Loading...
HomeMy WebLinkAbout1981-03-03 CC MIN• t350 • COUNCIL CHAMBE Stillwater, Minnesota March 3, 1981 7:30 P. M. REGULAR MEETING The meeting was called to order by President Junker. The Invocation was given by the City Clerk. Present: Councilwomen Anise i Mayor Bodiovick, Councilmen MacDonald and Absent: None Also Present: Finance Director /Coordinator, Kriegel; City Clerk, Schnell; City Attorney, Magnuson, Superintendent of Public Works. Shelton; Public Safety Director, Abrahamson; Director of Parks and Recreation, Blekum; Consulting Engineers, Elliott and Moore Press: Citizens: St. Paul Dispatch - Broede Free Press - Edstrom Lyle Eckberg, Bob Boettcher, Mary Luth, Jack Evert, Tom Cropp, Dave Johnson, Don Raleigh, Bruce Folz, Mr. & Mrs. Richard Anderson, Jim Lammers, Dick Johnson, Dave Roseau, Bob Lyon, David Shaw and several members of the Stillwater Ambulance Service. INDIVIDUALS AND DELEGATIONS, 1. BOB BOETTCHER, Valley Chamber Chorale, appeared before the City Council requesting funding for their concert to be held in Pioneer Park this year - they draw excellent crowds for their concerts and many of them do come from other communities in the Metro area. The cost of this concert would be about $600, and they have received funds from the City in the past. This would be for two evenings - a weekend concert. On motion of Councilwoman Bodlovick, seconded by Councilman MacDonald, the Council authorized $150.00at7 thefValley Chamber Chorale for this concert in Pioneer Park. 2. JACK EVERT, appeared before the Council regarding a drainage problem on a lot by Lily Lake at Grove and Pine Streets (Nutting property) - he was requesting that the City do something about correcting the drainage in this area which goes over the surface of the lot that he proposes to build a home on in this area. (He used the overhead projector to explained the problem in detail.) MR. ELLIOTT stated that the catch basin at Owen and Pine is still on the sanitary preceded aastormesewer - when thereecouldebeisomeptypedofninterimrsolution should be to this problem. MAYOR Moom onUthis that Mt. Evert back to he Council Mr. meeting. and Mr. PUBLIC HEARINGS This was the day and time for the public hearing on Case No. 402 for Erickson Post, Inc. for a Special Use Permit for a filling station at County Road No. 5 and West Orleans Street. Notice of the hearing was published in the Stillwater Evening Gazette, the officials 18, 1981 and copies were mailed to all property s er within 300 feet. The Mayor opened the hearing. MR. LYLE ECKBERG, representing Erickson Post, appeared before the Council on this request and distributed to the Council the layout for this proposed service station which is located on the Emerson Property, which is zoned 4- Residential - Single Family. BOB LYON, 1015 Parkwood Lane, was concerned about the need for a gas station in this particular area - there are currently two there now and he has not seen any lines at either of them - his primary interest was the drainage from this land - could put more water into the pond behind his property on the west side of County Road No. 5. • • • 1 March 3, 1981 MR. ELLIOTT explained that he could not see a drainage problem here since this all drains to the south of this property where the station will be located - he explained exactly where all of this drainage currently goes and where it will continue to go in the future to Long Lake. He did agree that there are two low spots on the east side of County Road No. 5. DAVID SHAW, 1019 Parkwood Lane, also questioned the need for this service station in this particular area, and he supported some of the things that Mr. Lyon had stated. BOB LYON. asked what the long range plans are for this area - would it become a retail corridor and he was informed that it is zoned "single family ". MR. ELLIOTT stated that the land is not platted and it will have to be conveyed as meets and bounds. MR. MAGNUSON stated that part of this property is bounded on the south edge by Orleans Street (63rd Street) and that the City does not have the deed that is needed for this corner piece from Mr. Emerson, so one of the conditions that he would like the Council to make is that he convey the needed right -of -way - it is already located there and it is just a sliver - this would put a slight curve in this street so that it would intersect with County 5 with no less than an 85 degree anble and Mr. Elliott also agreed also that this conveyance should be made before this if finalized, and Bruce Folz has the drawings of this. MR. ECKBERG stated that this should not create a problem, but he was not aware of this. They are acquiring the whole two acres and they have not made any plans for the balance of the property, and the filling station would take up about one- half of that. The Planning Commission approved the request on February 2, 1981. The Mayor closed the hearing. On motion of Councilwoman Bodlovick, seconded by Councilman MacDonald, the Council folloyed the recommendation of the Planning Commission to grant a Special Use Permit to Erickson Post for a gas station for the piede of property that the station will cover with the signed documents for the conveyance of the right -of- way for Orleans Street to the City. (all in favor) INDIVIDUALS AND DELEGATIONS - continued MARY LUTH, Director of the Washington Community Health Services, appeared before the Council with other members of her staff, including Dave Rosseau, presenting the Advanced Life Support concept that the Washington County Board has heard from the EMS Council and asking for input from local governing bodies. This would be the feasibility of developing a county wide Advanced Life Support System. There would be no financial support from the City. MR. DAVID ROSSEAU presented part of this program also indicating the proposed locations of these Advanced Life Support Systems. COUNCILWOMAN BODLOVICK felt that she could not justify supporting such a system for the City if it were to be located in Lake Elmo - she felt that the Council should have some time to discuss and consider this before making any decision on this matter. CHIEF ABRAHAMSON asked about the local hospital's involvement in this program and the communications system between them and the doctors and the availability of such systems or range and the response was that there is not capacity in Washington County for this but should be by the time that this program would be implemented. There were questions about mutual aid systems and duplication of services with both of these services with Basic Life and Advanced Life Support and who would deliver the services and this has not been resolved to this point. TOM CROPP indicated that he supports this program but was not notified of this meeting or the other meetings - it would be a dual response system and unheard of situation - MAYOR JUNKER asked that there be a special meeting with the County and these people and Mr. Cropp and discuss this matter - and other interested parties at some future date. THE MAYOR DELCARED A RECESS FROM 8:35 TO 8:45 P. M. 351 • • • • 352 • March 3, 1981 UNFINISHED BUSINESS 1. SPECIAL USE PERMIT FOR RICHARD ANDERSON AT 306 WEST OLIVE STREET. JAMES LAMMERS appeared in behalf of his client regarding the Special Use Permit for their home as a "residential facility" for ten female residents ages 16 to 18 years who are in need of a home - they cannot have any chemical problems and emotional problems and they will either go to school or some type of job training program. He reviewed the past history of the previous use of this home and the Council's action to approved a Special Use Permit for a home for sheltered juveniles on Myrtle Street which was approved on September 30, 1980. Then at the February 17th, 1981 meeting the Council revoked the Special Use Permit for 306 West Olive Street and he was requesting that the Council rescind that action and grant the Special Use Permit for the home at 306 West Olive Street. On September 30th they were not requesting a transfer of the license from 306 West Olive Street to Myrtle Street, but they were requesting the issuance of a new license; and they made the commitment at that time that in the event that permit was granted for the Myrtle Street facility, that the Olive Street facility would no longer be used as a short term shelter for juveniles - at that time neither he or the Amdersons knew what they wanted to do with 306 West Olive Street house - the County brought about a need for some type of facility for some girls for a long term place for residence - the State indicated that they would take care of the contract as that was their job under the Statutes and their regulations and they did write a letter and there was not good communicaton for their proposal - the Council does have the right to impose restrictions regarding the health and safety of the residents - COUNCILMAN HARRY PETERSON asked if the neighbors are aware of the change complexion of the residents from the short term youth to the longer term young female clientele and is there a need for a hearing for the residents in the area. Questions were raised about the classification of this home - the one on Myrtle Street is a short term emergency shetler (kids with real problems, drugs, etc.) not to exceed thirty days - the new program is a long term residency or boarding type of facility. MR. LAMMERS stated that the confusion has arisen from the type of communization that was sent out by the State on this matter - the Council should have been notified of the change in status as the facility is still licensed for a "residential facility" under the State. They have no objection to an information hearing with the neighbors on this matter. MR. MAGNUSON stated that the states are a little different with regard to the second home - that in no event shall the State license two homes within 1,325 feet unless there is a Special Use Permit from the City - the residential facility is the same as the shelter home - it is a test on the second home - it is not just something for the safety of the residents - MR. LAMMERS stated that they are not requesting a transfer of the license from Olive to Myrtle, but they are requesting a new license for the Olive Street facility. The Council indicated that it was their impression back in September that they felt that they were transferring the license from Olive Street to Myrtle Street and this actually was not the case - Olive Street was no longer to be used as an emergency shelter for problem juveniles. MR. LAMMERS asked that the Council re- instate the Special Use Permit for the Olive Street residence - no problem with an information hearing and they will be willing to abide by any special conditions that the Council would want to put on this permit. This would actually be a Conditional Use Permit since it is within `he 1,300 feet. MR. MAGNUSON = this would be a simple matter if it was one home - we have very little to say about it - the statute says that it is a permitted use in a multi- family district except where the conditions are imposed upon it - the same thing is true with the second home except that there is another sentence in the statute that requires that no license be issued unless the City gives permission - in no event shall the commissioner duly license any residential facility if it be within 1,320 feet of the existing facility without the permission of the City - in fact wha: the City did in giving the second house a license without revoking the first could ve considered stupid - was the revocation of the first permit lawful which was taken without notifying Mr. Anderson - there is some question whether that was legal. On motion of Councilman Harry Peterson, seconded by Councilman MacDonald, the Council restored the Special Use Permit for the Olive Street property for Richard Anderson subject to review in six months. DISCUSSION- Councilwoman Avise asked to amend the motion to have an informational hearing - she felt that it is important that the neighbors know what is happening and how the home is being used. • • • • 1 • ss• r March 3, 1981 COUNCILMAN MAC DONALD withdrew his second and COUNCILMAN HARRY PETERSON withdrew his motion. COUNCILMAN HARRY PETERSON moved that the Special Use Permit revocation that took place several weeks ago be overturned or revoked and that the Special Use Permit be restored for the Olive Street property for Ciahrd Anderson subject to a hearing two weeks hence (the next meeting) to give the neighbors an opportunity to come in and be given an explanation of what the property is going to be used for. (Councilman Harry Peterson withdrew this motion after some discussion on this matter) COUNCILMAN HARRY PETERSON moved that the Special Use Permit for the Olive Street residence for Richard Anderson be re- instated. COUNCILMAN MAC DONALD seconded the motion. AYES -- Councilwoman Avise, Councilmen MacDonald and Peterson NAYS -- Councilwoman Bodlovick ABSTAINED - Mayor Junker (motion carried) (The info :national hearing will be held on March 17, 1981) 2. On motion of Councilwoman Bodlovick, seconded by Councilman MacDonald, a resolution was introduced "APPOINTING A RESPONSIBLE AUTHORITY AND ASSIGNING DUTIES" (Nile Kriesel is to be the responsible authority - repass of an earlier resolution with some chantes in the law). AYES -- Councilwomen Avise and Bodlovick, Councilmen MacDonald and Peterson Mayor Junker NAYS - -None (see resolutions) NEW BUSINESS 1. On motion of Councilman Harry Peterson, seconded by Councilwoman Bodlovick, the claim of an accident at the Northland /Croixwood Park from Mrs Arlene Plourde was referred to the McGarry- Kearney Agency. (all in favor) 2. On motion of Councilman Harry Peterson, seconded by Councilman MacDonald, the Council authorized the payment of $1,500 to The St. Croix Rivermen from the band concert fund for 1981 with the understanding that in the 1982 budget as to whether or not the City will commit themselves to a dollar figure. (all in favor) 3. The League of Minnesota Cities Legislative Action Conference will be held on March 12th at the Holiday Inn Central in St. Paul and the Council members are urged to attend this conference if possible. 4. On motion of Councilman Harry Peterson, seconded by Councilwoman Bodlovick, 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 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) Builders & Remodelers, Inc. 3517 Hennepin Avenue So., Minneapolis, 55408 General Renewal Dupre Builders, Inc. 203 Little Canada Rd., St. Paul 55117 General Renewal Glen Johnson R. #1, Box 23 -B., Stillwater General Renewal Matrix Systems, Inc. 8717 Demontreville Tr. N., Lake Elmo 53042 General New 353 • • • • • • • /554 CITY CLERK'S REPORT None CITY COORDINATOR'S REPORT None March 3, 1981 COMMUNICATIONS From the Minnesota Municipal Board regarding Annexation (OA- 117 -3) - Warehouse Market - Zantigo, Crown Auto, etc. MR. MAGNUSON sent in a brief on this matter and supplied copies to the Council- in 1972 it ordered as a part of the City of Stillwater and then in 1978 the same property was under consideration and the Municipal Board made an order to appeal it to the District Court and one of the points in the order that the Orderly Agreement shall prevail over any claims of neighboring communities to this property and the - District Court found that was an erronously state of law - the board proceeded on the wrong theory so they sent annexation back to the Municipal Board for further considersation - they are going to decide on the 13th of March as to whether or not they have to re -open the hearing or make amended findings to the other order - he felt that they should just correct the order. (see memo) CONSULTING ENGINEER'S REPORT MR. ELLIOTT presented a brief review of the feasibility study for the Oak Glen Development particularly the cost recovery for the project. The estimated cost of the improvements if $6,577,000 and the cost of the well is $230,000 with the pumphouse which would not be assessed, but would be bonded for, and be paid out of Water Board revenues. The concept for recovering the cost of the project is through direct assess- ments to the Oak Glen property and through connection charges in lieu of assessments for some sewer and water that will benefit abutting properties and through a proposed SAC charge - the SAC charge (Service Availability Charge) is developed because there are certain facilities serving the area - trunk sewer that is being oversized, a lift station, which is needed to pump the sewage from the low area down near County Road 12 near the Reliance property and the southwest area of the Oak Glen Development and will also serve other developments (Reliance and Lecuyer property when it comes into the City) - this charge would be imposed at anytime that they would contact to the City sewer within Oak Glen or outside of Oak Glen at $387, a connection which represents 4% of the total cost of this improvement. The connection charges are developed in a manner to take care of the properties that are not assessed and these connection charges also include an escalating cost based on interest - this applies to both water and sewer. Sanitary sewer and water will be run across the Fischer prpperty also and will require connection at some future date. The balance will be assessed to the Oak Glen Development - about $500,000 will be collected through SAC charges - 7% of the total project would be collected through connection charges. The assessments for streets and storm sewer are imposed totally against the Oak Glen property - estimates include the improvement of Neal Avenue and three right turn lanes and the drainage. There is no way to collect for drainage from the Township so all of this will be charged to the Oak Glen Development. They feel that they have net all the requirements of the DNR insofar as drainage requirements - one would have to look at the risk of collecting connection charges in lieu of assessments against some of these properties. His personal opinion was that the properties that abut Oak Glen will be platted into more typical single family smaller lots for eesidential development and will likely develop at a far faster rate than Oak Glen itself will once that the utilities are there - the need for smaller residential lots is a need here today in Stillwater. He did not feel that the risk is great with respect to the connection charge concept - it is a recommendation - the final choice of that option is the Council's and whatever fiscal advice that they can get for the improvement. MR. FOLK AND MR. JOHNSON plan to meet with Mr. Elliott to get some of their questions answered on Friday and the Council will have a special meeting on Monday, March 9th at 6:30 P. M. r On motion of Councilwoman Bodlovick, seconded by Councilman MacDonald, a resolution was introduced "ACCEPTING THE FEASIBILITY STUDY AND ORDERING THE PUBLIC HEARING ON LOCAL IMPROVEMENT NO. 184 ". AYES -- Councilwomen Avise and Bodlovick, Councilmen MacDonald and Peterson and Mayor Junker NAYS- -None (see resolutions) (Hearing date set for March 24, 1981 at 7:30 P. M.) • • • • • n • • COMMITTEE REPORTS pm PUBLIC WORKS i 1. On motion of Councilman Harry Peterson, seconded by Councilwoman Bodlovick, the Council authorized the attendance of Mr. Shelton and Mr. Diethert to the Tree Inspector's Workshop on March 19, 1980 at a charge of $10.00 per man. (all in favor) (Lakewood Junior College) 2. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the Council authorized Mr. Shelton to place an ad in the newspaper regarding the debarking of cutdown elms by April 1st. (all in favor) 0 March 3, 1981 PUBLIC SAFETY 1. On motion of Councilman Harry Peterson, seconded by Councilwoman Bodlovick, a resolution was introduced "AUTHOHZING THE PLACEMENT OF NO PARKING SIGNS ON THE EAST SIDE OF SECOND STREET, NORTH OF CHESTNUT, AND ON THE WEST SIDE OF UNION ALLEY, NORTH OF CHESTNUT ". AYES: Councilwomen Avise and Bodlovick, Councilmen MacDonald and Peterson and Mayor Junker NAYS -- None (see resolutions) 2. On motion of Councilman Harry Peterson, seconded by Councilwoman Avise, the Council authorized the Fire Chief and another member of the department to attend the State Firefighter's Convention in Alexandria at a cost of $65.00 per man. (all in favor) 3. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the Council authorized the Police Chief to attend the Minnesota Police Chief's Association meetings at Sheraton Northweat, Brooklyn Park on March 31 thru April 3rd at a cost of $70.00 to the City and he will pay his own motel bills. (all in favor) 4. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the Council authorized the installation of two handicap parking signs at Fifth and Walnut Streets for the St. Paul Lutheran Church. (all in favor) PARKS AND RECREATION 1. MR. BLEKUM distributed to the Council copies of the proposal for the Legion Beach which was made a few years ago and which the Council might want to update when they advertise for proposals for the use of this property. He also received a proposal for Jim Fischer to lease the park on a long -term basis for one show per year - he would charge admission and a portion of it would be given to the City to be used for a caretaker in the summer months - this would be for seven days per year during Lumberjack Days for exhibitions. The City Clerk also received a proposal from Mr. Sabes from The Freighthouse for the lease of this property for $1,000 per year for a public amusement and recreation area. These will be filed and be considered as bids at the time that advertisements are made for this property. 2. MR. BLEKUM made a request to the Council about the manner in which he spends the budget for a new mower - he proposes to get three regular mowers at $180 to $185 each and then get a new mower for the riding mower which would total up to about $1,100 and this budget was set for $1,500. The Council felt that he should use his judgment on this matter. CITY ATTORNEY MR. MAGNUSON asked the Council to look at the permit fee schedules that the Building Official has outlined for the new ordinance and the Mayor requested that each member of the Council meet with Mr. Zepper and compare these new figures with the present fees before the Council makes a second reading of this ordinance. COUNCIL REQUEST ITEMS COUNCILWOMAN +VISE asked the Mayor about setting a date for the interviews with the police candidates and the Mayor indicated that he has asked the Police Chief to prepare a work schedule and other information for the Council before the date for these interviews is set. 35 • • • . f56 None ORDINANCES None ADJOURNMENT March 3, 1981 QUESTIONS FROM PRESS REPRESENTATIVES RESOLUTIONS The following resolutions were read and on roll call were unanimously adopted: 1. Directing the Payment of the Bills. 2. Appointing a Responsibility Authority Nile Kriesel (repass) 3. Ordering Hearing for Local Improvement No. 184 - Oak Glen Improvements 4. No Parking Signs- here to corner - East side of Second Street (North of Chestnut Street) - West side of Union Alley - (North of Chestnut Street) On motion of Councilman Harry Peterson, seconded by Councilwoman Bodlovick, the meeting adjourned at 10:10 P. M. Attest: /9, 4. 11„2 ✓Q Citg' Clerk Mayor IMPRIve • • • •