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HomeMy WebLinkAbout1974-02-12 CC MIN , 122 COUNCIL CBl\MBER Stillwater. Minnesota February 12." 1974 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 ana President Powell Absent: !rone Also present: City Coordinator, Marshall; city Attorney" Kialel: Superinten- dent of Public works, Shelton; Public Safety Director. Abrahauon; Director of Parks and Recreation, BleJcum: Con.ul.tiftg Engineer" Blliott Press; Stillwater Bvening Gazette - Douglas Seitz WAVR - John Banvelt Citizens: Jerry wallace, John DeCurtins, Jr., Jack Dielentheis, Ivan Wei.., Dick Cl_r" Bidders on the pumper truck: Mr. Wilbur Bahn,80b Steindorff, Rod aernu, Mr.& Mr8. BroDson SiaDnet, Mrs. JUIiI.'Olsrien, Lea Stepan, Dennis Murphy, Rev. Burrough, Jerry Mahoney, Prancis Rice, Bd Kaeder" David Chial, Richard Cole_ier" Bob Bartbol, '1'i. Bell, Richard Bolly 1. nmInoUALS-DELBGA'1'IOHS-PETI'l'IOHS The scheduled public hearing on the proposed improvement of Owens Street had to be postponed to March 12,. 1974 since the notice of the bearing did not get published in the Still.water Evening Gazette. 2. This was the day and time set for the public hearing on the request of Bernu Constzuc:tion Co. for a Special Use Permit to const:uct an 84 unit apartlllBnt complex on SOuth Greeley Street. The notice of the hearing was published in the Stillwater Evening Gazette, the offlcial newspaper of the City, on February I, 1974 and copies were ailed to all property owners within 300 feet. The Mayor opened the heariDlJ. MR.. BBlUIU presented a set oJ: the proposed site plans and reviewed them with the Council _lIbers. The question was raised about boring tests being made which were complete", last Friday. BRoNSOM SDI>HE'l', 510 South Greeley, asked if anybody had considered the aJlDunt of additional traffic this would pU'C ('In Greeley Street and if anybody knew the amount of traffic on this street at the present time. MAyOR POWELL did state that this problem had crossed his mind. '-- '-- ,- ,- ~'".. ~ . . . (February 12, 1974 ... continued) 123 . , MR. BERNU said there would be two - 42 unit buildings with 84 units in total and 84 garages. The proposed plan meets with all of the city requirements as far as green areas and the other require_nta of the pres81 t code. Part of the hill will be used for a recreation area. COUNCILMAN BALFANZ inquued about the type of soil on the hill and Mr. Bernu said that one area is for garages on the lesser slope on the northwest side, and the hill is steep behind the other garages. They feel that they have met the ten percent require.-nt of the code. MRS. JAllBS01BRIBN, 509 South Greeley Street, said that according to the sazette this apartment unit was not for the upper inco. - it was for tha lesser inco'- group - could we have a lot of slums in this area.. MR. BERNtJ said the rent would be from $195.00 to $210.00 per III>nth on a two bedroom unit. ,-" BRORSON SDI)NE'r said the softball field goes until two in the aoming Elnd wondered if they had. not considered another area around the entire area of Stillwatlr for this complex. He felt that we are cruming 80 much in the Lily Lake area and the net result could be the condeming of this area. MAyOR PONELL stated that the area is zoned Multi-DWelling &DO has been for soM years and is a permitted use, but MR. SIJ<<)1!1B'1' saia that does not .an that you put it in. MRS. BRONSON SIII>NBT asud if the City could not absorb'" this land and MAYOR pOWELL replied that this property was made available to the city for purchase so_ years ago, bu.t the city felt that it hao gone to the limit in recreation expense with the principal facility that is at the Lily Lake park at the present time. This property at the present tiM is owned by a group of people. MRS. O'BR:tE1f said that just because this area i8 zoned MUlti-DWelling doe. not .an that it bas to be 84 apartmlllnts. COUIICILMAR WOJILBRS asked about the density of these apartMnts and the reply waB that it would be 246 (82 one bedroom. units and 82 two bedroom units) - this is below the code requirements;o The question was raised. when this was zoned Multi-Dwelling and this was done when ABC Developers went in there which was about five years ago - the whole area from the Lily Lake Park to the City Limits of orleans Street. MR. BLBKUM stated that Bill Bonse had asked to have this property included in this rezoning at the time that ABC requested it. .... RICHARD CLAMMBR, 413 south Martha Street, stated that the slow pitch league. will not" have any games after 11:00 P. M. 80 there should not be this late noia. proble... ae questioned whether they had considered breakage in their buildings near the fence. MR.. BERND said they wou1d be sixty feet from the fence and that there 'WOuld be a row of Lombar Poplar trees on the JIOrth side and then a driveway and then a front yard of thirty feet. y MR.. CLAMMER added if they had considered the litter problem which could present a problem and MR. 8ERNl1 said that is so_thing that they will have to live with. MR. CLAMMER asked about going into their place to get their balls back and MR. 8BRNU said they were in agreement that the gate and the fence would remain. RON CHRISTOFFERSEN, 324 East st. Croix Avenue, asked what effect the complex would have on the recreation area - an additional 200 people in that area - what the complex or company is going to do help maintain the recreation area. MAYOR pOWELL said he could see that the tennis courts could present a problem but as far as the baseball or softball fields there are scheduled times for that area. DWAYNE NELSON, who owns one of the four-plexs on South Greeley Street said there are 54 units that area now and with the addition of another 84 units that would brinq the total up to 138 which would mean high density housing for that area. He felt '-' . . \. ~ . . . 124 . , (February 12" 1974 - continued) vandalism is a factor to be considered and also the City's policy as it relates to the School District. since they are reluctant to give us any new schools. lie felt that 84 units would compound the problem of noise and not alleviate it. He reoonmend.ed the following alternatives: (1) That the City buy this land and add it to the Lily Lake facility - there is a need for a picnic area au there: (2) Perhaps a long term lease could be plugged into this - u.. the property for park facilities: (3) Zone the area co...rcial and provide an office complex which would be more desirable than an apart_nt complex and bring jobs into the area. MAYOR POWELL said if 80meone hilS land and it is properly zoned. we can' t deprive the person of their right to develop this land unl... it create. it hazard -- we did zone that Multi-Dwelling w MRS. BRONSON SIJI>IIET asked what is the overall view for Gre.ley Street _ is that all going to be zoned Commercial? She did not want to li~ in a high desnity areaw MAYOR POH'BLL said he felt that it lfOuld not be zoned COIIlII8rcial _ farther out is good planning but they 'WOuld not pick a spot in the heart of a residential area for Co_rcial usea. MRS. SIJI)RB'J' said the whole complexion ot Greeley Street is changing and a. a ho_ owner we don't want to add on to ('}ur he_s if this 84 unit apart_nt is to be built in this area which she felt lfOuld zone them out of their hoM.. LES STBPAH, 218 North Martha Street. aaked what the City is going to do with the property on the We.t of Lily Lake as this complex would cut off acces. to this piece of land. (It was agreed that they would .til1 be "able to get to this property). JACK DIBLBlft"BBIS, 1505 North First Str_t. said in the event that the. Council Bees fit to put in these apartments, is there a recollllMlndation fro. the . Planning Collllliss.ton. and is there anything to prevent the future tenants of that place from coII.ing in here to the Council and raising "hell" about the lights and the noise from the arena. TIlE CZft COORDIHA'1'OR read a letter from the Planning Collllission addresaed to Mayor Powell, They requested the following information: 1. Site elevation ana amount of recreation available 2. Determine storII. drainage 3. Investigate a decrease in the unit density 4. An agr....nt. preferably in writing. about the reasonable use of the arena facilities. COURCI:LMAR' '1'IIOJllPSON raised a question about the storm drain - if the run-off would get to the drain in that area. DUANE ELLIOTT said the existing storm 88WE1r on Greeley Street is on the West side of the street ana would be accessible to be connected to the internal system. There would be a concentration of water from the two driveways and it is possible that an additional catch basin would have to be put in on the west side. The sanitary sewer syst. seeu to be adequate ana the water pre.sure would be adequate. The sewage would be pumped up to Anderson Street and flow by gravity to t,h~ "'"1lson Street station. The existing lift station on Greeley Street is sufficient to handle 300 people. MRS. SIJDNBT questioned the ecology of the area and asked about a Mllber of the Council who could help her with 80_ information this and COUNCILMAN BALFANZ said that we have been making studies and we have taken samples down to the sewer plant for testing. Mr. Blekum. could give her this information about these tests. COURCI:LMAN PETERSON asked if the stom sewer from these catch basins would run into Lily Lake and MR.. ELLIOTT said on the northeast corner the discharge would go into the BriCk Pond. He also stated that he will have the studies on the control of the level of the water at Lily Lake available at the next council meeting. He has one reconmendation in that report and it will be presented in about a ,week for review. . . r \.1 . . . o '-/ ,,,,",, ;:.,) (February 12, 1974 - continued) 125 COUNcUMAN WOIlLERS asked about the drainage into the Brick Pond and MR. ELLIOTT said it drains under the road to get back to Lily Lake. MRS. O'BRIEN said that problem with the lights and the r.o1se should be down in black and white to avoid any problems. cOUNcILMAN PftBRSON asked if Mr. Elliott I.ad lookod at the site plan and he said he had briefly and that par~ of the curb ,"",uld have to he removed for the drive- ways and then replaced it weuId DeCOM' a part of their cost---other than that he saw no conflict. MR. IlE1UIU stated that they could as an addendum to their lease agreemants, stating that this activity doss take place in the area and thsre could he noiso and lights that could create a proble... MR.. KDIMIL called the Council's attention to the fact that they can require IIOre than the lllini.... requir_nts if they feel they are justified. That the developer proVide and develop recreation facilities for the tenants. MR. S~ 8aid (1) it a.... to him that there were enough people here Who live on Gr.eley Street that are oPPOsed to this 84 unit with traffic coming and going; (2) Are you Bure that you can take surface water and put it into Lily Lake? (3) Do you feel that the addition of this many people is not gOing to ha... an adverse affect on the recreation facilities the City now owns on Lily Lake. Which is really a "go."? (4) Back at that ti_ you "'ro lillitod as to tho purches. of this property and questioned hOw tho operation is going and if it ,"",uld he POssible to acquire th1a land. and PUt in so_ picnic tabl.....~c. Be could not see how this could pass 8S there did not see. to be anyone here this 8V1tDing who waa in favor of the project. Uo did not foel that it ,"",uld he a hoalthy thing for the City ~f Stillwater, and he could name a half dozen other places that would be azch better ~ Could the City buy the property with the moni.. from the arena? 1ll\1!OR POIiELL stated that .... are operating in the black _ as far as _king any mneyoff the bond i.aue we are not. Perhaps we .houla'~C!OntinU8 the hearing UDtil we get a further study on Lily Lake and some of the questions that have arinn. fro. the Planning CoJmli881on answered. CO~.ILNAR PBTBRsoH said he thought it was inappropriate to approve a COllplex like this. The Council has commissioned the City's Engineer to make a study of Lily Lake and the posBiblity of pumping the lake I. rising water level to JlcKUsiCk Lake. ae felt that the Planning Comnd8s1on had eome valid questions that he would like to see answered. On motion of Councilman peterson, seconded by Councilman Balfanz ,that this hearing be continued and this matter be referred. back to the Planning COnaission for additional study and reOOlll88ndation and that the Consulting Engineer send a copy of his study of Lily Lake to the Planning Commission to use in COnjunction with this request. Councilman Balfanz amended the IIIOtion to add '"that a letter be sent to the County Planner along with a copy of Duane's Study. Councilman Peterson seconded the amendment. (Vote on the amendment and the motion showed all in favor) NEW BUSINESS 1. On IIIOtion of Councilman Peterson, seconded by CounCilman Balfanz ths February 26, 1974 Council meeting will convene at 7:00 P. M. due to the politic~l caucuses being held that evening at 8:00 P. M. TIlE MAYOR OECLARED A RECESS PROM 8: 35 P. M. TO 8: 45 P. M. ) . " '0 1,1 o o ~ .' 126 (February 12, 1974 - continued) INDIVIDUALS-DELBMTIONS-PETITIONS (continued) 3. This was the day and time to open bids on the PUMPER APPARATUS for the Fire Department. The advertisement for bid was published in the Stillwater Evening Gazette. the offical newspaper of the City on January 9. 1974. The following bids 'Were opened by the Ci ty Coordinator I Bid Ro. 1 Rowe Pire Apparatus Co., Inc. Anderson, Indiana Bid Bond Basic Bid $46.180.00 Bid RD.. 2 Luverne Fire Apparatus Co.. Luverne, Minnesota Certified Check Balli Bid $48.387.00 Bid 110. 3 General Safety Equipment Corporation North Branch. MD. Bid Bond 'Basic Bid $47.549.00 Bid RD. 4 ~rican LaFrance Blalira, New York Bid Bond 88810 Bid $48.295.00 On Imtion of Councilman Balfanz, .econded by Councilman 'l'hollpson the.. bids were referred to the Public Safety Depart.nt and the city Attorney for their study and reco_ndation at a later date. 4. This was the day scheduled for the openinoj of bids for the Pour Wheel Self- Propelled Pickup Street _per. The acJvertie..nt for bids was published in the Stillwater Evening Gazette. the offical newspaper of the City and bid proposal forms were sent to prospective bidders. The following bidB were opened at 3;00 P. M. by Mr. Marshall with Jack Shelton and. the Deputy City Clerk in attendance; Bid 110. I Hayden MUrphy Bquipment Co. Minneapolis. Minnesota Bid Bond GrOBS Bid Less Trade-zn Net Bid $20.750.00 6.555.00 $14.195.00 Bid &0. 2 Ball Equipment. Inc. Savage. Minnesota Bid Bond Gross Bid Le.. Trade-In Net Bid $21.345.00 3.522.00 $17.823.00 r ~.~". '--- ~ ~ . . !. . . ~ ~."I l--: v (February 12, 1974 - continued) 127 On motion of councilman Peterson, seconded by councilman Balfanz action on these bids was deferred to the next meeting. 5. REV. C. L. BURROUGHS, pastor of the calvin Assembly of God Church, appea1:'ed be~ore the council regarding the proposed purchase of the Auditorium Building in downtown Stillwater and using it as a Christian center. Be was told that there is concern about the construction of the building and a180 wanted to knoW just what had to be done before he could proceed. JI1t.'!OR POWELL stated that the procedure is to refer this matter to the Planning comdssion and the city's Building Inspector. The Council haa the final action on such _tters and in most instances follow the recollll8ndations of the planning colllllission. on mtion of councilman peterson, seconded by councilman Balfanz that this request be referred to the planning eolllllission and have a decision by the 26th. Also the Cm.ber of co_rce should be involved Bince thiB building is a definite part of the concept plan, nature of the activity to be held here and as to the zoning and whether or not a special UM permit would be required. AlBO should be referred to the Housing Authority. (all in favor). 6. Discussion followed on the proposed electrical rate increase for cuatOMrs in the Stillwater area. The average increase would be a 18 incre.se. The last increase was in 1971 which was approved by the council at thattiM. The State of Minnesota doe. not have State regulations of utilities but.. there i8 a bill in the legislature at this tiM. MR. XVAR WEISS suggested that we see what the other municipalities are doing abov.t this and if necessary take them to court. considerable adverse co_nts were made by the audience and the council and t.here were also somB coaD8nts in favor of the proposed increases. COURCIUIAR PBTERSOR said that he agreed if other colllllUllitieB feel that they have to have so_thing to justify this it would help. The booklet does not show anything as far as figures only percentages, and he felt that there had been incre."s since 1971 and moved that the council should not approve the increase. councilman Wohlers secondeCl the DDtion. (all in favor). '- mD"DlISRRD BUSINESS 1. MR. IVAN WEISS appeared before the council regarding his sewage problem on 107 Lakeside Terrace. He fully explained his problem a.1.d drew on the blackboard his compl4lte system of his septic tank or cesspool and the drain fielas. He feels that he has been getting a lot of surface drainage into his drainfielas. MR. KIMMEL stated that we can't continue to permit Mr. Weiss to let this sewage run into the street. He is going to start to have it pumpea and also possibly reduce his water usage. MR. WEISS said he ff'lt there was negligence on the part of the city in issuing these permits for this area. MR. KIIMEL stated further that Mr. Weiss woulCl have to pump and if he wanted to sue the city he coula do so. MR. MARSHALL .tatedthat we know there is a pollution problem ana it is e"Cpensive to be pumpea. He asked Mr. weiss if it would be possible to have all of his washing done at a laundromat which would cut down the amount of sewage greatly. Also as a.n alternate we could check the leakage into the septic tank. ,~ . . \.' . , / . ~ . 128 ".., (February 12. 1974 - continued) MR. WEISS asked how soon they could expect sewer up '.n that area. MR. ELLIOTT said there are problems due to the distance and the location. The City is hoping to find 8011I8 financial relief under the Clear Water Bill. but met of this mney is going for waste water treataient facilities. The City will have to go through the Corp of Engi~"!.aers to run it into the river bottolD - there are two alternatives.. MR. KDMEL said that Mr.. wei88 has an obligation to stop the sewag8 froll runninq into the stre.t and if he does not. then the City will have to do Bc_thinJ legal to stop hill. Also if so_one e1.8 is running over they will be asked to P\IIIIP alBa.. On mtion of councilman Peterson. seconded by Councilman Balfanz theap!*priate city officials were instructed to. check out. this problea at 107 Lakeside Terrace in order to abate the health hazards in this area. (This atter is to be taken care of Thursday, pebruary 14, 1974 at 8:30 A. M. with Len Revqv.iat, Ray Marahall, Jack Shelton and Lyle Doerr froll waoltington counl::r) . _ BUBnlBSS " lcontinued) 2. on mtion of coancilllan peterson, aeconded by COUDcilDtan Wohler. a resolution was introduced "VOIDING CERTAIN' OUTSTAHDIHG CBBCU". (see resolutions). 3. JIlt. JlABSllALL infor_d the Council that effective January 1, 1974 the,City will be liable for 1.IIlellPloyment compensation for any employee that Work. IIDre than 18 week. and -then is laid off. 4. On IIOtion of Cou t:ilman pet.erson, Hconded by Councilman Balfanz a resolution was introduced IIDIRBCTDIG TIlE PAYMENT OF TIlE BILLS". (see reeolutions) . APPLJ:CA'J"J:OIIS On IIIl)tion of Councilman Balfanz, seconded by Councilman Peterson the following license. were approved: (renewals) Robert Eardley Box 95, Stillwater, Mi.Dnesota General COntra ~or George W. Siegfried 415 Lakeside Drive, Ba1lPOrt, MIl. 55003 GtIleral COntractor Harold Chatterton 204 Horth Main Street, Stillwater cigarett& and Sof~ Dria~ Maple Manor NUrsing 11;)_ 1119 NOrth owens, Stillwater Soft Drink COMMIJIIlCATI011S Prom Joseph M. Silmnet, 120 West Chestnut Street, submitting his name to become a member of the Stillwater Planning Commission. From setty Roney, 510 North Third Street, submitting the name of Mrs. Leslie JUhl, 136 South HOlCOmbe Street, for ~ership on the Stillwater Planning CoBlission. ~ r fm".' .....,.,.. '-- ~ . . . . . j"<<iI: , I.. v - '-' (February 12, 1974 - continued) Froal Mrs. William D. Klapp, 1128 South Everett Street, Thanking the Mayor and the City Council and the City Coordinator for the copy of the resolution commending her on her service on the Library Board. Froll P. A.. Hamm addressed to the Board of Water Conmissioners regarding re- imbursement for thawing services on March 11, 1972. From the Minnesota-W'isconsin Boundary Area Conaission regarding the Senior Citizen HOusing Project in Downtown Stillwater. Prom Save open Space, st. paul, Minnesota regarding open space programs for JIIItropolitan Parks and open Space Legislation. PrOal Mike Greeder, 50S South Martha street, Stillwater regarding the playground ~ui~nt at Washington Park. ProlD John J.. McCarten, Alexandria regarding the franchise for Cable TV. CrI'Y' COORDDJAlJ'OR' S REPORT 1. lilt.. MARSJlALL announced that there will be. a Legislative Action Conference sponsored by the League of Minnesota Municipalities, ThurlKlay, February 28, 1974 at the St.. paul Art. and Science Center, st. Paul. 2. The appointments for the Recreation eoamiBsion will be taken care of at the next regular Meting. 3. 'l'here will be a special meeting of the City Council at 3:00 p. M. Pebruary 13, 1974 regarding the proposed permanent dike plan, the contract for Local No. 49, and the proposed location of the Park Building. co~ REPORTS PUBLIC SAFETY ~. There is a problelD with parking on South Greeley Street for the County Welfare Department Employees.. On mtion of Councilman Balfanz, seconded by councilman Wohlers, the City Coordinator was Clirected to contact the County about the traffic control probl_ on Greeley Street asking them. for a proposed solution Which would be suitdle to both the County and the City. PUBLIC WOJlK!C: 1. The Building Iftspection Department is to be alert4kl that there is a problem with the fence on North Third Street adjacent to a house on the East side where there was a fire sometime ago, and also that condemnation should be pursued for this dwelling. (207 North Third Street). l'nllntI:STRATI:VE No Report 1291. i ,I . . . r . . 130 , (Pebruary 12, 1974 - continued) PARICS AND RECREATION 1. Location of a site for the parks Building (To be discussed on February 13th) 2.. On motion of Councilman Balfanz, seconded by Councilman Thompson the Council approved the change in the charges for ice ti_ from $25.00 to $35.00 for non-prime tiM and from $40.00 to $45.00 for prime ti_ for the 1974-75 season. 3. On motion of Councilman Balfanz, sClconded by Councilman Thompson the proposed pay scale for the lifeguards for the sUlllller of 1974 was approved. (see schedule in the file). CrI'Y A'1"JIDRREY'S REPORT 1. The Municipal Commission has denied the Incorporation request of Grant Township and indicated they are placing a t\lo'O year moritorium on all annexations from Grant Township. C01lSUIIl'DlG EllJINEER IS REPO]ltl' 1. On D)tion of Councilman peterson, seconded by Councilman Balfanz a resolution was introduced "ACCEPTING TBB WORK AND MAKING FINAL PAYMBRT FOR IDCAL IMPROVBMBNT NO. 108 'l'O PEDERSON BROS. n (See resolut-ions). 2. MR. ELLIO'l"J" will present the report for the proposed perlDi!lnent dike site to the Council on February 13th. 3. The roof drain survey is completed and 62% of the 95 business places have one connection or another to the sanitary system. It is hoped that the parties will be notified as soon as this report is received. Four out of the 95 defied tho locations of their drains. ORDINAl!lCES None RESOLUTIONS The following resolutions were read and on roll call were unanimously adopted: 1. Directing the payment of the Bills. 2. Voiding Certain outstanding Checks 3. Resetting the Rearing Date for Local Improvement No. 119 - OWen Street. (Amend Resolution Ho. 5026) 4.. Accepting Work and Making Final payment on Local Improvement No. 108 _ pederson Bros. An.1l'ltmNll'RllJ'l' On motion of Councilman Balfanz, seconded by Councilman w~_~ the meeting adjourned at 11:05 P. M.. ') ~~~~~ Attes:~ ~h,."'~1..et ~y Clerk. Mayor . r. r ~" \.1. " ~ . '- .