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HomeMy WebLinkAbout1974-08-07 CC MIN ,""- · ! 212 . C01P.'lC1L CHAMBER Stillwater. Minnesota August 7, 1974 7:30 P. M. REGUIAR MEETlNG he meeting was called to order by President Powell. The Invocation was given by Mr. Marshall. Present: Councilmen Balfanz, Thompson, Wohlers and President Powell Absent: Councilman Peterson Also Present: City Coordinator, Marshall; City Attorney, Kimmel; Director of Parks and Recreation, Blekum; Consulting Engineer, Elliott Press: Stillwater Gazette - Douglas Sietz ~ Ci tizens : Jack Melstrom, Jerry Mahoney, Bob Steindorff, Bill Hahn, Claire Erickson, John DeCurtins, Marie and Grace Stanek, Mrs. Leo Casanova, Mrs. Clayton, Jim Simpson, Dennis Sullivan, Mr. & Mrs. Dave Bixler, Mary McDonough, James Nelson, Ivan Weiss INDIVIDUALS-DELEGATIONS-PETITIONS 1. JACK MELSTROM, representing the Swager's Girls' Softball Tournament appeared before the Cauncil requesting a 3.2 On Sale Beer License for August 16. 17 and 18. 1974 at Lily Lake Park. On motion of Councilman Balfanz, seconded by Councilman Thompson, Swager's Girls' Softball Tournament were granted a 3.2 On Sale Beer License for August 16, 17 and 18, 1974 at Lily Lake Pa:rk. 2. MRS. WILL~ SAMARZIA did not appear regarding her request for bus benches on the sidewalks. 3. CLAIRE ERICKSON appeared before the Council regarding his building permit for the service station on South Main Street which would be a second renewal. MR. MARSHALL stated that the first permit was taken out the fall of 1971 and was renewed and has since lapsed. The first problem was regarding building crews not being available to do the construction work and then came the gasoline allocation problem. MR. ERICKSON felt that it was to the best interest of the City that his permit be renewed. MR. MARSHALL read a letter from the St. Croix Valley Area Chamber of Commerce requesting that the Council deny the renewal of this permit due to the possibility that Water Street will become a one-way street and this building would become a hinderance. There were no pattern plans developed when the original permit was issued and the situation has changed to some degree now. COUNCILMAN BALFANZ suggested that Mr. Erickson sit in with the downtown Council and possibly at a later date they would be able to work out something - a filling station mdght not be suitable for that location with the proposed ~=. - BILL HAHN, of the Retail Council, suggested that this matter be tabled temporarily until such a time as they can make the plans and then come to the Council rather than just the Mayor. The extension of Water Street in the Carl Dale plan shows this as a very vital part to the area and this structure would alter the Carl Dale Plan. There has to be something done about the traffic flow in the downtown area. They want to create more area for business to expand and for new ones to come into Stillwater. MAYOR POWELL said if Mr. Erickson were to get a building prmit and then put his building up and it did not fit into the plan, it would have to be torn down which would be more expensive than to wait and this would not be the best planning. He said that it shouldn't be too long - the matter of a few months when the plan will be worked out. If it doesn't develop as planned, then he could go ahead. i \'- ~ . . \ ' . . . August 7, 1974 - continued 213 ~ . ~, MR. HAHN - part of the problem is that the bridge that was planned is further down the road and also we now have Croixwood which adds to the problem of traffic. MR. MARSHALL - there is a 500 car per day per year increase in the area. MR. HAHN - One of the big problems is the stop sign by Reeds and the canopy has been wiped out several times by large trucks. With a one-way on Water Street they would have a corner that they can make. MR. ERICKSON said the first time they were in they were not "ware that the plan was out. i , MAYOR POWELL said if we table this for ninety days that would bring us into a time when he couldn't build this year - ninety days would be the shortest time that the comndttees that are working on the renovation of the downtown would come up with something a little more concrete. " r-, MR. HAHN - They have to get an idea as to where the money will come from - they are meeting with Phil Easton, Water Johnson and they hope to get to the right people right now so they can put the package together. MAYOR POWELL - There is a possibility that the building to the north would be available and the area might be utilized for another building and through the use of tax increment the City would condemn this building and the area and get bonds on such property and continue to pay t~xes on it. I . ~ COUNCILMAN WOHLERS asked Mr. Kimmel if it was possible to take this matter and Mr. Kimmel agreed that this would be proper. MR. ERICKSON was not in complete agreeme,'1t with delaying action on this permit and implied that he should be ablp to proceed with the building which he started (some footings and some brick work was done sometime ago). On motion of Councilman Wohlers, seconded by Councilman Thompson the Council delayed action for ninety days on the renewal of the permit for the Erickson Service Station on South Main Street. (all in favor). 4. JAMES NELSON, Carnelian and Sycamore, appeared before the Council again regarding the condition of his street and that he is unable to build his garage unless part of Carnelian Street is vacated. He was in 97 days ago and still can't build his garage. He was told that he could come in and sign a petition to vacate that portion of the street which he needs. MR. KIMMEL said the Council can vacate all or any part of a street - this street was never opened and he felt that bhe other people on the street possibly were not in favor of the vacation as they did not want the property added to the tax roll. \...) MAYOR POWELL said that the hole in the street will be taken care of and suggested that he sign the petition vacating the portion that he needs even though the others have already built theirs across the street which is in violation of the law. Also he would need a variance to build the garage in his front yard at that point. MR. NELSON also complained about a water hydrant which would have to be moved and MAYOR POWELL said that the Water Department would have to take care of that. Mr. Nelson also complained about a boat trailer thAt is parked there. Mr. Shelton and Mr. Elliott were to check out this matter on August 8th. 5. MRS.LEO CASANOVA, 215 West Pine, inquired about the proposed use of the old Baptist Church building for an Antique Shop and she felt that all business should be confined to the downtown area and the Mall and not be permitted to operate in the residential areas of the City. She was informed that there will be a hearing on this matter in September and she will be notified and she should come down at that time to voice her opinions. . " , I . . . .,' . . . 214 . August 7, 1974 continued r- . UNF1N1SHED BUSINESS 1. On motion of Councilman Wohlers, seconded by Councilman Balfanz the Clerk made the second reading of an ordinance entitled "AN ORDINANCE ESTABLISH- 1NG THE SALAR1ES OF THE MAYOR AND THE COUNCIL". 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. (see ordinances) 2. Mr. & Mrs. John Pominville feel that the City should pay the balancf> on a claim against the City for a sewer backup in their basement. The Insurance Company paid all but $44.00 of this claim and the pominville's did sign a waiver to accept this settlement with the Insurance Company. MR. KIMMEL said this does put the City in a peculiar position since Mr. Pominville did sign this waiver and the City has no legal obligation to pay. He suggested that the Council ask Mr. pominville to come down to explain the nature of the claim above and beyond what the insurance company paid him. r- On motion of Councilmar. Thompson, seconded by Councilman Wohlers that the City Coordinato= send a letter to Mr. pominville asking him to show up at the nex: regular Council meeting to explain this.~44.00 claim to the Council. (all in favor) NEW BUSINESS 1. On motion of CotIDci1man Balfanz, seconded by Councilman Thompson a resolution was introduced "Appointing Monroe Wood, Howard Lindahl and Michael Wake ling as Firefighter-Eng~neers in the Volunteer Fire Department. (see resolutions) 2. On motion of Councilman Balfanz, seconded by Councilman Wohlers a resolution was introduced "DESIGNATING THE POLLING P'l.ACES FOR THE PRIMARY AND GENERAL ELECTIONS FOR 1974". (see resolutions). 3. A NOTICE OF INTENT to sue was served on the Mayor and City Council. This is in regard to an alleged secret meeting held on March 15, 1974 with members of MMSBF. MR. KIMMEL said if the Council would like to pass a resolution or motion direoting him to defend the action relative to that claim or to have the case dismissed. On motion of Councilman Balfanz, seconded by Councilman Thompson the City Attorney, Mr. Kimmel, was directed to proceed with the trial on the basis of its merits. Vote on the MOtion - Ayes- Councilmen 8alfanz and Thompsou Nays _ Councilman Wohlers (He i~dicated that he would have to vote "Nay" since he voted against the matter previously) ~ 4. On motion ~i councilman Balfanz, seconded by Councilman Thompson, the Mayor and the City Coordinator were authorized to execute the Special Use Permit with MMSBF in accordance with Resolution No. 5079 and that the date for construction to begin be changed to August 15. 1975 as recommended by the Planning and Zoning Commission. MARY MC DONOUGH asked if a permit could be issued and MR. KIMMEL said there was no injunction during the time of the claim. She also asked if they did not have to have proof of financing and MR. KIMMEL said "No". MR. MARSHALL stated that there is a clause in the Planned Unit Development Code regarding financing but not in the Unifo1~ Building Code which applies here. MRS. MC DONOUGH aske~ how long a period of time they would have to finish it and MR. MARSHALL said as ]~ng as they continually go ahead with con- struction. They must start within a ye@~ but conceivably it could be held six months after that. VOTE ON THE MOTION - Ayes Nays Councilmen Balfanz and Thompson Councilman Wohlers '-- . . . ."^ August 7. 1974 - continued 215 5.* On motion of Councilman Thompson. seconded by Councilman Wohlers the date of September 17, 1974 at 7:30 P. M. was set for a Public Hearing on the request of James Gannon for a Special Use Permit to Qlerate a vehicle repair business on St. Croix Avenue and Forward Street. 6.* On motion of Councilman Thompson. seconded by Councilman Wohlers the date of September 17, 1974 at 7:30 P. M. was set for a Public Hearing on the request of Thomas Stl3ldberg for a Special Use Permit to convert the First Baptist Church building at Fourth and Pine into an Antique Shop. 7.* On motion of Councilman Wohlers. seconded by Councilman Balfanz the Council set the date of September 17, 1974 for a Public Hearing on the proposed rezoning of the 800 front feet of the Hooley property from Industrial to <lJm1ercial and have the second reading of the Ordinance rezoning this area; and that We have the first reading this evening by title. .':) The Clerk made the first reading by title of an ordinance entitled "AN ORD1NANCE l\EZONING CERTAIN PROPERTIES IN SECTION 32 FROM INDUSTRIAL TO COMMERCIAL". (see ordinances) 8. The Council will meet with some of the Hudson Officials on August 13th at 7:00 P. M. to discuss the mechanics of the Residential Garbage Collection System of the City. 9. The meeting on August 8. 1974 is to discuss Elm Street and South Second Street Improvements was changed from 4:00 P. M. to 7 :00 P. M. - motion made by Councilman Wohlers and seconded by Councilman Thompson. 10. On motion of Councilman Balfanz. seconded by Councilman Wohlers. two resolution were introduced in connection with the cons trllction of Owen Street - "Execution of An Agreement for Owen Street" "Approving Plans for Reconstruction of County State Aid Highway 5" 11. On motion of Counciiman Wohlers, seconded by Councilman Balfanz a resolution was introduced "EMPLOYING ELECTION JUDGES FOR THE 1974 ELECTIONS". (see resolutions) 12. On motion of Councilman Wohlers. seconded by Councilman Balfanz a resolution was introduced "DIRECTING THE PAYMENT OF THE BILLS". (see resolutions). On motion of Councilman Wohlers, seconded by Councilman Thompson the Mayor's appointment of Mrs. Clay Newman to the Bi-Centennia1 Commission was approved by the Council. * See minutes of August 13th changing these hearings to September 18. 1974 13. '...,I THE MAYOR DElLARED A RECESS FROM B, 35 to B, 50 P. M. APPLICATIONS On motion of Councilman Balfanz, seconded by Councilman Thompson the following Contractor's Licenses were approved subject to the approval of Jack Shelton: All Weather Roof Co.. Inc. 470 North Cleveland Ave.. St. Paul Mn. 55104 Roofing Renewal Gilbert Construction Co., Inc. 1202 Jackson St.. St. Paul, Mh. 55117 Masonry & Brick Work New Pacesetter Products, Inc. 9145 Lyndale Ave., Bloomington, Mn. Patio Covers. etc. St. Croix Sanitation & Excavating (Donavin L. Schmitt) R. #1, Box 295-A, Somerset, Wisconsin 54025 Excavators New New . . . \ , , . \ ' . I / . . 216 August 7, 1974 - continued .' , An application for an "On Sale and Off Sale 3.2 Beer License for Miriam L. Tobiassen (North Hill Oasis Station), 1101 North Owen Street had a first reading since it is located in a residential area. " ~, COMMUN1CATIONS , From Merrill Stahl relative to work done on North Third Street and claiming the street is built on his property. On motion of Councilman Balfanz, seconded by Councilman Thompson this claim is to be referred to the insurance company and the contractor and Mr. Shelton is to check on same. From O. Walter JOHNSON, PRESIDENT OF Conn-Co regarding a ticket received for a parking violation when they were unloading merchandise in front of their place of business. On motion of Councilman Balfanz. seconded by Councilman Wohlers this letter is to be turned over to the Public Safety Director. CITY COORDINATOR'S REPORT 1. On motion of Councilman Thompson. seconded by Councilman Balfanz the Mayor and the City Coordinatawere authorized to execute an agreement with NSP to provide power for the Mid Oaks Lift Station. CONSULTING ENGINEER'S REPORT 1. On motion of councilman Balfanz. seconded by Councilman Wohlers the first estimate from Keller Construction for construction of utilities in the Croixwood Fifth and Sixth Additions in the amotmt of $33.314.94 was added to the resolution directing the payment of the bills. 2. On motion of councilman Balfanz. seconded by Councilman Wohlers a resolution was introduced "MAKING FINAL PAYMENT AND J\CCEPTING THE WORK FOR LOCAL IMPROVEMENTS NO. 117 AND 118 TO JOHNSON 8ROS.", AND RELIEVING THE CONTRACTOR FROM THE CONSTRUCTION OF THE STORM SEWER ON COUNTY ROAD NO. 5." (see resolutions). 3. The matter of a letter from Orfei on the claim for the damage to a wall on North Second Street (Linner's wall) should be referred also to the other contractor on the project (Dependable Surfacing Co.) as they removed the trees on North Second Street. 4. Mr. Elliott showed the Council some slides on the proposed building styles for the pumping stati..ms. COMMITTEE REPORTS PUBLIC SAFETY No report PUBLIC WORKS The list of rules and regulations for the Public Works Department Employees will be sent out to all members of the Council for their review. ADM1NISTRATIVE No report PARKS AND RECREAT10N 1. Mr. Blekum has three contractors who will submit quotations for the Ga~age at the Bonse property on South Greeley Street. . ",",'. '- '- . . \. ~;. . , . . , l . r"" August 7, 1974 - continued C1TY ATTORNEY'S REPORT No report APPROVAL OF MlNUTES On motion of Council :nan Thompson, seconded by Councilman Wohlers the following minutes were approved: June II, 1974 July 9. 1974 July 23. 1974 Regular Meeting Regular Meeting Regular Meeting 7,30 P. M. 7,30 P. M. 7,30 P. M. ~ ORDU'ANCES Second Reading - AN ORDINANCE ESTABLISH1NG THE SALARIES OF THE MAYOR AND THE COUNCIL First Reading - AN ORDINANCE REZONING CERTAIN PROPERTIES 1N SECTION 32 FROM INDUSTRIAL TO COMMERCIAL - RESOLUT10NS The tollowing reolutions were read and on roll call were adopted: '- 1. Appointing Monroe Wood, Howard Lindahl and Michael Wakeling as Firefighter-Engineers in the Volunteer Fire Department. Designating the Polling Places for the Primary and General Elections for 1974. 2. 3. 4. Executing an Agreement with Washington County - Owen Street Approving Plans for Owen Street Employing Election Judges Directing the Payment of the Bills. * 5. 6. 7. Making Final Payment and Accepting the Work for Local Improvement No. 117 and 118 - Johnson Bros. * Repassed on August 13th as list was not complete for publication earlier. ADJOURNMENT ~ On motion of Councilman Balfanz, seconded by Councilman Wohlers the meeting adjourned at 9: 10 P. M. aJ~~~ Mayor j" V ,,,.~Q; a{...Ul "ty Clerk -... 217 \ . i. i , ! I i . I j i i I , ! i I . J .