HomeMy WebLinkAbout1971-04-20 CC MIN
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COUNCIL CW\MBER
Stillwater, Minnesota
RBGULi\R MEETING
April 20, ~ 971
7:30 P. M.
The meeting was called to order by President Powell.
The Invocation was given by Acting City Clerk, Schnell
Present:
Absent:
Also Present:
Press:
Citizens:
Councilmen Balfanz, Lammers, Peterson, Wohlers and
President Powell
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Acting City Clerk, Schnell, City Attorney, Kimmel: Super-
intendent of Public Works, Shelton; Public Safety Director.
Abrahamson; Director of Parks and Recreation, BIekum;
Consulting Engineer, Elliott; All the members of the Public
Safety Department
St. Paul Dispatch - Jim Walsh
Stillwater Evening Gazette - Roger Gratiot
WAVN - Mike McGrath
William Crowley, Francis Quick, Mark Germain, David Glasspoole,
Howard Albertson, John Lux, Rudolph Johnson, John Wirsig,
Henry Johnston, Robert Eardley, Charles Hooley, Dr. Duane
Nelson, John Herschleb, Lyle Anderson, Nicholas Nelson, Hazel
Bonse, R. D.Farley, Gordon MUeller
DELEGATIONS OR INDIVIDUALS
Francis Quick and William. Crowley of the American Legion Post No. 48 presented
Certificates of Appreciation to the following members of the Public Safety
Department:
POLICE
Wallace Abrah~
v. J. Gedatus
Alfred Roepke
Ronald Johnson
David Knefelkamp
Robert Conley
Donald Beberg
Timothy Bell
Ken Schreffler
Rc:.bert Bosse
Richard Ulrich
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Paul Williams
John Clarey
David ColOmbo
John Schoen
Gordon Se im
MARK GERMAIN appeared before the Council requesting an extension of 30 days to
remove or tear dnwn his home at 2015 North 1..ake Street in accordance with a
recommendation from the Building Inspector lnd the Director of Public Safety
and Council action of April 6, 1971.
On motion of Councilman Lammers, seconded by Councilman Peterson
the Council granted permission to Mr. Germain for an additional
30 days for the removal of hi.;. house at 2015 North Lake Street.
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(April 20. 1971 - continued)
DAVID GLASSPQOLE appeared before before the council in reference to obtaining
a building permie to build a home on unplatted property in Penthouse Acres.
On motion of Councilman Lammers, seconded by councilman Peterson
the Council granted a variance to David Glasspoole for a building
permit for this building lot of less than five acres and if sewer
~na water services are put in this area, Mr. Glasspoole will be
~asessed for same, and no further permits will be granted until
Mr. Leitte presents a plat of the area to the city council for
approval.
UNFINISHED BUSINESS (out of order)
This was the day and time set to open sealed quotations for the repair of the
Main Street, Willard and Chestnut Street Stair..
The Acting City Clerk read the notice to bidders aloud.
The following quotations were then opened and read aloud:
~I)tation No. 1
George W. Siegfried
Lake Elmo, Minnesota
Main Stree~ Stairs
Willard Street Stairs
Total
$2.400.00
$ 400.00
$2.800.00
Add Alternate
Chestnut Street Stairs
$4.440.00
Quotation No.2
Krueger construction Co.
Circle Pines, Minnesota
Main Street Stairs
Willard Street Stairs
Total
$2,826.00
$1. 568.00
$4.394.00
Add Alternate
Chestnut Street Stairs
$3,970.00
Quotation No.3
Pederson Bros. Cement Contractors, Inc.
St. paul, Minnesota
Main Street Stairs
Willard Street Stairs
Total
$4.840.00
S 970.00
$5.810.00
Add Alternate
Chestnut Street Stairs
$4,960.00
Quotation No. 4
Lawrence LeTourneau
Stillwater, Minnesota
Main Street Stairs
Willard Street Stairs
Total
$1.500.00
S 250.00
$1,750.00
Add Alternate
chestnut Street St~irs
$2,150.00
Mr. Howard Albertson appeared b~fore the Council
reconstruction of the Chestnut Street Stairs and
time regarding the possibility ot assessing this
owners in the area.
in referen~e to the repair or
discussion was helo at thi~
work to the affected pr~perty
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(April 20, 1971 - continued)
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On motion of councilman Peterson, seconded by Councilman wohlers these
quotations were referred to the consulting Engineer, the superintendent
of Public Works, and the City Attorney for study and recommenaation and
report back at the May II, 1971 council meeting.
UNFINISHED BUSINESS (out of order)
This was the day and time set for a hearing on variances for ABC Developers ane
Builders at 108 North Fifth Street, Case No. 95.
The Clerk read the notice for hearing aloud: the Mayor inquired if the notice
for hearing was published and mailed to the property owners, and the Clerk
informed the Council that the notice for hearing was published on April 7, 1971
in the Stillwater Evening Gazette, the official newspaper of the City, and mailed
to the property owners on April 7, 1971.
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The Mayor then opened the hearing.
No one appeared in opposition or in favor of this request.
On motion of Councilman Peterson, seconded by Councilmc~ Wohlers
the Council followed the recommendation of the Planning Commission
and granted the varia~ces to ABC Developers and Builders for an
apartment house at 108 North Fifth Street.
This was the day and time set for a hearing on proposed assessments, Local
Improvement Nos. 78-79-80-84-85-86-87--1969.
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Sanitary Sewers, watermains, storm sewers and miscellaneous
construction in Pine Tree Trail from West pine to the Southerly
Dead Bndt South William Street from West Myrtle Street to West
Olive Street: Lake Drive from West willard Street to the Southerly
Dead End: West Willard Street from South Brick Street to South
Seeley Street: South seeley Street from West pine Street to West
Willard Street: South Brick Street from West pine Street to West
Willard Street; Crestwoed Terrace from Fairmeadows Road to Inter-
lachen Drive: All streets within the plat of Fairmeadows #3, (except
Laurie court), and the perimeter streets designated as follows:
Darrell Drive from tae Center of Fairmeadows Road to the Southerly
boundary line of Oak Ridge Road, Fairmeadows Road from the Westerly
boundary line of Laurie Lane to the westerly boundary line of
Darrell Drive.
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The Clerk read the notice for hearing aloud; The Mayor inquired if the notice
fOE hearing was publi&hed, and the Clerk informed the Council that the notice
for hearing was published in the Stillwater Evening Gazette, official newspaper
of the City, on April S, 1971, and a copy was mailed to all known property
owners affected on April 2, 1971.
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The Mayor then opened the hearing.
Mayor Powell: It was agreed upon by the Council that the assessment for storm
sewer would not be assessed against the property owners. It will be picked up
by the City _ at the hearing it was indicated that this was a part of the plan.
After the hearing the policy of the City had changed. It was also the feeling
of the Council at this meeting that the 25% that the city would normally pick
up in that year would still be assessed against the property owners. We will
refigure the assessment rolls and lump them all into one and a new assessment
roll will have to be made. I will ask our Consulting Engineer to give you some
ballpark figures and whatever other information he might have.
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(April 20. 1971 - continued)
Mr. Elliott: We review the assessments againAt both the improvements - 78 and
79, 80 and 84, basically Lake, Seeley. Brick ar:d pine Tree Trail and by removing
the storm sewer assessment it would reduce the ,assessments down to about $15.00
per foot and we are not prepared to give you a final figure with our recomputa-
tion of the cost as based upon the abutt~ng benefitted footage. This will be
done and then we can set a new date for this hearing for these improvements
lumped together. By removing the storm sewer costs we can reduce the cost as
the work was all done under the same contractor.
John Lux
617 Lake Drive.
Whe~ will these assessments be certified?
Mayor powell: Not until after the hearing.
Mr. Kimmel: They will not be certified until October 10th. You have 30 days
to pay after it has been approved without interest and prior to october 10th
you can pay with interest to the date of payment. If it is the intent of the
council to amend the assessment rolls. they could continue the hearing.
Mr. Blliott: I could have it ready for May 25th.
Mayor Powell: We will continue this hearing until May 25th. There will be a
notice in the paper on the front page rathEl[' than another legal notice of
hearing.
Rudolph Johnson
611 Lake Drive
We already have sanitary sew,er and water ano we are being assessed again.
Mayor Powell: There were some hookups from the line to pieces of.property.
Mr. Elliott: If this is an incorrect charge to you, we will review them with
you, if we may.
John Wirsig
524 South Brick Street
When we were here before it was then estimated at $8.00 - it is now $15.00. I
am wondering if the engineer has some comments on the discrepancy.
Mr. Elliott: The storm sewer has been discussed.
Mayor Powell: The first hearing is. should the work be done - the assessment
hearing is for the cost.
Mr. Kimmel: At the time of your hearing you were told the City ~ould pay
25% of the construction costs. It was sometime after this - the same Bummer -
that the city changed its policy. You were not notified of this. The original
hearing is not determining the amount of assessments.
Mr. wirsig: The policy that was explained to us, this was mentioned. I don't
see why I should be assessed for it.
Mayor Powell:
Somebody will
the 75%. The
Somewhere in the point of time you have to make the change.
have to pay the whole and somebody was fortunate enough to pay
main thought was that we couldn't afford to do it any longer.
Mr. Wirsig: I have been saving enough to pay the $8.00 but not enough to pay
$15.00~ We are kind of in a bind.
Mayor Powell: A lot of people pay on the time payment plan. You are one of the
few fortunate enough to do this.
Mr. Wirsig: I don't feel it is fair and we had another hearing, I would have
no objection. I don't feel this is quite fair.
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(April 20, 1971 - continued)
Mayor Powell: We did have 25% paid by the City - we had at that time have
a city Engineer - l~ for engineering costs. We did the inspecting ourselves.
We found it was somewhat of a luxury. We have engineering costs, we have
inspection charges. We, also in this particular street program, had a lot
of side yard assessments - these side yards pay 35% and the rest of it is put
back into the total cost so that would tend to increase it.
Mr. Wirsi;: I would like to bring to the Council's attention, at the time
of the hearing on our streets, I specifically asked the question why we had
to have the deluxe treatment. It was Itated this is our policy on improvements
in Stillwater. However, on April 30, 1970, the city council passed upon a
thing that states that the street improvements would be cut down.
Mr. Elliott: This was in the quarry area where the complete cost was pro-
hibitive _ something like $75.00 per foot and we did 90 to a bituminous
curb and gutter for drainage in this area.
Hank Johnston
1619 West Pine (Pine and Seeley)
Along Seeley to Brick about 30 to 40 feet has pulled away from the blacktop
along the curbing. This is on Seeley beb.~een pine and willard on the East
side of the street.
Robert Eardley: How did you arrive at the sewer and water to be put in to the
lots? HOW did you go about this? I don't intend to build on it. I feel 1
should have been approached and given a price and sorne idea I was going to be
assessed for this.
Mayor powell: In. the future anytime a street hearing is .1eld this will be
discussed. It was understood that this would be done. on buildable lots that
has to be done - the total cost is divided by the number o.t' extensions put in.
Mr. Elliott: The information I have it was mentioned at t.he hearing tha t the
cost would be $3.03 and the final cost is some $300.00.
Mr. Lux: Have you looked at the storm sewer on Lake Drive?
Mr. Elliott: The outlet was frozen. This was due to the high level of the
water _ it was 6 inches above the waterline, but now it is below the lake level.
Should t.his continue to occur, we may have to remove a section of the pipe. Also
the manhole at this point was leaking. There is a manhole in the boulevard.
We will keep our eye on it.
Charles Hooley
south Greeley Street
Is anything being done to keep the pollutents out of the storID sewers on the
Lake?
Mr. Elliott: There are no filters at all. It is not a practical thing. There
are no communities that do treat storm sewers at the present time.
Mr. Hooley: Aren't there reservior systems for lakes that are used for
recreational purposes?
Mr. Elliott: This is used on occasion. In the matter of pollution in storm
sewers, people are talking about ecology without a price on it. The cost of
treating storm sewer water is prohibitive. Everybody has to get together on it.
Mr. Hooley: It is the only swimming beach in the area. Runn~ng storm sewers
in Lily Lake you are polluting a like that is already polluted.
Dr. Duane Nelson: Can something be done about the ulgy storm sewer that
comes down Brick Street?
Mr. Elliott: That was not constructed that way.
Dr.,Nelson: Could some bars be put on the end to keep the kids out?
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(April 20, 1971 - continued)
Mr. Elliott: That could be done but they would tend to collect the debris
that comes down the drain.
John Herschleb
803 pine Tree Trail
On the steep hill on the West side of the street on pine Tree Trail between
Pine Street and olive there is a hole through the pavement next to the curb.
Lyle Anderson
115 Lake Drive
The contractor forgot to clean up and before it gets worse where the storm
sewer comes down from Pine Tree Trail they graded it wrong and there are two
ditches.
Mr. Elliott: The erosion has always been there.
Mr. Eardley: Are we being asked to pay back for the land condemnations?
Mayor powell: That is the only way you can do it. It is a cost to that street.
Nicholas Nelson
811 Pine Tree Trail
Can you tell me what the ~08t of the land costs were?
Mr. Kinnel; The total cost was roughly $6,000. That includes the original
awards. Tbe~ are pending and might be pending for sometime.
Mr. Nelson: I don't believe that all of the work is done on pine Tree Trail
like resodding alJng some of the curbs.
Mr. Blliott: With the exception of one lot the very South end of the improve-
ment and an amount of money is being withheld for the sodding of that lot. There
i8 no other sodding proposed on it. We are getting him back and we will look at
that, too.
Mr. Nelson: Across the street it is eroding because of no sod.
Mr. Elliott: I would like to state that this sodding is very expensive. We
try to be thrifty in this item.
Mr. Nelson: will the street department come up and look at it and clean that up?
Mr. Blliott: I can't answer for the street department.
Rudolph Johnson: During the course of your improvement sections of concrete
driveways were put in and we paid for these. Last fall someone came back
and was measuring out the area and I told them that we had already paid for
it. Are we being assessed for this?
Mr. Elliott: The man measuring theconc~ete was from our office. The inspector
and also our review man were there and they were aware of the additional part
of the concrete and this was not put back into the project.
(The Mayor declared a recess from 8:50 to 9:08 P. M.)
DELEGATIONS OR INDIVIDUAlS
Mrs. Pat (Hazel) Bonse, 719 West Myrtle Street appeared before the council
regarding the condition of their driveway since the contractor put in South
William Street and they are unable to get in and out of their yard.
Jack Shelton, Superintendent of Public Works, was instructed to
put some dirt in their driveway and they will have to provide
the necessary landscaping to hold the dirt after it is placed there.
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(April 20, 1971 - continued)
R.. D. ~"ARLEY appeared before the Council regardi.ng Auctioneer Permits to
conduct commission type auctions.
Mr. Kimmel reported that the Administrative Committee had
discus sea this at their meeting this evening and they would
like to maintain control of these auctions and reduce the
license fee. Also that a bond would be required for all
auctioneers. This matter is to be checked out through the
League and further action will be taken at the next meeting
on this matter.
PETITIONS
None
UNFINISHED BUSINESS
None
NEW BUSINESS
On motion of Councilman Peterson, seconded by Councilman Balfanz a surety bond
for Lueaken Excavating Co., North St. Paul to dig in City streets was approved
subject to securing the acknowledgment of the principal which was omitted from
this bond.
On motion of Councilman Peterson, seconded by Councilman Balfanz the Consulting
Engineer was instructed to prepare specifications for the removal of the ciike,
for the dellOl1tion of the Everett Street Bridge and compacting the fill and
whatever has to be done, said bids to be returnable on May 4, 1971 at 4:30P. M.
CDT.
APPLICATIONS
on motion of Councilman Peterson, seconded by Councilman Balfanz a Masonry
Contractor's License was granted to Norman wendt, 1180 Rose Avenue, Lake Elmo.
Minnesota under Ordinance No. 448 (new).
On motion of Councilman Peterson, seconded by Councilman Balfanz the following
license8 were g~anted under Ordinance No. 448:
All State Plumbing Co.
6539 Ceda~ Avenue South, Minneapolis
Excavating
(new)
Lorne Gallati dba Luecken Excavating
2861 Minot Avenue, North St. Paul, MD.
Excavating
(renewal)
Herman J. Langer
4157 Omaha Avenue North, stillwater
Masonry & Brickwork
(new)
Lawrence o. LeTourneau
10744 St. Croix Trail, Stillwater
Masonry
(new)
Ray Willard Roofing
Box 254. Afton, MD. 55001
Roofing
(renewal)
Ben H. Zollner
110 S. Sherburne, Stillwater
Cement Work
(renewal)
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(April 20, 1971 - continued)
COMMUNICATIONS
From lone Anderson, 1020 North Broadway, Stillwater regarding blacktopping
of East wilkins Street between First Street and North Broadway. (copies
mailed to the Council - no action taken at this time).
DELEGATIONS OR INDIVIDUALS (out of order)
Mr. Gordon Mueller appeared before the council requesting permission to
drill a well and put in a septic tank at 401 Hazel street.
On motion of Councilman Peterson, seconded by councilman
Lammers permission was granted to Mr. Gordon Mueller to
drill a well and put in a septic tank at 401 Hazel Street
but in the event that sewer and water were put in his street
he would be assessed for same.
NEW BUSINESS (out of order)
on motion of councilman Peterson, seconded by councilman Lammers the date
of May 11, 1971 at 7:30 P. M. was set for the hearing for the Special Use
Permit request by Phil Easton for an apartment on the second floor of the
Gazette Building, case No. 98.
on motion of Councilman Lammers, seconded by councilman Wohlers the City
Attorney was directed to prepare a resolution opposing House File No. 2691.
(see resolutions).
CITY ADMINISTRATOR'S REPORT
None
CBRSULTING BHGINEER I S REPORT
Duane Elliotf.
1. on motion of councilman Lammers, seconded by Councilman Balfanz a
resolution was introduced ordering Local Improvement Nos. 98 and
99, project No.l- Municipal State Aid Streets and Directing the
Clerk to Advertise for Bids, and Ordering Local Improvement Nos.
98 and 99, project No. 2 _ Residential Streets and Directing the
Clerk to Advertise for Bids, said bids to be returnable at 4:30
P. M. CDT, May 20, 1971. (see resolutions).
COMMITTEE REPORTS
PUBLIC SAFETY
No repor't
PUBLIC WORKS
JACK SHELTON
1. The Spring Clean up will be held April 26th l'Ind be concluded on May 7,
1971.
ADMINISTRATIVE
councilman Lammers
1. Committee is working on the computer type machine for the bookkeeping
office.
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(April 20, 1971 - continued)
PARf(S AND RECREATION
COUNCILMAN BALFANZ
1.
Ice time is being scheduled.
2.
On motion of Councilman Balfanz, seconded by Councilman Wohlers a
resolution was introduced employing the beach personnel and park
attendant as follows:
Lifeguards:
Don Gillmore
Glen E1Yig
Dianna Seggelstrom
Mary 30 Frenze 1
substitutes: Kitty cadden
Holly M.. Lambert
Barbara L. Simons
Bradley J. Qualey
Jari Brooks
Susan L. Fritts
catherine Gilmore
Blekum.
Assistant Park Attendant - Lowell Park - Joel
(see resolutions).
3.
On motion of councilman Lammers, seconded by Councilman Balfanz the
following rates for skating memberships was approved:
RESIDENT
$13.10 Individual
$25.75 Family
NON-RESIDENT
$25.75 - individual
$51.50 - family
4. On motion of Councilman Peterson. seconded by councilman Lammers vencHng
machines. other items for the concessions. fixtures and equipment for the
tennis courts. office equipment. equipment for the baseball field and
the bathhouse were approved for purchase for the Lily Lake Development
area, cost of same to come from the Ice Arena Bond Fund as recommended
by the Recreation Commission. (see detailed list in the file).
CITY ATTORNEY' S REPORT
1. On motion of councilman Larrmers. seconded by Councilman Peterson that
the Council will approve the new contract rates as submitted by Blue
Cross-Blu~ Shield with the provision that we pay premiums at the present
rate and when we can budget for the increases we will do that. (Mr.
Kimmel directed to write this letter).
APPROVAL OF MINUTES
On motion of Councilman peterson. seconded by councilman Balfanz minutes of the
following meetings were approved:
March 23. 1971
April 6, 1971
Regular Meeting
Regular Meeting
4:30 P. M.
7,30 P. M.
ORDINANCES
none
NEW BUSINESS (out of order)
1. On motion of Councilman Peterson. seconded by Councilman Balfanz. the city
Attorney was directed to write a letter to the corporation owning the
property and lots on Myrtle and Fourth Streets asking them to clean up
said property. including the removal of the gas pumps.
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(April 20, 1971 - continued)
RESOLUTIONS
The following resolutions were read and on roll call were unanimously
adopted:
1. Amending Resolution No. 4536 Deleting Certain Streets from Local
Improvement No. 98.
2. Employing Raymond Marshall as City Coordinator and Defining the
Duties and Responsibilities of this position. (repass).
3. Order Local Improvement Nos. 98 and 99 and Direct the Clerk to
Advertise for aids. (project No.1 - Municipal State Aid Streets).
4.
Order Local Improvement Nos. 9B and 99 and Direct the Clerk to
Advetise for Bids. (project No. 2 - Balance of the Streets and
Utilities for 1971 - Residential).
s. Favoring Enacting Legislation for the New Court House.
6. Opposing Housa File No. 2691 - pertaining to the City of Stillwater~
7.
Hiring Beach Personnel and Fixing Compensation~
8. Employment of Jeffrey Blekum as Assistant Park Attendant - Lowell
Park.
9. Favoring House File No. 1627. (Establishing a bicycle trail from
Stillwater to Phalen Park).
ADJOU1lNMl!NT
on motion of Councilman Peterson. seconded by Councilman Balfanz the
meeting adjourned at 10:40 P. M.
C37)/fi_'4!~
Mayor
Attest:~ ,_;;;;;::;t;:e ~~
. Acting ity Clerk
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