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HomeMy WebLinkAbout1973-05-08 CC MIN . 480 COUNCIL cHAMBER Stillwater, Minnesota 7,30 P. M. MaY 8, 1973 REGULlIR MEETING The meeting was called to order by president powell The Invocation was given by Mr. Marshall. present: councilmen Balfanz, peterson, Thompson, wohlers (arrived at 7:45 P. M.) and president pOwell Absent: None Also present: city coordinator. Marshall~ city Attorney. Kimmel: superin- tendent of public Works, Shelton: Director of Parks and Recreation. Blekwn: CODsulting Bngineer, Elliott: soard of Water coumissioners, Harold Foster press: Stillwater Evening Gazette - Roger Gratiot citizens: John RM inberger, Jerry Mahoney. pat Neeaham IRDTVlDlPT-A _ DELEG8,TTnHS - PETITIONS 1. on motion of councilman Balfanz. seconded by councilman Thompson a resolution was introduced "ACCEPTING THE BID OF DAWSON CONSTRUCTIOn. me. IN TIlE l\IIJUNT OP ,94.901.20 FOR TIlE CONSTRUCTION OF LOCAL IMPROVEMBNT NO. 115, CROIXWOOD. SECOND ADDITION, WATER AND smnm- subject to pCA approval and approval of the city Attorn.ay. (see resolutions).. 2. The following bids were opened for regular gasoline and diesel fuel oilt aid No.1 Standard oil Co.. (AmOCO Oil Co..) ](ansas city, Missouri proposal Bond Reqular Gasoline Diesel Fuel 21.6~per gallon 19.59 per gallon Bid No.2 croix Oil Co. Stillwater, Minnesota certified Check Regular Gasoline Diesel Fuel 28.6* per gallon 26.3* per gallon On motion of Councilman Balfanz, seconded by councilman Thompson a resolution was introduced "ACCEPTING THE BID OF STANDARD OIL CO. (AI<<lCO OIL co.l FOR REGULAR GASOLINE AND DIESEL FUEL". (s.. resolutions). (see minutes of MaY 22. 1973) r- (' . '- . " (May 8, 1973 - continued) - This was the day and time for a public hearing on the proposed re- assessment of certain property originally assessed in project No. 98-2 (John Rheinberger). Notiee of the hearing was published on April 20, 1973 and a copy was mailed to the brnefited property owner. 3. The Mayor opened the hearing. MR. MARSHALL explained that Mr. Rheinberger's assessment for Local Improvement No. 98 was asseased at a cost of $12.10 per foot for a total of $877.00 and the Council has agreed to reduee said assessment to $800.00 since he received no new curb but was assessed for same as others involved in other improvements, and he has appealed his assess- ment on that basis. I":) MR. RHBINBBRGER stated that he did not get a new curb and felt the cost of a curb should be taksl off of the assessment and also the contractor did not have to remove the old curb which should be removed from the cost. He further felt that the CouDcil should have a more accurate way of a8se88ing improvements based on the benefit to the property. When he appealed it was agreed that the assessIMnt 'WOuld be reduced from $892.62 to $800.00. He said whtin the time comes when the curb has to ~~~~will~~~fur~costof~~~oWo_ and the cost of the new one and not be charged for this work under the project when his street was done last year. "'" b;iJ MA~R POWELL explained that there are times when a street is harder to work on than others and it seems to be unfair to charge different rat..s and it is easier and simplier to lump them together. MR. RllBINBBRGER said this is the easy way out but not a proper way and the people should be assessed according to the benefit of the improvement. MR. KIMMEL stated that it was his understandinq that when this was dis- cussed informally with the Council that they agreed to go ahead and do it. Basically and academically there is nothing particularly wrong with the City's assessing procedures. Regardless of the reason, the council should approve this as it was settled in good faith to his appeal. MR. RllBDJBBRGBR stated that it was mutually agreed with Mr. Marshall and Mr. Shelton tbat $800.00 would be the assessment. 1.',1 (The question. was raised that there might or could possibly be some other requests for a similar reduction and Mr. Marshall stated that they can I t appeal after 30 days so there won't be any others on Local Improvement No. 98. Mr. Rheinb6rger did file his claim within the required 30 days.) ... \oJ On motion of councilman Peterson, seconded by Councilman Balfanz a resolution was introduced "REDUCING THE ASSESSMENT TO JOHN RHBINBBRGBR ON LOCAL IMPROVEMENT NO. 98-2 FROM $892.62 TO $800.00. (See resolutions) (Councilman Thompson opposed) 4. MR. WILLIAM JENSEN appeared before the Council in reference to securing a building permit to build a home on a piece of land in the Benson Addition which has not been platted a It is one of the requirements of the Sub-division Ordinance that the c:ty receive a bardshell platting for a new plat. On motion of Councilmah Peterson, seconded by Councilman Balfanz this ma tter was referred to Mr a Kimme 1 and Mr. Marsha 11. - . \".I 481 . . . . 482 (May 8, 1973 - continued) .UNFINISHED BUSINESS 1. A discussion was held on the proposed regulations for the use of the St. Croix River. (It was the counciPs desire to wait for the Master Plan.) 1 _ Propos.a Regulation No. 3 - request that we leave the islands alone 2 - Eliminate Regulation No. 5 3 _ Reword RAgulatidn No. 8 4 - Change Regulation No. 9 On motion of councilman Balfanz. seconded by councilman Peterson the City coordinator was directed to make up a list of recommerd at ions relative to Regulations 3, 5. 8, and 9 and Bend them to the COl'lllliasian. 2. On motion of councilman Peterson, seconded by councilman wohlers a resolution was introduced "AUTHORIZING 'l'HE LEASE OF CITY PROPERTY TO THE POST OFFICE AS A PARIUNG LOT". (see resolutions). 3. On motio:1. of Councilman Balfanz, seconded by councilman Thompson a resolution was introduced "ORDERING A FEASBILI:TY STUDY FOR THB SEWER III'rERCEP'l'OR TO SBRVICE TIlE AREA NORTH OF ELM STlUlET TO TIlE NORTH CITr LIMrrS... (see resolutions) (TBB MAYOR DEeCARED A RECESS FROM 8:20 to 8:35 P.. M.) 4. On motion of council_n Thompson, seconded by Councilman Balfanz a three day "On Sale" Beer License was granted to the Jaycees for the Lumberjack Days celebration.. NEW BUSnmsS 1-4. On JlW)tion of councilman Peterson, seconded by Councilman Balfanz the following public hearingB were scheduled for May 22, 1973 -- 7:30 P. M. 1.. Everett Lowry - variance setback - case No.. 144 2.. Dr.. Duane Nelson - variance setback - Case No. 143 3. MrB. walter Thatcher - special Use Permit - Case NO.. 142 4. Gilbert swanson - Lot Size Variance - Case No. 141 5.. On JlW)tion of Councilman Peterson, seconded by councilman Balfanz, the Clerk made the first reading by title of an Ordinance entitled "AN ORDINANCE AMENDING ORDINANCE NO. 448, RELATING TO CONTRACTOR'S LICENSBS, BY REQUIRING TREE TRIIMERS TO BE SUBJECT 'l'O ITS PROVISIONS'I.. (Bee Ordinances).. 6. On motion of councilman Peterson, seconded by Councilman Balfanz a resolution was introduced "REGULATING TRAFFIC CONTROL DURING COw:"TRUCTION" (Authorizes the Public Safety Director and the Superintendent of Public Works to do what they determine is necessary to control traffic, such as removing signs and putting up regulatory signs). (see resolutions). 7. On motion of Councilman Peterson. seconded by Councilman Balfanz the Clerk made the first reading by Title of an Ordinance entitled "AN ORDINANCE REGUlATING THE USE OF DISPOSAL AND DUMP BOXESl!. (see Ordinances) . ,.. r , . . . .~ o ~ I. ~ r'" I; ... g ... v (MaY 8, 1973 - continued) 483 8. The matter of the dump boxes on the sidewalks in the downtown area was discussed. Mr. Shelton had sent out letters to the owners of these boxes and they had seven days to reroove same. On motion of councilman Peterson, seconded by councilman Thompson the Director of public works and the city Attorney were directed to follow up these letters and get these boxes off the sioewalks. 9. on motion of councilman Wohlers. seconded by councilman Peterson s resolution was introduced "THANKING THE SCOUTS FOR THE PAINTING OF CrrY FIRE HYDRANTS". (see resolutions). 10. On motion of councilman peterson, seconded by Councilman Thompson the city coordinator was directed to Bend a letter to the property owner of 304 North Third Street informing hill of the city's lack of interest in purcha. ing said property for a parking lot for the public Library. 11. on motion of councilman peterson, seconded by councilman Wohlers the city coordinator was directed to write a lett\lr to the owners of the property adjacent to the Ice Arena that we are not interested in this property at the asking price of $30,000. 12. on motion of councilman Balfanz, seconded by Councilman peterson a Change Order for the half time and the double time to the contractor to work weekends at the Nelson, co...rcial, Elm and Willard cros8i~9S of the railroad tracks was approved. (Councilman Thompson abstained from voting). 13. On motion of councilman peterson, seconded by councilman Balfanz a resolution was introduced "AtJTII)RIZING AN AGREBMBNT WITH THE MIUfAUDB ROAD FOR TRACK CROSSINGS.. (see resolutions). APPLICATIONS on motion of Councilman peterllon, seconded by councilman Balfanz the following 1 icenses were granted: a>NTR!\!:'l'01lS Judd L. Cates & Ted LeTourneau dba The carpelE erB 921 south 7th Street, Stillwater General (new) Kenneth F. Klocek 14386 - 58th st., stillwater (renewal) General R. w. LaCasse 12770 otchipwe Avenue North Stillwater MaBonry & Brick work (renewal) Jack Rice 8496 Lofton Avenue North stillwater General (renewal) Bernard stoerzinger c/o cromwell Lake land , Minnesota 55043 plumbing & Sewage Disposal (new) on motion of councilman peterson, seconded by councilman Wohlers a theatre license was granted to the State Theater Co., M.N.W., 215 south second Street, stillwater, Minnesota. (renewal) . . . . . . 484 . (May 8. 1973 - continued) NEW BUSINESS (out of order) 14. On I1'Otion of Councilman Peterson, seconded by councilman Wohlers the following change of Escrow was ap1;)roved: 5.000 United states Treasury Bills 6.46 yield First National Bank of Minneapolis Date 5/3/73 15. On IfOtiC'n of councilman Peterson. seconded by Councilman Balfanz a resolution was introduced "PROMOTING JON CONATI TO THE aANK OF FlREFIGHTER- ENGINEER IN THE VOLUNTEER FIRE DEPARTMENT EFFECTIVE MAY 1, 1973". (see resolutions) 16. On motion of councilman Peterson, seconded by Councilman Balfanz the purchase of a Diagnostic and Engine Testing Center at a price of $1,400.00 from Sun Electric was approved. (Money to come from the Revenue Shat-iUg Funds). COMMUNI:CATIONS Letter from Herb Leight, 814 West Willard Street regarding a wooden fence at 806 West Willard street. (problem resolved prior to this meeting). From Patricia A. and Jeff L. Peterson regarding the use of the St. croix River. (no action). From Stillwater Township regarding the cons~ruction of a sewer line to serve the Bethany Covenant Church. On motion of councilman Peterson, secknded by Councilman Thompson this request was referred to the City'e Engineer with a suggestion that he contact their Engineer and also that the City Coordinator write a letter to the Township Clerk that this is the action taken by the stillwater City Council. CONSULTING ENGINEER I S REPORT 1. Mr. Elliott reported on the proposed watermains on William Street between Elm and Hickory and South Sixth Street south of Myrtle street. The cost of these two mains would be $14,260 with a per unit cost of $1,426.00. With the addition of another block on South Sixth up to olive and up Ramsey to Holcombe the cost would be $25,360.00 with a unit cost of $1,334.00. On motion of Councilman peterson, seconded by Councilman Thompson a resolution was introduced "ORDERING A HEARING ON WATERMAIN IMPROVEMENTS AND PREPARATION OF PlANS AND SPECIFICATIONS, LOCAL IMPROVEMENT NO. 117" (project 1 and Project 3 proposal - hearing date of June 12, 1973 at 7:30 P. M.) (see resolutions) 2. On motion of Councilman peterson, seconded by councilman Balfanz the City Coordinator was instructed to contact Mr. Sheldon Pearson. 209 Bast Wilkins Street informing him of the cost of sewer to serve his property and also instruct him to petition to waive the hearing for said project. . I ,-. . " \ ,. '- . ~ . . . ~ .., - h~ ,Nil! .... v - . '-" (May 8, 1913 - continued) COMMQIIICATIONS (out of order) From Marcella Kink, 1115 West Linden Street, Stillwater regarding a sewer back-uP at her home and a claim for $600.00. (This claim was sent to the MCGarry-Kearney Insurance Agency) C1:'l'Y COORD:INAma. s REPORT 1. Mr. Marshall announced the fact that the reservations for the League convention have been made at the Holiday Inn, Alexandria. 2. on motion of councilman Balfanz, seconded by councilman Peterson a resolution was introduced instructing the City Engineer to contact Washington county and negotiate with them relating to the construction of a storm sewer culvert along the West side of County Road Five between the Croixwood Addition and North 62nd street in stillwater Township. (see resolutions). 3. On motion of Councilman Thompson. seconded by Councilman wohlers a resolution was introduced "ORDERING A FEASIBILITY STUDY ON LILY LAD WATER LEVEL". (see resolutions). COMlU':TBE REPORTS PlIIlLXC SAFETY 1. Mr. Kimmel was directed to contact the police Department regarding the Relief Association. 2. There is a question in the Fire Department about the call-backs and Mr. Marshall was directed to straighten out this matter. 3. The matter of the junk cars was brought up. but since Mr. Abrahamson was not present this matter will. have to wait. PUBLIC WORRS No Report ADMINISTRATIVE No aeFort PARI<S AND 1lECREATXON No Report CITY ATTORNEY I S REPORT 1. Mr. Kimmel reported that Mrs. Germain's house will be renDved after the middle of the nDnth unless she renDves it earlier. UNFINISHED BUSINESS tout of order) The Matter of litter out by the Dam on McKusick Lake was discussed and the possibility of erecting a fence to stop dumping in that area. Mr. Shelton and Mr. Marshall were asked to check out the ownership of that property and report back to the Council. 485 . . \ '" . . 486 . . . (May B. 1973 - continued) On motion of councilman Peterson, seconded by Councilman Wohlers a resolution was introduced "DIRECTING THE PAYMENT OF THE BILLS". (see resolutions). APPROVAL OF MINUTES On motion of Councilman Balfanz, seconded by Councilman Thompson minutes of the following meetings were approved: April 10. 1973 April 24, 1973 May 3. 1973 Regular Meeting Regular Meeting Sid Opening 7:30 P. M. 7.30 P. M. 3:00 P. M. ORDINANCES First Readings - 1 - AN ORDINANCE AMENDING ORDINANCE NO. 448, RELM,'ING TO CONTRACTOR'S LICENSES, BY REQUIRING TREE TRIMMERS TO BE SUBJECT TO ITS PROVISIONS. 2 - AN ORDINANCE REGULATING THE USE OF DISPOSAL AND DUMP BOXES RESOLU'l':rOHS The following resolutions were read am on roll call were adopted: 1. Accepting the Bid for Local Improvement No. 115, Croixwood, Second Addition, Water & Sewer. (Dawson construction, Inc.) * 2. Accepting the Bid of Amoco oil Co. for Regular Gasoline and Diesel Fuel. 3. Reduction of Assessment, L. I. No. 98-2 (John Rheinberger) (councilman T~9mpson opposed) 4. Authorizing the Lease of City property to the Post Office as a parking Lot. 5. ordering a Feasibility Study for the Sewer Interceptor to the North city Limits, North of Elm Street. 6. Regulating Traffic control During construction. 7. Thanking the Scouts for the painting of city Fire Hydrants -(not published) 8. Authorizing An Agreement with the Milwaukee Road for Track crossings. 9. promoting Rank of Firefighter-Engineer - Jon Conati 10. ordering Hearing on Watermain Improvements (South Sixth, NOrth william and West Ramsey) 11. Directing the payment of the Bills. 12. Storm Sewage Drainage for Croixwood 13. Ordering a Feasibility Study on Lily Lake Water Level. * Not published - repassed May 22, 1973 (Award to Croix Oil Co.) ADJOURNMEIIT On motion of Councilman Balfanz, seconded by councilman Peterson the meeting adjourned at 10:10 P. M. \ -~ Q ~//}d':'~"( / ~ Ma~r Att st. ~./ / ~~ I-- d'! i ty Clerk r- . . . \ , . .