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HomeMy WebLinkAbout1985-04-02 CC MIN7 308 • • COUNCIL CHAMBERS STILLWATER CITY COUNCIL MINUTES 7:30 P. M. REGULAR MEETING APRIL 2, 1985 The meeting was called to order by Mayor Peterson. City Clerk Johnson gave the Invocation. Preset: Absent: Also Present: U uncibirs Bodlovick, Junkrr, Kimble, MacDonald and Mayor Peterson None City coordinator Kriesel City Attorney Magnuson City Clerk Johnson Finance Director Caruso Public Safety Director Mawhorter Building Official Zepper Public Works Director Meister Consulting Engineer Davis, SE9 Consulting Engineer Elliott, SDI Parks & Recreation Director Blekum Press: Jeanne Landkamer - St. Croix Valley Press Citizens: Approximately 110 citizens were in attendance APPROVAL OF MINUTES rbtim by Conc,lnatm eodlovick, seconded by wuncilmenber Jmker to approve the minutes of March 19, 1985, both Regular and Recessed meetings. (all in favor) INDIVIDUALS & DELEGATIC S 1. Washington County HRA - Tax Inc repent Plan Update. Kit Carlson and Walt Hartmann of Washington county HRA were present to update the Council on their plans. They have identified those areas in the Industrial Park which stow sone potential for developient. Walt Hartman presented a draft of the Tax Increment Plan. He suggested that the Concil review the draft in the next couple of weelcs and submit any questions in regard to it. The plan could possibly be put into effect by the first noting in May. 2. Duwntown Retail Council - Use of Lowell Park for Arts Festival Tan O'Brien, President of the Downtown Council, was present to make this request. The Damtam Council would like permission to use the north end of Lowell Park for the Rivertam Arts Festival on May 18 and 19, 1985. They have taken steps to preserve the flower beds and have checked with Police Chief Mawhorter in regard to traffic control. Motion by councilmember Junnker, semneed by Councilnenber Kimble to approve the request of the Downtown Council to use the north end of Lowell Park on May 18 and 19 for the Rivertwm Arts Festival. (all in favor) PUBLIC HEARINGS 1. Oak Glen Townhomes Plat No. 2, Preliminary & Final Plat, Case No. 578 —" BRUCE FOLZ was present to represent the Oak Glen Development Co. He explained the Oak Glen Co. is proposing an addition to the townhouse site. The overall develop- ment plan encompasses about 500 acres. Mr. Holz gave some historical background on the development. He stated the first plan called for four-plex and duplex units which has been changed. The new units will be on the north end and includes 16 townhouse units clustered in four unit buildings. The original townhouses there were built ranged from about $225,00- - $255,000. The plan is to get into a lower market ‘.... and these units would sell for about $120,000 - $125,000. About eight or ten sanitary and water services need to be added; the streets will be private: the watermain extension would be put on a public easement. Dean Miller, Chairman of the Planning Commission, stated the Planning Camdssion voted unanimously to approve the plan. City Engineer Meister stated erosion control measures should be taken in this area. MAYOR PETERSQ4 CLCBED THE PUBLIC HEARING. Motion by councilrarber Bedlovick, seconded by Comcilmanber Junker to adopt the appropriate resolution "Approving the Preliminary Plat, Final Plat, and Grading Plan for Oak Glen Townhouse Plat No. 2 and Preliminary Plat and Grading Plan for Oak Glen Townhouse Plat No. 3". (Resolution No. 7456) Ayes — Wuncilnambers Bodlovick, Junker, Kimble, Mac Donald and Mayor Peterson Nays -- None 2. insert: Cosgrove, 702 North Fourth Street, Request for Variance, Case No. 577 Mr. Cosgrove was present to request a variance in order to build a garage eight feet from his neighbor's property (Jackie Nygren, his neighbor to the west). • • April 2, 1985 309 • o.r Mr. Dean Miller stated the Planning Commission voted unaniitsuly to approve this request. MAYOR PEPfR.SCN CCB® THE PUBLIC HEARING. Motion by Coumcilnmenber Kimble, seconeed by Councilnorber MacDonald to approve the Variance request for Joseph Cosgrove, 702 North Fourth Street, in order to construct a garage within eight feet of his neighbor's garage. (all in favor) 3. Continuation of Public Hearing - Loral hnroveient No. 220, Street Improvements on Pine Willard Churchill, Second and First Streets. MAYOR PETER.SON briefly recapped the Public Hearing which was held on March 12, 1985, and introduced Duane Elliott of SEM who brought the residents up-to-date on the events of this proposed inprovenent. JEFF DAVIS, also of AEH, addressed how the State -Aid funds are used and presented the changes made in the proposal since the hearing on March 12. He stated the figures previously presenter] did not include the total allotment of MSA funds. Je explained the City is able to use part of the 1986 allotment of these funds in adti tion to the 1985 funds. The options would be revised as follows: Option I - $66.31 Option III - $38.61 Option II - $60.21 Option IV - $39.17 Various locations are proposed for new water services by the Board of Water Conmissianers which includes a connection to the water rain and connection to the existing service. Mr. Davis discuss the tailpiece which connects to the existing service at the curbbox. Wuncilmaiber Bodlovick asked if the tailpiece is necessary and Danis McKean of the Water Department said it could be eliminate]. Ms. Casanova 223 West Pine Street, asked why the complete street of Churchill is proposed but Pine Street is piecemeal. Mr. Davis stated these plans were recommended by the City and Ken Meister said that with the honey alloted from MSA FUNDS and condition of the street they felt it was best spent by gong from Third Street to Molcamte on Pine Street at this time and in the future they would reconstruct the rest of Pine Street. Elmer Foster 805 West Abbott Street, asked if the figures given include the entire cost of the project that will be assessed against the property owner without any indication of a general levy against the City. Be also asked about the rule that you have to improve the property at least to the extent of the assessment. It was stated that this is the best estimate of the costs involved which includes 10% for contingencies. The second part of the question will be discussed later. Ms. Casanova asked by the City doesn't get a second opinion regarding the costs and nethods. She also asked if the City Engineer doesn't have a conflict of interest since he use to work for SEM. Mayor Peterson stated this is not a conflict of interest, and the expense would be prohibitive to bring in another engineering firm and start all over again. The Council concurred. The Council asked why the cost for a new water service, when it is fen the rain line to the property line, is charged to the property owner. MR. MC KEAN stated the property weer is responsible for water service from the waternain to the house and MR. MA(NUSON stated that is the City policy. RCN FE[SCY. 1204 South First Street, asked if sidewalks would be replaced even though this is not needed. MR. DAVIS said they would try to save the sidewalk if they can. A lady living on Churchill Street asked which option would be used for Churchill Street. Mayor Peterson stated this would depend on which program the City decides to use. Ms. Casanova asked if there will be a boulevard if Pine Street is nade two feet wider and MR. MEISIER replied there would still be some boulevard. Jayne F. anith, 226 East Myrtle Street, and also a realtor, stated that in the past two weeks she has been asked to do nine appraisals an the streets involved. She said there are many older people who are concerned about the assessments against their property in this area. If they would sell, no one would be able to afford these homes. Are there any other nethods to neke improvements and not put the burden on these older people. She also asked if Pine Street needs to be widened two feet and, therefore, lose some of the history and old look of the City. Glen Medbay. 215 West Pine Street stated that streets wear out and at some point they will have to be replaced. It will cost more ata later date and can't see letting then go. Gene Holger 709 South Second Street stated he lives on a secondary street, that 'Third and Fourth Streets are the rain arteries through town. Since the law was changed to bus children to school, they have a multitude of busses going past his house and the street takes a beating. Dewey Miller 806 South Second Street asked how the residents of Third Street were assessed far their improvements. Mr. Kriesel stated that was a County State Aid Project and the residents were assessed for sidewalk and not for the street. • / • 310 April 2, 1985 • • • Mr. Miller asked if this could be the for the project being considered. Duane Elliott answered that the Municipal State Aid system encompasses this project, whereas there was also a County State Aid system which included Third Street and not any of the streets being considered for improvement. Mr. Fosterliving on Abbott Street, asked why Churchill has to be improved the distance being proposed, because they have noticed that even during storms, traffic moves very quickly and apparently it is being improved because it is an artery. Icy penalize everybody because the CityveTh st on Churchill wants a straight shot to Greelq or Ibwntown Stillwater. The street is goad enough now. MR. MEISTER stated RSA funds are allocated for this type of street, a major collector type of street. They have to meet certain specifications designated for State Aid streets. They are going all the way because even the patches are breaking up, sidewalks are in poor condition, in certain areas curb does not even exist and it is costly for the City to maintain. The poor condition of the sidewalks are bad for elderly people and the City and piol.erty owner could be liable for an accident. Dick Juleich, 504 South Sixth Street, questioned the assessment policy and said a different policy needs to be used. MAYOR PETERSCN introduced Betty Cameo, Finance Director, who presented an analysis of an assess- ment policy proposed by Councilmnenber Kimble. The proposal stated that 35% of the assessment would be an overall City tax levy. On Option I, if the City picks up 35% of the cost this would amount to about $390,000. If this procedure is followed, the mill rate will go up and taxes will be increasing. LINDA PETFRSC4. living on Pine Street, asked how that compares if you add everyone's interest up on their personal assessments. Ms. Caruso replied it would be the same. MS. CARUSO explained this proposal when applied to the other options and how the mill rate would increase. DUANE ELLIOTT asked if the City contributes, what is the end result on the assessment per front foot. MS. CARUSO replied that on Option I, it would decrease it to $43.10 per front foot; Option II would decreased to $39.13; OPtion FII to $25.10; Option IV to $25.46. BARB ANDERS24, 422 Nest Pine Street, stated this is a more equitable way to do the assessment. The City, as a whole, should share in the costs, because these streets are used by everyone. MGR PEl'FRSCN stated property owners on other streets have not been assessed in this manner, where the whole City pays part of the assessment, and they are paying for their assessments themselves. This would be unfair to then. MS. ANDFRSON asked if we should keep perpetuating the sane system just because it is unfair. CCUNC/LMEMBER KIMBLE stated there are two positions on the proposed assessment policy (1) it is inequitable, it would be impossible to give a rebate because the City comprises all the residents and would be too costly to implement; (2) a number of residents are here because the present policy is too costly - we could have the City ley the whole assessment, but then the mill rate would be considerably higher and the rest of the City would be very unhappy with this situation. He attempted to strike a balance with the proposal whereby the City would pay 35% after looking at other City policies. Mien the City contributes to an assessment, it wic, out of everyone's tax dollar, which would then raise the will rate and taxes. A lady asked a question about the precedent setting case whereby an assessment for improvements cannot be more than the increase in market value of the property. CITY ATTORNEY MACNUSCN explained this further. NUNCIIMEMBER KIMBLE reviewed his awn case when he sued the City and stated the end result did not improve his situation to any great anount. A lady asked if the residents will vote on whether they want the assessments and the Council stated they make the decision after listening to the residents coumients. MR. FOSTER stated he understood Mr. Kinble's opinion, but every taxpayer has the right to challenge the City in court. MR. KIMBLE stated he presented his case as an example and is not denying anyone the right to challenge City policies. MR. KNOCHE, 201 Fast Burlington Street, asked if the City has a long-range plan for streets and sidewalks and is there a plan to use Second or Third Street as a major exit from the Downtown area? KEN MEFSTFR stated they are currently working on a pavement management plan for the entire City; and Third Street, Churchill & Pine will be collector streets - Second Street will not be a collector Street. MRS. SMITH said the purchase agreement which is approved by the St. Paul Board of Realtors stipulates that all levied pending assessments as of closing shall be paid by the seller. BERT CR/STFNSCN, 1007 South Second Street, asked about a road tax on every vehicle in Stillwater to build up funds for street improvements. Mr MEHL is, 663 South Second Street, addressed the City long-range pavement plan and stated he sees City workers driving around in vehicles all day which are empty now and could have street patching materials in then and they could fix the streets as they travel about town. A nan on South First Street stated that we all have had to endure the inflation of the past several years and we all have to look to different methods to keep the costs down. 4 • • • April 2, 1985 31I'\, Dwayne Nelson, 822 South Second Street, asked if State Aid funds can be used for repair. MR. ELLIOTT replied these funds cannot be used for repair, only construction. The City has a five-year plan with the Minnesota Department of Transportation. If the streets proposed are not done, the funds will go to some other State Aid project. LED JEWELL stated he has talked with MN/DOT and he was informed the City would not lose funds. MR. ELLSo1T explained the State Aid runds policy further. A man asked what streets are identified in the Five -Year plan. Mr. Meister replied. Amen asked about the 25% administrative costs and requested a breakdown. MR. KRIFSEL responded by stating that an approximate breakdown would be as follows: Engineering, 15%; Administrative, 1%; Capatilized interest, 3%; Bonding costs, 1%; Assessment roll preparation, 1%. tree JCENSON, 309 South Fifth Street, stated that over the years we have been depositing honey into the MSA funding project and we should get this hark into our conmmity. He added he does not live m an MSA street, but we should take advantage of these funds to get the streets done. MAYOR PETERSON CLOSED THE PUBLIC HEARING. The Council stated they have to respect the resident's wishes, and since they have overwhelmingly expressed the opinion that they don't want these streets improved, they will day it. It was stated that there is a Senior Citizen deferral program to help this group of people. COUNC/LMEMBER KDIHLE asked the Engineers to explain the street patching program and why this is not adequate to fix a street. Residents were also reminded that the streets will need fixing or reconstruction and it nay cost nore in the future. MF. MAGRUSON reminded the Council that a resolution will need a fourth/fifths majority. Motion by Councilmember Junker, seconded by Councilmember MacDonald to deny Ioral Improvement No. 220, Street Improvements on Pine, Willard, Churchill, Second and First Streets. (all in favor) THE COUNCIL RECESSED FOR TEN MINUTES PETITIONS, INDIVIDUALS OR DFd •.waTIONS (continued) 1. Petition fromResidents of Dutch Town, Safety Sims - Public Safety Director Mewhorter stated there is a thirty mile zone in this area and the area does not lend itself to speeding. Warming sins are not enforceable and he doesn;t believe these kinds of signs would be beneficial. Discussion followed. Motion by ouncilnanter Junker, seconded by Couaoilnerber MacDonald to place appropriately worded signs at the entrance of Alder Street and entrance to Hazel Street. (all in favor) The Council stated parents should take responsibility for the safe play of their children, and do not condone children playing in the street. UNFINISHED BUSINESS 1. Labor Contract, I.U.O.E., Icval 49 - City Coordinator Kriesel explained the changes in the contract. Sane changes were made to Article III, Definition; in Step 5, page 7, Employee Rights Grievance Procedure; and Work Schedules on page 11; and an increase in wages. Motion by u nci]me her Jmker, seconded by ouncilnarber Kimble to adopt the Labor Contract for Public Works and Parks Employees, I.U.O.E. Local 49 as presented with the changes. (all in favor) 2. Reapportionment of Assess ents - Outlots A & B Stillwater Industrial Park. MR. KRIESEL explained the assessment reapportionment was based on a subdivision of Outlots A and B in the Industrial Park. This was proposed for Local Inproveie nt No. 173 in approxi- mately 1979. When assessed, the boundaries of the area were changed due to an oversight when the assessment roll was adopted. He presented the figures for the proposed reapportion- ment. The total amounts would be the same, they would le apportioned differently. City Attorney Magnuson stated they would check and peke sure that an unsuspecting prnperty owner does not have twice as many assessments. Motion by ouncil>ren6er Dunker, seconded by (buncilmenber Bodlovick to approve the Reapportionment of Assessments for Outlots A & B, Stillwater Industrial Park. (all in favor) NEW BUSINESS 1. Resolution " Directing Payment of Bills" Motion by omcilnember Kimble, seconded by ouncilmenber MacDonald to adopt the appropriate resolution approving the "Payment of Bills". Resolution No. 7455.) Ayes -- ouncilmembers Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson Nays -.. None • • April 2, 1985 • • OAUNCIL REQUEST ITEMS —councilmeber Bodlovick stated she received a phone call concerning the Rivertown Inn and the Fenelon's having a dinner on Friday night and a wedding on Saturday night and according to their Special Use Permit, this is not allowed. Mr. Kriesel added that this had probably been previously scheduled with the former owners, the Vegsunds', and the Fenelon's were caught in a bind. Mr. Kriesel will send a letter to the Fenelon's reminding then of the restrictions in the Special Use Permit against dinners and wedding receptions. —Councilmerber Kimble uded the City crew for the excellent snowplowing job during the recent snowfall. - -Fayor Peterson distributed a book to ach Councilmenher to review before the Board of Review meeting on May 8, 1985. -- Motion by Cburcilnenber Bodlovick, seconded by Councilmenher MacDonald to appoint Councilxunber Kimble to the Recreation Corniesion with the tens to expire January 2, 1987. (all in favor) --Mayor Peterson stated he had a call fran residents regarding dirt bikes that are running around MCKusick Lake in the area of Linden Street. CITY ATIC9NEY MAGNUSai added that there is an ordinance stating that a parent or person awning a vehicle with knowledge of the juvenile using it is liable under the ordinance. Motion by Councilnenber Bodlovick, seconded by Councilneibei Kimble to place the appropriate sign restricting recreational vehicles in the McKusick Lake area. (all in favor) STAFF REPORTS CITY CLERK No retort FINANCE DIRECTOR Ms. Caruso presented 1985 insurance proposals she has received fran the League of Minnesota Cities and acme Insurance Co. She recommended that the City continue with Hare Insurance Cb. Motion by Coumcilrtanber, Dunker, seconded by Counciimerrber Bodlovick to approve Home Insurance Co. as the City policy. (all in favor) BUILDING OFFICrar No report CITY ATTORNEY — Mr. Magnuson introduce] two ordinances. Pie regulates the conduct near schools. Motion by Councilmynber Kimble, seconded by Councilmanber MacDonald to have a first reading of Ordinance kb. 634, "Mending Chapter 52.03 of the Stillwater City Code - Conduct Near Schools." (a11 in favor) — 'The second ordinance relates to Interference With Privacy. Motion by Councilmeber Junker, seconeed by Councilnetber Kimble to have a first reading of Ordinance No. 635, "Protecting Persons from Certain Interference with Their Privacy" by Adopting Chapter 52.11 "Interference with Privacy". (all in favor) — Mr. Magnuson stated the hearing for the Annexation of the Firneman property will be held at the City Hall on April 17. Mr. Zepper announced that permits had been issued today for the building on this property. The Council advised Mr. Zepper to tell the people involved that this property is still in Stillwater Tbrmship and has not been annexed to the City of Stillwater. Mr. Zepper stated he understood that when a piece of property is included under the Joint Powers Agreement, he could issue permits for buildings. Mr. Zepper was also advised to check with the County regarding fees on this issue. MR. KRI)'vr raised the issue of the Oak Park Heighrs sewer line which goes through this property and the City of Stillwater would have to sign an agreement with Oak Park Heights and Fineman for sewer service. Motion by Conncilnnnber Junker, seconded by Councilmerber MacDonald to sign an agreement with the City of Oak Park Heights and Finneran properties in regard to sewer service for the Finneran property. (all in favor) PUBLIC WCHKS - -Mr. Meister announced that bids were received on March 28 for the Wildwood Pines Third Addition and Gartzke Construction was low bid with the amount of $49,745.00. Motion by Councilnanber Junker, seconded by Councilnenter Kimble to adopt the appropriate resolution "Accepting the Bid of Gartzke Construction in the amount of $49,745.00 for construction of Utilities for meal Improvement No. 226, Wildwood Pines Third Addition" (Resolution No. 7457) Ayes — Coumcilaembers Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson Nays — None • • • April 2, 1985 — Mr. Meister announced that he has received 25 applications for the Sewer Maintenance position. He recommends that five applicants be interviewed. He would like to have this person arployed by May 1. Cbuncilnember Junker, Mr. Kriesel and Mr. Meister will meet with candidates for. the position on April 10, 1985. - Motion by Nuncilmeriber Junker, seconeed by Councilmarber Kimble to prepare specifications and advertise for bids for a one -ton truck, backhoe, and dump truck. (all in favor) PARKS E. RECREATION No report PUBLIC SAFETY DIRECICR —Mr. Mawhorter stated that the Dog Catcher has scheduled his time among three shifts. CITY COORDINATOR —Mr. Kriesel stated he has received an application for gambling license iron Mick Johnson represent- ing the Multiple Sclerosis Society who would like to operate at the Freighthouse. We have thirty days from today's date to object to this license. Mr. Magnuson clarified the law and discussion followed. Motion by Councilnesber Junker, seconded by Coumcilmerber Marrrmand to ask Mr. Johnson to attend the April 16 meeting to discuss this application. (all in favor. — -Mr. Mriesel presented a gknte from Mark Lange for $625.00 to paint the Council Chambers and $900.00 to add other areas of City Hall. The Council advised Mr. Kriesel to get another guate in addition to Mr. Lange's oid. — Mr. Kriesel mould like to discuss police negotiations in Executive Session after the meeting. APPLICATICHS — Motion by Conmcilmerber Junker, seconded "to consure" requested by Greg Yoking for Greg Yoking R. 61, Box 192, St. Joseph, WI. 34082 Telephone: 549-6564 by CbunciLredner MacDonald to approve the application a private party at the labor 'Teeple on April 27, 1985: (all in favor) This is a private family party. It will be held at the Labor Temple Date: Saturday, April 27, 1985 Tine: 7:00 P. M. to Midnight Beer to consure --Motion by CounciLnember 8odlovick, seconded by Cotmcilnenber Kimble to approve the following applications for Contractor's Licenses: (all in favro) Robert J. Carlson Masonry 1346 South Third Street, Stillwater Charles Cidd Company Plaza 94, Hudson, WI. 54016 Ed Helseth Construction 844 - 23rd Ave. N., South St. Paul 55075 Junker Landscaping 1001 N. Fourth St., Stillwater Kennedy Builders, Inc. 1200 Nightingale Blvd., Stillwater 'lbw Landry Box 312, Sonerset, WI. 54025 Rite -Way Waterproofing, Inc. 7337- Lake Drive, Lino Lakes, hb. 55012 Masonry & Brick Work General General General Moving & Wrecking Bldgs. Landscapers General landscapers Water -Proofing Woodland Cabinet & Construction Co. General 11596 St. Croix Trail No., Stillwater Jonk Masonry - Ridiard H. Jonk R. #2, Box 252-E, Somerset, WI. 54025 Masonry & Brick Wbrk MISCELLANEOUS Renewal Renewal New Renewal Renewal Renewal Renewal Renewal Renewal —The Council discussed a claim against the City presented by Michael & Sandra Hudson, 2304 Fair - meadows Road, for a sewer line back-up. Mr. Meister stags this was due to a partial blockage in the main line. Mr. Meister stated there would be another claim due -_o this same problem. Motion by Councilmemter Kimble, secaneed by cbuncilmenber MacDonald to send the above two claims to the insurance company. (all in favor) • • • April 2, 1985 --'fie City has receive9 a letter from the City of Hutchinson in regard to need for Industrial Revenue Bond Financing and Mr. Kriesel stated he would refer then to Denis Balyeat of Washington (binty HRA. —Mayor Peterson stated that the Council, in the near future, will have to discuss the City/ Ttmnship Joint Planning Committee and our response to the proposal which has bees presented. --Mr. Kriesel asked approval to sand Bob Murphy to a Basic Skills in Emergency Management Seminar on April 22 - 26, 1985 at the Arden Hills Training Center. The only cost involved would be for mileage. Motion by ohncilmmarber Junker, seconded by Councilmenber MacDonald to approve Bob Murphy's attendance at the Basic Skills Seminar on April 22 - 26, 1985. (all in favor) ORDINANCES First Readings --Ordinance No. 634 - Amending Chapter 52.03 Stillwater City ode "Conduct Near Schools" --Ordinance No. 635 - Adopting Chapter 52.11 "interference With Privacy" RESOLUTIONS Na. 7456 - Approval of Preliminary Plat, Final Plat and Grading Plan for Oak Glen lbwnhouse Plate No. 2 and 3 No. 7455 - Directing Payment of Bills No. 7457 - Accepting Bid for Local improvement No. 226 - Wildwood Pines 'third Addition Utilities AtUOURMM3Tf Motion by Concilnadri Jehker, seconded by Councilnenber Kimble to adjourn the meeting at 10:30 P. M. (all in favor) Attest: ito ✓wave `� m2erk