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HomeMy WebLinkAbout1974-05-07 CC MIN . .~-.'\ 169 \ . COUNCIL CHAMBER Stillwater, Minnesota May 7. 1974 7:30 P. M. REGULAR MEETING The meeting was called to order by President powell The Invocation was given by ~r. Marshall present: Councilman Balfanz, Peterson. Thompson. Wohlers and President Powell .~ Absent: None Also Present: city coordinator, Marshall; city Attorney. Kimmel; super- intendent of Public Works, Sl.",lton; Public Safet}' Director, Abrahamson; Director of Parks and Recreation, Blekum: Consulting Engineer, Blliott anL Newquist Press: stillwater Evening Gazette - Doug ;eitz St. paul Dispatch - James Broede Citizens: Dr. F. M. MCCarten, John McCarten, Hermoine Tobisch, Rita Thelen, Orrin Thompson, John DeCurtins, Jr., Phyllis wohlers, Joyce Schmidt, Harry Swanson, Jerry Mahoney, Dr. Bernard Gaffney, Ivan Weiss.. Gary Laidig, Jerry Wallace, Mr. & Mrs. Jerry Wohlers, JamBS Melton, Ed Mohrlant, Mahlon Waller, Eugene F~ Olsen, Charles King, Russell Kirby (Ascension Church), Mrs. RaytNlnd Peltier and daughter, MrS. Joseph SiJoonet, Jr a, Total of about 30-35 people INDIVrDUALS - DELEGATIONS - PETITIONS 1. MR. JAMES MEL'l'ON, owner of the Jim-Jam Bar, 124 North Main street was introduced by Mayor William Powell. ".;r.4Ii 2. This was the day and time se t for a public hearing on the proposed amendments to the Cable Television Franchisea The notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the city on April 22, 1974. ... The Mayor opened the hearing a y JOHN MC CARTEN stated that t:he FTC does not permit more than 3% payment to the city and no nore than 15 years for the length of the franchise a On motion of Councilman peterson, seconded by councilman Wohlers the Clerk made the second reading of an ordinance entitled 'IAN ORDINANCE AMENDING ORDINANCE NO. 428.. AN ORDINANCE GRANTING A CABLE TELEVISION FRANCHISE". 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 unanimously adopted a (see ordinances) .... . W . . . r (May 7, 1974 - continued~ . 170 3. This was the day and time set for a pUblic hearing on the proposed improve- ments (water, sewer and storm sewer improvements) to the Croixwood Fifth and Sixth Additions and all adjoining areas deemed feasible to be served in said improvement. The notice of hearing was published in the stillwater Evening Gazette the official newspaper of the city on April 23 and 30, 1974; a waive of the right of public hearing was received from the owner of croixwood Fifth and sixth Additions and copies of the notice of hearing were mailed to all property owners liable to be assessed for said improvements. t The Mayor opened the hearing. MR. DUANE ELLIOTT explained the proposed improvement through the use of maps and the details in the feasibility report. . ED !<<)HRLANT, 621 county Road No.5 questioned the cost of the project for residents on the East side of COW'lty Road No.5. , DR. BERNARD GAFFNEY, member of the stillwater Township Board, read the notice of hearing which will be held Thursday, May 23rd regarding a portion of this project which is estimated to cost $45,000. He further questioned where the storm water would drain and MR. ELLIOTT stated IICst of it would go into the existing ponds in the area. MABIDN WALLER, 6729 Stillwater Blvd. questioned how far south the sewer and wate:c would run and it was concluded that it would end slightly north of his property and that if he would consult with Mr. Elliott, it is possible that it could be extended further to serve his property. MR. KIMMEL reminded the people that none of these figures are fixed figures~ After the bids are received and the project is completed then the actual costs are calculated and the notices of the assessment hearing are mailed out and the c(')uncil makes a determination as to how the costs will be split up. The figures Mr. Elliott has given are only estimates and not final figures. MR. MARSHALL stated that we had one petition for sewer on COW'lty Road No. 5 several years ago but there was no way of servicing this area at that time. The people in the area are having problems and if it is done now they will share in the total cost and it will be cheaper. COUNCILMAN PE'lERSON asked about the water line on county Road No. 5 which is in the shoulder and wondered if the sewer line could also be on th.... east side to avoid jacking under the road to connect the homes on the east side and MR. ELLIOTT said this could be considered and then it would only be necessary to jack under for the church on the west side. GENE S. OLSEN, 615 county Road No.5 questioned the services for outlot A in the froixwood Addition, and assessments for same. ~LD KIMMEL said they will be assessed for the cost of th~ sewer when it is provided for this area and since this is proposed for apartment units then they will be charged the proper connection charges for these services. CHARLES KING, Cochrane's Long Lake Addition, questioned the difference in charges for the various areas and f.1R~ ELLIOTT said that the lots are large in the cochrane's Long Lake Addition and the total cost of this addition will be assessed on a per unit basis and also for the lift station which will serve this area and the potential of 75 lots to the North. MR. KIMMEL explained that when the city assesses front footage on cul-de-sac lots they tend to use unit assessments or the width of the lot at the setback point _ for lift stations we make area assessments. MR. OtsEN questioned the high cost of the assessments for work or improvements done in the city of Stillwater as compa~ed to other communities in the area and MR. ELLIOTT explained that since 1967 the cost of construction for municipal utilities have about doubled. The costs are increasing about 1% per month~ He also explained that there are many ways of assessing. . r r . . .~ ~ . . . (May 7, 1974 - continued) . MR. WALLER asked how the estuilates are arrived at and MR. ELLIOTT said they use last yearls prices and the engineer's index for this area and apply that and breakdown sewer by depth zones and breakdown on watermains and add 10% contingency on the preliminary plan. TEEMA1/ORDECLAREDARECESSFROM8:35P.M.TO 8:45 P. M. , HAROLD KIMMEL made mention of the $27,000 cost of the lift station to serve the area outside of the City and in their discussions with Mr. Thompson and Mr. Jacksonls attorney and some property owned by Mr..Benson that the City would not be responsible to pick up these costs. Mr. Thompson will pickup this amount and then he will be re-imbursed by the parties who buy this property and they will not be allowed to hookup until they do reimburse Mr. Thompson. . The Mayor closed the hearing. -- , . On motion of Councilman Peterson, seconded by Councilman Balfanz a resolution was introduceCl "ORDERDIG ~ IMPROVEMENT, SUBJECT TO THE APPROVAL OF STILDfATER TOWNSHIP, ORDERING THE FINAL PLANS AND SPECIFICATIONS AND DIRECTING THE CLERK TO ADVERTISE FOR BIDS RETURNABLE ON JUNE 6, 1974 AT 3:00 P. M." (see resolutions) 4. JERRY WOHLERS appeared before the council requesting a 3.2 On Sale Beer License for the Lily Lake Park Development for ~.ay 31 and June 1st and 2nd and the All Stars game on July 13th and alRO one for Kinsells Liquor Store of Lumberjack Days. On motion of Councilman Peterson, seconded by Councilman Wohlers these licenses were granted. UNFINISHED BUSINESS 1. Mr. Elliott explained the alternate bids which were received for the Brick Street Lift Station. He recommended that the City take the Alternate No.2. (To be paid out of Sewer Revenue Fund - Mr. MarShall) On motion of Councilman Peterson, seconded by Councilman Wohlers. a resolution was introduced "AMENDING RESOLtrl'ION NO. 5060 AUTHORIZING THE PURCHASE OF S'l':?\...rmy GENERATING CAPACITY". (see resolutions) "'~"A ... 2. On motion of Councilman peterson, seconded by Councilman Wohlers the Council granted a ana foot variance to the Ascension Church for a garage subject to their working with the Building Inspector on this permit. 3. On motion of Councilman Balfanz, seconded by Councilman Thompson, the Clerk made the second reading of an ordinance entitled "AN ORDINANCE AMENDING ORDINANCE NO. 426 OF THE CITY OF STILLWATER RElATING TO EEES FOR GARBAGE AND RUBBISH COLLECTION IN THE CITY OF STILIJIATER'I. v 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 questions, "Shall this ordinance pass?" and on roll call the ordinance was unanimously adopted. (see ordinances) 4. On motion of Councilman Balfanz, seconded by Councilman Thompson a resolution was introduced 'IENTERING INTO A SIX YEAR CONTRACT WITH THE STILLWATER SANITATION FOR GARBAGE AND RUBBISH SERVICE" with rates negotitable on an annual basis and the Mayor and City Coordinator were directed to execute such an agreement. (see resolutions). '-" . 171 ~-'"'...... . . ,. . . ~ . I . l ~ , l 172 . (May 7. 1974 - continued) 5. The following quotations were opened at 3:00 P. M. Tuesday, May 7, 1974 by Raym::md Marshall, Jack Shelton and Dorothy Schnell. (Ron Orfe! was also here) for the REPAIR OF STORM SEWER FROM LAKE DRIVE TO LI.LY LAKE, LOCAL IMPROVEMENT NO. 121. On IIDtion of councilman Balfanz, seconded by Councilman Peterson a resolution was introduced I'ACCEPTING THE LOW QUOTE PROM MC DONALD & ASSOCIATES, ST.. PAUL, MINNESO'l'A AND AtJTII)RIZING THE Ml\YOR AND THE CITY CLERK TO EXECUTE SAID CONTRACT".. (see resolutions) 6. On motion of Counci1man Peterson, seconded by Councilman Balfanz a resolution was introduced "EMPLOYING TOM JOHNSON AS A POLICE RESERVE EFFECTIVE DECEMBER 15, 1973 AND GLENN RANSON EFBECTlVE JANUARY 2. 197411. (see resolutions) NIlW BUSINESS 1. en motion of Councilman Peterson, asconded by Councilman woblera the Clerk was directed to advertise for bids for the 1974 sealcoating project. said bids to be returnable at 3.:0" o.clock P. M.. June 11. 1974. 2. On motion of Councilman Balfanz, seconded by Councilman peterson. the City Coordinator was directed to set a date for the Council and the Engineer to drive the proposed street improvement areas to check and see what has to be done. 3. On motion of Councilman peterson. seconded by Councilman Wohlers the City Engineer was directed to check into the possible repairs of the Chestnut and Laurel Street stairs and possible removal of the Locust Street stairs. 4. On motion of Councilman Balfanz. seconded by Councilman Peterson a resolution was introduced "AUTHORIZING CHANGE ORDER - DEPENDABLE SURFACING CO.... far the aurfacing of the following areas in their order of piority: Circle at pioneer Park Roadway RamseY-Grove Park Meadowlark Park Staples Field (see resolutions) 5. The matter of the proposed State Dutch Elm Control Rules will be checked out with Mr. Seefeldt. '-- . ~ . t-"'" \.1 l~'~ -- . '- . . . ,,,,", _._J , I' .... y ... . - '-' (May 7, 1974 - continued) 6. The renewal of the River parking Lot lease with the Burlington Northern Railroad and the Mulberry Point lease are still in the process of being negotiated. 7. On ootion of Councilman Thompson, seconded by Councilman Peterson a resolution was introduced "EMPLOnNG DOUGLAS SWANSON AS A POLICE OFFICER" effective May 15, 1974. (see resolutions). 8. On motion of Councilman peterson, seconded by Councilman Thompson the City Coordinator was authorized to execute whatever is necessary for partici- pation in the Summer Youth Employment program of the State of Minnesota. 9. On motion of Councilman peterson, seconded by Councilman Balfanz a resolution was introduced"Authorizing the Execution of a Cooperative Purchasing Agreement with the State of MinnesotaN (see resolutions) 10. On motion of Councilman Thompson, seconded by Councilman Peterson a resolution was introduced "EMPIDYING HOWARD ANBZ AS A WEEKEND CARETAKER FOR LOWELL AND PIONEER PAPJ(S". (see resolutions). 11. On motion of Councilman Peterson, seconded by Councilman Thompson the COuncil set the date of May 21, 1974 at 7:30 p,. M. for the public hearing on the proposed 48 unit apartment building on South Greeley Street, Case No. 162 - MMSBF, Inc. 12. On motion of Councilman peterson, seconded by Councilman Balfanz the Superintendent of Public Works was directed to get quotes on the 575 gallon diesel fuel tank which the City wishes to dispose of. 13. On motion of Councilman Thompson, seconded by Councilman Peterson the Council approved the rate increase to Junker Sanitation from $47.00 to $49.00 per roll-off box. 14. On motion of Councilman Thompson, seconded by Councilman Wohlers a resolution was introduced "DIRECTING THE PAYMEN'l' OF THE BILLS ". (see resolutions) APPLIcaTIONS On motion of Councilman Balfanz, seconded by Councilman peterson, the following Contractor"s Licenses were approved: David A. Bell ... Dave Bell Masonry 265 Second Avenue North Bayport, Minnesota 55003 Masonry and Brick Work New Joe Bjorkman 9411 Newgate Avenue North Stillwater, Minnesota 55082 General(treetrimming and Landscaping and Gardening) New M. F. Fleischhacker, Inc. 343 Burlington Rd. St. paul, Minnesota 55119 Masonry & Brick Work New Floodmaster Engr. Corp. 1545 Selby Avenue St. Paul, Minnesota 55104 General New --.._.--,,~ 173 . \. ~ . . ~ . . f Ie t , t . . 174 . (May 7, 1974 - continued) R. W. LaCasse 12770 Otchipwe Avenue North Stillwater, MD. 55082 Cement contractor Renewal Lawrence LeTourneau 14770 - 130th St. No. stillwater, MD. 55082 Masonry & Brick Work Renewal Walter C. Suchy 73 w. Co. Rd. C St. paul. Minnesota 55117 Excavators New COMMUN'rCAT.IONS From the Municipal Commission regarding the resolutions for the Consolidation of the City of Oak Park Heights and the Town of Stillwater - notice of continued hearing. (no action) Prom the public Service Commission of the State of Minnesota in the matter of the Application of the Northwestern Bell Telephone Company for an Order Sanctioning Temporary and Permanent Increases in Rates and Charges for Telephone Service Furnished. by the company within the State of Minnesota. (no action) Prom the Washington County Highway Department and the Minnesota Pollution Control Agency regarding the matter of dumping in ravines and open burning of brush and leaves at the old dumpsite located on West Myrtle Street. (no action) Prom AlImn B. Bebermeyer, 502 South Hemlock street, regarding sewer backing up in his home. On motion of Councilman Peterson, seconded by Councilman Balfanz Mr. Shelton was directed to proceed with the installation of a back water valve for Mr. Bebermeyer. From Mrs. Mary carlberg, a claim olg'ainst the City of Stillwater for a fall into a manhole at the corner of Fourth and Maple Streets on March 13, 1974. Copies of this claim were mailed to the Krog Insurance Agency and the City Attorney on May 1. 1974. From Bernard G. Harvieux requesting the use. rent or lease of City property abutting his property on West Anderson Street for his tenants at 623 West Anderson Street. On motion of Councilman Peterson. seconded by Councilman Balfanz the City Coordinator was instructed to talk to Mr. Harvieux and indicate to him that we are willing to rent" him this property to plant a garden in the street right-of~ay providing he removes the "junker" cars in his back yard on Anderson Street. CITY COORDINATOR I S REPORT 1. The Board of Review will meet on Thursday. M~y 16th - Members of this Board are Councilmen Balfanz. Wohlers. Mayor Powell and Mr. Kimmel. 2. The matter of Band Concerts for this summer was discussed and Mr. Marshall was asked to contact Mr. Regis again and see about the possibility of having smaller groups or bands play on Thursday evenings. . r- \. ~ ~..~ -! '-- '- . . . .~ ." 4.." fi"i b", w - v (May 7.. 1974 - continued) 17 5 ~\ 3. On notion of councilman Peterson.. seconded by Councilman Balfanz the city coordinator was instructed to inform Mr. Louis c;aravalia. Jr. of the termination of his el1\P1oyment with the Stillwater volunteer Fire Department. 4. On motion of councilJDan peterson, seconded by councilman Balfanz action was deferred until the next meeting regarding the possibility of a penalty on the weed cutting projectS so that the city Attorney and Mr. Shelton can check this matter out and ma}te a recommendation. 5. On D>tion of councilman Peterson, seconded by councilman WOhlers a resolution was introduced t1AtJTB)RIZmG THE INSTALLATION OF NO PARKING SIGNS ON TIlE WEST SIDE OF SOUTH GREELJllC STREET FROM WEST ABaO'l"r STREET TO TIlE SOtml DRIVEWAY OF orBE LILY LAKE RECREATION AREA. I<<lNDAY 'rJIRU FRIDAY, 8;00 A. M. TO 4:30 P. M." (see resolutions). 6. on motion of counci].raan peterson, seconded by councilman Balfanz the superintendent of public "orks, the city coordinator and the Bngineer were instructed to contact the county and the ho.pital and have plans drawn for the proposed pa:tking lots on the west side of Greeley street. 7. On JII:ltion of councilman peterson, seconded by Councilman Balfanz the council set the date for the puJ:llic hearing on t.he special Use permit for JaDlBS Becker. eelse NO. 164 for MaY 21, 1974 at 7:30 P. M. COHSULT'tNG ENGTURRR' S REPORT 1. Mr. Blliott reportea that he forwarded to the corp of Engineers the Dike Report and the Northeast SW8r study to the Metro se~r 8Oara. TheSewer soara has requested ten mOre copies of the sewer study and he forwardea these additional copies to them. The r.orp of Engineers has indicated soDlB interest in the aikB project. 2. ME'. Blliott reportea that the roof drain survey is going along okaY ana 5"" of the people in the downtoWn area have complied and. the resiaential is doing fine. On motion of councilman Peterson, seconded by Councilman Balfanz the Director of Public works was instructed to contact all the persons who have roof drains who have not made arrangements to get them off the systera requesti.ng them to do so. CO~J!l!: REPORTS PUBLIC SAFETY meroo to the Fire Chief regarding It will be necessary to budget 1. The the for city coorainator waS directed to send a "page system'" for the Fire Department. this for next year. 2. On motion of councilm- Petersc.on, seconded by councilman Balfanz a resolution was introduced "ACcEPTING THE LOW QUOTE FROM ERICI<SON POST FOR TIlE 1974 GALAlCI WAGON AT A PRICE OF $3,150.00 WI'l'H TIlE TRADE-IN OF THE 1967 FORD PICJ<<1P". (see resolutions) 3. The city coordinator is to contact the owner of the Jubilee I regarding the matter of where theY are parking. . ! ..." . r 176 (MaY 7, 1974 - continued) . ,. , . PUBLIC WORKS 1. On motion of councilman Peterson, seconded by Councilman Balfanz,Mr. Elliott was instructed to contact Pedrson Bros. asking him to replace and put in missing sod from the sidewalk project of last year. 2. On motion of councilman Peterson, seconded by Councilman Balfanz the Director of Public Works and the Consulting Engineer were instructed to check out the erosion problem at the Hobson resident on Hillcrest and make a rec:onwendation at the next council meeting. 3. A discussion was held regarding sidewalk improveMnts for 1974 and it was decided to make a survey of the bad sidewalks and then setup a project. 4. On motion of Councilman Peterson, seconded by councilman Balfanz the Director of Public: Works was directed to board up the Schuster Home on Carnelian Street in order to keep the children out and avoid a possible lawsuit. 5. On motion of Councilman Peterson, seconded by Councilman wohlers, the City Attorney was directed to send a letter to the people at 207 North Third Street giving them a thirty day notice to remove said property. (Vote on the P'Dtion - Ayes PetersoQ., Wohlers, Powell Nays -- Thompson, Balfanz) ADJl11\1ISTRATIVE No report PARIeS AND RECREATION 1. They are still shorthanded in the parks Department for Labor. eu'\!' ATTORNEY I S REPORT 1. He is 'WOrking on the annexation and is taJJtng wi th the people in the area. ORDINANCES Second re~ding8 - AND ORDINANCE AMENDING ORDINANCE NO. 428, AN ORDINANCE GRAIl'rING A CABLE TELEVISION FRANCHISE. AN ORDINANCE AMENDING ORDINANCE NO. 426 OF THE CITY OF STILIJi'ATER RELATING TO FEES FOR GARBAGE AND RUBBISH COLLECTION IN THE crn OF STILLWATER. RESOLt11'IONS The following resolutions were read and on roll call were unanilOOusly adopted: 1. Ordering Improvement, ordering Final plans and Specifications and Directing the Clerk to Advertise for Bids. - Local Improvement No. 120. 2. Amending Resolution No. 5060, Authorizing the Purchase of Standby Generating capacity - Brick Street Lift station 3. Executing Contract with Stillwater sanitation for Garbage and Rubbish Service 4. Accepting Low Quote for Repair of storm Sewer from Lake Drive to Lily Lake - McDonald & Associates, St. Paul , . ~ '-- '- . . \ . ~ . . r · . ~. a - v . ~~ . (May 7, 1974 - continued) 5. Employing Tom Johnson and Glenn Hanson as Police Reserves 6. Authorizing Change Order - Dependable Surfacing Co~ (Surfacing for parks) 7. Employing Douglas SWanson as a Police Officer 8. Execution of a Cooperative Purchasing Agreement with the State of Minnesota 9. Employing Howard Anez as a Weekend Caretaker for Lowell and Pioneer Parks 10. Directing the payment of the Bills. 11. Authorizing the Installation of No parking Signs on South Greeley St~eet from West Abbott to the South driveway of the Lily Lake Park 12. Accepting the Low Quote from Erickson Post for the 1974 Galaxi wagon for the Police Department An.mrlD~ On motion of Councilman Wohlers, seconded by Councilman Thompson the meeting adjourned at 10:55 P. M. ~-e7L2eeg Mayor ..u.&.Du~ U}fJ City Clerk 1-i7~. , . ,. . .