Loading...
HomeMy WebLinkAbout1973-02-06 CC MIN . . . f""" "" I , ,., /11II h I' .. w .. '" . COUNCIL CHAMBER Stillwater, Minnesota February 6. 1973 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; Superintendent of Public Works. Shelton: Public Safety Director. Abrahamson: Director of Parks and Recreation, Blekum: Consulting Engineer. Elliott: Chairman of the Planning & Zoning commission, Arndt: Bonding Consultant. Ron Langness Press: Stillwater Evening Gazette - Roger Gratiot Citizens: Robert Schmidt, Father Florian Mugglie. Leo Lohmer. Mr. & Mrs. Robert McGee, Mr. & Mrs. Steven Roettger, Mark Brassington, Gary Hanson, Mr. & Mrs. Richard MCKnight, Harold pauley, Mr. & Mrs. clark Nyberg, Jerry Mahoney, John OeCurtins INDIVIOUALS-DELEGATIONS-PETITIONS 1. This was the day and time set for a hearing on the propo'sed installation of sanitary sewer main on South Fourth, South Fifth and West Oak Streets. The notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City, On January 26 and February 2, 1973 and copies were mailed to all property owners proposed to be assessed. MR. DUANE ELLIOTT explained with the use of maps on the screen that there is storm water drainage by means of a culvert tunnel in the ravine in South Fifth Street. The proposal is for sanitary sewer down Fifth Street slightly beyond Oak Street, down Oak to Fourth and Fourth to Olive. It was proposed that there would be ten properties involved at a cost of $1,417.00 per connection. STEVEN ROETTGER, 201 West Olive Street asked if this could be made a part of the separation system as all of the others are not presently served in any way. MR. ELLIOTT stated that Mr. Roettger is hooked up to a storm sewer which runs at an angle through the block and he could become a part of the line. LEO LOHNER, 303 West Olive Street, stated that Lot 2 shown on the map is his garage and he would not need a connection as this is part of the original deed and homestead on which all assessments are paid. MR. ELLIOTT agreed that this connection would be of no advantage to this property if it can't be developed and this would make the total number of connections nine and this would increase the cost per connection. MR. LOHMER stated that rather than pay for these connections he would turn them back to the City as he purchased them as a buffer area and did put in about 11,000 square yards of fill in there. MR. ELLIOTT showed the Council an aerial photo of the area so that they could see the location of Mr. Lohmer'a property. . 429 ". \ I " . . . . 430 . (February 6, 1973 - continued) MR. MARSHALL stated that he had received letters of opposition to the proposed project from A. J. Kraemer and Mrs. Noah Bibeau in behalf of Anna Hurst affected property owners on South Fourth street. MRS. ROBERT IC GEE. representing Mrs. Agnes Lange, 408 south Fifth Street, spoke in opposition (.of the project since she cannot afford it. DAN STICE. owner of the old Salem Church at the corner of Fourth and Oak Street, stated that he was for it. if and when he does something with the church builoing. MR. ELLIO'l'T stated that the cost of the sewer to service .five units on oak and Fourth Street would be about $1,870.00 per unit. STEVEN ROETTGER questioned if he would be assessed since he already has sewer and MR. ELLIOTT agreed that this property should be deleted from this project. MR. ROETTr,ER also stated that if he remembered correctly that when the church was closed that it was condemned at that time because the north wall was faulty and he felt it should be torn down. MARK BRASSINGT<>N, 316 south Fourth street, asked if the project was dropped at this time, when would it become mandatory to put in the line and bOok-UP. MAyOR POWELL stated that if it is not done now and it would be done at some future date, the price would be greater since they haven't had anything that has gone down in sometime. MR. BRASSINGTON said that if it is put off now it will cost us mora and MAyOR POWELL added that the assessments for the work would be spread over ten years with interest at about 6% and would not have to be paid all at one time. MR. ELLIO'rr stated that this possibly could be included in the separation project by going down the street to make the conne~i6n. MR. LEO LOHMBR stated that it would take about 22,000 yards of dirt to make his two lots salable and he would have to sell them at $17.000. COUNCILMAN PETERSON asked the question whether or !"~t these streets were scheduled for reconstruction and MR. ELLIOTT re:;ponded with a "no". GARY HANSON questioned why this sewer p~0ject was not included with the water- main and street reconstruction hear.ing. MR. ELLIO'M' said that it ...as an oversight on the city's part regarding the sanitary sewer in t~;:.t it should be brought up to normal st&ndaras. GARY HANSON asked how far can the Metro sewer soard push to have every property owner hooked up. MR. ELLIOTT st.ated that most everyone has the service or will have it except the Quarry area and a few other areas that do not have service due to the soil conditions in the area. This proposed sewer project could be constructed along wit.h the North Fifth Street sewer but would be assessed separately. The one on North Fift.h street would be $1,000 for the one hookup and the balance of the project will have to be picked up by the City in order to get to the City Garage and the Dog pound. MR. HANSON questioned the depth of the sewer and MR. ELLIOTT stated that the storm sewer is down about three feet and the Banitary sewer seven to eight feet. MR. BRASSINGTON questioned the depth of the pipes down through South Fourth Street and MR. ELLIOTT stated it was feasible to do the wor'~ in this fashion. A question was raised about what Dan Stice proposes to with the Church property and MA~iOR pOWELL said if the sewer runs by it he will have to pay for it. MAYOR POWELL asked if there was sewer on Oak street from Fourth to Third. and MR. ELLIOTT stated that there was in about 2/3 of the block. r- r , . . f"" '-- ~ . . r- . ~ ~41 I.!I .. !Ill .. (February 6, 1973 - continued) ~ GARY HANSON asked who requested the sewer and MAYOR POWELL stated that the petitioner was St. Mary's Church and they have a problem. FATHER FWRIAN MUGGLI said it is going to have to come and they feel it is not right to have a septic tank in the middle of Stillwater and they are willing to pay their fair share. He felt it should be done now. He and ~is Parish Council did not feel that St. Mary's should continue with a septic tank. COUNCILMAN BALFANZ asked about these parties connecting up to the sewer in pine Street, and MR. MARSHALL said that the school is already hooked up to pine Street. MR. DAN STICE said that there might be a problem in Oak Street if it is a private line and MR. SHELTON said there is no manhole so it is possible that it is only a six inch line. MR. LOIlMER asked who figured out these connections and MR. HANSON said that Mr. Kraemer would have to fill in his property on the corner in order to develop it ~ . t I MR. MARSHALL asked if there are any problems in that area on the septic tanks which would be a public health problem and MR~ ELLIOTT stated that there were none to his knowledge. FATHER FLORIAN said that if the Council decided to let the contract now it would save them some money ~ MAYOR POWELL asked if with a longer line it would be possible to connect them to pine Street and MR~ ELLIOTT said this would have to be checkfld out. MR. BRASSINGTON asked if the parishioners would defray the e~ t of the sewer project and Father Florian said that the Parish Council wants to be connected up with a sewer line and he was asked to pursue this and they will pay their fair share~ MR. MARSHALL stated that when the City gets a request they try to do the best for them and the system and they investigate the whole area and the City's Engineer took the unsewered area that could be done as one project~ MR. STEVEN ROETTGER "sked about bringing the storm sewer into the ravine since there is no culvert under Fifth Street~ MR. SHELTON stated that there are two catch basins on Fifth Street now that take it to olive and it is possible that they can build into this. MR. ELLIOTT stated that a number of the smaller sewer projects will be combined with the storm sewer projecl. THE MAYOR CLOSED THE HEARING AT 8: 30 P. M ~ COUNCILMAN PETERSON stated that in view of the fact these streets are not going to be reconstructed and in view of the fact that there is possibly only one person in favor of the sewer project, he moved that this sewer improvement be deleted entirely~ COUNCILMAN WOHLERS seconded the motion~ (Councilman Balfanz was opposed to the rootion) ~ THE MAYOR DECLARED A RECESS FROM 8:30 to 8:40 p~ M~ 2. This was the day and time set for a public hearing on the proposed improvement of Mulberry Street between Second and Third Streets. The notice of hearing was published on January 26 and February 2, 1973 in the Stillwater Evening Gazette, the official newspaper of the City, and copies were mailed to all property owners proposed to be assessed. The Mayor opened the hearing. 431 . . \ ' " . . . 432 (February 6, 1973 - continued) . MR. DUANE ELLIOTT ~resented the preliminary on this improvement and stated that it would become a part of Local Improvement No. 110. This portion of the project is feasible at an estimated cost of $6.390.00. The affected cost to the property owners would be $15.00 per front foot with the narrow side of the lots being assessed for the full footage and the long side at 35% of the footage the same as was done last year. CLARK ~iBERG, corner of Mulberry and Third, was opposed to the proposed improvement. He questioned the number of feet and also if everyone on this street would be assessed. , MR. ELLIOTT stated that this becomes a part of a larger project and this would decrease the cost slightly and it would be assessed along with the other streets in the project whi~h would be an advantage to them. , MR. NYBERG questioned whether or not the Water Department and the Church would have to pay and he was informed that the City would pay the share for the Water Department and that the Church would also be assessed for their fair share. , MR. NYBERG also asked who petitioned for it and MAYOR necessary to be petitioned for and MR. MARSHALL added and should have been included with the other hearing. bad condition and should be added to the project. POWELL stated it is not this was an oversight Mulberry Street is in MR. RICHARD Me KNIGHT, Second and Mulberry, asked how much he would be assessed for his 150 feet on Mulberry which is his long side and he was informed that he would be paying for 52~ feet on Mulberry or 35% of his long side. MR..NYBERG has 66 feet on Mulberry and 96 on Third, so he would be assessed for the full 66 feet as this is his short side. TIlE MAYOR CLOSED THE HEARING AT 8:45 P. M. COUNCILMAN PETERSON stated that there is primarily local traffic on this s~reet, and although the street is in poor condition it is passable to the people who use it. On motion of Councilman Peterson, seconded by Councilman Balfanz that the portion of Mulberry Street between North Second Street and North Third Street be deleted from the 1973 residential reconstruction project. (Councilman Thompson opposed). 3. MR. BARNEY BROWN appeared before the Council in reference to his ~mployment with the City and after explaining his side of the matter tenured his resignation to the City council. 4. A pdLtion from the Bethany Covenant Church for sewer and water to their new church building in the area of Wildpines Lane. Mr. Kimmel advised that action on this matter be delayed until after April 5th for the annexation settlement. MR. MARSHALL reminded the Council that there will have to be an amendment to the Comprehensive Sewer plan to provide these utilities. UNFINISHED BUSINESS MR. RON LANGNESS, representative of the City's bonding ccnsultant, Springsted. Inc. explained the City's credit rating. . '-- '- r- ( . . \ ' . . . ~ .... ,-, (February 6. 1973 - continued) "" I I THE CITY COORDINATOR explained the proposed assessment of $400.00 per unit in the drainage area of the old part of the City if we did not get a grant and with the grant an assessment of $200.00. It was agreed at the time of the hearing that the City would pick up about 35% of the project on taxes. The grant was for $657,000 from the Department of HOusing and Urban Development. There are about 2,670 assessable units or it can be put on the taxes. He stated that it was Mr. Springstedls feeling that if at all possible we should avoid the use of taxes, as both taxes and assessments are a drain on the community. but that the major threat is to our itA!': rating. An alternative would be to use Sewer Revenue rather than special assessments or taxes as a . large part"of it is a benefit to the entire sewer system. He proposed that there be a flat rate of $150.00 per unit instead of $200 which would give us approximately $391,000 and the remaining $548,000 be handled out of sewer revenue. The sewer rates have not been altered since 1959 and in checking the rates in the Metropolitan area we are a little bit lower than other municipalities. The average sewer customer in the Metro area pays $9.50 per quarter ~,nd our average is $62.00 for approximately 2,700 customers. (Mr. Marshall quoted the number of units paying the various breakdown of rates within the City of Stillwater. He proposed that we would increase the minimum. $5.00 rate to $6.00 per quarter and that the current rate for the overage is 40<= for every thousand gallons be increased' to 50(:. Also the previous minimum gallons was 10,000 and this would be lowered to 6,000. He said 36% of the cU8to~rs pay the minimum rate of $5.00 and with the new rate increase there would beapproxi- mately 20% that would still pay the minimum rate. He further stated that the original plant bond issue will be paid up in 1979. - ~ ~ MR. RON LAHGNESS stated that ratings are baaed on the percentage of the debt in comparison to the people and the evaluatioft. There are advantages to keeping the debt relatively short. There is no industry in the colMIUnity and most of the people work out of the community so the City has become a bedroom comunity. He said the city could sell General Obligation Bonds and attempt to pay for the bonds out of the net operations of, the city and if not sufficient, thenW9',would have to have a tax levy. On IrDtion of Councilman Thompson, seconded by Councilman Balfanz that the proposal material be put in writing and given to the Council members for action at the February 20th meeting. (This is for the financing of the Sewer Separation project, L. I. No. 97) 2. On IrDtion of Councilman Peterson, seconded by Councilman Thompson that the financing for Local Improvement Nos. 102, 104 and 105 be inc luded wi ~h the proposed bonding. c 3. On motion of Councilman Balfanz, seconded by councilman Peterson the Council agreed that the financing for the new ladder fire truck be included with the oth.er oonding for the City. '" 4. The matter of providinq for deferred tax levies for the City's Share of local improvements will be considered at some futuJ:'e date. 5. MR. KIMMEL explained the reason for reassessment for corner lots which was pJ:'ompted by the Robert Murphy case. At the time of this trial it was agreed to abate a portion of their asse~sment and in fairness to others who were assessed under both the old and new policies it is being proposed to do the same for all corner lots in the same manner. He suggested that a letter be sent to everyone on this matter, except the Murphy's which will have to be a written notice, and be published in the paper. If the property has been sold and the assessments have been paid, then there will be a refund to the prior owner. , I .. '-' 433 . . . . 434 (February 6. 1973 - continued) On motion of Councilman Thompson, seconded by Councilman Balfanz a resolution was introduced ordering a public hearing on the proposed reassessments for corner lots, said hearing to be held March 6, 1973 at 7:30 P. M. (Councilman Peterson opposed) (See resolutions) 6. On motion of Councilman Balfanz, seconded by Councilman Thompson Change Order No.4 for Local Improvement No. 98, Project No.2 for Tower Asphalt. (Driveway construction). 7.. On motion of Councilmat. peterson, seconded by Councilman Wohlers a resolution was introduced "AUTHORIZING REIMBURSBMBNT TO CURTIS GILLELAND" (for the removal of ooulevard trees).. (see resolutions).. NEW BUSINESS 1. On motion of Councilman peterson, seconded by Councilman Balfanz a resollltion was introduced "ORDERING A HEARING ON PROPOSED ASSESSMENTS FOR LOCAL ZMPROVEMBNT NO. 106-1972". (see resolutions). 2. On D'Dtion of Councilman Peterson, seconded by Councilman Balfanz a resolution was introduced -A1JTHORIZING THE PUBLIC WORKS DIRECTOR AND TIIB PUBL:rc SAFETY DIRBCTOR TO INSTALL A STOP" SIGH AT"TRB IHTBRSIICTION OF SOUTH FOURTH STREET AND WEST WALNtJT STREET-. (see resolutions) 3. On D'Dtion of Councilman Wohlers, seconded by Councilman Thompson an informal hearing and the first reading of an Ordinance entitled -AN ORDINANCE REGULATDTG THE CONS'l'RUCTION AND MAINTENANCE OF SIGNS" was set fOr February 20, 1973. 4. The discussion of the proposed RedeveloplIIBnt ordinance and the rates for the 1973 Fire Service Contracts to the Townships will be considered at a future meeting. s. On DOtion of Councilman Thompson, seconded by Councilman Balfanz the Mayor and the City Coordinator were authorized to execute the paying agent Adgeement with the First National Bank of St. Paul. 6. On IIDtion of Councilman peterson, seconded by COlincilman Wohlers, Councilman Balfanz was appointed to the Board of Equalization. APPLICATIONS On motion of Councilman peterson, seconded by Councilman Wohlers the following Contractor's Licenses were approved; Don Roettger Box 63, Stillwater General Renewa I Elmo The Builder, Inc. P. O. Box 282, Afton, MD. 55001 General New . r- r- , ~ , , L L '--- . . f"'" . ~ I ~ ,. t'S : ... .. v . (February 6, 1973 - continued) COMMUNICATIONS From Howard J. MCLaughlin, 1003 South Fifth Street regarding proper drainage when they improve South Fifth Street in the 1973 street program. (no action). From Louise Johnson. Chairman of the Parent Committee, St. Croix Valley Senior Citizens Center requesting two parking meters be removed by the new "Drop-In Center" for Senior Citizens on Main Street. On motion of Councilman Peterson, seconded by Councilman Balfanz a resolution was introduced authorizing the removal of the 15 minute parking meter on South Main Street just south of East Myrtle Street. (see resolutions). From M. M. Peaslee co., Inc. regarding damage claim of $599.59 at the Auditorium Theater back in 1966. Sometime in: the past it was concluded that this was not the City's fault. A sewer line had collapsed in the alley but this did not affect the flooding of his building, and this broken sewer did not cause him a problem. On motion of Councilman peterson, seconded by Councilman Wohlers the City Coordinator was instructed to write him a letter informing him that the City's position remains the same as many years ago - the responsibility was not ours and the situation hasn't changed. From the Kiwanis Club, New Richmond, Wisconsin regarding the closing of the bridge. Mr. Marshall will respond to this letter g1v1ng them the details and plans for the proposed bridge maintenance project. From New Frontier, Inc., l.lmena_, Wisconsin offering the City $10,000 for the Northern Pa~ific Locomotive located in Lowell Park. Mr. Marshall is to check this matter out and report back to the Council. CITY COORDINATOR'S REPORT 1. On motion of Councilman Peterson, seconded by Councilman Thompson the City Coordinator was directed to send a letter ordering a Position Classification Study at a price of $750.00 for the first 15 employees with a possible total cost of about $900.00. (This would be a study for non-union employees of the City). 2. Mr. Marshall called attention to the Building Inspector1s Annual report which was sent to each Council member. 3. On motion of Councilman Thompson. seconded by Councilman Peterson that we add the 18 hydrants and the replacement of valves in 12 hydrants to Local Improvement No. 112-Watermains. 435 . . . r . 436 . , l . (February 6. 19a3 - continued) 4. The proposed salaries for the volunteer firemen was presented to the Council by Mr. Marshall and after some discussion it was felt that the Council needed additional information regarding the salaries and work hours for the police Reserves before they could pass on the proposed pay scale for the volunteer Firemen. s. On motion of councilman Thompson. seconded by Councilman Wohlers the date of March 20. 1973 at 7:30 P. M. was set for a public information hear iog on Revenue Shar ing.. 6. The Metro Council Staff will hold a meeting in the stillwater Municipal Building on Thursday, February 8, 1973 at 7:30 P. M. on the transit plan for Washington County.. 7.. The C"ity Officials and Council members are invited to the citizens MelOOrial Dinner to be held February 12, 1973 at the American Legion Club. 8. Stillwater 'TOWnship has requested permission to hook into the Greeley Street Sewer and Mr. Marshall will check out the previous minutes on this matter and schedule a special meeting on the matter. Mr. Marshall was directed to send a letter to Stillwater Township on this matter. 9. On motion of councilman Peterson, seconded by councilman Balfanz the City Coordinator was instructed to contact the St. croix Drug to find out the cost of establishing a utility drop station at their store and also to contract Harold Foster to see if they want to go along with such a proposal. 10. Mr. Marshall called the council's attention to the publications from the League regarding the status of bills in the legislature and felt the Council should meet and go over some of this pending legislation. CONSULTING ENGINEER' S REPORT 1. On motion of Councilman Peterson, seconded by councilman Wohlers Local Improvement No. 113 was deleted from the 1973 construction program. 2. On IOOtion of Councilman Balfanz, seconded by councilman Thompson a resolution was introduced "APPROVING THE FINAL PLANS AND SPECIFICATIONS FOR LOCAL IMPROVEMENT NOS. 97, 110, 111. 112 and 114 AND DIRECTING THE CLERK TO ADVERTISE FOR BIDS" - (Bids to be returnable Thursday, March 15, 1973 at 11:00 A. M.), plans and speCifications for Local Improvement No. 97 subject to the approval of the nousing and Urban Development Authority. (see resolutions) 3. On motion of Councilman Peterson, seconded by Councilman Balfanz a resolution was introduced "APPROVING THE FINAL PLANS AND SPECIFICATIONS AND DIRECTING THE CLERK TO ADVERTISE FOR BIDS FOR LOCAL IMPROVEMENT NO. 109 (Reconstruct MSA streets) . (Bis to be opened March 15, 1973 at 11:00 A. M.) (see resolutions) . r- r , '- . '-- . . f"'" f'" , j , ~ c c .. I .. v (February 6, 1973 - continued) 437 COMMI'rrEE REPORTS PUBLIC SAFETY 1. On motion of Councilman Balfan?, seconded by councilman Peterson the matter of a Relief Association for the police Department was referred to Harold Kimmel. city Attorney. 2. On motion of councilman Balfanz. seconded by councilman Peterson the council authorized two hour meter heads be instal lea in the area south of Nelson Street on the West side of Main Street to accol'llROdate the eye doctor in that area. 3. on motion of councilman Thompson, seconded by Councilman Balfanz the Director of Public Safety was authorized to purchase a rifle for the Police Depar~ment. PUBLIC WORICS 1. Mr. Shelton showed and explained the proposed sealcoating program for the city over the next five years and the Council agreed that it should be up to the city's Engineer and the Director of public works to decide which area. should be done in a given year. ADM1NISTRAT~ No report pARKS A!lIl RECREATION No report APPROVAL OF MINUTES On ft>tion of Councilman peterson, seconded by councilman Balfanz the following minute. were approved: January 9, 1973 January 12, 1913 January 15, 1973 January 23, 1913 Regular Meeting Adjourned Meeting special Meeting Regular Meeting 7:30 P. M. 3,30 P. M. 3,30 P. M. 7,30 P. M. CITY ATTORNEY'S REPORT 1. On motion of Councilan Petersoa. seconded by Councilman Balfanz the Council approved the issuance of a formal notice for the destruction of the Bessie Germain property located at 2015 North Lake street in the City of Stillwater. 2. Mr. Kimmel reported that all of the annexation hearings have been completed and the Commission has issued an order of the proposed annexation of the HOoley-Feely property of~ur to five hundred acres with additional property being added because of the impatience of the area. There will be an election . . ., . . 438 (February 6. 1973 - continued) prior to April S, 1973 but the date has not been set. The request of the additional property was not by the City Council. There has been some obstruction to the registration of the voters at Freedom Acres. The lawsuit has been disposed of and the Court refused to accept the injunction. 3. The City Attorney will write a letter to A. B. Jackson and Donald Fulton informing them that their property would be considered as rural until such a time as they have sewer and water and then there would be a change made in this matter. ORDINANCSS !lOne RBSOLlJrl'ONS The following resolutions were read and on roll call were aaopted: 1. Directing the payment of the Bills. 2. ordering an Assessment Hearing on Croixwood Sewer and Water Improvements, Local Improvement No. 106. 3. Ordering a Public Hearing for the Re-assessment of Certain Corner Lots. 4. Reilllbursement to Gilleland for the Removal of Boulevard Trees. s. l\uthorizing the Removal of Parking Meter (South Main Street south of aast Myrtle Street). 6. Approving Pinal Plans and Specifications for Local Improvement Nos. 91. 110. 111. 112 and 114 and Directing the Clerk to Advertise for Bids. 1. Approving Pinal Plans ano Specifications for Local Improvement No. 109 and Directing the Clerk to Advertise for Bids. (Reconstruct MSA Streets). 8. Authorizing the Installation of Stop Signs - South Fourth Street and West Walnut Street. ADJO_ On motion of Councilman peterson. seconded by Councilman Balfanz the meeting adjourned at 11:00 P. M. ~ 92,~~ /}. Mayor Attes . ~~L6 City C:a.erk : L ", c \.- ,-