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HomeMy WebLinkAbout1980-09-02 CC MIN• • 't96 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) a S1 w • • • l • 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) b�• V 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. 197 '' • • • • 698 • 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) i I • a • • • • ^ September 2, 1980 1 9 9 • OR n 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. fv! 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. • • • • • .400 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 PTh d s • • • • •