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HomeMy WebLinkAbout1981-11-17 CC MIN• COUNCIL CHAMBERS Stillwater, Minnesota REGULAR MEETING WIN Absent: None November 17, 1981 4:00 P. M. The meeting was called to order by Mayor Junker. Present: Councilwomen Avise and Podlovick, Councilmen MacDonald and Peterson and Mayor Junker Also Present: Finance Director /Coordinator, Kriesel; City Clerk, Schnell; City Attorney, Magnuson; Director of Parks & Recreation, Blekum; Fire Chief, Chiai, Superintendent of Public Works, Shelton; Director of Public Safety, Abrahamson; Builing Official, Zepper; Consulting Engineers, Elliott and Moore Press: St. Croix Valley Free Press - Jeanne Landkammer Citizens: None INDIVIDUALS AND DELEGATIONS None PUBLIC WORKS COMMITTEE REPOTSTS PUBLIC SAFETY 1. MR. ABRAHAMSON had a request from a citizen regarding the parking problems at the Mount Vernon Apartments - the request was to paint the curb yellow for about 15 feet on either side of the driveway on Linden Street and one parking space in the front of the building on North Third Street. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Council authorized the painting of the curb for 15 feet on each side of the driveway of the Mount Vernon Apartments on Linden Street and also one parking space in the Third Street side for the dispatching and picking up of passengers. ,.all in favor) 2. MR. ABRAHAMSON informed the Council that he was notified that the rare for their communications system will be $100.00 per month starting January 1, 1982 - it hat, been $50.00 per month up to this time. '1 1. MR. SHELTON explained that a Dutch Elm Tree problem with Donald Johns on, 723 West Anderson Street in which two trees were charged to this property owner and one amount was certified - there were two amounts involved - $150.00 and S173.98 totalling $323.98 and since these trees were actually in the City's street right -of -way, they should not have been charged to Mr. Johnson and recommended that the City rr.imburse Mr. Johnson the $323.98. On motion of Councilwoman Bodlovick, seconded by Councilman Peterson, the 14 Council authorized the payment of $323.98 to Mr. Donald Johnson, 723 West Anderson Street for Dutch Elm Trees erronously charged to him which were actually an City 40 property. (all in favor) 2. MR. SHELTON reported on the lids received for the work to be done on the Edgewood Ditch - the Houle quote was $16,514 and Pete Miller was $12,758. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the Council directed the Clerk to advertise for bids for the Edgewood Ditch Improvement, said bids to be returnable on December 1, 1981 at 11:00 A. M. (all in favor) FIRE CHIEF MR. CHIAL broughtup the matter of the naming of the streets in the new plats that have been accepted and also those that have been approved - there seems to be no set policy and it was brought out in the discussion that some years ago the City did not chose to go with the County numbering and naming system - it is too late to get involved in an alphabetical system. The consensus was that the Planning Commission should study this matter and get some recommendations from the Police and Fire Departments. BUILDING OFFICIAL MR. ZEPPER called the Council's attention to the letter that he had written to an owner of property at 220 West Stillwater Avenue about repairs and if they are not made it will have to be condemned. • • • 4 1 November 17, 1981 PARKS AND RECREATION MR. BLEKUM distribu'ed to the Council copies of a work program for his department and he will have an activities report for the Arena for the next meeting. CONSULTING ENGINEER'S REPORT 1. On motion of Councilwoman Bodlovick, seconded by Councilman MacDonald, the Council ratified the change in the date for the public hearing for the proposed assessment hearing for Local Improvement No. 191 to December 15, 1981. (all in favor) 2. MR. MOORE reported that C. W. Houle has taken care of the sewer problem on Hickory Street between Fourth and Second by the placement of some concrete for a temporary solution to keep the wall from eroding any further. 3. MR. MOORE reported on the request from Grady Thompson about raising the level of the Brick Pond and they will shoot the inlets to see ehat effect this will have on the abutting properties - at the present time due to the shortage of rain the pond level is considerably below the outlet. 4. MR. MOORE explained the various requests that they have been receiving from different properties adjoining Amundsen Drive fez utilities - Henry Amundson has requested one and Mr. Liberty would like to have two for his additional property and in some cases this would involve more or less private services across private property which the Water Department and the City are opposed to. MR. MAGNUSON suggested that the easements could be extended, but Mr. Moore stated that Mr. Amundsatis not interested in an easement or road over his property. M. MOORE explained to the Council in detail the manner in which they could provide water and sewer to these various properties and also add another nydrant at the end of the line. Questions were raised about how the Westphal property on Sycamore could be served and MR. MOORE state-2 that Dennis McKean felt that these people should come to the Water Department and petition for this service. CITY ATTORNEY'S REPORT MR. MAGNUSON explained to the Council the Joint Powers Agreement for Cable TV and the matter of the termination clause and there was considerable discussion on this and it was agreed that the Council would consider this at 6:30 P. M. on Tuesday, November 24th. CITY COORDINATOR'S REPORT 1. On motion of Co,mcilvrman Bodlovick, seconded by Councilwoman Avise, the Council directed Mr. Elliott to prepa,.: an inventory of what should be done in conjunction with the County's proposed improvement of South Third Street from Chestnut Street to Walnut Street (curb, gutter, services and sidewalks, etc.) (all in favor) 2. MR. KRIESEL reported to the Council on the mediation of the Police Union Contract and that the police had met on ratification this afternoon and that they were opposed to the dollar figures of $95.00 for 1981 and $105.00 for 1982 for the hospital benefit coverages which would include $10.00 toward a dental plan - they want the current langugage to remain in the contract of 100% coverage. The Police Union is preparing the contract and the Council will go over the language when they meet on November 24th. 3. MR. KRIESEL informed the Council that the cost of the installation of an additional line at the street garage telephone system would be $100.00 and the usage charge would be $25.00 per month. (The Council will take this under advisement). COUNCIL REQUEST ITEMS 1. COUNCILWOMAN ANISE had a request for a street light at the west end of Mulberry Street and Mr. Shelton was directed to check this out and report back to the Council. Adjournment -- On motion of Councilwoman Avise, seconded by Councilman MacDonald the meeting recessed at 5:15 P. M. until 7:30 P. M. Attest: .1.,,_. :17y /2. i ,.z . City Clerk 2ee ,t / (7'zlt— Mayor • • • • • Wel ODhNCIL CHAMBERS Stillwater, Minnesota RECESSED NEFF NG Novesher 17, 1981 7:30 P. M. The meeting vas reconvened by Mayor Junker. The Invocation was given by the City Clerk. Present: Coimcilwomvn Avise and Bodlovick, Councilmen MacDonald and Peterson and Mayor Junker Absent: None Also Present: Finance Director /Coordinator. Kriesel City Clerk, Schnell; City Attorney, Magnuson, Consulting Engineers, Fbore and Elliott Press: St. Croix Valley Free Press - Jeanne Landkammr Citizens: Mrs. Leo Casanova, Dick Ritzer, William McKnight, Jr., Don Raleigh, (bry Zeupfer, Al Raman. Mike O'Brien, Tan Cropp, Dick Jeans, W. & Mrs. Paul Halverson, Tan Meister, Merl Meister, Mr. & Mrs. Gary Hanson, Mr. & Mrs. Leo Joker, Danis Sullivan, Marvel Old, John DeQatins, Mr. & Fts. Richard Anierson, James Lammers, Jim Gannon, Mollie Stewart Gen Easton INDIVIDUALS AND DELEGATIONS, 1. DICK JEANS, representing the Downtown Retail Council, appeared before the Council requesting "free parking from Thanksgiving Day thru December 31, 1981" - they will purchase bags to bag the meters and take them off at the end of the time period. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the Council authorized free parking from Thanksgiving Day thru December 31st with the understanding that the Downtown Retail Council will purchase the bags and put them in place and remove them. (all in favor) 2. JAMES LAMMERS, representing Richard Anderson, appeared before the Council regarding the Richard Anderson Group Home Facility at 306 West Olive Street and the conditions of the permit that was issued on April 20, 1981, and the history and sequence of events that led up to the conditions of this Conditional Use Permit. The primary concern is the number of persons to be allowed under this permit - their license from the State was for ten and the Council had made a motion to restrict it to six other than the Anderson children that live in the same home He stated that the state feels that it is condusive for the ten females that was issued on their license. He stated that if the Council wishes to amend that permit it requires a public hearing and no such public hearing was held. COUNCILWOMAN AVISE stated that at the meeting in May the determination was made that we could be more restrictive than the State, and that was at that time that the City could not allow two residences within the distance that they could be more restrictive than the State. MR. MAGNUSON stated that the advice that he gave the Council at that time was if there were going to be more restrictive than the State that there should be some necessity of need shown in the record - when you go to District Court you go on the record and his concern was that the record was adequately supported since they had not addressed that issue at any publi,: hearing - that was just legal advice - he felt that the issue is also there where the fact is that the reason for the State allowing the City to prohibit them that close is the issue of density and the mere fact of the proximity of the two homes would be enough of a basis - that fact in itself would limit the number without any additional showing - this is given recognition in the State Statutes. MAYOR JUNKER asked Mr. Lammers if he and Mr. Anderson intend to live up to the contract and MR. LAMMERS responed that the Andersons feel and they are entitled to a permit and a license for ten people in this facility - if that is not the Council's request, then he stated that there should be a hearing to determine the issue of what is best for the kids in that facility - should it be ten or should it be six. Their request is for a Special Use Permit to conform with the license for ten kids - those ten kids not to include the Anderson children, and they preferred to work with the Council on this matter. They have attempted to live with the conditions of the license issued by the State and that they were living with the concerns that the Council had that the Anderson children should be counted, and this has always been their position. It has worked very well with the ten and there have been no problems with the children in the facility and with the neighborhood. COUNCILWOMAN BODLOVICK asked if they chose the State license vs. the City's permit and MR. LAMMERS stated that this was clarified to be ten and they have not been back since April 20th. It is not the State's intent that the Anderson children be counted in the ten and that if the Anderson children were to be included, they wanted the number increased to fourteen. • • • 40 • November 17, 1981 PublicLWelfare0datted November 1981 whicn from of December Department Dec mber1, 1981 Mr. Anderson's home will correspond with the City's Conditional Use Permit showing that they will have only six females between the ages of 16 to 18 years of age. MR. ildr overeands abovehthetAndersona Special children ,andirequest Permit a public hearing on change. GARY HANSON, 309 South Fifth Street, asked how the Council was going to address the issue of the violations for the last six months and now they are talking about in- creasing it to ten and that it was not an error on the State for confirming it. -- COUNCILWOMAN BODLOVICK mood that a public hearing be set for December 1st in which the Council will put the individual on notice that the vitiation of six months out of the Use Permit and clearly violated and that they could lose the COUNCILWOMAN AVISE seconded the motion. a ten and not request include that in set to have the her motion. MR. LAMMERS further stated that their request is for ten children that would not be a part of the Anderson family and this has to be clarified. COUNCILMAN PETERSON stated that the license that was issued here in March was the condition of a license to provide for the natural care and group home service and it is within the definition of a group home - possibly a specialized group home and that _. they should all be talking about the fact that the Anderson children are to be counted - outside ple wedtryetosconfuse then what of the numbes MR. LAMMERS stated that the license states children between the ages of 16 to 18 and there are no the Anderson children, ten o of which n are e young g adults, females 16 toy is if need be 14 four of which 18 years of age. MAYOR JUNKER requested that they put this request in writing for the December 1st meeting. MR. er LAMMERS th andswouldhthisebecaupartoofatheenotice of the public meeting old nt public hearing- t and eirrequest to allow up to ten females. MR. MAGNUSON stated that if there is going to be any change in the Conditional Use Permit then there will have to be a public hearing coidr COUNCILMAN request Nforsadchange iinntthe the permitted in this group home. COUNCILWOMAN AVISE seconded the amendment. MR. MAGNUSON stated that he felt that the Council should have a hearing on the revocation first because if the permit is revoked then the Council not have to decide to amend it and wait to address the change at another time and he would re -apply at a later date. COUNCILMAN PETERSON withdrew his amendment to the motion and the second was also with- drawn. COUNCILWOMAN BODLOVICK restated her motion - that we notify the individuals, Mr. Lammers and Mr. Anderson that for violation of their Conditional Use Permit that was issued on April 20, 1981 and she thought there were six months that were violated out of eight that the Conditional Use Permit has been in effect, that we have a public hearing on December 1st to consider revoking the Conditional Use Permit. (Councilwoman evise's second still stands) Ayes -- Councilwomen Avise and Bodlovick, Councilmen MacDonald and Peterson Nays - -None (Mayor Junker did not indicate a vote) PETITIONS From Im®uno Nuclear Corporation requesting storm water drainage system and easements for Lot One, Block 1 of the St. Croix Business Park, and set a date for a public hearing for the purpose of considering said improvements. On motion of Councilwoman Bodlovick, seconded by Councilman MacDonald, a resolution was introduced "AUTHORIZING THE NITY ENGINEER TO PREPARE A FEASIBILITY STUDY FOR THE STORM WATER DRAINAGE SYSTEM FOR THE ST. CROIX BUSINESS PARK ". Ayes -- Councilwomen Avise and Bodlovick, Councilmen MacDonald and Peterson and Mayor Junker Nays - -None (see resolutions) • • • ■ • n November 17, 1981 1. UNFINISHED BUSINESS On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, a resolution was introduced "VACATING A PORTION OF SOUTH HARRIET STREET, SOUTH OF WEST ANDERSON STREET" (The easterly 10 feet abutting Lots 6 and 7. Block 16 Holcombe's Addition. AYES -- Councilwomen Avise and Bodlovick, Councilmen MacDonald and Peterson and Mayor Junker NAYS- -None NEW BUSINESS 1. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Council set the following dates for public hearings for the cases for the Planning Commission: (all in favor) Case No. 435 - Smith /Dallager /Oak Glen Dev. Co. - Plat Approval - December 1, 1981 Case No. 436 - Dallager /Oak Glen Dev. Co. - Plat Approval and Rezoning - December 15, 1981 Case No. 437 - Petroleum Enterprises, Inc., corner of Owen and Wilkins Street for a service station and variances - December 1, 1981 2. On motiin 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) INDIVIDUALS & DELEGATIONS None J. L. H., Inc. ( John's Bar) 302 South Main Street, Stillwater Kinsel's, Inc. 2nd & Chestnut. Stillwater American Legion Club 103 South Third Street, Stillwater Stillwater Aerie 94, Inc. 227 South Main Street, Stillwater Stillwater Elks Lodge #179 B. P. 0. F. 110 South Main Street, Stillwater Stillwater Country Club, Inc. North Second Street, Stillwater (see resolutions) APPLICATIONS On motion of Councilman Peterson, seconded by Councilwoman Avise, the following Contractor's Licenses were approved: (all in favor) All Construction,, Inc. 10740- 110th St. N., Stillwater General Renewal Fred Deutsch - D & D Cement & Masonry Masonry & Brick Work 635 W. Shryer Ave. & 824 W. Grandview, St. Paul 55113 Renewal Western Remodelers 2529 Nicoll¢ Avenue South, Minneapolis 55404 General Renewal - -On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the following Off Sale Liquor Licenses were granted together with Bonds and Dram Shop Insurance: (all in favor) • Renewal Renewal Meister Corporation 112 North Main Street, Stillwater Renewal Lowell Inn, Inc. 102 North Second Street, Stillwater Renewal - -On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the following On Sale Club Liquor Licenses were approved together with Dram Shop Insurance for 1982: (all in favor) Renewal Renewal Renewal Renewal 1 • • ,'42 • - -On motion of Councilwoman Avise, seconded by Councilman Peterson, the following On Sale Wine License•were approved together with bonds: (all in favor) Brine's, Inc. 219 South Main Street, Stillwater Cobblestone Cafe 324 South Main Street, Stillwater Ming Sun Chu dba Silver Lake Restaurant 214 South Main Street, Stillwater November 17, 1981 COMMUNICATIONS - -From thirteen establishments on North Main Street regarding the vehicular and pedestrian traffic problems on Main Street due to the recent traffic flow changes. MR. AL RANUM was present and made a plea to the Council to get something done about this TOM MEISTER voiced his complaints about people not wanting to come in and buy any quantity of merchandise and then have to carry it any distance - he also felt that permit parking in the Maple Island Lot should only be on the far northerly portion of the lot. He also made comments about pedestrian safety in this area which is very serious. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Council directed that a letter be sent to the Minnesota Highway Department in behalf of the Council and that their concern on this matter is for safety reasons that it be corrected and that such a letter be signed by the Mayor. (all in favor) - -From Richard J. Ritzer, President of St. Croix Cab, Inc. requesting a letter of support or recommendation to be attached to an application for two ambulance licenses from the State of Minnesota. The question was asked if this license application was on file with the City and the response was "no" - not up to this time. (no action taken) APPROVAL OF MINUTES On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, minutes of the following meetings were approved: (all in favor) September 8, 1981 October 13, 1981 October 20, 1981 October 20, 1981 October 27, 1981 November 3, 1981 CITY CLERK'S REPORT ORDINANCES NOne Special Meeting Special Meeting Regular Meeting Recessed Meeting Special Meeting Regular Meeting 6:30 P. M. 6:30 P. M, 4:00 P. M. 7:30 P. M. 5:00 P. M. 7:30 P. M. Renewal Renewal Renewal COUNCIL REQUEST ITEMS COUNCILMAN PETERSON reported that he is continuing to make a study of the parking and traffic on Water Street and how it can be improved. He made comments about the condition of the refuse containers in this area and that something be done about taking care of the overflow same. CITY ATTORNEY'S REPORT (continued) MR. MAGNUSON informed the Council that the Police Department Grievance case will go to court, but it will be sometime in the future. The Clerk asked the Council about the possibility of securing an Off Sale License for the Freighthouse Restaurant so that they can sell wine off sale and the Council will take this matter under advisement. (The Council in the past made a committment to the liquor dealers downtown that they would not issue any additional Off Sale /On Sale Licenses) • • • • • • • r Attest: ci....,- . erk + I City C - erk ■ November 17, 1981 RESOLUTIONS The following resolutions were read and on roll call were unanimously adopted: 1. Directing the Payment of the Bills. 2. Vacation of a portion of South Harriet Street (south of West Anderson Street) 3. Order Feasibility Study for Immuno Nuclear Corporation 4. hpproving the Plans and Specs for Loxal Improvement No. 191 and Directing the Clerk to Advertise for Bids. (repass) 5. Ordering the Assessment Hearing for Local Improvement No. 191 (repass) ADJOURNMENT On motion of Councilman Peterson, seconded by Councilwoman Avise, the meeting adjourned at 8:40 P. M. 413c Mayor 43` • • • •