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HomeMy WebLinkAbout1973-07-10 CC MIN . . I A /' 22 . : COUNCIL CHAMBER Stillwater. Minnesota July 10, 19.,3 7,30 P. M. REGULAR MEETING The meeting was called to order by president PowelL The Invocation was given by Mr. Marshall. present: councilmen Balfanz. Peterson, Thompson, wohlers and president powell Absent: None Also present: city coordinator, Marshall city Attorney, Kimmel superintendent of Public Works, Shelton Public Safety Director, Abrahamson Director of Parks and Recreation, Blekum consulting Engineer, Elliott press: Stillwater Evening Gazette - Anita Buck st. paul Dispatch - Broede citizens: Mrs. Jim plain, Irving Swanson, John DeCurtins, Jr., Mr. & Mrs. Ben McPherson, James t.ammers, Bob Kelly, Captain John Isles, Jerry Mahoney, William Burnett, Ronald Bruchu, Irven Kiesow, John Fazendin, Orrin Thompson and Associates INDZVI.DUALS-DELEMTIONS-PETITIONS T&is was the day and time set for a public hearing on the proposed side yard variance for trven Kiesow. 603 south Broadway. Case No. 147. The notice of the hearing was published in the Stillwater Evening Gazette. the official newspaper of the city. on June 28. 1973 and copies were aailed to all property oWners within 300 feet. The planning Commission recommended the granting of this variance at their meeting of July 2. 1973. The Mayor opened the hearing. JAMES LAMMERS representing Mr. & Mrs. Ben McPherson. 527 South Broadway stated th*t they are the property owners adjacent to the North of Mr. Kiesow - he is opposed to the adverse effect on his property if the garage is placed between the two homes and two of his house wind:>ws cn the South would be looking into the garage. This \<<>uld materially affect the market value of Mr. McPhersonl. home and also deprive him of open space. Mr. Lammers cited the portions of the ordinance which cover such variances and their objections to the granting of this variance. They felt that it would be possible for this garage to be built on the south side of the property where the present driveway goes into the current garage. IRVEN KIESOW stated that he tore off a porch on the back and has put up a new porch and deck. He stated that he haa talked to Mr. McPherson this spring and was not aware of the variance until he got the plans from the lumberyard. He said it is better up front rather than in the back yard a9 there is water and ice in th~ driveway in the wintertime and his tenant has to park in the street. (Mr. Kiesow submitted a metoorandum with 7 statements as to why the garage should be in his sideyard - see the case file.) r r, . " r L._ [ \- '-- . . \ i . . . . ~ ~ I , !"iJj ; ... v - ,~ ,- (July 10, 1973 - continued) MAYOR POWELL read the Findings of Fact from the Planning Commission's meeting of July 2, 1973. Councilman Balfanz asked if Mr. Kiesow could narrow up the width of the garage to 26 feet and still have a two car garage and then not ask for the variance. MR. KIESOW said it could be 22 x 22 and the extra footage could be picked up that way - then there would be very little storage. MR. KIMMEL asked about the locatinn of the garage of the property to the South and MR. KIESOW stated that they have no garage. MR. KIMMEL suggested moving the garage closer to the street and MR. LAMMERS said it appears that a garage in that location is going to have some adverse effect on the South of Mr. McPherson's home. MR. KIESOW said that because of windows they can't go back any further. COUNCILMAN PETERSON questioned whether or not this could be put on the South up closer to the house but MR. KIESOW' has less footage on the South of his MR. LAMMERS said that it appeared to him that it would be his opinion the variance could not be granted under the Ordinance since it does affect the Mr. JlcPhersonls property and it could be built on the South side if it was He felt that the Council should view the location if they are not familiar before they make thei:;: decision. COUNCILMAN PETERSON asked Mr. Kimmel if the Council could approve such a variance and Mr. Kimmel said that it is a matter of justification of the facts. MAYOR POWELL said the Council might postpone the hearing until the next meeting and go look at it. On motion of Councilman Wohlers,. seconded J)y Councilman Balfanz the Council will take a look at this proposed location and continue the hearing in two weeks and Mr. Kiesow will stake out the area on which he proposes to build his garage. 2. ROBERT KELLY appeared before the Council in reference to a mooring or "Wharfage Permit" for the Jubilee to dock in Lowell Park. This would be non-exclusive for the moorage of the Jubilee and all other people of the City and other boaters ..,uld have the right to use it and there would be no expense to the City. They have contracted with NSP for a power connection for their use when docked. MR. KIMMEL felt the agreement is fine and ha3 a thirty day notice of termination. MR. MARSHALL said he had discussed the matter of a feie with them and the figure was $300.00 for the boating season. CAPTAIN .1OHN ISLES explained the method used in mooring the boat when there is high water and other questions that were asked of him. MR. KELLY said this permit would be renewed annually. On motion of Councilman Wohlers,. seconded by Councilman Balfanz said lease agreement was approved and will be executed by the Mayor and Mr. Marshall and the Griffith Marine Engineering and Manufacturing Company. 3. MR. ORRIN THOMPSON AND HIS ASSOCIATES appeared before the Council with a proposed plat for CROIXWOOD FOURTH ADDITION. The Council viewed the maps and several questions were asked and MR. MARSHALL cited the Findings of Fact by the Planning Commission. ~ i l~ I I . . ! ~ . . (Jul~ 10, 1973 - continued) 24 On the third restriction the council felt that a bituminous surface on all four park easements should be required rather than concrete. They deleted the sidewalk on woodridge Lane in alock 7. Vi.scussion was held about the condition of the streets prior to the occupanCY of the houses and it was agreed that some type of classified base or t:.ack coa.t would be put on the streets to avoid plugging up of the sewer ltnes. Also that they would put berms around the manholes. On motion of councilman peterson, se~onded by councilman Balfanz a resolution was introduced approV';.ng' t.he CroisWood Fourth addition subject to the Minnesota 1I.11nj.cipal conwnission order and alsO subject to the recommendation of the Planning Col'lll\il:lsion with the exception of Item No. 5 t.O delete the side- walk on Woodridge and also change Item NO. 3 from concrete to bituminous surfacing on all park easement,. TIlE MAyOR DECLARED A RECESS FROM 8.25 TO 8.40 p. M. 4. This was the day and time set for a pbblic hea!;' ing on the variance request of B & B Builders, case NO. 146. The notice of the hearing was published in the Stillwater Eftining Gazette, the official newspaper of the city, on June 28, 19'73 8llCI copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. MAYOR POWELL explained the matter of a similar ho\1f&e being built in the area on an undersized lot in that this property was ownEld by tbis party prior to the adoption of the subdivision ordinance and had ~id taxes On it but in this case this lot has changed hands and they would have to J:'equires a variance and this council has felt that they should not be allowed to build on theBe undersized lots in some instances. Mr. pauley had req'.1E1sted at variance on this lot which was denied and this information was not given to P &: B Builders.. COUNCIIMAN PETERSON said that he still felt the lot: is too small and Mr. pauley had purchased it many years ago. at MR. BURNE'rI' AND MIl. BRUCHU were in attendance/t.hiS hearing. MAyOR POWELL said there is a difference of opi..,ion moong 'Ute C01Jncil :Qn these matters, and they have come out with split VIOt:.e9 lIOn these requests. COUNCILMAN TlCMPSON said that the planning COIllJlli9s ion baa. a long discussion over this lot (about l~ hours). It is a lot of 5, $00 square feet of land with weeds that are four feet tall which is not being ta\sn eare of and the assessments against the property are not being paid until. soottthinCJ is done with the land~ The only way to qet the assessments and the 'IElSdS: taken care of, and there were some who favored the building of ahouse on it to take c::ar'e of the problems - the land does slope to the south, but this could he ta.ken care of 'With the proper excavation. The Mayor closed the hear ing.. On motion of councillRiln Peterson, Sli!ICOJ1.lled by councilman Balfanz the va<o:iance request of B & B BuildeJ's Eor 811. West Maple Street was dellied as rec:olllMnded by the p1a.nnill.g' commission.. (councilman Thompson oPP..''='aed) s. This was the day and time for the public hear,tng em tlte proposed installation of sanitary sewer on East wilkins Street to serVe tnQ residence at 209 East Wilkins. The notice of the hearing was published in the stillwater Evening Gazette, the official newspaper of the City. on June 26 and J\11y 3, 1973 and a copy was mailed to the property owner proposed to be assessed. ,,- \' . . .J \ ' '" '-- . "'- . . ,~ f":'> p.- b~ rut ... ~ . \,.I - (July 10, 1973 - continued) The Mayor opened the hearing. MR. SHELDON PEARSON, 209 East Wilkins appeared and stated that they felt that this cost was too much money. They have no problems at the present time with their septic tank and MyOR POWELL reminded them that if and when they had problems then the sewer '4<<)uld have to go in and the cost could be even more. The Mayor closed the hearing. On motion of councilman Balfanz. seconded by councilman Peterson the proposed sewer installation for East Wilkin Street be tabled indefinitely. 6. This was the day and time for the public hearing on the proposed installation of sanitary sewers on William Street between 8lm and Hickory Streets. The notice of the hearing was published in' the Stillwater Bvening c:,azette, the official newspaper of the City, on June 29, 1973 and July 6, 1973 and copies were mailed to all property owners proposed to be assessed. The Mayor opened the hearing. MRS. JAMBS PLAU AND IRVING SWANSON both felt the cost was very high. MR. BLLIOTT said the estimated cost was $6,300.00 which would serve 808, 812 and 816 North William and the vacant lot on the BI!.~ sic:le. T~er:e is a. four ,inch main there noW which has been there for six~y years anc:lit ~\llc:l bllll.r..p~aced. ~ith an eight inch main. There woulc:l be no aubatantial sa'Y'i":9:8 to. put sewer !nat the same time as the water.'_.since they are put into separate trenchs. The cost for thefour property owners would be $1,600 or for three would be $2,110.00. The alternate solution would be a manhole at t(le end of the four inch line to determine the depth of the sewer line and then a stub-in to . the vacant lot. The manhole would make it possible to rod out the line if it should become plugged. The cost of the manhole would be $400.00 and the one stub-in would be about '250.00. On motion of Councilman Peterson, seconded by Councilman Wohlers a resolution was introduced "Instructing the Con- sulting Engineer to p:'epare whatever is necessary for a manhole and if possible a stub-in to the vacant property - Local Improvement No. 117. (see resolutions). 7. JOHN PAZBNDIN appeared before the Council in reference to the proposed sewer and water extensions on West St. croix Avenue and. he is willing to waive the hearing and have this work inc.lOOed with Local Improvement No. 117. UNFINISHED BUSINESS NEW BUSINESS 1. On motion of Councilman Balfanz, seconded by Councilman Peterson a resolution was introduced "AUTHORIZING THE PURCHASE OF THE FIRE DEPARTMENT LADDER TRUCK OUT OF FUNDS FROM THE SANITARY SIMER REVENUE FUND TO BE PAID BACK OVER FIVE YEARS." (see resolutions). --', . \ 25 i. . . . i 26 . . ~ . . (July 10. 1973 - continued) 2. On ootion of Councilman Peterson, seconded by Councilman wohlers a resolution was intr.oduced "DIRECTING THE PAYMENT OF THE BILLS". (see resolutions) 3. On motion of Councilman Peterson, seconded by councilman Balfanz a resolution was introduced "PLACING PROPERTY BEWNGING TO LEONARD FEELY AND JOHN HOOLEY. ETAL IN THE RURAL TAXING DISTRICT. II (see resolutions) .. On motion of Councilman Peterson, seconded by councilman Thompson a rasolution was introduced "EMPLOYING DOUGIAS SWANSON AND ROBERT DANIElS AS MEMBERS OF THE POLICE RESERVE".. (see resolutions) On DDtion of councilman Balfanz, seconded by Councilman Peterson a resolution was introduced "CHANGING THE BID OPENING DATE FOP. SID!.WALK CONSTRUCTION, PROJECT L. I. NO. 108 TO JULY 24. 1973 AT 3:00 P. M.... (se8 resolutions).. 6. On IIDtion of councilman Peterson, seconded by councilman Balfanz the bid opening date for trucks for the street department was reset for JUly 24, 1973 at 3:00 P. M. 7. On motion of councilman peterson, seconded by councilman Wohlers a resolution was introduced "CONFIRMXNG RESOLUTIONS NO. 4931 AND 4932" ($110,000 Bond Issue-Croixwood, second Addition) (see resolutions). APPLICAT:IONS On motion of Councilman peterson, seconded by councilman Wohlers the following contractor's licenses were granted: Builders & RelllJdelers, Inc. 2632 Hennepin'. Avenue So. Minneapolis, MIl. SS40e General New cady Construction Co. 1633 B. Old Shakopee Rd. Bloomington, MD. 55420 ROofing and Siding Renewal Rivercrest Construction, Inc. By. 36 Stil~ter, Minnesota 55082 General Renewal Gladstone Improvement Co. 1315 Frost Avenue st. Paul, Minnesota General New The Quimby Co. 2173 Kasota Avenue St. paul, Minnesota 55108 Roofing New 3.2 ON SALE BBBR On motion of councilman wohlers, seconded by councilman Thompson a 3.2 On Sale Beer License was granted to the Stillwater Fire Department for July 11, 1973. COMMUNICATIONS A claim from John T. McDonough for damages which arose out of an automobile accident at Churchill and Martha streets. (no action) ;~ r r , , 1.'0~. ~ "- , \..- . . \ I . . t . . f f !~ 10:14 ... l...) - . '-" (July 10. 1973 - continued) From Herb Le:i:-ght. complaining about a clog owned by James Lammer, 806 West willard street.. (no action) From citizens in the immediate neighborhood of the Ramsey-Grove park area requesting certain improvements in said park. The Recreation Commission will have at their meeting on July 19. 1973. will be notified of this meeting_ a hearing on this matter The parties on this memo From Rod Lawson regarding his notice of assessment on his property on South .Main street. (no action). From stillwater Township regarding an agreement for assessments of benefits by the construction of Oasis Avenue Trunk Line, Stillwater Township project 73-1. Duane Elliott and Ray Marshall will meet with Ken ostlund on this matter and report back to the council. From the 3-M Ski Club thanking the City of Stillwater for the use of the Legion Beach on the Fourth of July. CYTY COORDINATOR I S REPORT 1. On motion of councilman Balfanz. seconded by Councilman Wohlers a resolution was int.roaueed "Commending Joe Carroll on his lOOth Birthday". (see resolutions). 2. Mr. Marshall r~ported the owner of the house on North Third lltreet adjacent to the Library has reduced his price to $9,500.00. On motion of Councilman Thompson, seconded by councilman Wohlers, the City Coordinator was instructed to write a letter to Mr. Dennis MUrphy. the owner of the home at 304 Horth Third Street that we are not interested in this house now or in the future. CONSULTING ENGINEER 1. Mr. Elliott reported on the drainage problem of the pond adjacent to county Road No.5, and proposed that storm sewers in this area be added to the sewer and water improvements for the croixwood Fourth Addition. He has the plans for these utilities alllOst completed and it. copy of said plans will be sent to Stillwater Township . The tentative bid opening date fOr this project will be August 16, 1973. COMMITTEE REPORTS PUBLIC SAFETY 1. On motion of councilman Peterson, seconded by councilman Thompson a resolution was introduced "TO PROl<<)TE JOHN ZOLLER TO TUB POSITION OF ASSISTANT CHIEF IN THE VOLUNTEER FIRE DEPARTMENT AN> INCREASE HIS COMPENSATION $5.00 PER MONTH" as recommended by the Public Safety committee. (see resolutions). 2. On motion of councilman Peterson, seconded by councilman Balfanz a resolution was introduced "EMPLOYING THOMAS ROBERT JOHNSON, 213 NORTH BIRCHWOOD DRIVE AS A COMMUNITY SAFETY OFFICER IN CHARGE OF ANIMAL CONTROL AND PARKING MT.a'TER . 27 I i \ ' . . . 28 . . (July 10, 1973 - continued) ENFORCEMENI' WITH STARTING PAY AT $700.00 per II'Vnth. effective on July 16, 1973 on a 6 month probationery period. (see resolutions). 3. The Metro Area capital Fire Meeting will be held in Stillwater on wednesday. July 11. 1973 and all members of the council are invited. 4. The ladder truck has arrived and there are 13 people trained to use the ladder truck which will appear in the Lumberjack Parade along with the old ladder truck. 5. Mr. Abrahamson reported that he was unable to gain entrance to the Old Salem Church building as it is all boarded up and no exterior fire hazards exist. PUBL:rc WORKS 1. Mr. Shelton again brought to the attention of the council the errors in the plat of the sunnyslope Addition and that he has taken it to the county and they are not responsible to make the necessary corrections. Mr. Kimmel stated that the cost of the plat shoulCl be borne by the property owners. vacil Kalinaff and Barola pauley are owners of SODlf' of this property. On motion of councilman Peterson, seconded by Councilman Wohlers, the city Attorney was instructed to write a letter to the named individuals informing them as to the council's feelings of their res- ponsibilities in this matter. On motion of Councilman Peterson, seconded by Councilman Balfanz a copy of this report is to be sent t.o Dan Stice. (Inspection of the old salem Church property) ADMr'ISTRATIVB NO Report pARICS AND RECREATION NO Report CI'l'Y A'rl'ORNBY'S REPORT 1. There will be a hearing on the forty acres in the Croixwood area tomorrow, July 11th at the Washington County office Bldg. 2. On IlK)tion of councilman Balfanz. seconded by councilman Peterson. the Clerk ID&de the first reading by title of an ordinance entitled "AN ORDINANCE AurHORIZING THE CITY OF STILDlATBR TO COLLECT ITS PARKING METER VIOLATIONS". (see ordinances) APPROVAL OF McrNUTES Balfanz. seconded by Councilman wohlers the following On motion of councilman minutes were approved: June S. 1973 June 12, 1973 June 26. 1973 Regular Meeting special Meeting Regular Meeting 7.30 P. M. 7.30 P. M. 7.30 P. M. r- r- . . \ ':- ,- '- '- . . ,~ - . CJ I"" l"1 c .."~ .... .. \.I .' (July 10, 1973 - continued) ORDINANCES 1st Reading - AN ORDINANCE AUTHORIZING THE CITY OF STILIMATER TO COLLECT ITS PARKING METER VIOLATIONS. RESOLUTIONS The following resolutions were read and on roll call were ul1animously adopted: 1. Accept the Plat for croixwood Fourth Addition. 2. Confirming Resolution 4931 and 4932 - $110.000 Bond Sale - Croixwood Second Addition 3. Loaning of Funds from the Sewer Revenue Fund for the Purchase of the Ladder Truck 4. Directing the payment of the Bills. *5. Rural Taxing District - Feely & Hooley property 6. Employ Doug SWanson and Robert Daniels as Police Reserves. 7. Change Bid Date for Sidewalk Construction Bids 8. ColIIIDBnding Joe Carroll on his 110th Birthday 9. ProllDte John Zoller to Assistant Fire Chief 10. Employ Thomas Johnson as Community Safety Officer 11. Add Mabhole on William street to Local Improvement No. 117 * Not published in required time - repassed July 24. 1973 ~tlRNIlBlI'l' 0:-. motion of Councilman Thompson. seconded by Councilman Wohlers the meeting ~ adjourned at 10:10 P. M. S))~O~ Mayor Atte.&".Q>A'd-~ L0? City clerk ...\- 29 i \ t. . .