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HomeMy WebLinkAbout1973-03-26 CC MIN ,r-- . ~ COUNCIL CHAMBER Stillwater, Minnesota March 26, 1973 4:00 P. M. SPECIAL MEETING Present: Councilmen Balfanz, Thompson, Wohlers and President Powell Absent: Councilman Peterson Also present: City Coordinator. Marshall ~ FIRE DEPAR'l'MENT REORGANIZATION The city Coordinator informed the Council that a decision had to be made with respect to the re-organization of the Fire Department due to the resignation of the Fire captaia~ !'la 11 After some discussion Councilman Balfanz moved to introduced a resolution appointing DAVID CHIAL as Assistant Fire Chief in the Fire Department for a six month probationery period effective April 1, 1973 at a salary of $931.00 per month. Motion seconded by Councilman wohlers and unanimously carried. (see resolutions). On motion of Councilman Wohlers seconded by Councilman Thompson a resolution was introduced "Appointing Gordon SeiDl as Crew Chief in the Fire Department" effective April 1, ")13 and authorizing an increase in compensation of $25.00 per month. (see resolutions). RESOLUTIONS The following resolutions were read ~nd on roll call were unanimously adopted; 1. Appointing David chial Assistant Fire chief. r" b. 2. Appointing Gordon Seim Crew Chief in the Fire Department. The meeting adjourned at 4;30 P. M. -- 6V.pe'~Qk' Mayor ,,&-0 /./.-t.~IL1.e Clerk ... '-" 4fj5 . . . . 4G6 . . COUNCIL CHAMBER Stillwater, Minnesota Api:' i1 10, 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 Presnet: City coordinator, Marshall, city Attorney, Director of Parks and Recreation. Blekum: Engineer, Elliott: Kimmel: Consulting press: Stillwater EVening Gazette - Roger Gratiot Citizens; Barbershop Chorus Merrill Stahl, John DeCurtins, Jr., Girl scouts, aoward symmes, Tom McIntyre, Jerry wallace, Phillip Nicoloi mnIVmUALS - DELEGATIONS - PETITIONS 1. Mayor Powell read a proclamation entitled "SOCIETY FOR THE PRESERVATION AND ENCOURAGEMENT OF BARBERSHOP QUARTET SINGING IN AMERICA", and signed said proclamation for this organization. Following this the chorus sang two selections for the Council and the audience. 2. This was the day and time set for a public hearing on the Proposed Assessment for Local Improvement No. 105 - Installation of Sewer and Water Mains on North Third Street. The notice of the hearing was published on March 23. 1973 in the Stillwater Evening Ga.ette. the official newspaper of the City and copies were mailed to all benefited property owners. The Mayor opened the hearing. THE CITY COORDINATOR read a letter of opposition regarding these proposed assessments from Mr. Merrill Stahl MR. MARSHALL reviewed the assessment roll and the additional cost items and indicated that the additional engineering fees were for the inspection costs. The smaller the project the higher the cost for inspection and other cOsts. MR. ELLIOTT stated that the inspection costs are higher on these small projects and also the contractor ran into bad weather and there was the cut-in on Second street which involved a change order and additional inspection. Due to the bad weather conditions there was a need for more crushed rock to be used on the project. MAYOR POWELL asked Mr. Elliott if it would be possible to have a breakdown of the engineering and inspection costs at the time of the public hearing for the improvement, and he agreed that this could be done. '- i- L ~ (April 10, 1973 - continuea) 4G7 '" ,... MERRILL STAHL, 1223 North Fourth Street asked why the inspection fees were so high in this case. MAYOR POWELL saia in this particular improvement it was increasea due to a great aegree of bad weather and the contractor ana the inspector woula have to come back each time work was started again. MR. ELLIOTT statea that he would be glaa to go over these records with Mr. Stahl and see the amounts that were charged for inspection and the amount that the inspector gets per hour, etc. MR. STAHL - there are still heavy ruts which were left back by the contractor which should be.ta1cen care of. MR. ELLIOTT - the contractor's bond is still in effect and he will contact him to take care of this matter. o PHILLIP lUCOWI. 1206 North Third street, also questioned the cost of the inspection and Mr. Elliott stated he would be happy to go over this matter with both of these gentlemen at recess time. p- l<iit MR. NICOWI felt that it was unfair because this was a smaller project that they were being assessed a greater amount than if it had been part of a larger project. MAYOR POWELL explained that this improvement had been on an original improvement but the council chose not to do it since the people were opposed to it and then they came back a year later and wanted it. MR. NICOLOI stated that he did not live there at the time of the first improve- ment hearing. MR. STAHL said the real delay in this project last year was the Minnesota Pollution control and the CITY COORDINATOR said these contracts were let in late June of 1971 and Improvement No. 105 was let in 1972, and the start of this work was not due to the approval from the Minnesota pollution control Agency, but that no costs have accrued to the property owners because of this delay. The contractor did wait for the approval, but this is not a factor in the cost of the project. It is true that Koelter did have the 1971 contract but this was a different project and could not be added to the 1971 work. MR. KIMMEL stated that they were separate contracts even though the same contractor did this job as he did the other job, ana it is not possible to add to another contract. 1:11 I. MR. NICOLOI said if the contractor has a one year performance bond he would like to have them come back to fix a sink-hole by his driveway and Mr. Elliott will take care of this matte~. MAYOR POWELL said a meeting could be set up with our Engineer and the property owners so that these matter s could be straightened out. '" MR. NICOLOI asked about the wiath of their street that will be done this summer with the possibility of saving some of the tree. ana if they would be assessed the full price even though their street will be narrower. MAYOR POWELL said the contractor bid the total job - he could if he '4anted have had the wider street but if they choose not to, they still have to pay for it. MR. NICOLOI asked the Council to try to hold the smaller projects to include them with larger ones and MAYOR POWERLL said that they try to get as big a project as they can. After the Sewer Separation any improvements will be at a minimum ana it is possible that they will be he1a in abeyance to makE- a worthwhile project. It costs the city money to sell the bonds and it also hurts the credit rating and it is better to lump them together and the city's credit'is protected. ... . . . \ ~J . . . . 4G7 (April 10, 1973 - continued) (""\ ,... MERRILL STAHL, 1223 North Fourth street asked why the inspection fees were so high in this casea MAYOR POWELL said in this particular improvement it was increased due to a great degree of bad weather and the contractor and the inspector would have to come back each time work was started again. MR. ELLIOTT stated that he would be glad to go over these records with Mr. Stahl and see the amounts that were charged for inspection and the amount that the inspector gets per hour. etc. MR. STAHL - there are still heavy ruts which were left back by the contractor which should be: taken eare of. MR. ELLIOTT - the contractor's bond is still in effect and he will contact him to take care of this matter. ~ PHILLIP NICOLOI, 1206 North Third Street, also questioned the cost of the inspection and Mr. Elliott stated he would be happy to go over this matter with both of these gentlemen at recess time. MR. NICOLOI felt that it was unfair because this was a smaller project that they were being assessed a greater amount than if it had been part of a larger project. !iii ~;f MAYOR POWELL explained that this improvement had been on an original improvement but. the Council chose not to do it since the people were opposed to it and then they came back a year later and wanted it. MR. NICOLOI stated that he did not live there at the time of the first improve- ment hearing. MR. STAHL said the real delay in this project last year was the Minnesota Pollution Control and the CITY COORDINATOR said these contracts were let in late June of 1971 and Improvement No. 105 was let in 1972, and the start of this work was not due to the approval from the Minnesota pollution Control Agency, but that no costs have accrued to the property owners because of this delay. The contractor did wait for the approval, but this is not a factor in the cost of the project. It is true that Moelter did have the 1971 contract but this was a different project and could not be added to the 1971 work. MR. KIMMEL stated that they were separate contracts even though the same contractor did this job as he did the other job, and it is not possible to add to another contract. Iii I .. MR. NICOLOI said if the contractor has a one year performance bond he would like to have them come back to fix a rink-hole by his driveway and Mr. Elliott will take care of this matter. MAYOR POWELL said a meeting could be set up with our Engineer and the property owners so that these matter s could be straightened out. w MR. NICOLOI asked about the width of their street that will be done this summer with the possibility of saving some of the tree. and if they would be assessed the full price even though their street will be narrower. MAYOR ~lELL said the contractor bid the total job - he could if he wanted have had the wider street but if they choose not to, they still have to pay for it. MR. NICOLOI asked the Council to try to hold the smaller projects to include them with larger ones and MAYOR POWERLL said that they try to get as big a project as they can. After the Sewer Separation any improvements will be at a m1n1mum and it is possible that they will be held in abeyance to make a worthwhile project. It costs the city money to sell the bonds and it also hurts the credit rating and it is better to lump them together and the City's credit 'is protected. ... . . . . . . 4(58 . '. (Aprl..L .LV, .....,,,.... MR. MARSHALL stated that the stillwater country Club has property at the Northwest corner of Third and St. Croix Avenue and they are being assessed for one unit. This would make sewer and water available. They had called and they were under the impression that their portion should be deleted and he asked Mr. Kimmel if this could be added to the connection charge in lieu of an assessment. MR. ELLIOTT said sewer and water services were stubbed into the property line and the proper connection at the proper location and that it would be difficult to determine the benefit, but services were provided to the property in question. MR. KIMMEL felt that it would be bette:t' to assesS than to collect in some other manner. coUNCI~N PETERSON said that there is a benefit received regardless of the size of the lot, and we are only assessing them one unit. The Mayor closed the hearing at 8:10 P. M. MR. MARSIlALL said the council has to set the interest rate for this assessment roll and the bonds were sold at 4.79)<; and the council has been adding approxi- mately 1% over what we pay aBl he reconunended that the charge be S.7S on this project and that the payment period be ten (10) years. on motion of councilman Peterson, seconded by councilman Balfanz a resolution was introduced "ADOP'.rING THE ASSESSMENT ROLL FOR LOCAL IMPROVEMENT NO. 105, SETTING THE INTEREST RATE AT 5.75% TO BE PAID OFF OVER A PERIOD OF TEN YEARS. (see resolutions). 3. Mr. Howard symmes, appeared before the council requesting a special Use permit for an Ice Making Business in a residential zone. On motion of councilman Peterson, seconded by Councilman Wohlers the date of April 24, 1973 was set for a public hearing on a special Use Permit for Howard symmes, 622 West Churchill street, Case No. 140. r ' . . r' 4. Tom McIntyre appeared before the council requesting permission to ~ark a mobile home on his property at 712 south Fifth street in the city of stillwater. He plans to sell said ..,bile ho'" and would like to store same for about one year. on motion of Councilman peterson, seconded by councilman Balfanz this raquest was referred to the planning conraission and to the city ltttorney for study and a recommendation at the council meeting on April 24th. ~INISHED BUSINESS 1. The request from orfei & Sons, Inc. for a blasting permit in connection with the 1973 construction work and also permission to use the Myrtle Street city Dump for storage was discussed and was referred to the city Attorney and the public Safety Director and the city coordinator. (Action will be taken at a special meeting later in the week if necessary to commence with the construction projects.) 2. On motion of councilman Balfanz, seconded by councilman Peterson a resolution was introduced "setting the date of MaY 8, 1973 at 7:30 P. M. for the re-assessment hearing for John Rheinberger for Local Improvement NO. 98-2. (See resolutions - repass of resolution adopted March 20. 1973). ~ '-' . . . . (April 10. 1973 - continued) \ 4fj9 ! r-. r- NEW BUSINESS 1. The matter of changing the compensation of Albert schrooeck.el from a roonthly basis to an hourly basis was discussed and action was deferred until April 24th. The council questioned how the Union could request the change after the salaries have been set for the year. 2.. On lOOt ion of Councilman Peterson. seconded by Councilman Thompson a resolution was introduced "ACCEPTING THE RECOMMENDATION OF THE PUBLIC SAFE'l'Y COMMITTEE FOR THE EMPIDYMENT OF JAMES R. STEVENSEN AS A FIRE- FIGHTER FOR A SIX MONTH PROBATIONERY PERIOD EFFECTIVE APRIL 16. 1973 AT A STARTING SALARY OF $720.00 PER MONTH.. (see resolutions). 3. On rootion of Councilman Balfanz. seconded by Councilman Wohlers the Mayor and the City Coordinator was authorized to enter into an agreement with orrin E. Thompson construction Corporation for the sewer and water improvements for the croixwood Second Addition.. f""I 4. On motion of Councilman Peterson. seconded by councilman Balfanz a resolution was introduced "DIRECTING THE PAYMENT OF THE BILLS". (see resolutions). r- I", On motion of Councilman Balfanz. seconded by councilman Thompson the council requested that the Minnesota Municipal Commission give the Council permission to annex those properties over 60% or completely surrounded by the city of Stillwater anJ to have the commission straighten the boundaries and make them more legal. and properties owned by the City should be annexed .. 5. (THE MAYOR DECIARED A RECESS FROM 8:35 to 8:50 P. M.) 6. On motion of councilman Peterson. seconded by Councilman Balfanz a resolution was introduced "DESIGNATING THE TITLE OF POLICEMAN' - TIMOTHY BEI.L PROIDTED '10 SERGEANT" effective April 1. 19;3 - compensation - $871.00 per month. (see resolutions). 7.. on motion of Councilman Peterson. seconded by Councilman Wohlers the Mayor and City Coordinator were authorized to execute the fire contracts between the City of stillwater and Grant and May Townships for 1973-74. 8. On motion of councilman Peterson. seconded by councilman Balfanz a resclution was introduced "REQUESTING THE LEGISLATURE TO REFRAIN FROM AUTHORIZING THE BANNING OF POWER BOATS FROM THE IDWER ST. CROIX UNTIL AFTER THE COMPLETION OF THE MASTER RIVER PIAN".. (see resolutions). c 9. On motion of council~n Peterson~ seconded by Councilman Balfanz the City coordinator was authorized to enter into an agreement with DeLaHUnt & Co. for the audit of the federal monies on the Sewer Separation project. 10. Mr. Marshall will submit to the Council members a proposal or recommendations on the Revenue Sharing Money distribution and leaving some open for contingencies.. v 11. The matter of the building permit for the Erickson Filling station was discussed as they have requested an extension of the permit due to problems in construction at another site and also that they are unable to get commit- ments for gasoline. The city Attorney is to check out the length of time that such building permits are valid and report back at the next meeting. 12. Discussion was held on negotiating the price for gasoline for the police. fire and street departments and Mr. Marshall will attempt to negotiate some prices with Standard oil Co. and Kilty-ogren on a three month ba~is and report back to the Council. - . ~ . . . . . . 470 (April 10, 1973 - continued) 13. The matter of the $275.00 SAC charge is being contested by some municipalities and Mr. Kimmel will check out the pending lawsuit to see whether or not the city of stillwater wants to get involved. APPLICATIONS On motion of Councilman '"leteraon, seconced by Councilman Wohlers an "off sale 3.2 Beer License" was granted to Thomas MCLaughlin (Stillwater Country BOY), 215 North William street. (new) On motion of councilman Balfanz, seconded by Councilman Thompson the following contractor's Licenses were approved: Ronald Bruchu B & B Builders 1101 North Second st.. Stillwater General (new) Golden Valley Roofing 1325 Zealand Avenue North Minneapolis, Minnesota Roofing (new) Leo Lengye 1 (LeO' 5 Excavating) 2275 Neal Avenue North stillwater, Minnesota Excavating (renewal) On motion of Councilman Peterson, seconded by Councilman Balfanz thp city Coordinator was directed to contact Miller Excavating to pay his bill due to the Water Board before the council will approve his license permit. COMMUNICATIONS From Mrs. Viktor o. Wilson, Jr., 906 North Fourth street, stillwater regarding improvements for Staples Field and the purchase of property for a neighborhood park. On motion of Councilman Balfanz, seconded by Councilman Wohlers this request was referred to the Recreation commission for their study and recommendation. Notice of Appeal of Re-assessment from Robert and Caro 1 Murphy. (no action). CITY COORDINATOR I S REPORT 1. on motion of Councilman Peterson, seconded by Councilman Balfanz the city Attorney and the city Coordinator were authorized to negotiate the sewer easement agreement with polzin and Rheinberger not to exceed $1.000.00. 2. On motion of Councilman Peterson, seconded by councilman Balfanz the City Coordinator w~~ authorized to enter into an agreement with the Post Office Department for five years for the lease of City property at Fourth and Myrtle Streets for $1.00 per year. (Councilman Thompson opposed) . r' ". , , . !' '- , ,---,. ~ . . . " ~ o ,., b,1 c ... I \. ~ (April 10, 1973 - continued) 471 CONSULTING ENGINEER'S REPORT 1. on motion of Councilman Peterson, seconded by councilman Wohlers a resolution was introduced "APPROVING THE FINAL PLANS AND SPECIFICATIONS AND DIRECTING THE CLERK TO ADVERTISE FOR BIDS FOR LOCAL IMPROVEMENT NO. 115. SEWER AND WATER MAINS. CROIXWOOD SECOND ADDITION" said bids to be returnable on May 3, 1973 at 3:00 P. M. (see resolutions). 2. Mr. Elliott read a letter to the Mayor and city Council regarding a drainage study of the croixwood area which has been conClucted over the past twelve months - discussion followed. 3. The matter of a sewer main to service the Lakeside Terrace was discussed as Mr. Marshall had requested that a feasibility study be made for such an improvement as there are BPA grants available for such facilities (up to 75%). COUNCILMAN PETERSON stated that back in 1966 or 1967 such a study had been done for about 3,850 feet from Aiples up to Lakeview Terrace. This matter is to be checked out with Mr. Shelton and Mr. Elliott and a report given to the council. 4. On motion of councilman Peterson, seconded by councilman Balfanz the City's Engineer was authorized to make a feasibility study of the approximately 2,800 feet of sidewalk abutting city owned property with the idea of doing some type of sidewalk project this year. COMMITTEE REPORTS pUBLIC SAFETY 1. The City Attorney was directed to write a letter to the stillwater Police Department advising them why the Relief Association is illegal for their department. pUBLIC WORI(S No Report ADM:rNISTRATIVE No report PARKS AND RECREATION 1. Mr. B1ekum reported that the sweeper has arrived and it is fantastic. CITY ATTORNEY'S REPORT None APPROVAL OF MINU'l'ES On motion of councilman Peterson, seconded by councilman Peterson the following minutes were approved: .... 'h 6. 1973 Marcn 15, 1973 March 20. 1973 March 26, 1973 Regular Meeting Special Meeting-Bid opening Regular Meeting special Meeting 7:30 P. M. 11 :00 A. M. 7:30 P. M. 4:00 P. M. . . '. . 472 . . (April 10, 1973 - continued) ORDINANCES None RESOLUTIONS The following resolutions W6re read and on roll call were unanimously adopted: 1. Employment of James Stevensen - Firefighter. 2. payment of Bills 3. Adopting Assessment Roll Local Improvement No. 105 - North Third Street Sewer. 4. ProlOOtion of Tim Bell - sergeant - Police Department. 5. Hearing on proposed Re-Assessment, Local Improvement No. 98-2 - Rheinberger 6. Ordering preparation of plans and Specifications and Directing the Clerk to Advertise for Bids Local Improvement No. 115. 7. Requesting the Legislature to Refrain from Authorizing the Banning of Power Boats from the Lower St. Croix until After the Completion of the Master River Plan. ADJOURNIlEIIT On motion of Councilman Thompson, seconded by Councilman Wohlers the meeting adjourned at 9:50 P. M. aJ~~~ Mayor Att " r 1- '-- . . . .