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HomeMy WebLinkAbout1983-01-18 CC MIN192 COUNCIL CHAMBERS Stillwater, Minnesota January 18, 1983 REGULAR MEETING 4:00 P. M. The meeting was called to order by Mayor Peterson. Present: Councilwoman Avise and Bodlovick, Councilmen Kimble and MacDonald and Mayor Peterson Absent: None Also Present: Finance Director/Coordinator, Kriesel City Clerk,Schnall City Attorney, Magnuson Public Safety Director, Abrahamson Superintendent of Public Works, Shelton Director of Parks & Recreation, Blekum Building Official, Zepper Fire Chief, Chial Consulting Engineer, More Press: Stillwater Gazette, Regan Citizens: Bonnie Matton INDIVIDUALS & DELEGATIONS MRS. BONI A. MATTON, 304 Northland Avenue, appeared before the Council regarding the condition of Northland Pond in the Croixwood area - the south and east end is filled in with silt and it is covered over with vegetation and she made reference and supplied the Council with a copy of the permit which indicated that the City is responsible for the maintenance of this pond. MAYOR PETERSON stated that the City should set aside funds in the budget to take care of this problem and MR. MOORE agreed to meet with these people along with Mr. Shelton to see just what the problem is and what can be done about it. PUBLIC SAFETY COMMITTEE REPORTS 1. MR. ABRAHAMSON requested that the City advertise for bids for the new squad the City elected to take care of this matter at the 7:30 P. M. meeting. 2. MR. ABRAHAMSON reported on the speed limits on County Road 5 and the accidents that have been occurring in that area and he presented the Council with some graphs in- dicating the amount of time that is required to stop at forty miles per hour and also at 55 miles per hour. cars and PUBLIC WORKS 1. MR. SHELTON presented to the Council a billing from a resident in the Deerpath area for the dewatering and pump rental charge for costs incurred in the process of connecting to the City Sewer System in the amount of $235.00. On motion of Councilwoman Avise, seconded by Councilman Kimble, the City Clerk was directed to forward this claim to the McGarry -Kearney Insurance Agency. (all in favor) 2. MR. SHELTON AND MR. MOORE explained the problems that they experienced with the Myrtle Street lift station - the blockage in the sewer main itself and not in the lift station - one particular house has been flooded twice by this blockage in the line. Due to this blockage now the one pump is clogged with debris and since this pump is still under warranty the manufacturer will be out tomorrow to look at this pump. Also they will obtain an operating manual for the lift station and the City should follow the procedures in this manual for the maintenance of this lift station. PARKS & RECREATION No report BUILDING OFFICIAL No report January 18, 1983 FIRE CHIEF Mr. and he AL was stated wasdirectedat he to haves the Mutual same checkedAid outAby thetion CityAgreement Attornfor Scandia Attorney. CITYU CLERK No report CITY COORDINATOR'S REPORT 1 on JanuaryL26thuanddifs to who someone isuld ablelan to to attendend theyhe shouldslative advise himConference as soon as possible. to a minar d the Minnesota 2 Association oflSmall led he 1Cities onmaking s nuse nof the S"K00P FORMULA" efor yFire contracts. CONSULTING ENGINEER'S REPORT 1. MR. MOORE reported to the Council on the warning systems for the lift stations - currently we have two systems (Trans Alarm and Consolidated) which supply an alert of high water and power outage or failure and both systems are functioning adequately now. He has secured quotations for an additional unit for the new lift station was Alarms and monthly charged from the2.00) plus telephone cnstallation costs company. The cost of this system would be assessed to Local Improvement No. 189 and Local Improvement No. 184. (No action was taken at this time) 2. MR. MOORE informed the Council that the Federal Government has extended the FAU program for anothe- four years and the City of Stillwater can receive an additional $56,000 per year over the next four years. The plans are to use the current balance on Orleans Street and as a future project the Council could consider McKusick Road on which they could use both State and Federal Aid. He asked that the Council establish priorities for these improvements over the next four years. There will be close to $100,000 balance after Orleans Street is done plus another $56,000 for the next four years. 3. MR. MOORE mentioned the Water Management Program to the Council at this time and he will discuss it further with Mr. Kriesel and Mr. Magnuson on the establishment of the Watershed Districts in the Metro Area. The hCCity uofiStilllater is teraiizinttwoe o districts - Middle St. Croix and Brown's Creek districts and the overall plan has to be developed by December 31, 1985. CITY ATTORNEY'S REPORT 1. MR. MAGNUSON reported to the Council on the two bids received at the last meet- ing for the Official Advertising for the City for 1983. The Stillwater Gazette bid was a conforming bid and was opened by the City Clerk at the meeting. The Press Publication bid was submitted to the Mayor unsealed and did not conform to the specifications. He stated that the Council has two choices (1) award the bid to the Gazette and reject the Press Publication bid; or (2) reject both bids and readvertise. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the Council awarded the contract for the Official Advertising for 1983 to the Stillwater Gazette and rejected the bid from Press Publications. (all in favor) 2. MR. MAGNUSON explained the "Findings of Fact", "Conclusions of Law" and "Order in the Assessment Appeal case of Jay Kimble on Local Improvement No. 152. Judge Tomljanovich ruled that the Street improvement did not benefit his property but the storm sewer did - the determination that she made is that the improvement did not benefit or increase the market value that was assessed to it. The most effective way is to reduce the assessment by that figure or the Council could have another assessment hearing on the same property. If Mr. Kimble will waive the hearing, then the Council could reduce the assessment by the $2,263.54 which would come out of the fund for this project or it could come out of the General Fund. On motion of Councilwoman Avise, seconded by Councilwoman Bodlovick, the Council reduced the assessment for Jay Kimble for Local Improvement No. 152 by $2,263.54 as ordered by Judge Tomljanovich. Vote on the motion - Ayes--Concilwomen Avise and Bodlovick Councilman MacDonald Nays --None Abstained - Councilman Kimble Mayor Peterson did not indicate a vote on this motion (motion carried). (This was done with the understanding that Mr. Kimble waive the hearing). January 18, 1983 BUILDING OFFICIAL MR. ZEPPER reported to the Council on Case No. 466 which will come before the Council this evening on the additional unit for the church building at Fourth and Pine. He was concerned about the water problems in this lower level and MR. SHELTON indicated that there should be no "on -street" parking on that corner and felt that the Council should decline same. COUNCIL REQUEST ITEMS COUNCILWOMAN AVISE explained the intent of the By -Laws and the Planning Committee that has been formed between the Township and the City - they will be a discussion group without any power. On motion of Councilwoman Bodlovick, seconded by Councilman Kimble, the Council approved the draft of the By -Laws of the Stillwater and StillwaterTownship Joint Planning Committee and their work program. (all in favor) This portion of the meeting recessed at 5:30 P. M. until 7:30 P. M. Attest: J City erk isiLgtas...) M t or 39oy COUNCIL CHAMBERS Stillwater. Minnesota January 18, 1983 7:30 P. M. RECESSED MEETING The meeting was reconvened by Mayor Peterson. The Invocation was given by the City Clerk. Present: Councilwoman Avise and Bodlovick, Councilmen Kimble and McDonald and Mayor Peterson Absent: Also Present: None Finance Director/Coordinator, Kriesel City Clerk, Schnell City Attorney, Magnuson Planning Commission Chairman, Farrell Building Official, Zepper Consul`tng Engineer, Moore Press: Free Press - Jay Englehart Citizens: James Gannon, Kelly McKearn, Eldora Costello, Betty Meyer, Maxine Benson, Leonard Feely, Mr. & Mrs. Tom Schwintek, Gus Gerstad, Charles Meuenfeldt, Paul Emerson, Bruce Folz, Robert Briggs, Mc. & Mrs. Myron Pike, Norman Pyle, Brian Davis, Donald Junker, Tom Anderson, Kathy Gillospy, Yvonne Theissen, Mrs. Pat Medberry, Dennis Balyeat INDIVIDUALS & DELEGATIONS KELLY MC KEAN, 905 W. Hickory Street and other employees of the First National Bank appeared before the Council requesting that there be more ten hour parking meters installed in the Auditorium Parking Lot - they should either be four or ten hour meters. She presented a petition to the Mayor and Council regarding this matter. Following some discussion the Counci_ accepted the petition and will have the matter reviewed by the Police Department. PUBLIC HEARINGS 1. This was the day and time for the public hearing for COMMUNITY DEVELOPMENT BLOCK GRANTS FOR SMALL CITIES. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City. The Mayor opened the hearing. DENNIS BALYEAT, Community Block Grant Specialist for Washington County, explained the application that they are preparing for the City of Stillwater Small Cities Loan Program which will provide housing rehabilitation funds for both loans and grants for the purpose of revitalizing existing housing - Block 5, 6 and 9 were researched in the Original Town for this program and the application will impact these three blocks and if additional funds are made available, then other areas can be considered. Ths State of Minnesota has set up a maximum of $640,000 to be applied for the simple purpose grant - they are requesting $432,000 for rehabilit- ation funds to be offset with a commitment from the oak Park Heights Bank for $640,000 - this would be limiting it to forty straight grants to people that are on fixed incomes and 80 six percent leans for a maximum of seven years with a maximum loan of $10,000 for home rehabilitation. He further explained the details of the program and in addition the Washington County Program will commit $62,800 for weatherization and MFHA programs for the people that do not meet the criteria for the program or who need additional funds to complete their projects. No one in the audience made any comments or had any questions regarding this program. The Mayor closed the hearing. 0n motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, a resolution was introduced " RESOLUTION OF SPONSORSHIP" authorizing the Mayor to sign the application for the Old Towr Revitilization Program Funding". Ayes --Councilwomen Avise and Bodlovick, Councilmen Kimble and MacDonald and Mayor Peterson Nays --None (see resolutions) • • • (-396 January 18, 1983 • • 1 4. This was the day and time for the public hearing for Case No. 466 for Charles Neuenfeldt for one additional residential unit in the church basement building at Fourth and Pine Streets. Notice of the hearing was published on January 7, 1983 in the Stillwater Evening Gazette, the official newspaper of the City and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. MAYOR PETERSON reviewed the previous action taken by the Council for this request. 14R. NEUENFELDT explained the location of the covered stall for the fourth unit - the unit will be 990 square feet - one bedroom and he did not feel that it would constitute move than one parking unit - he will blacktop the whole front area for the stalls and parking areas. The Planning Commission has not seen this revised plan - he asked them for on -street parking as he was trying to save the expense of creating that additional stall. He explained the location of the eight uncovered parking areas for these units. MR. ZEPPER indicated that he will need a variance if the fourth unit is granted. MRS. PAT MEDBERY, 215 West Pine Street, stated that the neighbors were opposed to the three units and she is really concerned about the traffic in the area with the Jenior High School and the other multiple units in the area and the functions at the Old Courthouse. Mr. Safe to the south is considering enlarging his garage to the north for his traB.er and the problems that he currently has in getting cut of his driveway. Questions were raised about the open space for this building and the area and MR. ZEPPER stated that the Council granted variance to the requirement that no more than a certain percentage be covered with buildings. MR. MAGNUSON stated that normally when the Council is dealing with a Special Use Permit type situation where a use is permitted by the Zoning Ordinance the burden is on the City to show that by disallowing the proposed use there would be a violation of the health, safety and welfare - if the City plans to deny the Special Use Permit that is permitted by the Zoning Ordinance it has a heavy burden to bring forward in the hearing sufficient facts that will allow the City to turn it down - when you have a variance, it is exactly the opposite and the standards are different and with the variance situation such as this, where you are going to modify the variance the test is different and the burden is on the applicant to show that he is not going to violate any health, safety and welfare of the City. The Mayor closed the hearing. On motion of Councilman MacDonald, seconded by Councilman Kimble, the Council directed that Case No. 466 be referred back to the Planning Commission for their consideration on a change that they have not seen. (all in favor) 3. This was the day and time for the public hearing for Case No. 469 for for the rezoning of property on the west side of County Road No. 5 and property on the east side of County Road No. 5 for residential units. Notice of the hearing was published in the Stillwater Gazette, the newspaper of the City on January 7, 1983 and copies were mailed to all owners within 300 feet. Paul Emerson a PUD for official property The Mayor opened the hearing. Mr. Bob Briggs, attorney for Paul Emerson, explained the three parcels of property involved - Parcel A. Located south of the pond and north of the church; Parcel B which is the property south of the Brooks Store down to the pond and PARCEL C is the area lying west of County Road No. 5 ana north of Orleans Street. The request is to rezone Parcel A to (CA) Business with a further restriction that the business us^ be limited to either a detached banking facility or office of a professional building; the proposal for Parcel B and C is concept approval for a PUD plan; Parcel B the green area would be dedicated for park purposes - Parcel C is proposed for concept approval for medium density multi -family with a limitation that it not exceed 283 residential units. If the applications is approved, a Development Agree- ment would be prepared between the City and the Emersons which would set forth the restrictions and conditions on the approval, namely that in the event that this area is developed pursuant to the contract there would be a limitation on the number of units there would be the dedication for park purposes - this is a "package proposal" - three parcels to be considered in its entirety. This property would then be market- able. BRUCE FOLZ explained the details of the plats with the acreage and location of the residential units - there was an architectural plan for same with four different proposed styles which would give eight units per acre - they would be served by City water and the sewer would be on the southeast corner of the property. • • • January 18, 1983 397\ MRS. ELDORA COSTELLO, 1007 Pine Tree Trail, checked with the Metropolitan Council on the sewer situation and found out that there were 64 additional sewer hookups which would be good until 1990 and this would be 219 in addition to what they have alloted. She said that they told her that the sewer problem in the downtown area would have to be taker care of or the Oak Park Heights hookups would have to be relinquished or they could take the Industrial Park hookups. DICK MORE explained that they did set aside 507 development by 1990 for this parti- cular area; however, there are also 400 units which are in reserve for in -filling within the City and the areas that might develop around Oak Glen. This is just a concept and so whenever anything did come before the Council it would have to be reviewed and keep in mind that the sewer capacity is set until 1990 at which time the Metropolitan Sewer District would look at the plan and revise it. This plan can be amended. DONALD JUNKER, 1717 West Pine Street, inquired about the run-off and MR. MOORE rezporded that this would go to Long Lake. NORMAN PYLE. 2430 Oakridge Court, asked how the park on the west side would benefit the people on the east side and it was explained that this was no different that any other park in the City. BRIAN DAVIS, 2367 Hidden Valley Lane, was concerned with rezoning of Parcel A for Commercial and they would like to see it developed as a park and he presented to the Council a petition which was signed by more than 50 of the homeowners that are directly adjacent to this parcel. GUS GERSTAD, 1117 Parkwood Lane, inquired if there had been any traffic studies done on this area and MR. FOLZ stated that the City is currently working on the design plans for the upgrading of Orleans Street - the County will at the time the traffic warrants it will install traffic lights - there will be one access on County Road No. 5 and one access on Orleans. KATHY GILLOSPY, 2442 Oakridge Court, made comments on the sewer service to this one area and felt that there should be some saved for othee areas of the City. She inquired about market studies and MR. FOLZ reported on this at this time - they are not planning on rental units. TOM ANDERSON, 2377 Hidden Valley Lane, stated that he is in favor of the park area - he did not know why it had to be rezoned before it was sold. MR. FOLZ stated that this land has been in the City's Comprehensive Plan for a long time for multi -family - the sewer and water for this area are not for single family residential - there is more control under the PUD, and the reason that it was rejected a year ago was that the Council wanted to have the control. MR. MAGNUSON stated that the City definitely does have morecontrol with a PUD then you do with the rezoning - the rezoning is only as specific as to the number of units per acre as to the PUD that does give the City control over street size and widths, the layout, all the landscaping exteriors on the buildings. BETH SCHWINTEK, 2327 Hidden Valley Lane, questioned the inconsistency of the Brooks project and MR. MAGNUSON stated that we learned the hard way on that and this was the ordinance that zoned this piece of property that way for (CA) Commercial .ith restric- tions and that is not permissable under the statutes because of the requirements in a certain district must be uniform and to have one special parcel that was zoned in a special way was not legal so the City was forced to recognize that a change had to be made - MR. GERSTAD felt that Parcel A should also be used for parks and MR. FOLZ stated that they are already donating more than what the ordinance requires. BETTY MEYER, 1903 West Pine Street, was concerned about the density and they may not have the open space and they may have all garages to look at and it could wind up looking more crowded then Charter Oaks -once this is built whose expense will it be to have County Road No. 5 upgraded. BRIAN DAVIS was concerned what the alternatives might be for this area - the higher density of m'Lti-family might be better than some other alternatives such as Light Industrial, or Commercial. MYRON PIKE, 811 Pine Tree Trail was also concerned with the density - this is too many units for this parcel of land and also the traffic and the visual impact. MR. FOLZ stated that if we take the entire parcel of land - 40 acres of land the density comes down to about six per acre - if they give away the ten acres for park land and put it on 34 it would be about one-half per acre - this is a very low land use - the ordinance allows 15 per acre, and Charter Oaks did not donate park land to the City, but rather donated money. JERIS PIKE, 811 Pine Tree Trail, stated that Charter Oaks has private open space. • • • 398 January 18, 1983 YVONNE THEISSEN, 1003 Pine Tree Trail, made reference to the proposed mobile home park about seven years ago and the fact that this area was zoned Single Family at that time and MR. ZEPPER cited the new law regarding mobile homes in a Single Family District. COUNCILWOMAN AVISE asked for a clarification of the sewer capacity and MR. MOORE and Mr. Magnuson responded on this issue. Mr. Briggs bri£ly explained the restrictions and the other itmes that will be addressed in the Development Agreement. The Mayor closed the hearing at 9:20 P. M. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the Council accepted the Planning Commissions' recommendation as a total package with the PUD Concept, accept the parcel for park purposes and rezone Parcel A to (CA) Limited Business and that the City and the Developer enter into a Development Agreement to encompass these restrictions. (all in favor) THE MAYOR DECLARED A RECESS AT 9:25 P. M. to 9:30 P.M. UNFINISHED BUSINESS 1. On motion of Councilwonan Bodlovick, seconded by Councilman MacDonald, the following ORDER OF BUSINESS was adopted: (all in favor) 1st Meeting of the Month Call to Order Invocation Roll Call Approval of Prepared Minutes of Previous Meeting (s) Public Hearings as previously scheduled & Notices Petitions of Individuals or Delegations Unfinished Business New Business Individuals or Delegations (cont'd) Council Requests or Reports Staff Reports: Public Safety Public Works Building Official Parks & Recreation Fire Chief Administator/City Clerk Consulting Engineer's Report City Attorney's Report Applications Communications Questions/Comments from News Media Adjournment 2nd Meeting of the Month 4:00--Petitions of Individuals or Delegations Staff Reports Public Safety Public Works Building Official Parks & Recreation Fire Chief Administrator/Clerk Consulting Engineers' Report City Attorney's Report 7:30 P.M. Call to Order Invocation Roll Call Approval of Minutes Public Hearings Individuals or Delegations Unfinished Business New Business Individuals or Delegations(cont'd) Council Request Items Staff Reports (cont'd) Applications Communications Questions/Comments from News Media Adjournment 2. On motion of Councilman Kimble, seconded by Councilwoman Bodlovick, the following committee appointments were confirmed as recommended by the Mayor: (all in favor) Library Board Planning Commission Recreation Commission John Edward Cass Delores Dinzeo Jean Morse Thomas M. Farrell Dean A. Marlette Douglas Seitz Linda Kluy John 'enson Dennis Sullivan - reappointment - reappointment - reappointment - reappointment - new replaces Charles Swanson - new replaces Jay Sleiter - reappointment - reappointment - reappointment COMMITTEE APPOINTMENTS OF COUNCIL MEMBERS Planning Commission Barbara Avise Recreation Commission Brad MacDonald Jay Kimble Joint Powers Ann Bodlovick and Harry Peterson Joint Cable Commission Ann Bodlovick City/Township Joint Planning Board -Barbara Avise and Brad MacDonald EMS Council Ann Bodlovick Alternates Jay Kimble David Chial • .� • 0.44 January 18, 1983 399) . • NEW BUSINESS 1. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, a resolution was introduced"DIRECTING THE PAYMENT OF THE BILLS". Ayes --Councilwomen Avise and Bodlovick, Councilmen Kimble and MacDonald and Mayor Peterson Nays --None (see resolutions) 2. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the garbage waiver for File No. A-32 (12-620) was approved. (all in favor) 3. On motion of Councilwoman Avise, seconded by Councilman MacDonald, the Council set the date of February 1, 1983 at 7:30 P. M. for the public hearing on Case No. 471 for a Special Use Permit for Richard and Kay Chilson to convert the second floor of the Mad Capper into a dwelling unit. (all in favor) INDIVIDUALS & DELEGATIONS (continued) None at this point in the meeting. APPLICATIONS - -On motion of Councilwoman Avise, seconded by Councilwoman Bodlovick, the following Contractor's Licenses were approved: (all in favor) Croixland Excavating 10003 Mendel Rd. N., Stillwater Excavators Renewal Leo's Excavating 2275 Neal Ave. N., Stillwater Excavators Renewal Moelter Construction Co., Inc. 2938 Quant Ave. N., Stillwater General Renewal St. Croix Valley Improvement Co. (Gerald J. Cook) P. 0. Box 201, Stillwater General - -On motion of Councilwoman Bodlvoick, seconded by Councilwoman Avise, the following Beer Permit was approved: (all in favor) United Commercial Travelers - Lily Lake Ballfied - February 23, 1983 - 5:00 P. M. to 10:00 P. M. (to consume) COMMUNICATIONS From Community Volunteer Service - an invitation to their annual meeting.(no action) From the Citizens Memoral Committee regarding the Lincoln Day Dinner meeting on February llth. (no action) COMMITTE REPORTS - continued 1. Mr.KRIESEL informed the Council that he has received the new leases for the parking lots from Burlington Northern - the River Los is increased from $2,100 to $3,300 and Mulberry Point from $1,800 to $2,000. There was discussion about increasing the rental fee to Muller Boats Works. (No action taken at this time) 2. MR. MOORE informed the Council that he would be willing to have a special meeting with the Council to go over again the Comprehensive Sewer Plan for the City. 3. There was a budget meeting scheduled for Tuesday, January 25, 1983 at 4:30 P. M. APPROVAL OF MINUTES On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, minutes of the following meetings were approved: (all in favor) January 4, 1983 Regular Meeting 7:30 P. M. January 4, 1983 Adjourned Meeting 8:00 P. M. COUNCIL REQUEST ITEMS On motion of Councilman MacDonald, seconded by Councilwoman Bodlovick, the Council directed that the City Clerk advertise for bids for four police cars, bids returnable on February 1, 1983 at 3:00 P. M. (all in favor) QUESTIONS FROM PRESS REPRESENTATIVES None • January 18, 1983 RESOLUTIONS The following resolutions were read and on roll call were unanimously adopted: 1. Directing the Payment of the Bills 2. Sponsorship of Community Development Grants 3. , Authorizing the Change in a Legal Description (Emerson Property) * Repass ADJOURNMENT On motion of Councilwoman Bodlovick, seconded by Councilman MacDonald, the meeting adjourned at 9:55 P. M. Attest: „/0 �. 94-A, iLc_ Cit Clerk