HomeMy WebLinkAbout1993-11-02 CC MIN
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REGULAR MEETING
STILLWATER CITY COUNCIL
MINUTES
November 2, 1993
4:30 P.M.
The Meeting was called to order by Mayor Hooley.
Present:
Councilmembers Bodlovick, Cummings (arrived at 4:50 P.M.), Funke,
Kimble (arrived at 4:45 P.M.) and Mayor Hooley.
Absent:
None
Also Present:
City Coordinator Kriesel
City Attorney Magnuson
Consulting Engineer Moore
City Planner Pung-Terwedo
Finance Director Deblon
Police Chief Beberg
Fire Chief Seim
Public Works Director Junker
Building Inspector Zepper
City Clerk Johnson
Press:
Julie Kink, The Courier
Mike Marsnik, Stillwater Gazette
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Others:
Karen Wirkus, Marcia Kilbourne.
INDIVIDUALS & DELEGATIONS
1. Karen Wirkus. Climb Theatre - Continuation of request for Gamblin!! (Pull-Tab)
License for Cat Ballou's & Harbor Bar,
Karen Wirkus, representing Climb Theatre, was present to give more background on
the operation of Climb Theatre, stating that Stillwater area schools also benefit from their
programs regarding self-esteem. Council discussion followed.
Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the
appropriate resolution approving the Pull-Tab Gambling License for Climb St Paul to operate
at Cat Ballou's, 112 No. Main St (Resolution No. 93-207)
Ayes - Councilmembers Bodlovick, Funke and Mayor Hooley.
Nays - None
Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the
appropriate resolution approving the Pull-Tab Gambling License for Climb St Paul to operate
at Harbor Bar, 517 No. Owens St (Resolution No. 93-208)
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Stillwater City Council Minutes
Regular Meeting
November 2, 1993
Ayes - Councilmembers Bodlovick, Funke and Mayor Hooley.
Nays - None
STAFF REPORTS
I. Finance Director - No report.
2. Police Chief - No report.
3. Fire Chief -
ReQuest to ourchase eQuioment for all fire trucks,
Motion by Councilmember Funke, seconded by Councilmember Bodlovick to approve the
request of Fire Chief Seim to purchase equipment from Metro Fire for all fire trucks as
required by 1.S.O. for fire rating and insurance purposes. (All in favor).
(Councilmember Kimble arrived at 4:45 P.M.)
4. Public Works Director - No report.
5.
Buildinl! Official -
Al!reement to conduct insoection duties for oublic buildinl!s.
Mr. Zepper explained that the State is now requiring contracts with municipalities in
regard to conducting plan reviews and inspections of public buildings,
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Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the
appropriate resolution approving the contract with the State Building Codes Division relating
to inspection duties for public buildings. (Resolution No, 93-209)
Ayes - Councilmembers Bodlovick, Funke, Kimble and Mayor Hooley.
Nays - None
Discussion of prohibition of storm water in the sanitary sewer svstem & reQuirement of
interceotors,
City Attorney Magnuson explained the proposed resolution and notices to businesses
regarding the prohibition of storm water in the sanitary sewer system and the
requirement for "grease traps" for the proper handling of any liquid waste containing
grease or other harmful ingredients. Discussion also included a method of enforcement
for this plan,
(Councilmember Cummings arrived at 4:50 P.M,)
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Stillwater City Council Minutes
Regular Meeting
November 2, 1993
Motion by Councilmember Funke, seconded by Councilmember Kimble to have a first
reading of an ordinance amending Chap. 29.05 relating to enforcement of greasetraps. (All in
favor) ,
Motion by Councilmember Funke, seconded by Councilmember Kimble to adopt the
appropriate resolution directing the Public Works Director to send notice of the required
separate connection to all persons in non-compliance with Ordinance No. 755 and also to give
further notice to all businesses regarding the requirement for grease interceptors. (Resolution
No. 93-210)
Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley.
Nays - None
6. City Planner - No report.
7.
Consulting Engineer -
Neal Ave, Street ImDrovements
Mr. Moore explained the need for a box culvert over the watermain at the Neal Ave.
crossing of Brown's Creek and the Water Board's concern about the placement of this
particular culvert. The Water Board also contends it is not their responsibility for the
placement of this watermain and Council discussion followed.
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Motion by Councilmember Kimble, seconded by Councilmember Funke directing the City
Engineer to refer the request for a box culvert at the Neal Ave. crossing of Brown's Creek to
the Water Dept. (All in favor),
Discussion of North Third St. concerns
City Attorney Magnuson and Consulting Engineer Moore initiated continuation of the
discussion of concerns regarding the houses built in the right-of-way of No. Third St.
Mr, Moore stated that part of the concern of the residents is for the debris that has
been placed on the edge of the ravine, which the City has removed from time to time,
and also debris that has been buried. Mr. Moore estimated that engineering costs
would be $3,000 to $5,000 and borings would run $5,000 to $8,000.
Mr. Magnuson stated that the county is familiar with the problem and the attorney for
the residents has stated that because the City has allowed dumping that the property
values may be lowered because of contamination beneath the surface. He suggested
that the City try to work with Washington County to investigate, in a remedial way, all
these dumps and get approval from the Pollution Control Agency. He added that
Washington County would prefer the City leave it undisturbed in order to stop erosion
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Stillwater City Council Minutes
Regular Meeting
November 2, 1993
of the ravine. Washington County and the City should approach the PCA to arrive at a
favorable approach. It was noted that no contamination of wells has been found.
Motion by Councilmember Bodlovick, seconded by Councilmember Kimble authorizing the
City Engineer to work with Washington County and request that they make contact with the
Pollution Control Agency to determine what pollutants may be present in the ravine area
adjacent to No. Third St (All in favor).
Discussion of McKusick Lake Road Proiect
Councilmember Cummings initiated discussion of the above project and whether
construction will be completed to an appropriate point before winter weather sets in,
Mr. Moore stated he will approach the County to reaffirm the City's concerns
regarding this project
Other questions were raised regarding Myrtle St and the lights on Curve Crest It was
noted that poles will not be received until January.
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Levee Wall Proiect
Mr. Moore explained that the Corps of Engineers can do the project themselves, but
the City may be able to work in conjunction with the Corps, He recommended the
City send a letter to the Corps requesting that they do the work, He would be willing
to draft such a letter for the Mayor's signature. Council discussion followed and they
suggested tabling action on this item until next week.
Motion by Councilmember Kimble, seconded by Councilmember Funke to table a decision on
authorizing SEH to forward a letter to the Corps of Engineers, requesting that the City do the
work on the Levee Wall, until the next meeting, (Ayes - 4; Nays - I, Councilmember
Bodlovick.)
Reauest bv Marcia Kilbourne for waiver of assessment on tax forfeit orooertv
Ms. Kilbourne is interested in purchasing tax forfeit property on Deerpath, which has a
deep hole in it, and building a house, She is willing to do whatever the City suggests
to make it buildable and also requesting the City to waive the assessments on the
property in order to purchase it for its value, Staff and Council raised concerns
regarding drainage, and the dangerous curve in that area.
Motion by Councilmember Funke, seconded by Councilmember Bodlovick to table the request
of Marcia Kilbourne for waiver of assessments on tax forfeit property on Deerpath until the
November 16 meeting after the Consulting Engineer has reviewed the property for drainage
problems. (All in favor).
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Stillwater City Council Minutes
Regular Meeting
November 2, 1993
City Coordinator Kriesel stated the staff would also like to confer with Washington
County regarding the value of the property.
ResiP113tion of Shirlev Montbriand. SecretarY and LaVonne Simon. Sr. Account Clerk
City Coordinator Kriesel stated both these letters of resignation have been received and
he recommended advertising for these positions. Council discussion followed
regarding hiring practices and using a screening firm.
Motion by Councilmember Kimble, seconded by Councilmember Cummings to accept the
resignations of Secretary Shirley Montbriand and Account Clerk LaVonne Simon, with regret;
to authorize an advertisement to fill the positions and use a professional screening firm to
review the applications. (Ayes - 4; Nays - 1, Councilmember Bodlovick)
Interview schedule for Enlzineerinl! aoolicants
Motion by Council member Kimble, seconded by Councilmember Bodlovick to approve the
date of November 16 at 4:30 P.M. for interviews for the Engineering position. (All in favor).
Discussion of Firefil!hter's oosition
r Motion by Councilmember Kimble, seconded by Councilmember Funke to proceed with the
hiring process for the Firefighter position by posting the position and interviewing each
candidate who took the test. (All in favor).
Part-time emolovrnent of Ms. Montbriand and Ms. Simon
Motion by Councilmember Funke, seconded by Councilmember Kimble to authorize the
employment of Shirley Montbriand and LaVonne Simon on a part-time basis, not to exceed
14 hours per week (All in favor),
Recess
Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to recess the
meeting at 6:20 P.M. (All in favor.)
ATTEST;
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CITY CLE
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Stillwater City Council Minutes
Regular Meeting
November 2, 1993
Resolutions:
No. 93-207 - Gambling License for Cat Ballou's - Climb Theatre.
No. 93-208 - Gambling License for Harbor Bar - Climb Theatre.
No, 93-209 - Contract with State on Building inspections.
No. 93-210 - Notice regarding greasetraps,
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RECESSED MEETING
STILLWATER CITY COUNCIL
MINUTES
November 2, 1993
7:00 P,M.
The Meeting was called to order by Mayor Hooley.
Present:
Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor
Hooley.
Absent:
None
Also Present:
City Coordinator Kriesel
City Attorney Magnuson
Consulting Engineer Moore
Comm. Dev. Director Russell
City Clerk Johnson
Press:
Julie Kink, The Courier
Mike Marsnik, Stillwater Gazette
Mark Herwig, St. Croix Valley Press
Others:
Jule Theiler, Art Palmer.
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APPROVAL OF MINUTES
Motion by Councilmember Funke, seconded by Councilmember Cummings to approve the
minutes of the Special Meeting of October 12, 1993 and Regular Meeting of October 19,
1993 as presented. (All in favor).
UNFINISHED BUSINESS
1. Discussion of St. Croix Animal Shelter Imoounding Agreement.
Mr. Kriesel explained that the Shelter will start their building program in 1994 and is
asking the City for a surcharge of $55/animal or either a direct contribution. Various
groups and individuals were contacted in regard to sheltering animals for the City, but there
appears to be no interest. Council and Staff discussed the ad hoc committee formed to
study the issue, but they have disbanded. Mayor Hooley stated there is a veterinarian who
may be interested and Council discussed tabling any action until a later meeting,
Motion by Councilmember Funke, seconded by Councilmember Cummings to table action on
the St. Croix Animal Shelter Impounding Agreement until the Nov. 3D, 1993 meeting. (All in
favor).
INDIVIDUALS. DELEGATIONS & COMMENDATIONS
I. Presentation bv Camo Courage Wagon Train reoresentatives.
Joan Berg and Jeff Lind, representing the Courage Center and the Wagon Train, were
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Stillwater City Council Minutes
Recessed Meeting
November 2, 1993
present with a video to explain the purpose and function of the Wagon Train which will be
passing through the City of Stillwater on Monday, June 13, 1994, They requested the use
of the City streets for this purpose, will contact the Police and Fire Departments and will
take precautions as needed.
Motion by Councilmember Funke, seconded by Councilmember Kimble to give permission
for the Camp Courage Wagon Train to pass through the City of Stillwater on Monday, June
13, 1994. (All in favor).
2. Jule Theiler. Sewer Backup at 1315 So. Everett St
Mr. Theiler stated he had a sewer backup at his residence at the above address on October
25 and is not satisfied with the explanation he received from the City's insurance carrier.
He wanted to be assured that all claims for damages would be paid. City Staff explained
the process for claims, stated they must abide by the decision of the insurance company
and the claims would be paid if that was part of the decision,
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UNFINISHED BUSINESS (continued)
2. Review & approval of plans & specifications for construction of West Jr. H.S. parking lot
& authorization for Staff to advertise for bids,
Mayor Hooley abstained from discussion and action on this item and Acting Mayor Funke
chaired the discussion. Mr. Moore briefly explained the plans for the project He stated
the Heritage Preservation Commission has reviewed the plan and approved it
Motion by Councilmember Cummings, seconded by Councilmember Bodlovick to adopt the
appropriate resolution approving the plans & specs for construction of the West Jr. H-S.
parking lot and authorizing Staff to advertise for bids. (Resolution No, 93-217)
Ayes - Councilmembers Bodlovick, Cummings, Funke and Kimble.
Nays - 0
Abstain - Mayor Hooley
3. Reauest for approval of proposal for consultant services for preparation of public facilities
& fiscal impact elements of Comprehensive Plan.
Mr. Russell explained the request for consultant services for the Comprehensive Plan
Update, stating this plan will provide for the level of service that the City wants for future
residents with tax implications for future development The cost of the consultant is
within the $25,000 that was allocated for the plan, Discussion by Council and Staff
followed.
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Stillwater City Council Minutes
Recessed Meeting
November 2', 1993
Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt the
appropriate resolution approving the contract with Camiros for public facilities and fiscal
impact elements of the Comprehensive Plan. (Resolution No. 93-211)
Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley,
Nays - None
4. Reauest for approval to hire a part-time Plannin!! intern to assist with Comprehensive Plan
update.
Mr, Russell stated that Melissa Gronseth, a college student, has been serving an internship
in the Planning Dept. and he requested to hire her from Nov. 18 until the end of the year
to assist with the Comprehensive Plan update at a wage of $7.00/hr. Council discussion
followed on whether the City should advertise for this position.
Motion by Councilmember Funke, seconded by Councilmember Kimble to deny the request
for the temporary employment of Melissa Gronseth as Planning Ass't. (Ayes - 2; Nays - 3,
Councilmembers Bodlovick, Cummings, and Mayor Hooley. Motion failed)
Motion by Councilmember Bodlovick, seconded by Councilmember Cummings to adopt the
r appropriate resolution employing Melissa Gronseth as Planning Ass't. for a period of
approximately one month. (Resolution No, 93-212)
Ayes - Councilmembers Bodlovick, Cummings and Mayor Hooley,
Nays - Councilmembers Funke and Kimble.
5. Approval of Consultant Contracts for Prison Reuse Studv.
Motion by Councilmember Cummings, seconded by Councilmember Kimble to approve the
contract with Chuck Liddy, Architect, and John Manello, Economic Consultant for the Prison
Reuse Study. (All in favor).
NEW BUSINESS
1. Resolutions: No parkin!! on Burlinl!ton St. & Fourth Ave. So. durin!! Southeast Area
Construction. L.I. 285.
Mr. Moore explained that a "No Parking" designation needs to be established on the above
two streets because they will be on the MSA system.
Motion by Councilmember Kimble, seconded by Councilmember Funke to adopt the
appropriate resolution establishing "No Parking" along Burlington St. as part of L.I. 285.
(Resolution No. 93-213)
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Stillwater City Council Minutes
Recessed Meeting
November 2, 1993
Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley.
Nays - None
Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to adopt the
appropriate resolution establishing "No Parking" along Fourth Ave. So. as part of L. L 285.
(Resolution No. 93-214)
Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley.
Nays - None
2. Reauest Feasibility Studv for Brick Pond Drainage Svstem.
Mr. Moore presented the initial report on the Brick Pond drainage problems which does
require a DNR permit to do any work on the pond. This is a wildlife area and also a
portion of a watershed that is contiguous with Brick Pond. He recommended that the City
have a feasibility report done to redo the ditch with the possibility of assessing.
Councilmember Cummings suggested reviewing Lily Lake and McKusick Lake at the same
time and Mr. Moore stated he would check with the DNR and State agencies in regard to
these two lakes.
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Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the
appropriate resolution directing the Consulting Engineers to do a Feasibility Study for the
Brick Pond Drainage system. (Resolution No, 93-215)
Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley.
Nays - None
Motion by Councilmember Cummings, seconded by Councilmember Funke to direct the
Consulting Engineers to review the entire drainage system for detention areas in the City.
(All in favor).
3. Aoolication for Payment No.2. from H.E.W" Inc" for asbestos abatement at West Wing
of Junior H.S.
Mayor Hooley abstained from discussion and action on this item.
Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to approve
Payment No.2 in the amount of $35,372.99 to H.E.W" Inc, for asbestos abatement at the
West Wing of the Old Jr. H.S. (Ayes - 4; Nays - 0; Abstain - I, Mayor Hooley.)
4. Change Orders No.3. 4 & 5 from H.E.Woo Inc" for asbestos abatement at West Wing of
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Stillwater City Council Minutes
Recessed Meeting
November 2 , 1993
Junior H.S.
Mayor Hooley abstained from discussion and action on this item. Mr. Moore explained
that Change Order No.3 is for removal of asbestos within the walls that was discovered
after the project was started.
Motion by Councilmember Cummings, seconded by Councilmember Kimble to approve
Change Orders No.3, 4 & 5 for H.E.W., Inc. for asbestos removal in the West Wing of the
Old Jr. H.S. (Ayes - 4; Nays - 0; Abstain - I, Mayor Hooley).
CONSENT AGENDA
Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to add the claim
from Jule Theiler for a sewer backup to the Consent Agenda of 11-2-93. (All in favor).
Motion by Councilmember Funke, seconded by Councilmember Cummings to approve the
withdrawal of $10,516.30 to Springsted, Inc. from the List of Bills for 11-2-93. (All in
favor).
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Motion by Councilmember Funke, seconded by Council member Cummings to approve the
Consent Agenda of November 2, 1993 including the above addition and deletion:
I. Directinl! Pavment of Bills (Resolution No. 93-206).
Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley.
Nays - None
2. The followinl! Contractor's Licenses:
Eagle Contracting Excavators
1139 County Road H2
White Bear Lake, Mn. 55127
New
Stocker Excavating, Inc. Excavators
8247 W, 125th St.
Savage, Mn. 55378
New
3, Submit claim from residents for sewer back-up at 817 Everett Dr. to Insurance Al!ent.
4. Submit claim from Betty Vesall for auto damage to Insurance Agent.
5, Reauest bv Trinity Church for banner on Main St.
6. Reauest for gambling license bv American Legion Post #48 at 103 So. 3rd St.
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Stillwater City Council Minutes
Recessed Meeting
November 2 , 1993
7. Submit claim from Jule Theiler for sewer back-uo to Insurance Agent.
COUNCIL REOUEST ITEMS
Radio interference on teleohone lines
Motion by Counciimember Funke, seconded by Councilmember Bodlovick to notify the radio
s1ation by letter that certain residents are experiencing interference from the station in their
telephones. (All in favor).
Letters of resignation Secretary Shirlev Montbriand & Account Clerk La V onne Simon.
Mayor Hooley read letters from Shirley Montbriand and LaVonne Simon who are
resigning from their positions after many years of service to the City.
ADJOURNMENT
Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adjourn the
meeting to Executive Session at 8:45 P.M. (All in favor.)
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CITY L RK
Resolutions:
No. 93-206 - Directing Payment of Bills
No, 93-211 - Contract for consultant Services for Comp, Plan Update.
No. 93-212 - Employ Melissa Gronseth for work on Compo Plan.
No. 93-213 - No Parking designation on Burlington St
No. 93-214 - No Parking designa1ion on Fourth Ave, So.
No. 93-215 - Order Feasibility Study for Brick Pond Drainage Study.
No. 93-217 - Approving plans & specs for W. Jr. H.S. Parking Lot & Ad for Bids,
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RECORD OJ' FJG:CIJTIVE SESSION
Ci'lt.ccoIlvened:
Tuesday, Nov~mbe:-~ 2, 1993
Timeconven"d:
9:15 p.m.
'l'imeadjourn"a:
9;40 p m.
M~mb"r5 present: M"-yor Hooley, Councilmemben; BDd1ovick, Cummings, Funke and
Kimble
Members ahsen~:
None
Alsopresenl.:
City Coordinator Kries"l alLd City Attorm'y M"gnuson
Purp""" of Executive:- Session:
A,'SC)~E Coanc 11 14, lUOE Local -1"
ConLr"ct negotii'ltioll proposals submiUedby
""aStillwate:-rFireAssociation.
Action'l'aken: Motion by Councilmembcr Cummings, sgconded by Counc; lmember Funke
to offer a 1."0 year cont.ract with wagB" at 2% in 19'14 "nd l-lj4\ in 1'195,
hospiti'lljmedical in~urance coverage i'lt $320 for 1994 and 1395 to AFSCME Council
11, I!JOE Local 49. ~t i llwater Fire A""ociation and 1:0 Police Local -'70. All in
Favo:r.
Att."~,-:
1lf""JJ .;:/:;~e:~
Cily Coordini'ltor