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HomeMy WebLinkAbout1980-04-08 CC MINa • • -- - 93\ • • COUNCIL CHAMBER Stillwater, Minnesota REGULAR MEETING The meeting was called to order by President Junker. The Invocation was given by the City Clerk. Present: Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson, Powell and Mayor Junker Absent: Also Present: Press: None INDIVIDUALS & DELEGATIONS April 8, 1980 7:30 P. M. Finance Director /Coordinator- Kriesel; City Clerk, Schnell; City Attorney, Magnuson; Superintendent of Public Works, Shelton; Public Safety Director, Abrahamson; Consulting Engineer, Van Wormer, Stillwater Evening Gazette - Liberty Free Press - Mary Jo WAVN - Gary Larson Citizens: S. H. Morgan, Bill Pauley, Jerry Mahoney, Charles Hooley 1. MR. S. H. MORGAN, legal counsel for the Industrial Bonding for Press -On explained the purpose and contents of the NOTE RESOLUTION. On motion of Councilwoman Bodlovick, seconded by Councilman Roger Peterson, a resolution was introduced "NOTE RESOLUTILN - OSCAR L. KERN PROJECT - INDUSTRIAL DEVELOPMENT REVENUE NOTE OF 1980 ". AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 2. MR. MORGAN also explained the changes in the plat for the Kern- Pauley Addition and the stipulations which the Joint Powers asked for this platting which were detailed in several letters and their only request was a reduction in the amount to be paid to the Park fund which had been calculated at $4,001.50 and thenCouncilwoman Bod- lovick indicated that this is what the amount comes to figured on the basis of 10% of the valuation and that she felt that $2,500 was more than adequate, but if they make an exception for one, there would be problems but if there is another formula that is more fair she would go along with that. MR. MORGAN stated that the owner has put in some improvements which had increased the value of the property and felt that there should be a credit for the pond and hoped that they could come up with a more equitable figure without being incon- sistent since this is a owner developed industrial site. MR. MAGNUSON stated that the ordinance provides that the value taken is the undeveloped land value and in this sense Mr. Kern would be penalized since he waited until this stage to plat and the other thing to keep in mind is that the end result that the City has over any development is to have aesthetically pleasing development that provide a good tax base and he has done a better job than would be required. If you taking land for a park, you have an aethetical pleasing wall there. Mr. Magnuson felt that it would be discretionary to cut the park dedication amount to $2,000 and did not feel that it would establish any precedent which would hurt the City in the future in allowing some credit for that pond. COUNCILMAN ROGER PETERSON asked if that area were presently undeveloped the City would probably require that pond to be used as a ponding area anyway - it is a natural ponding area and that would be required as requirement of the plat anyway, would it not - he felt that the landscaping that was done was discretionary on Mr. Kern's part - it was his choice to do this to make the building pleasing to other people as well as to himself. He wanted to be consistent with what has been done in the past and what maybe done in the future. MAYOR JUNKER asked if Mr. Kern would be willing to accept $2,000 and MR. MORGAN felt that he would be agreeable to that. COUNCILMAN HARRY PETERSON asked what credit Mr. Feely was alloed for the ponding area and MR. MGANUSON stated that what happened with the Feely plat (that since he was not platted at the time the City Needed the ponding) the City was negotiating whim for the purchase of it and the City offered him about $23,000 which the City felt was a fair price, but Mr. Feely felt that he would be entitled to $40,000 - (continued on page 94) • / • (94 I I i • PETITIONS April 8, 1980 A when he came in here for the platting, he suggested that it was inappropriate at that time for the City to be negotiating for the purchase of it - that he should be required to dedicate the land since it was less than seven percent of the forty acres - it was his feeling that the Clty should not be buying it and it should be dedicated. The City ended up paying him the $23,000 which he accepted and at the same time there is an agreement that we would take $3,000 for the dedication to the Park Fund which is ten percent of the undeveloped land value. There is an agreement that he dedicate a ten foot strip as a natural outlet from the existing pond to an existing catch basin location back of the UFE property, and this piece is being donated, and in the Feely case the. City paid for that. There is also an agreement on an easement for the storing of water on the Jackman Pond - the pond level is approximately 912 feet and the ground floor of one of the buildings there 912.9 so the concern was when the project was under- taken that the City not money around or interfere with the natural outlet of the pond and that is satisfactory with Mr. Kern. That means that the pond will maintain a natural level and when the storm water raises that level it will go out the natural outflow and the City is agreeing in the easemment that the City won't artificially alter the outlet of that pond in any way and they are agreeing that they will not fill in the pond and we will not do that either MR. MORGAN stated that there is no problem on the letter of credit or as far as the house is concerned in getting it out of there or getting it connected in November - this has been fully discussed and they have walked the area and every- body has agreed that 912 is the figure. On motion of Councilman Powell, seconded by Councilman Roger Peterson, the Council instructed the representatives on the Joint Powers Committee to reduce the amount of park dedication from $4,001.50 to $2,000 and that the other stipulations be as presented. (all in favor) MR. MORGAN had explained the dedication of the pond as an easement as opposed to an Outlot, and he suggested that it be an easement - the Planner suggested an easement and the Engineer suggested an Outlot, but he and Mr. Magnuson felt that it should be an easement. On motion of Councilwoman Bodlovick, seconded by Councilman Harry Peterson that the drainage pond be considered as an easement rather than an Outlot on the Kern- Pauley Plat. (all in favor) From Charles & Nancy Hooley, Robert and Dorothy Thueson, John and Joyce Hooley and Thomas Hooley for the vacation of utility easements in Block 3 of the Stillwater Industrial Park. MR. MAGNUSON stated that after this vacation is ordered by the City Council, there is a restricted covenant that was in before which required them to dedicate drainage easements as needed and as was appropriate - what has happened now is that they might be able to sell two lots at once to one owner on a large tract and there would be no need to have the easement down the center and Dick Moore told the Joint Powers Committee that is acceptable. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, a resolution was introduced "VACATING THE DRAINAGE EASEMENT IN BLOCK 3 OF THE STILLWATER INDUSTRIAL PARK ". AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) UNFINISHED BUSINESS 1. MR. SHELTON and MISS SCHNELL opened the following bids for the REMOVAL OF DISEASED DUTCH ELM TREES, LOCAL IMPROVEMENT NO. 179. The advertisment for bids was published in the Stillwater Evening Gazette, the official newspaper of the City on March 19, 1980. The following bids were opened at 4:00 P. M., March 31, 1980. Bid No. 1 Bluemels Tree and Landscape Service, Inc. 4930 West Loomis Rd. Greenfield, Wisconsin 53220 Bid Bond Price per Diameter Inch $7.19 Alternative No. 1 - Stump Removal $2.05 (continued) Wq 0 t.i • • • s • 4 1 • 0 s Bid No. 2 Bid No. 3 April 8, 1980 Horak Trucking Bayport, Minnesota 55003 Bid Bond Price per diameter inch Alternative No. 1 - Stump Removal Haines Tree Service, Inc. 9262 Otchipwe Ave. N. Stillwater, Minnesota 55082 Bid Bond Price per Diameter Inch Alternative No. 1 - Stump Removal $8.85 $1.50 with seed $10.00 or more with sod $7.19 $1.60 Bid No. 4 Arps Tree Service 6961 - 165th St. No. Hugo, Mn. 55038 Bid Bond Price Per Diameter Inch $7.24 Alternative No. 1 - Stump Removal $2.50 $1.50 per inch without sod. On motion of Councilman Roger Peterson, seconded by Councilman Harry Peterson, a resolution was introduced "AWARDING THE BID FOR THE REMOVAL DISEASED ` A ELM TREES FOR 1980 TO HAINES TREE SERVICE, INC., STILLWATER" as recommended by Mr. Shelton. AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson, Powell and Mayor Junker NAYS- -None (see resolutions) 2. MR. MGANUSON stated that he would like to have the Planning Commission look into the pole type ordinance as this would be a rather complicated ordinance and it will take some time to draft such an ordinance. Councilman Powell had made a motion which was seconded by Councilman Roger Peterson to have the second reading and this motion and second were withdrawn at this time. 3. RELIANCE DEVELOPMENT CO. PROJECT Mr. Magnuson stated that the developer feels that the billing of these services crates a hardship on them financially before they can sell any of this property and he asked that the Council review their arguments for non- p.aym,at before he brought any action against them. There was discussion about the dleay in ordering these improvements and the Mayor and some of the Council felt that it was .Lot their responsibility that nothing has been done on this. MR. MAGNUSON stated that the prlblem was there was some of the lift station that would be assessed to Township land and it would have had to be a joint project and the Township said "no ". He felt that it could have been worked out as a connection charge. He stated that we could assess it if they are agreeable or the City could sue them. On motion of Councilman R. Peterson, seconded by Councilwoman Bodlovick, the Council agreed to allow Reliance Development to pay the engineering charges by October 1, 1980 with an adequate rate of interest. (all in favor) COUNCILMAN POWELL suggested that they be informed that if it is not paid that it will be assessed against that property and if it is to be assessed they should know what the terms might be and MR. MAGNUSON stated that this could be done by an assessment hearing or by an agreement with them and in this agreement there could be several options. 4. On motion of Councilman Harry Peterson, seconded by Councilwoman Bodlovick, the Council directed that Mr. Kimmel represent the City of Stillwater in the case brought against the City by Gene Erickson regarding the denial of his permit to build a hom on Riverview Drive. (all in favor) (MR. KIMMEL will represent the City and each member of the Council. 95'' • J 0 • • • • K9 April 8, 1980 NEW BUSINESS 1. On motion of Councilwoman Bodlovick, seconded by Councilman Harry Peterson, the date of May 6, 1980 at 7:30 P. M. was set for the following public hearings which will be heard by the Planning Commission on May 5, 1980: Case No. 377 - Special Use Permit for a Petroleum Service at the Brooks Superette, Croixwood Blvd. & County 5 Case No. 379 - Variance for a garage for Jeff Anderson, 1005 Fifth Avenue South (all in favor) 2. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the Council granted a 3.2 Beer Permit to Rick Schneider for August 1, 1980 from 5 to 7 P. M. in Lowell Park prior to boarding The Jubilee. (all in favor) 3. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council approved Change Order No. 1 for Local Improvement No 157 -2 for the replacement of two trees on the Max Bell Property. (all in favor) (This was part of an agreement between the City and Mr. Bell - this easement was given to the City.) 4. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, a resolution was introduced "DIRECTING THE PAYMENT OF THE BILLS ". AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) INDIVIDUALS - DELEGATIONS None at this time APPLICATIONS There was discussion regarding the additional license for the St. Croix Cab Co., and this had no bearing on the issuing of the additional license. On motion of Councilman Roger Peterson, seconded by Councilman Harry Peterson, the Council granted an additional taxi -cab license to the St. Croix Cab Co. AYES -- Councilmen Harry Peterson, Roger Peterson and Mayor Junker NAYS -- Councilwoman Bodlovick, Mayor Junker (motion carried) New Hope Water Control, Inc. 310 North Snelling, St. Paul 55104 Water - Proofing W. J. Presler Roofing & Siding General 3865 White Bear Avenue, White Bear Lake 55110 Renewal St. Croix Valley Roofing Co. 1611 Selby Ave., St. Paul 55104 Roofing New COMMUNICATIONS Wind Energy Conference to be held April 25 and 26, 1980 (no action) Solid Waste Advisory Committee Meeting - April 10, 1980 at 7:00 P. M. (no action) From Independent School District No. 834 - meeting to be held April 14, 1980 at 7:30 P. M. - regarding problems associated with some of the teenage parties held in the valley. (Chief Abrahamson plans to attend this meeting) CITY COORDINATOR'S REPORT 1. On motion of Councilman Roger Peterson, seconded by Councilman Powell, the Council followed the recommendation of the Administrative Committee to transfer Lowell Radke to the Parks Department and to post Mr. Radke's Job. (all in favor) - - -On motion of Councilman Roger Peterson, seconded by Councilman Powell the following { Contractor's Licenses were approved: (all in favor) McPherson Spraying and Taping R. #1, Box 193, Stillwater Plastering, Stucco Work Renewal 1I Renewal !'1 J • • • • • • • • 0 April 8, 1980 2. On motion of Councilman Roger Peterson, seconded by Councilman Powell, A Mr. Kriesel was authorized to hire Dave McGivry to assist in the pre - paration of the fiscal impact study for the Johnson Annexation at the rate of $30.00 per hour and that these fees will be paid by David Johnson. (all in favor) 3. On motion of Councilman Powell, seconded by Councilman Roger Peterson, the Council followed the recommendation of the Administrative Committee that when employees take time off for sickness for a member of their family that such time will be charged to the employee's annual leave time rather than sick leave time (all in favor) 4. On motion of Councilman Powell, seconded by Councilman Roger Peterson, the Council authorized the payment of $191.22 to Stanley Buckley for a court payment rather than the amount previously approved for reimbursement to Mr. Buckley. (all in favor) 5. Mr. Kriesel explained the problems with the engineering fees and the work Olk done for a sewer improvement on North Harriet Street for Mr. Dilts and Mr. Muller and which they feel they should not pay, and feel it is un- reasonable in view of the fact that someone else did the project. On motion of Councilman Powell, seconded by Councilman Roger Peterson, that Mr. Kriesel notify Mr. Muller, Mr. Dilts and Mr. Schwalen that these engineering costs will be spread on a three year period at 7% interest. (all in favor) 6. Mr. Kriesel explained to the Council the procedures of returning the SAC refunds and the problems involved - there are two cities out of the 8 or 9 cities that received refunds that have not made the refunds - the reason that the one City is not refunding is that in the matter of general fin- ancing the City receives many refunds and reimbursements and this could open up the City so that they would have to make many other refunds that they receive and the property party that should receive that refund - the whole and he felt between the the people who have built new homes. The Administrative Committee recommended that this be put in the Sewer Revenue account so that sewer charges would not have to be increased at this time and also that the City is going to have to pay for 10% of the I/I Study which will also come from this fund and then there is another study that will have to follow this one. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, that the amount received as SAC refunds from the Metro Waste Control Commission be kept in the Sewer Revenue Fund to help finance future projects and to help reduce the sewage usage costs. (all in favor) 7. Mr. Kriesel stated that it was recommended by the Recreation Commission to set the Ice -Time fees at $47.50 per hou which is $10.00 higher than it was last year and he went back and look Xt the budget and he estimated that I +0 there would be $40,000 in ice -time rental which would be a thousand increase from last year and with a $5.00 increase this should amount to about five M or six thousand increase over last. He recommended that it be increased $5.00 for the next year to $42.50. COUNCILMAN POWELL felt that we are going to $42.50 now, that we should go to $47.50 for the following year so that the people that are going to have to will concern know School what the cost was going to be. COUNCILMAN HARRY PETERSON stated that the $47.50 was not out of line since some of the other arenas are going over $50.00 for next year. MAYOR JUNKER stated that we could put the Hockey Association in a bind if we jump to $47.50 this year and they are in agreement with the $42.50 - this charge is passed on to the 55 to 600 kinds that participate in the program. The St. Croix Hockey Association is the biggest user. There was discussion about the deficits on this complex and the major repairs that are needed to be done to the arena and how these costs are reflected into the operating costs for this complex, and there were questions raised about taking it back to the Recreation Commission. On motion of Councilman Powell, seconded by Councilman Roger Peterson, the Council set the ice -time for the arena for 1980 -81 for Prime Time at $47.50 per hour and on -prime time at $42.50 and increase it another five dollars for the 1981 -82 season. s rr 0 0 • • • • • • •7-68 8. Mr. Kriesel asked about a meeting date with the regarding the Johnson Annexation to negotiate a date was set for April 14th at 4:30 P. M. 9. Mr. Kriesel briefly explained the rates for the year with the following rates for 1980 -81: Grant Township May Township Stillwater Township On motion of Councilman Powell, seconded by Councilman Roger Peterson, the Council approved the rates for the Fire Contracts as computed by Mr. Kriesel and recommended by the Public Safety Committee. (all in favor) CONSULTING ENGINEER'S REPORT 1. Mr. Van Wormer reported that the I/I Study field work is completed and the tab- ulations are being worked on and the cost figures should be finished tomorrow and the complete report should be prepared and in the packet prior to the next meeting. 2. The Parking Lot is being bid and the bids will be received on Thursday, April 10th at 11 o'clock and there are 14 contract bids out - there is a sixty day hold on the bids so that the Council can wait for the legislature to get done to determine whether or not there will be a project and there is a ninety day completion time on the project. 3. The Main Street re- alignment which the Transportation Department is undertaking along with the traffic signals and flasher at Nelson Street which was scheduled for a May letting - they got caught in their own paper work and they are now proposing a June letting. The physical work can be done this simmer. The second problem on this is the funding - the Federal government has frozen future obligations - they are trying to reduce their obligations by 1% million dollars and this is a 18 to 20 percent total reduction in federal spending on highways and that may exhaust federalfunds in Minnesota with a May or June letting. It will depend upon how they maneuver the federal funds that they have within the State and there are some State funds but these should not be changed. Because of these funding problems they have not net with the Downtown businessmen regarding parking problems during this construction - there is a five week notice in the contract and they have the notice that they have the money, they can process the contract and get started on the improvement. PUBLIC SAFETY No report PUBLIC WORKS April 8, 1980 $15,817 $11,699 COMMITTEE REPORTS Stillwater Township Board Joint Agreement - a tentative Fire Contracts for the coming 1. Mr. Shelton reported that he had a telephone request for handicap ramps to the grills at Pioneer Park and also the bathroom facilities. The Council directed that Mr. Shelton discuss this matter with Mr. Blekum 2. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, the Council direcred Mr. Shelton to contact the individual con^.erned about the condition of the Fizinger Pond that we do not feel that we should maintain this pond forever. (all in favor) 3. Mr. Shelton reported on a request for the moving of a power pole at North Second Street and Hazel Street and Mr. Shelton was instructed to get a quote on the moving of this power pole by NSP. COUNCIL REQUEST ITEMS 1. Mayor Junker stated that he had some requests from the citizens by the Ramsey - Grove Park that they would like a warming house for this rink and out of the goodness of his heart he found a little garage and he will give the garage to the City and the only fee will be the foundation blocks and the total cost will be no mo -e than $250.00. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the Council approved the placement of a warming house on the northeast corner of the Ramsey -Grove Park for the skating Runk and that the cost is not to exceed $250.00. (all in favor) c • • e • • • 1 1 • • • • April 8, 1980 or 2. MAYOR JUNKER stated that the Building Official, Allen Zepper, would like to take the City truck home to White Bear - he will furnish his own gas. The Council did not take any action on this matter at this time. ORDINANCES None RESOLUTIONS The following resolutions were read and on roll call were unanimously adopted: 1. Directing the Payment of the Bills. 2. Press On Bonds - Note Resolution 3. Awarding the Bid for the Removal of Diseased Elm Trees. 4. Vacation of Utility Easements in the Stillwater Industrial Park. ADJOURNMENT On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the meeting adjourned at 9:25 P. M. Attest: • ity Clerk Mayor 9 • • • 1 • 1