HomeMy WebLinkAbout1980-09-02 CC MIN•
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COUNCIL CHAMBERS
Stillwater, Minnesota September 2, 1980 7:30 P. M.
REGULAR MEETING
The meeting was calico' 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: None
Also Present:
Press:
Citizens:
Finance Director /Coordinator, Kriesel; City Clerk, Schnell;
City Attorney, Magnuson; Superintendent of Public Works,
Shelton; Public Safety Director, Abrahamson; Director of
Parks & Recreation, Blekum; Consulting Engineers, Elliott
and Moore; Building Official, Zepper
None
Dr. & Mrs. Fred Kalinoff, Jr., Mr. & Mrs. Frank Biagi,
Brad MacDonald, Patrick Poshek, Jerry Mahoney
INDIVIDUALS & DELEGATIONS
1. MR. & MRS. FRANK BIAGI, were in attendance regarding the liquor license transfer
for The Harbor Restaurant.
On motion of Councilman Roger P eterson, seconded by Councilman Powell,
the Council authorized the transfer of the liquor license for The Harbor Bar
Restaurant from Clark R. Nyberg, William A. Curtis and Gene A. Schleusner to
Frank W. Biagi, James D. Biagi and Susan Jenkins Biagi. (all in favor)
2. Dr. & Mrs. Fred Kalinoff, Jr. appeared before the Council with a request and
petition for a variance to build a screen porch to the back of his home toward
the railroad tracks. The petition was signed by ten property owners in Lakeview
Terrace that they are not opposed to this request.
On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the
Council granted the fifteen (15) variance to Dr. & Mrs. Fred Kalinoff, Jr., to
build a porch to the west side of their property, and waive the public hearing
for same. (all in favor)
PETITIONS
None
UNFINISHED BUSINESS
1. There was discussion on the proposal from Patrick Poshek to do the assessing
for the City of Stillwater.
The Administrative Committee consider this at their meeting this evening
and for the time being they felt that the City should continue for at least the
present time with the present service that we get from the County - the financial
burden could become even greater in hiring our own assessor.
MR. POSHEK felt that the City should have a full City Council for the Board of
Review which has not been done in the past and he was informed that two Council
members and the City Attorney serve on this Board of Review in accordance with
the City Charter.
On motion of Councilman Roger Peterson, seconeed by Councilman Harry
Peterson, the Council followed the recommendation of the Administrative Committee
and will continue with the County for 1980. (all in favor)
2. On motion of Councilwoman Bodlovick, seconded by Councilman Harry Peterson, a
resolution was introduced "APPOINTING DELBERT KRUSE AND EARL PLATTNER AS PERMANENT
EMPLOYEES AS OF DECEMBER 4, 1979."
AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson, Powell
and Mayor Junker
NAYS - -None (see resolutions)
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NEW BUSINESS ed
1. On motion of Councilman Roger Peterson, second /by Councilman Powell, the interest
rate for the proposed assessments for Local Improvement Nos. 152, 167, 175, 171,
173, and 166 were set at 7.25% as recommended by Mr. Kriesel. (all in favor)
2. On motion of Councilman Powell, seconded by Councilman Roger Peterson, the claim
from Paul G. Donlin, St. Paul for an accident in Lowell Park was referred to the
McGarry- Kearney Insurance Co. (all in favor)
3. Mr. Farrell discussed with the City Council the proposed ordinance for Existing
Business Districts - the purpose of this is two -fold -- all of them will be
treated alike and the City Cpuncil would have a better control of the property
if it is zoned this way. He had mailed out a memo on this matter and he proceeded
to explain this memo at this time.
He recommended that a legal contact with the deed that is filed with the
County on such properties and there would have to be legal descriptions drawn up
for these properties.
The Planning Commission is also concerned about three abandoned businesses
and he felt that the Council should contaL these property owners as to what they
plan to do with these properties.
MR. MAGNUSON suggested that the owners be notified and do all of the preliminary
work before the ordinance is passed and check out other areas that could be
included in this ordinance.
M• 4. On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick, a
resolution was introduced APPOINTING RUTH DOERR AS AN ELECTION JUDGE FOR THE
I FIRST WARD, SECOND PRECINCT TO REPLACE MARCIA FOURNELLE WHO I5 UNABLE TO SERVE ".
AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson,
Powell and Mayor Dunker
NAYS- -None (see resolutions)
5. On motion of Councilman Roger Peterson, seconded by Councilman Powell, the
Council authorized both of the requests submitted by Allen Zepper, Building
Official (attendance at North Hennepin Commercial College on each Tuesday
and attendance at a seminar at North Hennepin Community College on October 16,
1980). (all in favor)
6. MR. ZEPPER stated that he and Mr. Shelton are concerned about various areas in
the City that are being filled in and did not feel that the City had any
ordinance or control over.
MR. MAGNUSON felt that this is possibly covered by the Wetlands Ordinance
and it was concurred that Mr. Magnuson, Mr. Zepper and Mr. Shelton will check
out the present code and report back to the Council on this matter.
7. On motion of Councilwoman Bodlovick, seconded by Councilman Harry Peterson, a
resolution was introduced "DIRECTING THE PAUMENT OF THE BILLS" with the addition
of the appraisal payment to John Ogren.
AYES -- Councilwoman Bodlovick, Councilmen Harry Peterson, Roger Peterson, Powell
and Mayor Junker
11 NAYS- -None (see resolutions)
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INDIVIDUALS & DELEGATIONS
None at this time
September 2, 1980
APPLICATIONS
On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the follow-
ing Contractor's Licenses were approved: (all in favor)
All Construction, Inc.
10740 - 110th St. N., Stillwater General Renewal
McCarron's Bldg. Center, It..
23840 Lake Blvd. N., Forest Lake, Mn. 55025 General New
COMMUNICATIONS
From the League of Minnesota Cities regarding Local Government Aid Reductions.
Mr. Kriesel stated that we should be informed sometime after
September 15th on this matter.
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September 2, 1980
CITY CLERK'S REPORT
1. On motion of Councilman Roger Peterson, seconeed by Councilwoman Bodlovick,
a resolution was introduced "ACCEPTING THE WORK AND MAKING FINAL PAYMENT TO
THE CONTRACTOR FOR LOCAL IMPROVEMENT NO. 166 ".
AYES -- Councilwoman Bodiovick, Councilmen Harry Peterson, Roger Peterson,
Powell and Mayor Junker
NAYS - -None (see resolutions)
There was discussion about the drainage in this area and washing away
of the soil in the spillway and is breaking off of the blacktop in the parking
lot.
CITY COORDINATOR'S REPORT
1. On motion of Councilman Harry Peterson, seconded by Councilman Roger Peterson,
the Council followed the recommendation of the Administrative Committee that
the City give the County official notice that the City of Stillwater would like
to be relieved of any responsibility at the old Courthouse. (all in favor)
2. MR. KRIESEL informed the Council that he had talked to Ron Langness about the
bonding for the water assessments for the Brown Creek's Addition and the properties
so the south of this area that will be assessed for this improvement. The assess-
ments could be deferred for ten years on the properties would create a hardship and
then have a balloon payment after ten years and if the people have not come in and
paid the assessments it would have to be re- financed. The total estimated cost
is about $130,000 - Mr. Gould is willing to pay off the assessments on his
property immediately upon the sale of the property. This would mean that about
$50,000 to $70,000 would be deferred.
There was discussion about having the public hearing for this improvement -
we do not have a formal petition for this improvement, but Mr. Gould had inquired
about the possibility of getting the water to his plat. There was discussion about
how much the City could assess to Mr. Gould over and above the actual benefit to
the plat.
On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the
Council directed that Mr. Kriesel inform Mr. Gould that if he wants water that he
should submit nis petition by September 16th so that the proper public hearings
can be scheduled. (all in favor)
3. MR. KRIESEL reported to the Council as to the condition of the Sewer Fund and
the possibility of taking monies from this fund to do the work on the Edgewater
Ditch. Due to the fact that this fund will be depeleted of any surplus by the end
of next year, there would not be any monies available for this project or any other
project. He further reported that it will be necessary to increase the sewer revenue
rates by $3.42 per housiiold for 1981 in order to break even with the SAC refund monies.
The rate will be going up to the Metro Waste for next year - the charge will
go up to $345,000 which will be an increase of about $100,000 - the estimate for
1980 was $239,000 and we originally had $220,000.
CONSULTING ENGINEER'S REPORT
1. MR. ELLIOTT reported to the Council on the Edewater Ditch and the progress of the
project - he talked to Orrin Thompson's office about this project and the sodding
plans had been delivered to their architect last week -he checked this eiening
and nothing has been done. The property owners abutting this area are very dis-
turbed over the progress of this project and he did not know what kind of bond
the City has left on this improvement and what kind of action the Council should
ake on this matter. If nothing is done by the next Council meeting, that the Council
take some action on this matter, and that Mr. Magnuson advise the Council as to the
legal recourse on this matter.
MR. BLEKUM asked about getting them to fix up the roadway that they are making going
in and out of there all of the time and MR. ELLIOTT felt that should be a part of
the whole package and should be done by them and not the City. This should be a
roadway for maintenance use and the residents there should be informed of this fact.
MR. MAGNUSON felt that the Council has a lingering question on the City's responsi-
bility and he felt that any bonds that they had are all gone - if anything there
might be $2,000. The time these bonds are any good at all is when the contractor
is insolvent - that is what they are for - if the contractor goes "belly -up" during
the project, you can finish it for him - he felt that the City should go directly
after Mr. Thompson for this money since there is a resolution that this work would
be done bf the developer, and there is no argument about this.
On motion of Councilman Harry Peterson, seconded by Councilman
Roger Peterson, the Council directed that if by September 16th there has
not been substantial movement that at that time the City Attorney be
instructed to institute a lawsuit. (all in favor)
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2. Thee was discussion about eliminating the flows in the Downtown area and Mr.
Shelton made reference to the various parcels that are affected and the costa
and the availability of the storm sewers to their locations.
On motion of Councilman Roger Peterson, seconded by Councilwoman Bodlovick,
Mr. Shelton was instructed to send a letter to the property owners in the down-
town area telling them of the amount that they would owe for the excessive
flowage and that there will be a meeting on October 14th at 7:00 P. M. in order
to discuss this matter. (all in favor)
MR. MAGNUSON questioned the fact that they knew that they are committing a crime
in doing this
3. MR. ELLIOTT reported to the Council on the assessment figures for the matting
project. The assessment figures discussed previsouly were from zero dollars to
$10.23 if no Municipal State Aid monies were used and $2.50 if minimum State Aid
monies were used. Since there was no clear cut policy set by the Council at
that time they did take a look at what the cost would be on Lookout Street which
was total reconstruction and also the matting of the Municipal State Aid Streets
and Rainbow Court. They currently have it at a uniform rate for the matting at
$7.41 per front foot with the drives on Rainbow Court to be assessed individually.
Lookout Street comes out at $20.89 and they were told $18.00 at the time of the
hearing - the way the contractor bid this it came out higher - he put more money
on the Lookout portion. They will follow the normal procedure on the corner lots
which will be assessed on 35% of this footage.
The Council concurred in using the figures that Mr. Elliott quoted for
the proposed assessments for these projects.
4. MR. MOORE informed the Council and he and Jack drove all of the projects that are
being done this year and they are all final - the lift station has been started
at Lux's Addition last Thursday - he has not finalized the quantities with Keller
on Nos. 171 and 173 and Lux's Addition, and then will proceed with the assessment
rolls on these projects.
PUBLIC SAFETY
None
PUBLIC WORKS
None
COMMITTEE REPORTS
PARKS AND RECREATION
1. Mr. Blekum inquired about the finishing of the Parking Lot on South Main Street
and the information booth that is to be constructed in this area so that he can
proceed with the landscaping in connection with this project and there was
discussion about the drainage proglems in the area.
mg MR. KRIESEL was directed to send a letter to the Chamber of Commerce about
the location of the Information Booth so that this project may be completed this
year.
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BUILDING OFFICIAL
None
CITY ATTORNEY'S REPORT
MR. MAGNUSON reported on his meeting with Mr. Ogren regarding the appraisal payment
and the various figures that have been quoted and arrived at for this payment.
On motion of Councilman Powell, seconded by Councilwoman Bodlovick,
the Council accepted the negotiated figure of $112,500 for John Ogren s appraisal
payment and this bill be added to the Bills Resolutions of this meeting.
(all in favor)
There was discussion about the assessments for these improvements to the Ogren
property's which will be assessed on an area /acre basis. Mr. Elliott stated with
the use of state monies this assessment would be about $6,000 per acre.
COUNCIL REQUEST ITEMS
MAYOR JdNKER has a bill for Lumberjack Days on which there is a problem - he and
Wally will check this out with Mr. Magnuson and bring it back to the Council at the
nest regular meeting.
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ORDINANCES
None
Attest. 04 AP. -e-i
City Clerk
September 2, 1980
RESOLUTIONS
the following resolutions were read and on roll call were unanimously adopted:
1. Directing the Payment of the Bills.
2. Permanent Employment of Delbert Kruse and Earl Plattner - Public Works
Department
3. Election Judge Change - Ward 1, Precinct 2 (Ruth Doerr)
4. Accepting Work and Making Final Payment, - Local Improvement No. 166.
ADJOURNMENT
On motion of Councilman Harry Peterson, seconded by Roger Peterson, the
meeting adjourned at 9:05 P. M.
Mayor
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