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HomeMy WebLinkAbout1979-10-23 CC MIN• 426 COUNCIL CHAMBER Stillwater, Minnesota INDIVIDUALS AND DELEGATIONS None at this point in the meeting. COMMITTEE REPORTS REGULAR MEETING The meeting was called to order by President Junker. Present: Councilwoman Bodlovick, Councilmen Harry Peterson (arrived at 4:35 P. M.), Roger Peterson, Powell and Mayor Junker Absent: None Also Present: Finance Director - Kriesel; City Attorney, Magnuson; City Clerk, Schnell; Director of Parks and Recreation, Blekum; Public Works Director, Shelton; Fire Chief, Chial. Press: St. Paul Dispatch - Jim Broede Citizens: Byron Wertz,Telephone & Data Systems Inc. (Cable TV) PUBLIC WORKS 1. Mr. Shelton reported that David Magnuson has talked to Gary Swager and they will take care of the drainage on Pine Tree Trail. 2. Mr. Shelton reported to the Council that we have another drainage problem - he had taken a walk with the Burlington Northern Roadmaster - when the fill was dumped from the Hi -Rise on the end of North Second Street it has drained down into the culvert and it is blocked solid - they are very anxious to have that opened up this fall before spring comes and we get a lot of rain and it could push the whole track out. About one foot of the north end of the culvert is exposed - this is an old stone culvert - he felt that we could get a bulldozer in there. The contractor was told to dump it there. On motion of Councilman Powell, seconded by Councilman Roger Peterson, the Council instructed Mr. Shelton and Mr. Elliott and some contractor such as Pete Miller or whoever to view the condition and get a price and report back to the Council. (all in favor) 3. Mr. Shelton asked about the free dumpster service which the City would have prior to the fall pickup and he was informed that if the Council accepts Mr. Junkers proposal there will be no fall pickup. 4. Mr. Shelton asked about the location of the street light at Martha and Aspen and it was concurred that the light will go on the existing pole to the south of Aspen Street. 5. This was the day and time for the opening of the bids for a Four Wheel Self - Propelled Pickup Street Sweeper. Tne advertisement for bids appeared in the Stillwater Evening Gazette, the official newspaper of the City on October 12, 1979. Mr. Nile Kriesel, Dorothy Schnell and Jack Shelton opened the following bids at 3:00 P. M.: Bid No. 1 Bid No. 2 October 23, 1979 4:00 P. M. M -B Cpmpany, Inc. of Wisconsin 1200 Park Street Chilton, Wisconsin 53014 Bid Bond Base Bid $41,250.00 Less Trade -In 2,000.00 Net Bid $39,250.00 Itasca Equipment Co. 7401 West 125th St., P. O. Box 377 Savage, Mn. 55378 Bid Bond Base Bid $51,990.00 Less Trade -In 12,160.00 Net Bid $39,830.00 Mr. Shelton had checked out another community who has one of the M -B Sweepers and they are very unhappy with it and he recommended that the City purchase the sweeper bid from the Itasca Equipment Co. • • • ® October 23 1979 427 C • r On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council awarded the bid for the sweeper to the Itasca Equipment as recommended by the Director of Public Works provided that the City Attorney approves of same and provided that at some point and time before the thirty day period has lapsed that we have some guarantee that we can sell the bonds. (all in favor) (See resolutions under Unfinished Business - Item No. 3) PARRS AND RECREATION 1. Mr. Blekum reported that the Ice Arena will open this Friday evening - they did have some problems with the refrigeration which have been ironed out. 2. Mr. Blekum is concerned about the contract with Washington County on the out- side maintenance of the Old Courthouse and he had to give a deposition regard- ing the woman who fell into a hole last summer on the grounds, which is a storm drain from the roof. Questions have been raised as to what the outside mainten- ance includes and according to the minutes of the October 22, 1977 Council meeting the City would o..ly be responsible for the grass cutting and snowplowing and the City Attorney was to inform them of this fact. He does not feel that the grounds is fit to hold outside activities where the public is involved. The various cont. actors that have been working on the building have marred the grounds with their machinery and debris - he did not feel that we should be picking up after the contractors. There is a watermain break on the east side along the property. The Foundation does not have much money and when they need some they go to the County and when they look at the contract and it is something outside of the building they wait for the City to do something r about it. COUNCILMAN ROGER PETERSON felt that we will cut the grass and do the snowplow- ing, as far as any major repair jobs that is their responsibility and that this insurance claim is their responsibility and we are not providing the insurance on that peice of property. Our insurance company is involved since they are naming everybody in sight. COUNCILMAN POWELL felt that we should again send a letter to the County Board and tell them this is what we agreed to and that this is the proposal and that a copy of this also be sent to Tom Langford. Mr. Blekum stated that he could see so many things coming up in the future - he stated the contract can be broken by either party by a five year notice and asked that the Council take a good look at this and possibly get out of it. MR. JESSE SNELSON reported to the Council on his inspection of the Courthouse along with Mr. Chial. The south stairway they have beefed it up so that the higher part is very good, but the radius on it is very poorly built and the inside radius when the people walk down it, the weight is actually supported somewhat by the skirt - boards and they have separated and they feel that it is unsafe. He called the architect and he was there yesterday and they had an engineer look at it and he thought it was all right. He felt that the City should have a letter to that effect. They have also taken off the two layers of the floor and they have only one layer of pine boards that have been sanded 1 1 and he thought it should be rated for 100 pounds per square foot and on the underside there are spaces in the south stairway area where there is no lathe Mat or plaster or sheetrock and thdre is no provision to stop smoke, fire or any- thing on the bottom side of that - he questioned whether should completely shut the doors right now and not to allow anybody in there. In the first place they to law are using it illegally because they are not suppose to t acco t oalawtee until the job is completed and they have an occupancy p ermit that the thing is complete and ready for use. They indicated that they had a number of quite large crowds in there. They had one stage in there and the 4111 stairs off the back of the stage projects into the approach of the new stairway on the north. He felt that the City has some liability in this and they should be told. Or motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council directed that the City Attorney write a 1 :ter to the Courthouse Foundation indicating that the City feels tat it is improper for them to use this facility for large numbers of people and list the Building Inspector's complaints and telling then that if they do not comply or at least have a certified letter from the architect or engineer within fifteen days that the City will red tag the building. (all in favor) 3. Mr. Blekum reported to the Council that they will be working on the terracing and other work at Pioneer Park to be done by the River Valley Lions who have volunteered for this work - they will be doing work on trimming of the trees on the south end of the park. new 4. Sanitation that they retain dumpster with Junker City Garage. • • or • • �28 FIRE CHIEF No report Bur 'NG INSPECTOR No rep. rt October 23, 1979 5, Councilman Powell requested that the matter of the maintenance for the Court- house be on the agenda at the second meeting November (November 20th) and the reconsidering of this contract for same. COUNCIL REQUEST ITEMS 1. COUNCILWOMAN BODLOVICK stated that she had a request that the Fire Department would like to have a meeting. MR. e Fire that sent will have posal Council has sent ahcount Funds- counter- proposal. Discussion was held as to whether or not Mr. Blekum had cancelled the order for the trees and the response was "no ". The Council agreed to the free tree program but then at a budget meeting there was discussion that it was possible that if die City was short of funds that this program could possibly be eliminated, but the conclusion was that this was not necessary. COUNCILMAN POWELL felt that the City should give support to the Youth Service Board and he felt that we could not give them the amount that they want, but that we could give them about $5,000 from Revenue Sharing. COUNCILMAN ROGER PETERSON felt that once you cut out a program that the chances ever of it again a benefitytotheu start City. MR. BLEKUM stated that the trees have been ordered as authorized by the Council- on it if the he wants informed discontinue it, but he he order, if necessary. MR. KRIESEL stated that when the City received the money from the State on the Dutch Elm it was considerably more than was thought it was going to be and this relates back to 1977 - he felt that we would have the money in the Duch Elm Fund to pay for these free trees. MR. MAGNUSON will check out to see if we can use this money for the Free Tree Program. CITY ATTORNEY'S REPORT 1. MR. MAGNUSON reported to the City Council on the Johnson Annexation proceedings before the Municipal Commission - there is concern about the boundaries and it will take two weeks to inspect the transcript. About one -third of Johnson's land is on the north side of Brown's Creek and there is a little segment just north of Stonebridge on the east side of the road - Mr. Johnson of the Municipal Commission thought there might be some questions because of the jagged boundaries, so this is why he needs a few weeks to examine the transcript. He felt that what Bob Johnson was after was to try to promote the Township and the City to get together in the hopes of reaching an agreement over this and felt that it was his intention with the hopes that in these two weeks that the two communities could planning of that - that negotiate that until we have the outcome of this litigation - once that is settled it might be a good idea to sit down and negotiate with the Township. MAYOR JUNKER stated that he had received a call from one of the Township Board members and they would like to meet with the City and it looks like they would like to negotiate and he did not believe that Dave Johnson would go for that and that within the next two weeks the City will meet with Stillwater Township to see if they are willing to go to the Municipal Board with the annexation as it is now and see if they will accept it. He felt thatas it looks now that it will be turned down. MR. MAGNUSON stated that there is no statutory factual basis to turn it down and that is what the City Council should now - it is about to become urban or sub- urban and it will be annexed - there is just no question. COUNCILWONAN BODLOVICK AND COUNCILMAN POWELL felt that we should meet with the Township after the decision is rendered and let them put in their input as to whatever they want - whatever they feel it should be, but not to have any control - did not feel that we should have a Joint Powers - this would be a delaying tactic. O • �.1 a • • r • • 0 • October 23, 1979 MR. MAGNUSON stated that on November 5th they should make a decision on it- what the City Council had approved was a joint comprehensive plan - a joint board who would just prepare a comprehensive plan and they would have con- tinuing juridiction only over the changes in the plan - rezoninGs, for platting - the only time that the board would meet would be when there is a change in the comprehensive plan - they want the same sort of Joint Board that we have for the Joint Powers and he cited many of the problems that the City has been involved in with the Joint Powers Board and the development of the Stillwater Industrial Park. COUNCILMAN ROGER PETERSON also felt that we should wait until we have the Municipal Commission's decision before meeting with Stillwater Township. 2. MR. BLEKUM inquired of Mr. Magnuson of the liability of using volunteer help for taking down trees and terracing at Pioneer Park. MR. MAGNUSON stated that when there is a person doing work for the City he felt that we have some exposure - he is operating under the City's control - no matter what you call him - he is an employee. 3. MR. MAGNUSON asked the Council if they had received a letter sent to Dave Johnson regarding the treatment of paying off the bonds for his improvements. He wants his bonds payable at a half of a percent over cost over twenty years - five percent of the total amount of the principal per year. He does not want to pre -pay the assessments as he sells the lots - he wants a blanket assessment over a certain number of lots - he wants to establish a ratio - the number of lots available for security which is the fixing of capital costs. If he envisions selling all of the lots in ten years and he would still be paying for the bonds over a twenty year period. He stated that Dave Johnson said that he got the impression from talking to some of the Council members that they would be willing to go this way. Mr. Magnuson felt that what should be done is that the Council authorize a study of this - the City should look at Johnson's proposal very carefully in terms of what it might cost the City assuming that it would generate taxes there could be some fiscal problems. COUNCILMAN ROGER PETERSON did not feel that we should change our assessment for Dave Johnson's proposal or anyone elses - when the lots are old pay the assessments - if he sold off everything in ten years, all of this money earning interest for him and the City would have no security - he could turn around and make 12% on this money and this is not the purpose of the assessment. This should not make or break the original incentive that he had. MR. MAGNUSON stated that it is not too early to be talking about this - he recommended that the Council authorize study with the financial consultant and that Mr. Johnson would pay for MR. KRIESEL felt that we should find out if this is something that the City should do - it could be something that is very beneficial to the City - there will be an increase in the tax base. MR. MAGNUSON stated that the Charter does allow the Council to issue bonds like that without securing the assessments like the City did for the Dutch Elm Bonds. COUNCILWOMAN BODLOVICK stated that he proposes to develop all of the streets and all of the utilities - he would build wherever people chose to do so and they would not be built in one particular area next to each other - and this would be costly and that is the way that he is planning to do it. MR. MAGNUSON stated that all of the improvements could be put in and the street extended all the way to the end of the plat and then the bottom go out of the home market and Johnson as wealthy as he is goes bankrutt and then there would be no taxes and the City would e maki ng i [pet the eibobond dh payments out of the General Fund and this has happened in o On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, Mr. Kriesel was instructed to contact Springsteds to ask them to give us the price on conducting such a study and then contact Mr. Johnson and tel and if the City can proceed. if he is (all in y it, ) INDIVIDUALS AND DELEGATIONS None CITY CLERK'S REPORT None 429 • 0 • • a • • 430 fa October 23, 1979 CITY COORDINATOR'S REPORT 1. Mr. Kriesel explained that Mr. Langness is not here tonite since there has been a change in the market - they are having trouble selling bonds and are not coming up with buyers - he needs a little more time to study it to see what- ever else would be Bailable - might be two to three months before we can get financing for these projects - there is no way that anyone could have predicted that the market would go like this. He felt that prior to awarding a bid for a project, we will have to award bids contingent upon the sale of the bonds. 2. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council authorized the signing of the CETA contract for three employees and increasing their salaries to $3.85 per hour (Library Toy Coordinator nal in Clerk for the City's offices, and the Ice Arena Trainee). 3. motion introduced "GHANG Councilman seconded by 1 631 resolution FROM $7,360 was TO $36,360." AYES -- Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 4. Mr. Kriesel informed the Council that he has set up a meeting with Mr. Elliott, and Mr. Magnuson to work on an assessment policy. In the Industrial Park we have people like Leonard Feely that has forty acres and when he comes to sell that property it is the Council's discretion as to how they want the property to collect or pay the assessments. - also he is getting inquiries from parties that are interested in buying 'h property and they are concerned about the assessments against a certain piece of that property - he does not do the assessing on these and the meeting is to bring him up to date on how the figures are actually developed by Mr. Elliott and his staff and what the recommended policy should be to the Council and also some answers for the prospective buyers of the property. 5. MR. KRIESEL brought up the matter of adopting the Ordinance Code by the next meeting as that is when the moratorium for construction in the Flood Plain expires - adopt the code by that time along with those changes in the flood plain ordinance or to extend the moratorium. MR. MAGNUSON stated that the way it is right now, it is just what we have and the only deleted. t He n felt e there e is m possibly e a e lot e of b things in there that the be the Council may not want. COUNCILMAN POWELL stated that Mr. Magnuson had given them an alternative which sounded pretty good - his staff could go through and in his own discretion put in what they thought was proper and MR. MAGNUSON stated that it is an alternative, but he felt the Council should do this. MR. MAGNUSON stated that there is a Charter change which should be adopted along with the code providing the Charter Commission recommends it. If the Charter be Charteriby that have the Council d f a certain number of people petition for it. It was recommended that this meeting be set for Tuesday, October 30th. 6. Mr. Kriesel informed the Council about the status of the Cable T. V. At the October 12th meeting the Minnesota Communicatbns Board approved of the CST as proposed by Croix Cable T. V. There is a question of some technicalities involved and he received a call from Vicky Long stating that the Board's action is incomplete as they did not wait for the proper findings before making their decision - there will be another meeting on November 8th, but she did not feel that the action would be changed at that time. This would give the City another opportunity to respond to the Township's question - whether or not they would pass a resolution of supporting or not supporting the issue of including them in the service area - it might not have a hearing - they may not even look at it. Oak Park Heights at their meeting last evening passed a resolution supporting the proposal as submitted by Croix Cable T. V. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, a resolution was introduced "SUPPORTING THE CABLE SERVICE AREA AS PROPOSED BY CROIX CABLE T. V. WHICH WOULD INCLUDE STILLWATER, OAK PARK HEIGHTS AND BAYPORT ". AYES -- Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson, Powell and Mayor Junker NAYS- -None (see resolutions) H k ti • • • • • • • PO M• M• t October 23, 1979 BYRON WERTZ stated that this State Cable Board is the governing body which are all employees of the State that actually set up the geographical boundaries or approve them that are suggested by the municipalities and what anybody would suggest - in this case it was suggested by Croix Cable T. V. that these three communities be included in the CST. At tb' October 12th meeting there was not significant comments on the part of anybody being in the Townships or cities in regard to the proposed area. The staff, which are the State employees, made a recommendation - perhaps the Townships should be included because of their being contiguous - the Board did not take the staff's recommendation which is a lay group of individuals throughout the State who sit for one meeting a month and they have no interest in anything - they are third parties that cannot impede anybody who operates or orients it- the staff made the recommendation that perhaps that they would to have some more time and the Board said "no" - leave it the way it is and move on. t this point and time the State Board has expressed their feeling (personally he would have liked to have seen the Townships included) - he did not feel that the Board is going to change their mind at this time. The CST will that Board Minnesota State Cable Staff suggested have. MR. KRIESEL indicated that Ann and he had met with Bob Torgerson of Oak Park Heights and Les Meader, Bayport and it was their feeling of their respective communities they did not want the Townships included in the Cable Service Territory - they would like to see them included in the planning. MR. KRIESEL added that along with the meeting was agreed that some type of Joint Powers franchise agreement and it was felt that t hiss w ouldd ee u p idea so that there would be only one bidding p of one council member and one lay person from each community and then one ot'tsider. We have to set up an advisory body and it was his understanding that the advisory body would not only serve the City but kind of under the Joint Powers Body g take et her religious therpt,oecommunities and one could take schools, on could MR. MAGNUSON indicated there is a lawsuit against the Board and one of the allegations is that they are wrong because they did not make "findings" which could be the same situation with the City - they made the decision without having the "findings" and now the State Cable Board has to bring in the findings. Discussion was held on how to select the Advisory Board and ow many members should be on this Board. MR. WERTZ stated that in fulfilling the State requirements, the reasons this Advisory Board which would include both members rst fotheeCityhCounciliandncitizens that they do a "need assessment " - that is, in terms in terms of ginatin in terms of whether , need the library or in terms of of local origination, what type of people should be brought in - it gets quite complicated and he felt that they should get a respective sample. Perhaps, what should be done after the adoption of a resolution of Joint Powers would be to get those six people together (two from each community) and have them study how many people from what segments and those six go back & determine which community will select the various representatives. He distributed to the Council a communication indicating channels or program offerings - it indicated some of the things that are available on Cable T. V. besides the networks - these are some of the considerations that that board is going to have to decide. MR. KRIESEL stated that ideally the Joint Powers should be made up of one council member or the City Attorney or the Coordinator - it should be some- body close to the problem. 7. Mr.Kriesel informed the Council that he has four requests for the audit for t year - 1979; basically the same four firms that submitted ropisalalasOfyear and DeLaHunt Voto, White Bear; Babcock, Minneapolis; Anderson- Seiberlich. He has reviewed them and DeLaHunt -Voto gives an hourly rate and if they have the same support that they had last year, the bid would be $10,500 and last year it was about the same. It was higher than the year before because the State mandated that the City change over to the new system. The State Auditor's office quoted nine to eleven thousand and their fees are based on the actual amount of time that it takes them to do the audit - they are interested in compliance rather than financial. Anderson - Seiberlich's estimate was $10,500 to $13,000. Hanson and Babcock state that they can do the audit not to exceed $6,790 and he had a call in to them to find out and he did not see how they could come in and do the audit for this price based on his experience in this fie'd and he did check with a and heiwonderedtify there an t that they had consideredfand with them were was directed by the Council to verify this proposal. This will be considered at the next regular meeting. THE MAYOR RECESSED THE MEETING UNTIL 7:30 P. M. 4:',1 • • s • • • 432 Octob er 23, 1979 Mayor Junker reconvened the meeting at 7:30 P. M. The invocation was given by the City Clerk. Present. Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson, Powell and Mayor Junker Absent: None Also Present: Finance Director- Coordinator, Kriesel; City Clerk, Schnell; City Attorney, Magnuson, Director of Public Works, Shelton; Consulting Engineers, Elliott and Moore Press: WAVN - Gary Larson Citizens: Edgerton BronsoneJames Owen nnoThomas, Brad MacDonald, Junker Barry Stack, Joseph Gould, Mr. & Mrs. Thomas Brennan, Arthur Mueller INDIVIDUALS AND DELEGATIONS None PUBLIC HEARINGS 1 This was the day and time for the informational hearing on the proposal to amend the present contract on garbage and trash removal made by the Junker Sanitation. COUNCILWOMAN BODLOVICK indicated that she received one call in favor; Councilman Powell had one in favor and Councilman Roger Peterson had three calls - two in favor and one opposed. COUNCILMAN ROGER PETERSON asked about clarification as to what they will pick up and when it will be picked up and James Junker answered these questions. COUNCILMAN HARRY PETERSON stated that he had not heard from anyone except he had one question about the three mill levy that was made for this purpose in the past and if it would continue and he was informed that at one time when we had our own dump there was a levy for the support of this dumpsite, but this amount is no longer levied for same. His personal feeling ■ds that we are fortunate in Stillwater to have the kind of rubbish collection we have and does not feel the charges are excessive and considering the limited number of rnmplaints that he had had and that it was appropriate to make an adjustment in the charges. The Mayor closed the hearing On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the City Attorney made the first reading of an ordinance by title entitled AN ORDINANCE AMENDING ORDINANCE NOS. 559 AND 426 OF THE CITY OF STILLWATER RELATING TO FEES FOR GARBAGE AND RUBBISH COLLECTION ". (The Mayor abstained - motion carried) - -- On motion of Councilman Roger Peterson, seconded by Councilman Powell, the Council extended Junker Sanitation's contract for a twelve year period ending June 30, 1992 and instructed the City Attorney to prepare a new contract to reflect the extension and also to reflect the new service which is to be comprehensive residential pickup. (Mayor Junker abstained from voting - motion carried) 2. Thi time for the 159 for the bituminous mat in thepalleyin assessments was Block 18, Original Town. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on October 11, 1979 and copies were mailed to all property owners proposed to be assessed. The Mayor opened the hearing. No one appeared in reference to these proposed assessmenr.. The Mayor closed the hearing. On motion of Councilman Roger Peterson, seconded by Councilman Powell, the Council adopted the assessment roll for Local Improvement No. 159 and that the City Clerk certify the unpaid assessments to be payable with 1980 property taxes in one installment with no interest. (all in favor) W !i e • • • 1 • a • • PM to October 23, 1979 3. This was the day and time for the public hearing on Case No. 369 for pre- liminary plat approval for Joseph Gould. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on October 12, 1979 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. COUNCILWOMAN BODLOVICK indicated that when the Planning Commiission reviewed this that they requested that the City ask for a cul -de -sac and retain an easement - there is no way that a fire truck could back out of there - the easement would be over Outlot A. from c Mr. aGouldea before final will to have MR. ART MUELLER stated that there is some State property here according to the drawing that he has of his property and he asked about the well and wondered if he would have to be involved in that and he was informed that they would be individual wells. MR. MAGNUSON indicated that Mrs. Schiefelbein had contacted him about this plat and there is a dispute over the boundaries of this plat and her property - he felt that the Council should approve this on the condition that this boundary dispute is settled. BARRY STACK presented the legal description of these properties to the City Attorney of Mrs. Schiefelbein's property and how it relates to his plat and he could see no problems with it. Mr. Magnuson and Mr. Stack went over the legal requirements for this plat and the supporting documents. He asked Mr. Brennan for a title opinion on the property and Mr. Brennan stated that he has one, but he did not have it with him. COUNCILMAN ROGER PETERSON asked if the preliminary plat was approved subject to the various conditions that were set forth and the condition that the boundary line dispute be settled that should be sufficient - if that would be the only action that the Council would have to take at this time. MAYOR JUNKER asked about the drainage and MR. ELLIOTT stated that he could see no problems and he has copies of the percolation tests which have been taken by Washington County for the on -site systems. MR. STACK stated that he has made some changes in the plat which was presented at the Planning Commission and has revised some of the lot lines and moved some of hill lot and more level Lot 9 and also that the l area. COUNCILWOMAN BODLOVICK indicated that the Planning Commission had not seen the communication from Washington County on this plat which had been sent at the request of Mr. Shelton. This letter gave the explanation of the percolation tests and MR. SHETLTON stated that he could see where Mr. Stack has changed the plat and they are conforming and that the Planning Commission should look at at this at their meeting on November 5th. COUNCILMAN BODLOVICK indicated that as long as they comply with the county's requirements she has no problems with it. MR. ARTHUR MUELLER presented to the Mayor and Council a drawing of his property which ea questioned clearly indicated the on this plat plat andlthere determined the Council that it was problems. COUNCILMAN ROGER PETERSON asked Mr. Elliott about the area that borders the railroad tracks to the north and asked if there is going to be a problem with run -off to that track that would make the City responsible some place long the line and MR. ELLIOTT responded that he doubted that anyone owning those lots would do anything with it to change the run -off. MR. STACK indicated that there is a four by eight box culvert at one point which should take care of this. COUNCILMAN ROGER PETERSON asked if there were to be more run -off and that atlema culvert were to plug and he was assured that there should not be any problems and Mr. Stack indicated that he had walked all of the ditches and with the exception of one, they were not wet even with the heavy rainfall that we have had this year. COUNCILMAN HARRY PETERSON asked about the development of Hazel Street and who pays for it - who pays those assessments? • 433 • a • 4 • s • October 23, 1979 good stated that opertyiwhichaproperyis question west end of the road for park and nursery purposes - there is no way that lot can be developed and sold off and did not feel that it should be assessed. There are two ways that they can be done - the developer can be required to put it in and the other one be that the people paition for it. COUNCILMAN ROGER PETERSON felt that it would be much more advantageous to specify in the preliminary approval who is to pay for it because it may eliminate some problems some place down the road. There was some discussion about the location of this road and as to where it would come off from and that this should be resolved before the preliminary approval is given. MR. STACK indicated that Mr. Gould plans to put in the road which would be a Class Five street and MR. ELLIOTT stated that it should be with a rolled bitum- inous curb ad streets as the foot area. is than the these ordinance requirements. MR. SHELTON stated that the County feels that the full sixty foot right -of- way should be obtained as other utilities are put into these right -of -ways - if you ever have to go back and buy it - then you will find out that the twenty feet will cost you plenty. There was discussion on the type of street to be put in and the standards of same and what effect it would have on the Reliance Development plat if they just did the rolled bituminous curb in this plat and the Council felt that it could not be extended any further. MAYOR MR. MAGNNUSSOON about Art Mueller, that the City and owners would of Stillwater. COUNCILMAN ROGER PETERSON stated that we should ask for (1) a sixty foot right -of -way on Hazel Street; (20 settle the title dispute; (3) the road improvement to be paid for by the developer. MR. MAGNUSON stated there should also be another - that Mr. Brennan dismiss the lawsuit against the City of Stillwater on the roadway- have the driveway declared a public road. There was discussion on the thirty foot cul -de -sac easement on Outlot A and Mr. Shelton stated that the only way that could be done was to take a lot out of the plat. The length of this street is only 275 feet and it was felt that the fire trucks could back out rather than have the developer give up one of the lots for a cul -de -sac easement. to MR. ncluded�thats to the preliminary plat approval. it was MR. MUELLER stated that when they first went in with the "cat" they broke the culvert and MR. BRENNAN said that Mrs. Schiefelbein stated that this was broken the year before and she had requested a culvert in there and when Mr. Shelton brought one up he put it on Mr. Mueller's property - it has been broken for a long time. (This was not to be one of the stipulations - Mr. Shelton was directed to take care of the culvert.) It was also indicated that the necessary drainage easements should be provided and that the raod should be approved by the City's Engineer and that he will do the inspections of the work to be done. They can do this along with other work that is being done at the time. The cost of any engineering fees that are billed to the City will be paid for by the developer. The Mayor closed the hearing. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council granted preliminary plat approval to the Joseph Gould plat (Browns Creeks Heights) subject to the following conditions: 1. that the developer provide a sixty foot right -of -way for Hazel Street; 2. the development of that road to be paid for by the developer - seven ton axel road with rolled bituminous curb and gutter; and the design of that street be approved by the City Engineer; 3. the settlement of the title dispute with the Schiefelbeins; 4. Mr. Brennan to dismiss the lawsuit against the City; 5. the developer provide an easement to the City on Outlot A. (all in favor) Ys! L • 0 • • It • • PEI 9 • October 23, 1979 UNFINISHED BUSINESS 1. On motion of Councilman Powell, seconded by Councilman Roger Peterson, a resolution was introduced "RELATING TO $610,000 C0MMERCIAL DEVELOPMENT REVENUE NOTE: AUTHORIZING THE ISSUANCE THEREOF PURSUANT TO MINNESOTA STATUTES, CHAPTER 474 ". AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson, Powell and Mayor Junker. NAYS - -None (see resolutions) 2. On motion of Councilman Powell, seconded by Councilman Roger Peterson, the claim from Muller Boat Works for storm sewer damages was directed to be went to the City's insurance carrier, McGarry and Kearney. (all in favor) 3. On motion of Councilman Roger Peterson, seconded by Councilman Powell, a resolution was introduced "AWARDING THE CONTRACT FOR THE MOBIL SWEEPER TO THE ITASCA EQUIPMENT CO. AT A BID PRICE OF $39,830.00" .00 maintenance, was he low bidder because of the fact that the company provides within the immediate area which would be of benefit to the City - also the gross price of the sweeper is $10,000 more. AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson, Powell and Mayor Junker (see resolutions) NAYS- -None NEW BUSINESS 1. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the resolution "Authorizing Participation in the Suburban Police Recruitment System' was referred to the City Attorney for his study and recommendation. (all in favor) 2. On motion of Councilman Roger Peterson, seconded by Councilman Powell, the Council authorized the Mayor and the City Clerk to sign Change Order No. 1 for Local Improvement No. 167 for sewer and water services on Lookout Street (all in favor) 3. On motion of Councilwoman Bodlovick, seconded by Councilman Powell, a resolution was introduced" DIRECTING THE PAYMENT OF THE BILLS ". AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson, Powell and Mayor Junker. (see resolutions) NAYS - -None THE MAYOR DECLARED A RECESS FROM 8:35 to 8:45 P. M. APPLICATIONS On motion of Councilman Roger Peterson, seconded by Councilman Powell, the n following Contractor's licenses were approved: (all Aquaris Pool Co. General Renewal 16900 Cedar Avenue South, Rosemont, Mn. 55068 Fred Duetsch - D & D Cement & Masonry 635 W. Shryer Ave. & 824 Grandview Avenue A& Brick Work Renewal St. Paul Dvorak Construction General N 16024 - 5th St., N., Lakeland 55043 John R. Fazendin General New 242 North Main St., Stillwater Gopher State Remodeling Co. General New 23460 Manning Court N., Scandia 55073 Chris Hayner -Craig Colburn5c003BaywoodGCorCorporation New 287 Central Ave., Bayport Michael Rivard Masonry & Brick Work Renewal R. #1, Box 150 -A, Stillwater Bruette Roofing - Harlan 55042 Roofing Renewal 8510 DeMonteville Tr., Peterson, afCigaretteaLicense Peterson, Harbor, Councilman 7 Roger Owens Street. (transfer - all in favor) 435 • • i • • • • . ( 4c36 October 23, 1979 ----On motion of Councilman Roger Peterson, seconded by Councilman P P well, an92, additional taxi -cab license was favor) to Valley Taxi, Inc., Stillwater. COMMUNICATIONS From the City Attorney regarding the annexation approved by the Minnesota Municipal Board which is a part of the Joint Powers area - OA- 117 -3. (No action) From the Minnesota Energy Commission News Release - Insulation: Keep the Heat you Pay For. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council directed that this News Release be forwarded to the Press. (all in favor) CONSULTING ENGINEER'S REPORT 1 the Council on felt that City should respond to the questionnaire and he has prepared the response to six questions which he detailed. He could see no problems environmentall in what he proposes to do - basically positive responses in every instance. It is to be signed by the Mayor. On motion of Councilman Harry Peterson, seconded by Councilman Roger Peterson, that Mr. Elliott be authorized to complete the questionnaire relating to the David Johnson property and to have the Mayor sign same (all in favor) 2. MR. ELLIOTT reported to the Council on a letter from the Minnesota Department of Transportation relating to the traffic signals and agreed to participate because they are high hazard intersections at the rate of 90% Federal and 10% local funds. This relates to the traffic signals and certain improvements near the new parking lot on South Main Street. Because of tight funds the participation will have to be reduced from 90% to 76% and as he sees it in dollars and the effect on the City based on the original estimates the City ould would be paying about $1,650 out of the General Fund and woulduse participate - Municipal State Aid - $1, 25e of this change in funding the City's there would be $3,600 and the County's would $4,500 instead of $1,600 and he has not contacted the County. The other improvements near the old NSP building $19,500 in that improve- ment. The total improvement is in the nature of about $52,500 - this is adjacent to the parking lot. He was not sure whether within the contracts of the improve- ment hearing of that parking lot that we could construe that share of the adjacent work could be included in the assessment of that parking lot. There is no other source of funds other than City General Funds - it a aq un wofk hether or the not when the bids are received on the parking lot, adjacent highway be included and whether the City's share of the highway improvement for $19,500 be assessed along with the parking lot. There is a change in the financing - he felt that the Council should review this letter between now and the next Council meeting. MR. MAGNUSON stated that prior to the next Council meeting they will have had the first hearing of the commissioners on the condemnation of the parking of and the City might have an idea or an award as to just what the value is. COUNCILMAN HARRY PETERSON stated that the City might have to pay a little more but that we are fortunate that we will receive this much since many c_ the projects were cancelled - 61 major projects were cancelled and other smaller ones. 3. MR. ELLIOTT asked about the status of the Augustine Bros. proposed plat and COUNCILWOMAN BODLOVICK stated that this has been to the Joint Powers on about three different times and the City has made no decision yet - there is some question about the placement of 61st Street which will end up on Mr. Anez's property and he does not want that street. Mr. Van Wormer will be in Stillwater and will take a look at this proposed road. 4. Mr. Elliott reported to the City Council that Keller Construction will be starting work in about a week. •®1 a • f "1 aid • • • • • • r October 23, 1979 CITY ATTORNEY'S REPORT (continued) 4. Mr. Magnuson explained the program of storing elmwood and the insurance for the people that will be cutting it. The City could get from McGarry - Kearney a binder so that we are specificially protected from any liability - the City is covered but the company has suggested that the City establish guidelines to have supervision over it. If the Council plans to do it, the ordinance needs amending to provide a place where the Dutch Elm Trees cold be stord. do because the r problem r of u policing l it. a The t suggested l spot was to was the dumpsite. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the City Attorney made the first reading by title of TER an ordinance entitled: "AN ORDINANCE OF THE CITY OF STILLWATERIDING AMENDING THE ORDINANCE ESTABLISHING A SHADE TREE PROGRAM, REGULATIONS FOR THE CONTROL OF CERTAIN DISEASES AFFECTING TREES AND INCORPORATING AGENCY RULES AND REGULATIONS NSAND D PROVIDING A PENALTY FOR FIOLATIONS THEREOF" COUNCIL REQUEST ITEMS 1. On motion of Councilman Roger Peterson, seconded by Councilman Powell, that Mr. Kriescl should prepare a news release for the press on the changes in the Garbage a. Refuse Ordinance and also to have something in our next billing indicating to the people that from November 1st on everything will be picked up. It is well for the City to advertise that fact within the next eight days so that people are favor) fact and they will know what won't be picked up. 2. On wasointroduced Roger AUTHORIZING seconded Powell, YELLOW 'NO PARKING' ON THE WEST SIDE OF MAIN STREET AND INSTALL TWO HOUR PARKING SIGNS" within the following areas: 2U feet going north on the southeast corner of North Main and East Mulberry 20 feet going north on the southwest corner of North Main and East Mulberry 15 feet going south on the northeast corner of North Main and East Mulberry 25 feet going south on the northwest corner of North Main and East Mulberry AYES -- Councilwoman Bodlovick, Councilmen H. Peterson, R. Peterson, and Mayor Junker NAYS -- None (see resolutions 3 onUChestnut NStreettVa d the tokhav in have Mr. Abrahamsontl Brine's ookat this situation and report back to the Council. Also that something should be done about the tree on this property. COUNCILMAN HARRY PETERSON felt that this corner should be yellow - want no cars parked there - he feels it is a traffic hazard and also that the tree on that property should be cut down completely and not just trimmed a little bit. ORDINANCES First Reading _pAmendingtth Garbage Collection - The tollowing resolutions were read and on roll call were adopted unanimously: RESOLUTIONS 1. Directing the Payment of the Bills 2. Award the Bid for Local Improvement No. 171 and 173 (repass) 3. Award the Bid for the Sweeper - Itasca Equipment Co. 4. Revenue Bonds for the Consolidated Lumber Company 5. Change in Tax Levy - Decrease in a Fund 6 Remove Yellow North Main between Commercial and Mulberry 7. Support of Cable Service Area. ADJOURNMENT: On motion of Councilman Roger Peterson, seconded by Councilman Powell, the meeting adjourned at 9:05 P. M. Attest: 4 �¢- City Clerk Mayor 437, .• • • •