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HomeMy WebLinkAbout1981-12-01 CC MINCOUNCIL CHAMBERS Stillwater, Minnesota Absent: None Citizens: INDIVIDUALS & DELEGATIONS None PETITIONS None December 1, 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: Councilwoman Avise and Bodlovick, Councilmen MacDonald and Peterson and Mayor Junker Also Present: Finance Director /Coordinator, Kriesel City Clerk, Schnell City Attorney, Magnuson Public Safety Director, Abrahamson Superintendent of Public Works, Shelton Director of Parks & Recreation, Blekum Building Official, Zepper Consulting Engineers, Moore and Elliott Press: St. Croix Valley Free Press, Jeanne Landkam,..er Greg Johnson, Bob Langness, Mr. & Mrs. David Raymon, Al Ranum, Bruce Fdz., Mr. & Mrs. Peter Flock, Barb Roettger, Glen Thompson, Marvel Old, Mr. & Mrs. Gary Hanson, Molly Stewart, Mr. & Mrs. George Schmitt, Richard Arney, Dennis Sullivan, Mr. & Mrs. Leo Lohmer, Jim Gannon, Bob Lifton, Gena Easton, Bill Murray. PUBLIC HEARINGS 1. This was the day and time for the public hearing on Case No. 437 for a Special Use Permit for a service station at the corner of Owens and Wilkins Street with a front setback variance of 13 feet, a rear setback variance of ten feet. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on November 20, 1981 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing GREG JOHNSON, petitioner, explained that this would be a convenience type operation with gas as a service and the front of the property is on Wilkins Street and the side - yard will be on the east side. The Planning Commission approed the concept and there are some changes to be made in the setback requirements and he presented to the Council the plans that they have prepared. They will not be going any service work on cars. The rear setbacks are to the north of tte property and there is a problem with the parking around the building the way it is now and they did not have time to take care of that since the meeting last evening - Chuck Swanson has offered the services of his department of the County to work with him for the arrangement of the building or the parking and he felt that they are going to have to ask for some kind of a setback since the pumps themselves are considered a structure and there is no way that they can get the pumps far enough away from the building - one of the variances that they are going to have to ask for is the distance of the pumps from the street and another would either be a side or rear setback depending on which way they orient the building. The will knock down the building that is presently located on the property. The store will be as far back in the corner as they can get it and have as much distance as they can get from the street and as much parking as possbile. They do not plan to start construction until in the spring. When they get the specific location they will be back - he requested approval of the concept to use the property for that particular purpose and come back with the setbacks after they meet with the Planning Commission again. MR. ZEPPER stated that they would have to have a five foot setback on the east side and fifteen feet on the north side and they will probably need a variance on the north side and if they bring it within five feet which would require a ten foot variance on the north side and whatever is needed on the pumps. DAVID RAYMO, 712 West Wilkins,stated that this abuts his property and was in favor of it - at least it is going to clean up the area and would be a good idea and he has no objection to this at 4L1. • • • • • December 1, 1981 esN ', its sae MAYOR JUNKER asked if the Council could give approval with the stitulations regarding the setbacks would have to be met. MR. MAGNUSON stated that they could do that, but it might be better to handle it all in one package - it could be ?hat the property owner to the north would not be in favor of that and if they are not aware of it - he did not see any problem with the zoning since this is "spot zoned" Commercial and filling stations are a permitted use with a permit - he felt that it might be good to deal with all of these "yard" questions at one time. It is a discretionary decision and if the City did issue the Special Use Permit this evening, they would have to compromise any discretion that they might have for the requested variances - it all should be considered in one package. COUNCILMAN PETERSON stated that the report of the Planning Commission indicates that the petitioner is going to come back with more details on the variances and he assumed back to the Planning Commission and he felt that it should be left in the hands of the Planning Commission until they make a total recommendation. It was indicated that the Planning Commission would meet again on December 21st and the City Council on January 5th. MAYOR JUNKER suggested that they show the plans to the Maple Manor Nursing Home since they are the property owners to the north and see how they feel about it and it was requested that notices be sent to the people on the continuance of both of these hearings. On motion of Councilwoman Bodlovick, seconded by Councilman Peterson, the Council continued this hearing to the first meeting in January pending the Planning Commissions recommendations. (all in favor) 2 This was the day and time for the public hearing on Case No. 435 to sub - divide and plat part of the Northeast Quarter of the SE Quarter of Section 20, Town- ship 30 North, Range 20 West, and Outlots "L" and "M" of Oak Glen into four single family residential lots to be known as Oak Glen Second Addition. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on November 20, 1981 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing BRUCE FOLZ explained the location of this plat which is the east central portion of the Plat of Oak Glen - it is bounded on the north by Amundson Drive which is presently under construction, on the east by Old Stonebridge Trail, on the south by property owned by Jim Dallager - the plan for this tract was included in the original preliminary plat and plans for Oak Glen - due to the failure of the annexation of the Smith /Dallager properties to the City of Stillwater they could not include that in the platting of the development and it is now in the City of Stillwater. They did show on the preliminary plat the super- imposed future lot lines for Oak Glen 2nd Addition and it emcompases parts of two Outlots "L" and "M" - there would be four lots involved in that property - the property is all presently served by public utilities with one exception - three of the sewer stub -ins have been installed and the watermain has been constructed along Old Stonebridge Trail - the construction plan as awarded had a provision for an additional service to be provided on the lot line between one and two and the plan at that time v•s to provide sanitary service by a service coming down that utility easement and into the back of the Smith house. Since that time they have presented the preliminary plat of the Dallager Addition which calls for the extension of Amundson Place out into the Dallager property with a cul -de -sac and Mr. Elliott has reviewed the Dallager Addition relative to sanitary sewer and utilities and his recommendation at that point was to serve lots four and five of the Dallager Addition by a sanitary sewer extended from Amundson Drive east to Stonebridge Trail to serve the property in the front. If that is done, then the service for the Smith property should not come down where it was previously planned. He felt that a decision should be made right now on this service to Smiths and then there is some question as to whether or not the City would be able to assess the frontage for the sanitary sewer coming down along Old Stonebridge. MR. ELLIOTT stated that they have reviewed the manner in which property could be served by sewer and would be best to go down Old Stonebridge Trail - it is feasible to do it and it is the best manner in which the property would be served - at the time that Oak Glen went ahead this plat was not available - they think it should be and if Mr. Magnuson agrees with what he has to say with respect to recovering the cost for it - this total property was included in the Oak Glen hearing, primarily because of the watermain on Old Stonebridge Trail and they talked of a service connection charge and he felt that it was possible to extend the sewer with a Change Order on the Oak Glen contract and then when the people connect, they would have a connection charge - that might be feasible inasmuch as they were included in the orginal hearings - that is another issue and they should be served off of the system that is adjacent to the property. MR. FOLZ indicated that they do have the application in and the Planning Commission had a review of the Dallager Plat last evening and they will be requesting sanitary sewer and watermain service for this property and it is very simple how the west three - quarters of that property will be served - Lots 4 and 5 in the southeast corner are the questionable lots and they are going to request utility service • 44\ • • 1 • r 1 • 48 • December 1, 1981 - -this will also serve some of the land owned by Washington County, Mr. Westphal and he was not sure, but felt the property on the east is already served with sanitary sewer. MR. ELLIOTT stated that the Owen Street sewer could not be considered for this area - the manner in which that would be extended on Old Stonebridge Trail and it could possibly be extended a little bit southeasterly if necessary - it would appear that the sewer would terminate in the middle of Lot 5 which is the last lot and it could be extended further if somebody needed a service. MR. MAGNUSON stated that it is clearly within the area that was described and they were given a notice of the hearing and the amount is a small amount compared to the total cost - that angle would be covered on the percent of the total contract - the only question would be whether the unit cost that we told people were going to charge them for a hookup charge would hold on this - he felt that the actual cost in this project would be separated and give them the actual cost rather than give them the $3,000 figure that we had on some of the other parcels within the project. MR. ELLIOTT stated that he has looked at the property on the east side of Old Stonebridge Trail and that may not be developed for sometime - on the west side we are dealing with that very soon - it could be a bookkeeping problem for the City. MR. MAGNUSON stated that the risk could be that the City would carry this on their books for a long time and they would not get the assessments paid off until some- body hooked up to it and that is what they agreed to do in this project with all of these little pieces around there rather than assessing them and have them make a yearly payment. It was indicated that the Smith property would hookup immediately and one of the lots they plan to build in the near future and that would be an assessment that would be paid and some of them would not be on the books for a too locgof a period. No one appeared or spoke to this platting. The Mayor closed the hearing. BRUCE FOLZ stated that when they originally platted Oak Glen there were utility and drainage easements on the rear of all of the lots and on Outlot B and Outlot D which currently runs through the middle of two lots - he requested vacation of the utility easement on the south side of Outlot "B" and the east side of Oulot "D ". MR. MAGNUSON stated that we have done that by resolution in the Hooley Addition where the same problem arose and that was good enough. -- On motion of Councilwoman Avise, seconded by Councilwoman Bodlovick, the Council approved the preliminary and final plat for Case No. 435 for the Oak Glen Second Addition. (all in favor) On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, a resolution was introduced "VACATING UTILITY EASEMENTS IN THE OAK GLEN PLAT" AYES -- Councilwomen Avise and Bodlovick, Councilmen MacDonald and Peterson and Mayor Junker NAYS - -None (SEE RESOLUTIONS) COUNCILWOMAN BODLOVICK asked if there were any park fees due at this time and MR. MAGNUSON stated that this is a minor subdivision and no fees are required. 3. This was the day and time for the public hearing to dtermine whether or not the Conditional Use Permit given to Mr. Richard Anderson to operate a residential facility at 306 West Olive Stret should be revoked Notice of the hearing was published on November 20, 1981 in the Stillwater Evening Gazette, the official newspaper of the City and copies were mailed to all property owners within 300 feet. MR. MAGNUSON stated that the City had served upon it and each of the Council members a Writ of Mandamus which was issued by Judge Thoreen on the 25th of November and it is in effect an injunction that the City cannot proceed with any revocation or change in the license until the judge has a hearing on the 16th of December at 9:00 o'clock and at that time he will decide whether or not the City really has the authority to take any action to revoke the license or if the City can take action inconsistent with the state in their granting of a license - so it does not seem proper to have a hearing on this this evening due to the fact that no action can be taken on it. MAYOR JUNKER asked if anyone could attend the hearing on the 16th and MR. MAGNUSON stated "yes ". • • • 4 A CITIZEN asked about what the citizens could have for input or feelings on this and if it would be of any use of their time to be there and MR. MAGNUSON stated that the only sort of evidence which the court would listen to at this hearing is arguments of lawyers - no witnesses can be called to hearing and anybody that has anything to say will have to do it by affidavit - it is a temporary sort of thing - it is not a full blown trial - it is what is called a motion - you could certainly go and sit in, just out of curosity, but you would not be allowed to particiate in it. Questions were asked if the court tules in the City's favor, would a new public hearing be scheduled and the response was this hearing could be continued until sometime in January when the City receives a decision from the judge. this LEO LOHMER asked if the Council was enjoined from Gating on this /evening and the response was "yes ", and MR. MAGNUSON read at this time the order of the notice of the writ. On motion of Councilwoman Bodlovick, seconded by Councilman Peterson, the Council continued the hearing on the revocation of the Richard Anderson Conditional Use Permit until sometime in January. (all in favor) UNFINISHED BUSINESS 1. On motion of Councilwoman Avise, seconded by Councilwoman Bodlovick, the Council authorized the installation of a street light on the westerly dead -end of West Mulberry Street upon the recommendation of Mr. Shelton. (all in favor) 2. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the Council authorized the signing of the contract with the St. Croix Animal Shelter for 1982. (all in favor) 3. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Council authorized the firm of DeLaHunt and Voto to do the auditing of the 1981 finances for the City of Stillwater. (all in favor) NEW BUSINESS 1. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the City Clerk was directed to advertise for the availability or volunteers for the vacancies to be considered along with incumbents for the various commissions. (all in favor) 2. On motion of Councilwoman Bodlovick, seconded by Councilman Peterson, a resolution was introduced "DIRECTING THE PAYMENT OF THE BILLS ". AYES -- Councilwomen Avise and Bodlovick, Councilmen MacDonald and Peterson and Mayor Junker NAYS - -None (see resolutions) INDIVIDUALS AND DELEGATIONS (continued) None at this time December 1, 1981 APPLICATIONS On motion of Councilwoman Avise, seconded by Councilman MacDonald, the following Contractor's Licenses were approved: (all in favor) Best Construction 16595 Fourth St. N., Lakeland, 55043 General New Signcrafters 7775 Main St. N. E., Minneapolis 55432 Sign Erection New COMMUNICATIONS From the Minnesota Municipal Board regarding a hearing on December 2, 1981 for the Oak Park Heights Annexation which has been postponed until January 27, 1982. (Mr. Kriesel and Mr. Magnuson will study same and report later) - -From the Department of Public Welfare, State of Minnesota, regarding zoning notification of application for Department of Public Welfare Program License. MR. KRIESEL stated that there is an application (DPW -3) request and MR. MAGNUSON stated that is a residential facility and it is within 1,320 feet of the existing residential facility and that is the Richard Anderson Myrtle Street placed and they will need a Special Use Permit from the City of Stillwater. The action that the Council should take is to write the applicant and tell them that a Special Use Permit is needed and also that we should respond to the Department of Public Welfare and since this is within 1,320 feet of an existing one that the City is going to require that it have a Special Use Permit. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the • • • • • 50 December 1, 1981 • City Coordinator was instructed to send a letter to Warm World informing them that they must apply for a Special Use Permit because of the fact that the State requires that under Rule 8 and also respond to the Department of Public Welfare that they will require a Special Use Permit. (all in favor) - -From Carol Hagen, 519 West Pine Street regarding a sewer backup requesting re- imbursement of expenses involved. (There was some discussion as to whether or not the City was liable) On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Council authorized the payment of the Claim of Carol Hagen, 519 West Pine Street in the amount of $82.00. (all in favor) On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, Mr. Kriesel was directed to send a letter to the Corp of Engineers in response to the public notice and indicate that the Council urges that the matter be held in abeyance until there is a public hearing held by the City Council to consider this and other alternatives for permanet docking facilities (all in favor) CITY CLERK'S REPORT 1. On motion of Councilman Peterson, seconded by Councilwoman Avise, the Council set the date of December 15, 1981 at 7:30 P. M. for Case No. 438 for the Interlachen Partnership PUD Concept Request. (all in favor) 2. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the Council set the date of January 5, 1982 at 7:30 P. M. for Case No. 434 for the rezoning for the Paul Emerson property. (all in favor) CONSULTING ENGINEER'S REPORT 1. The day and time for the bid opening for Local Improvement No. 191 for the Street Lighting for the Stillwater Industrial Park Area was November 30, 1981. Advertisements for bids was published on November 13, 1981 in the Constructicn Bulletin and November 9 and 16, 1981 in the Stillwater Evening Gazette, the official newspaper of the City. - -From the Corp of Engineers regarding an application from Captain A Carr Griffith, for a permit to retain a large U- shaped mooring dock at the City's wharf. MR. KRIESEL informed the Council that he and the Mayor had a meeting with some local people that are interested in putting in a much larger dock and it is possible that if some financing can be arranged and with some approvals from the DNR and the other agencies involved that in his opinion might have more value than the docks being proposed by Captain Griffith and he was worried about making a concession or approval to this and the reasons that it has not been brought to the Council is that the people do not have anything definite regarding the funding and the design - he did not know how we could go along with this type of proposal if there is another one being proposed. MAYOR JUNKER is hopeful that they do not want to put in a dock for about 100 boats as most of the citizens do not want that and it was suggested that we have these people come in at the next meeting. COUNCILMAN PETERSON felt that this is a sly move by the Captain and last year he had this dock and wanted to offer it to the City as a mooring for boats around Lumberjack Days time and move out some of the sand and open the channel up and he was just going to put it in there temporarily - apparently now he wants to put it in permanently. He felt that the park frontage that we have needs all the assistance that it can get and being used to the fullest and he felt that it would be a travasity to permit a permanent dock, whether this one or another one to be put directly out from the park concrete. He thought that we should go south to get into an area wh :ch has been under discussion before to work thru the Aiple operation to do some docking down there and to leave the park open so that people who may not be boaters can sit in the park and see the river and not have their view of the river obstructed by boats tied up at a public dock. He felt that the Council s hould go on record as urging the Corp of Engineers not to give favorable action on this and if they were to consider it to have a public hearing - he did not feel that the general public are going to be supportive of a permanent cock, whether it is this one, or one offered by another group - he stated that he would be opposed to it and we should not miss the expiration date of December 21 to express ourselves. MR. MAGNUSON felt that they would have to have a Special Use Permit from the City to construct or maintain something like this even though he does get permission from the Corp - perhaps the Council could send a letter as going on record being opposed to this until the City has a local hearing on this to determine as to whether or not they are in favor of it. • • • • • SIN December 1, 1981 The bids were opendd at 11:00 A. M., November 30, 1981 by Nile Kriesel, Dorothy Schhell, Dick Moore and Ken Meister - there were about nine bidders in attendance. The following bids were opened at that time: Bid No. Bid No. 2 Bid No. 3 Bid No. 4 Bid No. 5 Bid No. 6 Bid No. 11 Ridgedale Electric Longville Bid Bond Total Bid Wagoner Electric Bid Bond Total Bid Collins Electric Bid Bond Total Bid Killmer Electric Bid Bond Total Bid Electric Service Bid Bond Total Bid Hoffman Electric Bid Bond Total Bid Bid No. 7 Donovan Construction Bid Bond Total Bid Bid No. 8 Electric Repair Bid Bond Total Bid Bid No. 9 Lakeland Electric Bid Bond Total Bid Bid No. 10 Egan -McKay Electric Bid Bond Total Bid North Country Electric Bid Bond Total-Bid Bid No. 12 L P D Electric Bid Bond Total Bid $97,569.76 $119,649.35 $119,722.10 $129,730.00 $131,999.42 $134,918.00 $136,679.61 $138,480.90 $140,292.70 $142,340.04 $144,450.70 $150,707.93 (continued on page 52) 5j • 1 • 11 • • • X 52 • 1 Bid No. 13 Batzli Co. Bid Bond Total Bid $161,895.74 MR. MOORE distributed to the Council the bid results for the Roadway Lighting for the Industrial Park Local Improvement No. 191. He has checked on the apparent low bidder as to their performance and from the information he was able to obtain their performance may require more inspections as they are a fairly new firm (only being in business for about two years) He would - econmend the awarding of the bid to Ridgedale Electric, Longville if after the assessment hearing the Council wishes to award the contract - there is a seventy day hold on the awarding of the contract. Their bid was $97,569.76. (No action taken at this time) 2. The day and time for the opening of the Bids for Local Improvement No. 193 for the drainage for the Edgewood Ditch was December 1, 1981 at 11:00 o'clock A. M. Advertisements for bids were published on November 20, 1981 in the Stillwarer Evening Gazette and on November 27, 1981 in the Construction Bulletin. The following bids were opened by Dorothy Schnell, Nile Kriesel, and Ken Meister (Short - Elliott- Hendrickson Miller Excavating Bid Bond Stillwater Total Bid $14,946.00 Forest Lake Contracting Bid Bond Total Bid C. W. Houle St. Paul Bid Bond Total Bid T & S Excavating December 1, 1981 $17,200.00 $20,014.00 Bid Bond $20,586.47 Total Bid $ MR. MOORE distributed to the Council the results of the bid tabulations for this project and there was discussion about the financing of this project - either that when the definitive bonds for both the Deerpath and Oak Glen that this c.>uld be included as part of the cost of the project - finance thru the money that we have already received for the other projects. MR. MAGNUSON stated that if it was C. W. Houle that is one thing and if it was at all related to the Oak Glen Project would be another - to use that money for one project that is completely unrelated - if that would be a bood idea - possibly issue a separate bond for this. MR. KRIESEL stated that this possibly would have to be a tax levy - he did feel that we have some money left over from some of the other funds - the debt services will be completed this year and he knows that there is about $16,000 to $20,000 in the debt service funds that have been retired and these would ve surpluses by the time the project is completed. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, a resolution was introduced "AWARDING THE CONTRACT FOR LOCAL IMPROVEMENT NO. 193 FOR THE EDGEWOOD DITCH IMPROVEMENT TO MILLER EXCAVATING IN THE AMOUNT OF $14,946.00 ". AYES -- Councilwomen Avise and Bodlovick, Councilmen MacDonald and Peterson and Mayor .7unker NAYS - -None (see resolutions) 3. MR. ELLIOTT spoke to the Emerson property plat and explained that he was assessed for the watermain that sent in along Orleans and up County No. 5 and the question arose at the Planning Commission could this property be drained, could it be served with sewer and water and he asked for permission to address a letter to the Planning Commission that the answer to all three questions is "yes" and the Council concurred that this should be done. COUNCILWOMAN AVISE asked that he indicate as to where the drainage would go. • • • • 1 4 • teas PUBLIC WORKS r� 1. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, a resolution was introduced "AUTHORIZING THE INSTALLATION OF 'NO PARKING' SIGNS ON THE SOUTH OF LINDEN STREET TO THE EAST OF NORTH EVERETT STREET FOR A DISTANCE OF SEVENTY FEET ". AYES - Councilwomen Avise and Bodlovick, Councilmen Peterson and MacDonald and Mayor Junker NAYS - -None (see resolutions) s • L • December 1, 1981 COMMITTEE REPORTS BUILDING OFFICIALS REPORT 1. MR. ZEPPER reminded the Council of the additional increases for the building permit fees and requested that the Council take the necessary action to put this into effect: On motion of Councilwoman Bodlovick, seconded by Councilman Peterson, the City Attorney made the first reading of an ordinance entitled "AN ORDINANCE AMENDING CHAPTER 33, SECTION 33.01 MINNESCTA BUILDING CODE BY INCREASING THE BUILDING PERMIT FEES ". (all in favor. PUBLIC SAFETY 1. On motion of Councilman Peterson, seconded by Councilwoman Avise, a resolution was introduced "PROMOTING KEVIN CHARLSEN TO CAPTAIN AND INCREASING HIS PAY 50c PER HOUR AND PROMOTING "JON CONATI TO LIEUTENANT ". AYES -- Councilwomen Avise and Bodlovick, Councilmen MacDonald and Peterson and Mayor Junker NAYS- -None (see resolutions) 2. On motion of Councilwoman Bodlovick, seconded by Councilman Peterson, aresolution was introduced "COMMENDING ARNOLD PELTIER FOR HIS YEARS OF SERVICE WITH THE STILL,WATER FIRE DEPARTMENT ". AYES -- Councilwomen Avise and Bodlovick, Councilmen MacDonald and Peterson and Mayor Junker NAYS - -None (see resolutions) 3. was AUTHORIZINGeTHEnINSTALLATIONyOF NO d 2 :00 M. TO resolution otion of A. M.' SIGNS ON THE WEST SIDE OF NORTH SECOND STREET FROM COMMERCIAL AVENUE TO MULBERRY AND ON THE NORTH AND SOUTH SIDES OF CODMDERCIAL AVENUE FROM MAIN TO SECOND AS NEEDED" for snow removal. AYES -- Councilwomen Avise and Bodlovick, Councilmen MacDonald and Peterson and Mayor Junker NAYS- -None (see resolutions) PARKS Es RECREATION 1. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, a resolution was introduced "EMPLOYING WARMING HOUSE ATTENDANTS" as recommended. AYES -- Councilwomen Avise and Bodlovick, Councilmen MacDonald and Peterson and Mayor Junker NAYS - -None (see resolutions) CITY COORDINATOR'S REPORT 1. On motion of Councilman Peterson, seconded by Councilwoman Avis, the Council accepted the bid of $430.00 from Combined Systems Technology for the sale of the Burroughs L -3000 Bookkeeping Machine. (all in favor) 2. MR. KRIESEL informed the Council that there will be a joint meeting of the three City Councils on the Cable Joint Agreement at 4:30 P. M. on December 8, 1981 at the Oak Park Heights City Hall. 3. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the Council authorized the City Clerk to advertise for the official advertising for the City of Stillwater for the year 1982 with bids returnable on November 15, 1981 at 7:30 P. M. (all in favor) 4. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the Council authorized the signing of the permits from Burlington Northern Railroad to install a water pipe under the tracks in two locations and authorizing the payment of the the fee of for the for the and $200.00a on for the next ten years. (all in favor) • 1 • / 54 December 1, 1981 5. MR. KRIESEL informed the Council that Mr. Glen Van Wormer put together some materials on the downtown traffic re-- alignment and has included all of the letters that the City had received and he has prepared a letter for the Mayor to sign stating what the City's concerns are and this will be ready for the Mayor to sign tomorrow. 6. MR. KRIESEL informed the Council that there are some street lights that are out downtown and he will have somebody take a look at that tomorrow - there are a whole section of lights that are out and it is possible that during the renovation of the street signals that something did not get hooked up again. 7. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the Council appointed the Northwestern State Bank as the official depository for the City of Stillwater effective January 1, 1982. (all in favor) CITY ATTORNEY'S REPORT 1. MR. MAGNUSON called the Council's attention to the order from the Supreme Court from Judge Scott dismissing the case of Riverside Crane A Diversified Services vs. the City - this was the lawsuit that arose out of the Dutch Elm Contract - their bid was just slightly below that of Haines and since we had a bad experience with a principal of Riverside the suit was brought to District Court and the City prevailed to the District Court and now we have been exhonored in the Supreme Court, so now the Council knows that the action that they took that night was right. 2. The City Attorney reported on the case of John Ogren which involved the assessment appeal of Local Improvement No. 171 of assessments of $53,228 and the judge's order reduced it slightly by a total of $2,228.00. He indicated that the market value was only increased on one parcel by $25,000 and $26,000 on the other and ordered that the City do a re- assessment for the watermain because it completed the loop and he felt that it was of a beneift to the whole City. The re- assessment is limited to the increase in market value to a total of $51,000 and it shall not exceed these increases in value. MR. ELLIOTT stated that this was the only property assessed for the watermain and the City will have to pay the balance. 3. On motion of Councilman Peterson, seconded by Councilwnman Avise, the City Clerk was directed to send the Summons of Dorothy M. Francois to the McGarry- Kearney Insurance Agency. (all in favor) COUNCIL REQUEST ITEMS 1 closing of Orleans Streettto the list CountyRoadfNo. signatures of pseeeitto the re- opened. MR. ELLIOTT stated that there are about $250,000 worth of Federal Aid Urban Funds avail- able but the first priority is McKusick Road and the second was to be used on the segment of Orleans Street, but there is no sewer in this street at the present time, and this would present a problem, but the sewer could go down the boulevard. (The list will be kept on file for action at some later date) 2. MAYOR JUNKER explained to the Council that on Monday, November 23, 1981 he had gone to the City Garage and had taken five loads of sand to sand some of the streets for the City. He was now accused of using some of this sand for sanding Nooleys and Cosmopolitan State Bank Parking Lots. He had been issued a ticket by the Stillwater Police Department on Wednesday at ten o'clock A. M. for the theft of the sand from the Stillwater sand pit. He had used this sand to sand North Second Street from Mulberry to Laurel and went up Laurel and by the Linden Nursing Home so that if they needed ambulance service they could get it. He also did North Broadway, Hickory and Elm Streets. MAYOR JJNKER felt that this ticket was unfair and should be dismissed. The City did not have enough trucks to get out and sand and in no way were the City crews able to cover all of the streets that needed to be sanded. He further stated that the sand that he used for the parking lots was from his own sand pile at Maple Island. If there was an error or mistake on his part, it was in taking it upon himself to sand City streets. He had a member of the Public Works crew load the sand for him and at $8.00 per load he did not have to take sand from the City of Stillwater for his own business. He could produce 40 to 50 witnesses that saw him sanding City streets. COUNCILWOMAN BODLOVICK asked if Mayor Junker had used his own truck and whether or not he had turned in a bill for his time. MAYOR JUNKER replied that he used his own vehicle with the help of his business partner and had not billed the City for his work. • • • • December 1, 1981 MR. MAGNUSON explained that the ticket was written Wally h h ha d d n otissed actually witnessed the incident. In view of this, y Abrahamson the ticket and at that point a formal complaint was needed to bring this to the courts. The same officer who wrote the ticket wrote another two page report that was delivered by the officer to the County Attorney's office. This report was then delivered to the City Attorney because the charge constituted a misdemeanor - the County does not handle misdemeanors. Mr. Magnuson read the report and felt that the report was off base, and that that officer did not have knowledge of all of the facts because the officer had not witnessed the incident. It was Mr. Magnuson's determination that there was insufficient evidence to warrant a theft charge. It has long been a City policy that citizens can take sand and that the Mayor had sanded streets without charging the City and that it was a matter of accepting the Mayor's word that he took the sand to sand City Streets. There is no proof of any criminal action. COUNCILMAN PETERSON felt that based on the City Attorney's explanation the matter should be closed. QUESTIONS FROM PRESS REPRESENTATIVES None ORDINANCES First Reading - Building Permit Fee Increases RESOLUTIONS The following resolutions were read and on roll call unanimously adopted: 1. Directing the Payment of Bills. 2. Vacation of utility easements for the Oak Glen Second Addition Plat. 3. Awarding the Bid for Local Improvement No. 193 - Edgewood Ditch - Miller Excavating 4. No Parking - South side of Linden Street ( East of North Everett for 70 feet) 5. Promoting u Kevin evin Charls Ca n tom ptain and Jon Conati to Lieutenant in the i 6. Commending Arnold Peltier - retiring Volunteer Fireman 7. Restricted Parking Signs on Commercial Avenue and North Second Street (No Parking from 2:00 A. M. to 6:00 A. M. for snow removal) 8. Employing Warming House Attendants. ADJOURNMENT On motion of Councilwoman Bodlovick, seconded by Councilman Peterson, the meeting adjourned at 9:20 P. M. Attest: Cit 1 Clerk Mayor 55 • • •