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HomeMy WebLinkAbout1981-08-18 CC MIN467 • COUNCIL CHAMBERS Stillwater, M August 18, 1981 4:00 P. M. • ./ REGULAR FETING The meeting was called to order by Mayor Junker. Present: Councilwomen Avise and Bodlovick, Councilmen MacDonald and Peterson and Mayor Junker Absent: None Also Present: Finance Director /Coordinator, Kriesel; City Clerk, Schnell; City Attorney, Magnuson; Director of Public Safety, Abrahamson; Director of Parks & Recreation, Blekum; Superintendent of Public Works, Shelton; Fire Chief, Chial; Building Official, Zepper; Consulting Engineers, Elliott and Moore Press: St. Croix Valley Free Press, Landkammer Stillwater Gazette, Liberty St. Paul Dispatch Citizens: Kenneth Schreffler, Two representatives from the St. Croix Boom Co. (Total of about 15 -20 people) INDIVIDUALS & DELEGATIONS None PUBLIC WORKS No report COMMITTEE REPORTS BUILDING OFFICIAL 1. MR. ZEPPER asked permission to have the owner of Wright's Service Station on North Main Street to have their sign removed and there was discussion about other similar signs that should be removed - he was instructed to ask Mr. Wright and Mr. Liberty to remove their respective signs. 2. MR. CLEON GARLEY had requested permission to bring in a house on the property that he is proposing to sub- divide - just move it in and not put it on a foundation. After considerable discussion on the matter they took action to deny such a request. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Council denied the request from Mr. Garley to move in this house at the location on Wilkin Street until the sub- division is approved. (all in favor) 3. MR. ZEPPER inquired about the issuance of a building permit for the outlot in the Penthouse Acres plat and Mr. Magnuson indicated that he had talked to Mrs. Leitte about making this a separate plat from the balance of the property - reply to come later. FIRE CHIEF No report PARKS & RECREATION 1. MR. BLEKUM made a report and inquiry on the matter of people donating trees to the City in memory of someone and the problems that are encountered in such cases and asked for a policy decision on the matter. 1. Whether we should accept them? 2. If accepted who is responsible to replace them if destroyed or damaged? 3. Whether or not that we accept stones to go along with them. (with plaques) There was some discussion on the matter and he requested that the Council think about it until the next meeting and come up with some guidelines for him to follow in the future. PUBLIC SAFETY CHIEF ABRAHAMSON had no report at this time - he was not ready. • • 7 468 • CITY ATTORNEY No report CONSULTING ENGINEER'S REPORT The following bids were opened at 11:00 AM., August 13, 1981 with the following members of the City Staff in attendance: Nile Kriesel, Finance Director /Coordinator Dorothy Schnell, City Clerk David Magnuson, City Attorney Short - Elliott- Henderickson - Steve Campbell and Duane Elliott Water Department - Ronald Anderson and Jim McKnight About 30 -35 bidders were also in attendance. Bid No. 1 Bid No. 2 Bid No. 3 Bid No. 4 Bid No. 5 Bid No. 6 Bid No. 7 Bid No. 8 Bid No. 9 Bid No. 10 Bid No. 11 Arcon Construction, Inc. Mora, Mn. Bid Bond Total Bid Barbarossa & Sons Osseo, Minnesota Bid Bond Total Bid Brown & Cris, Inc. Lakeville, Mn. Bid Bond Total Bid Centennial Contracting Little Canada, Mn. Bid Bond Total Bid C. W. Houle, Inc. St. Paul, Minnesota Bid Bond Total Bid Johnson Bros. Litchfield, Mn. Bid Bond Total Bid Austin P. Keller 481 Front Ave. St. Paul, Mn. Bid Bond Total Bid Richard Knutson 201 Travelers Trail Burnsville, Mn. Bid Bond Total Bid August 18, 1981 Komatz Construction, Inc. St. Peter, Mn. Bid Bond Total Bid Lakewood Mechanical Contracting P. 0. Box 249 Rhinelander, Wi. 54501 Bid Bond Total Bid Nodland Assoc. P. 0. Box 338 Alexander, Mn. 56308 Bid Bond Total Bid (continued on page 469) $ 4,074,571.50 3,723,732.78 4,210,764.00 4,233,414.00 3 3,497,613.50 4,093,583.00 3,861,229.50 3,558,603.50 3,689,542.30 3,822,208.50 3,654,009.75 • • • • • • • PO hh k•• Bid No. 12 Bid No. 13 Bid No. 14 Bid No. 15 Bid No. 16 August 18, 1981 Northdale Construction Osseo Bid Bond Total Bid Orfei & Sons 1156 Hoer St. St. Paul, Mn. 55116 Bid Bond Total Bid Progressive Contracting Osseo, Mn. Bid Bond Total Bid Shafer Contracting Shafer, Mn. Bid Bond Total Bid Winona Plumbing Winona, Mn. Bid Bond Total Bid $ 3,945,478.24 3,595,565.69 3,961,981.00 4,869,601.00 3,992,080.75 The bids were approximately 307, under the estimates - there is still the Developer's Agreement to be satisfied and signed and the successful sale of the bonds for the project - he submitted to the Council a list of the projects that C. W. Houle, Inc. the apparent low bidder, has done in the past few years which have done satisfactorily. There is a sixty day hold on the bids, which would be thru October 13th during which time bond sales and other matters can be taken care of. MR. KRIESEL reported that they met with David Johnson, Bruce Folz and Don Raleigh for Oak Glen and they worked on everything that relates to the project - the Developer's Agreement, Mr. Johnson's financing for the golf course - as far as the sale be September to sale the Council would want to award the bond sale would be on September 29th and that could be an October 6th award for the contract. MR. MAGNUSON stated that the Developer's Agreement and the PUD permit guarantee that all falls in place and Mr. Johnson has agreed to the most restrictive provisions that the City wanted in the agreement - there is one question that he brought up and that is in connection with the well site and the tank site for future water supplies - the City had indicated that they wanted both the well site and the tank site from him - it so happens that his property is not the best site for a tank be- cause there is an elevation higher and he indicated that he is willing to provide the well site andda a is drilling his golf course well first - he feels that it is unreasonable thattts required to provide the 100 x 150 foot parcel for a well site - on the other hand he could acquire a tank site outside the development and the pro- blem there is once the development goes, he is going to be forced to buy land at a higher price and all of the land that is potentially a better site is undeveloped and in the event that is sub- divided, they could obtain that concession from adverse possession - it would then be the developer spreading this on some other people and also providing a better site than the one that he would provide on his property. He felt it would be reasonable to grant this request. He will provide the well site in the location where the City wants it. MR. ELLIOTT stated that there is an extreme amount of open sapce connected with this development and it is one area that should be considered outside of this development for the tank site. MR. e Developer's tAgreement Council the thecbidsm- to consider uld be about the middle of September. MR. ELLIOTT stated that normally they wait until the Council has acted upon an award for a contract before they start preparing contract documents and sending them out which takes about two weeks - he stated that they would send out a letter in anticipation of the favorable award on the part of the Council and did not feel that there would be any commitment whatsoever - it does save a week period which he would like to do in this instance and this was agreeable to the City Attorney. 2. MR. MOORE reported that the Feely Addition is completed but he has not received the final estimate yet - they feel that it is completed in accordance with the specs. 469 • • • • X 470 August 18, 1981 CITY COORDINATOR'S REPORT 1. MR. KRIESEL informed the Council that it doesn't look like there is going to be any money next year for the Dutch Elm Program for reimbursement to the property owners for the removal of the trees - he has analyzed the fund and it looks like after this year that we will have about $60,000 left in that fund for possible future reimbursements for funding of subsidies to the property owners. Last year the City got 50% reimbursement from the State and we reimbursed the property owners by 35 %. He asked the Council for some direction as to what the reimburse- ment to the property owners should be set for this year. We are actually getting 25% reimbursement from the State this year and he recommended that we reimburse the property 25% for 1981, and then at the end of the year the Council can take a look at what we definitely have leftover - by January 1st the Council should decide if they want to stay in the program next year - he understands that it is not going to be mandatory next year. On motion of Councilwoman Bodlovick, seconeed by Councilwoman Avise, the Council authorized 25% reimbursement to the property owners for the Dutch Elm Program for 1981. (all in favor) CITY CLERK'S REPORT 1. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the Council awarded the contract for the repair of the Main Street stairs to the Roettger Welding Service, Inc. at the bid price of $700.00. (all in favor) 2. On motion of Councilman Peterson, seconded by Councilwoman Avise, the Council approved the request from the Publicity Committee of the Inter - Church Event to place a banner across Main Street. (all in favor) (This request was forwarded to the Minnesota Highway Department) MISCELLANEOUS 1. MR. BLEKUM asked about the proposals for the Kolliner Park and the fact that only one proposal was received from the Bayport Yacht Club - the Recreation Commission will be present at the next regular Council meeting on September 1st to explain the proposal (He requested copies of this proposal for the members of the Recreation Commission). The meeting recessed at 4:40 P. M. until 7:30 P. M. Attest; „cJ,. --. cd ,, . JJ . ,' ,�� _ , City CSerk Mayor • • • • • • Stillwater, Minnesota W COUNCIL CHAMBERS Absent: Also Present: August 18, 1981 7:30 P. M. RECESSED MEETING The meeting was reconvened by Mayor Junker. Present: Councilwomen Avise and Bodlovick, Councilmen MacDonald and Peterson and Mayor Junker None Finance Director /Coordinator, Kriesel City Clerk, Schnell City Attorney, Magnuson Planning Commission Chairman, Farrell Consulting Engineers, Elliott and Moore Press: None Citizens: LindaHinz, Norman Davis, Lloyd Bergquist, John DeCurtins, David Swanson, Gus Gerstad, Jim Crimmins, Bruce Folz, Brian Crombie, Jim Gannon, Mr. & Mrs. David Johnson, Grace & Marie Stanek, Bob lagstrom, Monty Brine, David Warner, Roger Derrick, Richard Tuenge - about 50 people in total attendance MAYOR JUNKER announced that due to the fact that some of the Council members have been out -of -town and also since the Council has not met with the Downtown Retail Council that there would be no discussion of the Lumberjack Days 1982 at this meeting this evening - it will be coming up within the next month or 45 days when a meeting can be stup with the business people to see what changes could be made. INDIVIDUALS & DELEGATIONS 1. NORMAN DAVIS AND LLOYD BERGQUIST appeared before the Council requesting a variance on Lot 8, Penthouse Acres - there is a 50 foot restriction on the north side of this lot which is a deed restriction which will not be changed - the plat when it is approved in the final version will have an easement of 25 feet and the present lot line of the lot is at the top of the interceptor ditch - because of the position- ing of the proposed house and the other setback he requested zero setback on the western edge of the Highway Department's ditch so when the plat is approved would be a full 25 feet from the lot line. MR. MAGNUSON stated that the normal setback in that zoning district is 25 feet from the rear property line - that platted lot owns to the center of the easement subject to the easement of the Highway Department - currently he owns to the edge of the easement - after it is platted he will own to the center line of the ease- ment subject to the highway easement - if that is the case that property encumbered by an easement can be issued a setback that is not built on. -� MR. BERGQUIST stated that there are deed restrictions - Mr. Davis does not have control of that additional 25 feet and it will not come under his control until ' the plat has been approved by the City. MR. MAGNUSON stated that Mr. Davis had been given permission to build there several years ago subject to his promise to cooperate in the signing of the plat. MR. BERQUIST stated that he would be delighted to sign the plat as this would be to the City's benefit and it is to all the property owners benefit in that area. He has checked with the DNR and this fits within their guidelines - it is necessary for him to position the house at the 50 foot north property line which is a deed restriction. DAVID WARNER asked for clarification - when the plat is accepted that the ;slid line that runs in the interceptor ditch becomes the property line and the dotted line which is the 25 foot setback is the present property line and this was indicated as being correct. MR. MAGNUSON asked Mr. Davis if he knew of any restriction that the Highway Department has for a setback and he replied that there was none that he was aware of. QUESTIONS WERE ASKED about the height of the proposed house and it was all within the ordinance, and about referring this to the Planning Commission. MR. MAGNUSON stated that the ordinance states that if the variance or special use permit does not affect the substantial rights of others that the Council may proceed to grant the variance without notice or without a public hearing - if the Council made the determination that it does not affect the rights of anyone else, it is discretionery to proceed to do it. 471` • • • • '472 MR. BERQUIST stated that if it is required - whatever procedure that is necessary he would be very happy to follow - he did not want to by -pass any steps that are required. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the Council referred this variance request for Lot 8 of Penthouse Acres to the Planning Commission for their study and recommendation. (all in favor) 2. CHARLES MARAGOS appeared before the Council regarding the setting of a public hearing for a proposed Industrial Bond sale for Valley Dental Arts, Inc. for a new office building at Northwestern Avenue and Curvecrest Blvd. - the hearing date would be September 15, 1981. On motion of Councilman Peterson, seconded by Councilwoman Avise, a resolution was introduced "CALLING FOR A PUBLIC HEARING ON A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AND AUTHORIZING THE PUBLICATION OF A NOTICE OF SAID HEARING ". Ayes -- Councilwomen Avise and Bodlovick, Councilmen MacDonald and Peterson and Mayor Junker Nays- -None (see resolutions) PETITIONS August 18, 1981 1. From Derrick Land Co. and Our Saviour's Lutheran Church of Stillwater to vacate a portion of West Olive Street. MR. ELLIOTT stated that he could see no problem with this vacation and MR. MAGNUSON stated that by using the stautes we just need the abutting owners petition for this vacation, and if the Council sees fit that they request a resolution preparaed_in__ the proper form - there is no need for a hearing under the statute or notice for same. TOM FARRELL stated that he represented the people along Crestwood Terrace who asked for the vacation of Interlachen Drive and this intersects that property and asked if that could be contiguous and do it all in one piece and the only question chat was given to that request was the utility easement and the possible drainage easement for the new development which goes across there - he was informed by Mr. Folz this evening that that portion that abuts Deerpath has no contest as that is all Mr. Reinke 's property and not Deerpath property - Mr. Reinke wants it vacated - and Deerpath has nothing to say about it. MR. FOLZ stated that the party to the south should get the total ownership - they would gain nothing by the vacation - the only concerns that they have is to make sure that there is drainage coming down there and that they be protected on the existing power poles being on an easement. MR. ELLIOTT stated that drainage is an issue in that area and there is erosion in the one area and MAYOR JUNKER asked Mr. Elliott to take another look at it to see if it would be good to vacate it, so that they can take action on this at the next meeting. MR. FOLZ stated that they could see no need for this street go go through there and that Mr. Derrick should make that final decision - Interlachen Drive. On motion of Councilwoman Avise, seconded by Councilman Peterson, a resolution was introduced "VACATING A PART OF OLIVE STREET ". AYES -- Councilwomen Avise and Bodlovick, Councilmen MacDonald and Peterson and Mayor Junker NAYS - -None (see resolutions) 2. From Bruce Folz requesting the vacation of an old street - Wisconsin Avenue - in the area of the Oak Glen Development. In the plat of 1860 this street was called Wisconsin Avenue and was never vacated when the plat was vacated - it is 60 feet by one - quarter mile and on the other end it would be 30 feet by 610 feet and it all is now part of the Oak Glen Development - it is not on any of the current City plats or maps that are currently in use. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, a resolution was introduced "VACATING A PART OF WISCONSIN AVENUE AND THE WESTERLY EXTENSION THEREOF" AYES -- Councilwomen Avise and Bodlovick, Councilmen MacDonald and Peterson and Mayor Junker NAYS - -None (see resolutions) • • • August 18, 1981 UNFINISHED BUSINESS 1. On motion of Councilwoman Bodlovick, seconded by Councilman Peterson, the Mayor was authorized to sign the Letter of Understanding regarding the main- tenance of certain roads between the City of Stillwater and Stillwater Township. (all in favor) 2. On motion of Councilman Peterson, seconded by Councilman MacDonald, a resolution was introduced "SETTING THE HEARING DATE FOR THE PROPOSED ASSESSMENTS FOR LOCAL IMPROVEMENT NO. 186 FOR SEPTEMBER 15, 1981 ". AYES -- Councilwomen Avise and Bodlovick, Councilmen MacDonald and Peterson and Mayor Junker NAYS - -None (see resolutions) 3. On motion of Councilwoman Bodlovick, seconded by Councilman Peterson, a resolution was introduced SETTING THE HEARING DATE FOR THE PROPOSED ASSESSMENTS FOR LOCAL IMPROVEMENT NO. 188 FOR SEPTEMBER 15, 1981 ". AYES -- Councilwomen Avise and Bodlovick, Councilmen MacDonald and Peterson and Mayor Junker NAYS - -None (see resolutions) 4. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, a resolution was introduced "ADOPTING THE COMPREHENSIVE CITY PLAN, PROVIDING FOR THE PERIODIC REVIEW THEREOF, AND PROVIDING FOR THE INTEGRATION OF CAPITAL IMPROVEMENT PROGRAM- ING AND PHYSICAL DEVELOPMENT THEREWITH ". AYES -- Councilwoman Avise and Bodlovick, Councilmen MacDonald and Peterson and Mayor Junker NAYS- -None (see resolutions) 5. On motion of Councilman Peterson, seconded by Councilwoman Avise, the Council referred the final plat of Oak Glen to the Planning Commission as recommended by the City Coordinator. (all in favor) 6. Mr. Derrick stated that they have financing lined up for the Deerpath Development and there are certain lender requirements and they want to make sure that everything is approved - they have already had commitments from their lenders and would appreciate approval at this time On motion of Councilman Peterson, seconded by Councilman MacDonald, the Council approved the plat subject to its endorsement by the Planning Commission. (all in favor) (Councilman Peterson made a previous motion which was seconded by Council- woman Avise, to refer this plat to the Planning Commission on August 24th and Councilman Peterson offered the new motion which was duly passed) NEW BUSINESS 1. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the Council appointed C. Jay Sleiter to fill the vacancy on the Planning Commission as recommended by Mr. Farrell. (all in favor) 2. On motion of Councilwoman Avise, seconded by Councilman Peterson, the Council set the date= of the public hearing on Case No. 423 for Mark Snow for a garage variance for September 1, 1981 at 7:30 P. M. (all in favor) 3. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, 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) 4. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the Council set the date of the public hearing on Case No. 424 for Paul Bartlett, 224 North Harriet Street for a minor sub - division and lot area variance for September 1, 1981 at 7:30 P. M. (all in favor) INDIVIDUALS & DELEGATIONS (continued) None at this time • 473'' • • • '474 • 1 August 18, 1981 APPLICATIONS On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the following Contractor's Licenses were approved: (all in favor) A. D. K. General Construction & Excavating Co., Inc. Clear Lake, Wisconsin 54005 General Blacktop Concepts 2620 Keller Parkway, Maplewood 55109 Central States Waterproofing 7693 Main St., N. E., Fridley, Mn. 55432 Comfort Insulation Co. 3866 Effress Rd., White Bear Lake55110 Christ Madsen Masonry Box 271 -A, R. f2, Hudson, Wi. 54016 Mon -Sons, Inc. 14560 Martin Drive, Eden Prairie. Mn. 55344 Michael Rivard R. R. U1, Box 150 -A, Stillwater Safeway House Movers, Inc. 8955 - 235th N., Forest Lake 55025 Blacktopping Water- Proofing Insulation Masonry & Brick Work Masonry & Brick Work Masonry & Brick Work Excavators New New New Renewal Renewal New Renewal New BEER PERMITS On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the following Beer Permit was approved: (all in favor) St. Mary's Church South Fifth Street, Stillwater Wild Rice Festival, Sunday, September 13, 1981 12:00 P. M. to 5:00 P. M. (sell and consume) COMMUNICATIONS - -From the State of Minnesota, Bureau of Mediation Services giving a change in the meeting date for the Police mediation to August 26, 1981. Mr. Kriesel informed the Council that he has a conflict on this date and the City will be represented by Cy Smythe and requested that some of the Council members plan to attend. - -From Paulette Batchelor, 2820 Icerose Lane regarding an ordinance for cats. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the Council referred this letter to the Public Safety Committee for their study and recommendation. (all in favor) CITY CLERK'S REPORT (continued) 1. On motion of Councilman Peterson, seconded by Councilwoman Avise, the Council set the date for the public heathg for Case No. 425 for Cleon Carley for a minor sub - division for property on West Wilkins Street for September 1, 1981 at 7:30 P. M. (all in favor) COUNCIL REOUEST ITEMS COUNCILWOMAN BODLOVICK reported that she received a phone call from a resident on South Sixth Street regarding the on -going garage sales at 108 North Fifth Street, and they feel that it is a business. Mr. Schoen was to be present at this meeting, but did not appear and Mr. Kriesel was instructed to contact Mr. Schoen to make application for a Special Use Permit CONSULTING ENGINEER'S RFPORT MR. ELLIOTT made a short report on the Edgewood Ditch and that some of the Council members wishes to view the ditch before a decision is made on the paire of the problem and this could be an add - alternate or change order on the bids received for Local Improve- ment No. 184 and that these bids could be awarded on October 6th. There has not been a decision as to whether or not they would do the partial or full project. MR. RIEPE inquired as to which proposal the Council proposes to do and MR. KRIESEL stated that this is a General Fund type thing and that the financing could be spread out over a period of time and it would not be a large tax levy type thing. • • • 4 • r, Imme QUESTIONS FROM THE PRESS None ORDINANCES None August 18, 1981 RESOLUTIONS The following resolutions were read and on roll call were unanimously adopted: 1. Directing the Payment of the Bills. 2. Industrial Bond Hearing for the Valley Dental Arts, Inc. 3. Assessment Hearing for Local Improvement No. 186. 4. Assessment Hearing for Local Improvement No. 188. 5. Adopting the City's Comprehensive Plan. - 6. Vacation of a Part of Old Olive Street by the Deerpath Addition. 7. Vacation of a Part of Wisconsin Avenue - Oak Glen Plat ADJOURNMENT On motion of Councilman Peterson, seconded by Councilman MacDonald, the meeting adjourned at 8:40 P. M. Attest: ,+- --- k. ,f - .._ 1/4.1.:c c:_ J' City✓Clerk Mayor • 475 • •