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HomeMy WebLinkAbout1983-02-15 CC MINCOUNCIL CHAMBERS Stillwater, Minnesota REGULAR MEETING February 15, 1983 4:00 P. M. The meeting was called to order by Mayor Peterson. Present: Councilwoman Avise, Councilwoman Bodlovick, Councilmen Kimble and MacDonald and Mayor Peterson Absent: Also Present: PUBLIC SAFETY 1. MR. ABRAHAMSON informed the Council that the Auditorium Parking Lot presently contains 22 ten hour meters and during the Department Head's meeting, Mayor Peterson suggested replacing some of the two hour meters with ten hour meters. This would be done on a trial basis until May 1st. MAYOR PETERSON said that some of the other lots were not as accessible ormailable to employees during the winter months because of the snow build up and that this problem could be temporarily relieved by placing some additional ten hour meters in the Auditorium Lot. None Finance Director/Coordinator, Kriesel City Attorney, Magnuson Director of Public Safety, Abrahamson Superintendent of Public Works, Shelton Director of Parks & Recreation, Blekum Building Official, Zepper Fire Chief, David Chial Consulting Engineers, Moore and Meister Planning Commission Members - Farrell, Marlette, Neuman, Roepke and VAnia St. Paul Dispatch, Jim Broede Stillwater Gazette, Kevin Regan David Linguist, Leighton Johnson COMMITTEE REPORTS On motion of Councilwoman Bodlovick, seconded by Councilman MacDonald, the Council moved to authorize ten additional ten hour meters in the Auditorium Parking Lot until May 1st. (all in favor) 2. COUNCILWOMAN BODLOVICK commended Mr. Abrahamson and the Police Department for allow- ing a student writer for the SHS Pony Express to ride along with the police during patrol. Councilwoman Bodlovick said the article was very well written and was very favorable to the Police Department. 3. MR. ABRAHAMSON requested that he be allowed to attend the Minnesota State Chief's Convention. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the Council authorized Mr. Abrahamson to attend the Minnesota State Chief's Convention. (all in favor) BUILDING OFFICIAL No report FIRE CHIEF No report PARKS & RECREATION No report CITY ATTOL.ZY'S REPORT 1. MR. MAGNUSON discussed the Croixwood fireplace problem with the City Council. He said that the first question to be answered in this matter is whether or not the City was liable for negligence in connection with the fireplace problems in the Croixwood Development. That is - liable for approving plans that were not in com- pliance with the Building Code and secondly with the inspections that were made. Recent court cases dealing with inspections and plans in violation of Building Codes indicated that there was no duty owed to individuals but to the public at large. In order to have negligence you must have a duty and a breach of that duty. In looking at the standard of care that existed at the time the fireplaces were constructed and the inspection process, that was in place the standards of care were followed. Therefore, even if the City did have a duty to an individual, the duty was not breached because the standards of care were followed in conducting the inspection. February 15, 1983 • MR. MAGNUSON said that he realizes that the Croixwood residents are angry; however, he felt that the City has done everything that could be done and that the City had no duty to assist in any litigation toward the contractor. He also pointed out that the City could enter into litigation and the courts could find that the standards of care were followed by the contractor. MR. MAGNUSON felt that it was not good posture to be promoting litigation when the City itself does not know whether or not the standards of care were followed by the contractor. COUNCILMAN KIMBLE said that if Mr. Magnuson meets with the Croixwood residents he should let them know that the City is not "turning a deaf ear" to the their problems and that the City is concerned about the fireplaces. MR. MAGNUSON said he would be willing to meet with Croixwood residents to explain the City's posture in this matter. He said that in any event the City should continue to pursue identifying and contacting homeowners in Croixwood to make sure that all of the fireplace problems are identified. He also said standards for constructing and inspecting fireplaces should be developed and followed by the City. CITY COORDINATOR'S REPORT 1. On motion of Councilwoman Bodlovick, seconded by Councilman MacDonald, the Council approved a permit to consume alcoholic beverages at the Labor Temple from 7;00 P. M. February 19, 1983 until 1:00 A. M.. February 20, 1983. (all in favor) 2. MR. KRIESEL reminded the Council of the meeting with the AFSCME bargaining unit at 6;30 P. M., Tuesday, February 22, 1983 and also that the City offices would be closed on President's Day, Monday, February 21, 1983. 3. MR. KRIESEL asked the Council to consider increasing parking meter rates for the ten hour meters from 25c per ten hours to 500 per ten hours. MAYOR PETERSON SAID THAT the Council should delay any action on this matter until sometime after spring. CONSULTING ENGINEER'S REPORT 1. LINQUIST/JOHNSON PLAN KEN MEISTER presented the Council with the feasibility report for the Linguist/ Johnson property located east of Charter Oaks. The cost of providing streets and utilities to the property was estimated to be $210,630. This cost included the extension of streets and utilities to serve the homes being westerly of the proposed Linquist/Johnson property. The estimated cost for streets and utilities to the Linquist/Johnson Development was $110,014 and the cost to other beneifted properties was estimated to be $100,616. COUNCILMAN KIMBLE questioned the need for extending the streets and utilities westerly. MR. MEISTER said that this was proposed because the cost of extending the streets and utilities now would be lower thatn what it would be if the extension was to take place at a later date. MR. MEISTER did say that he had talked to the property owners and they were not pre- sently experiencing any problems with their sewer or water systems. MR. KRIESEL said that the Council could accept the basibility report now and address this question at the time the improvement hearing is held on this project. DON RALEIGH, representing the developers of the Linquist/Johnson property appeared before the City Council to explain the development (which is located within the Joint Powers District). The development contained ten residential lots and two Commercial lots. The commercial lots were located on Greeley Street and it appeared that the planner for the Joint Powers Commission would be recommending that the two lots not be rezoned to Commercial because of traffic troblems that could develop if a retail business was located on one or both of the lots. The Planner felt that a =lanned Unit Development would be more appropriate. MR. RALEIGH felt that a PUD would be too costly and that the same degree of controls could be obtained through a development agreement, and MR. MAGNUSON concurred. On motion of Councilman Kimble, seconded by Councilman MacDonald, the City Council moved to direct the Joint Powers Commission representatives to vote for the Commercial Zoning and to require a Developer's Agreement to control traffic, screening, types of businesses and other concerns related to Commercial Zoning. (all in favor) MMV • February 15, 1983 2. COMPREHENSIVE SEWER PLAN RICHARD MOORE, Short -Elliott -Hendrickson, explained the Comprehensive Sewer Plan. MR. MOORE said that the original sewer plan (that was adopted pursuant to the 1978 Comprehensive Land Planning Act) was amended in 1982 because actual commercial sewage flow generation was some&hat lower than the original flow estimate. The amended plan, therefore, contained flow estimates that were more in line with actual sewage flow experience. MR. MOORE also pointed out that the current plan will have to be amended from time to time depending upon how development proceeds in Stillwater. The present plan is based on a "best guess" situation and "actual" conditions could lead to an amended plan. PETITION FOR STREETS. 1. GARY SWAGER, Swager Bros., Inc. appeared before the Council to request streets, sewer and water for Lots 3, 4, 7, 8, 9, 10 and 11 of Block 1, Radles Hilltop Addition. On motion of Councilwoman Avise, seconded by Councilman Kimble, the Council ordered a feasibility study contingent upon the signing of a Development Agreement by the developer. (all in favor) On motion of Councilwoman Bodlovick, seconded by Councilman Kimble, the meeting recessed at 5:55 P. M. until 7:30 P. M. (all in favor) Mayor Attests —. "v iJ Finance Director/Coordinator COUNCIL CHAMBERS Stillwater, Minnesota RECESSED MEETING. February 15, 1983 7:30 P. M. The meeting was reconvened by Mayor Peterson. Present: Councilwomen Avise and Bodlovick, Councilmen Kimble and MacDonald and Mayor Peterson Absent: Also Present: Debt Service - General Obligation 268,119 Special Assessment 1 352,892 General Government 570,497 Library 25.'.,096 Civil Defense $ 1,845 None Finance Director/Coordinator, Kriesel City Attorney, Magnuson Consulting Engineer, Moore Press: Dispatch/Pioneer Press, Broede St. Croix Press, Engl.ehart WVLE, Spittell Citizens: Jean Beske, Bill Chadwick, Oliver Oddan, Jim Simpson, Dennis Sullivan, Bob Thompson APPROVALOF On motion of Councilwoman Avise, seconded by Councilman MacDonald, minutes of the following meetings were approved: December 27, 1982 January 12, 1983 February 1, 1983 February 5, 1983 February 7, 1983 Special Meeting Special Meeting Regular Meeting Special Meeting Special Meeting 4:00 P. M. 6:30 P. M. 7:30 P. M. 12:00 P. M. 6:15 P. M. PUBLIC HEARINGS 1. This was the day and time for the publis hearing on the Revenue Sharing Budget and the City's overall budget. MR. KRIESEL explained the City Budget. The Revenue Sharing portion of the budget for 1983, $3,120 was appropriated for mandatory audit and miscellaneous costs (publishing of notices), $50,000 for Library salaries and $50,000 for Park salaries. The City had received a request from the Senior Citizen Center to help offset the increase in rental costs for the Center. The City Council tentatively approved $6,600 for the Center. d that uent to MR. receivedsalrequestsfrom Rivertownhe Restoration foraration fthe RevenuedSharingg Funds, OLIVER ODDAN, president of Rivertown Restoration, explained the reason for the request - office rental to store records and documents now on file with Rivertown Restoration. After some discussion it was decided to have Mr. Kriesel look into the possi- bility of providing storage space for Rivertown Restoration at City Hall. MR. JEAN BESKE speaking for the Senior Citizen Center explained their request for funding. The funding was needed for the Center's operating costs as well as for the increased cost in rental and requested that the Council consider funding the Center at the level requested $12,000. MAYOR PETERSON said that $6,600 was arrived at because the Center had indicated that this was the increase in rental costs and also because the funds were limited. MR. KRIESEL explained the overall City Budget. The overall increase in the budget amounted to about twenty-four percent. The operating portion of the budget would have increased by only six percent; however, the Capital Outlay Budget had increased from $33,000 in 1982 to over $700,000 for 1983. The Capital Outlay would be funded by issuance of City Bonds. The overall expenditure budget for all funds was $9,038,857 and this included interfund transfers. On motion of Councilwoman Avise, seconded by Councilman MacDonald, a resolution was introduced "ADOPTING THE FOLLOWING REVENUE SHARING BUDGET AND THE OVERALL CITY BUDGET FOR THE YEAR ENDING DECEMBER 31, 1983'.': EXPENDITURE TOTAL OF CATEGO=;Y REVENUE SHARING FUND ALL FUNDS ENTITLEMENT PERIOD 14 3,120 50,000 (Salaries) 4111 February 15, 1983 • EXPENDITURE TOTAL OF CATEGORY ALL FUNDS Parking Control $ 26,700 Parks and Recreation 583,971 Permanent Improvement 2,301,659 Public Safety 865,473 Public Works 780,929 Sanitary Sewer 599,804 Shade Tree Disease Control 33,306 Solid Waste Removal 304,100 Other 6,600 Total $7,946,991 REVENUE SHARING FUND ENTITLEMENT PERIOD 14 50,000 (Salaries) 6,600 $109,720 AYES --Councilwoman Avise, Councilmen Kimble and MacDonald and Mayor Peterson NAYS --Councilwoman Bodlovick (see resolutions) INDIVIDUALS & DELEGATIONS REV. BILL CHADWICK, representing the St. Croix Valley Ministerial Association, appeared before the Council to request the endorsement of a proposal for a mutual United States, Soviet Union nuclear weapons freeze. Council action would be requested at the next months meeting. This would give the Council some time to consider the proposal. REV. CHADWICK presented the Council with some information and literature regarding this matter. (No action was taken by the Council at this time) PETITIONS From the Fairview Cemetery Association for the vacation of a portion of Upper 63rd Street (Mound Street). ROBERT THOMPSON representing the Fairview Cemetery Association appeared before the Council to ask that Upper 63rd Street be vacated. MAYOR PETERSON said that he had also talked to Robert Hagstrom of the South Hill Square Building (adjacent property owners) and they were also requesting the street vacation. MAYOR PETERSON also said that because part of the street was located in Oak Park Heights it would be appropriate to vacate the street contingent upon Oak Park Heights also vacating the portion of the street lying within their boundaries. 0n motion of Councilwoman Avise, seconded by Councilman Kimble, the Council authorized the vacation of the said portion of Upper 63rd Street (Mound Street) upon Oak Park Heights' approval of same (all in favor) UNFINISHED BUSINESS None NEW BUSINESS 1. On motion of Councilman Kimble, seconded by Councilwoman Bodlovick, the Council moved to pay the claim of Dewey Miller for $77.45 for an accident involving a City Truck. (all in favor) 2. On motion of Councilman Kimble, seconded by Councilwoman Avise, the Council moved to pay the claim of R. W. Hoke II, 206 Deerpath for $160.00 for damage due to a sewer backup of the City's sewer main. (all in favor) 3. On motion of Councilwoman Avise, seconded by Councilman MacDonald, the Council set the hearing date for 7:30 P. M., Tuesday, March 1, 1983 for Case No. 473 for Thomas and Karen Loome for a Special Use Permit to sell second-hand religious books on Saturdays at 320 North Fourth Street. (all in favor) 4. On motion of Councilwoman Avise, seconded by Councilman MacDonald, the Council set the hearing date for 7:30 P. M., Tuesday, March 1, 1983 for Case No. 467 for Derrick Land Company for a Special Use Permit to construct five - eight unit con- dominum buildings in an RCM (Medium Density Family District) in Croixwood. (all in favor) 5. On motion of Councilwoman Avise, seconded by Councilman MacDonald, the Council set the hearing date for 7:30 P. M., Tuesday, March 15, 1983 for Case No. 476 for a Planned Unit Development for William/O'Brien & Associates for ninety-five townhouse units. (all in favor) • • 6. On motion of Councilwoman Avise, seconded by Councilman MacDonald, the Council set the bearing date for 7:30 P. M., Tuesday, March 1, 1983 for Case No. 475 for a Special Use Permit for Donald Nolde to construct a three-story office building in a Commercial District. (Third and Olive Streets). (all in favor) 7. On motion of Councilman Kimble, seconded by Councilman MacDonald, the Council set the hearing date for 7:30 P. M., March 1, 1983 for Case No. 474 for a sign variance for the Golden Mirror Beauty Shop (Cyn-Pat, Inc.) (all in favor) 8. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, a resolution was introduced "DIRECTING THE PAYMENT OF THE BILLS". AYES --Councilwomen Avise and Bodlovick, Councilmen Kimble and MacDonald and Mayor Peterson NAYS --None (see resolutions) APPLICATIONS On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the Council approved the following Contractor's Licenses: (all in favor) Dick Nelson, Inc. Box 211, Marine on St. Croix, Mn. General Richard Kennel Plastering Box 141, Spring Valley, Wi. 54767 Plastering, Sheetrock Gielber-Jahnke Woodworking 1111 South First Street, Stillwater General Penguin Insulation Company 13951 North 60th Street, Stillwater Insulation New Renewal Renewal Renewal COMMUNICATIONS - -From Washington County regarding replacement of the Neal Avenue Bridge. On motion of Councilman Kimble, seconded by Councilwoman Avise, the City Coordinator was directed to contact Washington County Highway Department to explore the possibility of obtaining funds to replace Neal Avenue Bridge. (all in favor) --From Mayor Raoul Robledo, City of Bayport, regarding the Levi -Merriam Bill dealing with surface water management in the Seven County Metropolitan Area. MAYOR PERERSON suggested that the City Coordinator answer Mayor Rob ledo's letter and state a willingness of the City to discuss the desirability of organizing a joint powers body to handle the surface water management issue. - -From Rivertown Restoration for possible assistance from the City in payment of rental fees for office space. (See prior discussion during Revenue Sharing Budget Hearing) - -From Al Kehr regarding the close of the DNR Regional Office in St. Paul. On motion of Councilwoman Avise, seconded by Councilwoman Bodlovick, a resolution was introduced "REGARDING THE CLOSING OF THE DNR METRO REGION OFFICE". Ayes --Councilwomen Avise and Bodlovick, Councilmen Kimble and MacDonald and Mayor Peterson Nays --None (see resolutions) - -From Tom Cropp, Stillwater Emergency Medical Services, Inc. regarding the impact on the ambulance service due to the loss of financial support from the City. (See Emergency Medical Services' letter dated February 14, 1983) COUNCIL REQUEST ITEMS (continued) None COMMITTEE REPORTS (continued) CONSULTING ENGINEER 1. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the Council approved Change Order No. 13 for Local Improvement No. 184 (Oak Glen) in the amount of $895.10. (all in favor) February 15, 1983 CITY COORDINATOR 1. On motion of Councilwoman Bodlovick, seconded by Councilman MacDonald, the Council authorized the firm of DeLaHunt and Voto to c-oduct the Revenue Sharing Audit for the year ended December 31, 1982. (all in favor) INDIVIDUALS & DELEGATIONS (continued) 1. MR. DENNIS SULLIVAN AND MR. JIM SIMPSON appeared before the Council to express their concern about the bus traffic on South Everett Street near the Senior High School. The bus traffic is due to the High School students being bused to the Washington School. MR. SIMPSON said that he was told that the recent forcemain rupture was due to the weight of the buses. Mr. Simpson pointed out that the buses weigh between eight to twelve tons and the streets were designed for a five ton load limit. MR. MOORE said that most of the residential streets were designed for a five ton load and the route to Washington School would include five ton streets. MAYOR PETERSON asked Mr. Kriesel to meet with school officials to see what could be done to minimize traffic on the five ton streets. QUESTIONS FROM PRESS REPRESENTATIVES None ORDINANCES None RESOLUTIONS The following resolutions were read and on roll call were adopted: 1. Directing the Payment of the Bills. 2. Adopting the 1983 City Budget and Revenue Sharing Budget (Councilwoman Bodlovick opposed) 3. Closing of the DNR'Metro Office 4. Setting date of Bond Sale for G. 0. Corporate Bonds of 1983 ($650,000) (Repass from Februrry 1, 1983 - did not get published in the required time) ADJOURNMENT On motion of Councilwoman Bodlovick, seconded by Councilman Kimble, the meeting adjourned at 9:05 P. M. Attest: Finance Director/Coordinator