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HomeMy WebLinkAbout1973-06-05 CC MIN . r - f""') - i l-":'~ t"eII bit ~ - 1",..1 . COUNCIL CHAMBER stillwater, Minnesota June 5, 1973 7:30 P. M. REGULAR MEETING The meeting was called to order by President Powell. The Invocation was given by Mr. Marshall. Present: councilmen Balfanz, Peterson, Thompson, Wohlers and President Powell Absent: None Also Present: city Coordinator, Marshall Assis~ant City Attorney, Roy Holsten Superintendent of Public Works, Shelton Pcb lie Safety Director, Abrahamson Director of Parks and Recreation, Blekum Consulting Engineer, Elliott Press: Stillwater Evening Gazette - Roger Gratiot St. Paul Dispatch - Jim Groede Citizens: Jerry Mahoney, Mrs. Louis Cbrlstoffersen, Mrs. Beverly Andrews, John DeCurtins, Jr., John: Rudeen, Frank Graham, Gilbert S"- "lSOD, Robert McGarry, Dean Charlsen, Irving Swanson, Mr. & Mrs. Jim Plain INDIVYDUALS-DELEGATIONS-PETITIONS 1. MR. ROBERT Me GARRY, appeared before the City Council and presented to the Mayor the trophy for the Scull Race held at Red Wing on Sunday, June 3rd. Mayor Powell accepted the trophy on behalf of the City of stillwater and told Mr. McGarry that he felt that after it has been on display at City Hall, then it should be turned over to him to put on display in his window in the downtown area. 2. This was the day and time to continue the hearing on the request of Gilbert Swanson for a lot size variance at 316 South Center Street. G:iLBERT SWANSON stated his position was the same - he failed to come up with the name of anyone to whom this would be harmful. He felt one of the advantages to both his mother and to the City is to have a house on this property and that it would increase the value to the others in the block and bring in additional revenue to the City. Six out of the nine houses have equal lot size and felt this lot could be utilized at the same ratio. It meets all of the front, side and other setbacks - could not see how it could be detrimental except that the law requires the 10,000 square feet. COUNCILMAN PETERSON questioned the sewer hookup for this lot and JACK SHBUTON said tha there is sewer in Center Street on the opposit~ side. It was constructed for the home across the street and this party paid the full cost before the street was surfaced. This lot could be connected unto this connection but the objection would be who would be responsible for the block if there were any problems. MR. SWANSON indicated that swager Bros. have worked this matter out, and COUNCILMAN WOHLERS stated that whut Swager Bros. wor~s 0Ut now might not work in the future. 1 I. I \ . . . C) "" . J . (June 5. 1973 - continued) COUNCI~~N PETERSON asked if his mother bought the property as one unit and MR. SWANSON stated he understood that is what it was but found out that she did buy both at the same time but that Mr. pauley had told her that she could sell the additional lot. MAYOR POWELL said it was the opinion of the council that it was done that way when the sub-division was new and Mr. pauley was aware of the fact that it could be sold as one property. COUNCILMAN BALFANZ said this was after the 10.000 square foot requirement was in the ordinance. (This property was purchased seven years ago.) COUNCILMAN PETERSON asked if there was any proposal for a garage and he said "no" but that there was ample room for a driveway. MAYOR POWELL stated that one of the neighbors felt if a driveway were put in it would encroach on his property because of the nature of the lot. MR. SWANSON said there will be 13 feet on either side of the house and they could secure an easement on the North. MR. SHELTON checked the sewer maps and fOWld that sewer was pru "ided for Mr. Forsblom but it does not show it going to the manhole as it is a four inch main - this is possibly a "Y" connection. MR. SWANSON asked about connecting to olive Street and Mayor Powell said this would have to be a "y" from MrS. Swanson I s so tts t we don I t have to dig up olive Street. ~CK SHELTON said two sewers in one sewer could be agreeable but if this ownership changes who is going to rod the sewer if it blocks up. MR. SWANSON asked if it is the Council's perogative he would suggest that a contingent variance be granted if they can satisfy the sanitary commission's request. The hearing was closed at 7:50 P. M. COUNCILMl\N PETERSON - we have had several of these requests now and I under- stand there is another one pending and it is my feeling that these - lots a.re too small. On motion of councilman Peterson, seconded by Councilman Balfanz the Council followed the recommendation of the planning Commission and denied the request of Gilbert Swanson for a lot size variance at 316 south Center street (councilman Thompson opposed). 3. This was the day and time set for a public hearing on the proposed improve- ment of North William, South sixth and Ramsey streets by the installation of watermains. Notice of hearing was published on May 25 and June I, 1973 and copies were mailed to all property owners liable to be assessed. The Mayor opened the hearing. MR. DUANE ELLIOTT explained the proposed improvements - the cost would be $14,260.00 for ten units or a unit cost of $'1,.426.00 per unit which includes restoration of the street. If the project is extended bvond the areas where there is a leak, there would be 15 property units for a total estimated cost of $25,360.00 or a unit cost of $1,334.00. MR. HAROLD FOSTER said the North william Street line is a one inch galvanized one which was put in 1914 to serve 812 and 816 North william. In 1920 the party that lives at 808 North William was hooked on and at the present time there are three houses on that one inch galvanized private line. In 1959 part of that private line was replaced (76 feet) with 3/4 inch copper. r ( r- L , '-- '- . . I.. \ . . . . ~ l r-- (June 5. 1973 - continued) - JIM PLAIN, 812 North William street, asked why William Street has been neglected, and MR. FOSTER replied that ctwo people who lived at those addresses wanted it that way - it was the cheapest way to get w~ter to them. The people on that block have not paid for a main - they have only paid for the private line. One party paid $68.00 and the other $59.50. MAYOR POWELL said that it is City policy now not to allow private lines or the improvement of private lines. It only leads to the same thing that we are doing right now. MR. PLAIN asked about the sewer and MR. SHELTON said it is a six inch sewer with no manhole which was put in very close to the same time that the water- main was put in. MR. PLAIN also asked if they CQuld not put in a new sewer at the same time ~nd MR. ELLIOTT stated that both could not be put into the same trench. ,-, MR. SHEUTON checked out the files and found that it is a four inch clay pipe for the sewer service in that street. - The questions was raised as to whether or not it would be feasible to hookup on to Elm Street for some of these locations and MR. SHELTON stated that Elm Street was jus~ surfaced and they were not assessed for the Elm Street watermain. 1'-/-' MR. FOSTER stated that a watermain is being laid in the adjoining block this year, and MAYOR POWELL added if there are problems with a private line it is time to get a public line. MR. ELLIO'rl' suggested that there be a manhole be put at the end of the sewer line so that if there is a problem in the line it can be cleaned out, and make it a public line. MR. MARSHALL stated that we would have to have a separate hearing for a sewer line and stub-in to service the vacant lot on William Street. SOOTH S YXTH STREET WATERMAIN iA:t MR. FOSTER said there are two private lines on South Sixth Street both coming from Olive Street. The first one was installed in 1911 or prior to 1911 with 8 parties and currently there are six houses on this line. Three parties shared in the original cost (102, 116 and 122 South Sixth). Repairs were made by the Water Department in 1960 where they replaced it with one inch galvanized pipe. The other line comes from Olive Street which is 1\ inch galvanized pipe installed in 1916 - five people were involved in the original cost and at the present ti~ there are nine parties or homes on that line. Had trouble in 1960 and installed 40 feet of 1\ galvanized pipe in that system. There are no leaks in this second line at the present time. .... MAYOR POWELL asked if each of these were to be done separately the cost would be greater and MR. ELLIOTT confirmed his statement. w MRS. CONNIE CHRISTOFFERSEN, 102 south Sixth Street asked how close she came to the stop on Myrtle Street and MR. FOSTER said it was very nearly the same distance and she commented on the cost as it relates to the distance. MAYOR POWELL asked if the Christofferson property was assessed for the watermain in Myrtle street and MR. FOSTER said there were no watermain assessments on that street to anyone. MAYOR POWELL stated that we never assess any property owner for water twice - if she was not assessed on Myrtle street, which she wasn't, then she will be assessed for South Sixth. You are the first one on the line and you pay the same as all of the rest of them. Sewer and water are assessed on a unit bas is . - DEAN CHARLSEN asked if they go just the 300 feet on South Sixth would this be a deadend and MR. SLLIOTT said there would be a hydrant at the ena of the 300 feet. . '-' " .... \ . o \ ' ... , . . t . . , ~ 4 (June 5, 1973 - continued) DEAN CHARLSEN askee if they didn't do the full job, then when they came in to do the other line, would they have to tear up the str.!et again and MR. ELLIOTT stated that when the other part went in only those receiving the watermain would be assessed for the street work and watermain. DEAN CHARLSEN asked if that wouldn't give them a complete circuit if it was done noW and MR. ELLIOTT said it would give them a better water works. MR. JOHN RUDEEN. 207 south sixth Street, asked what type of sewer is in south Sixth Street right now and MR. SHELTON said that the sewer line goes from 100 foot past Ramsey Street south down to Myrtle Street with a manhole on the end of it and he thought it was a six inch line. MR. RUDEEN' asked if he could for see any problems with the sewer and MR. SHELTON said that they have had no maintenance problems and MRS . ANDREWS said that she had problems with roots, but MR. SHELTON assured them there have been no plug-ups or cracked pipe. COUNCILMAN PETERSON asked about the location of the manhole and MR. SHELTON said it was just south of 211 South Sixth and there is a manhole location there for the rodding of the line. MR. RUDEEN questioned the repair of the private watermain on Sout.h Sixth Street and MAYOR POWELL said this council was not in office at that time. The attitude of the previous Councils we have no control of what they did. This council feels that all of these things must and should be done - that is the reason they are taking the stand that they are. To do it. the other way it may cost someone less but it really doesnrt solve the problem. MR. RUDEEN asked about the repair or rematting after the work is done and MR. ELLIOTT said that the estimate includes restoration of the surface that is disturbed which includes filling the trench, compacting, sawing of the jagged edges and only the trench area is resurfaced with new bituminous. This work is proposed to be done on the East side of the street and will be six inches in depth. COUNCILMAN PETERSON stated that this situation is similar to the one on Linden Street - West of the Washington School - this area was serviced by a private line anrl they were made aware of it and to avoid breaking into the improved street to repair the private services and they would be responsible for the rematting if there was a break. DEAN CHARLSEN asked if this would be a 10 or 15 year assessment and MAYOR POWELL said it is usually ten years. HAROLD FOSTER commented that olive ana Holcombe was the nearest hydrant for these people on Sixth Street for a long time. DEAN CHARLSEN stated that on the boulevard from Myrtle Street to Ramsey Street there are several trees that are rotting and the roots are digging up the sidewalks and the streets. He requested the removal of those trees. MR. ELLIOTT said that only those trees which are in th~ way of the water trench would be removed, although it is the council's perogative ano it could be a hazard. MAYOR POWELL stated that this could be pursued at a later date. The Mayor closed the hearing at 8:40 P. M. On motion of councilman peterson. seconded by councilman Balfanz a resolution was introduced "ORDERING THE IMPROVEMENT FOR WATERMAINS AND DIRECTING THE CLERK TO ADVERTISE FOR BIDS, LOCAL IMPROVEMENT #117" (South sixth - Myrtle to Olive. Ramsey from south sixth to South Holcombe and North William from Hickory to Elm) (see resolutions) On motion of Councilman wohlers, seconded by Councilman peterson a resolution was introduced "ORDERING FEASIBILITY STUDY FOR A SE.WER IMPROVEMENT ON NORTH WILLIAM STREET AID ORDERING A HEARING FOR JULY 10 AT 7:30 P. M." (see resolutions) . r r . . \ , <~ , '- '-- . . . . r - f""\ - i'-i~" F,<j ~ w - """ . (June 5. 1973 - continued) THE MAYOR DECLARED A RECESS FROM 8:45 to 8:55 P. M. 4. PETITION from John Fazendin for water and sewer on NOrth Third street. On motion of councilman Thompson. seconded by councilman Peterson a resolution was introduced "ACCEPTING THE PETITION AND ORDERING A FEASIBILITY STUDY FOR S!.WER AND WATER EXTENSIONS ON NORTH THIRD STREET". (see resolutions) 5. On motion of councilman Peterson, seconded by councilman Balfanz the requests for street lights at 1904 North Fifth street and at the corner of North First and poplar streets was referred to the Public Works committee for their study and recommendation. 6. PETITION POR THE VACATION OF A PORTION OF CARNELIAN STREET.. On ootion of councilman Balfanz, seconded by Councilman Thompson the petition was accepted and a public hearing was scheduled for August 7, 1973 at 7:30 P. M., and said petition be referred to the planning commdssion. 7. MR. MAR.qHALL was directed to send a letter to Mr. Merrill Stahl regarding the possible petition for the vacation of a portion of St. croix Avenue since the city feels that this will shortly become an improved street. UNFINISHED BUSINESS 1. on motion of councilman Peterson, seconded by councilman Balfanz the superintendent of Public Works was directed to have the d:!:ainage problem corrected on RainboW Court and assessed the cost to the property owner. 2. MR. FRANK GRAHAM of NSP explained the proposed lights on orleans Street as to the type and location. They would be on the South side along the cemetery fence with a total of our Units. The council felt that three units would be sufficient. On ootion of councilman Wohlers, seconded by Councilman Balfanz that the city order three lights in the proposed style to be located on West Orleans street. 3. On motion of councilman Peterson, seconded by councilman Balfanz a resolution was introduced "ordering a feasibility study on a proposed sewer extension on East Wilkins Street and order a hearing for July 10, 1973. (see resolutions). NDl BUSINESS L On motion of councilman Balfanz, seconded by Councilman Thompson the Council approved a utility easement for NSP on city Land. 2. On motion of Councilman peterson, seconded by councilman Thompson a resolution was introduced "EXECUTING AN AGREEMENT WITH DELAHUNT, VOTO &I CO. FOR AN AUDIT OF SEPARATION GRANT FUNDS". (see resolutions). 5 \ ,. . . . .1, 6 (June 5, 1973 - continued) 3. On motion of councilman Balfanz. seconded by Councilman Peterson a resolution was introduced "EMPLOYING SHIRLEY MONTBRIAND AS A CLERK- T".!PIST" at a rate of $450.00 per roonth effective June 1, 1973. (see resolutions). 4. On motion of Councilnan Peterson, seconded by Councilman Balfanz a resolution was introducec5. "INCREASING THE COMPENSATION FOR JOHN' LAWSON TO $745.00 PER MONTH EFFECTIVE JUNE 1, 1973. (see resolutions). 5. On motion of Councilman Thompson, seconded by Councilman Wohlers a resolution was introduced "INCREASING COMPENSATION FOR DAVID REICHOW TO $4.23 PER HOUR EFFECTIVE JULY 1, 1973". (see resolutions). 6. On motion of councilman Peterson, seconded by Councilman Wohlers the city Coordinator was authorized to contact the State Employment Agency regarding their new program for the employment of high school graduates, or oollege students at $1.60 per hour and the City adds l2~ to this figure.. 7. on motion of Councilman Peterson, secontied by councilman ThompEoon the Clerk made the first reading by title of an Ordinance entitled "AN ORDINANCE ANNEXING CITY OWNED PROPERTY IN STILUlATER TOWNSHIP". (see ordinances) 8. On motion of Counci1~ Balfanz, seconded by Councilman Peterson the Clerk rr.ade the first reading by title of an Ordinance entitled "AN ORDINANCE ANNEXING PROPERTY' IN STILDlATER TOWNSHIP 100% SURROUNDED BY THE CITY". (see ordinances). 9. On motion of councilman Wohlers, seconded by Councilman Thompson the City Coordinator was directed to send a letter to the Municipal Commission that the two foregoing annexations be ordered.. 10. On RDtion of councilman Balfanz, seconded by councilman Peterson a resolution was introduced scheduling an Assessment Hearing for Local Improvement No. 104 for August 21, 1973 at 7:30 P. M. (OWen Street). (see resolutions). 11. On motion of Councilman Thompson, seconded by councilman Balfanz a resolution was introduced "ORDERING THE IMPROVEMENT AND DIRECTING THE CLERK 1.'0 ADVERTISE FOR BIDS FOR SIDEWALl( CONSTRUCTION, LOCAL IMPROVE- MENT NO. le8 (Bid opening to be July 19, 1973 at 4:00 P. M.) (see resolutions). 12. On motion of Councilman Peterson, seconded by Councilman Balfanz the Clerk was directed to advertise for bids for two trucks for the Street: Department, said bids to be returnable on July 10, 1973. 13. On motion of Councilman Thompson, seconded by Councilman Petet:son the date of July 10, 1973 at 7;30 P. M. was set for a variance hearing for B & B Builders, Case No. 146. 14. On motion of councilman Wohlers, seconded by Councilman Balfanz the date of July 10, 1973 at 7:30 F. M. was set for a variance hearing for Irven Kiesow, Case No. 147. 15. On motion of Councilman Wohlers, seconded by Councilman Balfanz on the recommendation of the Recreat:.on Commission Chairman, the bid of Cadillac plastic & Chemical Co., Minneapolis in the amount of $1,650.00 was accepted. . r . r \.. I \ ;-~.. L '-- . '- . . r . - f""l ,.. It ". .. w I ... . Iw' (June 5, 1973 - continued) 16. Discussion was held regarding the possibility of making a traffic survey on parking lots in the downtown area, but the council did not feel that this was necessary to have a professional like Carl Dale do this - we have the general concept plan and know the land owned by the city and can check on the revenue received from each of the lots to make an evaluation of the parking lots. 17. on motion of Councilman peterson, seconded by councilman Balfanz the Clerk made the second reading of an ordinance entitled "AN ORDINANCE ESTABLISHING HERITAGE PRESERVATION COMMISS ION" . The ordinance was read section by section followed. by roll call after each section and all members of the council voted in the affirmative. The chair then put the question. "Shall this ordinance pass?" and on roll call the ordinance was unanirously adopted. APPLICATIONS On motion of Councilman Balfanz. contractors' License was granted Osborne Road. Fridley. Minnesota seconded by councilman peterson a Plastering to Drywall. Inc. (Erwin A. Johnson). 1052 (new) First reeding was made for an "On Sale" and .Off sale" 3.2 Beer License for North Hill Gulf. 1101 North Owen Street. Stillwater. COMMUNICATIONS None crrY COORDINATOR' S REPORT 1. Mr. Marshall stated that the police Association is in mediation on the 1973 salaries and it is time to be thinking about 1974 salaries. He had already received a reque.t from the 4ger1s. 2. The matter of the Croixwood Fourth Addition approval will be taken care of following the annexations ordered by the Ordinances passed earlier in this meeting. 3. A discussion was held on the matter of placing flap valves in the Myrtle and Nelson street locations - Mr. Elliott was not in favor of placing such valves in these locations - it needs additional water level to make use of such valves. Hopefully he can come up with some kind of a recommendation. 4. On motion of councilman peterson. seconded by Councilman Balfanz the Mayor. city coordinator. and councilman Thompson were instructed to attend the Metro League meeting at Edina Village Hall on June 13, 1973. 5. Mr. Marshall informed the council of the proposed sewer revenue rates - there have been no increases since 1959. The council will hold a pUblic hearing in August on these proposed increases. 6. The bids of bonds for the Croixwood Second Addition sewer and water will be opened on Tuesday. June 12. 1973 at 7:30 P. M. - Councilmen Balfanz. Thompson, and Wohlers and the City Coordinator were directed to be present for this bid opening. ----~ . 7 i , i I ! i , I I i I I ! ; I I I i I ! i . '" . I 8 . (June 5, 1973 - continued) 7. On motion of Councilman peterson, seconded by councilman Balfanz a resolution was introduced authorizing the planting of trees for each one taken down wherever possible but not in the boulevards (specifically replacing trees on North Fourth street and on the corner of Cherry and Everett) .. (see resolutions) CONSULTI5G ENGINEER I S REPORT No report COMMI'l'TEE REPOR'!S PUBLIC SAFETY 1. On motion of councilman Peterson, seconded by councilman Balfanz a resolution was introduced employing the following persons as members of the volunteer Fire Department: David Reichow Monroe Wood Dennis Johnson cortzie R.. Downs, Jr. (see resolutions) 2.. The matter of call-backs for fires has run into some problems and Mr.. Marshall will take care of confirming this matter to these people. PUBLIC WORKS No rep'rt AD)fTllTISTRATIVE No report pARKS AND RECREATION Dick Blekum reported that they met with the residents abutting Meadowlark park ~- there will be blacktopping with gravel in the wet area. He will furnish the Council with a complete written report on this meeting. APPROVAL OF MINUTES On motion of Councilman Balfanz, seconded by councilman Thompson minutes of the following meetings were approved: May 8, 1973 MaY 22, 1973 Regular Meeting Regular Meeting 7.30 P. M. 7.30 P. M. ORDINANCES First Readings - 1. AN ORDINANCE ANNEXING PROPERTY OWNED BY THE CITY OF STILLWATER TO THE CITY OF STILLWATER AND AbUTTING THEREON. 2. AN ORDINANCE ANNEXING PROPERTY TO THE CITY OF STILLWATER WHICH ABUTS UPON THE CITY OF STILLWATER AND IS COMPLETELY SURROUNDED BY lAND \'lITHIN ITS MUNICIPAL LIMITS. r- (' , , , i--' :- I; U l.- '- . . \ . . . . r (June 5, 1973 - continued) ..-....-" 9 ' . ,.... second Reading - AN ORDINANCE ESTABLISHING A HERITAGE PRESERVATION COMMISSION RESOLt11'IONS The following resolutions were read and on roll call were unanirrously adopted: , 1. ordering Improvement and Directing the Clerk to Advertise for Bids Local Improvement No. 117 - watermains 2. Ordering Feasibility Study and Ordering Hearing for Sewer en North william street f""1 3. Accept Petition and Order Feasibility Study for Sewer and Water Extensions on North Third Street. 4. Order Feasibility Report and Order Hearing on Sewer on East Wilkins s. Execute Agreement with DeLaHUnt for separation Audit. r"" h". 6. Employ Shirley Montbriand as Clerk-'l'ypist 7. Increase compensation for John Lawson 8. Increase compensation for David Reichow 9. Order Assessment Hearing for L. I. No. 104 - owen Street. 10. Directing the Clerk to Advertise for Bids for sidewalk Improvements - Local Improvement No. 108 11. Employ Volunteer Firefighters - Cortzie Downs - Dennis Johnson - Monroe Wood - David Reichow \ ' 12. Authorize Planting of Replacement Trees. 13. payment of Bills. rJ l. ADJOURNMENT On motion of Councilman Thompson. seconded by Councilman Wohlers the meeting adjourned at 10:25 P. M. w d~Q~ . "~(jl1, Mayor Atte I I ... . . ~ .