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HomeMy WebLinkAbout1973-01-23 CC MIN . 420 COTlNCIL CIlAMBEI< Stillwater, Minnesota January 23, 1973 1'30 p. M. REGULAR MEETING The meeting Was c~alled to order by President Powell. The Invocation was given by Mr. Marshall. Present: Councilmen Balfanz, Peterson, Thompson, WOh!.,.,' Clnd President Powell Absent: None Also pre8.nt~ City coordinator" Marshall; City Attorney, \t~1; Superintendent of Public Works, Shelton; P%~;'Q Safety Director, Abrahamson: Director of Parks anel ~'Qreation. BleJcum: consulting Engineer, Elliott: Press: Stillwater Evening Gazettft - Roger Gratiot st. Paul Dispatch - Jim Broede Citizens: oscar Benson, James Gardner, Jerry Mahoney. \)~ Decurtin8, setty Roloff, Ralph Youngquist, Jerry wallac, Mrs. Charles Fabrini, Jeannine aoffbeck, Mrs. Mike Ralsig",,' Mrs. Peter; Leitzio. John Kerachieb, Norris swager. Girl stoUt Troop #132 and their leaders - working on a ~rit ~,~ge IND:rvmuALS-D~TroNS-PE'rI'1'IONS 1. MRS. CBARLBSS IlOLOFP. 904 North First street appeared before the ePUIlc:i.1 in reference to the installation of a watermain and street improve.....,'s proposed for Horth First street betweer.\ Bast Elm street and East Wilkin. 'tcleet. and the width of said street. DUANE BLLIO'l"r explained that i"he storm sewer will go down the ce~~r of the stre.t and the watenuin will be put :..n either East or West of this abo~c; 10 feet, and that the width of the street will be 32 feet if at all possible ..... this would give two driving lanes and one parking 1al'e, and then going down the ~~J1 when it be- comes Elm street there will be two driVing lanes only and made ~ ,he lIidest possible width. There is an alternative which WDuld be to serlJi~ these homes with a line in the boulevards to replace the private line when i\ ta:i.l8. This watermain COQld be eliminated from the project. MRS. ROLOPF requested that the road sttrface down thehill be wid8tu14 Clnd. resurfPoced rather than reconstructed. AI<<>THBR CITIZEN asked how long this street would last and Mr. El~jPtt stated that this type of street should last twenty years without major maint,~_nc.. MRS. SHIRLEY ZAWORSkI. l024 North First Street asked if they COQ~~ assume that the watermain will not go into that one block and MR. BLLIOTT stated c;pat the council will have to take some action on this matter this evening. RALPH YOUNGQt1:rST. 1023 North First Street asked if the City had... eraffic lur'l/eY on this street coming down the hill since MRS. ROLOFP had indica\.J earlier that this street is used anore tt;.an IIDst people realize. MR. SHELTON B\a,,8d. that we do not have such a survey as this is not a State Aid Street but tha\ I traffic count could bl/! made on this street. . . /,"" . c ~ M - ,~ , ~ ., . -.; . . r-, . "" I '" !III if! ~ . . w ~ (January 23, 1973 - continued) MAYOR POWELL stated that they are going to make a 32 foot street on North First and then it will be cut down to 26 feet on Elm street. COUNCILMMI PETERSON could not see the pressing need for the wateruin in that the area on the East can use the line on Wilkin Street. COUNCILMAN WOHLERS questioned whether or not there was a hydrant at the bottom of the hill and MR. ELLIO'rl' stated that there was one on Wilkin which could serve this area.. COUNCIUIAN PETERSON said that Duane could check out that portion of North First Street in that one home on the West side could be on the street line 80 that they could possibly widen the street by moving the center of the street to the Bast. On motion of councilman Peterson. seconded by Councilman Balfanz a resolution was introduced deleting the watermain on North First Street between Bast Wilkins and East Elm Street and the City' B Engineer was instructed to make a survey to see if it is possible to widen that street and the street down the hill to the widest width possible. (Amend. Resolution No. 4830 - se. resolutions). 2. This was the day and time set for a public hearing on the proposed Charter Amend- ment relating to Franchises. The notice of hearing was published on January 11. 1973 in the Stillwater Evening Gazette the official newspaper of the City. No one appeared in favor or opposed to this proposed Charter Amendment. On motion of Councilman Balfanz. seconded by councilman Wohlers the Clerk made the second reading of an Ordinance entitled: -AN ORDINANCE AIlBNDDIG SIICTION 301 OF ARTICLE XIV OF TIIB CI'l"L CHARTER REIATIIIG 'l'O 'FRANCRJsas' - APPROVAL BY'VOTBRS'.. ORDINANCE NO. 503. The ordinance was read section by section followed by roll call after each section and all IIIBmbers 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). 3. This was the day and time set for a public hearing on the request of swager Bros. for approval ,of a preliminary plat composed of eight (8) lots located on pine Tree Trail. _at ice of the hearing was published on January la, .1973 in the Still- water Evening Gazette, the official newspaper of the city and copies were sent to all property owners within 300 feet. MR. NORRIS SWAGER presented the proposed preliminary plat of the site to the Mayor and City council which will be known as "Swager Bros. Hilltop Addition" which was viewed by them. A question was raised regarding sewer for Lot 8 and Mr. Shelton statec that there is no sewer stub-in to this particular lot and that there would have to be some sewer easements in this area. JOmr HBRSCHLEB, 803 pine Tree Trail stated he .welcomes this development and it will be a good addition ~c the neighborhood. He hoped that this would expedite the installation of street lights on this street which were requested about a year ago. (The status of these street lights is to be checked out as the request was submitted to NSP at the time the council approved this request). 421 . . . . . 422 (January 23, 1973 - continued) OSCAR BENSON. who lives in the Township. asked what type of homes would be built in those lots and MR. SWAGER stated that this is covered by the Code of the City of Stillwater and that he has already sold three of the lots. MAYOR POWELL stated that the people would get a building permit and the city will be aware of the atmunt of the per,."it. and they will be inspected by the B~ilding Inspector. MR. BENSOH asked about the drainage in the area adjacent to the pond since in the spring of the year if there has been a lot of snow it does COID8 up to the road and could overflow on some of these lots. MR. ELLIOTT stated there should be drainage easements along the lot line in the low area of this plat which would require a 8wail construction for the drainage. MR. KDlMEL stated that such easements should be indicated on the plat. On motion of councilman Balfanz, seconded by councilalan Wohlers the preliminary Plat of Swager Bros. Hilltop Addition was approved under the stipulations made Ly the Planning Commission and that the sewer easements be included in the Final Hard She 11 Plat of the area. On motion of councilman Peterson, seconded by Councilman Wohlers a resolution was introduced approving the Final plat of the Swager Bros. Hilltop Addition subject to the necessary easements for the drainage which will be worked out with the City Attorney. (see resolutions). 4. JAMBS GARDNER, 811 South Martha street appeared before the council regarding his street assfiSSlD8nt under Local Improvement No. 98, project No.2 whereby he and his neighb()r, Mr. Mark Hoven both have 75 feet on South Mar-tha Street but hill assessment was over $900 and his neighbors was only about $300. MAYOR POWELL AND MR. MARSHALL explained that Mr. Hoven was assessed on the basis of Abbott Street being his short side and was a......d only 35% of his footage on Martha Street and he will be assessed the full footage on Abbott Street when that street is improved at some date in the future. (The Mayor declared a recess from 8:25 to 8:40 P. M.) OLD BUSINESS 1. Mr. XiftIIWIl recolIIIDBnded that the City not sell the City owned property on South Third Street just North of West Chestnut Street at the present time as it might restrict t;hs developll8nt of the property on either side. and we are not sure what use he plans to make of it. On motion of Councilman Balfanz. seconded by Councilman Peterson the City Coordinator was directed to inform Mr. Delmar pauley by letter of the decision of the Council regarding this property. 2. On motion of councilman Peterson. seconded by councilman Balfanz that the City enter into a lease agreement with Ralph otte for the leasing of the City owned property in question on North OWen Street for the sum of $50.00 per year on an annual basis. subject to Mr. Otte's providing liability insurance holding the city harnless and also providing that we can use d portion of this property for construction vehicles as needed. c . r . - , , i- C- '-' . '" ~ " c c . r III -. (January 23. 1973 - continued) 3. On the matter of the claim from John Rheinberger in behalf of his client. Gail Brown and Tena Noleff. regarding the grade of West Linden Street and subsequent improvement, Mr. Kimmel was directed to inform them that the City did not change the street grade, and also to inform Mr. Leo J. Brown that he is in violation of City Ordinances by using his property for a co_reial operation of a vehicle and equipment repair at 404 North Owens Street. 4. On motion of councilman Peterson, seconded by Councilman Balfanz that notice be given to Mr. Donald Nolde of ABC Deverlopers and Builders to abate the draingft problem from Lot 19, Block 4 of Bergen's Porest Hills Aclditi9D by May 15. 1973, or the City will abate the problem by grading and sodding and bill same to the property. HEW BUSINESS 1. On lIDOtion of Councli,llM.n Peterson. seconded by CouncillDiln TholllPeonthe City COordinator was directed to send letters to all re~iring Board and COmmission members thanking them for their years of service. 2. On ..tion of Councilman Peterson. seconded by Councilman Thompson the following member. were appointed to the planning and Zoning Comission, said terms to expire December 31. 1975: Duane Arndt - reappointment Martin Hansen Charles Swanson Roger Wohlers 3. On motion of Councilman Peterson. seconded by Councilman Wohlers the following members were re-appointed to the Library Boa~d for the terms as indicated: Terms to expire December 31. 1974 Mrs. Lloyd JColliaer Mrs. K. M. LaVine Mrs. Richard .elson Terms to expire December 31. 1975 Mrs. Roderick Lawson Mrs. William Klapp Mrs. Harold Krog 4. On motion of Councilman Balfanz. seconded by councilman wohlers the following member. were re-appointed to the Parle Board with terms ending December 31. 1975: Lyle Anderson Chester s. Wilson 5. On motion of Councilman Peterson. seconded by councilman Thompson. Dean Charlsen was re-appointed Civil Defense Director with said term to expire December 31. 1975. 6. On ootion of Councilman Balfan~. seconded by Councilman Thompson the following City council Committee appointments were approved: Parks & Re~reation - Councilman Wohlers councilman Balfanz 423 . . 424 . (January 23. 1973 - continued) Public Works - councilman wohlers councilman Thompson Public Safety - Councilman Peterson President Powell Administrative - Councilman Peterson Haro 1d Kimma 1 Councilman Balfanz Planning Commission - councilman Thompson Library Board - Councilman Peterson 7. On motion of Councilman peterson, seconded by couneilman Balfanz the city Coordinator and Mayor were authorized to sign the agreement with Banister- Short-Blliott-aendrickson-& Associates for 1973. 8. On IllDtion ofCOUl'lcilman Balfanz, seconded by CO\Ulci.lmanpeterson the Clez-k raade the first reading by title of an ordinance entitled IAN ORDINANCE REGULATING THE CONSTRUCl'ION AND MAIN'J'BNANCE OF SIGNS... (see ordinances) 9. onmtion of councilaenThompson, seconded by CoUllc:ilJaElD WC)hlers the Clerk made the first reading by title ofanOrdil1B:nc,e..ntitled -AN ORDINAHCB AMENDING ORDINANCB NO. 383, THE ZONING ORDINANCB, RELATING TO RBDBVBIDPMBN'l' RELATIONS IN TBB CEN'l'RAL BUSINESS DISTRIcr-. (see Ordinances). 10. The matter of the request of the Boundary Area Coamission restricting building permits was carried over to a future meeting. 11. On IIDtion of Councilman Peterson, seconded by councilman WOhler. the License ana Permit Bond for Kenneth F. Seefert, 8528 Neal Avenue North, Stillwater, Minnesota was approved and the city coordinator was directed to write a letter to Mr. seefert reminding him of the require.nts of Ordinance No. 501 Regulating the Disposal of Waste Materials Into the Sewer system, and his failure to do 80 may result in the revocation of his license and forfeiture of his bond. APPLICATIONS On IIDtion of counciltban Peterson, seconded by Councilman Thompson the following Contractor's Licenses under Ordinance No. 448 were approved: Custom Builder., Inc. 2726 oliver Avenue North Minneapolis, Minnesota 55411 General (new) Jacob Jackson & son 812 West Abbott Street Stillwater, Minnesota 55082 Cement Renewal Ear 1 s. McCoy 1208 Tyler St. Hastings, Minndsota General Renewal On motion of Councilman Balfanz, seconded by councilman Wohlers a Junk Dealer's License was granted to Lawrence Rumpf, 2009 North Lake street, Stillwater, Minnesota. (renewal) ,...... r \,. - ! '- . . 0" '-- . ('" r- I I " ~ c " ~ w (January 23. 1973 - continued) On D)tion of councilman Wohlers. seconded by Councilman Thompson the following cigarette Licenses were granted for 1973: (renewale) Daniel Diekhausen 806 south Main Street, Stillwater, Minnesota 55082 David Carlson -filling station Second and MYrtle Streets Stillwater, Minnesota 55082 Skogen Gulf Oil 108 South Third Street Stillwater, Minnesota 55082 CO_ICATIOIIS The claim from Gilleland for the romoval of trees is 90109 to be checked out and action taken at some future meeting. CrrY COORDDIA'l'OR I S REPORT 1. ME:..~ ,MarShall reported on the Washington county.'ha8e....II.:s,~.r,!;~t1c:1.Y'......i.c:h origimil,ly stated that the stillwater, plant, llfC)uld;,bel,)i.ha...~"Ol1~ "~Y",,t;,.u, year 2000" and all sewage tabe treated at Co~tllge ,(;J:()_ve J)\l~, ,t~eJ:81Jl~~ been some revisions in these plans." The current planBc.alledfor tert,i,ary treatment construction in 1973. 2. The matter of the settlement with Mr. Donald Wagner, re~a,tiveto,the,BU:~lding Inspector' B job will be considered by the, city coordinator and, the, City Attorney who will report back at a future council meeting. 3. On motion of councilman Peterson, seconded by councilman" Thompson the Director of Public Safety and the city coordinator were authorized to submit the City's claim for re-imburselll8nt of service of our Police and Fire Department at the Minnesota State prison to our local, representatives in the State Legislature. 4. On motion of Councilman Peterson, seconded by councilman Wohlers a resolution was introduced "authorizing a subsidy of $50.00 per month to the Stillwater Ambulance for the provision of Emergency AJrlbulance services Within the City of Stillwater for One Year". (see resolutions). s. The matter of salaries of the Police Reserves was carried over to a future meeting. COIomULTING ENGINEER' S REPORT 1. ~. Elliott reported on the reconstruction of East Mulberry Street from North Third to North Second which ~uld become a part of Local Improvement No. 110 and the estimated cost would be $6,390.00. On motion of Councilman Peterson, seconded by Councilman Balfanz the date of February 6, 1973 at 7:30 P. M. was set for the public hearing for the reconstruction of East Mulberry street from NOrth Third to North Second Street. (see resolutions). 425 426 (January 23. 1973 - continued) 2. Mr. Elliott reported that the cost of a sanitary sewer in South Fifth street from West Olive to West pine, West Oak street from South Fifth Street to South Fourth Street. and South Fourth Street from West oak street to West olive Stredt has been estimated at $1,500 per service or a total of $14,715.00. On motion of Councilman Thompson. seconded by Councilman Wohlers a resolution was introduced setting the date of February 6, 1973 at 7:30 P. M. for a public hearing on the proposed sanitary Sewer Improvement in South Fifth Street, West Oak Street, and South Fourth Street. (see resolutions). COIlMI'l'TEE REPORTS PUBLIC SAPB'l'Y 1. Mr. Abrahamson reported that Engine #5 will be laid up for another month and the department is working on it. PARKS AIlIl RECREATION DI~l( ~ presented to the Council the. history .of ..theparks and. Recreation De~,ar~nt;~ lie mildea plea for additional maD7"power.' fOJ:'thi~d.~t,llIIIit11:t due totheinc:=r..a~ttd ~1c.ac:reilge. with~.the City. C?f...StillwaterD()wilnd:th4!i. amount thiltwillsooDbe add4!ld ir1. Croi.xww:J()d. In addition he .wi~l.l:JtI... t21:k1.ng ..c:are of thenutch Blmsituation and problems in the City. He further mentioned that he can obtain from Al Ritzer evergreen trees at a price' of $3.00 per tree for use in the City of Stillwater. MA'!OR POWELL requested that the conmittee do some nore research wcn:k on theBe problems and then come to an Administrative CoDlllittee meeting to see what can :-.be done on these - the City Coordinator can get some' figures together and set up a meeting date. He complimented the Recreation Collllds"ion for their thorough report.. C:I'l'Y A'1"l'ORNBY1S REPORT Mr. KiDlDel reported on the progress of the annexation hearings and another hearing on the injunction has been scheduled for February 2, 1973 at 2:00 P. M. r--, On motion of councilman Peterson" seconded by councilman Balfanz l.- the Clerk made the first reading by title of ordinances relating to annexations of land in Section 31: AN ORDINANCE ANNEXING PROPERTY LOCATED IN SECTIONS 31 AND 32" TOWNSHIP 30 NORTH" RANGE 20 WEST" WHICH IS COMPLETELY SURROUNDED BUT NOT INCOUDED WrrHIN THE CITY LIMrrS OF THE CITY OF STILIklATER. C ,- . r , '-~ :. " . ("" (January 23, 1973 - continued) . I"" Mr. Kimmel and Mr. Marshall have been working on a survey of assessments on corner lots. There are approximately 25 parcels of land on assessment rolls back to 1960 and when the survey is completed the figures will be presented to the Council to make a decision of abatement of those that are overpaid. ADMINISTRATIVE COMMITTEE (out of order) Discussion was held regarding the employment of Barney Brown as Building Inspectof for the City of Stillwater. ,.. The City Coordinator was directed to send a certified letter to Mr. Brown enclosing the job description and indicating that we would like some explanation for his absence at this meeting. (Mayor Powell had requested by phone that he be present). The Council expects to hear from him within a short period of time in order to take the necessary action as far as his employment is concerned. He should extend the courtesy to the City of a reply a8 to whether he has had his physical which was one of the qualifications for the job and that he be requir9d to have this physical immediately. (Letter to be composed by the city COordinator and the City Attorney and signed by the Mayor.) ,. I~ On JlI)tion of Councilman Balfanz, seconded by Councilman Thompson that the Job Description for the Building Inspector be adopted as a part of the Personnel Regulations of the City. ORDDJAEES Pirst Readings 1. An Ordinance Regulating the Construction and Maintenance of signs. 2. An Ordinance Amending Ordinance No. 383, the Zoning Ordinance Relating to Redevelopment Relations in the Central Business DistrictM. 3. An Ordinance Annexing property Located in Sections 31 and 32, Township 39 North, Range 20 West, which is completely surrounded but not included within the City Limits of the City of Stillwater. r'" lIII .. Second Reading -- 1. An Ordinance Amending Section 301 of Article XIV of the City charter Relating to 'pranchises - Approval by Votersl., ordinance No. 503. liIII w 427 . . \ I . . . 428 . . (January 23. 1973 - continued) RESOLUTIONS The following resolutions were read and on roll call were unanllD:lusly adopted: L Ordering Hearing on Sewer Improvement No. 114 - South Fifth Street. 2. Ordering Hearing on street Reconstruction - East Mulberry street from North Third Street to North Second Street. 3. Amending Resolution No. 4830 - North First Street Sewer Deleted. 4. Authorizing Subsidy fbr Ambulance Service. s. Approval of Final plat for swager Bros. Hilltop Addition. a.n.'In,m1l1llRN"l' on IIIDtion of Councilman Balfanz, seconded by councilman ThoiaP'lon the meeting adjourned at 10:10 P. M. ~Q~ ~ ~~r Atte t, Qd;-L/f City C erk r (' I" '- L '-, . . \ !: . .