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HomeMy WebLinkAbout1972-04-25 CC MIN f' 257 COUNCIL CIIl\MBER Stillwater, Minnesota April 25, 1972 7.30 p. M. REGULAR MEETING The .eting was called to order by president powell. The Invocation was given by Mr. Marshall. Present; councilll8n Balfanz, La_re, Peterson, Wohlers and President powell AbHnt t None Also Present: city coordinator. Marshall: city Attorney, KilllDlll: superintendent of Public Works, Shelton, Public Safety Director, AbrahUUlOn: Director of parks and Recreation, ai.kwa: consulting Bngine.r,. Elliott: Chairman, planning and Zoning coJlllllission, Arndt Pre..: St. Paul Dispatch - Broede Stillwa~r Bvening Gazette - Gratiot WAVR - Me Grath Citizens: Fred DUrocher, Mrs. Lloyd Bodlovick" Jerome Kain;"Mr. &, MJ:.~ Hoyt Johnson, Mr. &:IU'B. ROY Rydeen, James Jun~er.'Jla,,,id.~upJtIt~, Mr. &: Mrs. Ted Gillen, Alden Johnson. Mr. & Mrs. Dennis Haresy, Mr. &: Mrs. willlam. Anderson, John Lentsch, George Vollmer, Sandra GraMftZ, walt Thatcher, Thomas Schell DlDIVIDUA1S-DBLBl"~T:IOHS-PET:IT:IONS This yas the day and t1Dle set to open bids on Regular Gasoline and Die8el Fuel oil. The advertisel'lBnt for bids was published in the Stillwater Bvening Gazette, official newspaper of the city on April 14, 1972. The following bid. were then opened. &c.; read aloud: B:ID HO. 1 Standard Oil Division Am8rican Oil Co. 114 Bast Armour BlVd. Kansa. City, Missouri 64111 proposal BOnd. Regular Gasoline *2 Diesel Fuel (pr ices exe 1ud. tax) 15.1~ par gallon 13.1~ par gallon BID NO. 2 Quality Oil Co. 211 Bast Chestnut St. Stillwater, Minnesota 55082 certified Check Regular Gasoline Diesel Fuel 24.7~ per gallon l4.l0~ per gallon . . . /258 . (April 25, 1972 - continued) Bid No~ 3 Kilty-ogren petroleum Co. 6350 Oasis Avenue North Stillwater, Minnesota 55082 TwO certified Checks Regular Gasoline Diesel Fuel * includes state tax 23.5~ per gallon. 21.2~ per gallon. Bid No. 4 Midland cooperatives, InCa 739 Johnson St. N. E. Minneapolis. Minnesota 55413 certified Check Regular Gasoline Diesel Fuel (no taxes incluc:ied) 15.74~ per qa110n 14. 58~ per gallon On DIOtion of councilman Balfanz, seconded by councillUD Wohlers the Contract was awarded to the standard oil Division of the AMrican Oil co. fo~ the regular ga801ine at 15.10 per gallon and No. 2 Di...l Fuel at 13.10 per gallon for the period MaY 1, 1972 thru March 31. 1973. This was the day and ti.. set for a public heating on a request from David Junker to rezone the property at 110 south Greeley~Street from. (RB) to. (CA) and for a special Use permit to operate a Transportation Terminal for the storage of construction and sanitation equipment at that location. The bearing notice was published in the Stillwater Evening Gazette. the official newspaper of the city on April 14. 1972 and copies were mailed to all property owners within 300 feet of the parcel to be rezoned. The Mayor then opened the hearing. JAMBS JUNJCBR explained he operated the Junker sanitation service and will be using this location for the storage of his two trucks. He stated they started up at a bad tiM of the year with this operation and they have had to shuttle trucks in and out of the building. All of the trucks will be inside the building - no vehicles outside. but at the present time the door is not high enough but a new doOr will be put in on the North side of the building. TheY plan to have a fence on the sbort side and along the North side. He mquested that they be given a chance to shoW' what they can do with this building and the site. He did agree that there is congestion there now. but this would be corrected.' MR. DUA1d ARRDT. Chairman of the planning comis.ion sumraarized their Finding of Pacts from their meeting on April 24. 1972 when the commission denied this reque.t. The snowland Dairy had operated under the grandfather clause. property owners within 300 feet are opposed to the use of this property for a depot due to increased nois.. motor vehicle pollution. heavy vehicular traffic and the nuisance character of the equip.-nt to be stored on the property. Also the proposed rezoning would introduce into an essentially residential district a commercial land use which is inconsistent with a residential neighborhood and the introduction of a commercial district into an otherwi.. two family district would adversely affect the property values of abutting property owners and other property in proximity to the site. TED GILLEN. 1011 West Myrtle Street stated that Mr. Arndt had covered the essence of the property owners objections. and if the area is rezoned commercial the city would lose control of that property. His main objection was the reduction of the property values in the area. (He presented a signed petition to the city coordinator at this time, in opposition to this rezoning.) r'- c-- \.. . . . . I""" (April 25~ 1972 - continued) . - A REPRESENTATIVE of the board of the First Methodist Church stated they choBe a residential area for their new church instead of the commercial zoning they had with their old church at the corner of Myrtle ano Fourth and they expect it to remain residential. They have no personal attacK on the Junkers and they know that Snowland was there and they used the church parking lot during the week and when they had church functions they obtained their milk from the Dairy. Their chief objection was to rezoning now to Commercial as the City would lose control and he wanted it indicated in the records that they were opposed to the rezoning_ MAYOR POWBLL questioned how many people were opposed to the rezoning and possibly opposed or not opposed to the Special Use permit. ALDER JOHNSON, 114 South owens was opposed to the rezoning and also opposed to the Special Uee Permit for this use. ..~ MAYOR PONELL stated that it is possible to have a Special Use Permit in a residential area. but that Mr. Arndt had sugge.ted that it might be improper as it would set a precident in any (RB) District. but we could possibly consider a Special Use Permit. WALT TMTCBBR. 212 South Greeley stated that when Zolldana wanted to in their building, there WiSS a request for a launderette and the people were upset at that tiM. He a180 questionted whether there would be health problem here with the dairy still operating an~ also the storage of trucks in the same building. The area ie zoned residential and he would like to keep it that way. MR. MRSBALL stated he had checked with the State on this matter and if there is a solid wall there. then there would be no problem. and they would check this out. ROY RYDBBH. 917 West Myrtle Street stated his property abuts this site and he is very much in favor of having it zoned residential and one reason is the property values. If one is buying. selling or making a loan the value goes down when you are in a Commercial zone and the class of people who buy that property is limited. This would be putting an unwarranted burden on the property owners in the area. He further questioned their promises to keep the vehicles in the garages. He also complained about their early hours and the noise and pollution. If the property were to detriorate then it would becoM a nuisance. and the city would have it taken down. He felt the area should be kept residential and not handicap the people with a further burden. JOJIH LENTSCH. owner of 104 South Greeley. just north of the snowland Building invested in this property and since their operation has been going he has one tennant that will have to move because of the noise and the fUMs due to her . ag. and ill health. His other tennant is also concerned and this would deter- iorate from the City. He added that most cities have Industrial areas and keep it aonfied to that. COUHCILMAN LAMMBRS asked if they were to leave the area residential and allow this Special US8 and restrict the hours he would gather they would still be opposed to the operation. ~ ROY RYDBBN stated that 50% ef all pollution is from cards and with these vehicles there is further pollution. COUNCILMAN BALFANZ requested that James Junker make a drawing on the blackboard of the building showing the location of the cooler and the other divisions in the building which he did. JAMBS ~R stated that in Hutchinson his qarage there they have all the trucks parked inside and they are never left out. and the trucks will be started in the garages. HOYT JOHNSON. 820 Wese Myrtle Street remarked that he has been ill and has to get a lot of rest and is unable to take medication for sleeping and the noise of these trucks in the early norning hours disturbs his sleep. JAMES ~CER asked what they are going to do with the building - let it stand idle. If they moved out in the country, before too long there would be houses built all around them. They have been looking for a garage for three years. Both stillwater and Grant Townships don't want them. 259 . . . . . "1"0 ",I) . (April 25. 1972 - continued) MRS. WILLIAM ANDERSON, 221 West Myrtle Street who is contemplating the purchase of the building at 122 South Greeley questionted Mr. Junker about the building and their operations, especially the washing of the garbage trucks on the site. MAyOR POWELL stated that if it should go in, any cleaning of any garbage trucks, would have to be done on the inside and all of the sewage would go down the inside drains. MRS. LEB GRAMENZ, 121 South Owens Street was concerned about the backholer and other large equipment which has ~een parked on the street by this location. MA~R POWELL stated Jim Junker would have two trucks here and David Junker would have trucks and equipment used for his landscaping service. MR. DENNIS HAReEY asked if they would be having some type of repair shop in this building. JIM JUNlCBR stated they would have a mechanic shop for the repair of all of their own equipment. TED GILLEN further questioned the washing of the garbage trucks and Mr. Junker replied that really the trucks aren't that dirty and they just wash off and the dirt is on the outside of the trucks, and they do not smell. ROY RYDBBN stated that he could go out in the rural area and find his operation acceptable if it is that bad, and why should the citizens and property owners within the City with the houses close together have to bear this burden and' the area Should be zoned residential. MRS. DENNIS HARSEY said it was her understanding that Greeley and Myrtle Streets were main routes for the ambulance and also one of the busiest corners in town and with these trucks parkeo.'.l on the street it doee block the traffic. She felt that there was no way they could put up a fence to block it out completely. MR. DAVID J1JNKBR said that the semi from Snowland is too long for the ramp and this truck has to park on the sidewalk. TIlE ""YOR CLOSED TIlE HEARING AT 8.25 P. M. COUNCILMAN LAMMERS said taking into consideration the adverse effect on the adjacent property owners, even though he would like to help the Junkers, he felt that there was no way that this rezoning could be allowed and ~ved that the request be denied. COUNCILMAlJ PETERSON stated that the Junkers are good operator. and they do have a problem and also the neighbors have a problem and then he seconded the mot,iOD. Vote on the motion - Councilman Balfanz Councilman Lammers Councilman Peterson Councilman Wohlers Mayor Powell Nay Aye Aye Aye Abstained (TIlE MAYOR DECLARED A RECESS FROM 8.30 to 8.40 P. M.) This was the day and time set for a hearing on the petition to vacate a portion of Pine Tree Trail. The notice for hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on March 17, March 24, March 31 and April 7, 1972. The Mayor then opened the hearing. No one appeared in favor or opposed to this proposed vacation. On motion of Councilman Peterson, seconded by Councilman Balfanz a resolution was introduced "Vacating a Portion of pine Tree Trail". (see resolutions) . . r . . (April 25, 1972 - continued) 2(H I""" ~ MR. JACK DISON, 1521 West olive Street appeared before the Council in reference to a sewer and water connection on property on Olive Street which he purchased froll Lyle Anderson and in turn he sold the property to Lloyd Bodlovick and there were problems in locating the hookups for a home. Mr. Marshall explained the situation and also what has happened at other locations on West olive Street. Mr. Durocher was not asseBsed, Mr. Judd orff, was not assessed and Gib SWanson was not assesaed. Lyle Anderson was assessed for water and sewer: the plat maps were wrong on the "y's" for Mr. Swanson and Mr. Bodlovick. Mr. Marshall has the following claims againlt. the City on this matter: ,~ Fred Durocher Rudy Chaves Lloyd Bocllovick Gib Swanson $180.00 $624.33 $806.00 $605.00 Mayor Powell directed, with the consent of the Council that these individuals talk to Mr. Mar.hall and Mr. Shelton and clarify theBe claims and that we do it fairly. On motion of. councillDlln Peterson, seconded by councilman Lammers the City Coordinator and Mr. Shelton and possibly Mr. Jei_l were in.tructed to contact each one of these property owners and haw. the. co. down to the office and \IiIOrk out some Sort of suitable agreeMnt which is reasonable as far as these claims are concerned. (all in favor). UNFINISHED BUSINESS 1. On IQOtion of councilllliln peterson, seconded by Councilman Wohlers a resolution was introduced -ACCEPTING THE WORK AND AUTHORIZING TBB PINAL PAYllEHT FOR TIlE REPAIR OF THE MAIN AND WILlARD STREET STAYRS.. (see resolutions) RIM BUSIHKSS 1. On IW)tion of Councilman wohlers, seconded by Councilman Balfanz the sale o~ 26 feet of City property to Mr. Jero_ Kainz, 1316 West Olive Street eubject to the City Attorney's advice to do so without an appraisal and subject to allowing the water department to maintain the water seepage at a price of $275.00 plus legal expenses, was approved. 2. On IDOtion of Councilman Peterson, seconded by Councilman Balfanz the Clerk made the first reading by title of an ordinance entitled MAN ORDIHAHCB AME1IDING ORDINANCE NO. 383. TIlE ZONING ORDINANCE, BY PROVIDING POR PL.'II1IBD UNrI" DEVBIDPMBNTS". (see Ordinances). ~ 3. On.. mtion of Councilman Peterson, seconded by CouncillDlln Balfanl.". the Clerk made the fir.t reading by title of an Ordinance entitled "^N ORDlllAHCI! AME1IDING ORDINANCE NO. 448. BY PROVIDING FOR A CHANGE IN TIlE BXPlRATION DAft FOR CON'l'ltACTOR'S LICBNSES". (..e ordinance.). 4. On motion of councilman Balfanz, .econded by Councilman Wohlers, the Clerk made the first reading by title of an ordinance entitled "AN ORDINANCE ADOPTING THE MINNESOTA MJDEL CIVIL DEFENSB ORDINANCE". (B.e Ordinances). 5. On motion of Councilman Peterson, seconded by Councilman Balfanz the City Coordinator was directed to draw up the Agreement and have it available at the next meeting on May 9, 1972. (Between Washington County and the City of St illwater for Street Mattings) . . . . 2 (April 25, 1972 - continued) 6. on motion of Councilman Wohlers, seconded by councilman Balfanz a resolution was introduced OIAPPOINTING HOWARD ANBZ AS A SBASONAL WORICER IN TIlE PARK DEPARTMENT- at the rate of $500.00 per ftWJnth. (8ee resolutions). 7. On ftWJtion of councilman Balfanz, seconded by Councilman Wohlers BSIIB were authorized to prepare the operations Manual for the sewage Plant. (This manual will be used by the EPA for the final inspection of the secondary Plant) 4 (councilman LamMrs was opposed). APPLICATIONS On motion of counciillUn Peterson, seconded by councilman Balfanz the following contractor's Licenses were approved: (renewals) Al V. Kamrath 501 Bast Idaho, St. paul, Minnesota 55101 painting Miller Excavating, Inc. (Peter J. Miller) Route *5, Stillwater Excavating Don Roettger BOx 63, Stillwater, Minnesota General contractor St. croix valley IlIItrove..nt .co. (Gerald J. Cook) Box 201 Stillwater, Minnesota 55082 Roofing ana Repairs and Siding George W. Siegfried 1171 - 9th St., Lake ElllO, Minnesota 55042 General contractor On IIOtion of councilman Balfanz, seconded by councilman Wohlers an -on SALE 3.2 BUR- license was granted to E. J8118S Meister, 901 South Pourth Street, Stil~tar. (renewal). N\IIWIII'tCATIONS proe John Peterson, 1020 North owens street regarding the improvements on North o-ene street. (no action). c:r'l'Y moRDUamR'S REPORT 1. Mr. Marshall inforMd the council that the City wide pickup will start Jlk)nday, May lst and continue for the first two weeks of May. 2. The Junk storage on the stillwater Motor's Old used Car Lot will be removed .s an agreement could not be reached between Mr. Art 'Raduenz and Mr. Gordon Sherman for the use of this property. 3. Mr. Marshall reported that there iB a prOblem on Sixth Avenue South for the construction of t'W homes and the building permits in a (RB) TWO pamily District. In order to obtain additional property to qualify it is necessary that the contractor (ABC Developers buy property and tear down a garage or apply for a variance. Mr. Marshall a180 Buggested that in this caBe and all cases in the future that they require surveys of lots before building permits are issued. On motion of Councilman Balfanz, seconded by councilman Peterson the City Coordinator was instructed to notify Don Nolde of ABC Developers that he would have ten days to tear down the garage er request a variance before the planning Commission. . n ~ ~ (April 25, 1972 - continued) 263 .,.-.., 4. Mr. Marshall submitted to the Council a letter draft to be sent to all contractor's regarding the sumission of plans for the project and the Obtaining of building permits before 'WOrk is started and the Council approved of having this letter sent out. 5. The matter of the adoption of the personnel Regulations which appeared on the Agenda was delayed for the present time. 6. The matter of hiring an Assistant Builoling Inspector was discus.ed and the council will hold a special meeting to take some action on this matter. 7. Mr. Marshall hlld received a request from the School District for sidewa.lks by the Oak Park Blementary School but this property is in the Village of Oak Park Heights. ..--, , There was 00_ discussion about the condition of some of the streets which the school buse. use in the vicl.nity of the Senior High. School, and the council was in agreement that they should have a meeting with the SchOol District on this matter. 8. Mr. Marshall explained to the council that phase I of the washington county Sewer plan as reported by the Metro council in that the Oak Park Heights Plant and the Bayport Plant. will be phased out and there will. be tertiary treatment put into the Stillwater Plant by 1975, and the Stillwater plant Would be phased out by the year 2000 to a plant. at cottage Grove. CONSULTING EHGINBBR I S REPORT 1. Mr. Elliott reported that on tbe Durocher property that one piece did receive an extension for water and there were not new services for the other lot. 2. The sewer and water in Phase II of the Orrin Thompson Development is now half finished as work is in process at the pre.ent time. 3. Mr. Blliott reported that the separation plans are 25% complete for a start date of September 1st. 4. At midnight Ron Chester and two men from the City of Stillwater will check out the infiltrations from outside the sewer lines. He reported that 4o,c. of the volume in the sewer plant is from infiltration. 5. The 1971 street work should resume shortly after the 15th of May. ~ COMMI'l'TBB REPORTS PARKS AND RECREATION 1. On motion of councilman Balfanz, seconded by Councilman Pet.erson a resolution was introduced employing the lifeguards and caretaker for the Lily Lake Park. (sbe resolutions) 2. A report was given on the operational costs of the arena when it i. used for the various purposes. ADMINISTRATIVE No Report PUBLIC SAFETY No Report PUBLIC WORKS No Report . 2G4 (April 25, 1972 - continued) CITY ATTORNEY' S REPORT Mr. Kimmel requested a meeting with the Council to discUSB the proposed annexations before he goes to the meeting on the 25th of May when he is to pre.ent something to the Municipal Commission on the city's idea of orderly annexation South of Highway 96 - how the City feels the Commission should proceed with it. The COuncil agreed to have a special meeting on Tuesday, May 2. 1972 to discuss annexation and the matter of an Assistant Builder Inspector for the City. Mr. KilMlSl reported on a meetiIUJ that he and Mr. Marshall had with officials from washington county regarding storm water drainage on County Road No. 5 and the ,uggestion was that we join with them in acquiring an easement for the use of the Hooley property and that Orrin Thompson 18 8gr..ableto share the cost of the easement - the cost of our participation would be borne by the Thompson construction company. A di.cussion followed about drainage in this area and also in the McKu8ick Lake area all the way down to Brown'. Creek. On motion of Councilman Peter80n. aeconded by Councilman Balfanz that the City of Stillwater request the COunty to initiate a st'.ldy of the storm water problem and that would join. in cooper- atively sharing the cost. ORDDJANCBS First readings - 1. Amending ordinance No. 383. the zoning Ordinance By providing for the Construction of Planned Unit nevelop,.nts. 2. Amending O&'dinance 110. 448. By providing for a Change in the Bxpiration Date for COntractor's Licenses. 3. Adopting the Minnesota Model Civil Defense Ordinance. USOLUT:IORS The f"llowing resolutions were read and on roll call were unanimously adopted: 1. vacation of a Portion of Pine Tree Trail. 2. Accepting the Work and Authorizing the Final payment for the Repair of the Main and Willard Street Stairs. 3. Appointing Howard Anez as a Seasonal worker 4. Employ Lifeguards and Care~aker for Lily Lake Park AD.101lRIIIIlBH'1' On motion of councilman Balfanz, aeconded by Councilman Wohlers the meeting adjourned at 10:40 P. M. .~ l .' . 19~"-4K~ ~ ~ Mayor Attest City Clerk r '. '- . .