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HomeMy WebLinkAbout1972-11-14 CC MIN . . 382 . COUNCIL CHAMBER stillwater, Minnesota November 14, 1972 7:30 P. M. REGULAR MEETING The meeting was called to order by President Powell The Invocation was given by Mr. Marshall. PRESENT: councilmen Balfanz. Lammers, peterson, Wohlers and President Powell ABSENT: None ALSO PRESENT: city Coordinator, Marshall: City Attorney, Kimmel: Superin- tendent of Public works. Shelton: Public safety Director, Abraha~ son: Director of Parks and Recreation, Blekum: consulting Engineer, Elliott PRESS: stillwater Evening Gazette, - Roger Gratiot CITIZENS: Charles salmore, owen Thomas, Mr. & Mrs. x;avid Corbo. John Decurtins, Glenn Thompson, Ted Gillen, V. J. Gedatus INDIVIDUALS - DELEGATIONS - PETITIONS This was the day and time set to continue the public hearing on the request of Charles Salmore for a lot size variance to construct a single family dwelling at 717 West Maple Street. The hearing was continued from october 24, 1972, at which time the request was referred back to the planning commission for additional review _ the commission has again recommended denial of the request. The Mayor re-opened the hearing. The Mayor read the letter which Mr. Kimmel sent to Mr. Duan Arndt, chairman of the planning Commission and also the summuary of the Finding of Facts. Mr. Kimmells op~nion was that Section l7-C of the Sub-division Ordinance is applicable in thi.s case and that it was up to the Council as to whether or not to grant this variance of ~,lOO square feet. Mr. Salmore stated that this lot is in line with all ther other lots in this block and that the council should grant the variance - he has kept up the taxes on this lot for 30 to 40 years and would like to build on it. MAYOR POWELL stated that according to the Sub-division ordinance that he could not see how Mr. Salmore could be denied the use of that land and if he had built on it about 15 years ago the house would be there and no one would say anything. It is a part of the neighborhood and belongs there. None nf the neighbors seem to complain about it. JASON SETZER, 722 West Maple Street, who owns 100 feet on Maple Street is opposed to the construction of a house on this lot as it .....i11 obstruct his view and he felt the rules were set up to correct an inequity. . ~ \ ,: ~ . . (November 14, 1972 - continued) r- . ,... MAYOR POWELL stated that a variance can be grantea where a lot is hemmed in on both sides and it conforms to the other lots in the area, and all of the others are the same. He asked Mr. Shelton if the variance was granted whether Mr. salmore could maintain the necessary setbacks and Mr. Shelton responded that there would be 18 feet on one side and 19 on the other and on the front he could line up with the other homes in the block and have an ample backyard and he would comply in all setback requirements. COUNCILMAN PETERSON stated that they denied a similar request in the same area and that was a request where they had 5.800 sqaure feet and felt there would be a problem if this one was approved. MAYOR POWELL stated that in the other case all of the neighbors complained because of a drainage problem and that the land had changed ownership in the other case. ,':') On motion of Councilman Lammers, seconded by Councilman Wohlers the request of Charles Salmore for a 2,100 foot variance to build at 717 West Maple was granted in accordance with the plans presented to the Building Inspector. Vote on the ItOtion - Ayes - Larrmers, Wohlers, Powell Nays Peterson and Balfanz This was the day and time set for a public hearing on Case No. 133 for a beauty shop in a residential area from Mrs. Janet Corbo, 1122 West Myrtle street. - Special Use permit. The notice of hearing was published on November 3, 1972 and copies were mailed to all residents within 300 feet. The Mayor opened the hearing. MR. MARSHALL summarized the Finding of Facts of the Planning COm\ission on this case. ONE RESIDENT appeared and stated he was concerned about the On-Street parking and felt the stipulations set out by the Planning Commission would take care of this situation. On motion of Councilman Peterson, seconded by Councilman Wohlers a resolution was introduced granting the special Use Permit to Janet Corbo, 1122 West Myrtle Street to operate beauty shop in her home, subject ~ the restrictions outlined by the Planning commission. (see resolutions) . PETITION from property owners on West Moore Street requesting a street light in that area. On motion of Councilman Peterson, seconded by Councilman Lammers this petition was referred to the public Works Committee for their study and recommendation. OLD BUSINESS None . 383 . . . . . ~. (December 22, 1970 - continued) . The following bids wer.e then opened and read aloud: aid No. 1 Standard Oil Co. Kansas City Missouri Proposal Bond Price Per Gallon 13.19(: delivered Bid No. 2 Kilty-Ogren Stillwater, Minnesota Certified Check. 'J Price Per Gallon 12.9C On motion of councilman wohlers. seconded by Councilman Helstrom a resolution was introduced awarding the contract for the fuel oil for the City for the year 1971 to Kilty-Ogren. Stillwater at a price of 12.9~ per gallon. (see resolutions). This was the day and time set for a hearing on the petition to vacate a portion of Commercial AveHue The Clerk read the notice for hearing aloud: The Mayor inquired if the notice for hearing was published and the Clerk informed the Council that the notice for hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on November 18, November 25, December 2, and December 9, 1970. . The Mayor then opened the hearing.. The City Attorney read a letter received from Hoo1ey.s Wholesale Meat Co.. (see letter of December 22, 1970 attached to their petition - Petition File) Mayor Powell: I would ask our attorney what is the next procedure, do we have to anything about the hearing then, or --ID!an about the Mr. Kimmel: I think apparently all the interested parties are here this evening on the hearing and I think you might proceed as you would have in the hearing.. However, the request, as I understand it, is different in that they are asking for permission to use the street a~d not asking for a vacation of the street. Mayor Powell: I meant in regard to the petition, do we have to take any action? \ -../ Mr.. Kimmel: permission well I -- you could, I suppose, pass a motion to grant their or their application, I mean. Councilman Melstrom: I so move. Councilman Lammers: Second. Mayor Powell: The motion has been made and seconded that the petition be withdrawn. All those in favor say "aye". (All in favor). Mr. Kimmel: Well I have discussed this with the individual members of the Council. As far as this application is concerned, as I understand it, it would be for the use of th~ City streets for construction of a loading ramp which would involve the nse of some 12 feet of Commercial Avenue and would involve digging what a~ounts to a ramp into the roadway. The plans are on file in the office. As I have indicated to the Council the question involves whether or not it can be done, involves a question of whether or not the * These minutes were taken by Kirby Kennedy, Court Reporter. 455 . . . . 384 . . (November 14, 1972 - continued) NEW BUSINESS 1. On motion of Councilman Peterson, seconded by councilman Wohlers a r~solution was introduced promoting Bob Barthal and Rod McDonald to the rank of Engineer in the Volunteer Fire Department. (see resolutions) . 2. On lOOt ion of councilman Balfanz, seconded by councilman Wohlers a resolution was introduced "Authorizing Certain Inter-Fund Transfers" (see resolutions). 3. On motion of Councilman Peterson, seconded by Councilman Balfanz a resolution was introduced "Creating a Change Fund at the Ice Arena". (see resolutions). 4. On motion of councilman Peterson, seconded by Councilman Balfanz the following change of Escrow was approved for the 1965 Refunding Bond Fund: 11,000 USA TREASURY BILLS RECEIPl' 4/30/73 Yield-4.90 5. On motion of councilman Lammers, seconded by Councilman wohlers a resolution was introduced "ACCEPTING THE PRELIMINARY REPORT AND CALLING FOR A PUBLIC HEARING, LOCAL IMPROVEMENT NO. 109-1973 (streets and Utilities - hearing date January 9, 1973 - also includes Local Improvements No. 110-111-112). (see resolutions) 6. On motion of Councilman peterson, seconded by Councilman Lammers the Clerk made the f~rst reading by title of an Ordinance entitled .AN ORDINANCE REGULATING .THE DISPOSAL OF LIQUID WASTE MATERIALS INTO THE SANITARY SEWER' SYSTEM". (see ordinances) 7. On motion of Councilman Balfanz, seconded by councilman Peterson the Clerk made the first reading by title of an Ordinance entitled "AN ORDINANCE REPEALING CITY CONSTRUCTION CODES AND PROVIDING FOR THE IMPLEMENTATION OF THE MINNESOTA BUILDING CODE BY DEFINING FIRE ZONES AND PERMIT FEES". (see ordinances) 8. On motion of COu.l1cilman Balfanz, seconded by Councilman Wohlers the Clerk made the first reading of an Ordinance by title entitled "AN ORDINANCE AMENDING ORDINANCE NO. 383, THE ZONING ORDINANCE, RELATING TO MARSHES, WETLANDS, AND LANDS ABUTTING MEANDERED LAKES AND WATER- COURSES". (see ordinances) APPLICATIONS on motion of councilman Peterson. seconded by Councilman Wohlers a 3.2 off Sale Beer License was granted to Jack Felix. 413 south Greeley Street. (renewal) COMMUNICATIONS From McGarry-Kearney Agency advising the City of Dividends of $1.704.00 from the Home Insurance Company for the period November 15. 1970 through November 15. 1971 with check enclosed for 'this amount. r '- . . . . (November 14. 1972 - continued) I""'. . ,.. CrTY COORDINATOR'S REPORT 1. On motion of councilman Wohlers. seconded by councilman Balfanz a resolution was introduced authorizing the employment of help at the Lily Lake Arena at $3.00 per hour to take car.:! of the excessive hours with the understanding that there will be only one man on duty at all times. (see resolutions). 2. Mr~ Marshall explained the operations of the Minnesota Gas Rate Regulatory Board to the council. 3~ Mr~ Marshall felt that there should be a special public meeting on the Revenue Sharing money matter. ,......, ~,1 4~ Mr. Marshall aksed that the Council consider the possibility of acqu1r1ng some park property in the Long Lake and Brownls Creek area and they could possibly get a Federal Land Conservation Grant 50% from the Federal Govern- ment and 50% from the State and we could possibly get some local people to assist in this project. (Mr..Marshall was instructed to look into the land costs of the various locations and to work with the City attorney wherever necessary). 5~ On motion of Councilman Peterson. seconded by Councilman Wohlers a resolution was introduced transferring the 1931 American Lafrance Fire Truck to the Washington county Historical Society~ (see resolutions). The Mayor declared a recess from 8:45 to 8:55 P. M. CONSULTING ENGINEER'S REPORT Mr. Elliott commented briefly on the Ordinance regarding the disposal of liquid waste and felt that the matter should be brought to the attention of the Metro Sewer Board. He also commented on the park land acquisition and thoug~the Council was wise in checking into this matter at this time. Mr~ Elliott made mention of the Highway Departmentsl projects in the area and how it will affect our sewer separation project along Trunk Highway No. 95~ COMMITTEE REPORTS PUBLIC SAFETY 1. The Mayor and City Council are invited to the police Reserve's Christmas party to be held Saturday. December 9. 1972 at Henne's in Houlton. 2~ On motion of Councilman Peterson, seconded by councilman wohlers that the .,RSONNEL REGULATIONS" be amended as follows: Section 21. HEALTH INSURANCE "Employees who retire because of age after fifteen (15) continuous years of City Service shall be allowed to continue their medical insurance coverage at City expense until their death. If said employee provided dependent coverage for his spouse prior to this retirement. the city shall pay said dependent I s 'coverage until death!'. (The change involves the number of years years from 20 to 15) continuous . 385 . . \ .. . . . . 386 . (November 14. 1972 - continued) PUBLIC WORKS No report ADMINISTRATIVE No report pARICS AND RECREATION On motion of Councilman Balfanz, seconded by Councilman Wohler,'l the quotation of the Moelter Construction Co. for the grading of the Ramsey-Go"ove park at $1.00 per yard. CITY ATTORNEY' S REPORT On motion of Councilman Peterson, seconded by Councilman Wohlers a resolution was introduced Authorizing the axecution of the Agreement to Provide for Financing of Water and Sewer Services to Cochrane's Long Lake Additiona. (see resolutions) APPROVAL OF MINUTES On motion of Councilman Peterson, seconded by Councilman Balfanz minutes of the following meetings were approved: october 10, 1972 october 24, 1972 Regular Meeting Regular Meeting 7:30 P.. M. 7,30 P. M. ORDINANCES First Readinqs: 1. AN' ORDnA NCE REGULATING THE DISPOSAL OF LIQUID WASTE.- MATERIALS INTO THE SANITARY SEWER SYSTEM. 2. AN ORDINANCE REPEALING CI'rY CONSTRUCTION CODES AND PROVIDING FOR THE IMPLEMENTATION OF THE MINNESOTA BUILDING CODE BY DEFINING FIRE ZONES AND PERMIT FEES. 3. AN ORDINANCE AMENDING ORDINANCE NO. 383, THE ZONING ORDINANCE, RELATING TO MARSHES, WETLANDS, AND LANDS ABUT'l'ING MEANDERED LAKES AND WATERCOURSES. RESOLUTIONS The following resolutions were read and on roll call were unanimously adopted: 1. On motion of Councilman Balfanz, seconded by Councilman Wohlers a resolution was introduced "DIRECTING THE PAYMENT OF THE BILLS". 2. promotion of Bob Barthol and Rod McDonald to Firefighter-Engineers - Volunteer Fire Department 3. Accepting the preliminary Report and Calling for a Public Hearing on Local Improvement Nos. 109 (MSA Reconstruct), 110 (Residential Reconstruct), III (Street Matting). . . r- \ I '-, . . . ~ '" ~ ~. (November 14, 1972 - continued) 4. Accepting the preliminary Report and Calling for a Public Hearing on Local Improvement No. 112 (Water utilities) 6. Creating a Change Fund at the Ice Arena *5. Authorizing Certain Inter-Fund Transfers 7. Granting a Special Use Permit (Janet Corbo--Beauty Shop) 8. Authorizing Employment of Part-Time Help for the Ice Arena 9. Transferring the ownership of the Ladder Truck 10. Authorizing the Execution of the Agreement for cochranels Long Lake Addition (Financing for water and sewer services). * Repassed December 12, 1972 AD.roURNllENT On m3tion of councilman Wohlers. seconded by councilman Balfanz the meeting adjourned at 9:20 P. M. Atte.t~~Ut City Clerk 6d/h- -,Q Mayor ,,~ 0 387 . . . .