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HomeMy WebLinkAbout1971-04-20 CC MIN . . . f"" ~ ". - I'~ - '....,; .. """ 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 None 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 ~ 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. 49 . . . . . . 50 (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 r r-, \."'y L' '- . . . . (April 20, 1971 - continued) . I'"' . - 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. r- 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. L.'''''''' 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. '-" 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. -../ 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. - ',,-, . 51 . .t . \ t "" . . . 52 . . (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. r c .-- "- , '- . . " . . . r" - r b",,~ i""" '"" , '-' - . '-' (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? . 53 . . . . 54 (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. r (' >--- ~ L '- . . . . . . I'"' - ,--, - l~ ;~ ... -..J - v (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) 55. . . . 56 .\ (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. r r , l '-- . . . . . r- ~ n ... k~ "'" i- ',-" ... . v (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. 57 . . . . . 58 . , . (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 . r . c r- "-- c '-