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HomeMy WebLinkAbout1974-03-12 CC MIN . . / 138 COUNCIL CIWlBER Stillwater. Minnesota March 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 and President Powell Absent: None Also present: City Coordinator, Marshall: City Attorney, KiDael: Superintendent of Public Works, Shelton: public Safety Director, Abrahamson: Director of Parks and Recreation, Blekwa.: Consulting Engineer, Elliott: Ice Arena Manager, Brothen: Planning Commi.8sion Chairman, Mary Lou True: Washington County Highway Department, Mark Madsen press: Stillwater Bvening Gazette - Douglas Sietz St.paul Dispatch - Jim Breeds WAft - John Hanvelt Citizens: George KUtz, J. B. Brown, AlUla Donahue. John DeCurtins. Jr., Mr. & Mrs. Leroy cuistensoR, Don Jahnke, Dennis Murphy, Jean cecurtina, Francia Rice, Ted Gillen, Robert ThollpllOn, Charles sa1.llOre, LIIs Stepan, HerlllOine 'lObi.ch, Rita Thelen, Mr. & Mrs. Charles Hooley, JilIIIIl!IIB LaDm8rB, Michael Peterson (&ernu Construction), Robert steindorff, Mr. & Mrs. Horman palde, Ro8emary Corman, Blvira Conley, Richard Olsen, Mary McDonough, Mr. & Mr.. Horton ,Cro.., Don Steffan, Mr. & MrSa Bugene White, Jason Setzer, Douglas Wahlquist, Bill SilllDWaki, James Jesse, Jr., (Total of over 100 people in attendance for this ..eting) Gilbert Stenberq, Roger Helson, Leonard McGu.ire, Ervin Heff, Ja..:=k nielentheis, lira & Mrs. Bronson Si.Jmnet, Mrs. J_s S. OIBrien, INDnnDOALS-DBLEGA'l'IOHS-PmITXORS 1 a This was the clay and tiM set for a public hearing on the proposed iIIprove.nt of owens Street between olive and wilkins Streets a The notice of the hearing was published in the Stillwater Evenin!, Gazette, the official newspaper of the City, on February 27th and March 6, 19"14, and copies were mailed to all property owners liable to be assessed. The Mayor opened the hearing. MR1C. MADSEII, Assistant county Engineer, presented the details of the proposed project which will be eight..tenths of a mile with curb, gu.tter, new surfacing (9 ton axel limit), sidewalks, water services. MR. DUAHE ELLIOTT explained that there are six homes that do not have public sewer, and all of the galvanized water services have to be replaced. The details of these costs were given at this time the same as those detailed in his feasibility report in the project filea . r '-" ,~ r- . . t~" \.t . . . . (March 12, 1974 - continued) ..l!.. \ 139 ' DOH STEFFAN, a potential buyer for a piece at property on OWen Street asked about a referendum for these improvements and MAYOR POWELL said there will be no referendum since the situation today is that we have to have sewer and if it 1s available people must hook on. BUIIENE WBrrE, 216 South owens Street, quoted a figure of $82.50 for 7S feet of sid8Walk if done by a private contractor, curbing '!Ould be $108.75, four inches of blacktopping would only run $320 for a total of $610.75 against a total of $1,100.00 that is to be assessed against the said property and questioned why. MR. ELLIOTT stated that sidewalks run 85~ to $1.00 per square foot for about $300 for this iUIOunt of work for 7S feet and curbing 1s $3.50 per lineal foot. He also added that the blacktopping would not be assessed. ,') . MR. KZMMBL stated that all of these items will be bid and final as..s.ment will be deterlDinB d by the actual bid price that the City and the County pay for the project. JASON SBTZBR, 722 West Maple Street, asked if the blacktopping that is going to be put down will be the acoustical type to cut down on noise, and MR. MADSBIf stated that no BOund studies have been IlIIlde. DOUGLM WAHLQUZST, IOD7 Borth owen Street, said he i. currently connected to a private sewer line and he objected to being charged for a COlUliection to the public sewer, but MR. MARSHALL said everybody should be a......d once for a sewer a.se._nt and the Council says that they must pay. MAYOR POWELL said he will have to be aBsessed in accordance with tbe current policy but the Council can change that policy if they 80 wish. MR., WAllQlUIST ..id~ in 1956 there was a mortorium on connection to the eewer and he had to put in a septic tank: and MAYOR POWELL said that he has no inftst- _nt in the complete overall system and will have to be assessed. MR. KUIIIBL told him. that when he had a notice of the assess_nt hearing that would be the appropriate time to object to an assessment on the basis that his property was not benefited by the improw_nt. \.f. MR. 'l'BD GILLEN, 1011 West Myrtle Street, inquired if they would be obtaining additional property for the right-Of-way and MR. MARSHALL said for this portion not, but they did obtain so_ for the north end and the assessment for s_ is to be spread over the whole street. The total cost of this is to be asse..ed and for the portion being improved this year it will be $78,000 and the total estimated cost of the improvement is $103,300. MR. BLLIOTT saia that would be all of the items to be assessed. Out of the $103,300, $2,000 would be paid by the Water Board. MAYOR POWELL said that everybody would pay the $11a57 and then those with hookups WOuld pay in addition to that. (The total estimated cost of the project is $306,000). "~ lIRa '1'II>MPSON inquired about the payment and MAYOR POWELL said they general\" set a policy of ten years for this type of improvement. JAMES JESSE, JR., 214 North OWen Street, asked if NSP and Northwestern Bell had been brought into the project for burying their cables and MRa M!\RSHALL stated that NSP makes a charge for this per home but there is no charge by the phone company. Be will take care of contacting them regarding this. GILBERT S'l"BNBERG, 230 North owens Street, asked if the City was going to have to obtain more property for this street, and MAYOR POWELL said just on the first part which was done 1aat year and it was felt that it would be unfair to levy that against just one portion of the street, so the acquisition will be spread over the entire .treet. ROGER NELSON, 918 North Owens Street, asked about the scheduling of the project and the disruption that it might cause, and MR. MADSEN said they hope to let the bids by May 2nd and have the starting date as June first and a fall completion aate. . . . t . 140 (March 12. 1974-continued) COUNCILMAN PETERSON asked if the part: by Stonebridge School that does not currently have sidewalk would be included in the sidewalk construction and MR. ELLIO'rr said the specifications call for sidewalk on both sides up to the intersection of Wilkins Street. JIIUU( MlU)SBN said there will be four foot walks with two foot boulevards and they won't disrupt the retaining walls. There will be 100% restoration of service into the property and the streets grades will be essentially the 'SamB. The Mayor closed the hearing at 8:05 P. M. On IIlDtion of Councilman Balfanz, seconded by Councilman Peterson a resolution w8sintroduced .ORDERING IJ'IIB IMPROVBMBN'l' OF OWENS STREB'r B_ WILlaNS STREET AND WEST OLIVE STIU!BT AND A1lTIIllRIZING TIIB EXBCUTION OF AN AGREEMBNT BE'l'llEBN TIIB CI'l'Y AND WASIIING'1'ON C01lRTl!' FOR TIIB CONSTRUCTION OF SAID IMPROVEMBN'l'. LOCAL IMPIlOVIlIII!NT 00. 119". (see resolutions). 2. This was the day and tiM for the continued public hearing on the request of Btlmu Construction, IDCa for a special Use Permit to construct an 84 unit mltiple dwelling complex on South Greeley Street. The Mayor re-opened the hearing a GEORGE KU"l'Z. 705 South Holcombe Street. gave a resume of the history of the Lily Lake Beach area and hie connection and involveMnt in....a Be was opposed to the location of the arena at this site because he felt it should have been at the old athletic field. He said the present owners want $80.000 for the property and this 'AOuld be too close to the recreation area and felt the city should conde_ that property and find out the value and the city purchase tile property at a reasonable price a JAMBS LAMMERS. representing the Bernu construction. InCa stated that the property in question is 6Js acres just south of the Lily Lake COmp1exa ,The propertyi. zoned RCM. so zoned since January 1963 which permits multiple dwellings on,this property a A Special Use Permit is required for this type of multiple dwellings which is coll8icJered by the council and the planning ceDissiona The property was acquired ib 1972 for aul tiple dwelling property a Another possible u.. of this property is recreational purposes but it is not feasible for anindoortypli of recreation due to the cost. The City was not financially able to was not interested. when it was offered previouslYa There is a purchase agree.nt; which was executed in November 1973 for this property which was zoned for multiple dwelling and that 84 units could be placed on this property with a special Use permit. January 1974 plans were presented to the City for their review a There have been several appearances before the Planning ceami.ssion and the council and that they were here qain tonite to review the plans in their present status a The following resolution was adopted by the planning Coamisslon at its ...etiDg on March 11. 1974: The Planning colllllission grants concept approval to Mr a Bernu for an 84 unit apartment complex with a minimum of 56 underground garage spaces on South Greeley Street contingent upon the following conditions: The city planning eolllllission be provided with: la netai.. topographic map of no less than two feet contour intervals. 2. Detailed Site plans 3a Grading plans detailing cut and fill area 4a Detailed landscape plans S. Detailed screen plans particularly for the north end of the property 6a Detailed recreation plans 7a Detailed storm sewer plan indicating connection point to municipal system Sa It is further speciSsd that Mra Bernu consult with Mr. william Schwab. the county planner, as to site developmaftt. ~ " ...~, ' '~ '- . . \.' ~,. . . ."" (March 12, 1974 - continued) 141 . . ~ MR. LAMMERS contin~ed that in their discussion following this resolution adoption with the developer they were agreeable to complying with all of the requirements Bet forth by the Planning CoftlD,ission. It will require substantial financing to supply this additional information. He felt that there were two alternative. for the Council - the poSSibility that the city acquire the property for recreation possibilities and that the property owne~s are entitled to the fair market value for the property; and the second, would be to grant the special use permit. He felt the owners and the developers have complied with the ordinance and the zoning possibilities. The property owners do have the right to put their property to the highest ana. best use. The location is more condusive for shopping: as they will be going south from the complex. Bis reviewal of the project is that it would not cause any great amount of trouble as far as drainage is concerned. l ,..., The Mayor declared a recess from 8:25 to 8:35 P. M. - MARY LOU TRUE, CHAIRMI\N OF THE PLANNING AND ZONING COMMISSION, said they have been working on this for two D)nths - the property is zoned for JlUltiple dwelling' use. Their first plan was not suitable for the site and they suggested that. several changes be made and requested certain information on slope profiles. After several meetings they asked that Mr. Schwab, the county plamlin9 Coordinator, look at the lot and the plans. Mr. schwab did send a report to the commission which was used in deliberation on this request. EveDtually, "'''3 gave Mr. Bernu concept approval since the lot was zoned MUlti- I'aaily and that he COM in with the items detailed in the resolution. The planning co.u.ssion had no other course, they needed more information and they recognize the fact that it was zoned Multiple OWe11ing and cUd approve the concept attached to it and the required resolution. when these come back, then they will look at it again. ROBBRT STBINDORI'F, representing the land owners and developers, said that Mr. schwab reco.-nded SOIl8 tennis courts in lieu of the swil'llDing pool but they will have both. lie stated further that tt.:'3 plan being presented this evening was totally different from what the developer had presented to the planning Colllllission. Be added that all they were seeking was concept approval as re- co_nded by the planning eomission. lIB. LAMMERS stated that's not correct - we are seeking a special Use permit. ",,,,,, MIKE PETERSON from Bernu construction, Inc., said this would be a single "'1'" shape building and most of the construction would be down on the flat area of the prOperty. They will not be di8tubing the hill to the back of the property. This new plan does not clutter up the site with buildings as it did before. '- MR. KIMMEL - the property is zoned for the multiple use. There is one alternative the council can place restrictions on the property other than the detailed use as asked for here. They would have to grant a permit for multiple dwellings but they don. t haVfIl to grant this particular planning. They can require the developers to furnish the information. The property i. zoned Multiple Dwelling and because of that it probably is the City.s burden to shoW why they refuse to grant the use in the event that they refuse to grant this special Use permit. !.;,) LEORARD MC GUIRE. 1417 West Pin<.1 Street. said that according to Mr. LalIIDers. statements that this property should be built up with apartments because this was zoned for Multiple DwelliDJs and asked if this was done prior to the present complex at Lily Lake or was it done after the present complex was built? _YOR POWELL said that this zoning was done prior to the construction of this complex. MR. Me GUIBE _ this brought up a question of valu8 and if the original plan was a mi.,take and if our present recreational plan at Lily Lake was not developed at the time, that the property was zoned Multiple Dwelling, that the council take another look at this area not only for this year but for forty years for this site. v . \ . . \. ~ / . . . 142 . . (March 12, 1974 - continued) ERVIN NEFF, 307 East Churchill Street. asked where the critical point is in policy making and MR. KIMMEL said the policy decisions are md. by the City Council and it was their decision to make a zoning change - must have good cause why the zoning is changed. While the Lily Lake project was not developea before this property was rezoned, the Lily Lake property was owned by the city and was recreation property. Be did not feel the difference was significant. JACK DXELBN'l'BBIS, 1505 North First Street, questioned the City's purchasing of thia property if the developer or owners are willing to sell at this time. MAmR PONELL said if the people of !stillwater feel that the Councilor the City should not have this apartment and if they are willing to have the City spend $80,000 to acquire the property for recreational purposes. MARY II: OONOUGB, 1005 West willara street, asked how long since the City has acquired lana for recreational purposes ana MAmR POWELL said the City haBJ\f.t done that at- -anytiM, except receiving 55 acres from orrin Thompson. COUliCIUIAN PETERSON statea that the city purchasea two pieces of property in the Lily Lake area in the last ten years - the old Ice Rouse area fro. SchmDeckel and four hundred feet from. Benson. MARY II: DOROUGH - Was that a general big purchase in proportion to the increase in population? MAmR POWBLL saia that we spent a great Cleal of ..,ney for the arena which wu earurked for recreation ana after the bonding for that the City felt that they haa done what they could for a reasonable time. MARY II: DOROUGH askea if there waren. t funas set asiae to put in an account for future purposes like this and. MAYOR POWELL said that there are two mills levied for park acquisition each year. MARY II: OONOOGll said if the City builas the aike downtown in Lowell park that will take out part of LoWell Park and something should be clone to replace so_ of that. "'lOR POWELL said there are also Revenue Sharing IIrJnies which could be used for tJ:ais purchase. OON JABNKB, member of the Recreation coallission, saia at their last .eting they felt that this property should be purchased by the City. The city is rUftDing into parking probl... now and it is going to get worse. The softball prograas are getting bigger each year, and also we would get the overflow froll the apart- ments in tile current parking lot. It is felt that we should be thinking of our recreational progriUIUI for the next five or ten years. MRS. DUB said the Planning Coaaission last year made an open space Study in 1bi~h they looked at available recreational space and cUd recognize that mre .~ was needed within the coamunity and one of these areas was a portion of the existing piece of property being talked about at this time. The council ear_rud $5,000 for a study to be done and it is still in progress. MR. KIMMBL asked Mr. LaDlD8rs what he llli8ant by "concept approval". MR. LNIMBRS said that inasmuch as the City's ordinance does not provide specifically for concept approval that the developer was asking for a special Use permit with conditions to be imposed by the City, which would require that the developer return to the planning Co.u.ssion and the COUDcil with additional information before a Building Permit could be issuea. MR. BRONSON SII<<>NE'.1', 510 South Greeley Street, said Multiple-Dwelling zoning was possibly good judgment, but since that time we have apartments on the west and apartments on the south, and they were unheara of at that time, and then we have the "gem", our arena. It could be that a aecision made eight years ago might be a misfit now. This property has a house on it and certainly that home would be a crying shame to tear it down. If the city could buy that property at a fair market value and then take some of the property to go with the house and the rest become a part of the park area. We wer. promised a picnic area down there when the arena was put in. ~ ~ . . \.1 '" '- . '- . . (March 12, 1974 - continued) 143 ~""' . - MAYOR PCMELL asked for a show of hands as to those opposed to the construction of this apartment building on this site which was pretty much unaniDJous - one man was in favor. , I, BILL Sn<<MSKI, 1010 North Fourth Street, said he was sympathetic with the people of Stillwater and knows there are DDre people who would like space available for softball, archery i. and picnic areas, but we have COM to a position in our collllllUDity for the City to purchase the property or grant the special Use permit for the apartments. Be noted that there was no provision in the proposed complex for any type of facilities for small children. The question was raised about the taxes and MAWR POWELL stated the value could be about $750,000 in value and we would not have that value on the books.. f""'l &RONSON SIIK)NE'r brought out the fact that the SchoOl District had placed a IIIOrtorium on building and felt there should be some correlation between the council and the School District and also he never heard of approval before seeing the final plans. - MIKE PftBRSOR said he was quoted by Washington. county that t!ley would pay $501 per apar'tlllll!lnt for taxes or a total of about $40,000. Be further questioned the possibility of selling the house that is currently located on this .property for any kind of a price. ,-".~.^t DONALD MRTIN, 718 West MYrtle Street questioned who owned the property and MR. LAMMBRS said M.. S. S.. B. F., Inc. (RiChard Olsen, Richard Kircher, Albert Jreimer, Ern Peaslee and Robert Steindorff). These owners are under the legal obligations of the agreement for the sale of thi;j property to the aernu Con- struction, Inc.. What is before the Council is an application for a special Use Permit.. The contractor is willing to supply the additional information that is needed (ijr requested for the granting of the special use permit. MR.. Me NALLY OF TROOP NO. 98 suggested chan9ing the zoning laws to have con- servation as a good reason for changing the zoning for this area. There is all sorts of wild life here and there could be trails so that people could learn a little more about the environment in Stillwater. MARGE O'BRIEN, 509 South Greeley Street, asked what assurance the people on Greeley Street would have that the traffic from the apartment complex will go BOUth instead of north and the reply was that there was no assurance on this. MARY Me DOl<<>UGR asked if they want the council's approval before they deliver the detailed report and MR. PETERSON that it would cost $20,000 for this addi- tional information and they have already spent $5,000. ,.;,." DOH JABNKB said we (the city) has little dabs here and there given by various people and nothing of any size for recreational use. .... MR. KIMMEL said that according to the ordinance all Multiple Dwelling units require a special Use permit and then the Council gets a chance to look at all of them. l . ... JACK DIELENTBEIS said the Planning commission has recommended this plan and if the city Council grants this concept approval and those eight items are fulfilled, then is the city committed to the apartment complex? MR. KIMMEL said it would be his recommendation to the council if they want these eight items fulfilled, it should be clear that if they get these eight items filled that they should be able to give them the special Use permit. ONE CITIZEN suggested to the City council that their concern should not be with Mr.. Bernu's finances but should be with the Citt's finances and the citizens taxes. They should be concerned with the people'S finances whether they spend $20,000 or $100,000 and that the developer give us a detailed plan of the proposal and that this should be done before they grant this Special Use permit - no permit until the council gets the detailed plans. MR. !C GUIRE asked if the cost could b~ spread over twenty years and felt that there were other places that could be used for an 84 unit apartment complex and that it was not necessary to put that complex in that particular area. . ~ . . \,l . .' . :144 . . " ~ . (March 12, 1974 - continued) A CITIZEN asked what the cost would be to condemn that property and MR. KIMMEL said the actual court costs involved would be $500, but there is ltlme misunderstanding as to what to pay for the property - pay the reasonable market value of the property. Both of the parties have the privilege of appealing to the court and have a jury trial on the damages. COUNCILMAN BALFANZ said at the March 7th kecreation Commission meeting discussion was held on this matter and on motion of Jack Dielentbeis, seconded by Jeannine Hoffbeck recommended that the 1~:;,.;i h.;: acquired by the City. He further asked to be on record ~ use Revenue Shg,::,i.ng for the purchase of this property. MR. LAMMERS said that in order that a build~ng permit can be issued a Special Use Permit must be required and they are re~ue8ting the issuance of Q Special Use Permit for the conat.o:'Qction of the aparl;ment complex with all of the necessary inforJDation prior to the i==".ance of the building permit. They n~4!ld a determination as to "bether they have' coaplied with all of the terms of the ordinance and zoning and the Council can require additional information if there is special consideration involved. COUHCILMI\N PETERSON asked if the Special Use Permit were granted subject to these eight conditions set forth by the Plannihg COmmission, would the Council then be more or less required to grant the perlUit and MR. KIMMEL replied that they ltIIDuld be. MR. SDKMSKI asked. aOOut a petition to help the Council in deciding to: purchase this property. COUNCILMAN THOMPSON stated as far as the conditions set up by the Planning C\lllllllission he didn't feel that they can follow all of these. He really wasn't in favor of the Lily Lake Complex. They do need more parking fOT- the arena bUI: this would .be expensive parking spaces. The city needs to (lxpand their pal'k area but they need areas of space forty or fifty acres. $80.000 is not goi.1g to solve our problems, not particularly in view of thil! apartment. COtJNC1!.MAN WOHLERS said the property'was DrJt for sale to the City - this not a firm price. MR. LAMMERS said in hi~ opiniGu Q~ the present time there is a binding agreement between the property owners and Dernu Construction. They would be willing to sit down and talk to the C.ity about the pw:chase of the area and the agreement with Bernu Construction, but they would be willing to discuss this. ONE PARTY questioned the number of police calls made to this area at the present time and MR. ABRAlJAMSQH said they are in that area quite a bit - practically every night for dOllBstic c:omplaints - not too many problems at the beach and they had two streakers at the arena last night. The Mayor closed the hearing. On motion of Councilman Wohlers. seconded by Councilman Balfanz the Council denied the Special Use Permit for the apartment complext by the Bernu Construction. Inc. COUNCILMAN PETERSON stated that as the City Attorney indicated that if the Special Use Permit were granted subje~t to these eight conditions set forth. it is his opinion that we would be basically committed to an 84 unit apartment. I don't feel that we are voting against the Planning Commmssion. He felt that we must do everything possible to maintain the quality and the level of Lily Lake and if additional blacktop is put in this area, it will add to the drainage area as the water will get there faster and until we have a plan established for maintaining the quality and level of that lake. we would not do anything to adding additional blacktop to that watershed area. (Vote on the m::tion indicated that Councilman Thompson was opposed to denying the special Use permit) '-- ~ . . I.' '-'k,., . . . (March 12, 1974 - continued) --., 145\ ,~ . In the matter of the Application of Bernu construction, Inc.: Roger Peterson. William poWell, Richard Balfanz and George Wohlers, being those members of the Council who voted in the affirmative on a notion to deny said application for a special Use p..:-r.mit, find the following as facts upon which said denial of said special Use Permit was based: I. That the planning and Zoning commission requested certain information set forth in their report from the applicant which the planning and Zoning Commission felt was necessary to the proper consideration of the application by them: that the applicant refused to provide said information and instead requested a con- ditional report by the planning Commission and that because of applicant1s conduct, no final recoft'lDl8ndation was ever made by the planning Coaaission. II. ,..., That the Council concurs with the plam'ling Commission that said information is necessary to a proper determination of the issuance of a special Use permit, and that applicant indicated that it would not provide further information prior to such issuance and that without such information or a recommendation of the planning conmission based upon proper facts, the city had no alternative except to deny the application. - III. That the property in question is of irregular terrian and obviously po.e. serious .torm water disposition problems, solution to which were not pre.entea by applicant: that the storm water disposition proble. created by the proposed complex would aggrevate an already serious high water condition existing ~n Lily Lake, the ultimate repository of storm water from this project: that approximately 2Js acres of the property in question consists of terrain which is not suitable for building or normal recreational purposes and should be deleted from the area to be considered in computing the denaity require_nts of the ordinance: and that the plan which was submitted to the council for con- sideration had never in fact been sUbmitted to the Planning Commdssion as required by law. IV. That in the tmme~iate vicinity of this project there is a large recreational facility which produces considerable traffic, a hospital and a county office building, and ad~itional multiple dwelling complexes and that no information was pres~nted to the council relative to the solution of traffic problems which would occur if this complex were constructed as proposed. dc;a.c () J1 Lo~ ) Jt./IZ-;""'/f<f ':7/ -:~~-ej l",j \~'- ,--_l,,--..i (/ ". \ - ^', \ ( , /t---CL) , " ",--:,' 'rf,:' ' 1;/ ",(Pi /L- " ; r-(_~A / THE Io'AYDR DECLARED A RECESS FROM 10:15 TO 10:25 P. M. 3. MR. JERRY WALLACE, representative from the Northern states power company presented the facts and figures supporting the proposed rate increase fo~ gas and electrical services. There was a short period of discussion following this presentation between the council and the citizens. . . . . . / 146 (March 12, 1974 - continued) On motion of Councilman Wohlers, seconded by Councilman Thompson no action was taken regarding the proposed rate increases. (Councilman peterson opposed) . 4. On motion of Councilman peterson, seconded by Councilman Balfanz the City Coordinator was instructed to inform Mr. Richard Houston that his property at 1817 North Second Street will be included in the stndy of the north. interceptor sewer line and his petition \las accepted. llNFmISBED BUSINESS L On motion of Councilman Peterson, seconded by Councilman Wohlers a resolution was introduced ItACCEPTING THE BID OF BAYDEN-MtJRPBr FOR THE MOBIL SWEEPERIt and Jack and the City Coordinator were authorized to negotiate the possibility of buying back the sweeper which was traded in on this purchase. (see resolutions) 2. MR. MARSHALL reported that the dwelling at 207 North Third street as inspected by Mr. Lawson should either be demolished or make the necessary repairs to conform with the uniform Building Code. 3. There will be a meeting with the Chamber of COmmerce and the owners of property in the downtown area that have roof drains that are hooked up to the sanitary system. HEW BUS''''NESS 1. Mr. Marshall informed the City Council that the premiums for Blue Cross and Blue Insurance coverage has been reduced from $18.26 to $12. 85 for the employee and from $27.46 to $19.30 for the dependent coverage. 2. Appointments are to be made to the Bi-Centennial Commission and there will be a notice in the paper asking people who are interested in serving on this commission to contact the City Coordinator's office. 3. On motion of Councilman peterson, seconded by Councilman Balfanz a resolution was introduced ItSUPPORTING RAILROAD TAXATION POLICIES ". (all in favor - see resolutions). 4. On III)tion of Councilman Peterson, seconded by Councilman Balfanz, Jack Shelton was granted permdssion to attend the North American Snow Conference to be held at Winnipeg, Manitoba, April 17 thru April 19, 1974. 5. Mr. Marshall made mention about the homes that were being DJved into the FairmeaClows area by Rollie Munson and controls that can be put into effect. On motion of councilman Peterson, seconded by Councilman Wohlers, the City Attorney and the City Coordinator were instructed to cheek o~t these regulations and possible covenants for the area. 6. On motion of Councilman Balfanz, seconded by Councilman Peterson a resolution was introduced "DIRECTING THE PAYMENT OF THE BILLS". (all in favor - see resolutions) ,-. r 1"'." . . \,1 . . . ,~ (March 12, 1974 - continued) . APPLICATIONS On IOOtion of Councilman Peterson. seconded by Councilman Balfanz the following Contractor's Licenses were granted: Anderson Drywall, Inc. 2121 - 57th Avenue North Minneapolis plastering, stucco work, sheetrock taping NIM , Borson construction Co. 1550 E. 78th St., Minneapolis NEW General III leer H. Carlson & son, IDC:.--- 749 N. Snelling Avenue St. paul~ Mn. 55104 NIM General I"") Rivercrest Construction co. 1504 South Greeley Street Stillwater, Minnesota St. Croix Valley :Improvement Co. ./ Gerald J. Cook Box 201, Stillwater, MD. Renewal General REllEWAL Roof;.ng On IIIOtion of Councilman Balfanz, seconded by Councilman Wohlers, James E. Melton, 6431 Keats Avenue North, Stillwater was granted a Regular and Sunday On-Sale Liquor License for the old VIW Building at 124 North Main Street, Stillwater. (new - transfer) l'Y\IIMIlI\1J:CATIONS Prom Boward J. MCLaughlin, 1003 South Fifth Street, regarding the storm '88Wer intake located in the gutter in front of his home. From Ecology Tech, Inc~ regarding smoking in the Council Chamber and devices for l!'eJll)ving the pollution. ! L. FrOJll R. R~ Kiel, 1715 West olive Street, Submitting his name for consideration as a member of the Stillwater Pb.nning and zoning Commission. CITY COORDINATOR I S REPORT 1. On motion of Councilman Wohlers, seconded by councilman Peterson, a resolution was introduced "RESTRICItNG PARKING ON OWEN STREE"r". in conjunction with Local Improvement No. 119. (all in favor) (see resolutions) v 2 ~ On JlI)tion of Councilman peterson, seconded by Councilman Balfanz a resolution was introduced "APPROVING PLANS FOR RBCONS'rRUCTION OF COUN'J'Y STATE AID HIGHWAY 5." (all in favor - see resolutions). 3. MR. MARSHALL reported that according to Mr. Strub the flood level will be 681 and with an l~ inch rainfall it could go to 684. 4. The matter of the medical insurance for Harrison Hanke was deferred to a futurA meeting. ~' . . -'" 147 ' . . I \. . I / . I . . l , " 148 . (March 12, 1974 - continued) CONSm.TING ENGINEER I S REPORT 1. On motion of councilman peterson, seconded by COuncilman Balfanz the Clerk was directed to advertise for bids for the Standby Power Generator for the Nelson and South Lift Stalons with an alternate for the Brick Street Station, said bids to be returnable at 11:00 A. M. on April 18. 1974. COIlMl'l'TEE REPORTS PUBLIC SAFETY 1. On motion of councilman petersob. seconded by Councilman wohlers a resolution was introduced "NAMING DAVID CBIAL PIRE CHIEF". (all in favor - see resolutions). 2. On motion of councilman peterson, seconded by Councilman Wohlers a resolution was introduced "CONFIRMING PROJDTION OF VOLUII'l'BER FIREMAN, DBlOIIS JOHNSON PROM PIREFIGB'l'ER TO DRIVER-ENGINEER". (all in favor) (Bee resolutions'. pUBLIC WORKS 1. Mr. Shelton reported the:t Ivan Weiss has installed the 1,000 gallon and 1,500 gallon tank8 on his property to take care of the 8ewage. 2. The storm sewer at Lily Lake is frozen below the water level and will be taken care of as soon as possible. (Located at the Gene Bealka property). l\DMl.WISTRATIVE No report PlUUlS AND RECREATION No report CrrY ATTORNEY I S REPORT 1. The DNR permit for the pipe on the orrin Thompson property has been received and sewer easements will have to be secured. On motion of councilman Balfanz, seconded by Councilman Wohlers the City Attorney and Mr. Marshall were authorized to negotiate these easements. 2. The City has received a swsmns from Bud and Carol Jagusch regarding their complaint regarding sewer backups into their home at 523 West BriCk Street. APPROVAL OF MINUTES On IIDtion of councilman Balfanz, seconded by Councilman Thompson the following minutes were appr"ved: February 12, 1974 February 13, 1974 February 26, 1974 February 27, 1974 Regular Meeting SpeCial Meeting Regular Meeting SpeCial Meeting 7.30 P. M. 3,30 P. M. 7.30 P. M. 3.00 P. M. r- . . r- \,1. - '--- '-' . . (~rch 12, 1974 - continued) . ORDINANCES None RESOLUTIONS The following resolutions were read and on roll call were unanimously adopted: 1. Directing the payment of the Bills. 2. Restricting parking on owen Street - Local Improvement :No. 119 3. Approving plans for Reconstruction of County State Aid Highway 5. o 4. Ordering the IIDproveMnt of owens Street betwe.n wilkins Street and West Olive street and Authorizing th. Ex.cution of An Agr.ement Betwe.n the city and Waahington county for the construction of said Improvement, Local Improve_nt No. 119. - s. Accepting Bid and Authorizing Execution of Contract. (Sweeper Bids - Hayden-Murphy) ',-1 6. Supporting Railroad Taxation policies 7. Approving Appointment of Fire Chief - David Chial. 8. Confirming Promotion of volunteer Fireman - Dennis Johnson - Driver- Bngineer. AD.1OUP1I1IIRIII'I' on motion of councilman Wohlers, seconded by councilman Thompson the ....ting adjourned at 12 o'clock Midnight. r'" Wi /~ ~~~ Mayor Atte~ 0././ L.. _ I L7~ city Clerk o ',--,. 149~\ i i. i I , i ! I 1 I , I I I I / . . . .