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HomeMy WebLinkAbout1979-08-08 CC MIN7360 1 • • COUNCIL CHAMBERS Stillwater, Mn. August 8, 1979 6:30 P. M. OM Mayor reconvened the meeting at 6:30 P. M. Present: Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson, Powell and Mayor Junker Absent: None Alos Present: City Finance Director /Coordinator, Kriesel; City Attorney, Magnuson; City Clerk, Schnell; Superintendent of Public Works, Shelton; Director of Parks & Recreation, Blekum; Consulting Engineer, Elliott; Board of Water Commissioners, McKean and McKnight; Fire Department, Chial, Barthol, Colemier Press: Stillwater Gazette - Bob Liberty Citizens: Oscar Kern, Jim Torseth, Bill Pauley, Mr. & Mrs. Steven Roettger CONTINUATION OF THE PUBLIC HEARING ON LOCAL IMPROVEMENT NO. 173 MR. TERN stated that they were given some figures on what their share of the improve- ments would be and it would be more than three - fourths of the entire project - they have decided as far as they are concerned they would just as soon do nothing. MR. ELLIOTT stated that the reason that their share is so great too is because they are benefited by the sewer construction while a larger area involving Emerson and Croixgate are involved in the watermain construction - the watermain construction involves about half of the cost of the project and it is true chat their share if rather substantial - Mr. Pauley had stopped his office and he explained to him the various areas that would be benefited and the cost per acre - $188,000 out of $257,000 which is estimated. COUNCILMAN POWELL asked if it was not imperative that this loop is run around - won't it be detrimental to the system if it is not done. MR. ELLIOTT stated that it is an absolute ultimate need and there is a concern on the Board of Water Commissioners and the Council that the half million tank in its permanent location and the current usage in that area is about 125,000 gallons per day for those businesses along County 66 and the Cub Store and the Bank that are located in the commercial part - that would be about 20% of the tank volume and this turnover of water in the winter time could be sufficient. The tank will ultimately serve a tremendously large area way to the north for the Reliance property and a half mile north of that - it will serve as far west as County 15 - it is necessary and highly desirable to have the feeder main constructed this year - there is one option - the tank level can be held very, very low, but that would be defeating a purpose within a commercial and industrial area do not have the volume storage there - he did not feel that the Fire Underwriters would approve of that action, but if it would mean saving tanks from freezing in the winter- time that is one option that would be available. The Commercial - Industrial area beneifts to a great degree by the tank and that feeder - the residential fire rates not affected greatly by having the fine Fire Department that the City has the Commercial rates are reduced substantially because there is the availability of water, the pressure in the mains the Fire and Communication Systems that the City has - the beneficiary of this are the Commercial and Industrial businesses in that area - he would like to see them go in there this fall. There are a couple of other optsons (1) holding the tank low, but would be defeating the purpose of having the storage available for fire protection; (2) take a look at isolating portions of the system north of Lily Lake by closing a lot of valves and try to get greater usage from that tank. COUNCILMAN POWELL asked about the ordinance that could be passed to relieve the problem of the right -of -way on West Orleans and if the Council were to have the first reading of such an ordinance this evening and then in two weeks have the second reading, would that then be effective or a legitimate ordinance to govern the acquisiton of the right- cfway? MR. MAGNUSON stated that type of an ordinance should be studied - he did not feel that they should rush off and do that - he did not feel that the Council had to face that problem until the assessments are spread - the City would have to purchase the land then could make the rebate at the time that the land is developed and he also made mention of the WAC charge which could also be used in this project. ■ O a • • • • • • r August 8, 1979 COUNCILMAN ROGER PETERSON felt that this was worthwhile thing to study and that the City Attorney come back at the next regular meeting with some sort of a recommendation or outline of such an ordinance. The Mayor closed the hearing. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the City Attorney was directed to study the drafting of an ordinance regarding the easements and report back to the Council at the next regular meeting. (all in favor) On resolution Councilwoman Bodlovick, SPECIFICATIONS FOR LOCAL IMPROVEMENT NO. 173. AYES -- Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) UNFINISHED BUSINESS 1. Mr. Magnuson requested that the Council wait to adopt the ordinance for the Flood Zone since the cost would be about $500 and if they wait to adopt it with the condification. There is a moratorium until September 15, 1979 and if there is a request to build, the Council can grant a variance. (no action) Mr. Magnuson will notify the HUD office in Chicago regarding this matter. NEW BUSINESS 1. On motion of he Claim f Councilman was directed d directed c tobe referred to Harry totheCity's [ Insurance Company. (all in favor) 2. Mr. Kriesel stated that he wrote a letter to the Burlington Northern regarding the lease agreement for the parking and asking them what the purchase price would be for this property - he told them that the City would not sign the agree- ment which is indefinite - the current rent has been $1,500 and it would increase to $2,100. COUNCILMAN ROGER PETERSON stated that this is a 40% increase in the rent which is far above what Carter expects people to do especially those dealing with government contracts. (no action taken at this time) 3. from motion WayneoHerruf orlannerrorrinewaternandesewerdstub ins Councilman wa referred t tithe City Attorney, and the Water Department for their study and recommendation and report back at the next regular Council meeting. (all in favor) 4. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council felt that they had no responsiblity for the claim submitted by Mike Peterson for damage to his car while attending a ball game at Lily Lake Park and that Mr. Peterson be advised of this. (all in favor) p• 5. On motion of Councilman Harry Peterson, seconded by Councilwoman Bodlovick, the Council reconsidered their action of last evening for a 3.2 beer permit in Lowell Park and approved the beer permit for Rick Schneider for August 9, 1979 from 6:00 to 7:30 P. M. and 10:00 to 11:00 P. M. and that there will be no dispensing of drinks after departure from the boat. (all in favor) 6. On motion of Councilman Powell, seconded by Councilman Harry Peterson, a 3.2 Beer Permit was g r an ted 9 they Girls SoftballlTournament) for Lily Lake Park ent for September 7, 7. On motion of Councilwoman Bodlovick, seconded by Councilman Harry Peterson, the Council granted a 3.2 Beer Permit to St. Mary's Wild Rice Festival for September 9, 1979 from 11:00 A. M. alt 6:00 P. M. on their parish grounds on South Fifth Street. INDIVIDUALS & DELEGATIONS STEVEN ROETTGER, 201 West Olive Street, appeared before the City Council regarding the release and discharge of claims for the sewer problems on his property and state that he would not sign such a release. take same directed recommend to Shelton Council what Elliott should beadone the tor the problem. 361 • • • • • ( • 362 • APPLICATIONS On motion of Councilman Roger Peterson, seconded by Councilman Harry Peterson, the following Contractor's Licenses were granted: (all in favor) Louis Brochman 310 Maple Street, Box 203, Stillwater Blacktopping Larry Christiansen dba C & B Excavating 6115 Quality Trail No., Scandia 55073 Excavators Thomas Finn Co. Roofing 370 Dayton Ave., St. Paul 55102 g Midwest Roofing 914 University Avenue, St. Paul 55104 Roofing COMMUNICATIONS None August 8, 1979 Renewal New Renewal New CITY CLERK'S REPORT 1. beeropermitfwas Councilwoman t Bodlovick, Stasny, 1053 seconded Western Councilman Avenue,Harry 3.2 St. Paul, Minnesota for Pioneer Park for Sunday, August 12, 1979 from Noon to 7:00 P.M. for a group of bicyclers. (all in favor) CITY COORDINATOR'S REPORT 1 rresolutionowasointroduced Roger MPLOYING JESSE seconded SNELSON BUILDING OFFICIAL Bodlovick, FOR A SIX MONTH'S PROBATIONERY PERIOD FOR A SALARY OF $17,000, EFFECTIVE AUGUST 13, 1979" AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 2. On motion of Councilwoman Bodlovick, seconded by Councilman Powell, that the City should send a letter to the DNR supporting the application for a permit to work in public works by David S. Johnson for his new development, as recommended by Mr. Elliott. (all in favor) 3. Mr. Kriesel reported to the City Council that the property that the City acquired that was acquired without cost to the City. 4. P. M. Kriesel August 21, 1979 City regarding their position. Fire Department at 6:00 position 5. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council felt that the garage being constructed at South Fourth and Willard Street should have no detrimental affect on the adjoining property owners and if he brings in a signed petition from all of the abutting neighbors that the variance would be permitted. (all in favor) (It was determ compliance the was no variance required - he was 6. Mr. Kriesel informed the City Council that the City had received a letter from St. Peters United Church of Christ regarding the Junker Sanitation - one of the garbage trucks went into that church parking lot and the driveway was damaged to some extent - the church received four bids for repa&ing the damage ranging from $900 to $3,000 and they are asking the City to bring some pressure on Junker Sanitation. He did not believe that the City should get involved with this - this is a Commercial pickup rather than a residential which is not covered under the City's contract with Junker Sanitation. COUNCILMAN ROGER PETERSON did not feel that we should turn it over to the City's insurance company. MR. MAGNUSON stated that the garbage hauler is an independent contractor and the City has no liability for this - he is required to carry his own liability insurance - in addition it is a commercial establishment and the City has no relation as to what he does in a commercial area. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, that the City Attorney be instructed to write a letter to St. Peter's United Church explaining the situation to them and telling them that we feel that this is a matter between the church and the private hauler. (all in favor) n •xn • • • • w • • A August 8, 1979 7. On motion of Councilman Roger. Peterson, seconded by Councilwoman Bodlovick, the City Finance Officer was instructed to inform the companies interested i.n furnishing health insurance for the City's employees that the City is not interested in such a review at this time. (all in favor) CONSULTING ENGINEER 1. MR. ELLIOTT explained the improvements on the Fronta ge Road for Highway 212 - the State is funding this since they are eliminating a private access right on the trunk highway which they do not want - the plans have been completed, they have been approved by the Highway Department - sometime ago the State in a Cooperative Agreement the State asked the City to pay for a small portion of Washington Avenue between the current frontage road and the new frontage road about 50 feet of roadway - the cooperative agreement is going to be in the hands of the Council within one week and he asked the Council to issue a call for bids returnable September 7th prior to the regular Council meeting on September llth, subject to the approval both by the Council and the Depart- ment of Transportment cooperative agreement. It is a $250,000 expenditure by the Highway Department - the cost to the City is going to be for the short piece of roadway which would be about $10,000. The cost that the City is involved in will be assessed back to the property - if the State were not funding this the whole of $245,000 would be assessed to the properties. This is a gift to the City and he felt that the City should call for bids on it. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the Council authorized the calling for bids receivable on Friday, September 7, 1979 at 11:00 A. M. subject to the approval both by the PO Council and the Minnesota Highway Department at a cost of $250,000 and the cost to the City of about $10,000. (all in favor) It 2. Mr. Elliott distributed to the Council the feasibility study for the 1979 Matting Program, Local Improvement No. 175. He has met with the state and all of the locations Municipal State Aid Funds can be used to do the job - this is different since before this money could only be used for total reconstruc- tion of streets. The estimates costs were Myrtle Street - $22,000; Second Street -- $11,000; Chestnut Street from Main to Third -- $11,000 and on Rainbow Court which is being included as a part of the project - $23,300. On the average this $10.23 per front foot of assessments - allowing in the residential area a sideyard credit for two lots that abut Morningside Drive, but in the Commercial area not giving sideyard credit, because it ha" not been Council policy and lot sizes are quite different, you can't give large credits for corner lots in a Commercial area. Morningside Drive should be assessed to abutting property owners; however, the City has an option when Municipal State Aid Funds are used in a project, the Council could assess all of the Municipal State Aid Streets and collect all of the money from State Aid as well - could assess the sum of the first three projects which would total $44,000 and could collect that much money from the State also. The level of assessments on this project is a Council option - just as in the Industrial Park there were street costs that were going to be $7,500 per acre - Municipal State Aid Funds were used in the total project to the extent that it lowered it to $4,300 per acre; likewise in this project as the Council opion you could say that matted streets should be assessed at $8.00 per front foot - difference could be made up with using State Aid Funds - apply the $8.00 per front foot to Rainbow Court, Chestnut, South Second and Myrtle. He did check to see if there were any current assessments and these have been paid and it is possible to assess the overlay of Myrtle Street. He requested that the Council set a hearing date for the next Council meeting on August 21st. On motion of Councilman Powell, seconded by Councilman Roger Peterson, IMO a resolution was introduced "SETTING THE HEARING DATE FOR LOCAL IMPROVEMENT NO. 175 STREET MEETING FOR AUGUST 21, 1979 at 7:30 P. M." AYES -- Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson, Powell and Mayor Junket NAYS - -None (see resolutions) Mr. Elliott stated that the improvement of Lookout Drive would be included in the bids for this project. The North Harriet Street porject should be bid along with the Greeley Street Storm sewer project. • COMMITTEE REPORTS PUBLIC WORKS 1. Mr. Shelton reported to the Council regarding a complaint from Mr. Kaske where someone knocked down a sign and felt that the party should pay for the post - the cost is $10.80 and he has insisted that Mr. Kriesel should collect the money from this party. Mr. Shelton was directed to tell Mr. Kaske that the City will take care of this matter. 363 • • • • 7 • • 364 August 8, 1979 2. Mr. Shelton reported to the Council that the City will put on the grates and guards of the problem in the ravine between Second and Fourth - Mr. Elliott has taken a look at it and has contacted someone about the money for fixing same - this was suggested by Maple Island. PARRS AND RECREATION 1. Mr. Blekum reported to the City Council that it will cost the City about $4,500 to rent sanalites for next year and he asked the Council to have Mr. Elliott look into the possibility of building some type of concrete structure - for $700.00 - Monroe Wood can get a trailer and tank for cleaning same out each morning. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, that the Recreation Department be instructed to check into some type of concrete toilet facilities. (all in favor) 2. Mr. Blekum informed the City Council that the Chamber of Commerce has reneged on flee provisions for the use of Lowell Park - the only stipulation in there is that they clean it up afterwards. On motion of Councilman Roger Peterson, seconded by Councilman Powell, Mr. Blekum was intructed to compute the time and cost of cleaning up Lowell Park and that a bill be submitted to the Chamber of Commerce for this amount. (all in favor) CITY ATTORNEY'S REPORT 1. Mr. Magnuson reported that the Nelson School case will be heard for the next two days starting at 9:00 A. M. tomorrow. He has requested three people to testify and Mr. Niska will have to be paid for this time at the rate of $70.00 per day. On motion of Councilman Harry Peterson, seconded by Councilwoman Bodlovick, the Council authorized the payment of compensation to Mr. Ronald Niska at $70.30 per day for the court time at the Nelson School case. AYES -- Councilwoman Bodlovick, Councilman Harry Peterson and Mayor Junker NAYS -- Councilmen Roger Peterson and Powell. (motion carried) 2. Mr. Magnuson asked for the repeal of the Fence Ordinance which has created many problems - he approved the repair of the fence for Mrs. Frank Rice and her neighbor Lawrence Proesch is complaining about it. COUNCIL REQUEST ITEMS 1. COUNCILMAN POWELL stated that the Public Safety Committee has requested that the Pub lic Works Department repaint the Snow Emergency Signs to have blue background and white lettering - he was informed that the Public Works Committee will look into this. 2. COUNCILMAN POWELL asked about the water that runs down Prison Hill and he was informed that the Public Works Committee is working on that. 3. COUNCILMAN ROGER PETERSON requested that delegations should call ahead of time to be on the agenda since it is not fair to people waiting for public hearings to have to wait until nine o'clock for their hearings that were scheduled for 7:30 P. M. 4. On motion of Councilman Roger Peterson, seconded by Councilman Powell that the bill for the extra hours worked by the Police Department in the amount of $1,876.15 be sent to the Chamber of Commerce. (all in favor) ORDINANCES None RESOLUTIONS - The following resolutions were read and on roll call were unanimously adopted: 1. Employing Jesse Snelson as Building Official 2. Ordering Hearing on Local Improvement No. 175 - Street matting 3. Advertise for Bids -_L. I. No. 157 -2 (Frontage Road) imd eel e a • • • 1 • • • 0 r r August 8, 1979 ADJOURNMENT On motion of Councilmon Roger Peterson, seconded by Councilman Powell, the meeting adjourned at 8:05 P. M. Attest: Cit Clerk Mayor • 365 • a •