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HomeMy WebLinkAbout1981-04-07 CC MIN• n COUNCIL CHAMBERS mm Stillwater, Minnesota April 7, 1981 7:30 P. M. nr , WIMP REGULAR MEETING The meeting was called to order by President Junker. The Invocation was given by the City Clerk. Present: Councilwoman Bodlovick, Councilmen MacDonald and Peterson and Mayor Junker Absent: Councilwoman Avise Also Present: Citizens: Finance Director /Coordinator, Kriesel; City Clerk, Schnell; City Attorney, Magnuson; Superintendent of Public Works, Shelton; Public Safety Director, Abrahamson; Director of Parks and Recreation, Blekum; Consulting Engineer, Moore Press: St. Paul Dispath - Broede Free Press - Julie Edstrom Sandy Olson, Lloyd Gerstad, Bud Jagusch, Gene Schuelsner, Russell Meister, Harold Kimmel, Paul Johnson, Roger Derrick, Bob Thompson, Brooks Thompson, Mr. & Mrs. Gene Schell, Mr. & Mrs. Arthur Gill, Tom Farrell, Tom Cropp, Captain Carr Griffith, James Huntsman, John Kennedy, Frank Rauch, Bruce Folz, Brian Crombie, Ganus Deiss, George Schmitt, Leo Lohmer, David Swanson, David Johnson, Bill David, Father Tom Gillespie, Ruby Westbury, Barbara Roettger, John Oertel, Pam Kartak, Mr. & Mrs. Clarence Steltzner, Thomas and Laurie !stable, Robert Tanner, Steven Finnegan INDIVIDUALS & DELEGATIONS 1. A representative for National Restaurants, Inc. appeared before the City Council regarding the transfer of the Liquor License transfer for the Brick Alley Restaurant. On motion of Councilwoman Bodlovick, seconded by Councilman Harry Peterson, the Council authorized the transfer of the liquor license from Tri -Kane, Inc. to National Restaurants, Inc. together with Liquor Liability Insurance. (all in favor) 2 Captain A. Carr Griffith, President of St. Croix Cruise and Charter Co., Inc. appeared before the Council regarding his non - exclusive wharfage permit for the mooring of the "Jubilee" during the 1981 boating season. He also requested permission to place a 120 foot x 30 foot dock north of the sand bar which would be about 210 -220 feet south of the flag pole. There was some discussion about the location of this dock, he has talked to the Corps of Engineers, the Boundary Waters Commission, the River Commission and all of these agencies. Small boats would be able to tie up between the cement dock and this wooden dock and then on the inside of the dock with The Discovery i -i on the outside - there would be approximately 110 additional dock feet on the inside of his dock and 121 feet on the outside of it for the public - they just want sat the center bay - he would be at least thirty feet out and further out if requested. On motion of Councilman Harry Peterson, seconded by Councilwoman Bodlovick, the Council granted the mn- exclusive wharfage permit to the Jubilee and also to grant the placing of this dock north of the sand -bar under the conditions that the Captain has described here tonite subject to the written approval. (all in favor) 3. Mr. GERSTAD, representing the Lumberjack Committee, appeared before the Council regarding their proposal - (1) exclusive use of Lowell Park for the Lumberjack Days; (2) an additional power pole south of the existing poles; (3) recommendation for the support of the sale of beer in the park for the Cooties and the Jaycees. MR. SHELTON indicated that the power pole would be no problem. Questions were raised about the cleanup and they indicated that what they have done in the past will be done again this year and correct any problems that they had last year. On motion of Councilwoman Bodlovick, seconded by Councilman Harry Peterson, the Council granted the Lumberjack Committee exclusive rights for the area designated in Lowell Park and the Jaycees and Cooties to have their beer permits with the hours detailed in the proposal and any abuse of the time element that the Police Department will have full rights to close them down if there are any problems. (all in favor) • 375 • • • ■ 4 A !376 • PETITIONS THE MAYOR CLOSED THE HEARING. April 7, 1981 4. BILL DAVID,716 South Owens, appeared before the Council regarding a variance to build a garage in his backyard to replace on that recently burned down. He needs a three foot variance in order to place a double wall for the proposed garage. After some discussion the Council felt that this should go through the normal procedure for such requests. The City Attorney cited the ordinance on these matters. On motion of Councilman Harry Peterson, seconded by Councilwoman Bodlovick, the Council directed that Mr. David make application to the Planning Commission for this variance. (all in favor) From David C. Linguist and Leighton W. Johnson annexing certain land to the City of Stillwater on South Greeley Street. On motion of Councilman Harry Peterson, seconded by Councilwoman Bodlovick, a resolution was introduced "REQUESTING ANNEXATION OF CERTAIN LAND TO THE CITY OF STILLWATER PURSUANT TO THE JOINT RESOLUTION OF THE CITY AND TOWN OF STILLWATER AS TO ORDERLY ANNEXATION DATED AUGUST 20, 1975" and a copy be forwarded to the Minnesota Municipal Commission. AYES -- Councilwoman Bodlovick, Councilmen MacDonald and Peterson and Mayor Junker NAYS- -None (see resolutions) PUBLIC HEARINGS 1. This was the day and time for the public hearing on Case No. 405 - John Kennedy, 2387 Hidden Valley Lane for a variance for a swimming pool to be placed in his sideyard. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on March 26, 1981 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. JOHN KENNEDY and his contractor were present and presented to the Council • petition from the adjoining property owners that they have no objection the placing of this swimming pool in the side yard. The Planning Commission denied this request at their meeting on April 6, 1981. MR. FARRELL indicated that their denial was based on two reasons- they felt that there was no reason for the moving of the pool over to the sideyard except that he wanted to maintain a backyard for his children to play in - he wanted to save some trees and there were only about four there - didn't feel that it made any substantial difference and they felt that he should comply with the ordinance. THE CONTRACTOR felt that there could be some drainage problem and also the NSP power lines are also buried in the backyard and there would be a cost of over $400 to move those which were not placed properly. The fence is already there and he did not feel that there was any reason that it could not be placed in the sideyard. MAYOR JUNKER went out to look at this and could see no reason why the pool couldn't be put where Mr. Kennedy wants it and there would be no obstruction to the neighbors that use the cul -de -sac and that by putting it in the backyard it would destroy the whole backyard. MR. FARRELL disagreed with the Mayor on allowing such variances and putting them in the setback areas and there was further discussion with the Mayor regarding such variances especially in the Croixwood area. THE CONTRACTOR stated that they are asking to be 20 feet off the street rather than �.. thirty feet and they are still on his property. COUNCILWOMAN BODLOVICK also disagreed with the Mayor's statements regarding these cases and the criteria that was used. COUNCILWOMAN BODLOVICK moved that the Council follow the recommendation of the Plann- ing Commission and deny this request at this time. (There was no second to this motion) On motion of Councilman Harry Peterson, seconded by Councilman MacDonald, the ten foot variance was granted to John Kennedy, 2387 Hidden Valley Lane for a swimming pool in his sideyard. AYES -- Councilmen MacDonald and Peterson and Mayor Junker NAYS -- Councilwoman Bodlovick, (motion carried) • • • • e"'• April 7, 1981 This was the day and time for the public hearing for Case No. 406 for James Huntsman, 416 South Fourth Street for a Special Use Permit for wedding cermonies and receptions in their home. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on March 26, 1981 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. MR.RUNTSMAN presented to the Council some statements regarding the objections which were filed or made at the April 6th Planning Commission meetin regarding parking, noise and the serving of liquor, and explained them at this time. The Council also received a petition from some neighbors objecting to the grant- ing of this request. MR. HUNTSMAN was requesting this permit be issued for one year and that the City Council may revoke the permit at any time before its expiration if presented with complaints of problems of a chronic or isolated serious nature due to the requested use. He asked that the City Attorney give an opinion regarding the wedding ceremony and the Council's authcrity to restrict or regulate the practice of religion in a residential area. MR. MAGNUSON did not feel the wedding reception had any religious significance at all and the cemsony usually takes place in church and that churches also require special use permits under the zoning ordinance - he would be conducting a business- both uses require a permit. BARBARA ROETTGER, 201 West Olive Street, stated that Mr. Huntsman has come up with more definite plans for his operation since last evening - they are primarily con- cerned with the parking and that there are a lot of kids that use Oak Street and that area for the riding of their bicycles and this would cause additional congestion. FATHER T0:'.UILLESPIE, pastor of St. Mary's Church, felt that there is so much going on in the area already and parking has been a big problem to them - it is a residen- tial area and he would like to keep it that way - he was particularly concerned about Saturday nites which would be prime time for wedding receptions. RUBY WESTBURY, 218 West Pine Street, was also concerned about the traffic and that we are asking for a big problem - she was concerned about the people after they left the reception and felt that the school should have the benefit of the available parking for their activities. LEO LOHMER, 303 West Olive Street, stated that this is the only side that he is not surrounded by Commercial property. COUNCILMAN HARRY PETERSON asked about the fence that he is proposing and MR. HUNTSMAN stated it would be a privacy type fence to replace the one that was there at one time when the house was built - it would not be a chain link fence and would not be in keeping with the house and setting - it would be a wood fence with possibly some wrought iron portion in the front. MRS. ROETTGER asked about the revocation of this permit in case of problems and she was informed that it would last for one year and also if there are problems he would not want to continue to operate under such problems - it is something that he wants to try and it has been suggested to him by some other people - the house has the atmosphere for this type of business. COUNCILWOMAN BODLOVICK stated that she received five complaints - most of them were about the parking and the possibility of alcohol being brought in and that has been clarified. NMI MR. HUNTSMAN did not feel that the Junior High should have the pre - emptive right over anyone else in the neighborhood for the parking spots that are available. The Mayor closed the hearing. On motion of Councilwoman Bodlovick, seconded by Councilman MacDonald, the Council followed the recommendation of the Planning Commission and they denied the request to Mr. Huntsman for a Special Use Permit to have wedding ceremonies and receptions in his home at 406 South Fourth Street. (all in favor) 3. This was the day and time for the public hearing on Case No. 407 for Frank Rauch for a Special Use Permit at 1331 West Myrtle Street to convert a single family dwelling into a duplex in a One Family District. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on March 26, 1981 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. 37? • • • • • • • '78 April 7, 1981 MR. CLARENCE STELTZNER, 1326 West Ramsey, presented to the Council a petition with signatures of property owners opposing this request. No one else appeared on this matter - Mr. Rauch was in attendance, but did not speak. The Mayor Closed the hearing. On motion of Councilwoman Bodlovick, seconded by Councilman Harry Peterson the Council denied the Special Use Permit for Mr. Rauch as recommended by the Planning Commission. (all in favor) 4. This was the day and tie for the public hearing on Case No. 408 for Nancy Schell, 318 Birchwood Drive for a Special Use Permit for a retail yarn shop in her home. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on March 27, 1981 and copies were mailed to ail property owners within 300 feet. The Mayor opened the hearing. MRS. SCHELL was in attendance and indicated that she had conducted this shop in her home previously and due to the high costs of operating this shop in downtown is requesting permission to move it back into her home. No one was in attednance as being in favor or opposed to this request. The Mayor closed the hearing. On motion of Councilwoman Bodlovick, seconded by Councilman MacDonald, the Council granted the Special Use Permit to Mrs. Schell to operate the yarn shop out of her home at 318 Birchwood Drive as recommended by the Planning Commission. (all in favor) 5. This was the day and time for the public hearing on the proposed improvements for the Deerpath Addition, Local Improvement No. 189. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on March 26 and April 2, 1981 and copies were mailed to all property owners proposed to be benefited from the improvement. The Mayor opened the hearing MR. MOORE explained the improvements as petitioned by the Derrick Land Co. for sanitary sewer, watermain and services, drainage and storm water facilities and some drainage for Olive Street which will require some catch basins - there are two natural drainage ponds in the area and the total estimated cost of the project is estimated at $309,175 and this would be connected to the pumping station on Echo Lane. The estimated costs would be as follows: Sanitary Sewers $111,105 (includes a SAC charge which was covered in the Oak Glen Report of $255 against each lot) Watermain 78,490 Streets 87,475 Storm Sewer 32,105 The watermain would be $2,390 per lot - the street will be 32 feet with concrete curb and gutter and bituminous surfacing. The cost per lot for 30 lots is $10,306 per lot. They share in the cost of the lift station and forcemain at $255 per lot which is a part of the Oak Glen Development. MAYOR JUNRER DECLARED A RECESS FROM 8:35 to 8:50 P. M. HAROLD KIMMEL AND PAUL JOHNSON appeared in behalf of our Saviour's Lutheran Church and they received notice of hearing on this matter - there is some negotiations going on between the church and MR. Derrick relative to the boundary lines between those properties and they simply want to state for the records as far as the church is concerned that they presently do not abut upon that property and object to any assessments as far as that property is concerned - they do not abut on any of the improvements and any proposal that they have for resolving the boundary dispute that presently exists would not involve their agreeing to accepting the assessments for that improvement as they do not intend to develop that property. MR. FOLZ stated that it is undetermined to him as to exactly where the boundary lines will be - if there will be an agreement between the church and Derrick Land Co. as far as he is concerned the utility services (sanitary sewer, water, streets and storm sewer), are there to serve the land and the assessments and improvements are based on the increased value of the land and that is the way the assessment should be made - whatever land is to be served is the land that should be assessed no matter who owns it and if they do make a trade and some other land is benefited then that land should be assessed. • • • • • P 4 i w Le/ April 7, 1981 MR. KIMMEL stated that if there is a trade, that trade would involve an agreement between them and whoever the property owner is and that they will not be assessed and he would assume that the City would honor such an agreement - if there is no such agreement, then there would have to be a trade - that is their position on it - they are attempting to resolve the problem - their present property is served with sewer and the parsonage is also served - if they do not make the trade, then they don't abut it and they don't believe that they should be assessed - if they do make the trade and it will involve an agreement that they will be assessed and they would assume that the Council would honor such an agreement. MR. MAGNUSON felt that it is important that the Council deal with it - according to the maps there are three units that belong to the church which would be about $30,000 of assessments - it appeared on the map that property abutted on the street. Members of the Council, Mr. Magnuson and Mr. Kimmel reviewed the maps that Mr. Y ^ore had for this improvement There was some question as to whether of not the church would have an access to that street - if the present boundary lines prevail, then the church does not feel that it should be assessed. The trade would involve Derrick Land making an additional lot in the one area. MR. FOLZ stated that they have no arguments with the assessments - if there is a trade made and the land that abuts on the road that provides an additional lot for the church and they have an additional lot that is benefited, then the land that benefits should be assessed. ROGER DERRICK, Minnetonka, stated that what Bruce says is right and what the attorney for the church says is right - they have been negotiating and as of yet they have not made a deal - probably will make a deal before the improvements are put in, but the reason that they wanted go to the public hearing rather than waive the public hearing is that they think that the benefited property should be assessed just as a matter of policy unless they make a deal to the contrary and they will hope that the Council will honor that - in the meantime if they don't make a deal and if they have a piece of property that borders the road on both sides then they should be the sole person assessed. If on the other hand if some- how the church gets access from their improvements without a deal being made because the County requires or because of some reason, then if they are benefited they should be assessed - if they are not benefited, they should not be assessed. MR. MAGNUSON stated tha if there is property abutting on the street that is owned by the Church and which is buildable, then we would not assess Derrick Land Co. for it - we would have,to assess the church - the problem now is that we don't know what is going to happen - the Council has six months after tonite to order the improvement and that should be plenty of time for them to work out their deal We could wait until that is all worked out before the improvement is ordered. There was discussion about who will be responsible for these assessments and the benefited property for these improvements and the developers felt that it was important that the church be notified of the proposed improvements. MR. KIMMEL inquired if they have a plat that has been approved and also about ordering the improvements before the plat is approved and MR. MAGNUSON stated that the sub - division ordinance provides that when the City makes the improve- ments as we do in this case, we can order the improvements before the final plat is signed - if the developer was putting in the utilities then that would be a di- ferent story, then the plat would have to be approved first. MR. DERRICK stated that the reason that they wanted the public hearing - you never know what the County will do - they may say that they want to put a road extension in there or the City may say that or the engineering department may say that - if the church is not going to have access to that road, certainly they should not be benefited - but if something beyond their control comes up and somebody takes some of their land and puts a stub in that gives them benefit why should they pay for it - all that he asked was that the benefited property owner pays their just due. At this point there is no benefit to the church. The Mayor closed the hearing COUNCILWOMAN BODLOVICK moved that the City be presented with a signed agreement prior to ordering the project - whenever that is presented the ordering can be done. (There was no second to this motion) MR. KIMMEL stated that they do not object to the ordering of the improvements this evening, on the basis of the statements made here tonite. On motion of Councilman Harry Peterson, seconded by Councilman MacDonald a resolution was introduced "ORDERING THE PROPOSED IMPROVEMENTS FOR LOCAL IMPROVEMENT NO. 189 FOR THE DEERPATH ADDITION ". AYES -- Councilmen MacDonald and Peterson and Mayor Junker NO NAYS -- Councilwoman Bodlovick (see resolutions) 379' • • • • • • • 380 April 7, 1981 UNFINISHED BUSINESS. 1. On motion of Councilman Harry Peterson, - econded by Councilwoman Bodlovick, the hearing on the Richard Anderson Conditional ond naloUse Permits was set for April 20, 1981 at 7:30 P. M. 2. AFSCME CONTRACT - See Coordinator's Report NEW BUSINESS 1. Onuiman Bodlovick, second by abyrCouncilman MacDonald, the follow - ing Surety Bonds in the a James Borden, Stillwater, Minnesota Gopher Excavating, Inc., Oak Park Heights, Stillwater Dennis Tarbet dba Tarbet Excavating, Lakeland (all in favor) 2. resolution was0introducedd'DIRECTING THE OF Councilman THE1BIL Harry Peterson, a LS AYES -- Councilwoman Bodlovick, Councilmen MacDonald and Peterson and Mayor Junker. NAYS- -None (see resolutions) 3. On motion of Councilman Harry Peterson, seconded by Councilwoman Bodlovick, the Council set the date of April 21, 1981 at 7:30 P. M. for the public hearing for Case No. 410 for Richard Morse, 1319 West Pine Street for a garage variance and a Heights c Addition was set May 1981 at 7:30 Gould a variance (all inrfavo) Creek 4. mtion of SETTING THE HEARING DATE FOR d THE INDUSTRIAL BONDS MacDonald, ntion FOR THOMPSON was HARDWARE CO. for May 5, 1981 at 7:30 P. M. AYES -- Councilwoman Bodlovick, Councilmen r MacDonall and Peterson and Mayor Junket. NAYS - -None 5. On motion of Councilwoman Bodlovick, seconded by Councilman Harry Peterson, the Council No. 411 date of rezoning. (all in favor) public hearing for Case favor) INDIVIDUALS AND DELEGATIONS, None at this point in the meeting APPLICATIONS - - -On motion of Councilman Harry Peterson, seconded by Councilman MacDonald, the Council approved ovedt a l SA n SON A L e W E WINE LICENSE AND BOND favor) T The Cobblestone Cafe, 324 South Main ---On motion of Councilman Harry Peterson, seconded by Councilwoman Bodlovick, the Council approved an ON SALE 3.2 BEER LICENSE for The Cobblestone Cafe, 324 South Main Street, Stillwater. (all in favor) (The Cobblestone Cafe also got permission to serve these beverages and food on the patio outside of their cafe between the building and the sidewalk.) - - -On motion of Councilwoman Bodlovick, seconded by Councilman MacDonald, the follow- ing Contractor's Licenses were approved: (all in favor) Asphalt Specialties Renewal 1900 Quint Ave. So., Lakeland, Mn. 55043 Asphalt James Borden P. O. Box 4, Stillwater Gopher Excavating - Larry Ritzer 5898 Omata Avenue North, Stillwater Robert Hagstrom Builder 3390 Lake Elmo Avenue, Lake E'mo Melvin Kittleson 9311 Norell Avenue N., Stillwater Martin Kvaas i115 South Third Street, Stillwater General Renewal Excavators New General Renewal General Renewal General Renewal (continued on page 381) • • • • Thomas Landry •• Box 312, Somerset, Wisconsin 54025 Landscapers - Renewal Asphalt Driveways W. J. Preisler Roofing & Siding 3865 White Bear Ave., White Bear Lake General Renewal Rite -Way Waterproofing, Inc. 7337 Lake Drive, Lino Lakes 55014 Water - Proofing Renewal Robert Ross 1215 West Oak Street, Stillwater Painting Renewal Speciality Insulators P. 0. Box 337, Lindstrom 55045 Insulation Renewal Young Construction 16618 Upper Fourth St., Lakeland 55043 General New April 7, 1981 COMMUNICATIONS From the League of Minnesota Cities regarding HMO Coverage and Abortions (no action) From the League of Minnesota Cities regarding legislation on retirement matters. (no action) From the Washington County Police Wives Association thanking them for the use of their facilities on March 21, 1981 for their project. From the League of Minnesota Cities on Fine Surcharges. BEER PERMITS Mr. Blekum requested that these be held over for the next meeting as he was unware of them and will check to see if they have been cleared with Mr. Fackler CITY CLERK'S REPORT 1. On motion of Councilman Harry Peterson, seconded by Councilwoman Bodlovick, the Claim for an accident on Churchill and South Seventh Street by Shirley Garavalia, 812 South Seventh Street, Stillwater was directed to be sent to the McGarry- Kearney Insurance Agency. (all in favor) CITY COORDINATOR'S REPORT 1. Mr. Kriesel explained to the Council the changes in the Agreement with Local 517 Council No. 91 of the American Federation of State, County & Municipal Employees, AFL -CI0 - $90.00 salary increases across the board for 1991 with the exception of the Clerk -Typist position; and for 1982 the increases will be a cost of living increase not to exceed $100 nor less than $75.00; An additional extra holiday given with split shifts before Christmas and New Years Full employee hospitalization and 75% toward the dependent coverage The mileage allowance was increased to 250 per mile The clothing allowance for the police secretarydispatcher and the Community Service Officer was increased to $150.00 per year on a voucher basis. On motion of Councilwoman Bodlovick, seconded by Councilman MacDonald, the Mayor and the City Clerk were authorized to sign the union contract for AFSCME. (all in favor) 2. On motion of Councilman Harry Peterson, seconded by Councilwoman Bodlovick, the Council agreed that sick leave should be for the employees only and is not to be used when members of their families are sick as recommended by the Administrative Committee. AYES -- Councilwoman Bodlovick and Councilman Peterson NAYS -- Councilman MacDonald ABSTAINED - Mayor Junker (motion carried) 3. Mr. Kriesel informed the Council that the date for the Board of Review has been set for Tuesday, May 12th from 10:00 A. M. to 4:00 P. M. and 6:00 P. M. to 9:00 P. M. (Mayor Junker, Councilman MacDonald and either Councilwoman Avise or Bodlovick will serve on this board). 381 • • 1 • 009 April 7, 1981 4. MR. KRIESEL informed the Council that they will be meeting with the Fire Relief Association at 6:00 P. M. on April 21, 1981 for discussion on their pensions. 5. MR. KRIESEL informed the Council that he has received comments on the City's Comprehensive Plan from the Metro Council - they are pretty positive statements - nobody is objecting to it and Carl Dale has reviewed this pretty thoroughly and he has drafted a letter to be sent to the Metropolitan Council and read this letter at this time. He will send a copy of this draft to the Council members and if they have any objections they should let him know prior to April 14th. 6. Mr. Kriesel reminded the Council of the Police interviews on April 14th and that there are now only three that are to be interviewed and asked if they wish to expand on this list and there was none to be added at this time. They will also discuss the union negotiations to discuss at this time follow- ing the interviews. 7. MR. KRIESEL advised the Council that we will be considering the House Moving Ordinance at the next meeting and he has contacted the parties involved. 8. Mr. Kriesel briefed the Council on the oil spill of 175 gallons and the bill has been received on this and there is some question on it - it is a bill for about $8,400. 9. Mr. Kriesel informed the Council that he has received an assessment appeal from Mr. Briggs for his client Mr. Emerson for Local Improvement No. 173 which was assessed on an area basis - this is residential property rather than Industrial or Commercial. MR. MOORE stated that property is presently unplatted and they based the assess- ment on the same method that was used on the entire improvement. MR. MAGNUSON felt that we should not be selling away zoning considerations - he felt that we could sustain the assessment - they are trying to get the City to rezone all of that property to settle the assessments. 10. MR. KRIESEL stated that we have several appeals on the downtown parking lot and the appraisal costs alone is about $12,000 - there are 13 appeals all together. MR. MAGNUSON stated that we have to have an expert's opinion on the market value and the appraiser has to say that the increase in the market value is equal to the amount of the assessment - so that it is necessary that we have this appraiser and his letter says that he would bill the City on an hourly basis not to exceed $1,000 per appraisal and Ray Kirchner is doing this work. There was discussion on how this money is to be recovered - we could reassess and if that is thrown out and if you can't reassess, then the City would have to pay for it out of the General Fund. MR. MAGNUSON felt that we should sustain the assessment - it was done by statute and was done right and the formula was all worked out by computer. CONSULTING ENGINEER'S REPORT (Dick Moore) 1. Charter Oaks utilities are pretty well underway - the contractor started today on the Lily Lake Pumping Project (they started up the pumps and they are working); they are going to clean up Mr. Jagusch's yard and the City will plant some trees in there and sod it; Curve Crest Blvd:.- all of the utilities have been tested and completed and they are now waiting for road restrictions so that they can get started on the curb and gutters. 2. Mr. MOORE distributed to the Council copies of the report on the lighting proposal for the Industrial Park which will be discussed at a later meeting. Bid No. 1 COMMITTEE REPORTS PUBLIC WORKS 1 This was the day and time for the opening of bids on the removal of Diseased Elm Trees, Local Improvement No. 190. The advertisement for bids appeared in the Stillwater Evening Gazette, the official newspaper of the City on March 21, 1981. The following bids were opened at 3:00 P. M. by Mr. Shelton and the City Clerk: Afton Chipper 15037 - 45th St. So. Afton, Mn. 55001 Certified Check - $450.00 Tree Bid $8.45 per diameter inch Alternate No. 1 - stumps $1.48 per diameter inch (continued on page 383) • • • • IBM • L./ BID N0. 2 Bid No. 3 Bid No. 4 April 7, 1981 Haines Tree Service, Inc. 9264 Otchipwe Ave. N. Stillwater, Minnesota Bid Bond Tree Bid $7.00 per diameter inch Alternate No. 1- stumps $1.79 per diameter inch Riverside Crane and Diversified Services, Inc. 904 West Olive Street Stillwater, Minnesota 55082 Cashier's Check - $50.00 Tree Bid $6.98 per diameter inch Alternate No. 1- stumps $ .78 per diameter inch Woodchuck Tree Service 7310 Jocelyn Rd. Stillwater, Mn. Cashier's Check450.00 Tree Bid $7.80 per diameter inch Alternate No. 1- stumps $2.30 per diameter inch Mr. Shelton reported that last year the bid was $7.19 per inch for the tree and $1.60 for stump removal. The City does not get involved in the stump removal - this is only there if the individuals wants a price for the removal of same. Mr. Shelton felt that we should eliminate the sumping - take entthe ehtr ehdo down and is only forpthenprotection ofhthe want peoplethe stump taken out, He recommended that th.. bid be awarded to Haines Tree Service, Inc. MR. felt Nthat stated Johnson to know s that there could be a potential problem there - there were a lot of trees that he did not cut thate to should have and the , City was obligated to hire someone else at a On motion of Councilman Harry Peterson, seconded by Councilwoman Bodlovick, a resolution was introduced "AWARDING THE CONTRACT FOR THE REMOVAL OF DISEASED ELM TREES TO HAINES TREE SERVICE, INC." on the basis of the excellent relations with them in the past and responsiveness to property owners and satisfactory relations with other bidders. AYES -- Councilwoman Bodlovick, Council$ n MaccDonaldnaand Peterson and Mayor Junker NAYS - -None 2. On motion of Councilwoman Bodlovick, seconded by Councilman Harry Peterson, the wi hetheaMainrStreethimproovementfproject. meters that llrin necessary to proceed uthoized favor) 3. On motion of Councilwoman Bodlovick, seconded by Councilman MacDonald, the Council authorized the replacement of the curb a and is sidewalk on Main and Chestnut and incorporate the handicap type. (Get quotes from Mr. Jackson and get the work done). 4. Mr. Shelton got permission from Mr. M.ple to cut trees to the north of his storage warehouse up to the car -wash and the City crews will cleanup their area coming into Stillwater. 5. Mr. Shelton reported on the request from Jack Evert for the storm drainage on West Pine Street by Lily Lake and the engineers have calculated the water flows and the City may have to install a catch basin on the south side of Pine Street. The City forces could do this work - Mr. Moore asked that the Council request Mr. Magnuson to research the records to see if there is an easement for that strom sewer -Grove Street has been vacated toward the lake and -Mr. Evert indicated that when he purchased the property there was no easement indicated on his deed but he is willing to grant one to the City now if the City would consider putting the catch basin in for him. PUBLIC SAFETY On motion of Councilman Harry Peterson, seconded by Councilman MacDonald, a resoluton was FIREMEN OF APRIL 1 SALARY OF ro $5 00 PER J HOUR FORL VOLUNTEER A SIX MONTH PROBATIONERY PERIOD ". AYES -- Councilwoman Bodlovick, Councilmen MacDonald and Peterson and Mayor Junker NAYS - -None 38 • • • • 384 2. On motion of Councilman Harry Peterson, seconded by Councilwoman Bodlovick, the Council authorized Mr. Abrahamson to drop the City's membership in the Suburban Police Recruitment Agency. (all in favor) 3. On motion of Councilwoman Bodlovick, seconded by Councilman Harry Peterson, a resolution was introduced "AUTHOBRING THE INSTALLATION OF STOP SIGNS AT TOWER DRIVE AND CURVE CREST BLVD. AT WASHINGTON AVENUE ". AYES -- Councilwoman Bodlovick, Councilmen MacDonald and Peterson and Mayor Junker NAYS - -None (see resolutions) 4. Mr. Abrahamson also brougltup the matter of parking meters on Third Street by the Legion Club and also that he do a study for other locations which could be metered and he will prepare a report for action at the next Council meeting. 5. Mr. Abrahamson reported on the complaints on the Harpo Record Shop and they are trying to work with the laws that we have on this matter - they are aware of the problems and the complaints and there is a bill pending in the legislature on this matter of sale of such items of drug paraphenelia. PARKS AND RECREATION 1. There was discussion about employing Mr. Steven Finnegan as assistant Ice Arena Manager on a permanent basis - 12 months. Mr. Blekum explained his work at the arena and the fact that it was budgeted for as this is a full year's operation. This would not be hiring a new man - we are placing someone who is no longer with the City - he is currently making $5.25 per hour and would increase to $5.70. On motion of Councilman Harry Peterson, seconded by Councilwoman Bodlovick, a resolution was introduced "EMPLOYING STEVEN FINNEGAN AS ASSISTANT ICE ARENA MANAGER AND AREA AT A RATE OF $5.70 PER HOUR OR THE SALARIED EQUIVALENT PER MONTH AS OF APRIL 8, 1981" AYES -- Councilwoman Bodlovick, Councilmen MacDonald and Peterson and Mayor Junker NAYS - -None (see resolutions) (Mr. Kriesel will draw a job description for this position.) 2. Mr. Blekum reported to the Council on the cost figures for the diving dock - $4,000 has been budgeted and the total cost should be $3,582.00 based on the quotation figures that he has secured. The welding will be done free from Vo -Tech 916 as a project. They will be built in May and the bills will come in June for payment. On motion of Councilwoman Bodlovick, seconded by Councilman Harry Peterson, the Council authorized the purchase of the materials for the diving dock at a figure of less than $4,000. (all in favor) 3. The River Valley Lions have re- organized their project at Pioneer Park and they are using some of the funds from Margaret Rivers to hire Park Nursery to complete the south portion of this work. There was discussion about the railing along Second Street and Mr. Shelton will check with Mr. Roettger about some quotations on this work and it should be done with the same type of fence. None COUNCIL REQUEST ITEMS None QUESTIONS FROM PRESS REPRESENTATIVES None ORDINANCES None April 7, 1981 • CITY ATTORNEY'S REPORT _ • • • • • 1.1 April 7, 1981 ADJOURNMENT On motion of Councilman Harry Peterson, seconded by Councilwoman Bodlovick, } the meeting adjourned at 10:25 P. M. a � RESOLUTIONS The following resolutions were read and on roll call were adopted: 1. Directing the Payment of the Bills. 2. Requesting Annexation of Certain Land to the City of Stillwater - Leighton Johnson and David Linguist - South Greeley St. 3. Industrial Revenue Bond Hearing - Thompson Hardware 4. Awarding the Bid for the Removal of the Diseased Elm Trees - Haines Tree Service, Inc. 5. Employing Volunteer Firemen - Ron Axdahl and John Buckley 6. Stop Signs on Tower Drive and Curve Crest Blvd. at Washington Avenue 7. Employ Steven Finnegan as Assistant Ice Arena Manager 8. Order Local Improvement No. 189 (Councilwoman Bodlovick opposed) 9. No Parking Signs on Union Alley and South Second Street (repass) Attest: mod...-: t A? j City Clerk Mayor • 385 • • •