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HomeMy WebLinkAbout1993-11-02 CC MIN r 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 ('- 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) r 1 r 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, r- 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,) r 2 r 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. r 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 r , 3 r 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. r 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). r 4 r 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; ~~JF~ CITY CLE r 5 r r r 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, 6 r , 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. r 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 r 1 r 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, r 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. r 2 r- 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) r 3 r 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. r 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 r 4 r' 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). r 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. r 5 r 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.) r QLnIL ~ ~YOR ATTEST:~ ~j~ 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, r 6 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