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HomeMy WebLinkAbout1974-10-08 CC MIN , "c__ ~ . , I 258 . , 10 . . COUNCIL CHAMBER Stillwater, Minnesota October 8, 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 Attorney, Kimmel; Super- intendent of Public Works. Shelton; Public Safety Director, Abrahamson; Director of Parks and Recreation, Blekum; Consulting Engineer, Newquist; Bonding Consultant, Ozzie Springsted. Press: St. Paul Dispatch - James Broede Stillwater Evening Gazette, Douglaa Seitz Citizens: Dave Magnuson, Jerry Mechelke. Florence Hall, Jack Hooley. Charles Hooley, Ann Bodlovick. Joyce Schmidt, Phyllis Wohlers. Choc Junker, Jim Greeder. Dennis Sullivan, Dave Bixler, James Nelson, Bill Hahn, John DeCurtins. Jr.. Francis Rice. Dennis Murphy, Austin McGough, Ivan Weiss, Bob Grignon, Jerry Mahoney INDIVIDUALS-DELEGATIONS-PETITIONS The Mayor announced that thia was the time appointed for the purpose of c<>nsider- ing bids for the purchase of $400,000 Improvement Bonds of 1974 of the Ci"ty advertised for sale in accordance with the resolution adopted by the City Council on September 17, 1974. Affidavits showing publication of the notice of sllle in the official newspaper and in the Commercial West in accordance with said resolution presented by the City Clerk, found satisfactory and ordered placed on fil~. The City Clerk reported that four sealed bids had been received. in accordance with said notice, which bids were then publicly opened, read and considered, and the highest and best bid of each bidder was found to be as follows: NAME OF BIDDER BID FOR PRINCIPAL INTEREST RATES TOTAL INTEREST COST NET AVERAGE RATE Allison-Williams Company Minneapolis, Mh. 5.50% 1977 $397,208.00 $63,292.00 (5.75382%) First National Bank St. Paul, Minnesota 5.507. 1971 $397,000.00 $63,500.00 (5.77272%) Northern Trust Co. Chicago, Illinois 5.80% 1971 $400,000.00 $63,800.00 (5.80%) Northwestern State Bank Stillwater, Mh. 5.50% 1977 $396,000.00 $64,500.00 (5.8636%) On motion of Councilman Peterson, seconded by Councilman Balfanz, the four bids were referred to the City Attorney and the Bonding Consultant for their study and recommendation later in the meeting. 2. This was the day and time set for the public hearing on the request of William Gannon for a Special Use Permit to operate an Automotive Repair Shop at St. Croix Avenue and Forward Streets. The notice of hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on September 5. 1974 and all property owners within 300 feet and Stillwater Township received mailed notices. The Mayor opened the hearing. MR. MARSHALL stated that Mr. Gannon has never formally contacted the City on . '- . . '"""" '"" ...;.~. - w . October 8, 1974 - continued this matter and the Planning Commission recommended that he be sent a letter. DAVID MAGNUSON. 901 West St. Croix Avenue, stated that he and Jerry Mechelke were here as being opposed to the propo}ed Special Use Permit - the Cannons are fine people but they do not feel eh",!t this would be a good use in this area, and would be obnoxious in a residential neighborhood. COUNCILMAN THOMPSON stated that Mr. Gannon is currently operating at the old filling station at the corner of Laurel and Owens (Gas Products Co. Bldg.) which was for sale but the owners have decided to sell it and he may stay where he is. On motion of Councilman Peterson, seconded by Councilman Wohlers the City Coordinator was instructed to send a letter to Mr. Gannon telling him that if he is interested in the Special Use Permit for St. Croix Avenue and Forward Street that he will have to institute a new case and proceed allover again and the Council denied Case No. 173 and Mr. Gannon be advised of this action. 3. PETITION from residents in the Schulenberg Park area requesting that this recreation area be improved, detailing such improvements. On motion of Councilman Peterson, seconded by Councilman Thompson the petition for the improvement og Schulenberg Park was turned over to the Parks and Recreation Commission for their study and recommendation. (Copy of the petition will be sent to Dick Balfanz for their next meeting). UNFINISHED BUSINESS 1. The Council deferred action regarding the re-issuance of a building permit for the Erickson Oil Station on South Main Street until the City gets a report from the State Highway Department regarding the location of the highway right-of-way and then have a meeting with Carl Dale and the Chamber of Commerce regarding the downtown traffic study. On motion of Councilman Peterson, seconded by Councilman Balfanz the City Coordinator was instructed to send a letter to Mr. Erickson stating that the building permit will not- be re-issued until we hear what the final disposition is regarding that location as it relates to the highway. 2. On motion of Councilman Peterson, seconded by Councilman Wohlers Change Order No. 2 _ Dependable Surfacing Co. for Local Improvement No. 109 in the amount of $1,714.05 was approved. 3. On motion of Councilman Peterson, seconded by Councilman Wohlers a resolution was introduced "ACCEPTING THE WORK AND MAKING THE FINAL PAYMENT TO DEPENDABLE SURFACING CO. FOR LOC.AL IMPROVMENT NO. 109". (see resolutions). On m?tion of Councilman Wohlers, seconded by Councilman Peterson, the Clerk was directed to make the second reading of ar. ordinance entitled "AN ORDINANCE REZONING CERTAIN PROPERTY IN SECTION 32 FROM RESIDENTIAL TO COMMERCIAL AND PROVIDING FOR SPECIAL USE PERMITS FOR ALL NEW COMMERCIAL AND INDUSTRIAL CONSTRUCTION". (Councilman Balfanz and councilman Thompson opposed) 4. The ordinance was read section by section followed by roll call after each section with the following results: SECTION 1. Ayes - Councilmen Peterson, Wohlers and President Powell Nays Councilmen Balfanz and Thompson SECTION 2. Ayes Councilmen Peterson, Wohlers and President Powe 11 Nays Councilmen Balfanz and Thompson SECTION 3. Ayes Councilmen Peterson, Wohlers and President Powell Nays Counci lmen Balfanz and Thompson . " 259 I. \ l ." :. I . . " I 260 October 8, 1974 -- continued . The chair then put the question, "Shall this ordinance pass?1l and on roll call the ordinance was adopted with the following results: Ayes - Councilmen Peterson, Wohlers and President Powell Nays--Councilmen Balfanz and Thompson NEW BUSINESS 1. On motion of Councilman Peterson, seconded by Councilman Balfanz the Council authorized the expenditure of $450.00 to the Ei-Centennial Commission for a mailing. Also at this time Mr. Marshall mentioned the fact that the Commdssion would like to have the City acquire certain buildings in the area and have them moved to "Battle Hollow" by the Historical Society and preserve same. He will check into the costs and also inform the Commdssion that the Council is in favor of such a project. DEAN CHARLSEN also mentioned at this time that the Council should consider putting some money in the budget to resume the Band Concerts and approach the school board on this matter. 2. On motion of Councilman Balfanz, seconded by Councilman Wohlers a resolution was introduced "AUTHORZING THE INSTALLATION OF STOP SIGNS FOLLOWING LOCATIONS", South Fifth and Orleans South Sixth and Orleans With Fifth Street being stopped With Sixth Street being stopped With both ways of Everett being stopped With BOTH ways of Everett being stopped South Everett and Orleans South Everett and Anderson 3. On motion of Councilman Peterson, seconded by resolution was introduced IIACCEPTING THE WORK ON LOCAL IMPROVEMENT NO. 122 - SEALCOATING". Councilman Balfanz a AND MAKING FINAL PAYMENT (see resolutions) 4. On motion of Councilman Balfanz. seconded by Councilman Peterson a resolution was introduced "DIRECTING THE PAYMENT OF THE BILLS". see resolutions). 5. Councilman Peterson introduced Resolution No. 6041. entitled "RESOLUTION AWARDING SALE OF $400,000 IMPROVEMENT BONDS OF 1974, AUTHORIZING THEIR ISSUANCE, FIXING THEIR FORM AND DETAILS, DIRECTING THEIR EXECUTION AND DELIVERY. AND PROVIDING FOR THEIR PAYMENT, II and moved its adoption. COUNCILMAN BALFANZ seconded the motion and upon vote being taken thereon, the following voted AYE: Councilmen Balfanz, Peterson. Thompson and Wohlers and President Powell and the following voted NAY: None whereupon the resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the Clerk. The Clerk-Coordinator presented a proposed form of bond and coupon for said bond issue, which were examined, approved and ordered placed on file in the office of the City Clerk-Coordinator. APPLICATIONS On motion of Councilman Balfanz. seconded by Councilman Thompson the following Contractor's Licenses were granted: AC1 Drywall, Inc. 505 Black Oaks Lane Wayzata, Mh. 44391 Sheet Rocking and Taping Renewal The Denesen Co. 2836 Colfax Ave. S. Minneapolis, Mh. 55426 General New Gorco Construction Co. 3384 Brownlow Avenue St. Louis Park, MD. 55426 Donald W. House 5045 Sunnyside Road New Birghton, Mo. 55112 General New Masonry & Brick Work New .\ '. . . " .'~ \ ~ '- . . t . . , I October 8, 1974 - continued ~ On motion of Councilman Peterson, seconded by Councilman Balfanz a Sunday On Sale Liquor License was granted to the American Legion Club for September 29. October 6. 13. 20 and 27 and November 3, 17 and 24 and December I, 1974 and the fee was set at $50.00 for these dates for the date of September 22, 1974 which was approved at an earlier date. COMMUNICATIONS From Mrs. Hazel Bonse, Chairman of the Cherry Knoll Playground Committee. Washington School,asking the City to clean up the ravine adjacent to this Playground and a second letter requesting the City's participation in a sign for this playground. !~ On motion of Councilman Peterson, seconded by Councilman Thompson these letters were referred to the Parks and Recreation Commission and that they contact the School District and work with them on this park since this is School property. From Stanley LaCasse regardin g his assessment for the sewer separation on a portion of his property which is not buildable. On motion of Councilman Peterson, seconded by Councilman Wohlers the Council accepted the recommendation of the City Coordinator and the Director of Public Works that this assessment remain as assessed at $212.50 and the City Coordinator was instructed to contact Mr. LaCasse and inform him of the Council's decision. From LaVona Seim, North First Street, detailing the damage to her property due to a heavy rainfall on August 15, 1974 and a storm sewer overflow. This claim letter has been referred to the Krog Insurance Agency. From Lenno Schmidt, 1304 South Fourth Street, for a charge to Bliss Plumbing and Heating Co. on a sewer problem in the City street. On motion of Councilman Peterson, seconded by Councilman Balfanz the Council approved the payment of ~45.00 to Bliss Plumbing and Heating Co. for a sewer problem at the Lenno Schmidt residence. CITY COORDINATOR'S REPORT On motion of Councilman Peterson, seconded by Councilman Balfanz the Council authorized the temporary hooding of three meters on the west side of South Main Street from Chestnut to Olive during the construction of Union Alley which will be used as a loading zone for Jandas, Sears, Somplace Else and the Wine Shop. 2. Discussion was held regarding the appeal of the assessment from Merrill Stahl for the construction of North Third Street, Local Improvement No. 110. He has requested damages of $1,500.00. 1. \".,) On motion of Counc':"lman Balfanz , seconded by Councilman Wohlers the City Attorney was instructed to inform Mr. Lammers, attorney for Mr. Stahl, that the City is not in favor of paying off any claims of any damages done by the contractor. 3. The Claim from Mark Madsen against the Stillwater Police Department for personal property stolen from his truck was turned over to the Krog Insurance Agency. CONSULTING ENGINEER'S REPORT 1. On motion of Councilman Peterson, seconded by Councilman Balfanz the following contractor's estimates were approved for payment: Batzli Electric Co. Estimate No.2-Local Improvement No. 97-A 704 University Avenue, St. Paul, Mo. $23,382.50 The Saxton Companie~, Inc. Local Improvement 7900 Xerxes Avenue South, Suite 201 Bloomington, Mh. 55431 No. 127 $22,075.01 . '\ 261 . . \ ~. . / . t , I 262 . . , I I i i I i I I I , , , I , , , I I i I I I I , . .... October 8, 1974 - continued COMMMITTEE REPORTS PUBLIC SAFETY 1. On motion of Councilman Balfanz. seconded by Councilman Peterson, a resolution was introduced "AUTHORIZING THE INSTALLATION OF 'NO PARKING' SIGNS ON THE NORTH SIDE OF EAST WALNUT STREET BETWEEN SOUTH THIRD AND SOUTH SECOND STREETS". (see resolutions) 2. The City Coordinator was directed to include in the budget for 1975 the figure of $15.00 per shift for the standby volunteer firemen. PUBLIC WORKS No Report ADMINISTRATIVE No Report PARKS AND RECREATION No Report CITY ATTORNEY'S REPORT 1. On motion of Councilman Peterson, seconded by Councilman Wohlers the Clerk made the second reading of an ordinance entitled "AN ORDINANCE ESTABLISHING PROCEDURE FOR DEFERRAL OF SPECIAL ASSESSMENTS FOR SENIOR CITIZENS". 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. KIMMEL reported on the culverts on County Road No. 5 in that the County would be willing to do the work at a cost of $1,030.00 and the City and Orrin Thompson accept the culvert cost - the City would have to obtain an easement across the Hooley property and he is going to check out the re- location of 62nd Street and report further on this matter. 3. The lawsuit Sullivan vs. the City of Stillwater was set for this Thursday but due to the illness of Mr. Sullivan's attorney this case has been post- poned indefinitely. ORDINANCES Second "'iiidings _ AN ORDINANCE REZONING CERTAIN PROPERTY IN SECTION 32 FROM INDUSTRIAL TO COMMERCIAL AND PROVIDING FOR SPECIAL USE PERMITS FOR ALL NEW COMMERCIAL AND INDUSTRIAL CONSTRUCTION. AN ORDINANCE ESTABLISHING PROCEDURE FOR DEFERRAL OF SPECIAL ASSESSMENTS FOR SENIOR CITIZENS RESOLUTIONS The following resolutions were read and on roll call were unanimously adopted: 1. Directing the Payment of the Bills. 2. Awarding Sale of $400,000 Improvement Bonds of 1974, Authorizing Their Issuance, Fixing Their Form and Details, Directing Their Execution and Delivery, and Providing for their Payment. 3. Accepting Work and Making Final Payment - Local Improvement No. 109 - Dependable Surfacing Co. 4. Accepting Work and Making Final Payment, Local Improvement No. 122- Spalcoating - Blacktop Construction. S. Authorizing Installation of Stop Signs - Fifth and Sixth at Orleans Everett and Orleans and Everett and Anderson 6. No Parking Signs on the North Side of East Walnut Street between Second and Third Streets. . . /--- i J. .,....., - '- . . . October 8. 1974 263 '" ADJOURNMENT On motion of Councilman Balfanz, seconded by Councilman Peterson the meeting adj ourned at 9: 35 P. M. ~~~ Mayor o Atte~ (VJ~. U( City Clerk o .