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HomeMy WebLinkAbout1993-10-19 CC MIN r STILLWATER CITY COUNCIL MINUTES REGULAR MEETING October 19, 1993 7:00 P.M. The Meeting was called to order by Mayor Hooley. Present: Councilmembers Bodlovick, Cummings, Funke, (left at 8:35 P.M.), Kimble and Mayor Hooley. Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Consulting Engineer Moore Consulting Engineer Peters Finance Director Deblon Public Works Director Junker Comm. Dev. Director Russell City Planner Pung-Terwedo City Clerk Johnson Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette r Bill Pauley, John Jewell, R. Kilty, Scott McDonald, Steve Fiterman, Leonard Feely, Peter Polga, Walter Johnson, Bob Utecht, Ed Cain. APPROVAL OF MINUTES Motlon by Counc1lmember Bodlovick, seconded by Councilmember Kimble to approve the minutes of the Special Meeting of Sept. 28 and Regular & Recessed Meetings of Oct. 5, 1993 as presented. (All in favor). Others: STAFF REPORTS 1. "Pi nance Di rector Request wage lncrease for certain retiring employees Ms. Deblon initiated dlScusslon of a wage increase for Senior Account Clerk LaVonne Simon, who is expected to retire under the early retirement option. Community Development Director Russell also requested this action for Secretary'Shirley Montbriand, who is also expected to retire under the same circumstances. Council requested more time to study these requests before taking action. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to table the request for a wage increase for certain retiring employees, for further study, until the next City Council meeting. (All in favor). 2. Public Works Director - 1 r Stillwater City Council Minutes October 19, 1993 r-' Regular Meeting Request to ~urchase a jackhammer Motion by Councllmember Kimble, seconded by Councilmember Funke to approve the request to purchase a jackhammer for the Public Works Dept; at an approximate cost of $900. (All in favor.) 3. City Planner - No report. 4. Community Development Director - No report. o PUBLIC HEARINGS 1. ThlS lS the day and time for the continuation of the Assessment Hearing for Highlands of Stillwater, 4th Add., L.I. 293. Notice of the Hearing was published in the Stillwater Gazette on September 24, 1993 and copies were mailed to affected property owners. Mayor Hooley abstained from discussion of this item since he is on the Board of Directors of Courage St. Croix and Councilmember Funke chaired the discussion as Acting Mayor. - City Attorney Magnuson explained that he and Staff met to consider adjustment of the assessments for Mr. Fiterman's development and the Courage Center. The City proposed that the Courage Center trade the assessment for the right-of-way that has been appraised at $17,500, but the Courage Center requested to keep the two issues separate. Mr. Fiterman opposed being charged approximately 73~ for assessments for utility work in Orleans right-of-way. Peter Polga, Director of Courage St. Croix, stated they are a tax exempt non-profit facility and they do not feel that the improvements provide any direct benefit to their facility. He asked if there is any specific policy for non-profit organizations. Mr. Fiterman Objected to the assessments at 73.83~ because the improvements benefit others also. However, he did agree to pay 50~. Discussion by Council followed. Mr. Polga stated that Courage Center property was purchased with contributions for the needs of the Courage Center and asked Council to consider what the situation is. Walter Johnson, Board member of Courage Center also stated funds were raised earlier to pay for that property and the assessments on a non-profit organization would make them go out into the public to again raise funds. 2 r Stillwater City Council Minutes October 19, 1993 r-' Regular Meeting r r \ Leonard Feely asked what his assessment on Outlot B is for and Mr. Magnuson'clarified that the assessment is only for sewer, water and grading. Tom Sherman, Courage Center Board member, supported what others stated, i.e. raising money is difficult and Courage Center has made an effort not to come back to the people of Stillwater for funding. Councilmember Funke closed the public hearing. Further discussion followed which-included having an appraisal done-for the Courage Center right-of-way property. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt the appropriate resolution, certifying the assessments, as presented, for Highlands of Stit1water, 4th Addition, L.I. 293 including the recommendation to assess Highlands 4th Add. for SOl of the Orleans St. utility costs, and future MSA street costs to be spread equally to the Highlands 3rd, 4th, 5th and 6th Additions, consisting of 134 lots in the amount of $324.00 per lot; and directing Staff to examine market values and continue discussions with the Courage Center Board within the next 30 days. (Resolution No. 93-203) AYes - Councilmembers Bodlovick, Cummings, Funke and Kimble. Nays - None Abstain - Mayor Hooley. 2. This is the day and time for the Improvement Hearing for the Stillwater Market Place Project, L.I. 301. Notice of the Hearing was published in the Stillwater Gazette on Oct. 8 and 15, 1993 and copies were mailed to affected property owners. Mayor Hooley abstained from discussion of this item. Consulting Engineer Moore explained the plans for Target/Super Valu facilities, otherwise known as the Stillwater Marketplace, by presenting a summary of construction of sanitary and storm sewer utilities, water service, a proposed lift station and also that a portion of Stillwater Township west of County Road 5 could be served. He further stated that a portion of the improvements along Curve Crest Blvd. are eligible for MSA funding. The total cost of the project is approximately $3.7 million. Drainage will be assessed against the development, partially in the Industrial Park and includes the properties in Orleans Terrace which will be assessed at $302.10 per unit. Glenn Bell, 13258 No. 60th St., asked where he will fit into this scheme and Mr. Moore explained that Mr. Bell will get sewer service as part of the project. 3 Stillwater City Council Minutes October 19, 1993 ~ Regular Meeting Bill Pauley, who owns property on the southwest corner of Washington & Orleans Streets, asked about the drainage area. He had ma~ assessments against his property before and asked if he would be assessed again. Mr. Moore stated he is in a drainage area which would be funded by other means and will not be assessed. Rich Crohn, owner of Curve Crest Properties II, stated he has already paid for sewer and water and asked why he is being'assessed. Mr. Moore replied they would be part of the drainage district and under the cost recovery proposal, none of that would be assessed. Mike Rifley, who owns property on W. Tower Dr., asked about assessments on his property. Mr. Moore stated if Mr. Rifley has sewer and water services, he would not be assessed. A gentleman from the National Guard stated they have a future site for a training/community center located in the area and asked how assessments would affect them. Mr. Moore stated that area is outside the improvement area for sewer, water and streets, but inside the drainage district and does not include assessments for that area. ~ John Jewell, Orleans Terrace, stated some people moving into Orleans Terrace do not realize the lift station is temporary and do not know they will be receiving an assessment. He said the developer should be made to notify new residents of this fact. Clark Nyberg, Wildpines & County Road 5, asked if they would be served by City sewer. Mr. Moore stated they would not be served until something is developed on the west side of County Road 5. Councilmember Funke closed the public hearing. Motion by Councilmember Kimble, seconded by Councilmember Cummings to adopt the appropriate resolution ordering the improvement, plans & specifications and advertisement for bids for the Stillwater Market Place Project, L.I. 301. (Resolution No. 93-204) Ayes - Councilmembers Bodlovick, Cummings, Funke and Kimble. Nays - None Abstain - Mayor Hooley 4 r \ Stillwater City Council Minutes October 19, 1993 r-' Regular Meeting remove certain extra asbestos materials to ensure the City has no further 1 iability. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to approve Change Order No.2, Asbestos Abatement for the West Wing of the Junior High School. (Ayes - 3; Nays - 1, Councilmember Cummings; Abstain - 1, Mayor Hooley). Council recessed and reconvened at 8:35 P.M. (Councilmember Funke left the meeting at this time.) 2. Possible second reading of Ordinance amending Chap. 51.05, Subd. 5, Calendar park1n~ Motion by Councllme er Bodlovick, seconded by Councilmember Cummings for a second reading and enactment of an ordinance amending Chap. 51.05, Subd. 5, Calendar Parking. (Ordinance No. 779) r Ayes - Councilmembers Bodlovick, Cummings, Kimble and Mayor Hooley. Nays ~ None 3. Possible second reading of Ordinance regulatin~ loiterin[. Motion by Councflmember Klmble, seconded by Councl member Bodlovick second reading and enactment of an ordinance regulating loitering. No. 780) for a (Ordinance Ayes - Councilmembers Bodlovick, Cummings, Kimble and Mayor Hooley. Nays - None 4. Award Consultant Contract for Prison Reuse Study. Motion by Councllmember Cummlngs, seconded by Councllmember Bodlovick to contract with Thomas R. Zahn & Associates as the principal investigator for the Territorial Prison Reuse Study. (All in favor). 5. Perro Creek Study U~date. Councfl took note 0 this item. 6. Request for on-site septic system for single-family residence north of County Road 12 & west of Boutwell Rd. - Clark Nyberg, A~Pllcant. Mr. Russell explalned this lS a "stop-gap" measure untl a subdlvision plan comes in and a more fully developed site occurs. Mr. Nyberg, stated he needs to build a house and move in since he sold his previous property. He will complete the rest of the subdivision next year. 5 r Stillwater City Council Minutes October 19, 1993 r-' Regular Meeting Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to approve the request for an on-site septic system on a lot at the west corner of Boutwell and Co. Rd. 12, Case No. SS/93-1, Clark Nyberg, applicant. (Ayes- 3; Nays - 1, Councilmember Cummings). NEW BUSINESS 1. Approval of Benson Park Plan and authorization of plan preparation. Ms. Pung-Terwedo explained the park plan wh1ch was presented to the Park & Recreation Commission last month. The total cost of improvements is approximately $90,000 and will include walkways, landscaping, playground equipment, etc. They are recommending that half be funded this year. Discussion followed. r Motion by Councilmember Kimble, seconded by Councilmember Cummings to approve the Benson Park Plan, as presented, and preparation of specifications for grading (in the amount of $40,000) and to return to Council for approval of future improvements. (All in favor). 2. Approve contract specifications for preparation of plan for County Road #5 1 andscape fm~rovements., Motion by Counc1 member Kimble, seconded by Councilmember Bodlovick to approve the expenditure of $1,225 for preparation of the landscape plans for County Road #5 improvement project. (All in favor). CONSENT AGENDA Motlon by Councilmember Kimble, seconded by Councilmember Bodlovick to approve the Consent Agenda of October 19, 1993, excluding Items No. 5 & No.6, requests for gambling licenses at the Harbor Bar & Cat Ballou's by Climb Theater, for further study, and including the following: (All in favor). 1. Directin~ Payment of Bills (Resolution No. 93-195). ' Ayes '- Counc lmembers Bodlov1ck; Cummings, Funke and Mayor Hooley. Nays - None - 2. The following Contractor's Licenses, Bench Location Licenses & Taxi L1 censes: Contractor's Licenses Sign Erectlon Renewal Lawrence Sign, Inc. 945 Pierce Butler Rte. St. Paul, Mn. 55104 U.S. Bench Corp. 3300 Snell i ng Minneapolis, Mn. 55406 Bench Locations Benches Renewa 1 Taxi L1 censes 6 r Stillwater City Council Minutes October 19, 1993 r-' Regular Meeting Valley Chauffeurs 217 No. 2nd St., #5 Stillwater, Mn. 55082 '89 Ford, VIN# 6255 '85 Ford, VIN# 8106 3. Forward Summons & Complaint from Marjorie Meier for injuries sustained in fall to fnsurance company. 4. ~plication for Exemption from Lawful Gambling License, St. Michaels tnurch. 7. Request to hang banner on Main St., Nov.21-27, Family Service,St. Croix. STAFF REPORTS (Continued) -Oak Glen Purchase Agreement Clty Attorney Magnuson summarized a letter received from John S. McDonald, representing Johnson's Oak Glen Golf, Inc. which requests the City to accept the principal balance and forgive the interest portion of the loan to Oak Glen. It was suggested by Council that in return for the forgiveness of interest, that Oak Glen convey to the City Outlot F and Outlot Z of Oak Glen. r' Mr. McDonald stated they need the City's cooperation in order to proceed with the sale of Oak Glen. Richard Kilty, 118 W. Oak St., asked who the prospective buyer is and it was noted that it is Ken Wilson of White Bear Lake, who at the present time owns three other golf properties. Mr. Kilty stated the new owner will be using the City as the present owner has been doing and the City can't negotiate back taxes. Discussion followed. Jack Jewell, Orleans Terrace, questioned the Cfty's cooperation in this way and the additional $420,000 to David Johnson for consultant services. He stated the City should get their full interest. Mr. McDonald stated the penalty and interest paid on these taxes is more than could have been made on taxes alone. Motion by Councilmember Kimble, seconded by Councilmember Cummings directing the City Attorney to continue to represent the City in the negotiations for the sale of the Oak Glen Golf Course and to forgive the $62,226.34 interest on the City loan to Oak Glen in exchange for Outlots F & Z. (All in favor). COUNCIL REQUEST ITEMS Consultant for Em~lOyment of Cit~ Engineer Councllmember Bod ov1ck fn1t1ate d1scuSSlon of what consulting firm was chosen to select candidates for City Engineer interviews. Mayor Hooley 7 r Stillwater City Council Minutes October 19, 1993 r-' Regular Meeting noted that John Hadfield, Personnel Director for Cub Foods, was chosen to go through the applications with the assistance of an-Engineering Consultant (Mr. Hadfield's cost is approximately $700 with the Engineer's cost at $40:00/hr.) Motion by Councilmember Kimble, seconded by Councilmember Cummings to adopt the appropriate resolution employing John Hadfield and Julian Fennendahl as consultants to aid in screening Engineering applicants. (Resolution No. 93-205) Ayes - Councilmembers Bodlovick, Cummings, Kimble and Mayor Hooley. Nays ~ None ADJOURNMENT Motion by Councilmember Kimble, seconded by Councilmember Cummings to adjourn the meeting at 9:45 P.M. (All in favor). r (M_L~/ ATTEST: ~ ~. C L Resolutions: No. 93-195 - Directing Payment of Bills. No. 93-203 - Certifying assessment for L.I. 293, Highlands 4th Add. No. 93-204 - Ordering Improvement, plans & specs., ad for bids for L.I. 301, Stillwater Market Place Project. No. 93-205 - Employing Consultants for City Engineer applications. 8 r