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HomeMy WebLinkAbout1979-05-08 CC MIN• • • n L w COUNCIL CRAMBER Stillwater, Minnesota REGULAR MEETING May 8, 1979 7:30 P. M. The meeting was called to order by President Junker The Invocation was given by the City Clerk. Present: Councilwoman Bodlovick, Councilmen Roger Peterson, Powell and Mayor Junker Absent: Councilman Harry Peterson Also Present: City Finance Director - /Coordinator, Kriesel; City Clerk, Schnell; City Attorney, Magnuson; Superintendent of Public Works, Shelton; Public Safety Director, Abrahamson; Director of Parks & Recreation, Blekum; Consulting Engineers, Elliott and Moore; Building Inspector, Niska O Press: Stillwater Evening Gazette - Liberty Free Press - Lux WAVN - Gary Larson Citizens: Stanley Peplinski, Martin Anderson, Jim Gannon, Bill Westphal, Norris Swager, Jack Lux, David Majeski, Jerry Mechelke, Neil Junker, James Junker, Mark Mattson, Oscar Kern INDIVIDUALS - DELEGATIONS 1. MARK MATTSON appeared before the City Council requesting City Council action on the following matters in conjunction with Local Improvement No. 170 (County 66 - South Greeley Street Improvements) On motion of Councilman Powell, seconded by Councilman Roger Peterson, the Council authorized the Mayor and the City Clerk to execute the Agreement with Washington County for the Construction of County No. 66 - South Greeley Street - contingent 00 Stillwater Township's approval of the ordering of the improvement. (all in favor) On motion of Councilman Powell, seconded by Councilman Roger PETERSON, A RESOLUTION WAS INTRODUCED "APPROVING 171E PLANS FOR THE CONSTRUCTION OF COUNTY HIGHWAY NO. 66 ". AYES -- Councilwoman Bodlovick, Councilmen Roger Peterson, Powell and Mayor Junker NAYS- -None (see resolutions) On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, a resolution was introduced "DESIGNATING NO PARKING' ON BOTH SIDES OF COUNTY 66 BETWEEN ORLEANS STREET AND TRUNK HIGHWAY 212 ". AYES -- Councilwoman Bodlovick, Councilmen Roger Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 2. GARY KENT appeared before the City Council regarding a Farmer's Market to be held in downtown Stillwater on Saturdays from 8:00 A. M. to 11:00 A. M. in July, August and September and requesting approval of same. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the Council granted permission to Gary Kent to hold a Farmer's Market in Downtown Stillwater at either the Washington Federal Parking Lot or the First National Bank Parking Lot during the 1979 growing season and if any problems arise that they be resolved by Mr. Kent and the Public Safety Department. (all in favor) 3. On motion of Councilwoman Bodlovick, seconded by Councilman Roger Peterson, the Council approved the transfer for the liquor license for Someplace Else at 224 South Main Street from Neil Cosgrove to Martin David Anderson and Norma Marie Anderson as of June 15, 1979. (all in favor) 4. NORRIS SWAGER, 110 Lakeside Drive, appeared before the City Council regarding the outlet pipe for the drainage from County 66 by Somerset Systems on South Greeley Street. He stated that there is a lot of erosion in the area and if they put in a larger pipe, he felt that the erosion would be greater and that the bpond would soon fill up. He suggested that this pipe be installed so mat it would go directly into the pond. 277 \ • • • • • • (278 • May 8, 1979 MR. ELLIOTT stated that they were aware of the erosion and he felt that with the new construction and elevation of the pipe that this matter would be taken care of. - -He also brought up the matter of his plat for a portion of Radle's Sunnyslope Addition and the Lookout Street right -of -way problems and Mr. Elliott asked that he be directed by the Council to make a check list of the requirements from the Washington County Model Sub - division Ordinance which would assure the City that these replattings or plats are correct and comply with the ordinance. There are a number of missing items which the City needs to complete the pre- liminary approval of Mr. Swager's Plat. MR. SWAGER agreed to give to the City whatever property was necessary for the cul -de -sac. MR. MAGNUSON stated that the City could take the necessary easements to correct the streets in this area. MR. BLAISDALE and MR. ELLIOTT will meet on this matter and resolve the plat. On motion of Councilman Powell, seconded by Councilman Roger Peterson, Mr. Elliott was instructed to make a check list for developers that should eliminate some of the confusion on preparing plats. (all in favor) PETITIONS None PUBLIC HEARINGS 1. This was the day and time for the public hearing tor the proposed improvements under Local Improvement No. 152 for certain properties in the Cooper Addition. Notice of the hearing was published in the Stillwater Evening Gazette, the officials newspaper of the City, on April 27 and May 4, 1979 and copies were mailed to all property owners proposed to be benefited by these improvements. The Mayor opened the hearing. JAMES GANNON spoke in behalf of his father and he did not know how property that is already served with sewer and water could be assessed for this improvement. MR. ELLIOTT explained the extent of the improvements proposed under this project including the temporary and permanent lift station which will be rewuired to serve the proposed platting. The cost would be $2,393 per acre for a total of 7.9 acres. MR. ELLIOTT stated the improvement consists of street construction $59,100.00; sanitary sewer and watermains at $60,100.00; lift station forecmain - $18,900.00. He presented the maps and explained the location of the lift station and forcemain which would connect these utilities with those on Owen Street - the streets would be 32 feet wide - seven ton axel load. The lift station locations on a temporary basis and a long term basis were pointed out on the various maps - in the long range future the permanent lift station could serve properties to the south and properties in Stillwater Township - he indicated the area that could be served by this lift station if the costs were spread against that total area. There are other ways than assessing it - if the City were to fund it and to collect connection charges in the future for using the lift station - the costs are relatively high - one other option which he never suggested to the Council before - the developer would install it for his development and that when the day comes that platting to the west occurs and sewers are run down the hill and that lift station exists - the lift station as proposed in this report is no longer necessary and the sewers would go to the West and to the south by gravity down to the larger station at that time the temporary lift station would still have value, it could be given back to the developer. At this time some of these people may feel that they do not need this lift station, but ih the future they could feel differently. The sewage as proposed would be pumpted to Owen Street and then would flow by gravity down Owen Street - it is impossible to serve the new area by gravity be- cause the sewer on Owen Street is too shallow. MR. MECHELKE indicated that Forward Street had been vacated from the intersection of Stillwater Avenue to the north and felt that there would be no benefit for the property in this area for the lift station. He indicated that Dave Majeski, Jerry Mechelke, Stan Peplinski, Bill Gannon and others currently have City Sewer and Mr. Elliott stated that notices were sent to more people than were necessary in order not to get into problems at the time the assessment roll is made up H r • a • • • 7 • • • May 8, 1979 r 0 r or MR. ETTLIOTT stased that it appears the lift station would be more beneficial to the developer than anyone at the present time - if the improvement is to go ahead he expected the case might be that the developer should pay the full cost of the lift station. MAYOR JUNKER asked Mr. Lux if he agrees to that and MR. LUX responded that he would agree to it with the exception of the property on Stillwater Avenue on the morth side which property is owned by David Magnuson. The question was raised if the developer could pay for the entire cost and then have the aprties who hookup or use it at some future date pay the developer for same and MR. MAGNUSON stated that it is done and then there is a unit charge developed at the time of the agreement is made and when he hooks into it, he pays the hookup charge to the City and the City then reimburses the developer that share - this is a City problem. MR. MAGNUSON was agreeable to this and MR. LUX inquired if this would apply to all of the improvements and MAYOR JUNKER stated "yes" on all of these improve- ments. It was agreed that the abutting property owners would pay for the streets now but that for the other items for those who would make use of the lift station could be written into the agreement at this time and the developer would recover this cost. MR. MAGNUSON cited some parts of the agreement which the City had with Orrin Thompson on the prepayment of their assessments when they developed the Croixwood area and MR. LUX felt that 10% was a little steep - he stated that he could live with these assessments being certified with the taxes and he sold a lot before the assessments were due he would pay them in full. MR. MAGNUSON made reference to the fact that the City in the past has required 125% on each lot so that the City can get a little ahead of the bond payments and did not know if that would be required in this instance and the Council felt that this was done because of the size of the development and they were not sure that they were all going to be sold. MR. ELLIOTT stated that there were other requirements that Mr. Thompson had to agree to such as plant boulevard trees, put up the street signs, sod the boulevards - these were items that were not in the City's contract and they constructed the streets as well. In this project he felt that the streets could be under the City's contract and if they want boulevard trees that could be a part of the street contract. MR. ELLIOTT stated there will be no storm sewer in the improvement but at some future date there could be some storm sewer in the area and this area would then be included in that assessment and he wanted this noted in the records. The Mayor closed the hearing. On motion of Councilman Powell, seconded by Councilman Roger Peterson, a resolution was inrroduced "ORDERING THE IMPROVEMENTS FOR THE COOPER ADDITION AND THAT THE CITY ATTORNEY AND THE CITY ENGINEER ARE TO PUT DOWN IN AN AGREEMENT THE CONDITIONS OF THE IMPROVEMENT AND THE ASSESSMENTS ". AYES -- Councilwoman Bodlovick, Councilmen Roger Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) THE MAYOR DECLARED A RECESS FROM 8:35 to 8:50 P. M. UNFINISHED BUSINESS_ 1. Mr. Shelton was directed to paint and mark the crosswalks at the intersection of South Fourth and Myrtle Streets as petitioned for at a previous meeting. 2. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council deferred the second reading of the Taxi -Cab Licensing Ordinance until the next regular meeting as recommended by the City Attorney. (all in favor) 3. Mr. Elliott explained the proposed trunk watermain extension from the inter- section of Curve Crest Road running northerly on Washington Avenue to Orleans, then west on Orleans and unplatted property to County Road No. 5 along the east ditch and connect to the existing watermain at Croixwood Boulevard. They have estimated the cost of the watermain, part of which follows County right -of -ways, and there would have to be easements acquired across the Croix - gateproperty and if the project were to go ahead that the full street and easement for street and utilities be acquired at this time so that they would start to shape up the platting of the area- there is a Tom Thumb Store in a nearby location and there is a half platted street and it would be desirable to get the other half at this time. 279. • • • • • 1 • • (280 May 8, 1979 He stated that some communities have an ordinance or regulation that if an easement is purchased from someone and if that land is ultimately platted they must repay the City the cost of the purchasing of an easement - so if the other half of the street is acquired at this time and this land was ultimately platted - this would be a good move for the Council to consider. He did feel that the full easements should be acquired if the project moves ahead because it would be necessary to at least rough grade the streets pior to installing watermains and be assured that is is at tue proper deapth. There are about 50 acres that would be benefited by the project and again we are dealing with some Township properties - a very small parcel is within the Township (2.3 acres); the estimated cost per acre is $3,250 which is somewhat higher than the first improvement or the second improvement for the Industrial Park. It is higher because it is a 16 inch main and the other mains are 12 and 16. The water is of little use to the abutting land unless sewer is also available and he was just responding to the Water Board's request for a study on how they could get a connection to the tank and what would be involved in the matter of costs. The cost of the 16 inch trunk watermain is estimated to be $163,000 and the 12 inch line would be $125,600. Discussion was held on the oversizing of the watermain - anything over a 12 inch - wells and elevated tanks whether or not those are, should not be con- sidered core facilities and those costs be picked up in the future by a connection charge to the watermain which is done by many communities and he did meet with Nile and Mr. Langness, Ann and David and they discussed that and with the same question in respect to sewers because of the Reliance question - the work has been petitioned for and the Water Board has asked him to study it and the project could be inititated by the Council. OSCAR KERN stated that they are really more or less against this improvement of tai waterlines unless the sewer and streets could be put in - it would not be any good to them - it seems rather an injustice to run a 16 inch line there. MR. ELLIOTT stated that the current status of the Croixgate property is not certain - he has had no contact with them for sometime - it ss possible to put this treat in - this entire Industrial Park can be served by the sewer that goes down to the trunkline and go to the east - there is a limited portion of a sewer line of about 200 feet. COUNCILMAN POWELL asked if this were put in would Croixwood get their water from this new that the old which asked locat d in would Cmixwoodtwas the designed one so that additional stages onal stages can be added so both wells would be on higher pressures and the system would be basically cut off and isolated as a third zone, but there would be one point in the system where there would be a pressure reducing valve which would allow in the case of an emergency if the well in the lower zone failed, these wells could feed down and feed into the second lower zone. It would also permit the painting of the base tank that has not been painted since it was built some 19 years ago and when this connection is made the Water Board is anxious to do this year - this is the first opportunity to have this tank serve the whole of the City - there are a lot things connected with this. Inasmuch as there is a matter of sewers and streets did come up and if the Council did move to a hearing based on the request here this evening, he did not have an estimate on the street or the sewer for this area - that would be something if and pursue e e would was water Tom improvement. ThumbDevelopment. ISO • • Powers L they were L wondering t if this last would be available - theyt the areplann- d. ing to dig their own well and have an on -site system, but that they would rather have the water. A question was raised about the street easement and MR. ELLIOTT stated that they did not have the easement for the balance of the street and they do not plan on a full width street. A further question was asked about the street which would (.- serve future developments and he stated th't if the City acquires easements in advance and pays for them, but in the case of a plat they are given or dedicated - this is the Benson farm and he doubted what would happen there - there is another 33 feet of right -of -way necessary on the north side. COUNCILMAN POWELL felt that if anyone to the north were interested in developing they would deed that land to the City so that a street could be put in - it would be to their advantage to do that. MR. ELLIOTT stated that in some communities they have the requirement that if you buy the land through an acquisition that if that is developed within a twenty year period they must pay that money back when it is platted. He felt that was a fair situation rather than acquiring it and paying for it while others have to dedicate it. MAYOR JUNKER asked if it would be better to acquire the land and put in the streets and MR. ELLIOTT stated that we should estimate the cost of the sewer and the road and the easements and then the Council consider a hearing and get the other — property owners in and find out what they feel about this improvement because there • • • • • I n May 8, 1979 are very few owners that would be involved - Croixgate - Emerson and he did not feel that it would touch on the Benson property. The watermain could be considered as a part of that hearing and Emerson would be in here to express his concerns. COUNCILMAN ROGER PETERSON asked if this project was not completed this year, if there was a way to pump air into that tank to prevent it from freezing and MR. ELLIOTT stated there are several means - no sure way that they can find that other communities have developed - they could continue to service the areas just off of the City system and keep it at a low pressure - there is a need for the higher pressure up here being that it is Commercial property - most of the businesses that are going in are considering sprinkler systems. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, a resolution was introduced "ORDERING A FEASIBILITY STUDY FOR SEWER AND STREET IMPRONTS OF THE NORTHERN PORTION OF THE STILLWATER INDUSTRIAL PARK AND ABUTTING PROPERTIES ". AYES -- Councilwoman Bodlovick, Councilmen Roger Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 4. On motion of Councilman Powell, seconded by Councilman Roger Peterson, the Mayor and the City Clerk were authorized to sign the Fire Protection Contracts with May, Grant and Stillwater Townships. (all in favor) NEW BUSINESS 1. On motion of Councilman Roger Peterson, seconded by Councilman Powell, the date of May 22, 1979 at 7:30 P. M. was set for the following public hearings: Case No. 354 - Guy Dilts, etal - divide property at 516 West Myrtle Street for single family homes - variance Case No. 355 - Frank and Kathleen Rauch sideyard variance for property at 423 North Owens Case No. 356 - New Stillwater Project, Ltd., - Special Use Permit for an efficiency apartment in a cmmercial zone at 423 South Main Street (all in favor) 2. On motion of Councilman Powell, seconded by Councilman Roger Peterson, the date of May 16, 1979 at 6:00 P. M. was set for the time to interview the applicants for the two vacancies in the Public Works and Park Departments. (all in favor) (Due to a conflict the time was changed to start the interviews at 7:00 P. M. and allow 10 minutes for each of the nine selected applicants) 3. On motion of Councilwoman Bodlovick, seconded by Councilman Roger Peterson a Beer Permit was granted to Borden Excavating for a Softball Tournament at the Lily Lake Park for July 27, 28, 29, 1979. (all in favor) 4. COMMUNITY SERVICE OFFICER - PUblic Safety Director, Wallace L. Abrahamson, sent a memo to the City Council requesting the hiring of the number one candidate in the recent state police examination, Cheryl Ann Ellefson as a Community Service Officer to be a walking patrol officer in downtown Stillwater. The Public Safety Committee recommended that she be hired on a six months' probationery period. COUNCILMAN ROGER PETERSON asked why between Officer Beberg and Bob Conley they are not able to handle the writing of tickets and even the retailers feel the program is being handled very well - what is wrong with what is being done now? COUNCILMAN POWELL felt that they are doing an excellent job, but that is as far as it goes - we are not talking about meters - we are talking about traffic control - we are talking about pedestrian control and there is nobody down there in the afternoons at 4:30 that is stopping cars and allowing the pedestrians to cross the streets and those are the ctitical periods for the regulation of traffic. CHIEF ABRAHAMSON stated that they had two heart cases and another emergency at the Mount Vernon Apartments - two officers were on duty and he needed three at that time and Beberg was two blocks from his squad car when they received the call for the heart case. He felt that Sgt. Beberg is more important out in the squad answering calls and this woman would be doing the job that he is doing plus other jobs downtown - she is very capable - she is a college graduate. COUJCILMAN ROGER PETERSON asked if this was budgeted for and CHIEF ABRAHAMSON stated that he could hold his budget as presented and make it for at least four months if she is hired in June. 281. e 9 • e • r • 282 May 8, 1979 COUNCILMAN ROGER PETERSON stated then he would be three months short - have talked before of having a uniformed cop downtown - been talked about year after year and they agreed to do it, not only patroling the metero, but the other things that have been talked about - he felt that we could do with the personnel that we have - the meters are being taken care of - another thing was that every officer was going to walk two hours. CHIEF ABRAHAMSON stated that if you check the case load, he felt that it is becoming a problem - this would cut the wages in about half as to what it costs for Sgt. Beberg to be downtown - felt it was necessary with vacation times coming up from now until Christmas. COUNCILMAN ROGET PETERSON felt that the Police Reserves could be used and CHIEF ABRAHAMSON stated that last Saturday he called every man on the Reserves to work and he did not get a one - nobody showed up to drive squad on Saturday nite from the Reserves and that is because the pay is $3.75 per hour. COUNCILWOMAN BODLOVICR indicated the interest has gone right down the drain. CHIEF ABRAHAMSON stated that they are working at other jobs and that comes number one - he has about five that are willing to work and he sent a memo to the rest. COUNCILMAN POWELL moved to introduced a resolution "HIRING A COMMUNITY SERVICE OFFICER TO PATROL THE STREETS DOWNTOWN AT VARIOUS TIMES" COUNCILWOMAN BODLOVICR asked Councilman Powell how he expected to balance the budget if they do not have enough money to pay this individual and she is being hired for a six month probationery period - can't get rid of her at the end of four months - there won't be the money there to pay for it - go to deficit spending? COUNCILMAN POWELL stated that if that is the only time that the City ever considers deficit spending, then he would say let's not hire her - but it is not - we do it all the time. COUNCILMAN ROGER PETERSON stated that they indicated this year again that they were going to hold the line on the budget - those who wanted things in the budget were to put them in because there was going to be no variation from the budget - this is $2,700 and then there would be $15,000 for the next year with the benefits. MAYOR JUNEER stated that they have to consider whether or not they are short of policemen and next year they would have to budget for another policeman. COUNCILMAN ROGER PETERSON asked if there is another solution in opposition to this plan - he felt that work schedules can be worked out and questioned why we need a Community Service Officer in downtown at 9:30 in the morning. CHIEF ABRAHAMSON stated they are currently doing that with a sergeant who should be out on the patrol. COUNCILMAN ROGER PETERSON questioned the number of tickets that are being written downtown - a month ago it was 100“ and currently it is about 50 per day - what is he going to be writing a month from now when the violation goes up to $2.00. (COUNCILMAN POWELL'S motion died for the lack of a second) MAYOR JUNRER stated that the matter has been tabled. 5. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, a resolution was introduced REQUESTING THE METROPOLITAN COUNCIL HRA TO APPLY FOR REHABILITATION GRANT FUNDS FOR THE CITY OF STILLWATER ". AYES -- Councilwoman Bodlovick, Councilman R. Peterson, Powell and Mayor Junker NAYS..-None (see resolutions) 6. On motion of Councilwoman Bodlovick, seconded by Councilman Roger Peterson, a resolution was introduced "EMPLOYING PATRICIA GILL AS SECRETARY FOR THE PLANNING COMMISSION AS OF APRIL 16, 1979 AT THE RATE OF $4.50 PER HOUR ". AYES -- Councilwoman Bodlovick, Councilman R. Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 7. On motion of Councilman Powell, seconded by Councilman Roger Peterson, a resolution was introduced "DIRECTING THE PAYMENT OF THE BILLS ". AYES -- Councilwoman Bodlovick, Councilmen R. Peterson, Powell and Mayor Junker NAYS- -None (see resolutions) r L • • • • • 1 3 • May 8, 1979 INDIVIDUALS AND DELEGATIONS (continued) 1. JAMES JUNKER, JUNRER SANITATION, appeared before the City Council regarding his proposal for the Dump Box Service betnd City Hall. The first proposal was to have him take every thing on the route at a cost of $5.30 per month with no limit on the amount that would be taken - this went to the Solid Waste Committee and after the survey was taken, this was voted in by a 3 to 2 vote for the second proposal and upon Councilman Powell's recommendation of the study he felt that they should come up with a different proposal. The new proposal is that Dunker Sanitation will furnish and maintain all necessary equipment and manpower to be used at the location behind City Hall for collection of waste. The cost will be $3.75 per yard, with a minimum charge of $3.75 per vehicle. Appliances will be $3.75 each. Monies will be collected by Junker Sanitation personnel as vehicles enter the dumping area. Houses will be from 8:00 A. M. until 4:30 P. M. on Fridays and Saturdays, with said gate to be locked after each day; in case circumstances arise which necessitate Junker Sanitation leaving the boxes set from Friday until Satur- day. Saturday after 4:30 P. M. all boxes will be removed. For the above considerations, we will need electrity and we will also be erecting a small building to be maintained by us. For this process to run smoothly, we must have exclusive control and we will expect complete police cooperation (absolutely no pickers allowed). This system will be on a trial basis for approximately six months, to be extended by agreement of both parties. Arrangements for winter hours will be discussed at the end of the six month trial period. COUNCILMAN POWELL felt that it sounded like an excellent idea - at the last meeting they moved to allow the dump boxes to be raised to $80.00 for this period and in felt that it would be good if Jim would submit his proposal in writing and get copies of it and by the next meeting they could study it - work it out on a trial basis long enough so that Jim feels and the Council feels that is is a workable solution or it is unworkable solution - as long as they have the rest of the month to work on it, they should not decide this evening. He felt that it agrees with the results of the questionnaire and he felt that was importand nd was pleased with the recommendation that was presented. The rest of the Council concurred that this sounded like a good proposal, and the details can be worked out later - the person who uses it pays for it. MR. KRIESEL asked Jim what he would charge the City for Drop Boxes and Jim suggested that he would put a big container up by the garage (an eight yarder) for the use of the refuse from the Parks and other City owned property. MR. JUNKER felt that the Dog Pound could use the same container. He will include this price in his proposal also. APPLICATIONS On motion of Councilman Roger Peterson, seconded by Councilman Powell, the following Contractor's Licenses were approved: (all in favor) James Borden General - Tree Trimmers P. O. Box 4, Stillwater Excavating Renewal Haugland Insulation, Inc. 167 James Ave. N., Minneapolis, 55405 Insulation Renewal Lux Homes, Inc. 617 Lake Drive, Stillwater General New William L. Rick dba Rick Plastering 3734 Auger St., White Bear Lake 55110 Plastering, etc. New Eiklenborg & Schleueter Construction R. N1, Box 57 -A, Osceola, Wisconsin 54020 Masonry & Brick Work New - -- On motion of Councilman Powell, seconded by Councilman Roger Peterson, the following Cigarette License was approved: (all in favor) Martin Anderson - Someplace Else 224 South Main Street, Stillwater Transfer COMMUNICATIONS From the Metro Council regarding disbursement of Local Planning Assistance Funds and the enclosure of a check in the amount of $3,624.00. (no act.,in) 283 • • • • • • I - a Ifl 284 May 8, 1979 CITY CLERK'S REPORT 1. On motion of Councilwoman Bodlovick, seconded by Councilman Powell, the Excavator's Bond in the amount of $5,000.00 for James Borden dba James Borden Excavation., Stillwater, Minnesota was approved. (all in favor) 2. On motion of Councilwoman Bodlovick, seconded by Councilman Roger Peterson, a Beer Permit was granted to St. Michael's Parish for Pioneer Park for Sunday, June 3, 1979 from 1:00 P. M. to 6:00 P. M. (all in favor) CITY COORDINATOR'S REPORT 1. MR. KRIESEL had sent a memo to the Council members regarding the Shade Tree Program and at this time was concerned about the action that was taken at the last meeting. MR. MAGNUSON stated that the City should rebid this matter and that Nile and Jack should get together and prepare the specs as he felt that the unit pricing used in the previous specs was misleading and felt that it should be bid on an inch basis. Discussion was held on how this should be bid and Mr. Shelton and Mr. Kriesel and Mr. Magnuson will work on this matter and come up with something that can be submitted to the bidders. On motion of Councilman Powell, seconded by Councilman Roger Peterson, the Clerk was directed to advertise for bids for the "REMOVAL OF THE DISEASED ELM TREES, SAID BIDS TO BE RETURNABLE ON MONDAY, May 21, 1979 at 4:00 P. M. (ALL IN FAVOR) 2. MR. KRIESEL informed the Council that Mr. Thueson had called about their sewer billing since their air conditioning unit was left on and it ran through about 1,712,000 gallons of water and they normally use 309,000 and they are requesting some kind of a break on it. The total bill came to $645.00 and their.normal bill is about $265 00. This was for a previous billing - not the last quarter - and it was felt that the City should get the cost back for the treating of this water that goes through the sewage plant. MR. KRIESEL stated that the difference would be $126.00 and then in January, 1977 the City overcharged them $240.00. On motion of Councilman Powell, seconded by Councilman Roger Peterson, the Coi'ncil authorized a credit of $366.00 to Hooley s Supermarket on their sewer billing to offset part of the overage on their recent billing. (all in favor) CONSULTING ENGINEER'S REPORT 1. MR. ELLIOTT informed the Council regarding the watermain on Nightingale Blvd. and in the past we have been dealing with four owners and now there is a fifth property owner that contemplates buying a lot here and he wants the water and he questioned if the Township had handled this in the proper manner. MR. MAGNUSON stated that he had talked to the Township Clerk and on the 9th of November they held an improvement hearing and hopefull: this improvement would be ordered in this evening since it is now six months since the date of the hearing and if they do then everybody could be assessed. It was agreed to proceed with the improvement and MR. MAGNUSON stated that they could assess everybody there rather than have a signed agreement. On motion of Councilman Powell, seconded by Councilman Roger Peterson, a resolution was introduced "ORDERING THE WATERMAIN IMPROVEMENT FOR NIGHTIN- GALE BLVD. AND THAT ALL BENEFITED PROPERTY OWNERS WOULD BE ASSESSED FOR THIS IMPROVEMENT ". (Local Improvement No. 160). AYES -- Councilwoman Eodlovick, Councilmen R. Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 2. Discussion was held on the proposed improvements for the Reliance Development, Local Improvement No. 151 and questions were raised as to who should pay for the cost of the Lift Station - have it in the agreement that the developer would pay for the lift station costs and if at some time in the future the Township residents receive a benefit that they will repay the City "x" number of dollars which the City will then return to the developer and that should save a lot of problems with the Township people. Mr. Elliott explained the location and size of this lift station which could potentially also serve the Johnson property which is proposed to be annexed to the City. There is more than a lift station involved - there is a 27 inch pipe that should go in this area instead of a 15 and how could the City ask Dave Johnson to pay for this and in the year 2050 when the line gets all the way she gets his last dollar back and he will tell the City to jump in the lake. MN k sal • 9 • • • 1 of • 0 May 8, 1979 COUNCILMAN ROGER PETERSON felt that if a developer understands this at the time he was digging the first hole and selling his first lot, this is a part of the cost of the development and that will be passed on - he would have to have a 12 inch line in there for his area and he asked what the difference was in between a 12 and 15 and a 27 and Mr. Elliott was not sure of the total cost figures involved. Stillwater Township is to make a decision on their involvement in this project on Thursday evening, May 10th. COMMITTEE REPORTS PUBLIC SAFETY 1. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, a resolution was introduced "EMPLOYING JAY K[WBLE AS A VOLUNTEER FIREMAN ON A SIX MONTH'S PROBATIONERY PERIOD AS OF MAY 1, 1979 ". AYES- - Councilwoman Bodlovick, Councilmen Roger Peterson, Powell and Mayor Junket NAYS - -None (see resolutions) 2. Mr. Abrahamson reported to the Council that the Fire Chief believes there is a need for a new fire pumper and he will be securing quotes or bids which will be put into the budget for next year. 3. COUNCILMAN POWELL made a motion that in the event that we accept Junker Sanitation's proposal for the Dump Boxes that we transfer $3,000 from the Solid Waste Fund to hire a Community Service Officer. (There was no second to the motion and Councilman Roger Peterson felt that this motion was premature) PUBLIC WORKS 1. On motion of Councilman Roger Peterson, seconded by Councilman Powell, the Consulting Engineer was authorized prepare the specifications to advertise for bids for the matting of State Aid Streets including Rainbow Court which is not a State Aid Street but which is veing petitioned for matting of same. (all in favor) 2. Discussion was held on the rental of the Jet Rodder and Mr. Shelton will check out the going rate and come back with a proposal. 3. Mr. Shelton reported to the Council some information which he received from a party who could do stripping of crosswalks and the painting of curbs and he was not certain of the costs and will check it out and report back to the Council. PARKS AND RECREATION 1. MR. BLEKUM inquired what the Council's wishes are for the removal of the trees on the south end of Pioneer Park wereand it was brought out they are blocking the view of some of the residents on North Second Street - the people would come in and cut up the trees for the wood. MR. MAGNUSON stated that they would be volunteers, they would not be employees, but the City would not be protected from being used if someone was hurt in the process. MAYOR JUNKER asked Mr. Blekum if he could find somone who is qualified to take down trees to take them for the wood - with a little experience - it is rather steep and someone could get killed. MR. BLEKUM stated that the City would fell the trees and the volunteers would cut up the wood, but there was the problem of damaging property. The Council did not feel that we should get involved in it and the City Attorney felt it does have a certain amount of risk - if somone was hurt badly they could claim that he was an employee - there would be a question if he was doing it for a consideration - could have all sorts of waivers and we could still get into trouble. MR. BLEKUM stated that they should come down some day, but did not feel that it is urgent. live around felt not to benefit who park. MR. BLEKUM asked that the Mayor explain this to Councilman Harry Peterson. 285 • • • • 1 1 j • 286 May 8, 1:79 2. MR. BLEKUM brought up again the planting of the trees by the park in Croixwood which were authorized at the last meeting up to a cost of $250.00 and upon checking the cost of the spruce trees would be $500.00. He informed the Council that there is $750.00 in the shade tree fund and asked if he should use this money to correct this problem. COUNCILMAN ROGER PETERSON did not feel that we should use this money for this purpose. COUNCILMAN POWELL Has been wathing the problem and has yet to see a ball get to this man's garage, and he felt that if small trees were put up they would not last as the kids would run into them. MR. BLEKUM explained the trees would be put on the property line so that the party could state that the kids were on his property. MAYOR JUNKER directed that Mr. Blekum plant as many trees as he can for the $250.00 starting at the garage and go back toward Councilman Powell's property and if that does not satisfy him, then he will have to come to the City Council. 3. MR. e the Council on the originally removal of it the snow each the at the cost of the gas used they stopped that. Then he got the CETA help and they would wheel the snow out the back door and get it out of the way - this was done at least once a day and more often on the weekends. The last couple of months this season they had no place to dump it because the space outside was filled up and the Public Works Department loader because of hen could heavyworkload. o v the n away with In addition tothatheneededthehelp for other things and they again had to melt it down and the gas bill was over $1,000 per month. He requested that the Council allow him to purchase a small tractor like the one that he uses for mowing (John Deere) and get a bucket on it and then the man on duty can get the snow out of the arena and get it outside and then there would be room enough for the whole season. There is $2,000 in the budget for this, but now the quotes indicated that the cost will be $3,000. MAYOR JUNKER stated that if we purchase it in November and then pay for it in January and then the other thousand dollars could be budgeted in 1980 and Mr. Blekum was agreeable to this MR. MAGNUSON stated that the $2,000 could be paid at the time of the purchase and then there would have to be an agreement that there would be no finance charges on the balance when it is paid next year. ADMINISTRATIVE COMMITTEE No report CITY ATTORNEY'S REPORT 1. MR. MAGNUSON referred to the JOINT RESOLUTION prepared by Stillwater Township - it calls for among other things our request to the Municipal Board continue without further hearing or decision, the Johnson petition for annexation and that we will not aecept any new petitions for at least six months and that the Chairperson of the Town and the Mayor of the City will meet and set the definite schedule of at least six special joint meetings to be held during the next six month period, where the parties will attempt to negotiate an agreement to the comprehensive planning of the area between Highway 36, County Road 15 and Highway 96. He felt thst it was a good idea, but there are two items that he requested be stricken from it. Page 1, Item No. 4 - The City of Stillwater and Town of Stillwater have previously entered into and are still controlled by a Joint Powers Agreement which involves the joint administration of land use control of a small portion of the contiguous lands and which prohibits annexation of any other land not covered by the Joint Powers Agreement: Page 1,Bbttom of the page - No. 1 - That the City and Town will request the Minnesota Municipal Board to continue without further hearing or decision any pending annexation petition affecting the parties hereto for a period of at least six months. MAYOR JUNKER stated that the meeting of May 16th is still on at the Washington County Courthouse - they will recess the Johnson Annexation, but that they will have a discussion with Stillwater Township on the matter, and requested that the Council attend if possible. •ta • a • • st • • 0 r 0 6 MR. MAGNUSON butted that the hraring on the 16th will be confined to the jurisdical question where the Joint Powers Agreement prohibits us from accepting the Johnson petition without the consent of the Township - there will just be evidence on that issue - Mr. Johnson still wants to go to the hearing on the 16th and argue that he is not bound by it. COUNCILMAN ROGER PETERSON stated that at the time that the Joint Powers Agree- ment was entered into - the Council did not foresee the Johnson annexation- did not see any annexation to the northwhatsoever - and truthfully felt that the annexation would take place all along Hwy. 212 and no other place - that is basically - felt that we are not bound by it. MAYOR JUNKER felt that they should not let the Joint Powers affect the Johnson petition - let the Joint Powers take the property along the highway - the City did not go and ask David Johnson to petition to annex to Stillwater - he did it on his own and felt that the City did not have the right to stop him from doing that. COUNCILMAN POWELL stated that in the Joint Powers Agreement it does state that we will not accept a petition unless Stillwater Township agrees on it and that is what the City has done, but if they should not agree - he felt that the City is bound by that agreement. MAYOR JUNKER stated that if Stillwater Township does not want Dave Johnson to be annexed to the City of Stillwater that we should not take him - if they agree to it, then he felt we should not let Joint Powers stand in the way of accepting it. COUNCILWOMAN BODLOVICK stated that it is agreed that the Joint Powers would not stand in the way - that is the way it is - COUNCILMAN POWELL stated that this should be a good thing for both communities - this is the way it should go. COUNCILMAN ROGER PETERSON stated that at the time the Joint Powers was entered into everyone including the Township felt that all development, at least within the ten year period, would take place on Highway 212 or in that area and the Township nor the City expected an annexation, especially of this size, from the north - if this would have been mentioned at that time, it would have been considered absolutely foolish. COUNCILMAN POWELL felt that we are bound by it and COUNCILMAN ROGER PETERSON did not feel that we are bound by it and neither did MAYOR JUNKER. MR. MAGNUSON stated that the question is, "Are we bound to honor that if we do not have their consent?" We would aruge that we are not bound by it because we do not have the right to bind a fellow like Johnson - we can argue that it was not contemplated by us when the agreement was made, therefore, it is really void as to that kind of a development. MAYOR JUNKER asked Mr. Elliott if the Johnson annexation is one of a kind that will ever be offered to a City. COUNCILWOMAN BODLOVICK felt that we do honor the agreement and she agreed that the City did not know that the Johnson property was coning in and she felt that is why this type of agreement should be updated from time to time. MR. MAGNUSON stated that we could say that we feel that we are bound and give the reasons why we feel that we shouldn't be and the Council was agreeable to this. APPROVAL OF MINUTES On motion of Councilman Powell, seconded by Councilwoman Bodlovick, minutes of the following meetings were approved: (all in favor) April 9, 1979 April 10, 1979 April 12, 1979 April 18, 1979 April 18, 1979 April 24, 1979 April 26, 1979 May 8, 1979 Special Meeting - Bid Opening Regular Meeting Recessed Meeting Special Meeting Special Meeting Regular Meeting Recessed Meeting 7:00 P. M. 7:30 P. M. 6:40 P. M. 7:00 P. M. 8:45 P. M. 7:30 P. M. 8:00 P. M. 287 • • • • 288 None • QUESTIONS FROM PRESS REPRESENTATIVES ORDINANCES None RESOLUTIONS * Repassed May 24, 1979 ** Repassed June 12, 1979 *** Repassed Attest: q9 /2 dt6..ant -- - ity Clerk May 8, 1979 COUNCIL REQUEST ITEMS 1. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, Scotty Montbriand will be taken out of the Public Works Department and will work at the Public Library/ for four hours each day and then he would go with Mr. Slake in the Building Inspection Department or any other department that needs his assistance and within that three month period that he furnish the City with a doctor's statement on his back and hip problems, said appointment is effective May 10, 1979. (all in favor) 2. There is a drainage and traffic problem on Fifth Avenue South and there is a need for a new culvert going down the hill toward Peter Furseth - this culvert will not take all of the water when there is a heavy rain. If the pipe is move too far forward it will go down into the Quarry property and it will create other problems and Mr. Shelton was asked to check this out. (Mrs. Burt Jones had filed the complaint) 3. On motion of Councilman Roger Peterson, seconded by Councilman Powell, the June 12th meeting date was changed to June 5th due to a conflict. (all in favor) The following resolutions were read and on roll call were unanimously adopted: 1. Directing the Payment of the Bills. 2. Home Improvement Grant Program 3. Employing Planning Commission Secretary - Patricia Gill **4. Ordering Improvement - Local Improvement No. 152 - Cooper's Addition *5. Approving the Plans for County Road No. 66 - South Greeley Street *6. No Parking on South Greeley Street (South of Orleans Street to the Highway) 7. Employ Kay Kimble as a Volunteer Fireman 8. Order Feasibility Study for Sewer and Streets (Northera part of the Stillwater Industrial Park) ***9. Order Local Improvement No. 160 - Watermain Nightingale Blvd. ADJOURNMENT - On motion of Councilman Powell, seconded by Councilman Roger eterson, the meeting adjourned at 10:45 P. M. • 7 0 • • • •