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HomeMy WebLinkAbout1974-08-20 CC MIN .. . . ~ 1""""\ ( , ...." . . . . --"--."--", 223 ') ..~ COUNCIL CHAMBER Stillwater, Minnesota August 20, 1974 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; City Attorney, Kimmel; Superin- tendent of Public Works. Shelton; Public Safety Director, Abrahamson; Director of Parks and Recreation. 81ekum; Consulting Engineer, Elliott and Newquist and Inspector, Becker Press: Stillwater Evening Gazette - Douglas Seitz Citizens: John De Curt ins , Jr., Francis Rice, Mrs. Minnie Juh!, Mrs. Grover Simms, Mrs. Clyde Clayton, Dave Bixler, Bill Hahn, Clark Nyberg. Tom Gerson, Michael H~. Minnie Juhl, Wade Green, Francis Zimmerman, George Kutz. Dick Ulrich, Melvin Swanson INDIV1DUALS-DELEGATIONS-PET1T10NS 1. CLARK NYBERG, from the Jaycees appeared before the Council requesting permission to hold a one day circus un the City Property just south of the Lily Lake Park. He is going to meet with the Recreation Commission to finalize this matter and also Mr. Abrahamson was requested to attend this meeting to take care of the policing. On motion of Councilman Balfanz, the Council approved the use of that land for the King Bros. Circus, subject to the approval of the Recreation Commission, the City Attorney and the Director of Public Safety. 2. This was the day and time set for a public hearing on the proposed assessments for Local Improvement No. 118 (Croixwood Fourth Addition _ water. sanitary sewer and storm sewer) . \ ~ Notice of the public heariDg was published on August 5, 1974 in the Stillwater Gazette, the official publication of the City and a copy was mailed to the property owners proposed to be assessed. The Mayor opened the hearing. No one appeared in regard to this proposed assessment. The Mayor closed the hearing. On motion of Councilman Peterson, seconded by Councilman Balfanz a resolution was introduced "Adopting the Assessment Roll for Local Improvement No. 118 and setting the rate of interest at 6% and payment period is to be spread over a three year period." (see resolutions). 3. This was the day and time set for a public hearing on the proposed assess- ment for Local Improvement No. 108 (1973 Sidewalk Improvements). The notice of hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on August 5, 1974 and a copy was mailed to the property owners proposed to be assessed. The Mayor opened the hearing. Several of the parties to be assessed were in attendance, but there was no objection voiced at this time. The Mayor closed the hearing. . . 224 . . \ . August 20, 1974 - continued On motion of Councilman Peterson. seconded by Councilman Balfanz a resolution was introduced "Adopting the Assessment Roll for Local Improvement No. 108 and Setting the rate of Interest at 5.75% and the payment period is to be spread over a ten year period". (see resolutions). 4. This was the day and time set for a public hearing on the proposed assess- ment for Local Improvement No. 111 (1973 Street Matting). The notice of hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on August 5. 1974 and a copy was mailed to the property owners proposed to be assessed. The Mayor opened the hearing. MRS. MINNIE JUHL, 136 South Holcombe Street, asked about the abutting properties that were stated in the notice of hearing and this was explained by the Mayor. WAnE GREEN, 116 East School Street, said that he has 19 feet abutting on No~th Second Street and his assessment is proposed at $942.51 and that he has no access to his home off Second Street and he would have to drive th~ee blocks to enter this property from Second Street. MR. KIMMEL stated that in the past the Council has assessed certain lots that did not abutt the street and they were levied a unit assessment cODlparable to the benefit from the improvement based on the entrance to their home or property. Since School Street was vacated this would mean he would not abutt on any improved street in the City. MR. GREEN added that School Street is a gravel street only about 20 feet or less in width and doubted that it would be improved. COUNCILMAN PETERSON said that there has been this situation three or four times in the past and the Council has assessed non-abutting properties. He did not feel that Mr. Green was being fair in aonating five feet of his property to the State to avoid an assessment on Second Street. MR. GREEN said that these are not buildable lots on this portion of his proPerty. CO~CILMAN PETERSON asked what his request was - abatement of the assessment in total or what was the request and MR. GREEN said he would like to talk 8bo~t it - he did not feel that he should pay this full assessment and he would be reasonable about it. MR. MARSHALL stated that if this was figured as a corner lot and if School Street would be opened up he would be assessed the full amount for that street- it is highly unlikely that School Street would be improved and Mr. GREEN should pay for an assessment on Second Street. MAYOR POWELL said that Harry Peterson was assessed for 300 feet or an assess- ment of $1,300.00 and it does nothing for his property, and since Laurel Street would not be improved then he would never be assessed for a street. He stated that it is unfair for someone to live in town and not be assessed for the improvement of any street and it will have to be Council decision whether or not it is proper to assess MR. Green the $942.51 for this street. The street work and assessments are to a very large degree all through with and that the City does have all the streets in and have the sewer and water in ~less someone petitions and wants it in a certain area. We are unable to do this on a General tax levy since the City is limited to the number of mills they can levy so they must assess for this work. FRANCIS ZIMMERMAN, 609 West Willard Street,stated that the estimate at the time of the hearing at the High School was $3.00 per foot. MR. ELLIOTT said that the estimate after the bids were taken was $4.85 and the engineer's estimate was $3.49 which was considerable over the estimate and they did endeavor to reduce the assessment and it was reduced to $4.35. MAYOR POWELL added that any street in the storm wattr separation that was in good shape and had been dug up they were repaired in a condition that would not require it to be reconstructed or matted will not be assessed _ this was a part of the separation project costs. The ones that had to be matted or reconstructed were recommended by the Consulting Engineer. '- '- . . \ I . . . .~ August 20, 1974 - continued . MR. ZIMMERMAN questioned the reconstruction of Willard Street _ he felt that a matting would have been ample. MR. ELLIOTT said that if there is certain types of cracking and they mat the street, the people would be back within a year as the street would breakup again. If there is an area where there is a fifty foot stretch which could possibly get by with matting and 350 feet of really bad street, it is prudent to reconstruction of the entire area. ,~ MR. ZIMMERMAN said that he complained about this at the hearing and he felt that the Council and the Engineer should have taken another look at the condition of the street and nothing was done about it. COUNCILMAN PETERSON stated that some of the streets and portions of other streets were deleted after this hearing. MAYOR POWELL stated that the City had a five year program to work around and the separation program and this was combined this was the last of the five year program. The City is going around and seal coating the streets which were done the past few years with the use of Revenue Sharing Funds and will not be assessed. The Council feels that they have a good program going and it is true that it costs money. MR. ZIMMERMAN suggested that the improvement hearings be held before winter sets in so that the Council could check out the complaints before making their decisions. MR. MARSHALL said there was not much work to be done and we had to go on it in order to complete the separation project by the deadline set. DICK ULRIOH.322 West Sycamore Street, asked for an explanation of matting and reconstruction and MR. ELLIOTT said when there is evidence of a sub- base failure, then it is necessary to reconstruct and it is all based on experience in the field. MR.. ULRICH posed f..,rther questions as to what they look for and MAYOR POWELL said they w(':;..-k on the engineer's recommendations and certain areas are perpetual frost boils. MR. ULRICH asked if they did not consider the cost and the traffic and make a traffic count. and MAYOR POWELL said they haven't done a street in town that someone hasn't felt it should be done and the cost was too high. Stillwater was noted for its terrible streets and the Council felt that it had a oral obligation to the people to have the streets done. MR. ULRICH felt strongly that the Council should show the traffic count on a street in order to determine whether it needs a mat or reconstruction. In the future he felt that the Council should do a little more on their own and not rely on the engineer. MR. ELLIOTT said the matter of traffic counts are taken on Minnesota State Aid Streets only and a great share of this traffic on all streets are school busses and garbage trucks a~d the greatest road average daily for vehicles is not the test for the repair or reconstruction of streets. V' MR. GEORGE KUTZ, 705 South Holcombe Street. thanked his neighbor, Mr. Francis Zimmerman for appearing and voicing his objections on the project. MRS. CLYDE CLAYTON, 324 North Fourth Street, stated that there was damage to their driveway on Linden Hill and asked that something be done about this, which was noted by the engineer. The Mayor closed the hearing. On motion of Councilman Peterson, seconded by Councilman Thompson resolution was introduced "Approving the Assessment Roll for Local Improvement No. III with the exception of Mr. Wade Green's assessment and setting the interest rate at 5.75% and the payment period for ten years. (see resolutions) THE MAYOR DECLARED A RECESS FROM a,30 TOa,40 P. M. . . . , 225 \ . J . . 226 . August 20, 1974 - continued S. This was the day and time set for a public hearing on the proposed assess- ment for Local Improvement No. 117 (North William. South Sixth Street and West Ramsey water and sewer). The notice of hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on August 5. 1974 and a copy was mailed to the property owners proposed to be assessed. The Mayor opened the hearing. MRS. JOSEPH ROACH. 422 West Hickory Street, stated that she had received two notices with two different amounts of assessments and she did not feel that she should be a part of this improvement. (Mr. Elliott and Mr. Kimmel checked this matter out and found that this notice was sent in error and would be sent to the correct property owner) MRS. MINNIE JUHL. 136 South Holcombe Street, had a sewer assessment notice and she was informed that there was no sewer work done in that area but there was a water improvement. She further stated that she lives at the southerly edge of Holcombe Street and gets her water from Olive Street and she has had no trouble with same and felt that the water improvement in Ramsey Street would be of no benefit to her property. MAYOR POWELL said there are private lines that run through backyards - they are lines that somebody wanted and which are not a part of the total system. Such parties paid no assessment to the City of Stillwater or the Water Department and they are not of the complete system including the hydrants. MRS. JUHL said this line is suppose to last fifty years and she has not been connected that long and did not feel that she should pay for this new service since she would receive no value from it. MAYOR POWELL said such lines were put in to expedite building in g1 ven areas - some day somebody will use it. MR. ELLIOTT said from the records from the Water Department they indicated that there had been several repairs on South Sixth Street where the one inch galvanized line had been repaired and the records indicated that her property was served off Olive Street. There were several problems regarding the assessments on this project which the Council felt had to be resolved before the assessment roll could be adopted. On motion of Councilman Peterson. seconded by Councilman Balfanz, the hearing on Local Improvement No. 117 be continued until September 17, 1974 at 7:30 P. M. 6. This was the day and time set for the public hearing on the proposed assessment for Local Improvement No. 112 (1973 watermains). The notice of hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on August 6. 1974 and a copy was mailed to the property owners proposed to be assessed. The Mayor opened the hearing. MR. MELVIN SWANSON, 318 West Sycamore Street, sa?d he would not be hooking up to the watermain, since he is hooked up through his back yard and which takes in Nicklay, Knowles and others and if they dis- connect this line then nobody is going to have water back there. He did not feel that he should pay for this line until the people in back of him had a line in and paid for. MAYOR POWELL said if that line does ever break they would not be able to use it any longer. The people on Martha Street did not want it, but some day it will have to be there and they will have to dig up that street to put in, and these people know that. This is an improper hook~p and you have contributed nothing to the total water system of the City. MR. SWANSON said that he will pay when the others pay as well and the same applies on Moore Street - when you are digging in there the City could put in the full main which abuts their property and assess them. MAYOR POWELL said you are 3eing assessed now because we can't assess them later and some day they will get it. MR. ULRICH voiced objection to the wattrmain proposed to be put in there and MR. MARSHALL stated that the main is already in. MR. KIMMEL stated that as far as the assessment hearing this evening this . . \ ' .'~,. '- . . . . August 20, 1974 - continued 227 ~ Council is not concerned as to where future watermains run until they are built. The total project is an overall project and the question is whether the line benefits certain properties. The Council must determine a present benefit and assess you. There is no way under the law that the Council can defer an assessment. If the line goes in front of your property, it benefits your property and you must pay for it. MR. SWANSON still insisted that when it goes into Moore Street he will pay for it. MR. ELLIOTT said that the property is benefited by the improvement and it has nothing to do with Moore Street. Should this private line fail, then they would have to dig up Moore Street or go in the boulevard with the line. THOMAS PLACZEK, 313 West Sycamore, said that this private line is a copper line and not a galvanized line. I~ MAYOR POWELL said everybody should pay their fair share of the water system cost and the prices go up as everything else goes up. To get a private line was done to expedite certain houses at a certain time. No one can put in a private line now and when private lines were put in these people did not pay any assessment to the City. These parties paid a plumber to put it in and it was allowed by the City Council in those days in order to get some building going. MR. KINMEL _ it is the Council's present policy not to permit the replacing of private lines for the reason already stated by Mayor Powell. STANLEY SCHEEL, 303 West Sycamore. stated they put in two services to his property and felt that he should not be assessed for the other one since that portion of the property is not buildable, or have it deferred. MR. KIMMEL said that it is not possible to defer the assessment but the Council can abate same. The City could enter into an agreement with Mr. Scheel that no building permit be issued for that lot and that those five lots would not be more than one building lot. MR. SCHEEL said it is impossible to build on the balance of the area and MR. SHELTON agreed that the lot drops down into the ravine. (The Council agreed that some abatement should be made for Mr. Scheel for this second stub-in and Mr. Scheel was agreeable to sign a statement) MR. MARTIN HANSEN. 402 North Second Street, said he is on a private line also. and he questioned the property on the east side of North Second Street and whether or not they are being assessed for this watermain. MAYOR POWELL said in some cases the houses are on more than one lot and they are are assessed for stub-ins by the unit. This property is City property and the City will pay their share for the stub-in to the City property. (After checking the assessment roll it was found that the City is paying their fair share of this assessment) GARY FIEDLER, 424 North Fourth Street. inquired about the hookup charges to the house _ he is on the corner of North Fourth and Cherry and he is connected on Cherry Street. MAYOR POWELL said this was an error and this should be corrected if he is connected to Fourth Street and will have to be checked out. \ ..1 MICHAEL RAMP, 222 West Cherry Street, questioned the cost of the watermains on the various types of streets, that is reconstruct and matted streets and Mr. Elliott responded on this matter. MR. RAMP asked why they did not put this in Cherry Street at the time of the Sewer Separation and MR. ELLIOTT said that street was just restored to the old condition and ',;'8,S not a totally reconstructed street. ROBERT MOLENDA, 114 Eas t Linden. asked whether his property was conn"; ~ed to the main on Linden Street and he was instructed to check with the Water Department. . ----.,., I. e . " . . . I 228 August 20. 1974 -continued . MRS. JULIUS BERG, 511 South Martha, asked what the $1,071.73 covered that appeared on her hearing notice and she was told it was for the watermain and she would receive another bill for the street work, and she would receive a notice of this hearing. She asked about the cost of the street and it was estimated to be about one thousand dollars for her lot. JOSEPH F. O'BRIEN. 320 North Second Street, stated he had four lots on North Second Street but three of them are not buildable until he can get a reasonable entrance to them off Mulberry Street. He is agreeable to an assessment on the old home - he does not intend to ever build on Lots 3. 4 and 5 unless something can be done through the Mayor's effort to rectify the conditions on Mulberry Street through litigation or change of ownership on Lot six(6). MAYOR POWELL said that this problem was of some magnitude and it would take some deliberation and suggested that the Engineering Department along with Mr. Kimmel and Mr. Marshall review that and see if it is correct or incorrect. COUNCILMAN PETERSON said the property is buildable and the stubs have been made and the question of buildable lots and being assessed and he felt the assessments should be made. MR. SWANSON asked when the dips in the street would be repaired and the inspectors made a note of this complaint on Sycamore Street. MICHAEL RAMP. stated that there are pieces of the curbing damaged and asked if the City was still withholding some money. (The engineer made a note of the damage of the curbing on Cherry Street). DENNIS MURPHY, 303 North Fourth Street, complained about his driveway entrance and the trees that were planted in the boulevards. MRS. HAZEL CLAYTON, 309 West St. Croix Avenue, (represented by her daughter- in-law) said she has no money to pay for this assessment and asked what could be done and MR. KIMMEL asked that she come down to his office and he would be glad to discuss this matter with her. The Mayor closed the hearing. On motion of Councilman Peterson, seconded by Councilman Balfanz a resolution was introduced approving the assessment roll for Local Improvement No. 112 and setting the interest rate at 5.75% and the payment period for ten years. (see resolutions) 7. On motion of Councilman Balfanz, seconded by Councilman Peterson the City Coordinator was instructed to proceed with the preparation of the assessment rolls on Local Impovement Nos. 97, 109 and 110 using an interest rate of 5.75% and the payment period of ten years. 8. JOHN POMINVILLE appeared before the Council regarding his claim for $44.00 the balance on a sewer damage claim. The total claim was $774.32 and the insurance company paid $730.32 after Mr. Pominville signed a waiver on the agreement. MR. KIMMEL _ the Council can pay if there is a legal obligation - the insurance company has to be our legal obligation on these matters. This almost borders on a willful act but it is not and questioned why the insurance company did not pay the $44.00. MR. POMINVILLE SAid the insurance company did not feel that the luggage was worth the $~4.00 and there was a problem with the figure put in the claim for lab~r. He did compromise on the labor. It was his understand- ing when he met with the Council on this, that whatever the insurance company would not pay that the City would pickup. COUNCILMAN PETERSON said that it was his understanding at the time that if Mr. Pominville's insurance company would not pay, the Council would turn the claim over to the City's insurance company. MR. MARSHALL said if your insurance company refused to pay anything we would pick it up. . . . ,,"'0 \ 1 Ii'''"'' '- , ~ . . . . , ~. ,'-'" - .... I.) August 20, 1974 - continued COUNCILMAN BALF~~Z asked if the balance was basically the labor or the cost of the luggage and MR. POMINVILLE said "yes" and that he settled with the insurance company and signed to take their offer since he was under the impression that the City would settle for the balance. MR. KIMMEL said if we would have settled with you, we would have done the same as the insurance company it is kind of a difficult situation. The City's can't pay unless we have some legal basis on which to base it. Mr. Pominville by signing the release absdves the City of their liability. On motion of Councilman Peterson, seconded by Councilman Balfanz, the Council will review this claim and make a decision on September 17, 1974. UNFINISHED BUSINESS None NEW BUSINESS 1. The matter of the request from the officials of St. Croix County regarding the use of the Legion Beach will be discussed at a special meeting with the City Councilor a representative and come back with a recommendation. (City Attorney is to contact St. Croix County officials to see what they have in mind for this area). 2. On motion of Councilman Peterson, seconded by Councilman Wohlers action on the request from Robert Steindorff to vacate a sewer easement on vacated Maryknoll Drive, south of Oakridge Road, was deferred until September 17th. 3. On motion of Councilman Peterson, seconded by Councilman Wohlers a resolution was introduced "Establishing a 'No Parking' Zone on Hickatry' Street extending 100 feet west from its intersection with North Fifth Street". (see resolutions) 4. On motion of Councilman Balfanz, seconded by Councilman Wohlers a resolution was introduced "Creating a Library Trust FundI!. (see resolutions) 5. On motion of Councilman Peterson, seconded by Councilman Balfanz a resolution was introduced "Requesting Examination of Accounts and Affairs and Authorizing the Mayor and the City Coordinator to enter into an Agreement with DeLahunt Voto & Co., Ltd. (see resolutions). 6. On motion of Councilman Peterson, seconded by Councilman Balfanz a resolution was introduced "Authorizing the Installation of Stop Signs at the Intersection of West Pine Street and South Owens with Owen Street being the street to be stopped." (see resolutions). APPLICATIONS On motion of Councilman Balfanz, seconded by Councilman Wohlers the following Contractor's Licenses were approved: John A. Dalsin & Son 2421 Bloomington Ave., Minneapolis 55404 Roofing Renewal The Quimby Co. 2173 Kasota Ave., St. Paul 55108 Roofing Renewal Andrews & Sons Roofing 612 Summit, St. Paul Park, Mn. 55075 General Renewal Markfort Construction Co., Inc. 1830 Desota St., St. Paul Masonry & Brick Work Renewal On m')t~.on of Councilman Balfanz, seconded by Councilman Wohlers "On Sale and Off Sale 3.2 Beer Licenses were approved for Miriam L. Tobiassen (North Hill Oasis Station), 1101 North Owen Street, Ctillwater. (renewal) 229 ..-........ . .. I . I I . . . . 230 . August 20, 1974 - continued COMMUNICATIONS From Gordon Moosbrugger. Attorney for Stillwater Township, informing the City of Stillwater that Stillwater Township has withdrawn their objection to the annexation of the Benson Property. (no action). From Rod Lawson in behalf of Ralph Winkler, 110 East Mulberry Street con- cerning the removal of an elm tree. Jack Shelton, Ray Marshall. and Rod Lawson will meet on this matter. From Lyle J. Eckberg for Paul Glaser, dba Glaser's Service Station VB. City of Stillwater and Orfei & Sons. Inc.. and Northwestern Bell Telephone Company regarding loss of business during street construction during 1973. CONSULTING ENG1NEER'S REPORT 1. On motion of Councilman Peterson, seconded by Councilman Balfanz a resolution was introduced "Approving Estimate No. 2 for Keller Con- struction for utilities in the Croixwood Fifth and Sixth Additions in the amount of $82,210.41. (see resolutions). 2. On motion of Councilman Peterson, seconded by Councilman Balfanz a resolution was introduced "Approving the Plans and Specifications and Directing the Clerk to Advertise for Bids for Local Improvement No. 124 (1974 streets and utilities). (see resolutions). COMMITTEE REPORTS PUBLIC SAFETY 1. On motion of Councilman Peterson, seconded by Councilman Balfanz the City Coordinator was instructed to add to a previous resolution that the northerly most "No Parking" sign on South Greeley be removed as recommended by the Police Chief. (see resolutions). 2. Discussion was held regarding the new recall system which is being used on a trial basis. PUBLIC WORKS No report PARKS AND RECREATION 1. On motion of Councilman Wohlers, seconded by Councilman Balfanz the Council authorized that the Parks Department make the necessary improve- ments on the Bonse property using the low quote from E. & H. Construction in the amount of $4,129.57 and the installation of a fence at the estimated cost of $1,600. (The other quotation received for this work was from Swager Bros. in the amount of $5,990.00.) ADM1N1STRATIVE No report CITY ATTORNEY'S REPORT 1. Discussion was held regarding the easement for sewer and water for a home on Inter1achen Drive and he requested that this party be deleted for the sewer assessment only when the improvements are in. On motion of Councilman Peterson, seconded by Councilman Balfanz the assessment is to be deleted on the sewer easement on this particular piece of property. . . ".., i-,i .,~<V~ ..... . '- . r-, . . r') - o August 20, 1974 - continued MISCELLANEOUS 1. On motion of Cour~ilman Peterson, seconded by Councilman Balfanz the Public Works Director was instructed to contact NSP to install a street light on Moore Street. ORD1NANCES None RESOLUTIONS The following resolutions were read and on roll call were unanimously adopted: l. 2. 3. 4. s. 6. Payment of Bills - Austin Keller Construction, Local Improvment No. 120. Adopting Assessment Roll Local Improvement No. 108. Adopting Assessment Roll Local Improvement No. 111. Adopting Assessment Roll Local Improvement No. 112 Adopting Assessment Roll Local Improvement No. 118 Audit Agreement - DelaHunt for 1974. 7. No Parking Signs - Hickory and Remove No Parking on South Greeley Street by Churchill and Abbott Streets. 8. Stop Sign Installation - Owen and Pine 9. Creating Library Trust Fund 10. Approving Plans and Specifications and Directing the Clerk to Advertise for Bids. Local Improvement No. 124. ADJOURNMENT On motion of Councilman Balfanz. secohded by Councilman Wohlers the meeting adjourned at 11:15 P. M. 9t)~;L~ ~ ~~< Atte t. .. a~ LP.l City Clerk 231 \ ) . . .