Loading...
HomeMy WebLinkAbout1979-10-09 CC MIN• • COUNCIL CHAMBER 1979 7:00 P. M. Stillwater. Minnesota October 9, REGULAR MEETING The meeting was called to order by President Junker. The Invocation was given by the City Clerk. Present: Councilwoman Bodlovick, Councilman Roger Peterson and Mayor Junker Absent: Councilmen H. Peterson and Powell Also Present: Finance Director /Coordinator, Kriesel, City Clerk, Schnell, City Attorney, Magnuson; Superintendent of Public Works, Shelton, Public Sn ulting m Engineers, Elliott; Official, Parks & Recreation, Blekum; Cons Snelson PRESS: Citizens: Stillwater Evening Gazette, Bob Liberty Free Press - None WAVN - Gary Larson Mr. & Mrs. Tom Best, Mr. & Mrs. Greg Gerard, Jack Nelson, Mr. & Mrs. Tom Moulton, Robert Burull, Bryon Wertz, Jim Torseth, Bill Pauley, Neal Skinner, Bruce Mogren, Mr. & Mrs. Max Bell, Mr. & Mrs. Leonard Feely, James Eitter, Thomas Armstrong, Walter Schmidt, Paul Swanstrom, Harry Giltner, Williams, s & Jim Ch a Gordon Charles Frederickson INDIVIDUALS- DELEGATIONS 1. JAMES AND NEIL JUNKER appeared before the City Council regarding the proposed rate increase tor the refuse service for residential pickup. Discussion was held regarding what would be picked up with the new rate increase and it was clarified that if an individual was doing his own remodeling or construction work they will pick same up, but if a contractor is doing the work, then the contractor will have to get his own box. Applicances will be picked up on the same day as regular pickup - in some instances a different truck will come back to get same and remove it - they will be gone on the same day. The single family dwelling and first unit of multi - families will go to $5.15 per month; second unit - $4.25; additional units will go to $3.65 up to a sim- plex and larger units only the initial rate will be increased. Senior Citizens will go up 25c to $2.40 and that rate would be good until 1982. There was discussion on units in which the parents are over 65 who have children still at home and as to whether or not they would qualify for the Senior Citizen rate and it was decided to leave it at the two or less in a household to qualify for this cheaper rate. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council set the date for an information hearing on the Junker Sanitation proposal for the residential pickup service for October 23, 1979 at 7:30 P. M. and that said proposal be published as presented in the newspaper and on the radio. (all in favor) (The Council was theeincrease current were terms of the new contract). COUNCILMAN ROGER PETERSON felt that it was a reasonable proposal but felt that the public should have some input into the new proposal and the proposal be published just as it was presented to the Council. 2. MR. & MRS. TOM MOULTON appeared before the Council regarding their building a slip for a boat on their property on the St. Croix River and they were request - thisafall, the proceed with the of DNR it variance DAVID MAGNUSON stated this moratorium is all inclusive and prohibits any building down there and he felt that this might be the type of thing that would be permitted under the proposed ordinance provided that it is flood -proof - the Council could make a finding if they want to approve this - granting a variance not only but specifically from the moratorium which was established several months ago. e st r • a • • 1, • • • MR. SNELSON stated that it was his understanding that plans of this type should be certified by an engineer and an architect and MR. ELLIOTT will check over these plans. This is something that the City has to require - the DNR and the Corps of Engineers will have to determine if it is a safe structure from the standpoint of river traffic. On motion of Councilman Roger Peterson, seconded by ^nuncilwoman Bodlovick, that the City grant a variance from the moratorium on building in the Flood Plain for Mr. & Mrs. Tom Moulton subject to the approval of the Consulting Engineer. (all in favor) 3. BRUCE MOGREN, 1330 Third Avenue South, appeared before the Council regarding the sale of one of his lots as to whether this would be 1ga1 or possible. He owns three lots and it was concluded that he sell off a piece 60 feet by 132 feet which would be large enough for a home to be built on said lot. The Council was agreeable to this and asked that he check with Mr. Snelson so that he comply with the ordinance for building setbacks. DAVID MAGNUSON stated that he will have to have a survey made of the minor- subdivision, and bring this back to the Council for approval at a future date. 4. MR. RICHARD JUELICH, 504 South Sixth Street, appeared before the Council requesting a variance from the ordinance to replace a garage on an existing site which is too close to the property line and she submitted a petition signed by the abutting property owners. The Planning Commission approved this. On motion of Councilwoman Bodlovick, seconded by Councilman Roger Peterson, the Council waived the hearing for the variance for a garage for Mr. & Mrs. Richard Juelich, 504 South Sixth Street, to be built on the existing site. (all in favor) PETITIONS None October 9, 1979 PUBLIC HEARINGS 1. This was the day and time for the public hearing on the proposed assessments for Local Improvement No. 160 for utilities on nightingale Boulevard. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on September 25, 1979 and copies were mailed to all property owners proposed to be assessed. The Mayor opened the hearing. MR. JAMES EITTER AND TOM ARMSTRONG were in attendance and were in agreement with spreading this over a period of ten years. MR. ELLIOTT stated that the actual cost was not too far off from the eaimated cost with the exception of the sewer which affects only one property owner. The Mayor closed the hearing. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, a resolution was introduced "ADOPTING THE ASSESSMENT ROLL FOR LOCAL IMPROVEMENT NO. 160 AND SETTING THE INTEREST RATE AT 6 ?, AND SPREADING THE ASSESSMENTS FOR A PERIOD OF TEN YEARS ", and that a copy of the assessment roll as adopted be sent to Stillwater Township for collection. AYES -- Councilwoman Bodlovick, Councilman R. Peterson and Mayor Junkar NAYS - -None (see resolutions) was 2. This the utilities, drainage and streets d for assessments the Stillwater Industrial Park, Phase II. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on September 25, 1979 and copies were mailed to all property owners proposed to be assessed. The Mayor opened the hearing. MR. ELLIOTT reviewed the basis for the assessments - the streets and utilities were assessed uniformly on an acre basis against the area abutting those streets and utilities ysownersdands were on an individual individually basis the property abutting property 411 • • • • • • 6 112 October 9, 1979 as required and the storm sewer is assessed against the district which was established by a hearing - the district is roughly the limits of Northwestern Avenue on the east - Orleans Street on the north - County 5 on the west, and Trunk Highway 212 on the south. As later improvements occur within the district, there potentially could be additional assessments. Currently everyone in that area is being assessed for improvements and in the future if any work occurs westerly of the current area, the discharge of water into the area referred to generally as " The Croixgate area ", those facilities which are required to serve that area will limit those being heard tonite and they have to be assessed back against the entire district to get the equity subsequent that when the last pro- ject is built, which would be only one more, that everyone has paid equally within the district. MAX BELL, 13258 North 60th Street, stated that they were assessed in October, 1978 and asked if this was another assessment. MR. ELLIOTT stated that this was for a trunk sanitary sewer assessment and that was all - that was spread on an area basis - MR. BELL stated that all they have to show for it is a hydrant which is under the ground six feet and they are going to have to take that out of there when the frontage road is put in. MR. BELL also asked about the assessments for the frontage road and MR. ELLIOTT stated that this is a cooperative agreement with the State of Minnesota and the City should only pay the cost of the engineering - the State pays all construction costs which is about $180,000 - the City is getting a project free from the State - this will cut off Mr. Bell's current access to the highway - and this will become a dead -end road with a cul -de -sac to the west of his property. MRS. LEONARD FEELY asked that the area be described in detail which Mr. Elliott did at this time. Some of the areas are reserved for assessments in the future. In this project there are Municipal State Aid Funds that are being used to defray about one -half of the street costs - $18,939.36 is being used on this portion of the roadway. Mr. Elliott cited the following assessment rates: Street $4,300.00 per acre (without Aid have acre) Sanitary Sewer $1,520.43 per acre Sanitary Sewer Services $ 629.59 per connection Watermain $2,385.66 per acre Water Services $1,159.27 per connection Storm Sewer $2,509.11 per acre On the sewer and water connections they dealt with each of the property owners and placed t'iem where they wanted them - they did not want anyone digging up the street at a later date. NEAL SKINNER, Stillwater Industrial Park, asked about the administrative costs - one percent and asked if this had any relation to the interest costs and this was explained that this is for administrative costs and has nothing to do with the bonding. LEONARD FEELY asked about the various assessments for each parcel and he was given a copy of the assessment roll. He asked about his services and MR. ELLIOTT stated that the figure of $2,952.86 included the sewer and water off North- western Avenue and in addition the sewer service which was run from their current dwelling into the trunk sewer was done on a Change Order by Johnson Bros. and that is included in this total. This was an advantage to them to get it on the assessment roll - otherwise they would have had to pay the contractor on a cash basis. MRS. LEONARD FEELY indicated that this project has not been completed and Mr. ELLIOTT put this item on his punch list for this job. MR. ELLIOTT informed her that 63rd Street must go across her property, but beyond that it is their right to plat it to suit them or the prospective developer and they paid for 4% acres only for this improvement. The Mayor closed the hearing. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, a resolution was introduced "ADOPTING THE ASSESSMENT ROLL FOR LOCAL IMPROVEMENT NO. 157 -1 AND SETTING THE INTEREST RATE AT 6 1/27 AND SPREADING THE ASSESSMENTS OVER A TWENTY YEAR PERIOD ". AYES -- Councilwoman Bodlovick, Councilman Roger Peterson, and Mayor Junker NAYS - -None (see resolutions) eft' o ' Ion e a • • • 1 • • 0 it • • October 9, 1979 UNFINISHED BUSINESS 1. Mr. Harry Giltner appeared before the Council regarding the pumping of Lily Lake into McKusick Lake and posed numerous questions as to just what is proposed to be done and how it will affect the level of McKusick Lake. He asked if this would be temporary or permanent and he was informed that it was permanent. He asked about the amount of water that would be pumped_ and Mr. Shelton stated that they could be put in a diversion structure with a control on it - the water will come in by the railroad tressel culvert and pass out again. In 1975 they pumped for 837 hours at 1,012 gallons per minute - Mr. Elliott has suggested that they put a low rate pump to bring the water up to McKusick Lake to control the erosion to take it into the Mulberry Street ravine - this would be about 500 gallons per minute. He asked what would be done about allegie and asked if they could have a little bit of flowage through there during the lean time. PAT DIRK, 1314 Meadowlark Drive, felt that this would be an opportune time to tie -in a total plan - they are not opposed to dumping water into McKusick Lake - the basic problem with McKusick Lake is there is no circulation - -put together a total plan. MR. SHELTON stated that the plan was implemented since there are some concerns about Lily Lake also - the City has requested that the State of Minnesota under this Act would actually look at cleaning up Lily Lake and McKusick Lake - they must send a survey of every lake into the State of Minnesota before they can get started and it should be coming this fall or early in 1980 - then they will study the lake which is under a grant which is 40% funded and then they come up with what should be done, then there is a second phase that is implemented and that goes to the cleaning up of each lake. It is possible that a shallow lake like McKusick Lake might be pumped down in the fall and that get s There than Lily Lake and they could gae l storm drains into flowthroughhatlake lake MR. ELLIOTT stated that is the part of the overall plan and it has been since 1975 lot of merit - asked that he the meeting the and this their office. MR. GILTNER complained about the dumping that is going on out there and MR. SHELTON stated that they go out there periodically and clean it up. MRS. LILA ROSELL stated that is really bad out there and her husband suggested that possibly some signs could be put up indicating "no dumping" - there is no chain or gate there. MAYOR JUNKER stated that the Council is looking at a new proposal for a disposal service and this matter will be taken up at the October 23rd meeting, and he hoped that might clear up the whole situation. MR. GILTNER asked about the power boat usage - he asked the others present how they felt about aopting an ordinance which would prevent the use of these type of boats on this lake - no motor boats at all - COUNCILMAN ROGER PETERSON stated that this could be done by ordinance since they have done it on other lakes. PAUL WILLIAMS asked if there has been any water quality done on these lakes - with all of the storm sewers going into Lily Lake aso what effect that would have on McKusick Lake if this water is pumped from Lily to McKusick. It was felt that with the long flow that the water tends to become some cleaner and there is a culvert near the Brothen residence and that to keep this clean they will have to get the beavers out of there. THE MAYOR DECLARED A RECESS FROM 8:40 to 8:50 P. M. 2. The City Attorney had sent a letter to Swager Bros. regarding drainage cy Pine Tree Trail from their Hilltop Addition, but received no response to same. MR. d stated temporarytreliefchercould see is to pump Jack property JACK NELSON, 716 Pine Tree Trail, pointed out that without an accident happening with the water towr the pond cannot tolerate this einter's run -off - it is the highest it has ever been without going over the road - there is just no place for more moisture to go. MR. SHELTON stated that there could be some safety valve put in there and there is a easement there and hw will look at it tomorrow. MR. MAGNUSON stated that he reviewed the minutes on this matter and that Swager Bros. agreed to do any necessary work to take care of the drainage - it is his responsibility to take care of this drainage. 413 • • • • • 7 414 October 9, 1979 On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council instructed the City Attorney along with Jack and Duane to see that this problem is ta care of and that Swager Bros. be notified again. (all in favor) 3. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the claim from Johnson Bros. Corporation for damage from the overflow of the water tower in the Stillwater Industrial Park area be referred to the Board of Water Commissioners for payment. (all in favor) 4. The Ice Arena Man -hours date will be taken up at the next Budget Meeting. 5. MR. KRIESEL received a letter on September 25, 1979 that they were looking into the possibility of selling this property and today he receive a second letter and they stated that they are not interested in selling. MR. KRIESEL stated that he will send them another letter indicating that the new lease cost is too high. (Burlington Northern Property) 6. one M bid forftheuPlexi Peterson, seconded opened. the (all in favor) Bid No. 1 Holsten Inc. 2301 Como Avenue St. Paul, Mn. 55108 Bid Bond Total Bid $15,197.00 This bid was about $2,200 over the estimate that was received last spring. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council accepted the bid of Moisten Ice Rinks, Inc., St. Paul at a cost bid price of $15,197.00 subject to the approval of the City Attorney and the Director of Parks and Recreation. (all in favor) NEW BUSINESS 1. On motion Council set datewofaOctoberv23, seconded P 11. fornthegpublic the hearing on the preliminary plat approval for Gould. (all in favor) 2. On motion of Councilman Roger Peterson, seconded by Councilwoman. Bodlovick, the Council made a change in the fire zone for the property at Third and Olive Street (adjacent to the Armory) from Fire Zone No. 1 to Fire Zone No. 3 in compliance with Ordinance favor) , ubject to the approval of the State Fire Marshal. (This request was submitted by Mr. & Mrs. Tom Best who wish to put up a Victorian Multi - Townhouse on this property) 3. On motion of Councilwoman Bodlovick, seconded by Councilman Roger Peterson, the claim from was referred to AtheeCity'srInsurance fall carrier. sidewalk (alldinn Stillwater favor) 4. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, a resolution was introduced DIRECTING THE PAYMENT OF THE BILLS ". AYES -- Councilwoman Bodlovick, Councilman Roger Peterson and Mayor Junker NAYS - -None (see resolutions) APPLICATIONS On motion of Councilman Roger Peterson, seconeed by Councilwoman Bodlovick, the following Contractor's Licenses were approved: (all in favor) Groco Construction Co. Renewal 8884 Brownlow Avenue, St. Louis Park 55426 General Henry Schley and Mary Smith 3115 Skyline Drive, Menomonie, Wisconsin 55751 Auctioneer's Renewal INDIVIDUALS & DELEGATIONS None at this point in the meeting. W 11 $1 Fi • • • • • • • October 9, 1979 415 • 0 1U to er COMMUNICATIONS From the League of Minnesota Cities - Regional Meeting - October 25th. Mayor Junker, Councilwoman Bodlovick, and Mr. Kriesel plan to attend this meeting. From the Minnesota Energy Agency - Routine Furnace Maintenance Reduces Fuel Consumption. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, this communication was directed to be sent to the press. (all in favor) CITY CLERK'S REPORT None CITY COORDINATOR'S REPORT 1. CABLE TLLEIBION - Mr. Kriesel stated that the Croix Cable Co. has filed a cable service territory with the Minnesota Cable Board and they want the City to determine whether or not they want to include Stillwater Township and Bay- town Township in the service territory. GREG GERARD, CROIX CABLE TLEVISION, stated that the Minnesota Cable Communications Board has some concern that the Cable Service Territory as filed should include the Townships of Baytown and Stillwater. They did not file the CST with those Townships for a reason. Last nite the Metro Council met and considered the MCCB'S recommendation and a staff recommendation from the Metro Council and the staff recommendation was that they be included also. But the Metropolitan Council voted last nite to recommend that the CST stand as it has been filed. Mrs. Opal Petersen initiated the action on the behalf of Washington County. Stillwater Township is interested in being included in the CST primarily at the urging of MCCB and the staff told them if they did not do it at this time they could never have cable which is not the way the CST works. He talked to Kathy Buck and Al Borsheim and they were under some misunderstanding and now have somewhat changed their idea whether or not they want to be included or not. Baytown Township has written a letter to the State indicating that they also want to they want included not be State n hascon- s that to be included. The reason that they filed the CST the way they did was because of the economic viability and the political advisability - to include the area of Stillwater Township servicing those outlying areas is not economically feasible with the technology that will be offered in the three communities. He has talked to Mr. McCarten on that and he indicated that he was interested in doing it that way too. They would want to serve the Townships, but not in- cludedthe whole Township in the CST and once the CST is appproved they would then initiate what they call an amendment or an expansion of a Cable Service Territory so that once the engineering studies are done you could determine what areas lying adjacent to the current CST would be conomically feasible to serve and politically feasible to serve - there could be some other interests come in- the Metro Council cited the Orderly Annexation and indicated that we did not have orderly annexation as indicated by the Johnson Annexation in the Supreme Court. Also by including the outlying Township areas there is some concern that the Cable Company servicing Stillwater would be the only one that could serve the outlying areas. When in fact as some later date techndogy might create an REA in the outlying areas and preclude it. He could not speak for other bidders, but Croix Cable Television would have the intention and desire to serve Township areas on a step -by -step level filing an expansaion territory. He asked the Council to consider passing a resolution which would state that the Council supports the CST as it has been filed with the State that defines the CST boundaries as the corporate limits of Stillwater, Bayport and Oak Park Heights and then add to that resolution that you support the CST with the understanding that it can be expanded at a later date to include annexed areas and /or adjacent Township areas as may be feasible by an engineering study. MAYOR JUNKER asked if Baytown Township or Stillwater Township express their concern with the City that they would like to join. MR. KRIESEL stated that he has not talked to Baytown Township -he has talked to Kathy Buck and they wanted at least to be considered in this territory. COUNCILMAN ROGER PETERSON stated that if the resolution is passed with the under- standing that the other areas can be serviced or might be serviced through an anything things he are not Feasible tog wrong won't be served. • • • r • •/ 416 October 9, 1979 BOB BURULL, Telephone & Data Systems, Inc., stated that they have a concern about the service area and he distributed a letter to the Council which they have sent to the Minnesota Cable Communications Board. This letter supported the inclusion of Stillwater and Baytown Townships in the original Cable Service Territory designation. If anybody in these Townships want cable regardless of how near or far they are from the corporate limits, then there has to be another process or franchise which involves a lot of time. It is true that the technology is on -going in such a way that anybody who wires the three incorporated towns here certainly has the means then - the only means at hand to continue the equitability of service out into the Township areas - they strongly feel and recommend and hope that the City would pass a resolution which says that this particular service territory should include those Townships since as a matter of fact by the time that the bidders come here - at that time a decision can be made as to whether or not to include a bid which includes the Townships with the incorporated areas being wired first, of course, and then out into the Townships - that way a system can be contiguous - a technical system can then serve those townships and it is true that REA will play a part, but in the case of these two or three townships a system out there that is not associated or connected with the community system is kind of a half system. This is one big neighborhood out there and television communication is advancing at such a pace that it would seem to them and the Minnesota Cable Board that the Town- ships should be part of a service area. When the bids come in, the Councils can make up their minds again if they wish. COUNCILMAN ROGER PETERSON asked about how much time is involved and why would it be such a time consuming process to request an increase in the area - it did not seem reasonable to him that an area that is established as a service area, it did not seem reasonable to him that area could not be expanded to the town- ships - he did not feel that it would be reasonable to assume that another service area would be made up of these townships because of the large area and the small population. BYRON WERTZ,Telephone & Data Systems, Inc., responded that in talking to Vicky Long of the MCCB today in discussing this matter once a Cable Service Territory has been granted for a specific geographic area, if there are other geographic areas, they would have to be addressed independently and separately and what would be necsssitated would be a ninety day waiting period - some other cable company could come into the townships or perhaps the one that was operating within this community - conceivably you could have one winner in Stillwater, Bayport and Oak Park Heights and another cable operator winner in Baytown Town- ship and /or Stillwater Township - conceivably you could have three separate and distinct cable service territories. Baytown Township and /or Stillwater Township may not be as a township economically feasible to be fired for able in five, ten or fifteen years down the road. What they are proposing is a system that would integrate the whole entire community and let the bidders make a determination what is economically feasible rather than saying "stop here and include an extra block or six block, ten block here" and in effect what you are suggesting here is that the them to would the areas adequately operate. not permit COUNCILMAN ROGER PETERSON asked if this would be a practical thing for a cable company to bid on Baytown and /or Stillwater Township and not on the Stillwater, Bayport and Oak Park Heights. MAYOR JUNKER stated if they are willing to be included in this area that we should accept them. DAVID MAGNUSON stated that he talked to Vicki Long from the Cable Board today and he cited what the staff says on this and he was not speaking for the Board - they are anxious in having the two townships included in the package - he felt that they think it will save extra time. expense, etc. - the important issue is political - the Council has to decide the makeup of the Joint Powers Board, the Cable Advisory Board - to include the townships at this stage, you are going to have to have citizens from those communities involved. The question is do you seek proportionate representation on the Board by reason of population or do you have just one person from each community - that is why this is all important at this stage - there is an eleven community board in the eastern suburbs of Hennepin County that has one Council person and the City Manager from each community serving on it and they get along well and they cannot understand why we could not do the same thing out here. COUNCILMAN ROGER PETERSON felt that from a practical standpoint he felt that they are not going to service the northern part of Stillwater Township right now. MR. MAGNUSON stated that it might be politically wise for the City to include them at this stage and give them equal representation on the Board and maybe they will start thinking that we are being a little bit more reasonable - could be an opportunity -- in the invitation for bids you can setforth in there that the only people from the Townships that will be served are those that are con - tinguous - you can control that in the letting of the bids. sA bn L1 a • • • • s • • 0 I A I 0 PO • October 9, 1979 • 417 . COUNCILMAN ROGER PETERSON asked if the people want to be serviced in the northern part of Stillwater Township, but he was informed that this would not be economically feasible. COUNCILMAN ROGER PETERSON asked would it be possible to ask the bidders to include the whole Township and MR. MAGNUSON stated that if you ask them to they could. You have to let them know if you want something to serve the entire Township or at least those people who are contiguous to the City. COUNCILMAN ROGER PETERSON asked if there was a service territory established and then there are two meetings of the moard and one of the Townships decide that they do not want to be a part of it - what happens next? MR. BURULL stated that a lot has to be gained by starting out with the in- clusion of everyone within the neighborhoods - just because you have all of the townships within the service area when these bidders come in even if you ask them - saying those who bid here must serve the entire service area, they can make exceptions to their bids and say "I am sorry that economically we can serve only this and this ". However, that leaves the opportunity for entire townships at that moment to be served and it has also provided the opportunity for township input into the communities that are fostering a cable system that ultimately affects the township. COUNCILMAN ROGER PETERSON asked what happens to the service area and he was informed that it remains. MR. MAGNUSON stated that they would be in the area and the people on the joint board could have a franchise that encompasses them and provide to some individual even though he did not want it. It all depends upon the invitations that are made what kind of bids that will be received - they could expect it from the bid. COUNCILMAN ROGER PETERSON felt that if it is a time consuming process to expand the area it must also be a time consuming process to contract the area MR. MAGNUSON felt that it might be an opportunityn on toetpol politically nice these townships who feel that we have been stepping for a long time. COUNCILMAN ROGER PETERSON inquired about St. Croix County - some of the residents have inquired about being a part of this even though they have not written to the City of Stillwater. MR. GERARD stated that he did not believe that Baytown Township has been asked to be included in the Cable Service Territory - they have asked to be included in the planning - Stillwater Township has also indicated that they are interested to be included in the planning, and they are interested in those homes that border and adjacent to Stillwater. He added that there must be a CST established and they have done that with just the three communities and if that is to be expanded you have to define an initial service territory to include Mid Oaks Avenue and it goes to the State and in the meantime Johnson starts to build and the Supreme Court case is settle. then you have to amend it for that area. He indicated that you are going to be amending all of the time anyway - making expansions and contractions all of the time. In regard to the eleven commumites - Minnetonka has sued - they don't get together. There are some difficulties - what they are saying is that REA cannot serve a township since they have included it in this CST and that there could be another legal battle and he felt that we should just define the area as it is going to be serviced. The State has another interest in defining this big area and that is called "Interconnect" which is a very ivory tower thing that will come into being some day - they want all of these townships to connect all the way into Minneapolis, University of Minnesota, all the way over to Minnetonka - it is a great concept, but What att at are not considering is "free standing growth centers e Bayport and Oak Park Heights are - we are free standing growth centers and we are much different than Richfield, Fridley, etc. He felt that we should go first with what we have got and then the successful bidder will come back and work with the Townships with those particular areas what are economically feasible - it doesn't mean that it cannot be expanded at different times to would the populated l areas of Ba felt tht the tTownships a Heights by increased rates. MR. BURELL stated that when you start talking about selecting and amending as stated earlier that is in a sense - "cherry picking" - this is planning stage and this particular service territory should include representatives from those townships because that is the areas that are going to be growing as well - then when we get somewhLre down the line all those particular amendments and the problems that arise from them are already taken care of - as far as the REA he is very familiar with them and by the time that we get into wiring those particular cases will be settled - he has seen other cases where cities who are supported by townships have ignored the townships and it caused friction and this is a fine opportunity to alleviate that friction and to work with your • • X418 October 9, 1979 neighbors out here. Designating a service territory is not a disadvantage - it is an advantage because if opens up communication and talk and allows an orderly growth to the cable system. MAYOR JUNKER wanted to at least get them involved in the planning paLt of it - Stillwater Township and Baytown Township. COUNCILMAN ROGER PETERSON asked if they had to be included in the service area to be involved in the planning area and MR. MAGNUSON stated that they should be. COUNCILMAN ROGER PETERSON asked do they have to be and MR. BURULL stated that the planning would be very inadequate if they did not have formal representation. COUNCILMAN ROGER PETERSON asked if they were not part of the service area, could they still serve on the Service Board and MR. MAGNUSON stated that if they are kind of neutral they could be offended by it. MR. GERARD felt that they would like to be included in the cable when it is built and to go through the planning process and then say thanks for your input but we are not going to service you - we can't by law because you were not included within the designated area. COUNCILMAN ROGER PETERSON asked if they decide that they want to be included, could they not be included through an addendum? MR. GERARD STATED that it is his understanding that there is no such thing =as expansion or an addendum to a CST - if a person wanted to have a CST in Stillwater Township, they would file a CST filing for Stillwater Township - the person that is serving Stillwater may be the one that involves that activity or initiate the action but that is not to say that 10 or 12 other bidders won't come in and you have two different cable operators. Let the competitive free enterprise system determine what areas are going to be served and what are not going to be served,instead of saying "stop we can't serve across the street" - they like to service areas like this where they can make the determination instead of saying "we can only go so far" or "we are only going so far" and in five years we will look at this next subdivision, etc. MR. GERARD stated that it can be expanded accord to State law - a CST can be expanded - it has to be since communities are growing all the time and CST'S are being filed all the time and growing and they are not including the same areas. MR. BURULL stated is there an annexation by the City? MR. GERARD stated that is not correct - they did that in St. Cloud - you can add on to a CST at any time and you are going to want to be able to do that because at some point you may want to beyond the Stillwater Township - what you are saying that you cannot go beyond the Stillwater Township area. MR. BURULL asked what objection he had to doing it right now - why if they are so interested in cabling these outside areas, why not include them right now at the base. MR. GERARD stated that the Memipolitan Council's recommendation was not to include the outside areas number one and number two, the MCCB'S recommendation is to bold this up at least thirty days and probably longer before they comment or make approval of the existing CST nr any CST. MR. BURULL stated that thirty days is nothing when you think about a ten or fifteen contract - the ordinance that is formulated here will be a much better ordinance if it is formulated by all the people who will eventually be involved here - the neighborhood and the Oaring will be enhanced by it and the ordinance will be enhanced by it and ultimately it is the bidder who is going to decide and it is the Councils of this Joint Powers Council who will decide who is going to serve Whom,but if you exclude today those who undoubtedly are going to be served tomorrow it just causes a lot of friction and as a matter of act he thought it denigerates the quality of the ultimate cable system. - what is the disadvantage of having everybody incolved who is going to be served here - he did not see any. MR. GERARD stated that one of the disadvantages might be that you choose not to pursue a joint powers or you may pursue it on an individual basis, then there would be no advantage to waiting because they are going to have to pursue it on an individual basis anyway. MR. BURULL stated that thirty or forty days in the terms of ten or fifteen years what does it mean if you get a good basis. MAYOR JUNKER felt that the City has decided on a joint powers with Oak Park ieights and Bayport and that the request from Stillwater Township and Baytown Township would put us in the same position as it would with Oak Park Heights, actually we are going beyond Baytown to pick -up Bayport -if their request is that they are willing to be on the Board with us and service that the City should accept them. • • • • • • • • BM 1 et • October 9, 1979 4191 • COUNCILMAN ROGER PETERSON stated that we had these prior contracts several years ago, we had the fire contract with all of May Township at one time and some months later it was determined that it wasn't feasible to service that entire Township - that they may be better off served coming out of Mahtomedi and it is conceivable that at some point and time the northern part of Still- water Township may be better served coming out of Forest Lake and it can be determined at the same time whether or not the southern half would be better off served from Stillwater. MR. BURULL stated that is not necessarily true - you are planning now for the future - and it is good to get all the players involved. COUNCILMAN ROGER PETERSON - the people in the northern part of Stillwater Township chances are from a practical standpoint are not going to be served immediately - they probably are not going to be served in the real near furure as there are not that many people up there. MR. BURULL stated that they might like to have a say in it. MR. KRIESEL stated that we should have a decision by Friday for the Cable Board. COUNCILWOMAN BODLOVICK moved that we should invite the Townships to participate in this Joint Powers Franchise or whatever we want to call it for cable tele- vision - include them in the planning or whatever - any and all (service area included). PO (The motion died for the lack of a second) I* THE SERVICE ROG oved introduced INVITING "ESTABLISHING THE TOWNSHIPS TO PARTICIPATE IN THE PLANNING STAGES WITH THE THOUGHT OF EXPANSION TO THE AREAS CLOSEST IN ". COUNCILWOMAN BODLOVICK questioned the City Attorney and Councilman Roger Peterson regarding his motion. MR. MAGNUSON stated that the only question that the State wants answered aside from how we plan it - does the City support the inclusion of the Township in the Cable Service Terrirory. COUNCILMAN ROGER PETERSON - by including them - the service to the closest in -area, we are including that part that is closest to the service. MR. KRIESEL asked if anybody knew how Oak Park Heights and Bayport have voted' or what decision they have given to the Cable Board. MR. GERARD stated that he wrote them a letter and got no response which took to as filed t they interested in letter that he Service Territory Junker . MR. KRIESEL had received no information as to how they about it. COUNCILMAN ROGER PETERSON did not feel that there is any problem - with the ninety days that it takes to expand the area. COUNCILWOMAN BODLOVICK felt that they should be included and COUNCILMAN stab- PETERSON stated that he is including them in the planning stages, lishing the Service Area with Stillwater, Oak Park Heights and Bayport. (There was no second to Councilman Peterson's motion and it died for the lack of same). 2. MR. KRIESEL asked the Council to meet on Friday afternoon at 4:00 P. M. for a opening r award could bids Nos. 17 and M. and 3. MR. KRIESEL informed the Council that the proposed assessing policy for water repairs will be considered by the Water Department at their meeting on Thursday, October 10, 1979. 4. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council approved the following conditions on the Special Use Permit for the Victoria Villas which was agreed to with the neighbors at a meeting at 6:00 P. M. this evening: 1. The installation of twenty spruce trees approximately 20 feet inleight to screen the parking lot area. 2. That the security lights on the east side of the building be screened to reduce or eliminate the adverse illumination cast to the east of the building s 0 • • • • ( 420 1 October 9, 1979 5. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council set the date of October 23, 1979 at 7:30 P. M. for the Public Hearing on the proposed assessments for Local Improvement No. 159. (all in favor) CONSULTING ENGINEER'S REPORT 1. MR. ELLIOTT reported to the Council that he felt that it was too late to get a forcemain into the ground for the pumping of Lily Lake and it could not be put in until Mid -June of next year - they would have to have Department of Natural Resources approval first of all - the report that was prepared in 1974 was given to Ron Harneck over two years and he has never commented on it. It was felt that after considerable discussion that the lake should be pumped this fall - it would be easier to do it this fall than next spring - Mr. Shelton will contact the DNR to get a permit to pump it since it is really getting high. PARKS AND RECREATION No report BUILDING INSPECTION No report COMMITTEE REPORTS PUBLIC SAFETY 1. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, a resolution was introduced "AUTHORIZING THE INSTALLATION OF A FIFTEEN MINUTE PARKING SIGN BEHIND REED'S DRUGSTORE ON WATER STREET" (Leave the one on the corner yellow and put the sign in for the second area) AYES -- Councilwoman Bodlovick, Councilman Roger Peterson and Mayor Junker (see resolutions) 2. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, a resolution was introduced "AUTHORIZING THE INSTALLATION OF TWO HOUR PARKING SIGNS ON THE EAST SIDE OF MAIN STREET BY MAPLE ISLAND FROM CO[MiERCIAL AVENUE TO MULBERRY STREET ". AYES -- Councilwoman Bodlovick, Councilman Roger Peterson, and Mayor Junker NAYS - -None (see resolutions) 3. Discussion was held regarding the parking in front of Monty Brine's home on Third and Chestnut and Mr. Shelton is to check this area out as this area is very hazardous and can't see at this intersection. PUBLIC WORKS 1. Mr. Shelton ithrmed the Council that the Snow Emergency Route signs have been ordered and they will be installed. 2. Discussion was held on the removal of the island by the Fire Department and Mr. Blekum indicated that he could take care of this matter. 3. Discussion was held on janitorial service for the Library since Scotty Montbriand has broken his leg and will be unable to take care of this work for a period of time. The recommendation of the Public Works Committee that the City will take care of the outside maintenance (that being the cutting of the grass and the shoveling of the snow), and the Library will have to take care of the inside maintenance, however, they ,cant Lu do it. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council accepted the recommendation of the Public Works Committee that the City will take care of the outside main- tenance for the Library and that they will be responsible for all of the inside maintenance work. (all in favor) 4. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council directed that the claim from Kevin Moelter for damage to his basement be sent to the McGarry- Kearney Insurance Agency. (all in favor) 5. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the City Clerk was directed to advertise for bids for the street sweeper, bids returnable on October 23, 1979 and Mr. Abrahamson was granted permission to receive quotes for the replacement for the Police Department. (all in favor) 6. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council authorized the installation of a street light at the intersection of Martha and Aspen Streets as recommended by the Public Safety and Public Works Committees. (all in favor) fl E RI M9 • a • • Mg • • • r • W CITY ATTORNEY'S REPORT No report APPROVAL OF MINUTES On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, minutes of the following meetings were approved: (all in favor) August 21, 1979 August 27, 1979 September 11, 1979 September 25, 1979 September 26, 1979 September 28, 1979 October 1, 1979 COUNCIL REQUEST ITEMS None QUESTIONS FROM PRESS REPRESENTATIVES None ORDINANCES None Attest: 4e/ - City «lerk (October 9, 1979) Regular Meeting Special Meeting Regular Meeting Special Meeting Regular Meeting Special Meeting Special Meeting 7:30 P. M. 4:30 P. M. 7:30 P. M. 7:30 P. M. 4:00 P. M. 4:30 P. M. 4:00 P. M. RESOLUTIONS The following resolutions were read and on roll call were unanimously adopted: 1. Directing the Payment of the Bills. 2. Adopting the Assessment Roll for Local Improvement No. 160. 3. Adopting the Assessment Roll for Local Improvement No. 157 -1 4. Authorizing the Installation of Fifteen Minute Parking Sign on Water Street Behind Reed's Drugstore. 5 Authorizing Mulberry u Parking Signs on Main Streets. ADJOURNMENT On motion of Councilwoman Bodlovick, seconded by Councilman Roger Peterson, the meeting adjourned at 10:15 P. M. J Mayor 42 • se • •