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HomeMy WebLinkAbout1973-09-25 CC MIN . ( 62 . COUNCIL CHAMBER Stillwater, Minnesota september 25, 1973 7.30 P. M. REGULAR MEETING The meeting was called to order by president powell The Invocation was given by president powell present: councilmen Balfanz, Peterson. Thompson, wo111ers and president powell Absent: None Also present: Deputy city Clerk,schnell: city Attorney, Kimmel: Superin- tendent of public works, Shelton, public safety Director, Abrahamson: Director of Parks and Recreation, Blekum: consulting Engineer. Elliott Press: Stillwater Evening Gazette - Douglas seitz St. paul Dispatch - James Walsh citizens: Leonard Feely, Rev. Charles Johnson, Dennis Murphy. Will Turnbladh. cy Turnbladh, Jerry Mahoney, John DeCurtins. Jr. nIDIVIDUALS_DBLBGATIONS-PETITIONS 1. This was tl.c day am time set for a public hearing on a special Use permit for John JCrOngaard, case NO.. 156. The notice of the hearing was published in the stillwater Bvening Gazette, the official newspaper of the City, on september 14, 1973 and copies were mailed to all property owners within 300 feet.. The Application was approved by the Planning Comission on september 24, 1973.. The Mayor opened the hearing.. Mr.. KrOllgaard was the only person appearing in behalf of this request. No one appeared opposed. The Mayor closed the hearing. on rrDtion of councilman Peterson, seconded by councilman Balfanz the council followed the recommendation of the planning: commission and approved the special USE PERMIT for John J(rongaard to convert a store building at 1112 Sixth Avenue south into living quarters. 2. on motion of councilman peterson, seconded by councilman Balfanz a petition to vacate that portion of Martha Street between Olive and Ramsey was accepted and the Qate of Tuesday, November 6, 1973 at 7:30 P. M. was set for the hearing.. ~ ~, . . \. t '- . '- . . I , ,r"\ v (September 25, 1973 - continued) 63 3. This was the day and time set for a public hearing on the proposed improvement of portions of Section 32 (HOoley-Feely) for the installation of sanitary sewer facilities. The project is proposed to be initiated by Stillwater Township. The notice of the hearing was published in the Stillwater Gazette, the official newspaper of the city, on september 14 and 21, 1973 and copies were mailed to the property owners liable to be assessed. The Mayor opened the hearing. DUANE ELLIOTT said there are several alternative plans for the servicing of the HOOley-Feely area and the lift station on Greeley Street is of sufficient depth to service this property in the future. The question remains as to how we could share the cost of the oversizing. RAY MARSHALL met with the attorney and the Engineer and Mr. Moosbrugger, the attorney for Stillwater Township, to prepare a suggested agreement between the city. HAROlD KIMMEL said the hearing would have to be held because of the possibility of assessing and agreeing to pay at some future date. At the time of the petition there were discussions of sewer facilities and no assessments could be levied until the sewer was actually available to them. under Chapter 429 we will eventually have service to these people and in order to pass these costs on to them, we have to notify them that the project is being built. The hearing closed at 8:40 P. M. On mtion of councilman Balfanz, seconded by councilman Peterson this matter was tabled until such a time as we get some figures from Stillwater Township. 4. REV. CH1\RLES JOHNSON appeared before the Council in reference to his request for sewer conneation to the city of Stillwater's system. DUANE ELLIOTT explained that the recommendation made at the last meeting was that we get a petition for water to add to that portion of the proposed service which is a two inch water service to the church and that it be six inches in diameter. He recommended that this be constructed as a part of the Johnson Bros. contract on the croixwood Fourth Addition as a change order and that the cost of same be charged as a connection charge or that they would have their contractor on the job construct it. - HAROLD K~L said the sewer is a problem and is already hooked up and they are outside of our sewer service area as far as the Metro Sewer soard is concerned. Rev. Johnson has written to Stillwater Township but the injunction still stands - they would permit a temporary connection to the Stillwater Sewer System and at some future date they would be assessed for sewer in that area. He said we are in violation of tl'e Sewer Board' s regulations if we service an area outside of our sewer area - we would have to have permission from the sewer Board. REV. JOHNSON said it was his understanding that they want the best use made of the existing facilities. He has written to the Sewer Board for confirmation to their verbal statement and that it will be followed through with a written confirmation. o~ motion of councilman Balfanz. seconded by Councilman peterson that the water service for the Bethany convenant church be added to the Johnson Bros. contract as a Change Order and the cost of same be passed on to the church. UNFINISHED BUSINESS 1. On motion of Councilman Peterson. seconded by Councilman Balfanz a resolution was introduced "Authorizing Lake Management. Inc. to perform a study of McKusick Lake at a firm price of $925.00. (see resolutions) "''''-''' . . \. ,,- . . . 64 . , ~ . (september 25. 1973 - continued) NEW BUSINESS 1. On motion of Councilman Balfanz, seconded by councilman Wohlers the date of october 9, 1973 at 7:30 P. M. was set for public hearings on Case No. 155 - will C. Turnbladh for a Special Use Permit for apartments in the old Northern states Building, and Case No. 157 - victor Gozzi for a Special Use Permit for a Concession parlour on the river front. on motion of councilman Peterson, seconded by Councilman Balfanz a resolution was introduced ""REPUBLICATION OF RESOLUTION NO. 4897 - Johnston Annexation" (error in legal description in the original publication). (see resolutions). On motion of Councilman Wohlers, seconded by councilman Thompson an E;xcavatorls surety Bond for the Moelter construction Co. was approved. On motion of councilman Peterson. seconded by councilman Balfanz the City Attorney made the first reading of an Ordinance entitled "AN ORDINANCE MlENDINGORDINANCE NO. 501 - AN ORDINANCE REGULATING THE DISPOSAL OF LIQUID WASTE MATERIALS INTO THE SANITARY SEWER SYSTEM". (see ordinances) On motion of councilman Peterson. seconded by Councilman Balfanz the matter of the uncovered dump boxes left overnight in the downtown area was referred to the PUblic Safety Committee for their follow up - that outstanding committee. 6. MAYOR POWELL had a r~quest from a resident on North First Street to have the tQps of some of the trees on North First Street tr immed or topped as they are obstructing the view of the River. Some of these trees are on City property. On motion of Councilman Prterson. seconded by Councilman Balfanz this matter was referred to the Public Works Department. APPLICATIONS On motion of councilman Peterson. seconded by Councilman Balfanz an Excavator contractor's License was granted to HUbbell Excavating. 3340 Watertown Road. Long Lake. Minnesota. (renewal) On motion of councilman Balfanz. seconded by Councilman Pederson a Theater License was granted to Harry Swanson. 215 South second Street. Stillwater. (new - transfer) On motion of Councilman Peterson. seconded by Councilman Balfanz an "Off Sale 3.2 Beer License"was granted to Miriam L. Tobiassen - North Hill Oasis Station. 1101 North Owens Street. Stillwater. (new- transfer) On motion of councilman Peterson. seconded 3.2 Beer License" was granted to Miriam L. 1101 North OWens Street. Stillwater. by Councilman Balfanz an "On Sale Tobiassen - North Hill Oasis Station. (new - transfer) COMMUNICATIONS NonA . .~ . ,~ \.,1 . "- . . . r- J r; ;,~". '- v - .v (September 25, 1973 - continued) CITY COORDINATOR I S REPORT city Coordinator was in attendance the INCA Convention in Boston CONSULTING ENGINEER I S REPORT 1. Mr. Elliott, Len Newquist and Jack shelton met with Dick Sexton of HUd with respect to the work on OWen Street that is to be done next year (South of Wilkins street). He has a verbal approval of a Change Order and they would share 50% of the cost. If this is done, this work could not be assessed to the property owners. These people would be assessed for the sidewalks and part of the right-of-way. DUANE BLLIOTT was directed to discuss with the county as to picking up the 50% of the storm sewer assessment which we would not be able to assess under the Hud program. On motion of Councilman Balfanz, seconded by Councilman Thompson, the Engineer was directed to negotiate with the County for a Change Order for the storm sewers on Owen Street. 2. On motion of Councilman Peterson, seconded by Councilman Wohlers a resolution was introduced "Accepting the Work on Local Improvement No. 115 and Making the Final payment to Dawson Construction in the Amount of $17,464.86". (see resolutions). COMMITTEE REPORTS PUBLIC SAFETY 1. On motion of Councilman BalfanZ, seconded by Councilman Wohlers the Board of Water Commissioners were instructed to make the necessary changes on the hydrants in the croixwood Addition and to bill the City so that the City can recover the cost from Orrin Thompson. ADMINISTRATIVE 1.. Mr. Kimmel and Councilman Balfanz looked at the building behind the Library owned by Dennis Murphy and in which the Margaret Rivers Foundation is inter~~ted in obtaining for parking for the library in conjunction with the city. On motion of CoUncilman Peterson, seconded by Councilman Balfanz, the Consulting Engineer was authorized to make a study of this property as to the estimated cost of repair to the wall and the site grading and preparation for a parking lot and report to the Council. (Councilman Thompson opposed) PUBLIC WORKS No report PARKS AND RECREATION 1. A resolution was adopted at l:heir last meeting endorsing the New Junior "A" HOckey Team known as the Stillwater Lumberjacks under the diLsction of Harry Brown. 2. They are having the Director of Public Safety check out the posSi.bility of a sign for the arena to be located on Highway 212-36. ~~'~ . 1.1 . . . 66 . , \" (September 25, 1973 - continued) CITY ATTORNEY I S REPORT Second reading of an Ordinance - see ordinances APPROVAL OF MINUTES On motion of Councilman Balfanz, seconded by Councilman Thompson the following minutes were approved: August 16. 1973 August 21. 1973 September 11. 1973 September 20, 1973 Bid Opening Regular Meeting Regular Meeting Special Meeting 3.00 P. M. 7:30 P. M. 7.30 P. M. 7.30 P. M. ORDINANCES First aeadinq - Amending No. 501 - "AN ORDINANCE REGULATING THE DISPOSAL OF LIQUID WASTE MATERIAlS INTO THE SANITARY SEWER SYSTEM" Second Readinq - On motion of councilman Peterson, seconded by councilman Balfanz the city Attorney made the second reading of an ordinance entitled "AN ORDINANCE PRO- HIBITING THE DEPOSIT OF STORM WATER IN THE SANITARY SEWER SYSTEM OF THE CITY OF STILLWATER AND PRESCRIBING PENALTIES FOR VIOI,JATION". The ordinance was read section by section followed by roll call after each section and all members of the council voted in the affirmative. The chair then put the question, "Shall this ordinance pass?" and on roll call the ordinance was unanimously adopted. (Mr. Marshall and Mr. Shelton were directed to ~ompose a letter to be sent to all parties who are in violation of this Ordinance) RESOLU'l'IONS The following resolutions were read and on roll call were unanimously adopted: 1. Authorizing Lake Management, Inc. 10 pert'QZUIl a Study of McKusick Lake. 2. Republication of Resolution No. 4897 (Johnston Annexation) 3. Accepting the Work on Local Improvement No. 115 and Making Final payment to Dawson Bros. ADJOURNMENT on motion of councilman Balfanz, seconded by councilman wohlers the meeting adjourned at 9:10 P. M. Qlc&a";,~....ee'" Mayor ~ Attest:,.:<';(--- /;-,/ / >J-~"- //C/ / Deputy City Clerk r- c' '- . . \.1 . .