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HomeMy WebLinkAbout1971-11-23 CC MIN f' . c '---' COUNCIL CIfAMBER Stillwater, Minnesota November 23, 1971 7:30 P. M. REGULAR MEETING The ..eting WilS called to order by President Powell. The Invocation was given by Mr. Marshall. Present; Councilmen Balfanz, Lanmera, Peterson, woblers and President Powell Ab;!~nt: None Also Present: City Coordinator. Marshall: City Attorney, Kimmel: (arrived at 10;00 P. M.); Director of Parks and Recreation. BlekUm.: Consulting En9inee~, Elliott; Investigator, GedatuB Pre..: St. Paul Dispatch - Jim Broede Stillwater Evening Gazette - Roger Gratiot MAW - Mike McGrath Citizens. Mr. & Mrs. Thomas Lallll8rs, Mrs. Michael Raleigh, Bob Groth, John DeCurtins. Jr., Robert Kelly, Floyd Sherrard, Dean Charlsen, Bob Bielenberg, Bill Fierke, Gary Thompson,orrin:lThompsen INDIVIDUALS - DELGATIOHS Mayor powell welcomed cadet Girl Scout Troop No. 36 and their leader Charlene Kuebn, who were present to observe this meeting. MR. DBAN CBARISEN appeared before the Council in reference to a request for an application for a variance from the building code fire limits which would enable him to construct a frame 8-unit apartment building at 428 South Broadway. Mr. Marshall stated that there is the possibility of changing the Pire Ordinance. Mr. Charlsen stated that he has a party who is interested in buying this property for two homes and according to the present ordinance, no frame buildings are allowed on the West 75 feet of this property as that is where the dividing line is for the fire limits - the lots are split. COUNCILMAN LAMMERS stated that the council haa discussed this problem of multiple-dwellings at the Administrative Committee meeting, and it is the recomaK.ndation of the committee that special use permits be required for all multiple dwellings. He further stated that they should possibly add to th~ proposed ordinance minimum standards through out the area, and in the meantime there be no permits issued until such an ordinance is drafted. He suggested that this property be referred to the planning Commission. MR. MARSHALL stated there are area requir~ments, setbacks, parking ratios and other items which are not covered by the State Building Code that would be put into this Ordinance. . 181\. (November 23, 1971 - continued) MAYOR POWELL stated that there should be a difference bfttween multiple dwelling in the downtown area as opposed to the residential area. It is possible ~o build on less land downtown as they are talking about high-rise. As the ordinance now stands no one can build a high-rise. This new ordinance would allow for variances that would have to be considered depenoing upon where you are bui1aing. He asked the council if they felt that the fire zoning has to be referrea to the Planning Conmission or a aortorium be placed on selling this land. We would have an Ordinance requiring every multiple dwelling would have to be a special use permit - each one wou'ld be considered individually. The Council wants to have some control - for multiple dwellings you present your plans and they are approved. COUNCILMAN IAMMBRS moved that we authorize the City Coordinator and the City Attorney and the Planning conmission to prepare for the council an orainance Amending the Zoning Ordinance requiring special use permits for all multiple dwellings and until this orainance is passed that we place a mortorium on building permits for multiple dwellings. The IDOtion was seconded by COUNCILMJ'lN PETERSON (all voted in favor of the IaOtion. on IIOtion of councilman Lanmers, seconded by Councilman Wohlers the Clerk made the first reading by title of an ordinance Amending the Fire Limits. (all in favor of the motion). (See Ordinances). PE'l'XTIORS on ~ion of Councilman Peterson, seconded by Councilman Balfanz the Council accepted the pltLtioll"from Independent School District No. 834 for the vacations of a portion of Cherry and Harriet Streets and set the date of the Public Hearing for January 11~ 1972 at 7:30 P. M. (all in favor). ow BUS:rRESS (out of order) MR.lOBBRT KBLLY presented to the counail a "Resolution Requesting the Minnesota and wisaonsin DepartIDBnts of Natural Resources to Make the St. Croix River Adjacent to the Stillwater City Limits a Game Refuge." On motion of councilman Laauners, seconded by counailman Peterson a resoluticm was introduced ent itled "RESOLUTION REQUESTING THB MINNESOTA AND . WISCONSIN DBPARTMlNTS OF NATURAL RESOURCES TO MAD THE ST. CROIX RIVER ADJACENT TO TIlE STILDfATBR CITY LIMITS A GAME REFO'lE.. (see resolutions). UNFINISHED BUSINESS 1. The council viewed the final plat of the Wild Pines Development and asked nw.rous questiOlll of Mr. Thompson. On motion of councilman Balfanz, seconded by councilman Woblers a resolution was introducea approWDg the final plat of Wild Pines, First Addition for 80 Individual Lots. (all in favor). (see resolutions). 2. on motion of Councilman Peterson, seconded by Councilman Wohlers a resolution was introduced IIEntering into An Agreement with the Orrin, Thom.oson Construc- tion Co. Determiaing Assessment and Bonding Procedures f'or Wi:a.c:'I Pines, First Addition not to Exceed Three Years II. (see resoluti.ons). (Mr. Marshall read the complete agreement whiah is on file) r r '. F''''\ U . . o - ".'0' ..... I ,1 i",."j ~ -- (November 23, 1971 - continued) 3. The following bids were opened at 4: 30 P. M. for Local Improvement No. 103 -sanitary Sewer, Watermain, Storm Sewer and Miscellaneous Construction Items, Wild Pines Addition to stillwater - Phase II. aI.a No. 1 Orfei & Sons, Inc. St. Paul, Minnesota Bid Bond Total Bid $125.322.16 Bid No.2 Irving Lamppa construction, Inc. Aurora, Minnesota Bid Bond Total Bid $126,133.50 Bid No. 3 Moelter construction Co. Stillwater, Minnesota Bid Bond Total Bid $169.725.00 Bid 110. 4 Shafer CODtraetng Co. Shafer, Minnesota Bid Bond Total Bid $186,216.50 Bid No.5 Barbarossa & Sons, Inc. 08880, Minnesota Bid Bond Total aid $118.508.50 Bid No. 6 Brwin Montgomery Construction 088eo, Minnesota Bid Bond Total Bid $113.632.10 Bid RD. 7 ArcaD construetion Co. Mora, Minnesota Bid Bond Total Bid $1~3,553.20 on motion of councilman Wohlers, seconded by Councilman Balfanz a re.olution was introduced "Awarding the contract for Water and Sewer Improvements in Wild Pines, First Addition, LDC:al l.mprovement No. 103" to the BrWin Montgomery constructionlCompany at a bid price of $113,632.00. (see resolutions). 4. on IllOtion of Councilman Peterson, seconded by Councilman Balfanz, the City Coordinator was instructed to check with Mr. Springsted on the method of financing the water and sewer construction in wild Pines, First Addition and report back at the next regular meeting of the Council. 183 . 184 (November 23, 1971 - continued) 5. Discussion we.. held on tho operations and Maintenance Manual for the sewage Treatment Plant. Mr. Marshall had been informed that it would be reimburaed 1000(, but Mr. Elliott stated that would be only the amount of the grant or 33% of the cost. If we are to be re- imbursed only 33%. then the council felt that the balance should be paid by the Metro sewer Board. (Action was deferred until the next meeting so that additional information could be checked out). NEW BUSYNESS M. by councilman The Following bidB for three police care.: were opeh,~J. at 4:00 P peterson,Investigator, Gedatus and Deputy Clerk, schnell. Bid No.1 polar Chevrolet, Inc. white Bear Lake, Minnesota certified Check Net Bid $9.795.00 Bid No.2 Erickson Post, Inc. Stillwater, Minnesota certified Check Net Bid $7.365.00 1. On motion of Councilman peterson, seconded by councilman Wohlers a resolution was introduced to award the bid for the three police cars to the low bidder, Erickson Post, Inc., stillwater at a net bid price of $7,365.00 as recommended by Chief Abrahamson and Investigator Gedatus. (see resolutions). 2. On motion of Councilman peterson, seconded by councilman Balfanz Change Orders 5 and 6 for Arcon Construction Co. for Local Improvement Nos. 81, 88, 90 and 91 for a rubble wall at $2,894.50 and a deduct of $302.55 were approved. (The Mayor declared a recess from 8:50 to 9:00 P. M.) 3. on motion of councilman peterson, seconded by councilman Balfanz a resolution was introduced "Accepting the Work and Approving Final payment to Arcon Construction Co. for Local Improvell\8nt Nos. 81, 88, 90 and 91 in the amount of $35,778.62 less $200.00 for disturbing a new street on the oak Street cul-de-sac to locate a water shutoff valve. (see resolutions). 4. on motion of councilman Peterson, seconded by councilman Wohlers purchase of the following securities from city of stillwater as principal was approved by the First National Bank of Minneapolis Escrow Account: $9.000 u. S. Treasury Bills due 4/30/72 Yield--4.20 5. on motion of councilman Balfanz, seconded by councilman p.t.r.~n a resolution was introduced "Authorizing the Mayor and city coorainator to Enter Into a Revised stipulation Agreement with the Pollution control Agency." (councilman LammIIr8 opposed). (see resolutions). 6. on motion of Councilman Peterson, seconded by councilman Lammers a resolution was introduced "Supporting the Concept of a washington county police Communications Network." (see resolutions). . r ~ , , , '- L. '-, f' . r'- ~ (November 23, 1911 - continued) 7. On motion of councilman Wohlers, seconded by Councilman Lammers the Clerk ",.ade the first reading by title of an ordinance entitled "AN ORDINANCE AMENDING ORDINANCE NO. 383, THE ZONING ORDINANCE, PROVIDING FOR A FLOOD PLAIN OVERLAY ZONING DISTRICT". (see ordinances) 8. On motion of councilman Peterson, seconded by Councilman Wohlers the date of the public hearing and second reading of the Flood Plain Overlay zoning District was set for December 7, 1971. 9. On motion of councilman peterson, seconded by Councilman Wohlers the Clerk made the first reading of an ordinance entitled "AN ORDINANCE PROHIBITING THE DEPOSrr OF CERTAIN MATERIALS ON CITY SToms". (.e. ordinances). 10. Discussion was held on the aedevelopment Authority's preliminary Plans indicating the feasibility of making Water Street a thru street and making both Water and Main Streets one-way streets. The city coordinator was directed to contact the Chamber of Commerce and tell them ",,'hat we are thinking about and request the Housing Authority and the Planner and the Chamber of commerce to .ee if they approve of this concept before taking the matter to the Minnesota Highway Department. 11. On motion of councilman Lammers, seconded by councilman Balfanz a resolution was introduced accepting Workmen's Compensation Insurance policy No. PWC-9800506 with the McGarry-Kearney Insurance Agency. (see resolutions). COMMUNICATIONS 1. Notice of suit from F. c. DuRocher for cause for damages for location of a sewer line on West Olive Street. APP'I'.TI"a.TI.QRS on motion of councilman Lanaers, seconded by Councilman wohlers an operator's License, J\m.useraent and Music Machine Licenses were granted to Leonard A. Anderson, Hudson, wisconsin. (renewal). On motion of councilman Peterson, seconded by councilman Wohlers a license "To Haul over City Streets" was granted to J. H. swinton, Stillwater. (renewal). On motion of Councilman Wohlers, seconded by councilman Balfanz the following "On Sale cLub Liquor LiCEnses.' were approved subject to the approval of the Liquor control commissioner: American Legion Post #48 103 S. Third Street, Stillwater, MinneBota Renewal Fraternal order of Eagles 227 South Main street, Stillwater, Minnesota Renewal Stillwater Country Club North Fourth Street, Stillwater, Minnesota Renewal Stillwater Elks Club No. 119 110 South Main street, Stillwater, Minnesota Renewal Veterans of FOreign Wars Post No. 323 124 North Main Street, Stillwater Renewal Bonds in the amount of $1,000 were also approved. 185 . . 186 . (November 23. 1971 - continued) on met. ion of councilman Wohlers, seconded by councilman "OFF SALE LXQUOR LICENSES" were approved subject to t.he Liquor control Comndssioner: Lammers the following approval of the John L. Hinz - John's Bar 302 South ~in Street, Stillwater Renewal Glen L. Karloske - Pla Mar Recreation 317 south Main street, Stillwater Renewal Kinse 1 Liquor Store 118 East Chestnut street, Stillwater Renewal Merl K. Meister 112 North Main Street. Stillwater Renewal Bonds in the amount of $1,000.00 each were also approvea. (all in favor) CITY COORDINATOR I S REPORT 1. Mr. Marshall reported to the city council that he had spent two hours with the representatives from Bud reviewing the proposed storm-sanitary separation and this inspect inn was made in the daylight hours. He feels that we are higher on the list for the proposed grant - no money possible until March 31, 1972. He does feel that things do look brighter on this matter at this tir~. 2. There will be a meeting of the council on TUesday, NoverJber 30, 1971 at 7:30 P. M. to consider the 1972 Improvement projects for streets and sidewalks and also to work on the budget. 3. Mr. Marshall stated that there was some misunderstanding regarding additional manpower for the Lily Lake Ice Arena. He has 16 applications for an additional man and it was the recommendation of the Recreation commission that Jake Schm08ckel be hired for the alternate at $600.00 per month. The Council and the Mayor questioned why they had selected this applicant. and no reasons were available at this time and Mr. Blekum was working and unable to be, present at this meeting. (Action on this matter was delayed until the council could get some more information from the Recreation commission on the matter). 4. on motion of councilman Peterson, seconded by councilman Balfanz a fee of $25.00 was set for each building connected to the Simplex Alarm system commencing January 1, 1972 and these firms to be billed by the City Clerkls Office. CONSULTING ENGINEER'S RlPORT 1. Mr. Elliott reported that Tower Asphalt and Moelter construction have ceased work for this construction season. There is one day.S work left on Sixth Avenue South, but could not be finished because of the weather. He suggested that the snowplOWS stay away from the gutters on this street to avoid possible damage to them. There are streets on the North side of Stillwater that have been graded without a surfacing and they will create problems in the spring. He had instructed the contractor to take some measures to make some transition in these areas or the.. streets will not be passable in the spring. The Hancock Street sewer project is completed with the exception of the gEavel on the street. r' r , . . ~ ... - c ',- . o (November 23, 1971- continued) r-- 2. The estimate from T. A. Schifsky for the work on Local Improvement No. 92 will have to be held until spring as they did not come back to finish their work on this project and. of course, it is too late this season to take care of it. COMMI~B REPORTS PUBLIC SAFETY None P'~LIC WORKS 1. ~x. Shelton gave a detailed written report to the council on a number of items for council information only and none of these items needed Council action. (see detailed report in the files). ~ ADJUHISTRA~IVE 1. The Library addition is under construction and a question was raised aa to whether or Dot they should be charged for a building permit for this project. Due to the fact that other municipal buildings were charged for permit, that the contractor on this project should also be charged. PAlUCS AND RECREATION 1. Mr. Marshall was directed to reply to a letter from Mr. Reinhold Guse regarding the hours of skating on Saturday evenings. CITY ATTORNEY' S REPORT Hone APPROVAL OF MINUTES On motion of Councilman peterson. seconded by Councilman Balfanz minutes of the following meetings were approved: October 26. 1971 November 9, 1971 Regular Meeting Regular Meeting 7.30 P. M. 7.30 P. M. ORDINANCES 1. Amending Ordinance no. #383, the zoning Ordinance" PROVIDING FOR A FLOOD PlAIN OVERLAY ZONING DISTRICT". (first reading by title). 2.. "An Ordinance Amending the Fire Limits" (first reading by title - Amenc1ing Ordinance No.. 383. The zoning Ordinance) . 3.. "AN ORDINANCE PROHIBITING THE DEPOSIT OF CERTAIN MATERIALS ON CI'l'Y STREETS". (first reading by title).. RESOLt1rIONS The following resolutions were read and on rQll call were unanimously adopted: 1870 . o o , . . 188 (November 23, 1971 - continued) 1. Approving the Final plat of Wild Pines, First Addition & Entering into An Agreement with the Orrin Thompson Construction Co., Determining Assessment and Bonding Procedures for the Improvements to Wild pines - First Addition. 2. Awarding the Contract for Water and Sewer Improvements in wild Pines, First Addition - Project No. 103 (Erwin Montgomery Construction Co. - cost of $113,632.00) 3. Requesting the Minnesota and Wisconsin Departments of Natural Resources to Make the St. Croix River Adjacent to the Stillwater City Limits a Game Refuge. 4. Authorizing the Mayor and the city Coordinator to Enter into a Revised Stipulation Agreement with the Pollution Control Agency. (Councilman Lammers opposed). 5. Supporting the Concept of a washington County Police Communication Het:work. 6. Awarding Bids for the Purchase of Three Police Cars (Erickson Post Co.) 7. Accepting Work and Approving the Final payment to the Arcan Construction Co. for work on Local Improvement Nos. 81, 88, 90, and 91-1970. 8. Accepting Insurance - Workmen's compensation LiabD.ity (McGarry- Kearney Agency). ADJOlJRHMEH'l' On motion of Councilman Balfanz, seconded by Councilman Peterson the meeting adjourned at 10110 P. M. ,g)~~~ .-~l52....f};//,("j..liJ ty Clerk May'or ~ . r, '- ~, . \ .. . .