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HomeMy WebLinkAbout1978-09-05 CC MINt • • • 12 COUNCIL CHAMBER Stillwater, Minnesota September 5, 1978 7:30 P. M. REGULAR MEETING The meeting was called to order by President Junker. The Invocation was given by the Acting City Clerk. Present: Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker Absent: None Also Present: Acting City Clerk, Schnell; City Attorney, Magnuson, Superinten- dent of Public Works, Shelton; Public Safety Director, Abrahamson; Director of Parks and Recreation, Blekum; Consulting Engineer, Elliott; Building Inspector, Niska. Press: Stillwater Evening Gazette - Bob Liberty Free Press - Kevin Regan Citizens: Anders Hansen (Baytown Township), Mr. & Mrs. Harold Howie, Edward Deiss, Mr. & Mrs. Paul Wolf, Sharon Baker, Norman Webb, Jim Gannon, Brad MacDonald, Norbert Riepe, Bruce Lorenz, Mrs. Hislop, Ann Marlow, Tom Thoreson, Tom Weber, James Rosenwinkel, Mr. and Mrs. Scott Johnson, Bud Kern, Jim Torseth INDIVIDUALS- DELEGATIONS 1. ANDERS HANSEN, Chairman of Baytown Township, appeared before the City Council regarding the cost of the lights which are proposed to be installed at Oakgreen Avenue and Highway 212. The cost of this is $7,000 of which the State of Minne- sota will pay $3,500 for these signs One- fourth of the remaining cost will be paid by Washington County or $1,750 and the balance of $1,750 has been billed to Baytown Township. He asked that the $1,750 be split in thirds between Oak Park Heights, Baytown and the City of Stillwater and the amount for each would be $583.33. On motion of Councilman Peterson, seconded by Councilman Mahoney, that the City sign an agreement with Baytown Township to share in the cost of the traffic light at South Greeley, Oakgreen and Highway 212 not to exceed $583.33. (all in favor) 2. CAPTAIN GRIFFITH was scheduled to appear at this meeting, but he did not appear. 3. NORBERT RIEPE, 302 Edgewood Avenue, appeared before the City Council regarding the Edgewood Ditch which was to have been completed in 1975 and he is still waiting for the ditch to be finished. JACK SHELTON stated that the City sent Orrin Thompson a letter at least five months ago as to the things that he was to finish and there has been no answer back from them. The City extended a pipe that ran off of Interlachen Drive and they were suppose to come and finish that but it is still raw and it is really a mess and the water stands there. MR. RIEPE stated that they had a garden out there and because of the water the misquotes are so bad that they cannot get out there and when they bought the house they were told that there would be no standing water. COUNCILWOMAN BODLOVICK indicated that she had taken a look at it and it is a real mess and she asked if the City is still retaining any money on the Fifth Addition. DUANE ELLIOTT recomended to the Council that they exercise any option that they have under the current bond that they hold for the off -site improvements - these relate to streets, boulevards, signs and t4is type of sodding for the ditches - Dave Magnuson could call as to the City's intent to move forward using the bond as an avenue to get the work done and try to setup a meeting within the next week with Don Patton their engineer. There is a record that sodding was a part of the requirement of the City. On motion of Councilwoman Bodlovick, seconded by Councilman Peterson, that the City Attorney be directed at least to send Mr. Thompson a letter stating very strongly that if this is not reconciled shortly, within 30 days, that some action will be moved ahead on the bond, and we will do the work and they will pay for it. (all in favor) • • 1 a • • September 5, 1978 MOO • 4. BRUCE LORENZ, representing N.U.S. Corporation appeared before the City Council regarding the situation at Lily Lake - they are a qualified consulting firm in this type of work and they are located in this area and they would be happy to meet formally or informally concerning any restoration plans that the City may have. He stated that there are several sources of available funds and Federal matching funds for the state and local governments and felt that these could be utilized to the fullest extent. On motion of Councilman Powell, seconded by Councilman Peterson, that NUS were directed to meet with the Public Works Director and Mr. Blekum and look at the situation and communicate back and forth to get some suggestions as to what might be done and get an estimated cost that might be done to the area. (all in favor) PUBLIC HEARINGS - -- CONTINUED HEARINGS ON THE PROPOSED VACATIONS OF WEST ABBOTT AND SOUTH HARRIET STREETS. Lance Hisiop, Corner of Willard and Harriet Street, asked that Harriet Street between Willard and Abbott be vacated. THOMAS THORESON, 602 South Holcombe, requested that the east end of Abbott Street be vacated from Holcome to Harriet. Questions were raised about the lots that are in this ravine has not been resolved - there is hold -up on the abstract and it should be straightened out before they move any further. Mr. Strohkricht is proposhg to purchase this property and sell same to Mr. Hislop and Mr. Weber. MAYOR JUNKER asked if they could get an easement to drive -in to this property and MR. MAGNUSON stated there is no provision for a special vacation in that sense - if there is a sewer easement that could be retained. MAYOR JUNKER indicated that if these two parties purchased these lots from Mr. Strohkricht they would need an easement of twenty feet from Holcombe to their property in order to get in there. COUNCILMAN PETERSON questioned why they could not come in from Harriet Street and MRS. HISLOP stated that the incline from Harriet Street is much greater than Abbott Street. ANN MARLOW, 702 South Holcombe, questioned why they could not get to this property from the other end and that Abbott Street be vacated on the east end. TOM WEBER, 613 West Willard Street, stated that he would be put in fill to come from the west end of Abbott Street to this property and felt that he could drive straight in from the east end, but it was stated by another party that there is a twelve foot drop from the east end. COUNCILMAN POWELL stated that when you vacate a street is gone from then on and it is possible fifty years from now when you arBfliving there any more somebody decides that there should be a street and if they need ingress and egress from Holcombe . . . ANN MARLOW :stated that they wanted it vacated and would like to clean it up and if it is not vacated then the City or the owners back in the ravine should clean it up - their property is on the line of the platted street and if a dirt road was put in, then the need for vacation would be gone. The street has not been used for the past fifty years. MRS. HISLOP stated they could not vacate it since they would be land - locked. MAYOR JUNKER asked Mr. Magnuson if the City maintained both of the streets and gave the people a twenty foot easement or we kept a twenty foot easement on Abbott Street and let the people clean it up would be any problem with that. MR. MAGNUSON stated that you could not do that - if the street is vacated the City no longer has interest - do not need an easement. Questions were raised if someone wishes to build a garage over this street and he was gold he could get a variance, but he would have to stay off the street right -of -way. Statements were made that these lots were not going to be developed at the last meeting when this matter was heard and questions were raised as to what the need would be for an access to these lots. • • 1 4 • r 14 • • September 5, 1978 • MR. HISLOP stated that he would like to get down in there to clean up this property as it looks like City Dump and he was told he could drive down that street as it is if he could get down. Questions were raised about the main- tenance of the property which the owners are maintaining now. Questions were raised about the telephone poles and trees that are located in the area and the grades of all of these streets. Abbott Street off Holcombe could be a gravel road the same as Harriet just off Churchill, and this would be used to get to this property in the ravine. COUNCILMAN POWELL asked when we put in a gravel street or some kind of dirt road with some rock it has been the City's polich to assess for that and MR. SHELTON did notl?lieve that we have done this in the past. Questions were raised by both parties as to the fact that they can walk to their backyards, but are unable to get to them with motor vehicles. COUNCILMAN PETERSON asked if Abbott Street were vacated without any reser- vation for an easement in there, then the property would go to each property owner and at that point and time the property owners could resolve to put their own driveway down there - they could use that as their own personal driveway or access because it would be put on their property and that would resolve any problems as far an access or roadway is concerned - a couple of weeks ago these people did not care if the property was land - locked or not. MRS. HISLOP stated that possibly fifty years from now somebody would want to build there and they now want to clean it up. ANN MARLOW asked what they would have to do to get this easement and she was told they would have to have an agreement which would be recorded with their property deed. MR. MAGNUSON stated that it is a legal agreement in the nature of a deed where you convey an easement across your property to someone else and it provides the terms under which they can use the property and it provides that it lasts forever binds the land and you have to pay a lawyer to do that. The cost could be $25.00 to $50.00 to do that. MRS. HISLOP presented a signed statement from Mr. Lueken in which he agreed to the vacation of Harriet Street from Willard to Abbott, and does not include the intersection. COUNCILMAN PETERSON felt it would be up to the property owners to arrange their own easements and the City vacate the street. MR. MAGNUSON stated that once it is vacated it is vacated forever and the parties could get to squabbling with the terms of the easement and the party who lost his access is going to have a lot to complain about - it is conceivable that we could vacate and an easement would never take place and the property would be land- locked and the City would be subject to a lawsuit. The City should not take any action until all the problems are resolved between the property owners including the easements and the Council should see the easements before the vote is taken on the vacation. The hearing was closed at 8:20 P. M. On motion of Councilman Mahoney, seconded by Councilman Powell, the Council agreed to vacate South Harriet Street from West Willard to West Abbott and West Abbott Street from South Holcombe to South Harriet Street as soon as all of the easements are in order. AYES -- Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS -- Councilwoman Bodlovick (motion carried) COUNCILWOMAN BODLOVICK felt that we are going to end up with trouble as this matter has been going on for a long time, and there could be some building activity on that one side and if they had an easement, would that constitute a street for buildable lots. MR. MAGNUSON stated that it provides in the sub - division code that a lot have frontage on an improved public street before it is buildable and if these people on the back lots had only a twenty foct easement or driveway they would not be allosed to build on them. The Council agreed that they should be told that right now that the lots would not be buildable without frontage on an improve street. The property owners know what the problems are and they can work it out. MR. MAGNUSON said that from the legal point of view the vacation of a street is something under which your discussion is very severely limited and it shall be absolutely clear not only the property owners, but the public in general and all streets are held in trust forever and he felt before one is ever vacated it should be absolutely clear to the Council that no problems are very going • • • 4 1 • • r� September 5, 1978 arise from the vacation of that street. 2. This is the day and time set for the public hearing on the proposed variance to Ordinance No. 479 - Scottland, Inc., Croixwood Blvd. and County Road No. 5. No one from Scottland appeared - they withdrew their request. MR. MAGNUSON reported that MR. Eastlund called him this afternoon and stated that the restrictions that the neighbors wanted on the property - that is no dry cleaning store, no liquor store were not something that the mortgage company would go along with and they would not grant the mortgage with those sort of restrictions on the property - Scottland is unable to find financing for their proposal, so therefore, they were forced to withdraw it. They have also renewed their building permit on the building for which they have approval, so he assumed that they would be going ahead with that - the smaller unit. A CITIZEN from Croixwood asked if the neighbors were unreasonable and the Council agreed that we do not need a neighborhood liquor store. The neighbors wanted to be on record as being here and standing in the position they have always been in the past and they are still opposed to these businesses. THE MAYOR DECLARED A RECESS FROM 8:35 P. M. to 8:35 P. M. 3. This was the day and time for the public hearing on the construction of a six inch watermain and eight inch sanitary sewer main in South Harriet Street - North of Pine Street. Notice of the hearing was published on August 22, and 29, 1978 and copies were mailed to all potential benefited property owners. The Mayor opened the hearing. DUANE ELLIOTT explained the proposed project which is requested for a duplex on the north end of this street. In existence on that street today is a private watermain which is 3/4" galvanized constructed in 1910 to 1931 - there is no public sanitary sewer either - there is a private sewer in two different locations and the City has been unable to find the manhole which is suppose to be in that portion of the street. There formerly was a dwelling on this property and the sewer could have been connected to one of these private lines. The builder has not investigated to see wherher or not that service can be located. He was proposing a six inch watermain and the sewer would run from the manhole and run in a northerly direction and the properties to be serviced would be the seven on the east and west side and the two other properties are serviced from the lines on Pine Street, and another parcel is serviced off a line on Oak Street. The proposed watermain is in keeping with the past City practices with respect to the street improvement wherein private water services especially of the age this one is abandoned and a City main put in which provides the additional diameter for fire protection. The sanitary sewer remains to be a question - there are two private lines in there constructed years ago and there has not been a maintenance problem according to Jack Shelton - no calls in that area and if the service can be found on this property possibly it could be used. The City Attorney would have to rule as to whether or not this party would be allowed to hook into this private line. The estimated cost of the total improvement is $29,400 - $13,000 for sewer and $16,000 for the watermains. JAMES ROSENWINKEL, 414 South Harriet Street, spoke in behalf of the residents who live on South Harriet. He asked if the street is zoned "duplex" or single family and MR. NISKA stated that it is zonzed two - family homes. He questioned why at this time would there be a question as to whether or not there is adequate services for a duplex and felt that this is some- thing that should have been questioned prior to the area becoming duplexed originally. When was this done? MR. NISKA - In 1963 when the City drew up the Zoning Ordinance - at that time the City was divided up into area zones. MR. ROSENWINKEL questioned why this was not considered earlier when some of the other homes were duplexed in the area. • 15 1 • • • • • • September 5, 1978 arise from the vacation of that street. 2. This is the day and time set for the public hearing on the proposed variance to Ordinance No. 479 - Scottland, Inc., Croixwood Blvd. and County Road No. 5. No one from Scottland appeared - they withdrew their request. MR. MAGNUSON reported that MR. Eastlund called him this afternoon and stated that the restrictions that the neighbors wanted on the property - that is no dry cleaning store, no liquor store were not something that the mortgage company would go along with and they would not grant the mortgage with those sort of restrictions on the property - Scottland is unable to find financing for their proposal, so therefore, they were forced to withdraw it. They have also renewed their building permit on the building for which they have approval, so he assumed that they would be going ahead with that - the smaller unit. A CITIZEN from Croixwood asked if the neighbors were unreasonable and the Council agreed that we do not need a neighborhood liquor store. The neighbors wanted to be on record as being here and standing in the position they have always been in the past and they are still opposed to these businesses. THE MAYOR DECLARED A RECESS FROM 8:35 P. M. to 8:35 P. M. 3. This was the day and time for the public hearing on the construction of a six inch watermain and eight inch sanitary sewer main in South Harriet Street - North of Pine Street. Notice of the hearing was published on August 22, and 29, 1978 and copies were mailed to all potential benefited property owners. The Mayor opened the hearing. DUANE ELLIOTT explained the proposed project which is requested for a duplex on the north end of this street. In existence on that street today is a private watermain which is 3/4" galvanized constructed in 1910 to 1931 - there is no public sanitary sewer either - there is a private sewer in two different locations and the City has been unable to find the manhole which is suppose to be in that portion of the street. There formerly was a dwelling on this property and the sewer could have been connected to one of these private lines. The builder has not investigated to see wherher or not that service can be located. He was proposing a six inch watermain and the sewer would run from the manhole and run in a northerly direction and the properties to be serviced would be the seven on the east and west side and the two other properties are serviced from the lines on Pine Street, and another parcel is serviced off a line on Oak Street. The proposed watermain is in keeping with the past City practices with respect to the street improvement wherein private water services especially of the age this one is abandoned and a City main put in which provides the additional diameter for fire protection. The sanitary sewer remains to be a question - there are two private lines in there constructed years ago and there has not been a maintenance problem according to Jack Shelton - no calls in that area and if the service can be found on this property possibly it could be used. The City Attorney would have to rule as to whether or not this party would be allowed to hook into this private line. The estimated cost of the total improvement is $29,400 - $13,000 for sewer and $16,000 for the watermains. JAMES ROSENWINKEL, 414 South Harriet Street, spoke in behalf of the residents who live on South Harriet. He asked if the street is zoned "duplex" or single family and MR. NISKA stated that it is zonzed two - family homes. He questioned why at this time would there be a question as to whether or not there is adequate services for a duplex and felt that this is some - ding that should have been questioned prior to the area becoming duplexed originally. When was this done? MR. NISKA - In 1963 when the City drew up the Zoning Ordinance - at that time the City was divided up into area zones. MR. ROSENWINKEL questioned why this was not considered earlier when some of the other homes were duplexed in the area. • • 4 k • 66 • • • September 5, -1978 COUNCILNAN PETERSON - some years ago the City instituted a policy where there would be no more of what they called "private lines" run such as in this area and at the time those were put in 1911 or 1913 it was just to expedite the matter and they put them in themselves and until the request came for the sewer and water for this proposed duplex, there hadn't been a request. No private lines are being constructed. MRS.HAROLD HOWIE, 417 South Harriet Street, stated there are no problems on Lot 11 - and this property owner has come in and bdldozed down the trees, and graded the property and madeit a public nuisance. MR. PAUL WOLFF, 520 West Pine Street, this proposed improvement. There are system. There is a shut -off valve on this street have not had problems why already there and wait until there is expended. stated that he would not be affected by five homes presently hooked up to this the one driveway and if the people on can't they hookup to the line that is a demonstrated need before that money is EDWARD DEISS - stated that he did not want to build a dwelling that is going to have problems with this type of things - according to his deed he can hookup to the water line from one of the owners, but he was told that it would not be sufficient. MR. ELLIOTT was questioned whether or not there was sewer to this property and he was not sure about this and MR. SHELTON had contacted the developer to dig a trench to possible location and he has not done that. There is a private sewer line at the manhole and he felt that it was a legal question as to whether or not this party could connect to this line. MR. MAGNUSON stated that the City would have to see what sort of an agreement there was in the first place between all the owners to share the use of it and also how old it is - whether any of these documents have been recorded and if there is no evidence there he would be of the opinion since it is a public street and it is located in there and it is so old that no one knows that the City really owns the thing and he could hook up to it. There would have to be some questions answered before we could decide that. MRS. HOWIE questioned why we have to have a duplex here - why not a single family home? MR. MAGNUSON stated that when the Zoning Ordinance was adopted in 1963 practically the whole City was zoned "duplex" - just a blanket zoning since there were so many old houses and large houses that were being converted and they felt it wise to just establish that district for the whole City. MR. SHELTON stated that everything that came in after 1963 is single family and that is all the new developments, but the major part that was not "Industrial" or "Commercial" was zoned Two- Family ". MARY WOLFF, 520 West Pine Street, said five homes have been serviced by the one water line and they seem to be getting along fine and they have no problems - the problem seems to be with the proposed duplex, that there would not be enough water for themselves and felt they should take care of themselves and why the other people should have to pay for their water problems. COUNCILMAN POWELL - the people who put the system in the first place without contributing anything to the City water system - they did not pay anything for hydrants - they just hooked on - their own contractor put it in and covered it up and put in the meter - the thing is in time this is going to have to be changed - whether it is today or tomorrow or next year, that system will be bad as galvanized iron doesn't last that long and it is proper to have a hydrant at the dead -end of Harriet Street and that cannot be put in with a one inch line. By doing it now it certainly would be cheaper than it would be in ten years. MR. ROSENWINKEL stated that there are a number of retired people living on this street and that this would be a tremendous burden if the need was not here to be hooked up. MAYOR JUNKER asked about the number of years that it could be assessed and MR. ELLIOTT stated that it could go to fifteen years. He hoped that the 25th of December that the water pipe doesn't break and all of these homes would be with- out water and that has happened in Stillwater - more and more holes are being dug for new copper lines and they are really bad. This would be 65 years old and he put in one last week that was 80 feet long and most of it fell apart - rather than look at the expense you are better off to do it now rather than wait two or five years - he was afraid that their water is not going to last that long. r • • • • f 1 J 1 .4 • • • • September 5, 1978 COUNCILMAN POWELL suggested that the watermain was put in and the sewer line was not, then you are talking about $16,000 divided among five homes or six homes about $2,000 for each property and Mr. Deiss could connect to the other sewer line - he has to be in one of these lines. HAROLD HOWIE questioned how deep that lot has to be - he measured from his fence line for the excavation and he stated that they had been tL,ire several times to see if they had it surveyed. MAYOR JUNKER stated that if they don't want to pay for that all the Council can do is to allow Mr. Deiss to hookup to it. COUNCILMAN PETERSON stated that some time and place along the line those private lines are going to have to be replaced and then what happens - require the developer to put in the water line himself as the Mayor suggested. MA Y O Rh tINKER stated that he can hook it into the curb -stop - one is there now part of that and MRS. HOWIE stated that water line comes through their driveway and cuts across the other property and the shut -off is in the drive- way. Questions were raised why this was not put in when the big project was done and MR. ELLIOTT stated that it was not included in the street program, other- wise it would have been done. JAN JOHNSON, 416 South Harriet Street, asked if the water line breaks in three or four years, how much would it be and she was informed that it would be somewhat higher, but would not double - she was willing to take a chance on the breakage and replacement at that time. EDWARD DEISS - they bought the property and it was zoned duplex - they paid the two SAC charges, sewer connection charges and the building permit and thought all was in order until he did some checking that this was a private and went to as the pipe crumbled 5- the inyMay tornJuneetheyddug of val the hole and they have been dragging along all summer and they thought they had sewer and water since they paid all the charges. They don't feel that the one inch galvanized is going to take care of this property. He does not want to build anything that there is going to be trouble later on - should be done right. The property will be surveyed next Monday. MR. SCOT1 JOHNSON, 416 South Harriet Street, questioned the payment for same as they are all elderly citizens and young couples that do not have the money for this work. They are willing to take their chances. Questions were raised about the location of the hydrant and it was shown on the west side of the street. He stated that the Water Department records are excellent - more than likely the cost figures from 1911 are still available. MR. ELLIOTT stated that the Council could initiate an improvement such as this as well as a petition - the other option would be the first time that there is a water break the City could request a water improvement for this street. This is a small project to be let by itself and it could be tied in with the project for Phase II of the Stillwater Industrial Park. MR. DEISS stated that he would like to drop the sewer from the petition - he felt that he has to have the water. He felt that the had property rights and he owns the property. A petition was presented from the property owners being opposed to this improvement. SCOTT JOHNSON asked if they have to vote in this matter and he was informed that the Council holds the hearing so that they get the property owners input into it and then they would have seven families on this line and there is going to be considerable drain. Questions were raised about the size of the lot and they were informed that it has to be 7,500 square feet and the plat map shows that it is 150 x 75 feet. Further questions were raised about the off - street parking and MR. NISKA stated that he had the proper square footage and off - street parking. The Mayor closed the hearing. On motion of Councilwoman Bodlovick, seconded by Councilman Peterson, that the improvement not be ordered at this time - not to require water or sewer at this time. • 17 \ ' • • • • • 18 September 5, 1978 AYES -- Councilwoman Bodlovick, Councilman Peterson and Mayor Junker NAYS -- Councilmen Mahoney and Powell (motion carried) 4. This is the day and time for the public hearing on the proposed second reading of an Ordinance establishing a storm sewer improvement district in the con- tributory drahage area of the Industrial Park, Stillwater, Minnesota. Notice of the hearing was published on August 18, and 25, 1978 and copies were mailed to all benefited property owners. On motion of Councilman Mahoney, seconded by Councilman Powell, the Clerk made the second reading of an ordinance entitled "AN ORDINANCE OF THE CITY OF STILLWATER ESTABLISHING A STORM SEWER IMPROVEMENT DISTRICT IN THE CONTRIBUTORY DRAINAGE AREA OF THE INDUSTRIAL PARK, STILLWATER, MINNESOTA ". (all in favor) 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 Mayor opened the hearing BUD KERN asked how the boundaries were determined for this project? MR. ELLIOTT stated that the water from the Benson farm will be discharged out to the North ultimately get to chis district - basically the district is estab- lished by the streets and the natural typography - there are 233 acres in Bay- town that are also tributory, at least a portion of the _system that would he developed to the Croixgate Property and that culvert that crosses Trunk Hy. 212 and the drainage under County 5 - it is recommended on the report on Phase II of the Industrial Park that this area not be included in the district of the other commuaities in the T- wnship, but rather only that drainage which is currently tributory under the highway and the 24 inch culvert be accepted and that a detention basin in the future would have to be required if this land were urbanized rather than its current agricultural state. This basin would require 46 acres one foot deep and four feet deep would take ten acres of land/ That district to the south could stand on its own. This would require a joint hearing for the improvements in that area which would include storm sewers in other areas. The area is there but very little of the storm water would be contributory to the area being developed under this ordinance. The Engineer from Baytown attended a meeting here - information for Baytown, but he saw no reason that they seek participation at this time - at least they have been informed. MAYOR JUNKER felt that if we are taking water from Baytown Township then they should be participating in these costs. MR. MAGNUSON stated that from a legal standpoint there is no way we can assess property in another community unless they would participate and agree to have a joint improvement project. They are essentially involved in two ways - if they would cooperate in this project and have that property assessed - the second is when the development of that property in Baytown takes place we will be able to limit the amount of runoff that comes into our area and we will have to do that by requiring holding ponds on their side and they will probably wait until they are forced to do that. BUD KERN asked about the cost of the project - what is involveti? What has to be done with the area outlined in "red "? MR. ELLIOTT stated that it would not be the total system - the platting has been changed and this is a preliminary system prepared by Don Rippel. MR. MAGNUSON stated the ordinance provides that the storm sewer improvements can be handled under this ordinance in separate projects and don't have to be handled in connection with a lot of other projects - keep the storm separate so that can be taxed just on the people who contribute drainage. This ordinance be adopted tonite and it might never be used - it gives the City the opportunity to use it if they feel they need to use it. M.R. ELLIOTT stated that there would be a number of assessments against a piece of property and it could go ahead in three or five states and there would be three or five assessments. BUD KERN asked how much would be built on - COUNCILMAN MAHONEY stated that basically the storm sewer for the whole area is proposed at this time for any of the con- struction on the Hooley property,' • • • • • • /■ r September 5, 1978 MR. ELLIOTT said that when Orleans Street goes ahead to the north, there would have to be a half of that street dedicated and the assessment be spread on an area basis. JIM TORESETH inquired about the assessments and MR. ELLIOTT stated this will come out in the hearing on Local Improvement No. 157. The only areas that will be assessed for the storm sewer would be those outlined in "red" and that could be a number of assessments. The Mayor closed the hearing. The chair then put the questions, "Shall this ordinance pass ?" and on roll call the ordinance was unanimously adopted. 5. This was the day and time for the public hearing on the proposed improvements for the Stillwater Industrial Park. Notice of the hearing was published in the Stillwater Gazette, the official newspaper of the City, on August 18 and 25, 1978 and copies were mailed to all benefited property owners. The Mayor opened the hearing. MR. ELLIOTT explained the proposed improvements for streets and utilities - petitions for Noxell Avenue from Trunk Highway 212 up to 63rd - 62nd Street from Noxell to Novak and then 63rd Street from Norell to Novak. Abutting the property is the Feely property which is Green Acres and cannot be assessed at this time. All of the utilities within the shaded streets on the map are sanitary sewer and to connect with the sewer trunk line constructed under Local Improve- ment No. 129 -1, watermain throughout the entire area (12 inches in diameter with a 16 inch on 62nd Street from the well and tank site) that will be carried in a westerly direction. The storm sewer proposed to drain southerly and westerly with a discharge at this ie in the state trunk highway ditch. A detention pond is required - an 11 ,flre nond and a second pond and the engineer for Land Tech requested in anruher 1 ration and this will meet the criteria. Portions of several lots will .lave to be deeded to the City or that pond. The street improvements will be 44 feet in width on 62nd Street, Novak Avenue from 62nd to 63rd - all of the other streets, east -west streets and North -south streets, with a 16 foot raised media two lanes in each direction - raised islands permit the installation of left turn lanes where necessary of business development -- higher cost for the extra curbs. Additional rights - of -way were platted in both locations to a 80 foot width. 63rd Street is a Municipal State Aid Street from County 5 to County 66 - its full length. The estimated cost of the improvement for the storm sewer facilities - $297,570; storm water detention basins - grading and seeding of the ponds only assuming that the land is donated by the developer - $320,570; sanitary sewer - $90,110; watermains - $174,700; street construction - $461,470. Total improvement - $1,046,850.00 which includes the 10% contingency and the 15% for engineering, legal and administrative costs. There will be no services to the property lines as of this time the location of the buildings is unknown. Assessments to be spread on an area basis - acreage basis - 61 acres within the area which was outlined for the street and utility assessments. Sanitary sewer - $1,480 per acre; watermains-- $2,860; Street construction - $7,565 per acre; storm sewer - the cost to be spread for the entire area with the "red" area - 236 acres which results in a storm sewer cost of $1,700 per acre. An item which is a Council option with respect to street constriction, the ✓ street costs for Phase I, $3,600 per acre and in the light of the fact that this is a Municipal State Aid Street, the $7,560 street cost can be reduced down by $3,600 per acre. If Norell Avenue from 63rd Street to Trunk Highway 212 frontage road were designated Municipal State Aid, then the Municipal Aid Street Funds could be used for this work. In order to use these funds to the extent that he had stated it would require that this also be designated as a Municipal State Aid Street. MR. MAGNUSON indicated that he read in the League magazine that a developer was required to dedicate large thoroughfares that were not really for his benefit and the Supreme Court held that the City could not require dedication of more than what they needed for its purposes and this would be a point for the justification of using Municipal State monies for this purpose. 1 9 �• • • • a r • • • • 6 Questions were -raised as to the construction of Northwestern street is 44 feet wide and the cost will be about the same as Street when the State Aid credit is used in calculating these sewers will not be stubbed in, but they will be a part of the costs. Mr. Elliott stated that the location of the Cub Store changed from north of the bank building to another location. 63rd Street from Norell to Novak is 1,700 feet. COUNCILMAN PETERSON asked what the full length of 63rd Street would be so that the City can continue to construct this road with the aid of State Aid funds and Mr. Elliott stated that the City accrues about $80,000 per year for this fund. Mr. Elliott stated that he has a letter from the State indicating that the City develop a five year plan for the expending of State Aid money, so there should not be a problem in completing this street under this program - current balance is $414,000.00. JIM TORSETH stated any assessments against this property which are necessary to make this property marketable will have to be passed along to the potential purchasers of the property - industrial property like this, the potential purchasers are going to come from outside of the St. Croix Valley probably and they will be competing with the market of the Metropolitan area - the future potential for the area is new factories being built, which pay real estate taxes and employ people and anything that can help make that property more marketable from a cost standpoint of the industrial market will help them in the sale of this property. The Mayor closed the hearing On motion of Councilman Peterson, seconded by Councilman Mahoney, a resolution was introduced "DESIGNATING NOtELL AVENUE ( Washington (Avenue) FROM TRUNK HIGH 212 TO 63RD STREET AS A STATE AID HIGHWAY AS A MUNICIPAL STATE HIGHWAY ". AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) On motion of Councilman Peterson, seconded by Councilman Mahoney, a resolution was introduced "ORDERING THE IMPROVEMENT FOR LOCAL IMPROVEMENT NO. 157 AND DIRECTING THE ENGINEER TO COMPLETE THE FINAL PLANS AND SPECIFICATIONS. AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS- -None (see resolutions) UNFINISHED BUSINESS 1. The Council agreed to interview the following applicants for the position of Finance Director, as recommended by the Administrative Committee, starting at 4:30 P. M. - September 8, 1978 - 20 minutes for each applicant: Nile Kriesel John Collins Steven Ulrich 2. The Acting City Clerk was directed to setup a meeting with Mr. Burns regarding the fees that the County is proposing to charge the City for this work for 1979. 3. On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, a resolution was introduced "SETTING THE SALARY FOR THE JUNIOR BOOKKEEPING CLERK AT $650.00 EFFECTIVE AUGUST 16, 1979 AND THAT SHE WOULD MOVE TO THE TWO YEAR LEVEL ON February 16, 1979" AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) NEW BUSINESS 1. The Council set the date of September 13, 1978 at 6:30 P. M. for a meeting with the business agent for Local No 49 and at 7:30 P. M. with Local No. 91. 2. On motion of Councilman Powell, seconded set the date of September 26, 1978 at 7 on the following cases from the Planning Septesber 5, 1978 • Avenue - this the State Aid costs. The contingency has been The length of by Councilman Powell, the Council 30 P. M. for the public hearings Commission: • • • • • • • September 5, 1978 Case No. 279 - Greeley Nursing Home - Special Use Permit Case No. 324 - Swager's Re- subdivision on Meadowlark Drive Case No. 336 - Ronald E. Kranz - Special Use Permit - Chiropractic Office Case No. 337 - Rod Lawson - Variance for a deck Case No. 338 - Rockwell Hoffman, 1704 West Oak Street - variance for a garage Case No. 339 - Rose Morgan, 908 South Sixth Street - variance for a garage Case No. 340 - John K. Ogren, 103 North Main Street - Special Use Permit - new station Case No. 334 - Reliance Development Co. - Preliminary Plat (all in favor) 3. On motion of Councilman Powell, seconded by Councilman Mahoney, a resolution was introduced "DIRECTING THE PAYMENT OF THE BILLS ". AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 4. On motion of Councilman Mahoney, seconded by Councilman Peterson, a resolution was introduced "AUTHORIZING THE TRANSFER OF VARIOUS FUNDS ". AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 5. On motion of Councilman Peterson, seconded by Councilman Mahoney, a resolution was introduced "AUTHORIZING THE TRANSFER OF $115,886 FROM THE CROIXWOOD CONSTRUCTION FUND ACCOUNT TO THE IMPROVEMENT BOND ACCOUNT ". AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 6. On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, a resolution was introduced "AUTHORIZING THE TRANSFER OF $8,388 BALANCE IN THE MSA Construction Account to the Improvement Bond Account ". AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS- -None (see resolutions) INDIVIDUALS - DELEGATIONS - continued None at this point in the meeting Porter- Marty, Inc. 324 South Third Street, Stillwater APPLICATIONS On motion of Councilman Powell, seconded by Councilman Peterson, the following Contractor's Licenses were approved: (all in favor) Bruette Roofing - Harlan Bruette 8510 DeMontreville Trail, Lake Elmo, Mn. 55042 Roofing Renewal Fred Deutsch - D & D Cement & Masonry 635 W. Shryer Ave. & 824 West Grandview Avenue St. Paul, Mn. 55113 Masonry & Brick Work Renewal General Renewal Wallmaster, Inc. 1141 West Montana, St. Paul, Mn. 55108 Siding and Home Improvements Renewal - - - -On motion of Councilwoman Bodlovick, seconded by Councilman Peterson, 3.2 On and Off Sale Beer Licenses were granted to J. Lamont Brine, 219 South Main Street, Stillwater. (all in favor) - - - -On motion of Councilman Peterson, seconded by Councilman Mahoney, the Council authorized the transfer of an "Off Sale Liquor License" from September 1, 1978 to December 31, 1978 from William Kinsel to Kinsel's, Inc., Second and Chestnut Street, Stillwater. (all in favor) 21 • • • • 1 22 September 5, 1978 COMMUNICATIONS From the Washington County Planning Advisory Commission regarding mini - planning conference - no action. From the Metro Council - Guidelines for Ranking Applications for Areawide Bonus Funds. (No action) 1 ' CITY COORDINATOR'S REPORT 0 1. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Council directed that the claim from Mrs. Terry Needham for medical expenses for her son Jason, who was hurt at Pioneer Park, be sent to the McGarry- Kearney Insurance Agency. (all in favor) 2. On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, the City Clerk's office was authorized to contact Bob Voto of DeLaHunt to assist them in the preparation of the Tax Lexy for 1979. (all in favor) 3. On motion of Councilwoman Bodlovick, seconded by Councilman Powell, a resolution was introduced "AMENDING RESOLUTION N0. 6534 - CHANGES IN ELECTION JUDGES FOR THE PRIMARY AND GENERAL ELECTIONS." AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 4. The Acting City Clerk informed.rthe Council of the levy limitation for the Public Library - it cannot go below $85,000. CONSULTING ENGINEER'S REPORT None at this point in the meeting PUBLIC WORKS COMMITTEE REPORTS 1. On motion of Councilman Powell, seconded by Councilman Mahoney, the Council directed the Acting City Clerk to advertise for bids for a re- inforced concrete wall for the replacement of the Olive Street Parking Lot Wall, said bids to be returnable at 3:00 P. M., October 10, 1978. (Local Improvement No. 165) (all in favor) 2. Mr. Shelton is working on the naming of the streets in the Stillwater Industrial Park and the City Attorney will secure a copy of the plat map so that this work can be completed. PUBLIC SAFETY 1. On motion of Councilman Mahoney, seconded by Councilman Powell, the Council authorized the discharging of cannons for the Grand Opening of the Northwestern Bank on September 8 and 9, 1978. (all in favor) 2. On motion of Councilman Powell, seconded by Councilman Peterson, a Dance Permit was granted to the Stillwater Fire Relief Assocation for their dance at the Armory on September 9, 1978. (all in favor) 3. On motion of Councilwoman Bodlovick, seconded by Councilman Peterson, a resolution was introduced "PROMOTING TIMOTHY BELL OF THE VOLUNTEER FIRE DEPARTMENT FROM ENGINEER TO CAPTAIN ". AYES - - Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and NAYS- -None Mayor Junker (see resolutions) 4. On motion of Councilman Powell, seconded by Councilman Peterson, the Clerk made the first reading of an ordinance by title entitled "AN ORDINANCE PROHIBITING CONSUMPTION AND POSSESION OF INTOXICATING LIQUOR AND NON - INTOXICATING MALT LIQUOR IN LOWELL PARK AND WASHINGTON PARK AND ESTABLISHING A CURFEW IN PARKS WITHIN THE CITY ". (all in favor) 5. Mayor Junker indicated that he had received quotes and other information for the sound-proofing of the dog pound - the quote received was for $1,628.00 for materials for this project. • • • • 0 1 • • 6. Chief Abrahamson presented to the Council members information on an extractor to cut cars in more serious accidents, the cost of which would be $5,400 - they are going to try to get matching funds from the State - put in the Fire Department budget for next year - recommend that the Council see fit to order it now - takes two months for delivery. Questions were raised as to whether the County has one of these, but Chief Abrahamson stated that they do not have a Rescue Squad and they do not have the personnel that he is aware of to do this work. Chief Abrahamson was directed to check out funding on this piece of equipment and come back with figures. PARKS AND RECREATION 1. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Mayor was directed to send a request to the Margaret Rivers Foundation for a donation of $25,000 for the construction of tennis courts at the Croixwood Seventh Addition Park. (all in favor) 2. On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, Mr. Blekum was directed to send out the specs and advertise for bids for the electrical work at the Croixwood Seventh Addition Park with bids returnable by 7:30 P. M., September 26, 1978. (all in favor) 3. Mr. Blekum cited the figures for the improvements in this park and the funds that are to be available for such improvements and the work that had been done. Out of the original $25,000, he still has $8,290 which will be used up on the incidentals and they are going ahead with the excavatir; of the roadway and tennis courts so that they can put the Class 5 tall in with the use of the street department crew and then they can put in the irrigation system which they already have. 4. Mr. Blkum again brought up the matter of classifications of the various people in his department and there are two courses being offered by 916 V. T. - one on small engine repair and the other on basic horticulture. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Council authorized the expenditure of $54.00 so that two men from the Parks Department can attend the above classes. (all in favor) ADMINISTRATIVE COMMITTEE No report September 5, 1978 CITY ATTORNEY'S REPORT 1. Vern Andrews has discussed with the City Attorney the fact that his neighbor is building a great big fence, an ugly one in his backyard, and the Zoning Ordinance does not provide for any fence control - we would have to look to the Nuisance Ordinance and stretch it to provide him any relief. On motion of Councilman Peterson, seconded by Councilman Mahoney, the Clerk made the first reading by title of an ordinance entitled "AN ORDINANCE AMENDING ORDINANCE NO. 384, THE ZONING ORDINANCE, BY PROVIDING FOR THE REGULATION OF THE CONSTRUCTION, PLACEMENT, HEIGHT, NATURE AND EXTENT OF FENCES ". (all in favor) COUNCILMAN POWELL moved that the City Attorney or the Acting City Clerk send a letter to the party in question and inform him that they should stop construction of the fence until they meet with the Planning Commission. (no second - motion declared dead) On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the City Attorney was instructed to take whatever action action is necessary under the Nuisance Ordinance to control or eliminate the construction of this fence in question. (all in favor) APPROVAL OF MINUTES - On motion of Councilman Mahoney, seconded by Councilman Powell, minutes of the followbg meetings were approved: August I, 1978 Regular Meeting 7:30 P. M. August 16, 1978 Special Meeting 7:00 P. M. August 22. 1978 Regular Meeting 7:30 P. M. August 28, 1978 Special Meeting 8:00 P. M. (all in favor) 23 • • • • COUNCIL REOUEST ITEMS COUNCILMAN PETERSON asked what was happening on the Nelson School Project and the City Attorney advised that he sent Mr. Welch a letter after the first meeting in August and gave him thirty days to either close the deal or release the City from the deal and he has had no reply to date and he should know within a few days. MAYOR JUNKER gave a bill for the removal of a diseased elm tree for Clara Raduenz to Mr. Shelton to check same out. QUESTIONS FROM PRESS REPRESENTATIVES_ None September 5, 1978 ORDINANCES First Reading - Prohibiting Consumption of Liquor and Beer in Lowell and Washington Parks - Fence Ordinance Second Reading - Storm Sewer Drainage District - Stillwater Industrial Park RESOLUTIONS The following resolutions were read and on roll call were unanimously adopted: 1.* Designating Norell Avenue (Washington Avenue) as a Municipal State Aid Street. 2. Ordering the Improvement for Local Improvement No. 157 =—Phase II Stillwater Industrial Park 3. ** Salary for Junior Bookkeeping Clerk - Luana Kuehn 4. Directing the Payment of the Bills 5. Authorizing the Transfer of Various Funds +6.* Transfer of $115,886 from the Croixwood Construction Fund Account to the Improvement Bond Account +7.* Transfer of $8,388 balance in the MSA Construction Account to the Improve- ment Bond Account. 8. Promotion of Tim Bell to Captain - Volunteer Fire Department 9. Election Judge Changes - Amend Resolution No. 6534 * Not Published in the required time - repassed September 13, 1978 +* Not published in required time - repassed September 26, 1978 ** Lost at the Gazette - repassed - September 13, 1978 An;OURNMENT On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the meeting adjourned at 11:00 P. M. Attest: , - /1.. /. % .JJ Act City Clerk Mayor r • • • •