storm sewer construction on Rainbow Court. They have not petitioned up to this point for the water services for this plat. Sid 14 •1 • 0 0 • • • 1 • • June 17, 1980 es •r I N �*1 ..s • v CITY ATTORNEY'S REPORT 1. Mr. Magnuson reported on his meeting with the residents of Croixwood and the owners of Brooks Superette and John Ogren and Carl Dale - the neighbors had a lot of conditions that they had worked out - he felt that the filling station question is something that will have to be worked out separately from the development of the balance of this property. A filling station is permitted by a special use permit and it is up to the City to prove that development is harmful, and it can't be turned down merely on the neighbor's objections stand- ing alone. If there is some specific devaluation of property, a harmful traffic pattern. The zoning is CA Business District and that is the only business district that we have in the City and further that there be only one business on the site. The statutes that authorize the communities to zone say 'that the requirements of the districts must be uniform' - here is a CA Business District that there are special conditions on it' and the City could go to court on this aspect of the ordinance. The City would have to find some good reason to turn it down. COUNCILMAN POWELL stated that one legitimate reason would be that the Croixwood traffic would have to cross over to get into the gas station - if there was a way that there would be an entrance south of Croixwood Boulevard so that they could go in and out off County Road No. 5 without crossing Croixwood Boulevard, as far as he was concerned, that would be acceptable. MR. SHELTON indicated that he saw a letter which indicated that this station will receive an allocation for eight pumps. 2. MR. MAGNUSON reported that he has received the appraisal for the damages for the road by John Ogren's filling station which is a total of $121,000. There are 107, damages to the station and a certain percentage of damages to the sliver on the north side of the road and there was some discussion about Mr. Ogren s agree- ing to ask for no damages for this piece to the north. 3. Questions were asked about the Firemen's arbitration and Mr. Magnuson stated that there is one brief that has to be submitted - clarification of an issue concerning budget - Mr. Kriesel indicated that this brief will be submitted tomorrow, June 18th. On motion of Councilman Powell, seconded by Councilman Harry Peterson, the meeting recessed at 5:45 P. M. until 7:30 P. M. (all in favor) Attest: .k -C City i°ierk RECESSED MEETING The meeting was called to order by Mayor Junker The City Clerk gave the Invocation. Present: Absent: Also Present: Press: Free Press - Julie Edstrom Mayor Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson, Powell and Mayor Junker None Finance Director /Coordinator, Kriesel; Csty Clerk, Schnell; City Attorney, Magnuson; Consulting Engineers, Elliott and Moore. 14'' • • • X148 • Citizens: PETITIONS None June 17, 1980 Al Ranum, Gary Eastlund, Keith Carlson, Dennis Buratti, Mr. & Mrs. Dean Marlette, Kristen Cummings, Gina Pedro, Mr. & Mrs. Tom Anderson, Dean Funke, Brian Davis, Captain Griffith. INDIVIDUALS & DELEGATIONS 1. AL RANUM appeared before the Council regarding the Wharfage Permit for the Jubilee - and he recommended two changes - Paragraph 11 (Loading of Passengers) Charter Busses be allowed to unload their passengers at the gang plank (this is especially in the case of some older people where it is necessary and immediately after unloading the busses would be moved to the parking lot and immediately after loading they would be removed from the loading area so as not to clog the streets). Paragraph 14 - (Opening of the bridge to allow the passage of the boat) - the schedule is acceptable but due to the nature of the bookings and because of the demand for the boat at the various specific times it is requested that on Satur- days and Sundays at the hour of 4:00 P. M. which is a regular bridge opening hour, that the boat be permitted to proceed from north to south once each day (Saturday and Sunday) at .00 P. M. On motion of Councilman Roger Peterson, seconded by Councilman Powell the Council accepted the Wharfage Permit as submitted with these two changes designated by Mr. Ranum. (all in favor) 2. KRISTEN CUMMINGS, 303 North Fourth Street, reviewed the problems that they had with the goats and that the complaints stemmed from one neighbor, and she apolo- gized for the harrassment to the Council and City employees. Mayor Junker reminded here that one of the stipulations when the permit was granted was that any complaints that were received, the goats would have to go. Mayor Junker stated that if she had a peition that the neighbors within 300 feet would sign a petition that there were no objections to your keeping goats on your property he thought the Council would agree with it. 3. GINA PEDRO, 1799 Reaney Street, St. Paul, 55119, appeared before the Council re- questing a permit to sell hellium balloons in Downtown Stillwater for about six times during the coming months. Ms. Pedro was directed to contact the Chief of Police regarding a location for same which would be acceptable. PUBLIC HEARINGS 1. CONTINUATION OF THE HEARING ON CASE N0. 377 PETROLEUM FACILITY ON COUNTY ROAD N0. 5 -- DENNIS BURATTI, attorney for Brooks Superette, indicated the client had modified the proposal somewhat and KEITH CARLSON explained the revised plan - (1) they adjusted the canopy over the gasoline installation to the south of the property so that it did not overhang the building; (2) on the north side of the building the proposed decorative wall with a handicap parking stall. (3) to the north side of the building they will put a bike rack and entrance off Croixwood Boulevard. COUNCILMAN ROGER PETERSON asked how many pumps and the reply was two with four hoses. DEAN FUNKS, 2372 Hidden Valley Lane, presented to the Council a petition with 420 signatures out of approximately 700 homes that were contacted that are opposed to this gasoline station. RUDY LAUERMANN, 650 Nightingale Blvd., indicated that his experience in contact- ing p ople that nine out of ten people with whom he made contact were willing to sign the petition against the installation of the gas pumps. DEAN MARLETTE, 2317 Hidden Valley Lane, also explained these signatures were of voters within the Croixwood area. TOM ANDERSON, 2377 Hidden Valley Lane, indicated that forty out of fifty signed at the homes that he contacted - they were not able to contact all of the homes in the area, and did not think this would be safe to have it here. BRIAN DAVID, 2367 Hidden Valley Lane, asked if the City Council has considered the memorandum dated June 3rd from Carl R. Dale which discussed some of the options for this particular parcel and others, and the response was that it was discussed briefly at the 4:00 P. M. meeting on this date. A al l e • • • June 17, 1980 a IR II IAN KEITH CARLSON, stated that they were not asking for a new business - they are asking for an extension of their existing business - 85% of the convenience stores are being built with gasoline - there are the safety features all built into these stations today - he felt that it would actually lessen the traffic with the entrance off of Croixwood Boulevard - this is a pretty small operation and it should accommodate the people in the neighborhood. FIRE CHIEF CHIAL stated that before they are issued a permit the Fire Code is reviewed and they must comply with these regulations and is highly regulated. JOAN MARLETTE, 2317 Hidden Valley Lane, stated that the Tom Thumb store with the gasoline pumps will be going in within the next thirty days and she and her neighbors do not feel that they need any more gas stations in this area. GARY EASTLUND responded that they will be going in with groceries and gasoline and without gas pumps it will be very difficult to compete against them. MR. EASTLUND felt that Brooks Hauser has demonstrated cooperation above and beyond what is reasonable to try to meet the concerns of the residents - if the permit is granted, they will have a safer operation at this intersection than you do right now - he felt that the proposed use is compatible with what is there and felt that he is entitled to the permit. COUNCILMAN HARRY PETERSON felt that this petition was against the location rather than against gas service and he did talk to a number of people who stated that they would like to have a closer gas station, but that they did not want it at that particular place. He did not like it immediately adjacent to the existing building and he felt a proper location would be about 100 to 150 feet away and he wondered if that one person in the store and monitoring the gas has to see that the pumps do not need attention with a possible emergency. There will still be kids dropping their bikes by the front door even though there are bike racks. He would like to see them consider an installation 100 to 150 feet farther to the south again to be served by incoming traffic on the south entrance - traffic to come in and out the same way or go thru - something done to separate these buildings. KEITH CARLSON stated that economically it is not feasible unless they could put in an operation that would handle 150 to 200 thousand gallons of gas per month and he did not feel that the residents want that kind of a gasoline installation. As to the safety factors of handling it frog the inside - people serve themselves and they come in and pay - there is a communication system from the pumps to the inside in case someone is having a problem and there is an auto- matic shutoff on the inside - there are a lot of safety features built into the system. MR. MAGNUSON reviewed the law regarding this matter so that everyone will know the kind of restraints that have to be dealt with and the rules for such a situation. The zoning classification there is CA Business District and that filling stations are permitted as special uses within the ordinance as it is now written and when a use is permitted by a special use it has extra privileges as opposed to something that is not mentioned as permitted by special use permit - there is a greater burden on the Council to show that it will be dangerous or harmful before they can deny the permit. The Supreme Court has said a number of times that gasoline stations are not uses as per se, that is, they have charac- teristics that amount to nuisances so that they cannot be turned down just because they are gas stations. The objections of the neighbors standing alone is not sufficient reason to turn down a permit and if the Council sees fit to turn it down, they will have to find reasons demonstrated in the record over and above just the concerns of the neighbors and to state those reasons at the same time as they make their decision. These are things that the audience should keep in mind - that the municipalities have to operate under the rule of the law even though at certain times it is not pleasant to do this. There were questions raised about the allocation for this station and the applicant was unable to answer this question - to their knowledge there has not been an allocation made for this operation. RUDY LAUERMAN asked that the Council consider their feelings and desires since they are elected officials of the City and that they are not in favor and did not know what else they can do. He felt that the Council would have to take the attorney's counsel but that the Council also consider their feelings. THE MAYOR CLOSED THE HEARING. COUNCILMAN ROGER PETERSON moved that the permit for this gas station be granted because the City has not shown any harmful effects and also that the existence of this gas station would fall within the zoning as permitted by our City zoning. (There was no second to this motion) 149 0 0 • • • •( 50 June 17, 1980 COUNCILMAN HARRY PETERSON - in consideration of what I consider to be sub- stantial safety hazards with regard to the proposal that is before us and hopeful that the designers would come back with a new plan to establish a gasoline service area farther south from the present building. I move ttiat the request for this permit be denied. COUNCILWOMAN BODLOVICK seconded the motion. COUNCILMAN ROGER PETERSON did not feel that there is a hazard with the gas station here and the request falls within the zoning ordinance of the City of Stillwater and did not see how it could be turned down. COUNCILMAN POWELL stated that his biggest bone of contention was the fact that the traffic going south would have to turn onto Croixwood Boulevard and cross over and go into the station and he objected to that and Mr. Abraham- son also felt that it was unsafe. If a driveway was placed a little bit south of Croixwood Boulevard, then you could turn off of County Road 5, go to the filling station and then turn back on to it where the present exit is or somewhere there, then he could see a filling station there at that location. He did not really object to a gas station in the vicinity of Croixwood, but not at that location. COUNCILWOMAN BODLOVICK has seen congregation of children in this area and it is a place where they like to be. COUNCILMAN HARRY PETERSON stated with allowing only four kids in the store at one time, means that there are a lot of kids waiting to get in and this only adds to the hazards of the danger problems for kids that are likely riding around waiting to enter. He felt that the location of the pumps that are close to the building might not be in violation of the codes. VOTE ON THE MOTION - AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson and Powell NAYS -- Councilman Roger Peterson ABSTAINED - Mayor Junker (motion carried) MR. MAGNUSON asked that the Council members set forth their reasons for their denial COUNCILMAN POWELL - I have to disagree with Councilman Roger Pdterson -some 200 cars per day would be somewhat around ten cars per hour and I think they will do more because they say they are going to do 200 cars per day, they are not going to shut the tanks off after that so that is sort of a nebulous situation - you can't use that as a valid reason, and another thing is I can't remember in Stillwater seeing five or ten kids playing in a filling station - when you look downtown you rarely see kids riding their bicycles at Ogren s Myrtle and Main filling station or at the Sinclair Station, you rarely see kids in there playing with their (continued) COUNCILWOMAN BODLOVICK - my reason for denial is that there are way too many children that congregate around the store, not necessarily going in, but in the area in front of the store on bicycles and not walking children, I thought that was detrimental to increasing the business or adding gas pumps to that situation. I do not feel that there was enough adequate space between where the bicycle and car traffic would be going to the store and the gas pumps. COUNCILMAN HARRY PETERSON - I would repeat what Ann has said regarding the traffic and the kinds in the area - I think that we have a concentration of those who are unable to care for themselves and possibly being endangered by the traffic that will go into gas pumps. I repeat my concerns for the location of the pumps in close proximity to the store itself and the entrance. I certainly would be supportive of the plan to establish a gasoline filling station some 100 feet or more south of the store - that is south of the present location that is planned. I think that a we have got a problem here of acknowledging the right to expand the commercial area - I think that the gasoline service may be needed there but not in the *-- particular location that was presented to us. COUNCILMAN ROGER PETERSON - I voted in the negative of the motion, Mr. Mayor and my reasons for doing that - No. 1 - would be that the request falls within the City's Zoning Ordinance at the present time It is a legitimate request - it falls within the zoning and it has no basis for denial on that aspect. As far as the children are concerned, there are children congregating out there, but there are many more children congregating in many, many more areas within town without a hazard, many of which would be downtown Stillwater, Art's. South Fourth and Church- ill, many other areas in town that have many more children congregating without any hazard. The traffic problem that was alluded to earlier in the other hearings there has been testimony indicating that 14,000 a day use of County Road Five. The proposers of this station indicated that they might service 200 cars - I don't think by adding 200 cars a day at maximum and making the traffic 14,200 would pose any traffic problem whatsoever, regardless of whether they are turning or not turning. Many of the 200 cars would be part of that 14,000 anyway. I don't think that you are adding anything to the traffic problem whatsoever. • • • • • • • s li fp c bicycles. My main concern is that the number of cars that stop for the stop sign when they are on Croixwood Boulevard and there will be a backup of traffic and a conflict there and it is quite bad in the winter time Wally Abrahamson agreed with me when I mentioned that because we both live out there and we know what it is like - you can go early in the morning and you could be the first one up to the stop sign - you go between 7 and 7:30 there are always cars there and if a car wants to swing in there, it is going to have to "buck" that traffic and I would rather see it go to the south - that is my reason. 2. This was the day and time for the public hearing on Case No. 386 for a variance for a garage for Paul Holmberg, 320 North Fourth Street. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on June 6, 1980 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing MR. HOLMBERG presented his plan to the Council which they viewed at this time. No one spoke in favor or opposed to the variance, although some of them were in attendance. The Mayor closed the hearing On motion of Councilwoman Bodlovick, seconded by Councilman Harry Peterson, the Council followed the recommendation of the Planning Commission and granted a variance to Paul Holmberg, 320 North Fourth Street for a garage in front of his existing building. (all in favor) UNFINISHED BUSINESS 1. This was the day and time for the bid opening for One Pumper Apparatus for the Fire Department. The advertisement for bids appeared in the Stillwater Evening Gazette, the official newspaper of the City on June 12, 1980. The following bids were opened. Bid No. 1 Bid No. 2 Bid No. 3 Bid No. 4 Bid No. 5 Fireap Associates, Inc. P. 0. Box 660 Rochester, Mn. 55901 Bid Bond Total Bid Mid - Central Fire, Inc. 6221 Creek Valley Rd. Edina, Mn. 55435 Bid Bond Total Bid Pierce Mfg., Inc. P. 0. Bo:: 2017 Appleton, Wis. 54913 Bid Bond Total Bid June 17, 1980 MAYOR JUNRER DECLARED A RECESS FROM 8:25 TO 8:35 P. M. General Safety Equipment Corp. 550 - 8th Avenue North Branch, Mn. 55056 Bid Bond Total Bid Howe Fire Apparatus Co., Inc. P. O. Box 2357 Anderson, Indiana 46011 Bid Bond Total Bid $82,106.00 $87,500.00 $89,898.00 $85,000.00 $83,527.00 On motion of Councilman Powell, seconded by Councilwoman Bodlovick, these bids were referred to the City Attorney and the Fire Chief for their study and recommendation. (all in favor) 151 • • e • • 1 • • 152 June 17, 1980 2. On motion of Councilwoman Bodlovick, seconded by Councilman Powell, the City Attorney made the second reading of an ordinance entitled "AN ORDINANCE TO AMEND STILLWATER CITY CODE, SECTION 29.07, SUBDIVISION 4. OF CHAPTER 29 SEWERS ". The ordinance was read section by section followed by roll call after each section and all members of the Council voted in the affirmative. The chair then put the question, "Shall this ordinance pass ?" and on roll call the ord- inance was unanimously adopted. 3. The matter of the Leitte Plat was laid over until a future meeting at the recommendation of the City Attorney. 4. FIREMEN'S BY -LAWS FOR THE. RELIEF ASSOCIATION COUNCILWOMAN BODLOVICK explained the session at the League Convention on this matter and with the new State Law that no matter what a City presently has, what- ever they agree to is binding on any future council and City officials on what action is taken today or whatever is in effect today. COUNCILMAN POWELL stated that they had samplings of what other communities are doing - Stillwater is quite high - there is one that was $175 per year and you would not participate in the pension plan until you had served 20 years - there was another one that gave $100 per year - there was another one $400 per year - there was one that gave $80 per month for life - there was one that gave $1,000 per ye_ - there were only two higher than Stillwater. COUNCILMAN HARRY PETERSON questioned where these funds come from and MR. KRIESEL stated that it comes from two percent tax on the insurance premiums and the additionalanount is from the interest earned on the balance in the fund. MR. PETERSON asked what would happen if all members in the Relief Associa- tion were to quit and apply for whatever they have coming in the way of money from this fund, is there enough money to pay off all of these claims and MR. KRIESEL responded with the figures that he has worked up and the cost would be $181,800. The amount in the fund is $242,000 at the beginning of the year and it is projected that the State Aid of $18,000 and interest on the investments of $14,000 - that would bring it up to an estimated total of $274,942. COUNCILMAN HARRY PETERSON asked what assurance does the City have that this premium tax will continue into the future as long as the City has an obligation to this fund and MR. KRIESEL stated that the City has no control - if the legislature makes a change, the tax could be taken off. MR. STEVENSEN explained some of the benefits that are currently paid out of this fund and some that will be paid when they are of the eligible age. He also explained what their requests were and the amounts that the City would have had to contribute based on their various amounts - at $1,000 the City would have had to put in about $4,200 and at $900 they are accurally sound where they had about a $7,000 buffer and now they are asking for the $800 and the new accural study will be coming up within the next month, and this can be re- negotiated each year. There was discussion about the Minneapolis pension plan and the funding problems that they are having sieh same, and that this is an entirely different program. In Stillwater both the volunteers and the paid people are members of this Pension Fund and there is a bill in the legislature to take the paid people out, as of last year. COUNCILMAN HARRY PETERSON asked about the Association coming back in August asking for a further increase and MR. STEVENSEN explained that the auditors have asked the question what they are going to do with the excess money - the money is set aside for retirement for these people and if it is not used for that and that $800 over 20 years you are talking $16,000 - basically it is covering the volunteer people or they get sick or if they get injured and they had some that have gotten injured and still are able to work. Questions were raised about other benefits for these Volunteers such as Worker's Compensation and this is the only incentive that they have to keep a man for 20 years in the Volunteers - since last year they have been given an hourly rate but up to that time they got a flat $30 per month. Their retirment currently is $12,000. COUNCILMAN HARRY PETERSON did not feel that the City has to spend or commit money just becuase it is there - he felt that we have to realize that this money has to come from some place - if the tax is too high because we have all this surplus, then the tax should be reduced - he is not opposed to making adjustments periodically on the basis of new data but he does not support that you automatically apply every adjustment for the entire period of a man's service - he felt that it wouldbe quite appropriate for the Council to consider the rational of adopting an adjustment that says that the $500 shall be the credit earned for his years of service through 1979 and $800 per year will be the amount that he will accrue from 1980 thereon and then in two years hence they can go to a $1,000 - he did not see total retro- activity as being justified here merely because the money is there. 0 a it e • • • • June 17, 1980 15 ra• r MR. STEVENSEN stated that this would only amount to about $2,000, or $4,000 and this is for those who worked for practically nothing 20 years ago. COUNCILMAN POWELL brought up facts about the volunteers prior to the days when there was a pension plan. MR. MAGNUSON stated that the legislature established some criteria regarding the minimum average amount of financing available per firefighter - in our case it was $480 and then they say the maximum lump sum service pension payable for each year of service if $1,000 - they set maximum limits and this and other regulations for the Fire Relief Association has been changed all along. The reason that they adopted it this way is to avoid continual changes in the law - continually allowing small Relief Associations to lobby for laws. Councilwoman Bodlovick moved that the City retain the $600 as it is and come August if they come up with a different figure that they would look at it at a later date. (There was no second to this motion). COUNCILMAN HARRY PETERSON moved that the By -Laws as drafted by the Firemen's Relief Association be adopted or approved by the Council with the following exceptions: ARTICLE IX Death Benefits and Pensions Section 2. The association shall pay to each member who shall have served achely in the Stillwater Fire Department for a period of 20 years or more prior to his resignation from said Fire Deparmtment, and who has reached the age of 50 years, and who has been a member of the association for at least 10 years, the sum of $600.00 for each year that he has served as an active member of said Fire Department through his employment anniversary date in 1979, and $800.00 for each full year of active service thereafter. In no event shall lump sum service pension exceed the sum of $24,000.00. Section 3. If a member of the association shall have served in the Stillwater Fire Department for at least 20 years, but has not reached the age of 50 years, he may retire from said Fire Department and be placed on the deferred pension roll. When he reaches the age of 50 years, and provided that at that time he has been a member of the association for at least 10 years he shall be paid the sum of $600.00 for each year that he served as an active member of said Fire Department through his employment anniversary date in 1979, and $800.00 for each full year of active service thereafrer. During the time that any member is on the deferred pension roll, he shall continue to pay his dues, and he will not be eligible to receive any of the benefits provided for in Article VIII. COUNCILMANWOMAN BODLOVICK seconded the motion. (all in favor) COUNCILMAN POWELL brought up the matter of the Council interviewing the applicants for the volunteers and Mr. Stevensen agreed to bring this matter up at the next meeting for a change in those by -laws which are separate from the by -laws con- sidered this evening 5. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the City Attorney made the second reading of an ordinance entitled "AN ORDINANCE AMENDING STILLWATER CITY CODE CHAPTER 33, SUB. 4 (2) (a), BUILDING CODE" Ordinance No. 586. The ordinance was read section by section followed by roll call after each section and all members of the Council voted in the affirmative. The chair then put the question, "Shall this ordinance pass ?" and on roll call the ordinance was unanimously adopted. INDIVIDUALS & DELEGATIONS MR. CALDWELL presented to the City Council a petition for public improvements on Curve Crest Blvd. in the Feely Plat. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, a resolution was introduced "ACCEPTING THE PETITION AND ORDERING THE FEASIBILITY STUDY FOR CURVE CREST BLVD. IN THE FEELY PLAT ". AYES -- Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson, Powell and Mayor Dunker NAYS - -None (see resolutions) NEW BUSINESS 1. On motion of Councilman Harry Peterson, seconded by Councilwoman Bodlovick, the following Beer Permits were granted: (five for consumption and one for sale) (all in favor) St. Paul Clock & Globe Club (Sue Miller) Friday, July 11, 1980 - Lowell Park - 6:00 to 7:30 P. M. Block Party (Carol Murray) Saturday, July 19, 1980 - Pioneer Park - 2:00 P. M. to 8:30 P. M. (continued • • • • • 1 • 454 Post Office Employees - Croixwood 7th Addition Park - Sunday, 1:00 to 3:30 P. M. Employees of Linden Home (Mary Kuehn), Friday, June 27, 1980 4:00 to 9:00 P. M. Vittorios Softball Team - Lily Lake Park - August 8 -10, 1980 - Agnes Patterson, Pioneer Park, July 1, 1980 - 6:00 to 8:30 P. Picnic 2. On motion of Councilman Harry Peterson, seconded by Councilman Powell, the Council directed that the claim from William R. Sieben in behalf of John Cramer for a fall at Vitorrio's be sent to the City's insurance carrier. (all in favor) 3. On motion of Councilwoman Bodlovick, seconded by Councilman Powell, the date of July 15, 1980 was set for the following Planning Commission cases: Case No. 387 - Special Use Permit - Automotive Repair - James P. Wilberg, 122 S. Greeley Case No. 388 - Special Use Permit - Real Estate Office, Dan Grogan, 805 West Orleans (all in favor) 4. On motion of Councilman Harry Peterson, seconded by Councilwoman Bodlovick, a resolution was introduced AUTHORIZING THE CITY STAFF TO COOPERATE WITH THE STATE OF MINNESOTA ON A PEDESTRIAN ACCIDENT SURVEY ". AYES -- Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 5. On motion of Councilwoman Bodlovick, seconded by Councilman Harry Peterson, the Mayor and the City Clerk were authorized to sign the Change Order No. 1 for Local Improvement No. 152 for the utilities for Lux's Meadowview Addition. (all in favor) 6. On motion of Councilman Powell, seconded by Councilman Roger Peterson, the Council approved a Beer Permit for the Stillwater Lions Club for July 22, 1980 for Pioneer Park from 6:00 to 9:00 P. M. (all in favor) 7. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, a resolution was introduced "DIRECTING THE PAYMENT OF BILLS ". AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson, Powell and Mayor Junker NAYS- -None (see resolutions) INDIVIDUALS & DELEGATIONS (continued) None June 17, 1980 APPLICATIONS On motion of Councilman Powell, seconded by Councilman Roger Peterson, the following Contractor's Licenses were approved: (all in favor) Big Bear Construction 775 Colorado Avenue South, Minneapolis Clark Hone Improvement, Inc. 659 Queenan Ave. N., Lakeland Custom Drywall 321 Burgess St., St. Paul 55117 Dependon Construction P. 0. Box 3147, St. Paul 55165 Roger Constructikn 1061 - 109th Ave. N., Blaine 55434 LaRoche & Dau 9161 Jeffrey Blvd. N., Stillwater Nanook of the North 4973 Goodwin, North St. Paul 55109 John L. & Allen Peterson R. R. #2, New Richmond 54017 (continued) General General Plastering, Etc. Roofing General General General Roofing & Siding June 22, 1980 - - Pioneer Park - sale of beer M. - Family New Renewal Renewal New New Renewal Renewal Renewal ei to v a • • • • • IF • 1 n June 17, 1980 Michael J. Raleight Trucking P. 0. Box 261, Stillwater General dba Richard E. Weinhold / Aluminum Window & Door Mart 2633 Stillwater Rd., Maplewood General - - -On motion of Councilman Powell, seconeed by Councilman Harry Peterson, the following 3.2 Beer License was approved: (all in favor) Mark Campbell - River Valley Racquetball Club 1826 Northwestern Avenue, Stillwater New - - -On motion of Councilwoman Bodlovick, seconded by Councilman Harry Peterson, the following gambling license was approved: (all in favor) American Legion Club 103 South Third Street, Stillwater New COMMUNICATIONS None Renewal Renewal CONSULTING ENGINEER'S REPORT (continued) ( MR. ELLIOTT reported further on the pipe on Pine Tree Trail by the Jack Nelson property - On motion of Councilman Powell, seconded by Councilman Roger Peterson, the Council directed Mr. Elliott to contact Norris Swager about paying about one third of the cost of this improvement and the Board of Water Commissioners to pay two- thirds of the total cost of about $7,500. (all in favor) COMMITTEE REPORTS (continued) CITY COORDINATOR 1. On motion of Councilman Powell, seconded by Councilman Harry Peterson, Mr. Kriesel was directed to advertise for bids for the painting of the Ice Arena said bids to be returnable on July 14, 1980 at 11:00 A. M. (all in favor) 2. On motion of Councilman Powell, seconded by CounciWoman Bodlovick, Short - Elliott- Hendrickson Associates were authorized to draw the specs for the dehumidification system for the Ice Arena and Mr. Kriesel was directed to advertise for bids for same to be returnable on July 14, 1980 at 11:00 A. M. (all in favor) 3. Mr. Kriesel brought to the Council's attention the drainage problem at the Krueger residence at Fifth and Olive Streets and Mayor Junker and Mr. Kriesel will check with Mr. Gary Hanson about putting in some kind of curbing at the end of his property. CITY ATTORNEY'S REPORT 1. Mr. Magnuson informed the Council that an June 23, 1980 there will be the deliberation meeting at the Minnesota Municipal Board and hopefully they will decide the Johnson Annexation at that time. 2. On motion of Councilman Roger Peterson, seconded by Councilman Powell, the Mayor and the City Clerk were authorized to sign the "Deed of Temporary Easement" between the Board of Water Commissioners (City of Stillwater) and the Ascension Episcopal Church. (all in favor) 3. Mr. Magnuson was directed to find the minutes relating to the Ogren condemnation appraisal before the Council will make a decision on this matter. COUNCIL REQUEST ITEMS 1. On motion of Councilwoman Bodlovick, seconded by Councilman Powell, a resolution was introduced "COMMENDING JIM MC LAUGHLIN FOR THIS ACTIVITIES ". AYES -- Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 15` • / • • 1 • 156 2. COUNCILMAN HARRY PETERSON requested that he be supplied with a complete copy of the Joint Powers Agreement, Resolution and By -laws on the Orderly Annexation, and the Orderly Annexation Agreement. 3. Questions were raised as to who pays for the staff for the Joint Powers and Mr. Magnuson stated that it is possible the Council will have to think about some paid staff for this committee. 4. MAYOR JUNKER requested that the hours for the Beer Permit for the Jaycees for July 4th be changed from 6:00 P. M. to 10:30 P. M. On motion of Councilman Harry Peterson, seconded by Councilman Powell, the Council authorized the change in the hours for the Beer Permit for the Jaycees for July 4th to 6:00 P. M. to 10:30 P. M. (all in favor) 5. COUNCILWOMAN BODLOVICK brought up the matter of the letter from Pastor Johns regarding the walkway connection between the Hi -Rise and the Trinity Church. (No action was taken at this time) APPROVAL OF MINUTES On motion of Councilwoman Bodlovick, seconded by Councilman Powell, minutes of the following meetings were approved: (all in favor) May 20, 1980 June 3, 1980 ORDINANCES Second Reading - Ordinance No. 586 - Ordinance No. 587 RESOLUTIONS The following resolutions were read and on roll call were unanimously adopted: 1. Directing the Payment of the Bills. 2. Cooperation of the City Staff on the Pedestrian Accident Survey 3. Accepting the Petition and Ordering the Feasibility Study for the the Improvements for the Feely Plat. 4. * Commending Jim McLaughlin *Not Published June 17, 1980 Regular Meeting Recessed Meeting Regular Meeting 4:00 P. M. 7:30 P. M. 7:30 P. M. ADJOURNMENT On motion of Councilman Roger Peterson, seconded by Councilman Powell, the meeting adjourned at 9:55 P. M. Attest: _,E City Clerk Mayor • • • • 1 p