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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
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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
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October 8, 1974 --
continued
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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
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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.
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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.
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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
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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.
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ADJOURNMENT
On motion of Councilman Balfanz, seconded by Councilman Peterson the
meeting adj ourned at 9: 35 P. M.
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Mayor
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City Clerk
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