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HomeMy WebLinkAbout1981-02-17 CC MIN• • • n igh cti COUNCIL CHAMBERS Stillwater, Minnesota REGULAR MEETING The meeting was called to order by Mayor Junker. Present: Councilwomen Avise, and Bodlovick, Councilmen MacDonald, Peterson and Mayor Junker Absent: None Also Present: Press: None Citizens: Four Bidders Finance Director- Coordinator, Kriesel; City Clerk, Schnell; City Attorney, Magnuson; Superintendent of Public Works, Shelton; Public Safety Director, Abrahamson; Director of Parks & Recreation, Blekum; Consulting Engineer, Moore; Building Official, Zepper BID OPENING This was the day and tine set to open bids on One - 10,000 GVW Single Axel Dump Truck for the Parks Department. The advertisement for bids was published in the Stillwater Evening Gazette, the official newspaper of the City on January 30, 1981. The following bids were then opened and read aloud: BIDDER BID BOND BID PRI(E #1 - Trail Dodge, Inc. x Total $12,380.85 4665 S. Robert Trail Trade In 1,200.00 Inver Grow Heights, Mt. Net Bid $11,180.BS #2 - Brookdale Ford x Total $11,730.00 2500 Casty X10 Ne In 9230.00 Minneapolis $ 9SL30.00 #3 - Stillwater Motor Co. x Total $12,394.00 Stillwater, Fir. 55082 Trade -In 3 400.00 Net $ 8,994.00 #4 - Danes Ford Personal Money Order Total $13,967.82 St. 54024 Nettle In 4,106.18 6 $ 961.ldi #5 - Charles Olson & Sons Void (Bid void since it only included 677 Transfer Rd. the accessories and no tnrk) St. Paul, Mt 55164 These bids were referred to Mr. Belem and the City Attorney for a recame datim this evening INDIVIDUALS AND DELEGATIONS Hone at this time OHffTIEE REPORTS February 17, 1981 4:00 P. M. BUILD= OFFICIAL 1. MR. 2EPPER explained to the Council the problems that he is having with Steve Olin with on apartment at 102 South Harriet in getting him to coaply with the codes for rental property and asked for Commit direction on this matter. Mt. MAGNUMM stated that the City could sue him or bring an injunction against him for being in violation of the codes. On motion of Councilwoman Bodlovick, seconded by Caxmilman Harry Peterson, the City Attorney was directed to file an injunction against Steve Olin stating that he is violation of the codes and that he should correct the hazards that exist. (all in favor) PUBLIC SAFETY. 1. MR. ABRNIAISCN remanded the Council that the authorized eiployment of Karla Ehlenz peter person could expire on March first and asked for Council direction on the matter. On notion of Councilwtea m Bodlovick, seconded by Cotamilwman Avise, the Cmxxil authorized the continuation of anploymatt until April 1, 1981 for meter person, Karla Ehlenz, and then they will make a detemdation at that time about the positicn. (all in favor) 343\ • • • • 4 1 • February 17, 1981 2. MR. ABR HP2SON asked the Council about the repairs for Engines 4, 6 and 8 since they are He ours directed having a lot of pie to shop and report get some quotes to have this work done at a heavy equipment repair s with theca bck t the Council. PUBLIC YESKS 1 MR. MELTON reported to the Council on a water line repaisubmitted he is r bill atd F db� and the cost by Thetas Palmer, 190 Northland Averse. The original was installed by as -half of this moan. to have it replaced was $275.00 and he is requesting that the City pay MR. NKNISON reported that the City did only costs three ree - seam to warranty and services we are in the yewidl against a ndhd did not feel that & notvfee. was the City ye for t he cattracts for this work. It is up to the Cancil to decide lni los8 sin f a t City the City wants to give these people and it was the mhrehsus that they will treat each of a teac claim h claim individually as it comes in. Bodlovick, the on notion of Councilmen Harry t et r hose by cU a% Bo Palmer, 190 ail Northland�orr� ter line replacement. ($137.50 - all in favor) PARK AND RECREATICH sign to rave the trees and grates in 1. MR. Bi170M asked the Council if he could have persds the sida�alks on Mirth Fourth Street and put some different trees on the inside edge of the sidewalks from the tree supply that he currently has and put in the sidewalk blocks. On motion of Councilman Harry Peterson, seconded by Camoilwmmn Bodlovirk, the Cancel authorized Mr. Blekm to remove the trees in the sidewalk an Mirth Four Street and wherever possible plant replacevett trees m the property inside sidewalk. (all in favor) 2. The Recreation emission had discussed at their most recent meeting the possibility of leasing Iollfner Park since they had a request from a Yacht Club that wnjd like to lease the land for outings for their embers. request was W. BUM has the received and will check specifications art aid get copies to in the past Men a the Co it an they � then proceed to advertise and take proposals• cleaned up and to try to negotitate with 3. There was discussion about Setting the Ample property him to get a higher figure for his lease. The Mayor will contact Mr. Aiple and discuss this matter with him and report back to the Council. 011SU.TUC IISIIFER'S REPORT, Me. Mlle repeated hat the feasibility study for the Oak Olen Development will be ready for the which next meeting ing whith will be March 3 1981- • an ATTORNEY'S REPORT Orth regarding t Mr. MOr h and Me use of th MR. MPQ4tE I reported that he was to meet with the Coastguard a Or t there ding t a the waterfront in Iaaell Park and to date this has not been possible, meeting wry shortly. CITY COORDINATOR'S REPORT C for the Cable T. V. 1. MR. MEWL explained same of the facts about the Joint Powers Agt� and the revenue .o the and the franchise fees that the City would realize from this operation, City after about fair years would be about $15,000 and the Mayor requested that the Canon could see a copy of the proposed agreement so that all are treated equal. MR. KRIESEL will continue to draft the Joint Powers Agreement and directed W. Magnuson to work with the City Attorneys of Oak Park Heights and Bayport on this. 2. MR. KRIESEI. Made reference to the Fire Ontracts with hips and t• mhmm:a man which accepanied then as to the rates that will be charged for the caning 3. W. KRIESEL asked the Coaoilfor direction regarding the AFSOln contract and the information tat he had sent then regarding their contract. representative and He was directed to present the offer to the employees and their with the p eh and an if bring their reaction back to the Comil, rather than hold a meeting wth. they do not accept it, then it will go to the mediation on February 4. MR. ((UMBEL briefed the Council on a suspension for Gordon Seim for three days sae years ago - Mr Seim has requested that this suspension be rescinded as he felt that it wasl have had the right to s cen e forth that felt ime that appeal it. happened so long ago that he • SOWN • '1 • • 4 • • • ort v February 17, 1981 The Council felt that the time lapse is so great that nothing should be done about it and W. ABRNIHBCM felt that the Council should meet with him individually and see what the problems are - he did have his chance for a hearing at that time. He stated that Mr. Seim is unhappy about this letter being in his personnel file and nothing was mentioned to him about money - he wanted the letter removed. On motion of Camcilman Harry Peterson, seceded by Cancilaaroan Bodlovick, the Council directed that if Mr. Gordon Seim wants this matter of his suspension considered by the Coavnll that he petition for a hearing and this will be discussed at that time and that a decision can be made after such a discussion. (all in favor) 5. MR. RRESEL informed the aomcil that the City has received a letter fern the Minnesota lkparonent of Public Welfare informing us that Dick Anderson had applied for a CRJ Rule 8 licensing for the 306 West Olive Street house - this world be a counseling program for females ages 16 to 18 years of age who do not have a very good home situation and they will be eouseled for job place ant and the average stay world be about six months. MR. AMMON feels that he still has a Conditional Use Permit to operate a facility under the DPW ruling at 306 West Olive Street and Mr. leers will be writing a letter to the City outlining what they are proposing there. There was discussion about this permit and MC. MM21ISOh1 stated that the Council did not remits this permit at 306 West Olive Street, so legally he still has a permit for this address, and also for the one m Myrtle Street. On motion of Caoaoilman Harry Peterson, seconded by Cancilse an Bodlovidc, the Council revoked Richard Anderson's permit for 306 West Olive Street - a letter is to be sett to the State and a copy to Mr. Anderson with the unferstnoding that he has the right to on back and petition for a new permit (all in favor) (Mayor Jauker did not indicate a vote on this motion) CITY CEIU('S REPORT 1. On notion of Q,incilwaman Bodlovick, seceded by Councilman Macllamld, the City Clerk was authorized to attend the City Cleric's seater at Brooklyn Park at a fee of $60.00 for the registration. (all in favor) 2. ah notion of Cost iC l not Harry Peterson, seconded by Qancilnlm Mac0oald, the Council directed that the claim from Mary Am Glaser, 15180 Upper 63rd Street be referred to the &Garry - Keszoey insurance Agency. (all in favor) 3. la City Clerk informed the Council that she has the Board of Water Camdssioner's Annual Report for 1980 and is available for the Council to inspect. ADJOU ?EYf - On imam of Coatcilwaan Bodiovick, seconded by Cotrmilman Harry Peterson, the meeting recessed at 5:35 P. M. until 7:30 P. M. Attest: .e J.t.,,,, . City'Q it 345) • Mayor • • • 0 a • 346 COUNCIL CHAMBERS Stillwater, Minnesota RECESSED MEETING The meeting was reconvened by Mayor Junket. The Invocation was given by the City Clerk. Present: Councilwomen Avise and Bodlovick, Councilmen MacDonald and Peterson Absent: None Also Present: Citizens: PETT_TIONS None February 17, 1981 7:30 P. M. Finance Director /Coordinator, Kriesel; City Clerk, Schnell; City Attorney, Magnuson, Director of Parks & Recreation, Blekum; Consulting Engineer, Moore Press: Free Press - Julie Edstrom Bud Kern, Neal Skinner, Bill Pauley, Jim Gannon, Frank Aiple, Jr., Bruce Douglas, Tony Zeuli, Brian Cameron, Don Lessard, Larry Lee Victor Wilcox INDIVIDUALS & DELEGATIONS 1. MR. DON LESSARD, 204 South Third Street, appeared before the Council regarding a docking permit for his 30 foot boat at Lowell Park for the summer months. MR. MAGNUSON stated that the Coastguard is in the process of developing a policy for the waterfront and they are working with the sheriff's office on this - the Council has the right to regulate the wharfs and the docks by City Charter, but there is a problem with the exclusive permission - the charter boats have a non- exclusive permit for dockage. He suggested that this matter be tabled until the policy is established, and Mr. Lessard was directed to come back at the April 7th meeting. PUBLIC HEARING This was the day and time for the public hearing on Case No. 404 for a Special Use Permit for Frank Aiple, Jr. for an automotive repair shop for 224 West Linden Street. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City, on February 6, 1981 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. The Planning Commission granted this Special Use Permit on February 2, 1981. MR. AIPLE explained briefly his operation which will be only in the daytime hours from 8:00 to 9:00 to 5:00 P. M. and he personally got the signatures on the petition that he submitted stating that they are not opposed to this operation. The Mayor closed the hearing. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the Council granted a Special Use Permit to Frank Aiple, Jr., 224 West Linde Street for an automotive repair shop in his garage at this address which will be subject to review at the end of one year. (all in favor) UNFINISHED BUSINESS 1. STILLWATER INDUSTRIAL PARK MR. BRUCE DOUGLAS, representing Oscar Kern, Neal Skinner, Jim Torseth and Bill Pauley appeared before the Council regarding the proposed rezoning on connection with the Joint Powers Agreement. At the present time the Joint Powers is considering a modification of the zoning provisions that are applicable to his client's property. The modifications would split into two distinct land use zones of Industrial property. Under the City's zoning structure uses in one zone are also permitted in a higher level zone - under the proposal that is before the Joint Powers Committee this would • • • • k • • • • tJ February 17, 1981 not be the case - there would be two separate zoning structures within the same community if the change in the zoning is adopted. He was requesting that the Council not allow their representatives to vote in favor of this change. The lot sizes being proposed under this ordinance amendment which would vary between 24,000 square feet and two acres, but yet no study has been undertaken - no one has looked into the factual underlying basis upon which to determine whether two acre sites will in fact be the appropriate size for industrial growth in the future. One of the things that is provided in the Joint Powers Agreement is that if they don't get the unanimous vote that change does not occur which leaves his clients with the existing type of zoning that the City has elsewhere throughout this City. He felt that his clients are being asked to act as land banks - being asked to take their property and only develop it as heavy industrial property in part and that is not fair to them and it is not right. If that is what is occurring, then the City should be taking their property by condemnation, and awarding them monetary damages for what is happening. Who knows what will develop there in the future - there may never be heavy industrial developers that will come into the community - on the other hand there might be many light industrial developers that might like to come in. He felt that there are a lot of things that have not been considered in terms of facts, the Council should knw too his want within the community - they do not want to be forced to become a land bank without just compensation - they do not want their future flexibility of development limited. His client does not wish to see a split classification of industrial since it takes away his flexibility. COUNCILWOMAN BODLOVICK indicated that they are operating with County zoning ordinances out there with two classifications - Industrial and Commercial - and Mr. Douglas stated that the City operates with another set of zoning ordinances. If Kern wants to leave it Industrial and leave it as it is - she would have been happy six months ago. COUNCILMAN HARRY PETERSON scated that back in November they got a proposal from the Kerns and this is a cutout of this particular section - their proposal is that you take the area from Tower Drive to Curve Crest Blvd. and that one is Commercial. MR. DOUGLAS stated the Pauley group was asked specificially to come up with a counter - proposal and they would like that withdrawn, and that it so be considered. COUNCILMAN shopping enterY concerned bakeries, etc. out in that area - there is a need for small enough lots for small industrial activities - need jobs, we are not looking for a 3 -M plant out there - we are looking for the plant that employs 10 to 15 people - he is not going to continue to be an opponent to the expansion of Commercial venture out there - he will support Light Industrial as much as possible. MR. DOUGLAS stated that the two acre requirement has a tendency to limit the value to any developer who comes in to occupy that as a Light Industry - if they do not need a full two acres and yet they are by virtue of the economic realities of dealing in land that they do end up acquiring a two acre. parcel. COUNCILWOMAN BODLOVICK explaired how this all came about with the application from Ray Martin Plumbing which was denied through legal counsel. COUNCILWOMAN AVISE could not see any reason to make any changes until there are some confirmed facts and reasons to do so. BUD KERN stated that the pressure was put on by the Joint Posers on them to come up with a change and he said that they did not want to change - they wanted to leave it the way it was - the only reason that they brought this in was because they asked for a proposal. On motion of Councilwoman Avise, seconded by Councilman MacDonald, the representatives on the Joint Powers Commission were instructed to oppose the amendment for the zoning regulation changes in the Industrial Park. (all in favor) INDIVIDUALS & DELEGATIONS (continued) 2. MR. LARRY LEE, 2345 Rice Street (Yorktown, Ltd.), St. Paul - he is an Industrial and Commercial Developer and he is doing work in the northern suburbs of St. Paul and he has a request from Victor Wilcox to come into the City of Stillwater and put a roller skating rink in the Joint Powers Area and they are meeting with this commission tomorrow evening for the approval of the site plan - this will be located on Lot 7 of the Matt Hooley Addition. This would be adjacent to the west of the St. Croix Car Wash. They are requesting Industrial Revenue Bonds financing for this project and would like the Council to set a hearing for $525,000 Tax Exempt Issue. 34' • I I • • r 44 8 • -, • February 17, 1981 T On motion of Councilwoman Bodlovick, seconded by Councilman MacDonald, a resolution was introduced "SETTING THE HEARING DATE FOR THESE BONDS FOR MARCH 17, 1981 AT 7:30 P. M. FOR THE ROLLER SKATING RINK ". Ayes -- Councilwomen Avise and Bodlovick, Councilmen MacDonald and Peterson and Mayor Junker NAYS - -None (see resolutions) (The principals will be Tom Beckon, Larry Lee and Victor Wilcox) UNFINISHED BUSINESS 2. On motion of Councilwoman Bodlovick, seconded by Councilman Harry Peterson, the Council authorized the Mayor and the City Clerk to sign the Firefighters Union Contract for the years 1980 and 1981. (all in favor) 3. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, a resolution was introduced "AWARDING THE CONTRACT FOR THE THREE POLICE CARS TO BROOKDALE FORD AT A BID PRICE OF $20,250." AYES -- Councilwomen Avise and Bodlovick, Councilman Peterson and Mayor Junker NAYS -- Councilman MacDonald. (see resolutions) 4. On motion of Councilwoman Bodlovick, seconded by Councilman MacDonald, a resolutiin was introduced "AWARDING THE BID FOR THE TRUCK FOR THE PARKS DEPARTMENT TO THE STILLWATER MOTOR CO. AT A BID PRICE OF $8,994.00" AYES -- Councilwoman Avise and Bodlovick, Councilmen MacDonald and Peterson and Mayor Junker NAYS - -None (see resolutions) NEW BUSINESS 1. On motion of Councilman Harry Peterson, seconded by Councilman MacDonald, the Council approved a Beer Permit for the St. Paul TVI Family Picnic at Pioneer Park for Friday, May 29, 1981 from Noon to 8:00 P. M. (all in favor) 2. On motion of Councilwoman Bodlovick, seconded by Councilman MacDonald, the Council authorized the Mayor and the City Clerk to sign the Fire Contracts with the three Townships as presented. (all in favor) 3. On motion of Councilwoman Bodlovick, seconded by Councilman Peterson, a resolution was introduced 'DIRECTING THE PAYMENT OF THE BILLS ". AYES -- Councilwomen Avise and Bodlovick, Councilmen MacDonald and Peterson and Mayor Junker NAYS - -None (see resolutions) INDIVIDUALS AND DELEGATIONS (continued) None at this time APPLICATIONS - - -On motion of Councilwoman Bodlovick, seconded by Councilman Harry Peterson, the following Contractor's Licenses were approved: (all in favor) Capp Homes, Inc. 3355 Hiawatha, Minneapolis 55406 General Renewal Philip L. Nelson R. R., P. 0. Box 616,Baldwin, Wisconsin 54002 General New - - -On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the Council approved a Gambling License for the American Legion Club, 103 South Third Street. (all in favor) COMMUNICATIONS From Gerald T. Beall regarding installation of a pedestrian light - Highway 95 at the Railroad Viaduct. On motion of Councilman Harry Peterson, seconded by Councilman MacDonald, this matter was referred to the Public Works Department to take this to the Highway Department and report back to the Council. (all in favor) • • • • • ISO February 17, 1981 COMMITTEE REPORTS (continued) On motion of Councilman Harry Peterson, seconded by Councilwoman Bodlovick, the Council approved the payment of $50.00 to Dick Colemier for his work on the new computer system. (all in favor) (This will be added to the Bills Resolution) APPROVAL OF MINUTES On motion of Councilman Harry Peterson, seconded by Councilwoman Bodlovick, minutes of the following meetings were approved: (all in favor) January 6, 1981 January 6, 1981 January 12, 1981 January 20, 1981 January 20, 1981 February 3, 1981 COUNCIL REOUEST ITEMS None QUESTIONS FROM PRESS REPRESENTATIVES. None Regular Maeda; Adjourned Meeting Special Meeting Regular Meeting Recessed Meeting Regular Meeting 7:30 P. M. 7:45 P. M. 4:00 P. M. 4:00 P. M. 7:30 P. M. 7:30 P. M. MISCELLANEOUS MAYOR JUNRER recognized two Eagle Scouts who were in attendance at this meeting for a Merit Badge - Tony Zeuli and Brian Cameron ORDINANCES None RESOLUTIONS . The following resolutions were read and on roll call were adopted: 1. Directing the Payment of the Bills. 2. Industrial Bonding Hearing for the Roller Skating Rink 3. Awarding the Bid for the Three Police Cars - Brookdale Ford (Councilman MacDonald opposed) 4. Awarding the Bid for the Truck for the Parks Department (Stillwater Motor Co.) ADJOURNMENT On motion of Councilwoman Bodlovick, seconded by Councilman MacDonald, the neeting adjourned at 8:35 P. M. Attest:_-. /Q ��" J City Clerk Mayor 34� • • •