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HomeMy WebLinkAbout1971-09-07 CC MIN 138 COUNCIL CHAMBER Stillwater. Minnesota September 7, 1971 7.30 P. M. REGULAR MEETING The meeting was called to order by President powell. The Invocation was given by Mr. Marshall, city coordinator. Present: Councilmen Balfanz. Lammers, Peterson, Wohlers and President Powell Absent: None Also Present: City Coordinator, Marshall: city Attorney, Kinnel: pUblic Safety Director, Abrahamson: Superintendent of Public W01:ks, Shelton: Director of Parks and Recreation, Biekum: Consulting Engineer. Elliott: Planning commi..ion Chairman. Arndt Pre..: Roger Gratiot, Stillwater Gazette James Broede, St. Paul Dispatch Mike McGrath, WAVN Citizens: Lloyd Zieske, Al Bergen, Mary Glennon, Gordon . Swa!18tram, Hick Junker, Howard Ford, James Weaver. Harry Froehnei:, Mr.&: Mrs. Douglas Moody, Sharon Fruehlinq. James vinar. Mr.& Mrs. Art Glass. Jack Pelix. Gerald M8tz. Jerry Brown. Jack aelson. Jerold Murphy. P. C. Durocher Dm.RGA.Tl:OII1S AND IIIDIVIDUAIB This was the day and time set for a hearing on proposed Assessments. Local Improvement Nor. 81-88-90-91--1970. The Mayor inquired if the notice for hearing was published. and the Clerk informed the Council that the notice for hearing was published in the Stillwater Evening Gazette. official newspaper of the City. on August 20. 1971. and a copy was mailed to all knOWlI property owners affected on August 23. 1911. The Mayor then opened the hearing. 1. L. I. i81 - Surfacing on East St. Louis Street from Fifth Avenue South to Third Avenue south: Third Avenue South from its Northerly Dead Bnd to Baat orleans Street: Hillcreat Drive from Baat St. Louis Street to Bast Orleans Street: Ba8t Dubuque Street from Sixth Avenue South to Third Avenue South: Bast Burlington Street from Sixth Avenue South to Third Avenue South, pifth Avenue South from its Northerly dead end to Bast orleans Street: ano Fourth Avenue South from its Northerly dead end to Bast Orleans Street. DENNIS BREU. 1318 Third Avenue South complained about the lake on his property since t~e street has been improved and Mr. Elliott told him that this matter could be checked out. MaS. MARIE PALM. 1305 Fourth Avenue South stated she is disappointed in the new street and that she gets all the water from Fifth Avenue plus the mud and she had more dir~ than she haa before. Her boulevard is extremely wide and that there is no curbing and it is all dirt. Mayor Powell stated that in most cases in this area to keep the cost dawn. seed was used rather than sod. ,- r \.... ~ . . . ,'-" (Reptember 7. 1971 - continued) . Mrs. Palm also complained that the street is 90 narrow that when one car is parked in front of her home it is not possible for two cars to pass on East St. Louis Street or Fourth Avenue. MARGARET HOLMBERG. 615 East St. Louis complained about the number of times that they had put dirt on this street before the project was completed and it was washed out by rain several times. She felt it would have been cheaper if they would have hauled in the dirt the first time and then followed up immediately with some sod. She felt they should have finished one project before starting another. Mr. Elliott stated that the estimated cost of the project was $4.50 per front foot. which did not include sodding the boulevards and also that the wide boulevards on the one siae is due to the fact that they had to put the improved street in the right-of-way. The final cost of the project is $6.13 per front foot and if they would have used 80d it would have added more to the cost of the project anCi the seeding was done as a matter of economy. r WILLXAM I'tJNARI, 937 Fourth Avenue South questioned if the engineer had any estimate bow long this street would last and the fact that a number of places had to be repaired already. Mr. Elliott explained that this is a five ton axel design and the repair work that was done was required of the contractor and it does not represent a cOst to the.property owners. The critical time for damage to a street is the spring time and it i. a matter of posting streets and enforcing the load restrictions that will make the streets last. The life shoula be at least ten years. Mrs. Palm complained about the tractor marks near her driveway and Mr. Elliott agreed to look at it. Councilman Lammers questioned how long the contractor's bond would remain in effect and Mr. Elliott stated that it would be one year beyond the final payment. Councilman LaalaArs felt most of the problems and complaints were of a maintenance nature add the contractor should be directed to get these things done. MRcaRBT HOUIBBRG stated that one of the workers had told her at the start of the project that they were going to finish up the work and they would sod the area. She stated that she and Mrs.Palm are the only ones in the area that have the wide boulevard and that the grass that was put in is not very good. 2. L. I. #88 - Street improvements with sanitary sewer, storm sewer, and water main a8 was necessary to complete the same prior to the construction of the street improvement aa proposed in thos portions of South Pine Tree Trail and South Seeley Street which lie between West Pine Street and West Olive Street: West Oak Street lying between South Hemlock Street and South Pine Tree Trail: South Brick Street lying between West pine Street and West Myrtle Street: West RalUey Street between South Brick Street and South Grove Street: and South Grove Street between West Olive Street and West Myrtle Street: All of Robin Lane and Meadowlark Drive and McKusick Lane from Bcho Lane to its terminous: and Center Street between West Linden Street and Meadowlark Drive. I~" ,- \~ LLOYD ZIESKE, 404 West Olive Street asked who paid for the $3,000 goof up on the curbing on West Ramsey Street. MR. ELLIOTT stated that the forms were set only and the contractor assumed this cost. It was not worth $3,000 as it was only for the setting of the forms which was part of one day. There is no cost to you a8 a taxpayer. He further stated that the cost of the construction of Ramsey Street was separated from the balance of Project No. 88 and the cost per foot is $6.46 per foot whereas the balance of the project is $15.01 per foot. Ramsey Street has three inches of deep strength asphalt with an extruded curb. MRS. JUNE KIRCHNER. 402 West Ramsey stated that there is no curb at all on that street. "......-' 139 . . . 140 . (September 7, 1971 - continued) F. C. DUROCHER, 1502 West Olive Questioned whether sewer and water services were a part of this assessment and Mr. Elliott stated that if a property owner received such services they will be assessed for it. .Mr. Durocher stated that he had paid for sewer when it was put in and he paid for it on Olive Street also. He had two assessments to get it to the property line. MR. LLOYD ZIBSKE stated that he assumed that on Ramsey Street that it was brought to the property line - to the ownerls property line. Mr. Blliott stated that it was about five feet from the property line. Mr. Durocher stated that back in 1961 he paid for services and that there still. are no riser. in there. Mr. Blliott took offen.e at this as their records did indicate there are risers r- in there, and they never had to go down to the main just to the risers, and that there was no cost to these gentlemen or anyone on Rasey Street for this. JACK NELSON, 1521 West olive questioned if Brlck Street was used as his frontage as hie house faces on olive Street. MaJOrP0W81l stated that this had been discuesed this evening and he felt that he had a good point and that if this is the case the assessment roll will have to be made over and this assessment changed to 3~ of this footage (126.83 f.et). COtJllCILMAR LAMMERS stated that it is true that the short side is the one on which the work was done - if future work is done on olive that is the long side. M.YOR PONBLL stated that it would be 35% of the side (BriCk Street) and any work done on olive Street will be assessed fully. _. JUMIIBL stated that the engineer had treated his lot as though it were two buildable sites - this whould be 35" on BriCk rather than the full. MR. DUROCHER further complained that he is paying for sewer and water that he doesn't have. COUHCILMAH ALMMERS stated that we cannot assess him for sewer and water twice. MR. BLLIO'l"'l' stated that he would check this out - on the sewer put in 1961 and also again in 1963. SIIAR01il FIlUEBLIHG, 1217 West Myrtle Street stated that she is satisfied with the new street but wondered how long it would hold up with the trucks coming and going out with dirt on a lot in this area. MR. BLLI.OT'l' stated that this is a seven ton axel street which is the load limit for spring time and that in the summer months they can carry h.avier load8. M.YOR PONBLL stated that this property where they are stockpiling dirt is City property and this area will be levelled off and 801d, - a storage area. A CI~ZBN on Ram~.y Street complained about the water standing on a certain area on this street and that it is a natural water way that at one time bad eight f.et of water in it. MR. BLLI.OTT staced that this area was one of the disposal areas for dirt but if it i. a nuisance, they would make other arrangements with the contractor for the stockpiling of dirt. A CITIZEN stated they have left dirt there 80 that the water canlt run down the gut ter. COUNCILMAN IAMMERS felt the point was very well taken and if there was another place to put this dirt that it should be considered. MR. BLLIOTT stated that in the specifications there were three or four places designated for disposal, and the contractor can elect to dispose of it a. his will. Usually it is put on a city lot in the project area and the cost is 15~ per yard per mile & It is a matter of economics to keep the CCB t down. r , , L_ ,-- - /", '- '- . . . . . ,-. ,-. '~ . (September 7. 1971 - continued) MRS. FRUEHLING questioned how long the street would last with these trucks going 50 to 60 times a day to this lot and ~. Elliott stated that he will look into having the lot filled in and levelled off and take the dirtl to another location. RAY KIRCHNER. 1402 West Ramsey aaked who is footing the bill for this City property and Mayor Powell stated that the City will at the same rate as the property owners. GARY ANDERSON, 404 South Brick for the cost of Brick Street and he was informed by Mr. Elliott that the cost will be $15.01 per front foot. He stated that they were quoted $12.07 and now it is $15.01 and wanted. to know why the differ- ence. MR. BLLIorr stated that at the public hearing the cost was $14.78 per front foot which was estimated. and. these figures were shown on slides, and Mr. Anderson further stated that the figures he had were from the ..eting of Pebraary 24. 1970. JAMBS VDlAR (for our Savior's Lutheran Churoh). questioned whether this property was figured for the long- .ide on BriCk Street. They have 300 feet on Olive Str.et and 230 f.et on Brick. Stre.t. Mr. Elliott stated that this was tteated a8 the short side. and he would oheck this out further with Mr. Vinar during the recess time. 3. L. I. #90 - Installation of sanitary sewer main and water main on West Oak Street from West Olive Street easterly for one block abuttill9 upon Lots 1 thru 12. Block. 23. and Lots 1 thru 4 and 10 thru 12. Block 24. McKinstry and Seeleys Addition. The cost if $648.28 for sanitary sewer and $820.74 for the watermain per lot. 4. L. I. #91 - Surfacing. curb. gutter and other appurtenances on Pairmeadowe Road from Laurie Lane to Hanson Place: Laurie Lane from oak Ridge Roac:l to Pair_addws Road: Hanson P lace from Oak Ridge Road to Pairmeadowa Road: Oak Ridge Road from Darrel DriVe to County Road No.5; PairmeadOWB Road from Hanson Place to Dundee Place. No one spoke as being oPPosed or in favor of this improvement. although so_ of the citizens were present at tile hearing. MR. JACK FELIX. 1628 South MC'Kusick Drive asked about the .odding which he was told would be checked out and also he wanted it in the record that he would be a......d for the footage on the apron portion of his property if that area should be improved, and Mr. Elliott stated that this is not a corner lot in the true .en88. MR. CLARBNCE ULRICH. 1001 Pourth Avenue South questioned the method of payment and Mr. Kimmel gave the full procedure for payment of an assessment. Then the Mayor closed the hearing. On motion of Councilnan Lammers, seconded by Councilman Wohlers a resolution was introduced adOpting the assessment rolls for Local Improvements Nos. 81-88-90-91-1970 with the Durocher and the Nelson assessments to be checked into, and the that the roll be .pread over ten (10) years at an interest rate of 6~. (The Mayor declared a recess from 8:45 to 9;00 P. M.~ . 141 . . 142 . (september 7. 1971 - continued) PE'l'I'rIONS 1. On motion of councilman Peterson, seconoea by Councilman Balfanz a petition for a street li.ght at the corner of Horth Fourth Street and poplar was referred to the public Works Committee for study and recommendation .. UNPINISBED: BUSINESS (out of order) This was the day and time for a hearing on a proposed special use permit for property at 200 West Myrtle Street, Case No. 105 (Sheldon Smith) Light Industrial in a commercial or Busine.. District. The notice for hearing was published in the Stillwater Evening Gazette, official newspaper of the City on August 27, 1971 and notices sent to all known property owners on August 24. 1971.. Mr.. Robert schmidt questioned what this involved since he owns a hou" across the street. MR. AL BBRGERrepr...nted the Pirst pre.byterian Church and he felt consideration should be given to the fact that since the grocery .tore i. no longer located in this area that the traffic proble. should not be as great at the intersection of Myrtle and Third streets. They have no objection to this. MYORl'OfBLL stated that due to the fact that the matter had not been heard bI:fare the Planning CODDission that this hearing",ould be.:contillued until september 14th and then the council would take action after they have the recommendation of the planning commission. 1IBW BUSnmSS lout of order) At 4100 P. M. today the following bids on an ELBC'l'RONIC ACCOllRTING MCHID were opened by Mayor powell, city coordinator. Marshall. and Deputy City Clerk. schnelll Bid No. 1 BurroughS corp. Minneapolis, Minnesota Bid Bond Model L311-408 Base Price LesS Trade-In Het price ,13.466.82 600.00 ,12.866.62 Bid No.2 National Cash Register St. Paul, Minnesota certified Check Model 400-112 Base Price Les. Trade-In Net pr ice ,13.345.00 500.00 ,12.845.00 Bid No. 3 Litton Inaustries Minneapolis Bid Bond Base Bid No Trade In Net Price $16,150.00 $16,150.00 r- . . [', I I r , I- c ~ " (September 7, 1971 - continued) . COUNCILMAN LAMMERS stated that be would prefer to see a cost analysis of what this is going to save us -a breakdown on what the materials are going to cost us - a breakdown on changes in payrollsJ changes in as.essments - all operating costs - some kind of independent form of expert analysis of the system. MAYOR PCMELL 8u9gestedthat we check into this and explore the questions by visiting some of the other towns that have this type of thing. Mr.. Marshall stated that this io brond our needs at the pre.ent time, but that we do expect growth in the next few years. The City is badly in need of a new machine as the current machine is ten years old.. The new machine has calculation ability - it won!t 88'Te any money as far as labor as we will not be eliminating any position. '" ) MAYOR PONBLL stated that ill decision should be made this evening - money was set aside for this in last year's budget. COUNCILMAN BALFANZ stated he would like to visit an area that has this type of machine and program and get some idea what they are getting out of the things. on IIDtion of Councilman Peterson, seconded by Councilman Balfanz that this matter be tabled until September 14th and this will give the people who are undecided an opportunity to make up their minds. URPIRIJ:lmn BUSINESS 1. on motion of Councilman Wohlers, .econded by COuncilman P..,teJ:IIOJl the Clerk. made the second reading of an ordinance entitled .AH~llIAHCB RBQumZNG COI!1RBCTION TO THE CITY SEIfER SYS"rBM.. (See ordinance:s) 2. On motion of councilman Peterson, seconded. by Councilman Balfanz the Clerk made the .econd reading of an ordinance entitled .AN ORDINANCB RIlGUIATING 'l'RAFl'IC AND PARKING DURING SNOIf EMERGENCIES AND PROVIDING FOR A SYSTEM OF CALBNDAR PARItDIG.. (see ordinances). NIlW BUSINESS On motion of Councilman ~ES, seconded by councilman Balfanz, the Clerk ude the first reading by title of an ordinance entitled "'AN ORDINARCB ADOPl'ING 'l'IIB . MINNESOTA HIGllfAY TRAFFIC REGULATIONS.. (see ordinances). APPLICATIOlIIS :.J On mtioll of Councilman Peterson, seconded by Councilman Balfanz the following Contractor'. Licen..s were granted under Ordinance No. 448: Ted Golla 1934 E. Minnehaha, St. paul, Minnesota Masonry (new) John A. Da1ein & Son (Roofing ano Sheet Metal) 2421 Bloomington Ave., South, Minneapolis (new) Dennis Ste. Marie 1116 South Fifth St., stillwater General (new) On motion of Councilman Peterson, seconded by Councilman Balfanz a Soft Drink License and a Cigarette License was granted to Dantty H. Walker - Hev Grand Cafe, 106 South Main and 231 East Myrtle Street, Stillwater. (new) '-../ 143 \ . . . 144 (Septembe~ 7. 1971 - continued) COMMUNICATIONS Mayor Powell thanked Jeff Zoller for sending a letter to the Planning Co.al.Biott. From ABC l)evelopers and Builders, Stillwater reque8ti~ the use of septic tanks for two h0llte8 at Lot 4 and 6, Block 5 Greeley a~" slaughter'. Addition to the City of Stillwater. On BIOttOD of cOWlcilman Peterson, seconded by CO\lncilman Balfanz this request waS refereBa to the planning Commisllj.on and the Public work. DepartllBnt.. C:I'l'Y COORDII@.TOR I S RlPORT 1. Kr.. Marshall had checked into the price of tree. to replace those taken out of LOCal Improve_nte and a .even or eight fOot tree would east $17.58 per tree and four or five foot t.ree would; be thr,e to five dollar... The city COordinator and the City's Bngineer were in.tructed to include this when considering projects. 2. on IIOtion of C01.UlcilMn Lallll8rs, seconded by CouncilJllBD Wohlers the City'.sngineer was authorized to proceed with a coaprehe;nllive,S,ewer ,l~for the City: of Stillwater after separation and service ~ac1lity coata not to exceed $2,500.00 and the time not to e~~eed two months. (This i. to include the City of Stillwater and the peripheral area). 3. con.:i.dcrabl. discus.ion was held about doing a mattill9' job on Weat Laurel Stre.t frOJll North Bverett to North owen Street to satisfy the Minnesota State Highway oepartment on the use of funds for state-Aid Street main1:enance. On IIIOtion of Councilman LalllDllr8, seconded by Co\IDcilman Balfanz this matter was referred to Duane Elliott and Jack Shelkn. (councilun Peterson oppo.ed) 4. Mr. Marshall informed the council that on September 9, 1971 at lO:OOA. M. will be the hearing on the annexation of that portion of Wild Pines that is located in stillwater Township. On September 21, 1971 will be the hearing on the annexation of certain property on Highway 212 to Oak Park Heights at 10:00 A. M. at the "'.ahington county Office Bldg. 5. Mr. ~r.hall briefly discussed the trip to Chicago to the Bud Office by Mr. Kimel, the Mayor, Mr. Elliott and himself regarding the $715.000 Grant for the Sewer Separation project fo~ the city of Stillwater. 6. Mr. ~rBha1l informed the Council that the final ,ewer plant value has been d.te~_ined by the Metro Sewer Board Engineers and there will be $40,000 in credit reflected in our 1972 bill. 7. Mr. Marshall announced that he and Mr. Shelton hB~B ~t regarding the Fall Pickup of leaves only. said pickup will be held the ~iddle two weeks of october. r' (' '- , "-.., . . . . (September 7, 1971 - continued) (' 8. Mr. Marshall informed the Council that Mr. Robert Steindorff had called him about vacating a portion of Maryknoll Drive and the Council requested that Mr. l!arshall contact Mr. Steindorff to obtain a written petition for said vacation. CONSULTING BNGINEER I S RBPORT 1. On motion of councilman Lammers, seconded by councilman Peterson a resolution was introduced authorizing a partial payment to Moelter construction in the amount of $61,691.75. (See resolutions - Directing the payment of Bills). 2. Mr. Blliott informed the Council that all residential streets South of Linden Street in the 1971 street program will be completed this fall. "", 3. Discussion was held regarding the assessment for the State-Aid Construction for 1971 and the fact that South Sixth Avenue may not be completed by the time of the aSsessment hearing on October S, 1971. COMIU'1"l'EE REPOR'l'S PUBLIC SAPBTY 1. The matter of the Civil Defense Warning Signals was discu...d. 2. The City now has insurance coverage for all volunteer Firemen and Policemen in the event that they are injured and must be off their regular wOrk jobs due to an accident while on duty for the City of Stillwater. 3. Discu.sion was .....Ld on the advance alarm system. and the yearLy rental 'for .ame and the fact that all on a sprinkler system should be on this system. 4. on motion of COUDcilman peterson, seconded by Councilman ~rs a resoLution was ineroduced authorizing the installation of -Ho parking signs on the Horth side of West Willard Street between Second and Third Streets from 8100 A. M. to 4:00 P. M. 5~ The Chief also stated that he had a r~e8t from a resident on South sixth Street by the High School for "SLow" signs. On motion of Councilman Peterson, seconded by Councilman Wohlers that this matter of a "Slow" sign be left to the discretion of the Public Safety Department. PUBLIC WORKS 1. On motion of Councilman wohlers, seconded by Councilman Balfanz that a street light be installed at the inter.ection of St. Croix Avenue, SLat Street north and Oakgreen Avenue. 2. Mr. Lawson and Mr. Shelton have requested that a structural engineer look at the Auditorium Theatre Building. 3. Mr. Lawrence LeTourneau started construction of the Main Street Stairs last week. 4. Mr. Shelton was asked to check out the performance work of Mr. Willie Schroeder but has been unable to find out too much about him. 145 . 146 . . . (Septe~er 7. 1971 - continued) s. Discussion was held regarding the Fred Durocher property on West Olive Street and whether or not he was previously assessed for sewer and water services 1961, 1963 and 1965. PARKS AND RECREATION 1. The Membership Tickets for the Ice Arena for Families and Individuals are now on 8ale at the City Clerk's Office. 2.. The hockey boards are up. 3.. The insurance inspector has requested that the band shell at Pioneer P~rk be fully enclosed on the front side with Bome type of grill work. Dick Blekum and Duane 811iott were asked to check this matter out. ADMINISTRATIVE Hone CITY ATTORNEY I S REpORT 1. Mr. Killll'D81 informed the Council that he will be recording the deeds for the vacation of Mulberry Street. ORDDlANCES on motion of Councilman WohlesB, seconded by Councilman Peterson the clerk made the second reading of an ordinance entitled "AN ORDINANCE REQUIRING CONNECTION TO TUB CITY SEWER SYSTEM.." (Ordinance No. 480) 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. on motion of Councilman Lammers, seconded by Councilman Balfanz the Clerk ade the second reading of an ordinance entitled "AN ORDINANCE REGt...:ATING TRAFPIC AND PARJ(r:~ DURING SNOW' EMERGENCIES AND PROVIDING POR A SYSTEM OF CALENDAR PARKING". (Ordinance No. 481) The ordinance was read section by section followed by roll call after each section and all members of the council voted in the affirmative, (except on Section 3 - councilman Lammers was opposed). The chair then put the question, "Shall thio ordinance pass?" and on roll call the ordinance was unanimously adopted. On motion of Councilman Lammers, seconded by Councilman Balfanz the Clerk made the first readi119 by title of an ordinance entitled "AN ORDINANCE ADOPTING THE MINNESOTA HIGJfWAY TRAFFIC REGULATIONS". .- r', , '- ~ . . . . (September 7, 1911 - continued) r RESOLU'rIONS The following resolutions were read and were on roll call unanimously adopted: 1. Directing the payment of Bills. 2. Adopting Assessment Rolls for Local Improv.ment Nos. 81-88-90-91-1970. 3. No parking Signs on the North Side of East Willard Street. AJ)JntlDNMRN'r ,--~, on IDOtion of Councilman Peterson, seconded by Councilman Balfanz the meeting adjourned at 11:30 P. M. ~Q.~~ Mayor Atte.t~ (Ed. /.// ity Clerk 147 .