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HomeMy WebLinkAbout1974-03-26 CC MIN / I 150 . . COUNCIL CHAMBER Stillwater, Minnesota March 26. 1974 7,30 P. M. REGULAR MEETING The meeting was called to order by President Powell The Invocation was given by Mr. Marshall Present; Councilman Balfanz, Peterson, Thompson, Wohlers and President Powell Absent: None Also Present: City Coordinator, Marshall: City Att:orney, Kimmel; Superin- tendent of Public Works, Shelton; Publie Safety Director, Abraham- son; Director of Parks anCl Recreation, slekum; Consulting Engineer. Blliott Press: stillwater Evening Gazette - Douglas Seitz st. Paul Dispatch - James Broede Citizens: Joyce schmidt, L. J. Drentlaw, Marg Clemenson, Richard Reitan, Chuck Johnson, Mrs. La.Jlmnt Brine. James LallllDlBrs, Robert Stein- dorff, Don Nolde, Joseph Nolde, Jr., Bruce Bergen, Pat Rossini, Mr. -& Mrs. James Simpson, Mei:'ilyn Demski, Jerry Mahoney, Mary McDonough, John DeCurtins, Jr., Francis Rice, Ivan weiss, Roy Holstet,!, Lea Stepan, Jean Decurtins, Bill Sinowski, Gib Lareon, Dennis MJ,lrphy,Frank Kerkhove :tNDI.Vl:DUALS-DET WI"'-1\.'l'IOHS-PB'l'I'l'IONS 1. On motion of Couneilman Peterson, seconded by Councilman Balfanz, a resolution was introduced -ACCEP'l'ING 'l'BB PB'l'IT~ON PROM ORRIN 'nI)MPSON FOR UL'l'ILI'l'IBS POR CROIXifOOD PIF'l'H AND SIXTH ADDITIONS, ORDERING A PBASIBILI'rY REPORT FOR mBSE U'l'ILITIBS AIIIl mosB FOR TBB COCIIIlAN LOIIG LAJal ADDITION AIIIl O'l'IIER ARBAS III TBB CROIXWOOD 110. 6 ARBA. AIIIl ORDBRIIIG HBARDtG FOR LOCAL IMPROVEMBNT NO. 112. (see resolutions) (Rearing date - April 23, 1974) 2. MR. BOB GRIGNON from the Stillwater Jayeees explained the funetici>nll~and.; operations a; the Si-Centennial Commission. Some of their taks would be to lieseareh some of the coDlDUJlity goals: have historical displays: downtown improvements: creation of at least one new park: publieation of a book-history of stillwater: Stillwater celebration: other coDllllUllity involvement projeets. On motion of Councilman Peterson, seconded by Councilman Wohlers that the Mayor and the City Coordinator be instrueted to 8~qn. the nec.ssaryforms making application for Stillwater to become a part of the American Revolution Si-Centennial Commission. On mDtion of Councilman peterson, seconded by councilman Balfanz a resolution was introduced "Creating a Si-Centennial Commission" and allow the Mayor to appoint such members as he sees fit. (see resolutions). ~ r ~'''''' ,-,.; f L L . '- "- . . . (March 26, 1974 - continued) 151 . At this time the Mayor appointed the following citizens to serve on the Bi-centennial Commission: Teresa Brine Leighton Charlsen Gib Larson Robert Thompson Rev. Charles A. Johnson Bob Grignon John R. Rheinberger Jeff & Nancy BroderiCk Mike Dvorak Glen A. Bel"Ce Fred s. 1''TOm" Lammers Rose Mary Corman UNPINISBED BUSINESS 1. The City Attorney, Harold Kimmel, read the Finding of Facts from the March 12, 1974 Council meeting regarding the hearing on the Special Use Permit from Bernu Construction, Inc. t') On lIK)tion of Councilman Pet erson, seconded by Councilman Balfanz, the Council approved the minutes of the March 12, 1974 Council meeting including the Finding of Facts. - 2.. Mr. Marshall informed the Council that he had received a Special Use permit, Case No. 162, for a 63-unit apartment complex for the east side of South Greeley Street after the agenaa haa been prepared. On motion of Councilman Balfanz, seconded by Councilman Thomp80~ the application for a Special Use Permit, Ca_ No. 162 aubmitted Uby M.M.S.a.p., Inc. was referred to the Planning Commission for their study and recommendation. JAMBS Ll\MMBRS, representing the owners and develope~s of this property and the ~operty on the west side of Greeley Street asked for l;larifica- tion from the Council as to what additional information they will need for a settlement of the previous application. MAYOR PONBLL felt that Ultimately the City would acquire the p:j;operty and COUNCILMl\N' PftERSON added that this would not changO his position on the matter. MR. LAMMBRS said they have discussed different possibilities and they would like to know if there is any possibility of continuing the discussions for a different number of units or what should be done. 10-11 MAYOR POfELL asked if the Council felt that they would acquire the property in one manner or another and COUNCIUCAN PftERSON said it was not his, but COtmcILMNI BALl'ANZ said that this was his thinking. COUNCIUoIAN WOBLBRS wanted the cards on the table. ... v MR. LAMMERS said either they would have to appeal the Council's decision or the Council should condemn the property it they are interested in it. He questioned it it was the position f1 the Council that they are going to attempt to purchase the property or should his clients or whatever - he was looking for some direction. MR. KIMMEL said there is no concensus on the Couneil sinee he felt that they were dealing with a lot of unknown factors and until the Councilor somebody makes a motion and we have a vote there is no position of the Council. They did have a meeting of the Council and they did have certain things to do over a period of time - tilere could be a change of position somewhere along the line. MR. LAMMERS said if it is the Councills intent to acquire the );roperty. then they would avoid going into other maneuvers and they prefer not to go through a lot of motions that are unnecessary. MAyOR POWELL asked if they felt that another meeting with the property owners would clarify this matter and MR. LAMMERS said no harm can come from such a meeting. He said tne Council can either condemn, negotiate, or wait for them to do something. .'-J . \ \ . I,' . , . . , I, , ~ . 152 . (March 26, 1974 - continued) MAYOR POWELL said another meeting could be arranged and possibly they coul.d. come to some kind of an agreement that would be reasonable and MR. MARSHALL stated they could resubmit or come in with another application. MR. IaMMEL said it there is a majority ot' the council who wants to acquire the property then they should set a date for another meeting. CO~ILMAN WOHLERS said if we want to establish a recreation area out there, we will need more room, and he said they should have bought it in the first place, but they had a limited amount of money to work with. He said the city would like to have the property but the price is too great. COUNCILMAN PETERSON said at the March 12th hearing the proposal. was rejected for 84 units and we had an additional meeting with yourself and one of the property owners at whioh time there was little room for negotiation as far as price is concerned. He felt the next step was up to the property owners - either they resubmit or they have some other idea in mind. MR. KD1MBL said the owners and the develop-. should come up with some facts on their interest in the property and then the Council could decide if a majority of the Council was in favor of acquiring the property. Be felt that at this time that they were prejudging the attitude of the" majority of the council and until a vote has has been taken they would not have a decision. He felt the Council and the City had an interest to know just what Bernu. 8 interest in the property was, whether the purchase price con- tai,....... some compensation for Bernu . . . . . MR. LAMMERS mde reference to the. item on the agenda for the first reading of an ordinance for the construction of Low Density Multiple Dwellings and the rezoning on South Greeley Street. MARY r<<: DONOUGB, West Willard street. stated that the Council did deny the permit and they were to negotiate with the p~perty owners for the purchase of the property for the arena complex and questioned another application and MR. KDDIEL stated that the council could reconsider the application if they do desired. MAWR PCMELL said that a meeting will be set up 80 that they. can meet with the property owners and discuss a price or at least get some nore information. COUNCI:LMAN PE'l'ERSON felt that they should have bot;h parties. application and know whether or not they want to purchase the land or if there is any need in putting in a new applioation or try to get ODe refused. MRS. Me DONOUGH asked if the agreement still stands between the ppoperty owners and Dernu for the purohase of the property and MR. IAMMERS said Dernu wants to be re-imhursed for his expenses of about $5,000.00. The question. was raised as to what the purohase price was when Mr.. Bonse owned this property and it was stated that it was $60,000.00. MR. Me DONOUGH questioned who is responsible for water damage to property around the lake and MR. KIMMEL said there is no indication there is no legal responsi- bilities for that damage ~ they would have no recourse in the courts. MR. FRANK lCBRI<ROVE, 1316 south Everett Street. complained about the drainage from orleans Street and into his property and that with the rezoning of the property on the east side of Greeley Street this would add to the problems. DON NOWE. 1214 south Everett street, said the City was responsible for the level of the brick pond when they put in the storm drain in down the hill from Forest Hills and this in turn flooded out the bathing beach. He felt that the City should purchase the property on the east side of the street. COUNCILMAN PETERSON said thc..,t we have discussed both pieces of property with the property owners and they are aware of what we will pay if we buy it and now we have a legitimate request for a 63 unit apartment building. '- ,- . . r \,1 . /~ (March 26. 1974 - continued) . 153-~~ . . MR. KIMMEL said that the actual market value is dependent upon whether it is suitable for the erection of a 63-unit apartment building and the City is trying to investigate that as far as possible withou~ legigation. MR. IVAN WEISS asked about the assessed valuation of the property and MR.. KIMMEL said this is not the market value and if they are unable to negotiate it, they could condemn it. MR. KEIUQIOVE said that the city has a problem with the storm sewer at his location and he still has \'later in his basement and MR. KIMMEL said the builder and the developer has the problem. MR.. HOWE saia the City put in the storm sewer and it is flooding private property. r" ...".,..1 MAYOR POWELL said all that area on Everett Street) all of the area in Forest Rills has been developed by developers and each one of them have added to the increased flow on the east side of Greeley Street which is going to affect the level of the Brick ~nd. MR. KBRI<HOVB asked what appreciable difference this will make and MAmR POWELL .aid maybe two acres as opposed to about 500 or 1,000 acres that are all con- tributing to this at the present time. r- I t_.... ImRY IC DON011GB asked if the engineer didn I t take this into consideration and how could the developer be responsible for the water problems. MAWR PCMELL said that the council has aifficulty aenying the property owner to do whatever they choose with their property. When the street iepaved after the bo... are built then the water gets there faster as opposed to a dirt street when it go.. into the ground. We are trying to maintain a stable water level for Lily Lake and when the Council comes up with a reasonable plan for that area it will affect the level of the Brick ponCl. MRS. II: DOJI)UGB askeel about the Tunnel that the city plans to dig between Lily Lake and McJa1Bick Lake and she was informed by CQUNCILMNt PETERSON that this will DOt be a tUJUl8.1 ", but a forced main. \. MR. MARSHALL stated that this won't be clone until about 1976 - it i. being studied by the Planning Commission. MR. KIMMEL saia that this happens over and over 19ain to the level of lakes as the COl'llllUllities are b]lilt up. There 1s a change in the normal run-off situation which attributes to the drainage situation. , 1_ MR. mLDE said prior to the development of the area there was a water problem in the Brick Pond in that Mr. Scullen was being flooded out and suggested that this be CODaiaered in their negotiations with the property owners and developers. u LES tnEPAl:l '-IU88tioned the number of families in the ABC apartments that are on welfare and MR. NOLDE said 7 out of 42 units ana MR. SUPAN added that Whitehall Estates are advertising apartlll8nts for rent and why build IIDre apartments as it looks a8 though they are not needed. MAWR POWELL said he thought when the Council sat clown later this week and received the city's proposal and the Courcil received theirs, then they will know the Council's feelings. THE MAWR DECLARED A RECESS FROM 8,40 to 8.50 P. M. 3. JAMES SIMPSON said that all property annexed to the city ubould come in as single family residential which maybe rezoned and that the City have ~ zoning ordinance which is currently being done by some coftll1Ullities. MR. K1MMEL stated this is not a workable ordinance ana is illegal a~Qordin9 to the State of Minnesota. The State compels us to rezone our property and property legally entitled to be associated with zoning. . . ~ . , , I i I \ .' 154 (March 26, 1974 P - continued) NEW Busnmss 1.. Martha Armbrust of the Graduation Class of 1969 requested permission for a temporary liquor license for the Arena for a class reunion party.. On motion of Councilman Peterson, seconded by Councilman Thompson the matter of uses of the arena was referred to The Recreation Collll\ission and they are to notify Mr.. Ri.mmBl and Mr.. Abrahamson as to the date of their next Meting.. 2.. MR. RICHARD REITAN appeared before the Council requesting permission to hold free folk music concerts at Pioneer Park Friday afternoon and evening until 10 P. M. On motion of Councilman Wohlers, seconded by COuncilman Peterson the Council granted permission to Richard Reitan for the folk music concerts at Pioneer Park under the supervision of the Parka Department and the Public Safety Departmont. 3. On D1Dtlon of Councilman Peterson, seconded by Councilman Balfanz the Mayor and the City Coordinator were authorized to enter into an agree..nt with JubilH I for the renewal of their Non-Exclusive Wharfage Permit subject to the approval of the City Attorney. 4. OAJlIOtion of Councilmim Peterson, seconded by Counc::ilman Balfanz the ~jor was authorized to execute the agreement with oak Park Height. for the billing of sewer and water services and rental for the Birch- 1IllDod Apartments and the South Hill Square Office Building. 5. On DDtion of Councilman peterson, seconded by Councilman Wohlers the Excavators Bond for Rudy Chaves was approved subject to hi. pay~ the $7.77 owing the Board of Water Commissioners. (City of Stillwater Bond for $5.000.00) 6. on motion of Councilman Peterson, secondec1 by Councilman Balfanz the follOWing Escrow was approved: 1965 Refuhding Bona Puna $1,000 U. S. Treasury :Bills Maturity 4/25/74 Price 7.15 7. On DDtion of COuncilman Balfanz, seconded by Councilman Wohlers a resolution was introduced "AMENDING RESOLUTION NO. 4902" increasing the change fund for the Arena to $106.00. (see resolutions). 8. On motion of Councilman peterson, seconded by Counc::ilman Wohlers the City Coordinator was instructed to inform Stillwater Township that we would be willing" to do the snow plOWing on Greeley Street from orleans Street to the Highway for a sum of $500.00 per year. 9. On IIIDtion of Councilman ")eterson, seconded by Councilman Balfanz the Clerk made the first reading by title of an ordinance entitled "AN ORDINANCE AIlENDING ORDINANCE NO. 383. TIlE ZONING ORDINANCE BY PROVIDING FOR THE CONSTRUCTION OF UM DENSITY MULTIPLE DWELLINGS". (see ordinances) 10. On motion of Councilman Peterson, seconded by Councilman Wohlers the Clerk made the first reading by title of an ordinance entitled '"AN ORDINANCE REZONING CERTAIN PROPERTY IN SEDTION 32 PROM RCM TO RCL". (see ordinances). 11. On motion of Councilman peterson, seconded by councilman Balfanz a resolution was introduced "AUTHORIZING FURNISHING A DUPLICATE BOND TO BE SIGNED BY THE CITY OFFICIALS AND AUTHORIZING THEIR PAYMENT WITHOUT HARM TO THE PAYING AGENT". (see resolutions). r- '- '- r- . . \.' . . , . I ~ t- ~ . ~ ~. I f~ ii.i. l.oI .., - ',-, (March 26, 1974 - continued) APPLZCATZONS On motion of councilman Thompson. seconded by Councilman Wohlers the following Contractor's Licenses were granted: Rudy Chaves C & P Excavating 15430 - 58th-St. No., Stillwater Excavator Renewal Cecil Nelson dba American Roofing 996 Marion St., St. paul, MD. 55117 General New M. & B. painting and Decorating 4437 - 28th Avenue South, Minneapolis painting New On motion of Councilman Peterson, seconded by Councilman Wohlers Taxi-Cab Licenses were granted for 1973 and 1974 to the Stillwater Taxi Co. (victor prescott), 20 North Second Street, stillwater.. (renewal) On motion of Councilman Peterson, seconded by Councilman Balfanz a Cigarette Licen.e was granted to Midland Cooperatives, Ine.. 501 North Main Street. Stillwater.. (renewal) COIKJNICATIONS Prom Searle Sandeen, Judge of County court, regarding the Attorney.General1s opinion, March 8, 1974 relative to Municipal parking. On DIOtion of councilman Peterson, seconded by Councilman Balfanz, the City Attorney was authorized to negotiate with the County Court System and report back at the next council meeting regarding the collection of the overtime parking fines by the County and their splitting the receipts with the City. Prom. Robert Davis, 1029 Third Avenue South regarding a surface drainage problem between his house and that of Bob Richards. Mr. Shelton and .Mr. Elliott were instructed to check this matter out and report back to the Council as to a possible solution. Prom the Dominium. Group Incorporated regarding the Bud Grant for the Low Rent Housing for the Elderly. CITY COORDXNATOR' S REPORT 1. On motion of councilman peterson, seconded by councilman Balfanz the Public Works Department was instructed to write a letter to NSP requesting the installation of a street light on Ramsey st. between Brick and Grove. 2. The matter of retiUlent policy for Harrison Hanke and others to be affected in the future will be discussed at a meeting of the Council later this week. CONSULTING ENGINEER' S REPORT 1. On motion of Councilman Balfanz, seconded by Councilman Wohlers the Con- sulting Engineer was authorized to send a copy of the Dike Report to the Corp of Engineers and the Department of Natural Resources and the Boundary Area Commission. He is also to include a copy of the Lily Lake Report to the DNR. ........, 155 \ "''' NO "'< ~. "0. . ,. ... ,. "'" o "''' ,.~ . m . 0 "'~ ,. .. ,.. ~ o ,. m ~ '" .. '" ~ " ~ m o ,. .. g .. o ,. ii ~ m i . . I.' . / 156 (March 26, 1974 - continued) . . 2. The advertisement for bids for the Stancby Power for the Nelson and South Lift stations and there will be an alternate for the Brick Street Station. If the Brick street unit is ordered, then there will have to be some kind of building put up there. 3. Mr.. Elliott distributed the report on sanitary sewers for the North- eastern area of the City of stillwater. Copies are to be forwarded to stillwater Township and the Mdtro Sewer Board. COMMITTEE REPORTS . PUBLIC SAFE'l'Y 1. On Jll)tion of councilman Balfanz, seconded by councilman Thompson the city Attorney was instructed to send a letter to the council for the consideration of the 1termination of the employment for Louis Garavalia and setting a date for a hearing_ 2.. On motion of councilman Peterson, seconded by Councilman Thompson the City Coordinator was instructed to notify the owners to board up the windows of the house at 207 North Third Street. 3. The matter of condemnation proceedings for the Schuster House was brought to the attention of the City Attorney. On motion of councilman wohlers. seconded by councilman Balfanz the Building Inspector was instructed to serve an order on the property owners of the shuster HolM to repair or r8111)V8 the house and the proper authorities were authorized to proceed with condemnation of this property. PUBLZC WORlCS 1. Mr. Shelton reported that he received quotes on a hydraulic hoist lif4l for the City Garage which ranged from $4.500 to $6.800 and they will keep them on file for consideration at a later date. 2. The sweepers will come into town as soon as the temperatures come up since the water would freezaI if it were done at the present time. The price this year will be $24.90 per hour as compared to $24.00 last year. ADMDlZSTRATZVE No report l"ARKS AND RECREATION Mr. Blekum. sent a complete report of his department's activities for 1973. CITY ATTORNEY'S REPORT 1. Mr. Kimmel reported on the Cable TV Franchise and that any changes would have to be approved by the State of Minnesota. The changes would be - 1. Change the length from 20 to 15 years 2. Reduce the percentage that we would charge to 3% 3. Require them to interconnect when they do so. . ~ ~ ..,...., '- '- . . I.t . .... . I""' (March 26. 1974 - continued) . - On motion of Councilman peterson, seconded by councilman Thompson the Clerk made the first reading by title of an ordinance entitled nAB ORDINANCE AMENDING ORDINANCE NO. 428, THE CABLE TLEVISION FRANCHISE".. (see orClinances) ORDINANCES Pirst Readings - An oJd.nance Ameliding Ordinance No.. 383, the Zoning Ordinance by providing for the Construction of Low Density Multiple Dwellings.. An ordinance Rezoning Certain property in Section 32 Prom RCM to RCL.. ~ An Ordinance Amending Ordinance No. 428, The Cable T. V. Franchise RESOLll'l'XONS [ The following resolutions were read and on roll call were unanirmuBly adopted: 1. Accepting the Petition for . utili-t'ieso for croixvood Fifth and Sixth Additions and Adjoining Areas, Ordering a Feasibility Report and ordering a Hearing. Local Improvement No. 112. 2. creating a 81-centennial COmmission. 3. Amending Resolution No.. 4804 - Change Fund for Arena 4. Authorizing Furnishing a Duplicate Bond to be Signed by the City Officials and Authorizing their payment without Harm to the paying Agent. ADomtJRNMENT On notion of councilman Thompson. seconded by Councilman Wohlers the meeting adjourned at 10:10 P. M. ~""l ~~AK~ Mayor - Atte.6:b_a-.~ (tJ.~ Clerk .;,) ,~ - .-....", 157 \ . .