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HomeMy WebLinkAbout1983-10-04 CC MIN• COUNCIL CHAMBERS Stillwater, Minnesota October 4, 1983 7:30 P. M. REGULAR MEETING The meeting was called to order by President Peterson. The Invocation was given by the City Clerk. Present: Councilwomen Avise and Bodlovick, Councilmen Kimble and MacDonald and Mayor Peterson Absent: None Also Present: Finance Director/Coordinator, Kriesel City Clerk, Schnell City Attorney, Magnuson Superintendent of Public Works, Shelton Public Safety Director, Abrahamson Director of Parks & Recreation, Blekum Zoning Administrator, Zepper Consulting Engineers, Moore and Meister Finance Director, Caruso Press: Stillwater Gazette, Regan Citizens: Richard LaCasse, Mr. & Mrs. Leo Fishbeck, Janet Purnick, Kermit Sommers, Melvin Friedrich, i!arold Zolldan, Martin Diebell, John Spooner, Joseph Theissen, Mike McGuire. APPROVAL OF MINUTES On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, minutes of the following meetings were approved as presented: (all in favor) August 24, 1983 September 20, 1983 September 20, 1983 September 26, 1983 Special Meeting Regular Meeting Recessed Meeting Special Meeting 6:30 P. M. 4:00 P. M. 7:30 P. M. 5:00 P. M. PUBLIC HEARINGS 1. This was the day and time for the public hearing on Case Nc. 509 for a variance for Leo and Verona Fishbeck, 703 West Myrtle Street to convert a single family dwelling into a duplex in a two-family zone. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on September 23, 1983 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. MR. LACASSE AND MR. & MRS. LEO FISHBECK were attendance at this meeting and made a few short statements regarding their request. COUNCILWOMAN AVISE reported that the Planning Commission approved the request and their only concern was on the parking and that was satisfied by the petitioner - off-street parking will be provided on the site. COUNCILWOMAN BODLOVICK questioned the fact that the ordinance calls for one covered and one uncovered for each unit so this would require a second variance in this instance. The Mayor closed the hearing. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the Council granted the two variances for this request - the 2,560 square foot lot size and the covered or enclosed garage for the second unit. (all in favor) 2. This was the day and time for the public hearing for the proposed assessments for Local Improverhent No. 207. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on September 16, 1983 and copies were mailed to all property owners proposed to be assessed. The Mayor opened the hearing. KEN MEISTER explained the scope of the project and that the original proposal was for more than $8,000 and there was a Change Order for an additional area. MR. KRIESEL explained that north of Orleans Street there was a change in the area fter the improvement hearing and the lines were refined south of Orleans - he explained the construction costs for this project plus other costs and that 100% of the cost of the improvement is proposed to be assessed. MAYOR PETERSON made reference to the petition signed on July 19, 1983 of the property owners that were opposed to the assessments for this improvement - they feel that the • • • tos October 4, 1983 • • assessment is absolutely ridiculous and in no way can they reconcile that the drain- age or runoff from this area can be but a small fraction of the funds requested - there were seven signatures on this petition. MEL FRIEDRICH, 326 Second Avenue South, explained the culvert on Orleans is over- flowing and the water ii going back on Second Avenue South. He stated that the drainage from Orleans Street has no drainage coming from Second Avenue South, and then back into the City of Stillwater. MR. MEISTER explained the location of the proposed catch basin at a given point and he was not sure if that has been constructed - they were going ahead with it unless they received cooperation from the City of Stillwater - the catch basin would be somewhere near the existing culvert and the cost of this is included in the assess- ment and this was explained at the improvement hearing. MR. FRIEDRICH stated that he would suspect that the value of his property would increase by the amount of the assessment of about $980.00 - he questioned if he got an appraiser to show that his property would increase by this amount, then what is his position? MR. MAGNUSON stated that the Council must find that the market value increased at least the amount of the assessment - the notice prescribes that there must be a written objection to the assessment served on the Mayor and the Clerk prior to the hearing and none of these people have done this and unless you can make that defect in some way or make a formal objection in some way they will waive their right to appeal this in the District Court - if they do not do that in some way they are out - this hearing is where the testimony is presented. MR. KRIESEL said that one of the reasons that the City did not go ahead with the appraisals is that this would have been an added cost to the project and they tried to avoid any extra costs. HAROLD ZOLLDAN, 704 East Orleans, stated that the water still runs down Orleans Street just as it did before - it comes all the way from the School District property and this improvement has not helped his property - he felt that the catch basin should have been placed on Fourth Avenue and it would have to come all the way down past his property. He was informed that his property is contributing to this total flow along with the other flowage. KERMIT SOMMERS, 1336 Second Avenue South, felt that the City of Stillwater should pick up these assessments since when they built the Oak Park School some of the water was diverted over to Orleans Street - it has not increased the value of their property - he understood that Oak Park Heights was picking up the full tab for all of this work and he was informed that the property owners will be assessed 50% in Oak Park Heights. He has lived there for 43 years and they had no problems - up to six or seven years ago the water never got down to his property - he did not feel that this increases the value of his property. JANE PURNICK, 1331 Fourth Avenue South, did not feel that this is increasing her property - and she presented to the Council photos showing the drainage of the water in this area - she did not feel that she should pay for the Oak Park Heights drainage system. MARTIN ZIEBELL, 1319 Third Avenue Sotuh, objected to it from the standpoint of the fact that when he purchased this property in 1968 the drainage ran from his property went to Hillcrest Avenue and Third Avenue South and when they paved the street the drainage was changed to the south - it was his understanding that the property owners were assessed for the imrovement of that storm sewer at the junction of Third Avenue and there could be a double assessment here. JACK SHELTON stated that the improvement that Mr. Ziebell is making reference to is the onowhich included St. Louis Avenue and Third Avenue South and when he checked it out he could not find a catch basin on the east side of the street - he understood that they were going to put something on Hillcrest where it comes up by Mr. Hobson's property as they have had problems there - he did not understand that it was going into the existing one - it backs up and goes down Hillcrest anyway. MR. ZIEBELL stated that when the street was paved in 1970 they regraded Hillcrest so that all of the water runs down Second Avenue and then down the driveway that goes to the apartment building, and there were questions raised about the local improvement number for this work. MAYOR PETERSON stated that the question that is being raised here is whether or not there is increased value to their properties, and he questioned if the City should hire appraisers on this matter. MR. MAGNUSON stated that would be advisable since all of these gentlemen are appearing without their lawyers and if they had talked to them they would have found out that they should have filed an objection before tonite - the Council could consider the written objection as an adequate written objection for the Statutes and he felt that would be fair to them - if that is the case it would be wise to reconvene the hearing at some other time and have the proper testimony - (He then read the hearing notice for the benefit of the Council and the property owners) for those property owners who have already signed the objection that this could be construed as proper written objection. • • • • • %54 • October 4, 1983 (At this time Martin Ziebell and Harold Zolldan signed the petition of July 19, 1983 and the Clerk was directed to redate the petition to October 4, 15'3) COUNCILMAN KIMBLE stated that he has a four point proposal (1) he felt that it would be difficult for the City Council, with or without the aid of an appraiser, to show that the market value of the properties proposed to be assessed increased at least the amount of the assessments; (2) that appeal efforts under 429.081 by those property owners would not be cost effective in light of the amounts to hire an attorney and fight that in court and only in principle should they decide to take the case that far; (3) The City of Oak Park Heights decided upon these improve- ments without input from the City of Stillwater and the City Of Stillwater was not involved until after the contract for the project was let - construction had begun and practically completed; (4) in light of significant and pointed objections by the affected property owners that the City would assess 25% of the cost of this matter to the affected property owners and for the City to pay the remaining 75% out of the General Revenues. (This was his motion - COUNCILMAN MAC DONALD seconded the motion) He felt that this particular improvement is unique - it is not typical and it is a very special case - one that the City did not embark upon and which was thrust upon us by the City of Oak Park Heights and now our residents are being assessed for it in a manner that seems to be unfair. COUNCILWOMAN BODLOVICK did not feel that she could go along with Councilman Kimble's statement because Oak Park Heights saw fit to assess at 50% - there is no one else in the City of Stillwater when there is a water problem and assessments are made that the City picks up any portion - 100% is assessed - possibly the people that are object- ing this evening have a legitimate complaint and there are avenues of appeal for their day in court or with the Council if they chose to reduce a portion of their assessments. We have five objections out of nine - thatleaves four that do not object - she felt that the wisest bet would be to allow the five to object tonite and then have another hearing. COUNCILMAN KIMBLE stated that with the exception of the Stillwater Clinic each and everyone of these individuals has an assessment amount which is less than what he paid in attorney fees when he fought an assessment in District Court - he won that assess- ment but the attorney fees almost equalled the amount that he saved. He felt to force these residents to take that stand on a matter of principle would be an undue obligation even considering their rights under the statutes. COUNCILWOMAN BODLOVICK asked the City Attorney for an additional explanation for the procedure here and MR. MAGNUSON stated that it is advisable, if there is a written objection filed, that means that there is an appeal coming, to listen to testimony with regard to market values and the reason for that is then the further appeal to District Court is just an examination of the records of the testimony that was listened to - it is necessary to adjourn the hearing to just listen to this testimony, but if there is going to be an appeal it is a cost saving for everyone; otherwise. you have to have an appraiser and start from scratch with the testimony - the advisable thing is to listen to that testimony yourself and then make a legislative determination as to whether or not there is an increase in market value and then the decision is based on some objective evidence - not just presumption that the property is benefited. He felt that it is necessary to listen to such testimony, then the Council will have that evidence before them. MAYOR PETERSON asked if it would be the City's responsibility to have an appraiser to appear to indicate in his opinion whether or not there is an increase in market value of the properties or would it be for the property owners to have their appraiser testify to the City on that matter. MR. MAGNUSON replied that it would be the City's responsibility to sustain the objection bye competent appraisal testimony and if they wanted to argue with that they could each bring their own appraisers so that they could have both sides - it would be the City's responsibility at the hearing to provide testimony necessary to sustain the assessment. MAYOR PETERSON stated that on the strength of the petition signed by these specific property owners and apparently represents their appeal tonite, he asked the City Attorney if he would suggest that the Council adjourn the hearing as it relates to those property owners and deal then with the question of adopting the assessment roll for the ones that have not indicated an objection and MR. MAGNUSON agreed with this. COUNCILMAN MAC DONALD stated that he would agree with Councilman Kimble with every statement that has been made except for one - originally when the storm sewer project came about, oak Park Heights came to the City of Stillwater and asked if they wished to participate and the City said "no" that they did rot want to have anything to do with it. Then after the project was done they came back and asked the City if they wanted to participate and the City said "yes" we would - after the project had been completed, except for the one little four thousand dollar segment. The only one that he can see that is going to get anything out of this is the appraiser because he is going to be appraising five parcels for the City and they are going to hire appraisers to appraise theirs at $750 per shot and he could no see spending that kind of money to regain the $12,000. COUNCILWOMAN AV/SE asked if we needed a full official $700 appraisal on each property in order to get a feel for property value and MR. MAGNUSON stated that he did not feel that you would need that extensive of ar, appraisal - it is the matter of the council's • • 55N\ October 4, 1983 • • discretion - if you want a real well done fee appraisal it would cost $500 and the other type is you could have somebody drive by and give you an indication - with some of the objections the City needs a good appraisal - the better the appraisal, the better the evidence and the better the Council's position in court. COUNCILMAN KIMBLE said we would have top outand spend $2,500 which would be arguing over $12,000 - he could see it if we were talking fifty or a hundred thousand dollars worth of assessments - we are talking about $12,000 assessed in Stillwater so that Oak Park Heights people do not have a storm drainage problem. COUNCILWOMAN AVISE stated that her only concern was is the precedence that concerns Councilwoman Bodlovick - never in the past has the City participated in a storm water project and she wanted to make sure that we are not setting a precedent in the future. She felt that by hearing some appraisal testimony we would be in a better case to lower those assessments. COUNCILMAN KIMBLE stated that the items that he stated indicate that this assessment roll is a particularly unique one - unique to our landscape - unique to the situation of first we said "no", then we said "yes" - it is two different cities and the people who are being assessed are not visually benefiting and are questionable benefits in his mind as to the market value of the properties - he felt that because of the unique nature of this we could make an argument clearly in court against the setting of a precident. MR. MAGNUSON stated that the Council is always concerned about the policy and the precedence that it makes probably the next time that you assess storm water since this is a continuing problem - he felt that there is justification in this case that is distinguishing - that this is an inter -governmental cooperation and good- will between communities and on that basis it would make it different from a normal assessment that the City has complete jurisdiction over - there are a number of factors that could distinguish it from an overall policy setting precident. He felt that this would be an effective arugment on a question of a precedence on a later assessment appeal. MAYOR PETERSON stated that those who have indicated an oppostion to their assessments the hearing will be continued or recessed that portion of the hearing to another date if that becomes necessary dependent upon the action of the Council with the balance of the parties that are being assessed. THE MAYOR CLOSED THE HEARING AS IT RELATES TO OTHER THAN FRIEDRICH, PURNICK, PETERSON, SOMMEMERS, ZOLLDAN AND DIEBELL, AND HE ASKED FOR THE COUNCILS' WISHES FOR THE OTHERS THAT ARE SUBJECT TO THIS ASSESSMENT. COUNCILWOMAN BODLOVICK moved to introduced a resolution "ADOPTING THE ASSESSMENT ROLL FOR LOCAL IMPROVEMENT NO. 207" less the individuals that express opposition to the assessment. COUNCILWOMAN AVISE seconded the motion. DISCUSSION COUNCILMAN KIMBLE stated that we have ten parcels of proper*.y assessed - we are not going to consider five - we are going to take the other five because they could not make it tonite or were on vacation when the notice came or whatever the case maybe felt that it was a fore gone conclusion that they would not have any likelihood of fighting the matter or they had a smaller figure compared to the others - he felt 1}° that in light of the fact that they had opposition from five and that the project is special as has been discussed that they could not just simply adopt the assessments for those who failed to exercise their rights by objecting here this evening. He felt that it would be a further unfair treatment of those five properties. VOTE ON THE MOTION - Nays--CouncilmeneKimble e and andMacDonaldkand Mayor Peterson (motion defeated) On motion of Councilman Kimble, seconded by Councilman MacDonald, that the City assessed to the properties listed on the assessment roll for Local Improvement No. 207 at twenty-five percent (25%) of their costs as shown - the balance of all ten properties be paid by general revenues of the City. Councilman Kimble amended the motion to indicate a payment of ten years at a rate of 8.75% and that the motion be to introduce a resolution "ADOPTING THE ASSESSMENT ROLL FOR LOCAL IMPROVEMENT NO. 207 AT THE REDUCED AMOUNTS AS INDICATED ABOVE". VOTE ON THE MOTION - Ayes --Councilwomen Avise, Councilmen Kimble and MacDonald and Mayor Peterson Nays --Councilwoman Bodlovick (see resolutions) (There was no vote taken on the motion on page 54 made by Councilman Kimble and seconded by Councilman MacDonald) • 56 October 4, 1983 • • 3. This was the day and time for the public hearing for the proposed assessments for Local Improvement No. 195. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on September 16, 1983 and copies were sent to all property owners proposed to be assessed. The Mayor opened the hearing. KEN MEISTER explained this improvement which was done by Washington County for South Third Street and the City's participation in the cost of the improvement consisted of curb and gutter, sidewalks, water services, sewer services and a minor amount of storm sewer. The City's costs was $67,113.62 and the engineering was added on, fiscal agent costs, legals, administrative costs, etc. for a grand total of $85,383.84. The amount to be received from special assessments is $81,236.12 and the remaining $4,147.72 is to be received from the Board of Water Commissioners. He continued to explain the breakdown of the assessments for this improvement. JOHN SPOONER, 519 South Third Street, filed a complaint with the Council on the cracks in his sidewalk with accompanying photos which he had submitted to the Clerk and the Mayor prior to the meeting. He felt that the old sidewalk was much better and wider than the new sidewalk which puts his property closer to the street. He felt that there was a mistake in replacing this sidewalk and he does not feel that he should have to pay for same. MR. MEISTER stated that originally they were intending to remove all sidewalks and then as the project went along they came back before the Council and indicated that they would try to save as much of the sidewalk as possible that matched grade - it might have been a good section of sidewalk and it did not match the grade, then the curb and gutter would have to be removed. He had no knowledge why Mr. Spooner's sidewalk was removed and replaced. JOSEPH THEISSEN, 604 5. Third Street, presented his written objection to this assess- ment for sidewalk and gutter - he was objecting to the manner as well as the amount of the assessment. He questioned why his sidewalk was replaced. He was informed that the County did this project and their engineers did the inspections. MR. MEISTER stated that if the sidewalk was broken up and if it did not match the grade with the curb and gutter then it had to be replaced. MR. THEISSEN stated that he would have preferred to have no sidewalk - there are a lot of people who do not have sidewalks and MR. MEISTER stated that there was an existing sidewalk there and it was replaced. MR. THEISSEN did not feel that he benefited from this sidewalk - the citizens of Stillwater do - a few selected citizens are paying for this improvement and the rest of the City benefits from it - he felt that it was a detriment to him since has to shovel them. He felt that the City should consider a re-examination of their past practices and set some new precidences of throwing the costs of similar types of so- called improvements that benefit the whole City across the City rolls - there are a lot of people in town that never have to pay for sidewalks and yet they use the sidewalks. COUNCILMAN KJMBLE felt that sidewalks are a visible sign of benefit and a value to the property. MR. THEISSEN stated thst he measured the square footage of the sidewalk that was replaced and he came up with a little different figure - 91/2 feet wide which he felt was unusual and the one on Walnut Street is 3'd feet wide - there is a matter of 44 square feet on the old sidewalk which is less than ten years old that was replaced becanse of the construction job. He did not feel that the sidewalk had to be that wide. MR. MAGNUSON stated that the Council has the same problem if there is going to be an appeal - for the record give yourself more information on it - set a hearing date to hear more testimony - he felt that the Council could adopt the roll for everyone else and that would take care of the financial end of it. MAYOR PETERSON adjourned the hearing as it related to the John Spooner and Joseph Theissen properties assessments for a leter date. MR. MAGNUSON informed the two parties that the issue is whether the market value of the property is increased to the extent of the assessments - to do that you have to have someone like an appraiser to try to sustain their position and the City would have to do likewise. MR. SPOONER did not feel that it would be worthwhile to get a professional appraiser in to tell him that an excellent quality wide sidewalk is somehow worth less than an excellent quality narrower sidewalk - he felt that it just seems like an unnecessary waste to get an appraiser on both of the parts. He questioned whether the new side- walk was better than the old. He had a question as to what or who is a qualified appraiser and he was asked to contact Mr. Magnuson for this information. THE MAYOR CLOSED THE HEARING. On motion of Councilman Kimble, seconded by Councilwoman Avise, a resolution • n October 4, 1983 57`' . • was introduced "ADOPTING THE ASSESSMENT ROLL FOR LOCAL IMPROVEMENT NO. 195 WITH THE EXCEPTION OF MR. SPOONER AND MR. THEISSEN, SETTING THE INTEREST RATE AT 8.75% AND THE TIME PAYMENT PERIOD BE FOR TEN YEARS". Ayes --Councilwomen Avise and Bodlovick, Councilmen Kimble and MacDonald and Mayor Peterson Nays --None (see resolutions) PETITIONS OF INDIVIDUALS & DELEGATIONS JERRI ANDERSON, 1017 Fourth Avenue South, appeared before the Council regarding a traffic control sign at the corner of Fourth Avenue South and East Burlington Street between Fifth Avenue South and Fourth Avenue South - currently the north and south traffic have to stop, but the east ..bound traffic are going thru the area at very high rates of speed - further many of the cars do not stop going north on Fourth Avenue and the east traffic, are expecting them to stop and there are many near accidents and there are a lot of children riding bicycles in the area. There was considera ble discussion about a three-way stop at this location and it was recommended by Chief Abrahamson that this be a four-way stop and that such a request be made to Washington County, On motion of Councilwoman Avise, seconded by Councilman Kimble, that a recommenda- tion be sent to Washington County requesting that the intersection of Fourth Avenue South and East Brulington be a four-way stop with the addition of stop signs going east and west on Burlington Street, with the proper warning signs "stop ahead" signs. (all in favor) THE MAYOR DECLARED A RECESS FROM 8:50 TO 9:00 P.M. UNFINISHED BUSINESS 1. On motion of Councilman Kimble, seconded by Councilwoman Avise, the City Attorney made the second reading of an ordinance entitled "AN ORDINANCE AMENDING STILLWATER CITY CODE SECTION 52.02, FIREWORKS & EXPLOSIVES, BY ADDING A PROHIBITION AGAINST HUNTING WITHIN THE CITY LIMITS AND ESTABLISHING A PEANLTY FOR VIOLATION THEREOF". (all in favor) (Ordinance No. 615) 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. 2. On motion of Councilwoman Avise, seconded by Coubcilman MacDonald, the City Attorney made the second reading of an ordinance entitled "AN ORDINANCE PROHIBITING THE POSTING OF SIGNS AND OTHER PRINTED MATTER WITHIN THE CITY OF STILLWATER". (all in favor) (Ordinance No. 614) 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. 3. On motion of Councilman Kimble, seconded by Councilwoman Bodlovick, the City Attorney made the second reading of an ordinance entitled "AN ORDINANCE AMENDING STILLWATER CITY CODE CHAPTER 31 ZONING, BY ADDING SUBPARAGRAPH (7) UNDER SUED. 23 OF SECTION 31.01, AREA AND YARD REGULATIONS, AN ORDINANCE REGULATING LAND RECLAMATION". (all in favor) (Ordinance No. 616) The ordinance was read section by section .allowed 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. NEW BUSINESS 1. On motion of Councilwoman Avise, seconded by Councilman Kimble, a resolution was introduced "DIRECTING THE PAYMENT OF THE BILLS". Ayes --Councilwomen Avise and Bodlovick, Councilmen Kimble and MacDonald and Mayor Peterson Nays --None (see resolutions) 2. On motion of Councilman Kimble, seconded by Councilman MacDonald, a resolution was introduced "ADOPTING THE 1984 TAX LEVY". Ayes --Councilwomen Avise and Bodlovick, Councilmen Kimble and MacDonald and Mayor Peterson Nays --None (see resolutions) Prior to the motion Mr. Kriesel explained some changes that he made in the proposed levy and recommended a reduction of $15,000 for the Main Street Minnesota project and a change in the sewer revene bonds for a levy of $35,000 and the total levy would be for $1,807,267.00. • • '58 October 4, 1983 • • 3. On motion of Councilman Kimble, seconded by Councilwoman Avise, a resolution was introduced "CHANGING CERTAIN MANDATORY LEVIES". Ayes -Councilwomen Avise and Bodlovick, Councilmen Kimble and MacDonald and Mayor Peterson Nays --None (see resolutions) 4. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the Council waived the building permit fees for the remodeling work at the Washington County Historical Museum. (all in favor) INDIVIDUALS & DELEGATIONS - CONSULTING ENGINEER'S REPORT MIKE MC GUIRE appeared before the Council regarding the proposed Lowell Park Slope Protection Project No. 210-2. MR. MEISTER showed the Council the plans for the riprap to be placed in Lowell Park and the specifications for same. Mr. McGuire is concerned with the tree removal in the vicinity of his property - there will be 21/2 to one slope according to the DNR and the possibility of a walkway along the waterfront. The trees have to be removed to match the existing grade - if they go any steeper the rock would fall into the river. if they would go steeper,the DNR would object - if they would go flatter they would encroach on Mr. McGuire's property and we would not utilize as much dredge material and they would have to haul more of it away it would probably mean taking out more trees. The top of the wall will be 683 feet - five feet back of the big tree would be the riprap and that is one of the trees that has to come out. MR. MC GUIRE felt that there is a need to coordinator this proejct with his project and define the two sets of elevations - there will be a need for a variance from the DNR on the grades. MR. MC GUIRE inquired why the sodding level could not be down two feet lower than shown on thn draging - he would pref er a ramp effect - start at 682 and then go up a couple of 'eet. MR. MEISTE. ;tated that they want to protect the slope as high as they could at this time so that there will be less maintenance and less chance of it washing down the river when the water is high and they were trying to utilize as much of the dredge material without hauling it away. MR. MC GUIRE explained the elevation problems with his property and the use of a retaining wall, and he is willing to work with Mr. Meister on this matter and their patio area. MR. ZEPPER felt that Pat Olson would not be in favor of a blacktop walkway and MR. MC GUIRE stated that he could get a variance - he felt that this was somewhat rigid on their part - the walkway could be done in brick or some kinds of precast concrete blocks that interlock. He felt that no one here is opposed to a walkway that goes between the restuarant lnd the river - he felt that they could find some type of material that would enoure and be acceptable to the DNR. On motion of Councilwoman Avise, seconded by Councilman MacDonald, a resolution was introduced "APPORVING THE SPECIFICATIONS AND PLANS AND AUTHORIZING THE CLERK TO ADVERTISE FOR BIDS FOR LOCAL IMPROVEMENT NO. 210-2 FOR THE LOWELL PARK SLOPE PROTECT/ON".'- Ayes - -Councilwomen Avise and Bodlovick, Councilmen Kimble and MacDonald and Mayor Peterson Nays --None (see resolutions) (Bids returnable at 10:00 A. M. October 27th)- DISCUSSION This variance request is on the agenda for the Lower St. Croix Management Commission on Oxtober 14th. Michael McGuire will have to make application for a variance with the local Planning Commission for the 24th and then the City Councilwill hear it on November 1st and the bids can be awarded the same evening. Mr. Meister will have to chanve some of the numbers and some of the drawings to comply with all of these requests. There is about a month's time for the Corps of Engineers and the DNR permits and hopefully everything will be taken care of. MR. MC GUIRE stated that there are three things that concern him (1) the grade; (2) preserve as many trees down there as we possibly can; (3) quality of the kind of work that is used. MR. MEISTER stated that they are trying to look for a more uniform type of rock - they are specifying a maximum size of 18 inches and 50% of the material used is twelve inches or larger. INDIVIDUALS & DELEGATIONS (continued) None at this time • 4 October 4, 1983 59 • • COUNCIL REQUEST ITEMS 1. COUNCILWOMAN BODLOVICK made reference to the letters from Lakeview Memorial Hospital and Mr. Rygg and the Minnesota Department of Health on the transporting of patients to the hospital and copies of these letters will be sent to all Council members. 2. COUNCILMAN MAC DONALD asked thqt copies of the new ordinance on the posting of signs be sent to all of the violators with a letter and there was discussion about the placing of stickers on the light poles downtown indicating the posting of signs are prohibited by order of the City Council. MR. KRIESEL will check into such stickers and order same. 3. COUNCILWOMAN AVISE inquired about the parking on Chilikoot Hill especially at the base of the hill and requested that there be "No Parking" in this area because of the danger. On motion of Councilwoman Avise, seconded by Councilman Kimble, the Council authorized the porting of "NO PARKING" on Chilikoot Hill. (all in favor) • 4. On motion of Councilman MacDonald, seconded by Councilman Kimble, yhe Council authorized the removal of the parking meter on the west side of Main Street to the north of Commercial Avenue. (all in favor) 5. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the Council confirmed the following appointments to the Park Board. (all in favor) Tom Lammers Carl Volstad Sue Collins - two years - three years - one year 6. MAYOR PETERSON announcelthat he felt that it was time to make the appointments for the Charter Commission and requested that each Council member go through the list of applicants and select 12 that should be considered for this commission - they are to submit their lists to Mr. Kriesel by Tuesday, October llth. 7. The Budget Meeting was set for Tuesday, October 11, 1983 at 4:00 P. M. COMMITTEE REPORTS PUBLIC SAFETY 1. MR. ABRAHAMSON had no report at this time although there was discussion on the variable shifts for the Police Department. Mayor Peterson felt that this matter should be taken up at a budget meting. Mr. Abrahamson stated that all shifts are bid on by the union by seniority - this has been changed by the union request - they felt that the City should answer this request for a requested change. Mr. Abrahamson was asked to figure out some cost figures on the proposed changes. PUBLIC WORKS 1. On motion of Councilwoman Avise, seconded by Councilman Kimble, the Council authorized the posting of Wildpines Lanes for a thirty mile speed limit just to the west of County Road No 5 (all in favor) 2. MR. SHELTON inforned the Council that Criag Peterson has requested "No Parking Here to Corner" on several locations in downtown and he was asked to get this list to Mr. Abrahamson and he is to met with Mr. Shelton to get the proper signing for these lications as most of them are already painted yellow. PARKS 6 RECREATION 1. MR. BLEKUM informed the Council that he has reviewed the applicants for the Park- keepr postion - 150 applications have been received and he has selected ten for interviews. Councilwoman Bodlovick, Councilman MacDonald, and Mr. Blekum will conduct the personal interviews on Wednesday, October 12, 1983 starting at 3:00 P. M. and giving each applicant fifteen minutes. The City Clerk will set up the appointments. 2. On motion of Councilman Kimble, seconded by Councilwoman Avise, a resolution was introduced "PROMOTING RODNEY HAMBLE AND ROBERT EARTKEY FROM JUNIOR PARKKEEPERS IN THE PARK DEPARTMENT TO PARKKEEPERS EFFECTIVE OCTOBER 1, 1983 AT A COMPENSATION RATE OF $10.63 PER HOUR" Ayes --Councilwomen Avise and Bodlovick, Councilmen Kimble and MacDonald and Mayor Peterson Nays --None (see resolutions) 3. MR. BLEKUM inquired about the phase for the toilet facilities in the pavilion and this will possibly be done by next spring. 4. MR. BLEKUM inquired about the work on the pavilion and Mr. Meister stated that they should proceed in about five days. • �60 October 4, 1983 • • 5. MR. KRIESEL made reference to the specifications for the pavilion in that asphalt shingles were to be used and there was discussion about making a change in this construction. BUILDING OFFICIAL No report CITY CLERK'S REPORT 1. On motion of Councilwoman Bodlovick, seconded by Councilman MacDonald, the City Clerk was directed to send the claim from Tom Bartkey for damage to his home from a tree that the City removed to the McGarry -Kearney Insurance Company. (all in favor) 2. On motion of Councilman Kimble, seconded by Councilwoman Avise, the Excavator Bonds for Sarah, Inc., St. Paul and Moeleter Construction Co., Stillwater were approved. (all in favor) CITY COORDINATOR'S REPORT 1. MR. KRIESEL presented the claim for Wayne Orn for the Hockey School and the items that should be considered for payment and the City Attorney wrote an opinion for the Recreation Commission to the effect that he really had no authority to deal with the Recreation Commission and the cases in the statute states that the only one in the City authorized to make contracts is the City Council - he should have known that he was operating with someone who did not have the authority to make a contract and secondly that the City was bound by law to"pull the plug" because the City was threatened with other ligitation and we acted in good faith - in this case it is a propriety function of the City which is a business fuction rather than a governmental function like the Police and Fire, so there are some equities that come into play. There are certain "out of the pocket" expenses that cannot be litigated in any other way and they came up with $703.10 which could be paid and he did not know if this would satisfy him. On motion of Councilman Kimble, seconded by Councilman MacDonald, the Council authorized the payment of $703.19 to Wayne Orn providing he is willing to sign a waiver of any further claim. (all in favor) 2. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the Council approved the re -apportionment of the assessment for Dallager Estates. (all in favor) 3. On motion of Councilman Kimble, seconded by Councilman MacDonald, a resolution was introduced "EMPLOYING CRAIG PETERSON AS THE PARKING CONTROL OF.FICER EFFECTIVE OCTOBER 5, 1983 at $1,209.00 PER MONTH". Ayes --Councilwomen Avise and Bodlovick, Councilmen Kimble and MacDonald and Mayor Peterson Nays --None (see resolutions) 4. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the Council authorized the repair of one of the garage doors in the Fire Department Building at an estimated cost of $726.80 for the replacement of the bottom section and paint- ing of same. (all in favor) 5. On motion of Councilwoman Bodlovick, seconded by Councilman MacDonald, a resolution was introduced "COMMENDING ALBERT "JAKE" SCHMOECKEL FOR HIS YEARS OF SERVICE TO THE CITY OF STILLWATER". Ayes --Councilwomen Avise and Bodlovick, Councilmen Kimble and MacDonald and Mayor Peterson Nays --None (see resolutions) FINANCES DIRECTOR No report APPLICATIONS On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the following Contractor's Licenses were approved: (all in favor) Carlson Masonry Masonry & Brick Work 507 Napoleon Circle, South St. Paul 55075 New D. C. General Builders - Dwayne Cardinal 9919 - 206th St. N., Forest Lake 55025 Excavators New Pratt Construction 1320 Birchcrest Drive, White 3ear 55110 General New (continued on page 61) • October 4, 1983 61\ Sarah, Inc. 80 E. Little Canada Rd., St. Paul 55117 Excavators Sun Group, Inc. 7101 Hy. 65 N. E., Suite 2 Fridley, Mn. 55432 COMMUNICATIONS None ORDINANCES General Second Reading - Ordinance No. 614 - Posting of Signs - Ordinance No. 615 - Hunting Within the City Limits - Ordinance No. 616 - Land Reclamation QUESTIONS FROM THE NEWS MEDIA New New RESOLUTIONS The following resolutions were read and on roll call were adopted: 1. Directing the Payment of the Bills. 2. Adopting the Assessment Roll for Local Improvement No. 207 - (Councilwoman Bodlovick opposed) 3. Adopting the Assessment Roll for L. I. No. 195 4. Adopting the Tax Levy for 1984 5. Changing Certain Mandatory Levies 6. Employing Craig Peterson as Parking Control Officer 7. Promoting Rod Hamble and Robert Bartkey to Parkskeepers 8. Commending Jack Schmoeckel for his years of service 9. Approving ,he Plans and Specs and Advertising for Bids for Local Improvement No. 210-2 ADJOURNMENT On motion of Councilman MacDonald, seconded by Councilwoman Avise, the meeting adjourned at 11:30 P. M. Mayor Attest: df 1e City Clerk •