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HomeMy WebLinkAbout1979-03-06 CC MINCOUNCIL CHAMBER Stillwater, Minnesota REGULAR MEETING March 6, 1979 7:30 P. M. The meeting was called to order by President Junker. The Invocation was given by the City Clerk. Councilmen Harry Peterson, Roger Peterson, Present: Councilwoman Bodlovick, Powell and Mayor Junker Absent: None Also Present: Finance Director /Coordinator, Kriesel; City Clerk, Schnell; City Attorney, Magnuson; Superintendent of Public Works, Shelton; Building Inspector, Niska; Director of Parks and Recreation, Blekum; Consulting Engineers, Dick Moore and Duane Elliott Press Stillwater Evening Gazette - Liberty WAVN - Gary Larson Citizens: Mrs. Gertrude Schmidt, David S. Johnson, Don Raleigh, Melvin Wolf, Margaret Clemenson, Bill Hahn, Chuck Swanson, Dick Herold, George Smith, Jim Gannon, Al Borsheim, Dr. Bernard Gaffney, Alan Borsheim, William Lecuyer, Catherine Buck, David Murphy, Pat Bantli, Mr. & Mrs. Karl Schmoeckel, Mr. & Mrs. Lloyd Anez and son INDIVIDUALS- DELEGATIONS 1. MR. GERTRUDE SCHMIDT inquired what effect the amendment to the zoning ordinance would have on the Nelson School property. MR. MAGNUSON stated that this amendment would change the minimum lot size to build a two- family home in a two family district and as far as the Nelson School property is concerned two single family homes could be built on that property but if someone wanted t, build a duplex there they would need 10,000 square feet and if there is to be multiple dwellings there it could only be done by coming to the City Council for a variance. 2. DON RALEIGH appeared before the City Council in behalf of his client David S. Johnson regarding the proposed annexation of property to the City of Stillwater. He presented the City Couhcil with a petition and resolution for this proposed annexation. On motion of Councilman Roger Peterson, seconded by Councilman Powell, a resolution was introduced "ACCEPTING THE PETION FOR THE ANNEXATION TO THE CITY OF STILLWATER" and approved it subject to th.: approval required by the Stillwater Township Board under the Joint Powers and Orderly Annexation Agreement ". AYES -- Councilwoman Bodlvoick, Councilmen H. Peterson, R. Peterson, Powell °1 and Mayor Junker R NAYS- -None (see resolutions) UNFINISHED BUSINESS 1. Mr. Ron Niska will take care of pres enting the Sunshine Record Shop with the Building Codes that they will have to comply with at 229 South Main Street and it was agreed at the Public Safety Committee meeting to give them until April first to see whether the owner or the tenant will take care of the items detailed in Mr. Niska's memo; otherwise the City will ask them to close them down. COUNCILMAN HARRY PETERSON questioned the cancellation of their insurance and wondered if the City should be concerned about that and the City Attorney stated that the Certificate of Insurance is something between the tenant and the landlord and felt that there was no provision that the City has that a commercial establishment be insured. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council followed the recommendation of the Public Safety Committee regarding the Sunshine Record Shop. (all in favor) L 0 9 • 0 • • ^ March 6, 1979 • to 2. On motion of Councilman Powell, seconded by Councilman Roger Peterson, the City Attorney made the second reading of an ordinance entitled: AN ORDINANCE AMENDING ORDINANCE NOS. 417 AND 444 OF THE CITY OF STILLWATER REGULATING PARKING IN THE CITY OF STILLWATER. (Ordinance No. 570) The ordinance was read section by section followed by roll 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 Roger Peterson, seconded by Councilwoman Bodlovick, the City Attorney made the second reading of an ordinance entitled "AN ORDINANCE AMENDING ORDINANCE NO. 383, THE ZONING ORDINANCE RELATING TO REQUIRED LOT AREA FOR A TWO- FAMILY DWELLING IN A TWO- FAMILY ZONE 'RE'" (Ordinance No. 571) 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. with 4. MR. MAGNUSON had met /the Administrative Committee regarding the codification of the City Ordinances and submitted a memo to them regarding same dated February 26, 1979. He stated that the only copy of the ordinances are on file in the City Clerk's office, although all of the police officers and other officials and the citizens are required to know what are in the ordinances. The only way everyone can know is to check through the index and make sure that an ordinance has been amended or changed in some way. He indicated that most cities our size has done this and most of the communities in Washington County have and no one has as many ordinances as we have. The proposal that he submitted to the Council is one alternative - the other would be to hire a professional firm. He is offering his law clerk, David Jaehne, to do this work for the City and he pays him $5.00 per hour and he would be glad to bill that to the City at that rate or let him become an employee of the City for this project. It is estimated that the project could take as much as six months at five days per week. Also as part of the Comprehensive Plan one of the mandates is that the City is expected to review the ordinances and kind of tune them up and in that budget there was an allocation of about 14 or 16 hundred dollars for legal and that amount could be applied against the man's salary. The man would work under his supervision directly and that would be a part of his retainer so it would not cost the City any more in legal fees. He estimated that the cost would be about $3,500. It was agreed that at some point and time that this would have to be done and the Planning Commission has talked about this at various times COUNCILMAN POWELL stated that when it was discussed at other times the cost was very excessive and MR. KRIESEL indicated that St. Cloud recently had theirs codified and it was around $5,000. On motion of Councilman Powell, seconded by Councilman Harry Peterson, the Council instructed the City Attorney to have his law student proceed with the codification of the ordinances and that his attorney's office bill the City of Stillwater for this work. (all in favor) 5. MAYOR JUNKER Presented a memorandum from the girls in the office of Local No. 91 relating to salary increases approved by the City Council for the various depart- ments as compared to the amount that they received. He read the final paragraph - "We realize our contracts for 1979 and 1980 are signed but we thought you may like to reconsider. Our unit "bargained in good faith" and we assumed you were doing the same. We will greatly appreciate any consideration you may feel we deserve as our $70.00 increase does not begin to compensate for increased living expenses ". COUNCILWOMAN BCDLOVICK commented that "we" in good faith, I think,had all intentions of holding down to a $70.00 month increase - by virtue of no fault of ours contracts presently signed with a clause on automatic inceases, she did recall one past increase which was strictly for department heads for quite a bit more than that - she did not agree with it and COUNCILMAN ROGER PETERSON did not agree with it either - in good faith she felt that everybody should be treated fairly and equally as we possibly can - she did not know if there is money to re- consider on this, but she felt it should be taken in good faith . . . COUNCILMAN ROGER PETERSON did not feel that they could continually change - he was opposed to changing the other one and he would be opposed to changing this. COUNCILMAN POWELL stated as he recalled it the contract for the girls included a clause for the cost of living increase if it should exceed 7 %, they would get a differential. MR. KRIESEL AND MAYOR JUNKER stated that this was for 1980 and not for 1979. 181 • • • • 1 • • ( 182 March 6, 1979 COUNCILMAN HARRY PETERSON stated he views the situation here somewhat different than Councilwoman Bodlovick does - he looked at the action that the Council took in raising the department heads as an action that dealt with the part of the management team of the City and he considered the people who head the different departments are more than City employees - he felt they are the Council's right arm as such and what the Council faced with there was a situation in which these leaders of our so- called different teams were actually earning or were going to be paid less money than their sub - ordinates and he supported the increase in the raises for the department heads because he felt that if you do not reward your immediate assistants which is your management team you are going to have a whole bunch of "Indians" and no "Chiefs" and these are our chiefs and they have to be dealt wth in a clericaliemployeesrandrthe ,heads of the t departments and a should r be c dealt We the that there is with accordingly. COUNCILMAN POWELL stated that he concurred with that. COUNCILMAN ROGER PETERSON felt that the girls ought to be notified if the Council is not going to take any action - he did not feel that it was fair to just let it sit. MAYOR JUNKER asked what action they would like to take. On motion of Councilman Harry Peterson, seconded by Councilman Powell, that the Clerical employees be informed that the Council does not wish to change its offier and the contractual raises that have been entered into. (Councilwoman Bodlovick was opposed - motion carried) MAYOR JUNKER asked if the Council would consider looking at their salaries a he t r the e Council that h they s could still t at a it f bec use but they have another one coming up. 6. The re- scheduling of the hearing on Reliance Development Utilities will have to be considered after the Stillwater Township Board meets on March 8, 1979. NEW BUSINESS 1. The Travel Trailer Club of Mankato requested parking in the Stillwater River Parking Lot for seven mini -motor homes and travel trailers for the night of Friday, August 31, 1979 from 11:00 P. M. to Saturday morning at 7:00 A. M. COUNCILMAN PETERSON (Roger) was leery of this and what happens when other requests come in - he felt that it would be fair for them to make arrangements at O'Brien State Park which is only 15 miles north of Stillwater. MAYOR JUNKER questioned why they would request this as they have the right to go in there and COUNCILMAN R. PETERSON felt that the Council should not take a stand that they favor this type of a thing - he was in favor of sending them a letter indicating that there is a camping grounds at O'Brien State Park where they can make reservations asecond). they have all of the facilities. (This was his motion - dies for the lack of COUNCILMAN POWELL felt that if the City does not want to do this that Hooley's has a parking lot where they could spend the night - that the City should approach Jack about this. MAYOR JUNKER could not see why they made this request, and the response was that they are doing it the right way. MAYOR JUNKER felt that we built the parking lots for people to use them and he was told that they were not built for campers for overnite parking. MAYOR JUNKER indicated that our parking lot is no different than the Boom Site and he was informed that you cannot stay overnite at that park. He could not see any problem with seven motor homes staying down there overnite. COUNCILMAN HARRY PETERSON felt that a Trailer Club that took the time to write at this time of the year is not a group that is going to come in and tear our town apart and felt that we are dealing with people with some degree of "nicety" and fet or the athletic field wecshouldidotitm whether in not feelcthatkweg in shouldtell k em to go up the river 15 miles to find a place. lot of COUNCILMAN ROGER PETERSON felt that there could drbepatlot ofnpotentialeproblemsitthat s may not arise with this group, but some other camping buddies that we allow them to park there and he would guarantee that this is not the last request. COUNCILWOMAN BODLOVICK stated that Roger felt that we would be setting a precedent — but the Council would not have to allow - if this by any means a problem or whether it causes some - you do not have to allow or honor any other requests. This group may stay even two days. 9 • • • • • 0 • fir March 6, 1979 On motion of Councilman Powell, seconded by Councilwoman Bodlovick, that the Council send an individual down to talk to Mr. Hooley to see if he would be willing to allow these trailers to park in his lot for that particular date and that we report back at the nex regular Council meeting and that a letter be sent and it would be back in plenty of time. (The City Clerk is to send this letter) (see vote below) COUNCILMAN HARRY PETERSON stated that we are trying to attract people to our City felt that we should accommodate these people and did not care where they would park - we are trying to attract people into our retail and special food areas - he did not feel that we want to shut the door. COUNCILMAN POWELL was in favor of their using the parking lot (City's) if Hooleys is not available - but he felt that Hooley s would be easier to get in and out of - it is wider. VOTE ON THE MOTION - AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson and Powell NAYS -- Councilman Roger Peterson (motion carried) 2. On motion of Councilman Roger Peterson, seconded by Councilman Powell, Council- woman Bodlovick, Mayor David Junker and the City Attorney, David Magnuson, were appointed to the Board of Review for the City of Stillwater. (all in favor) 3. On March 1979 P. 14 Bodlovick, was setcforethey Councilman Powell, of public hearings for the following Planning Commission cases: Case No. 344 - Swager Bros. - Resubdivision - Sunnyslope Lane Case No. 345 - James E. Menard - Special Use Permit - 1108 South First Street to convert a duplex into a three -plex (will have to be re- scheduled as Planning Commission posponed action on this matter) Case No. 347 - Paul A. Johnson, 1010 Sixth Avenue South - Special Use Permit for a Land Surveying Office at his residence. Case No. 348 - Tom Cropp, 150A South Greeley Street - Special Use Permit - Ambulance Service and Office (all in favor) 4. Discussion was held regarding the x$ es to be charged to the Townships for Fire Protection and that some yearK7the procecure of assessing by a mill rate was discontinued and an arbitrary figure was set up. COUNCILMAN POWELL felt that the fair way was through using the levy against the evaluations of the properties and COUNCILMAN ROGER PERERSON felt that the number of runs and the time spent and he was informed that is about 24, of the fire runs for the three communities. The total budget of the Fire Department is almost $200,000 and we are getting only about $23,000 from the three Townships which is way under the 24%. COUNCILMAN POWELL fle that it would be reasonable to ,rive them a percentage raise and then the following year it would be based on the mill rate. MR. KRIESEL was directed to obtain t mill rate and evaluation from the County and present it at the next meeting and the City Attorney is to furnish the mill rate. 5. On Councilman Roger DIRECTING seconded OF THE Councilwoman Bodlovick, a BILLS". AYES -- Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson and Powell and Mayor Junker NAYS - -None (see resolutions) 6. WHARFAGE PERMIT FOR "THE DISCOVERY ". MR. MAGNUSON reminded the Council that now is the time to cc.isider if they want to place any restrictions on the use of the wharf or their hours of operation and the the would be a should be a policy for h all Council of these requests. BILL HAHN stated that the Downtown Retail Traffic Committee met this afternoon and they are in the process of preparing a proposal for the City and also for the people involved in the wharfage in Lowell Park - the Jubilee aandcTherDDiscovery they feel that there is tremendous pressure on that River Lot, particularly that the Freighthouse is doing very well - this afternoon and yesterday afternoon even though it is a slow time of the year and a slow day, that lot was about 607, filled. They feel that there will be a very definite problem come spring and they feel there are other alternatives that should ve studied before granting a permit to The Discovery because anything that is done with The Discovery sets a precedence for the Jubilee and in order to protect the accessibility of downtown to the water shoppers, - that made available to veryone and not the participants of the Jubilee and The 183 ° • • • s • • 684 He requested that he Council delay any action on this matter until the next Council meeting so that they may present their proposal at that time. On motion of Councilman Harry Peterson, seconded by Council- woman Bodlovick, the Council postponed any action on the wharfage permit for The Discovery until the next regular meeting on March 20, 1979. (all in favor) 7. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the City Attorney made the first reading by title of an ordinance entitled "AN ORDINANCE OF THE CITY OF STILLWATER AMENDING ORDINANCE NO. 509 OVERTIME PARKING FEES ". (all in favor) The initial fee is to be increased from $1.00 to $2.00 as recommended by the Public Safety Committee and that there be a penalty clause written into the ordinance for late paym ent. INDIVIDUALS AND DELEGATIONS None at this time MAYOR JUNKER DECLARED A RECESS FROM 8:25 TO 8:40 P. M. APPLICATIONS On motion of Councilman Roger PETERSON, SECONDED BY CouncilianfPowell, the following Contractor's Licenses were approved: Cardinal Home Builders, Inc. March 6, 1979 297 South McKnight Rd., St. Paul, Mn. 55119 Penguin Insulation Co. 13961 North 60th St., Stillwater 55082 Sunfish Construction Co. 1583 Marion St., St. Paul 55117 Trana & Craven Masonry 2221 Carver Ave., St. Paul 55119 J. J. Charles & Sons Excavating 2205 Germain St., Maplewood 55109 Insulation General Masonry & Brick Work Excavators General General Glen Johnson R. #1, Box 23 -B, Stillwater - - -On motion of Councilman Roger Peterson, seconded by Off Sale Beer License for the Brooks Superette ()26, was approved subject to the provisions being in the such a license. (all in favor) (The City Clerk checked all of the material in this case file and found no restriction regarding 3.2 beer and also called Mr. Thomas Schwintek who could not recall that there was ever any mention of such a license that could not be granted - the only request by the citizens was that there be no "ON OR OFF SALE LIQUOR" licenses for this project). New New New New New Renewal Councilman Powell, the 3.2 2289 Croixwood Blvd., Stillwater Special Use Permit regarding COMMUNICATIONS From Metro Waste Control Commission SAC Refund Transmittal letter. MR. KRIESEL indicated that the check had been received in the amount of $190,933.53 and he informed the City Council that he and the City Attorney and delegates from the other cities involved in this have asked meetinghonAthisnmattereonlWednesday opinion o fthisnweeke and there will be a From the Meteo Waste Control Commission regarding the waste water flow volumes for 1978 and infiltration. Mr. Elliott stated that the City will have to make a study of the infiltration and these costs would be very minor and he intended to give a detailed report later in the meeting if time permits; otherwise he will do same at another meeting. From the St. Croix Rivermen detailing their schedule for the 1979 season. (no action taken) 1 r L • w • • • • 1 • _ • 0 i aio ar March 6, 1979 CITY CLERK'S REPORT 1. On motion of Councilman Roger Peterson, seconded by Councilman Powell, the Council authorized the proclaiming the week of April 1st thru the 7th as the WEEK OF THE YOUNG CHILD as requested by the St. Croix Day Care Center, Stillwater and that such a proclamation be signed by the Mayor and be published. (all in favor) 2. On motion of Councilman Powell, seconded by Councilman Roger Peterson, a resolution was introduced "AUTHORIZING THE SIGNING THE GRANT APPLICATION FOR GRANT MONIES FOR LAND USE COMPREHENSIVE PLANS ". (Due to the fact that the application was not ready in time, the Mayor requested an extension until April 1, 1979) AYES -- Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson, Powell A"D Mayor Junker NAYS - -None (see resolutions) CITY COORDINATOR'S REPORT 1. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick the Council authorized the Mayor to sign the letter to the Minnesota Depart- ment of Transportation requesting them to provide a detdled preliminary plan that is mutually satisfactory to the State and the City for the construc- tion of curb and gutter work on South Main Street in conjunction with the City's new parking lot and that state bear the cost of same. (all in favor) 2. On motion of Councilwoman Bodlovick, seconded by Councilman Powell, the Council authorized the Mayor to sign a letter to the Minnesota Department of Transportation requesting that they continue their study of the pedestrian traffic at Nelson. and Main Streets. (all in favor) COMMITTEE REPORTS PUBLIC SAFETY 1. Mayor Junker reported that there has been a request for "NO PARKING" on both sides of Wildpines Lane and "NO PARKING" on the north side of Croixwood Boulevard, especially during the winter months. JACK SHELTON was directed to check this matter out and see what can be done on a temporary basis. 2. The matter of a stop sign by Hooleys where the bus stops and it was that one be five months SHELTON reported . 3. There was a request for a parking meter to be placed on the north side Nrthern be Main fringing on the on old the site coming around the corner. Mr. Shelton was directed to check this and report back at a future meeting, as to whether it would be feasible or whether it should be a "Yellow" zone at this particular site. PUBLIC WORKS 1. On motion of Councilman Powell, seconded by Councilman Harry Peterson, the Clerk directed to Public was advertise l Works Department, said bids to be returnable on Tuesday, April 10, 1979 at 4:00 P. M. (all in favor) (Money for these trucks was appropriated in the budget for capital outlay for this department.) 2. Mr. Shelton informed the Council that the present contractor for the removal of the diseased elm trees expires on April 1, 1979 and that the Council should be thinking about participating in this program for another year. (Mr. Kriesel was directed to obtain the information that is necessary for the funding of this program.) 3. Mr. Shelton informed the Council that they should be thinking about an assessment hearing for the construction of a dike and the date will be set at the Mr. thisoweek. attend a 4. Mr. Shelton informed the City Council that he will be meeting with a firm intown regarding the quality of Lily Lake and he will meet with him tomorrow - there is money available through the DNR and also some federal money but the City will have to write a letter (Nile or Jack) - he will get the information 85 % he can e check and City'stexpensesT- will can 185 • • • • s • • 186 March 6, 1979 come up with, but if it is put out on a bid, it would have to go to a consultant - he has made arrangements to have a lot of the residents around the lake do the sampling - the High School science class will do a Niletcan technical work on at it - not forgotten - he or matter. PARKS AND RECREATION 1. Mr. Blekum explained the new fee schedule for the use of facilities at the Lily Lake Park with the following rate schedule: Softball- increase to $1.00 per time slot making the price $4.00 rather than $3.00 and try to get four time slots per night. Tournaments (Friday- Saturday - Sunday) increase the fee from $7370T (One night only was $75.00 last year - reduce charge to $50.00) ICE ARENA RENTAL CHARGES - In the past few years they have been charging $45.00 per hour tor prime time from 3:30 to 10 o'clock at night, all day Saturday and Sunday - the other hours were $37.50 and then there was a reduced fee of $30.00 after 450 hours. New rates will be $37.50 and $47.50 and eliminate the reduced charge of $30.00. There was a discussion regarding charges for tennis tournaments, but he did not recall that there was a decision made on this item. MAYOR JUNKER asked if the Hockey Association was concerned about these new rates and Mr. Blekum stated that they were not too happy as they would have to raise additional funds to operate and they were willing to galong with it and that we would not lose them. COUNCILMAN POWELL indicated that he was at the meeting last evening - he was impressed by the report that Jim Fackler had for them and he was surprised that the Recreation Commission did not more -or -less go along with his recommen- dations. He suggested that the rates be $6.00 per game rather than $3.00. He suggested that the weekend tournaments be $150.00 instead of $75.00 - it seemed to him that the City is not recovering all the money that it costs us. If the City were to get $4.00 per game as the Recreation Commission recommended, we would take in $16.00 for a nite where projected costs would be $15.93 per night which would not leave anything for burned out light bulbs, or chalking the lines or an attendant or anything like that and he felt that if the City did not go to $6.00 that $5.00 would be a reasonable figure because then we are expected - heafelt little that $ 5. 00 something per game contingencies notseem exhorbitant that p ay not pay. The $150.00 for the tournament includes Friday night, all day Saturday and Sunday and Saturday night and Sunday night. The City has a man who is a pro- fessional who is there to take care of it and makes these proposals, he felt d should $150.00 to is for these tournaments. He s MAYOR JUNKER felt that the people of Stillwater are entitled to something that they pay out of their taxes for the arena - if the rates keep raising the kids will probably stay home. COUNCILMAN HARRY PETERSON stated that he was at the meeting and he understood Councilman Powell's concern. He felt that Mr. Fackler had a parochial view in his recommendations in trying to get as much income as possible and that there might be some self- serving interest and that if the Council is going to listen to him, then they should not appoint a Recreation Commission to come in with advisory comments to it. He did not feel that the City should make money or even cover all of the basic cots of providing this kind of recreational facility and the income will be raisied from $9.00 per night to $16.00 per night and if that merely covers the electrical power that was okay with him. As far as the tournaments are concerned it could be a total rainout and that they have a monetary interest here that might result in losing their money. He did not feel that all of the expenses should have to be recovered. He felt that the om be accepted sson made aa reasonablreasonable set of recomnendations and he so moved that COUNCILMAN ROGER PETERSON seconded the motion - he felt that it was a reasonable proposal and he informed Harry Peterson that the Recreation Commission duties go beyond the Lily Lake Arena, although it is Mr. Fackler's only concern. COUNCILMAN POWELL stated that consideration has to be given that Mr. Fackler is one of the right -hand men that was talked about earlier and that we pay good money to and he felt that it was reasonable to accept his recommendations or the City should get somebody that we pay $5.00 per hour. VOTE ON THE MOTION - AYES -- Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson and Mayor Junker NAYS -- Councilman Powell (motion carried) O a • • • • .- e • r 0 1 • 0 March 6, 1979 in April he 2 will B be k in with specifications nsaforttheenewrtruckeforghis department. 3. Mr. Blekum asked the Council about the status of the pipe running from up Lily Lake and later this statedgthat possibly he could bring PUBLIC HEARING fors LocaltImprovementt hearing was lo. 171 for County Road No. 66 (SouthpGreele improvements Street from Orleans to the south to Highway 212). Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on February 22 and March 1, 1979 and copies were mailed to all property owners proposed to be benefited by this improvement. This was a joint hearing with the City of Stillwater and the Stillwater Township Board and the abutting property owners of both communities. The Mayor opened the hearing. MR. ELLIOTT explained the location of the proposed improvement which will connect up with the State improvement at the southerly end. Through the use of various maps he explained the complete project as detailed in his feasibility study No. 77021 and 78084. The southerly portion of this street will be 52 feet in width and the balance will be a 44 foot street. An inter - related projects if 63rd Street which was petitioned for by Mr. Ogren which would require a storm sewer be extended and a look at the old drainage system. The 27 inch sewer pipe is not large enough and it will have to be enlarged to 36 inches under the street. He explained the complete drainage system that is proposed for this area. He felt that the pipe that is by the Somerset Systems is inadequate today and would certainly be inadequate when all of this propertY is developed along County 66. The esimated cost of the outlet pipe is $48,820.00 which would be the cost of the pipe crossing County 66 and the outlet across the Somerset Systems property. The benefits are three fold - (1) to Washington County to drain the ditch right -of- wa; to Countyt66. iTe e dp erce n tageto fnsiringtwould and be Washington properties 4.7 %, abutting properties 7% and the properties to the West of County 66 - 88.37,. It has been the County eoimpbbe and in the benefit ed se Township, properties - that certain elements the improvement those elements nts would are curb and gutter, sidewalks any drainage facilities for the roadway and any easement costs that might be required. He detailed the cost figures as shown on page 6 of the feasibility study for this improvement. On the storm sewer the County will participate n of the share of the pipe running down the County Road - therefore, the cost is indicated to be assessed at $12.900.00; 00 wtherstormiseser 2s0a0e00 $3,417.00 for the County 66 assessments; which are to be assessed solely to the benefited propertY and they are not assessed on a front foot basis and the watermain stubs at $3,100 which is to be borne by the City's Water Department and assessed at a later date. The break down of the abutting properties as they relate to the improvement on County 66 - 1,707 feet of City property and 1,560 feet of Township property. The drainage does not affect all of the propesnongCount County a66 ande henh s developed two costs for assessments - sidewalk, curb costs - $15.85 per front foot eastimate , storm sewer at $6.28 (for the parcels south of that point the 5map - the assessment would be approximately s2200 and The impme of wn0; block water services - $4 760; of street is le1, there is a sole owner and the total is $59,370.00. The storm sewer that relates to the entire tract of land within certain dashed lines are set on an area basis - outlet costa and other related storm sewers - the storm $ 003,108; ewer west of and 66 - a Road 66 outlet - $.1 the benefited area the e assessment f would be roughly e he per in square of property. The options that are available - the County has scheduled the improvement of isuinadquatet- his should the CO Council go ddress itself to of that improvement Countyu et 66 ze at at this time - it will be absolutely necessary that a pipe of adequateosize made least be constructed under County 66 and some interim type to the inplace 27 inch pipe. 9.87 . • • • • .188 March 6, 1979 i If the 63rd Street improvement is ordered in and that pipe is run westerly it is advisable that the entire improvement be voted in inasmuch as that assessment of this this pipe under 63rd is necessary and an approved outlet is necessary, it would be desirable to complete the storm sewers in the district such that this property is assessed once and only once for storm sewers. The Feely property and the Hauge property are termed "green .ores" and would be assessed for the improvement but the assessments are not collectible until such time as there is a change in the use of the land. There is also 100 feet of the Anez property affected by this improvement - the balance is being done by the State. A CITIZEN asked about the figures for the runoff at the present time that made the engineer decide that the outlet pipe is not adequate for now and the future. MR. ELLIOTT said they looked at all of the area in a final approved state - the outlet is adequate today, but would not technically be adequate when all the properties are developed in that area. They tried with the upstream ponding to make adpo because of there to accomplish that. of the land they that Bayttown Township at a recent meeting took the position that they did not want this pipe enlarged by the Highway Department, but would pond in the long range future pond south of the highway; therefore, their pool into the system is being maintained at that which occurred from the agricultural land. A CITIZEN asked if they are going to decrease the ponding area and MR. ELLIOTT stated that the northerly pond does not currently exist although there is a low area there - the current pond by the Country Kitchen will be on the opposite waserequiredrbydthe DNR provide equal volume through of which of the the other pond. DR. BERNARD GAFFNEY, CHAIRMAN OF THE STILLWATER TOWNSHIP BOARD, stated that they do not have sidewalks or curbs and gutters in the rural areas and these are not normal rural assessments. He stated that at the time of the Orderly Annexation Agreement and Joint Powers Agreement that he said that they did not want to have anything to do with sewers and now they are being told that they are going to charge them for part of these sewers - mayve it is a different kind of sewer. He felt that there are Joint Powers and Orderly Annexation Agreements that the City not go off on their own regardless hoe expertise that m eer but he would think that the City wanted to develop plans, Y do the courtesy of contracting their engineer at the start rather than the finish of the project. MR. ELLIOTT stated that the City is bound by a policy that the County has even within an urban area - there are some Township islands that are within the area that are the subject of improvement - he stated that he did talk to the Township engineer very early in the game and that he was most helpful in providing in- formation - for instance with the plans for the old sewer what was put in years ago on the Somerset Systems property - perhaps their engineer was not given the authorization to work on this project, but that he tried to inform everyone concerned of the project and that is why they are all here tonite. DR. GAFFNEY - that when there is an agreement with another Township, it is absolutely necessary not to have this "ossing" relationship with their Township - bring them in at the very start and say "this is what we think we will do in this area" and they will allocate whatever they think is necessary for engineering funds for our engineers to participate with the City's engineers. The next thing coming up is lift stations and he could see that down the road, and they were precipated with that with another meeting that the City's engineer presented to them. The City is continually doing this and they can't do that because either they have a reasonable agreement with the City so that they are really doing to cooperate, but he did not think that the City should get all these plans developed and then throw them at the Township, because he felt that was what the City was doing - he did not feel that it was the fault of the City's engineer, but the fault of the communications and when they start allocating costs and recognize that they are a rural area and they are not to have sewers and say that $42,000 out of the $72,000 has to do with sewers and drainage he felt that somebody should start thinking - really reconsider how they are going to apportion costs if the project goes through - he was not faulting the engineer on this, but he was faulting what the City of Stillwater expects of the Township. MAYOR JUNKER asked or stated -that Stillwater Township does not pay any sewer charges at all. . ISM t*7 Immo 0 • • 1 1 • 0 r • er March 6, 1979 MR. ELLIOTT stated that the benefits and the costs that are attributual to abutting property are assessed only to abutting property and nothing that would end up on the Township cash flow. DR. GAFFNEY questioned what Mr. Elliott meant by abutting property - if it is not their abutting property why are they concerned? It is their abutting property and they are involved. MR. ELLLIOTT stated that was correct - those properties that are shaded are Township properties on the map . He stated that this makes a project like this very difficult to talk about. DR. GAFFNEY stated that he was not quarreling about it from an engineering point of view - he was only quarreling where the cost is going to go from the onset. If you have a relationship with somebody in an agreement . . .. MR. ELLIOTT stated that those properties abutting County 66 that remain in the Township will be assessed and he indicated to the Mayor and Council the areas that are "Green Acres" in this area. The assessment would accrue to the property only when the use of it changes to a zoned use. The areas that are not "green acres" would be assessed $15.00 or $22.00. MAYOR JUNKER did not know if there were any property owners at the hearing that owned some of this property that has not been developed. MR. ELLIOTT stated that the City will be assessing for a portion of the street that the County is going to improve - the costs are developed - part of the curb and gutter - part of the sidwala. The sewer and water assessments except those vacant for lots s that require tit sewer services to go in assessed to the street up. MAYOR JUNKER asked if this project was similar to the one on County 12 and CHARLES SWANSON indicated that it was. The Mayor also asked if they would not proceed until the sidewalks and curbs are put in. MR. SWANSON stated that the sidewalk is optional as far as the City and the Township is concerned. It was his original recommendation that at least that the City consider putting a sidewalk on the west side sincethere is currently on virtually the full length of Greeley Street and felt that it was foolish to stop the sidewalk at the apartments on the north end of the project and not tie the sidewalk into the Commercial area to the south. The curb and gutter portion is not optional - they have no alternative but to put in curb and gutter - from 63rd Street southerly to the trunk highway project they anticipate carrying four lanes of graffic and that cannot be done on a rural type section with open ditches with the 66 feet of right -of -way that they nave. There will be no general levy on this project to the Township, just the proposed assessments to the abutting property owners. DICK HAROLD stated that there is only the one new water line to an existing home and the Water Board felt that it was prudent at this time to replace this water service at 1603 South Greeley Street, and the cost of same will be borne Their and there rebuold roads is to needed. over the DR. GAFFNEY stated that over the years he fought the annexation and the proposed changing in taxing structure and felt that this has been forced on them - that when there are projects with curb and gutters and sewers just forget about the Township and anything that is not considered a rural type of living that the City should forget it and that he was not going to stand for it and if in the future the City wants to put in a lift station which is coming up in the future - not in the same area - he felt that the City forced them into a position and he felt that they made a reasonable agreement and that they had checked every part of that agreement, but now that the City starts to expand and these extra costs come up - the City will absorb them and he felt that they should only absorb those things that are normally attributed to the Township. MAYOR JUNKER indicated that when the City goes out Greeley Street with sewer and water it is impossible to jump over the people that are in Stillwater Township - there has to be one straight line all the way out to the Country Kitchen - he did not see any other property owner other than Mr. Ben Patterson here from Stillwater Township who now has sewer and water and without it he would be in tough shape - the City has to service the people that are on that street. He stated that the City is not forcing ,'tything on the Township - the State is building a new road behind Country Kitchen and the County is willing to participate all the way back to Orleans Street with a new road which is needed and it does abut a few Township owned properties which is not intentional. 189 9 • • • ■ • r 1 190 Marth 6, 1979 • DR. GAFFNEY agreed what the Mayor stated was very logical but when it is Stillwater Township property that the City has not yet annexed that the City should be careful how the cost is going to be pro -rated - they don't have curb and gutters and they don't have sewers or watermains, etc. and he felt that was why they made their agreement that if fhp wanted to annex to under the the City & petition they could and when the do, then "ax ", but until they do, they shouldn't. COUNCILMAN POWELL asked Dr. Gaffney if he had talked to Mr. Hauge and see how he feels about it. DR. GAFFNEY - stated "no ". Normally, when they have a thing like this in the Township they have a meeting and they invite everybody in that is involved in the thing. COUNCILMAN POWELL felt that Dr. Gaffney was conveying his thoughts and not necessarily Mr. Mange's. DR. GAFFNEY stated that if Mr. Hague as a citizen of Stillwater Township wants that to things the then he wants to the ainst and put some - so. MAYOR JUNKER stated that if there is anybody that has property - that is what the hearing is for - this is why Stillwater Township was invited and every property owner that abuts the street should have received a letter stating what the City intends to do and if there is anyone here that wishes to speak - if we are violating on their property or trespassing, they should speak up. We have no intention of stealing anybody's property - I don't think we want to force anything on them, but if we don't do it now, maybe it won't get done. DAVID MURPHY - as far as the City hearing one voice spec: as if it was the Township, I am not sure that is quite true Some of us are here in the interest of determining whether or not certain facts as stated in this report are accurate and whether this is the best approach to the solution of this problem. I think that some people here might have some questions pertaining to the report more specifically and might be more constructive and something more on that order. He asked if other alternatives have been considered other than dumping all of this water into the Brick Pond and Lily Lake. stated and drainage economic of view follow the watershed district. There are some 80 acres of Baytown that drains under Highway 212 into the Oasis Pond and the conveyances were put in when it was more of an agricultural nature and that is all the pipe under Highway 212 will convey now - it has always gone down to the Brick Pond and that area and that is tied directly with Lily Lake. He could see no alternative and if someone has one in mind he would be very interested in knowing about it. DAVID MURPHY was concerned about increased drainge into Lily Lake and since the residents on Lily Lake are now complaining about the quality of that lake that this would not improve it any and he wondered if there are any alternatives. If the would increased run- off doing there dotwo to that three lake'stimes year now, what level. MR. ELLIOTT stated that he has reported to the Council that it is on the increase and they are planning to put a storm water pumping station at the north end of into Lily Lake and be piped on Brick Street to ultimately d s storm Lake as one option and the othercption was to pump system to the east and discharge it into the St. Croix River. Going to McKusick is the least costly - at that time it was estimated at $60,000 and $80,000 going to the St. Croix. These estimates were made about four years ago and the costs have raised tremendously. They are attempting to improve the quality - they will have a skimming device on the 63rd Street pond and any oil spill that might occur, the oil on the surface will be retained in that pond by this device. AL BORSHEIM asked about the relationshi? of this pond to the self- service filling station and MR. ELLIOTT stated that there are none to the north - the pond to the west of the Ogren property was about an attempt to protect the environment in the evert of a bulk oil spill nor as related to the underground tanks but a driver could be filling his tank and leave the hose running and go down for a cup of coffee and run all the way down to Lily Lake. This Council and the City of Stillwater has great concern about that and that is why this structure is going in and it costs several thousand dollars as part of the total improvement. KATHY BUCK, Township Supervisor, asked the engineer if he was aware of the fact that some of the residents in the area had been assessed for the cost of putting in the pie in by the Somerset Systems property and MR. ELLIOTT stated that he was not - he was aware that the assessment was spread, but thought it was borne by the developer and he did not recall whether or not the Township Engineer had given him that information. The cost was borne on an individual basis and not on an area basis. r Pm- • • • • • 0 iv i or March 6, 1979 MRS. BUCK asked what the cost would be for a normal City lot and MR. ELLIOTT stated that it would be about $600.00 for a 10,000 square foot lot. MRS. BUCK also questioned the benefits of the sidewalks and MR. ELLIOTT stated that everyone that drives Greeley Street uses every other street in the City of Stillwater - those people were assessed for theirs - it is a part of the network - the people who walk on the sidewalks on Greeley Street will walk the sidewalks of other streets or north on Greeley - there are benefits and this should increase the value of the property, but he could not prove that. MAYOR JUNKER asked Mr Swanson, the County Engineer, how he felt the sidewalks turned out on Myrtle Street. MR. SWANSON stated that considering the opposition that was had originally, they would have done the project a little differently, but it has turned out real well - bicycles use it. LLOYD ANEZ felt that they are making a big mistake since there is not enough room out there - he knows that area "A to Z" - he felt that they were looking at a lot of things awful wrong - in front of the Schmoeckel property there is not enough room for a sidewalk - what good is a sidewalk you can only use it two or three months out of a year - you can't even walk on those in town - you have to walkout in the street. A CITIZEN asked if there was a traffic flow done on the pedestrian traffic in the area - he works there very day and every seldom sees anyone walking in the street - he felt there is no pedestrian traffic. COUNCILMAN ROGER PETERSON stated that he has seen a lot of pedestrian traffic out there - he has seen many, many kids - school kids walking out there to go to Country Ketchen, etc. He stated that we have had this same situation on many streets in town - the one that Chuck Swanson referred to was Myrtle Street and the Council required a sidewalk on Myrtle Street for strictly for safety which is basically what the sidewalks are for - there was a lot of opposition from the home owners in that area and the sidewalks have turned out to be a tremendous benefit. Some of the area is Township - by nature of the industries it is urban in nature - the traffic flow is several thousands on both streets. A CITIZEN was concerned with the maintenance during the year of the sidewalks - possibly there are a few runners and really there is not much pedestrian traffic to the Country Kitchen. MAYOR JUNKER indicated that this is a bad road and it is really in need of reconstruction. AL BORSHEIM asked what guarantee is there that Baytown Township will stay on their side of the highway and MR. ELLIOTT said that there is only eight feet of storage for them in this area. MR. BORSHEIM stated that they are afraid of assessing, that is the Township Board, Boards and IOTT stated this. us with the natural ditch inch stated that the basis ditch ratherth than w a aconcrete used in which has to be larger. MR. ANEZ stated the trouble is that you have a larger pipe under Somerset Systems and that the trouble is that they put too much fill in the bond and you have the run -over - someone made a mistake. MR. ANEZ'S 50N asked about the assessments for the Green Acres property and MR. ELLIOTT stated that there would be no assessments for this area - normally the Council assesses projects over a ten year period - the City would be financing this project in the way of issuing bonds and presumably both the Township (if the Township votes the improvement in), the City (if they vote the project or improvement in), would be jointly collecting assessments and the money would all be turned over to the City to pay off the bonds. If there is "Green Acres" property, the assessment is only spread at such time as the "Green Acres" status is removed and that, as he understands it, is when the property is developed. MAYOR JUNKER stated that there would be no assessments to that property until it was about to be developed or sold. MR. ELLIOTT - then the past assessments and interest have to be picked up at that time, so he would not pay any assessments until the property was sold or about to develop it commercially or whatever. 191 • • • • R • 192 March 6, 1979 MRS. LLOYD ANEZ asked if they would be responsible then for the assessmsents at that time and the response was "yes" at the time of the sale - they would have to add that into the sale price as it is going to be more valuable - attch theaothe habenefitedpassessmentshto have butrunti water until then the City would bear the cost. MRS. LLOYD ANEZ asked that if they would want to pay off the assessments at this time, what the ccst would be and MR ELLIOTT stated that it would be the 6Q per square foot for the drainage and then only 100 feet of the street - he did not have the figures at this time, but that it could be calculated and given to them. A CITIZEN asked about the City's obligation assuming that the 100% assessment -if someone did challenge them - not successful in assessing 1'0% and some of the costs of the project did have to come out of the General Levy, it was his understanding that is a part of the City of Stillwater's General Levy as opposed to any portion out of Stillwater and Stillwater Township. MR. at bothSccosmunitiesewouldn share r equally h - he was h not sure and he would e have g al was to check the statutes. CHARLES SWANSON stated that they are not assessing 100% of the cost - the estimated cost on the project is in excess of $180,000 - they are asking the communities to pickup about $60,000 or one -third of it (the road portion of it). COUNCILMAN ROGER PETERSON stated that in the past on the assessments, the City has had many, many assessment hearings - some parking lot assessments that were challenged and reduced - not eliminated - had one street assessment up on North First Street that was challenged and reduced, but not eliminated - did not know of any that were lost completely. A CITIZEN in the "green acres" area where the bonds come due and the assessments may not be collected, the interim period would be financed by the City of Still- water as opposed to Stillwater Township. MAYOR JUNKER asked if this is a joint bond and the response was that the City would bond and MR. MAGNUSON stated that it is joint only in the sense of collecting the assessments for it - they have no obligation in securing the financing or any liability on the bonds. MAYOR JUNKER asked Mr. Elliott if he wanted the Council to vote on it this evening and MR. ELLIOTT stated that the County is interested in both the City of Stillwater and the Township so that the County can proceed on the assurance that there is going to be participation. BEN PATTERSON asked about wanting the road out there - is it going to be wider than what it is now in front of his area and MR. SWANSOn stated that it would stay identical. DICK HAROLD stated that the bituminous curbing would be taken out and put in concrete curb and gutter. MAYOR JUNKER asked Stillwater Township if they intend to vote on this at their meeting? MRS. BUCK stated in the absence of their chairman, she as vice - chairperson stated that they would prefer to act on this matter at their meeting on Thursday evening March 8th. MR. MAGNUSON stated that what they would have to do is adjourn their improvement hearing which is being held right now as they are conducting it concurrent with ours to protect the integrity of the proceeding, if you do decide to go ahead with it, you should formally adjourn the proceedings here and re- instate it on Thursday night - this should be recorded in your minutes. MR. LLOYD ANEZ felt that the City was wrong on his classification as "Green Acres" and he was informed that he is "Green Acres" by virtue of the Orderly Annexation Agreement and MR. BORSHEIM agreed that was his understanding of it even though Mr. Anez has not applied for this with the County. He also questioned the curb and gutter which will abutt his property and he was informed that the County will do the northerly 100 feet and the State will do the balance. COUNCILMAN POWELL suggested that the Stillwater City Council approve the improve- ment contingent on the decision of the Stillwater Township Board. He felt that if Stillwater Township knew that the City intends to do that, it might be of some benefit to them. The Mayor closed the hearing. 0 L • • 0 0 • 4 • • • r 0 0 0 March 6, 1979 On motion of Councilman Powell, seconded by Councilman Roger Peterson, a resolution was introduced approving the IMPROVEMENT OF SOUTH GREELEY STREET, LOCAL IMPROVEMENT NO. 171 CONTINGENT ON THE APPROVAL OF STILLWATER TOWNSHIP ". AYES- COUNCILWOMAN BODLOVICK, Councilmen H. Peterson, R. Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) MAYOR JUNKER asked Mrs. Buck if she should come back to the City Council with a date for a public hearing for the utility improvements for the Reliance Development property on County 12. CITY COORDINATOR'S REPORT - continued 1. On motion of Councilman Powell, seconded by Councilman Roger Peterson, the Council authorized the City's Finance Officer to advertise for bids for a suitable copier. (all in favor) 2. MR. KRIESEL explained to the City Council the new proposed change in the telephone system for the City Hall building - the change would result in a savings of $5,000 over a six year period and the installation charge would be $483.00. The rate would go from $636 to $673 and after three years the present rate would drop from $636 to $450. Any rate would be based on the $450. He further explained the prepayment program which the Administrative Committee was not in favor of. COUNCILMAN HARRY PETERSON did not feel that we should make this change and that we would not get that much out of it and more equipment - he felt that there should be some further study done on this matter - he did not feel that we are not buying that much for making the change. COUNCILMAN POWELL asked Mr. Kriesel if it was possible to get someone from the telephone company to describe this system to the Council and he was directed to have a representative here at the next regular meeting. CONSULTING ENGINEER 1. Mr. Elliott felt that he and Mr. Kriesel should put together a proposal on the sewage flow and have a special meeting on this matter as it relates to infiltration. We are currently paying for a lot of dollars of sewage going through that plant. CITY ATTORNEY'S REPORT 1. MR. MAGNSUON reported to the Council that at the last meeting the condemna- tion with Mr. Melton had been settled. In the meantime Mr, Melton has gone to the Joint Powers Committee and asked for permission to expand the business there and he does not have the required lot size. Now he is not talking about the easement, but that we have taken his business away from him - somewhere there is a lack of communications between the City and the Joint Powers and this could have been avoided if they knew were condemning it. ANN BODLOVICK indicated that there never was a permit for the operation of the used car lot, but he has been in business for a long time. There are no recores in the Township files for any thpe of a business at this location. He presented this information for the benefit of the Joint Powers representa- tives and that they keep in mind that the City is condemning a portion of this property and any restrictions that they put on it at this time are going to cost the City money - he would like to get this case settled - he does not have Mr. Melton's signature on this condemnation since the above action was taken the day after the Council's approval of the payment of this condemnation. APPROVAL OF MINUTES On motion of Councilwoman Bodlovick, seconded by Councilman Harry Peterson, minutes of the following meetings were approved: (all in favor) January 9, 1979 January 15, 1979 January 25, 1979 February 6, 1979 February 20, 1979 Regular & Adjourned Special Meeting Special Meeting Regular Meeting Regular Meeting 7:30 P. M. 7:00 P. M. 9:00 A. M. 7:30 P. M. 7:30 P. M. 193 ° ° • • • X 194 None March 6, 1979 COUNCIL REOUEST ITEMS COUNCILMAN HARRY PETERSON inquired whether or not the City has a lease with Glenn Wendorff for the property on Owen Street across from Garnon's - he stated that he is seeing more and more vehicles piling up mn that lot and the City is gang have a great City wants there - a about it and fpr pring comes, Y wants better view of htutock Lake - there are about 20 soothes around his shop and at least eight - ht to ten across the street some of them have not moved for months. (The City Clerk contact ctoMrMr. Wendorf for a letter cancelling his lease on this QUESTIONS FROM THE PRESS ORDINANCES First Reading - Overtime Parking Meter Fees Second Reading - Ordinance No. 570 - Amending Ordinances No. 417 and 444 - Ordinance No. 571 - Amending Ordinance No. 383 Lot Sizes - RESOLUTIONS The following resolutions were read and on roll call were unanimously adopted: 1. Directing the Payment of the Bills. 2. Accepting the Petition for the Annexation of the David S. Johnson, etal Property 3.* Grant Monies for the Land Use Plan 4.* *Approve County 66 PROJECT - Local Improvement No. 171 5. Ordering Hearing on Reliance Development Utilities (repass) * Repassed March 27, 1979 ** Repassed June 12, 1979 Attest: 64, 012. ty Clerk (Advised by the City Attorney not to publish at this time) ADJOURNMENT On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the meeting adjourned at 10:40 P. M. Mayor • I tad awl • • f •