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HomeMy WebLinkAbout1989-02-07 CC MIN , ~ REGULAR MEETING STILLWATER CITY COUNCIL MINUTES February 7, 1989 4:30 P.M. The Meeting was called to order by Mayor Abrahamson. Present: Counci1members Bod10vick, Farrell, Kimble, Opheim, and Mayor Abrahamson. Absent: None Press: City Coordinator Kriesel City Attorney Magnuson Comm. Dev. Director Russell Public Works Director Junker Consulting Engineer Moore Parks Director B1ekum Finance Director Blazek City Clerk Johnson Julie Kink, St. Croix Valley Press Also Present: Others: Dave Eckberg, Bob Tanner r INDIVIDUALS & DELEGATIONS 1. Dave Eckberg, U~date on Thunderbird Air Show. Mr. Eckberg sta ed the event is being scheduled for August 16. 1989, starting time to be announced. He requested exclusive use of Ko11iner, Pioneer, and Lowell Parks and further explained plans for concessions, crowd control and the entertainment to be featured. Council concurred with the request for exclusive use of Ko11iner, Pioneer, and Lowell Parks for that event. STAFF REPORTS 1. Finance Director - No report. 2. Public Works Director - Motion by Counci1member Kimble, seconded by Counci1member Farrell to submit the claim for sewer back-up for James Podratz, 218 Birchwood Dr. to the City'S insurance agent. (All in favor). 3. Community Deve10~ent Director - Motion by Councl1member Kimble, seconded by Counci1member Farrell to approve the attendance of the Building Officials at a conference on March 20 & 21 or March 23 & 24, 1989 at a cost of $100. (All in favor). 4. Consulting En~ineer - Dick Moore, S ort-E11iott-Hendrickson, Inc., Consulting Engineer, introduced Barry Peters, his assistant for the Stillwater area. r 1 r Stillwater City Council Minutes Regular Meeting February 7, 1989 5. Parks Director - Motion by Councilmember Bodlovick, seconded by Counci1member Farrell to approve the purchase of a new tractor, mower & cab at a cost of $5,925.95 for the Parks Dept. (All in favor). r Ayes - Counci1members Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 6. City Attorney - City Attorney Magnuson explained the amendments drafted for the B1uff1and/ Shoreland Ordinance which will have a possible first reading at the evening meeting. Grand Garage Parking Lot Agreement with Crown Life Motion by Counci1member Kimble, seconded by Councilmember Bodlovick to agree to conditions of the previous draft agreement with Crown Life regarding the Grand Garage parking lot acquisition costs and easement request as long as the building is in place and the number of parking spaces are ensured. (All in favor). 8. City Clerk - No report. Citf Coordinator - Rep acement of Retired Firefighter Dan Mosiman Mr. KrIesel presented a request from Fire Chief Seim to replace retired Firefighter Mosiman with Dave Reichow, Sewer Dept., to take place on March 16, 1989. Council deferred adopting the resolution pertaining to Mr. Reichow's employment with the Fire Dept. until that date. Motion by Counci1member Bod10vick, seconded by Counci1member Farrell to advertise for a sewer maintenance worker, with salary to be dependent on the type of license classification held by the applicant. (All in favor). 7. r 2 r r r Stillwater City Council Minutes Regular Meeting February 7, 1989 RECESS Motion by Counci1member Kimble, seconded by Counci1member Farrell to recess the meeting at 5:31 P.M. (All in favor). Resolutions: No. 8022 - Employing Robert Johnson as Warming House Attendant. ATTEST:~___ ~{~~ I 3 jJ~~ r RECESSED MEETING STILLWATER CITY COUNCIL MINUTES February 7, 1989 7:00 P.M. The Meeting was called to order by Mayor Abrahamson. City Clerk Johnson gave the Invocation. Present: Counci1members Bod10vick, Farrell, Kimble, Opheim, and Mayor Abrahamson. Absent: None Press: City Coordinator Kriesel City Attorney Magnuson Comm. Dev. Director Russell Consulting Engineer Peters Consulting Engineer Moore Planning Comm. Chair. Fontaine City Clerk Johnson Sharon Baker, Stillwater Gazette Julie Kink, St.Croix Valley Press Robert Brackey, Richard Ernst, Sr., Richard Ernst, Jr., Doug Po1ubinsky, Bob Mike, Jerry Sisk, Harold Teasdale, Bob Iverson, Mr. Gustafson, Joe & Susan Hromatka. Also Present: r Others: APPROVAL OF MINUTES Motion by Councl1member Bod10vick, seconded by Counci1member Kimble, to approve the minutes of the Special Meeting of January 10, 1989 and Regular Meeting of January 17, 1989 as presented. (All in favor). PETITIONS, INDIVIDUALS AND DELEGATIONS 1. St. Croix Catholic SChool - Operation of Pull Tabs at Brines, 219 So. Main St. Motiomlby Counci1member Bod10vick, seconded by Counci1member Farrell to approve the request for a Class B Gambling License and Pull-Tab operation to be managed by St. Croix Catholic School at Brines, 219 So. Main St.; and to allow them to begin sale upon receiving approval from the State. (All in favor). PUBLIC HEARINGS 1. This is the day and time for the Informational Hearing on the area known as the Forest Hills/Frontage Rd./So. Greeley Area, proposed Local Improvement No. 251. Notice of the hearing was mailed to affected property owners on January 25, 1989. r 1 r'. Stillwater City Council Minutes Recessed Meeting February 7, 1989 Mr. Russell and Mr. Moore explained this is an informal hearing (the Public Improvement Hearing was held last summer) to provide review of the plans, specs and landscaping in the buffer area. Mr. Moore also stated Minnesota State Aids will not be available for these improvements. Mr. Rose, representing Rose Floral, questioned the ponding area and why it is being put into a flat area on his property. He also stated he does not want to contribute toward a neighborhood park. f" Jerry Sisk, representing RGT Investments, (Burger King) 14430 60th St., stated they do not feel comfortable with the Waiver of Assessment form and the assessments apportioned. City Attorney Magnuson stated the improvements have been initiated by the property owners and not by the City. Dick Ernst, developer of Greeley Square, did join in petitioning for improvements, but with the idea that Minnesota State Aids would help pay for the improvements. He thinks the costs are prohibitive and Greeley Square should not be charged for street frontage, sanitary sewer or water because these improvements are available. He suggested the City use tax increment funds to pay for the assessments. Robert Brackey, owner of property next to Kangaroo Storage, is in favor of the improvements. If the City does not proceed, he requested that sewer come in from the west to service his property. Mayor Abrahamson closed the public hearing. Council discussion followed regarding the reasons for lack of MSA funds, the mock assessment roll figures, the impact of the new Stillwater Bridge on the road, the green buffer strip/parkland, drainage and detention basins and the possibility of using TIF monies. Mr. Ernst stated he would like to see the project go forward, but restated that Greeley Square should be exempt from some of the improvements as he formerly stated. They would be willing to sign a waiver for a portion of that proposed, $108,000. He also discussed sidewalk for the project. Council stated that the only way the project can proceed is for the Waiver of Assessment to be signed. r 2 ~ r r Stillwater City Council Minutes Recessed Meeting February 7, 1989 Motion by Counci1member Kimble, seconded by Counci1member Farrell to adopt the appropriate resolution approving plans and specifications for L.I. 251, Forest Hills/Frontage Rd./So. Greeley Area. (Resolution No. 8023) Ayes - Counci1members Bod10vick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None Council stated they will wait until after the waivers are received before advertising for bids for L.I. 251 and directed the City Engineer to draft another mock assessment roll. 2. This is the day and time for the Public Hearing on a PUD approval for Phase Three, Cottages of Stillwater, located on the northeast corner of Cottage Dr. and Co. Rd. 5 in the RA, Single Family Residential Dist., Teasdale & Assoc., Owner. Case No. PUD/89/2 Notice of the hearing was published in the Stillwater Gazette on January 25, 1989 and copies were mailed to affected property owners. Mr. Russell explained this request is for final Planned Unit Development approval for the third phase of the Cottages of Stillwater project and discussed the conditions of approval. Mr. Fontaine stated the Planning Commission approved the request, but were concerned with the agreement and specifically with the number of people under 55 who were allowed to rent units. He recommended the City Attorney review the agreement. Harold Teasdale, owner, stated there are some problems that can be corrected. He came in as a partner after the original agreement was approved and is now planning to complete the third phase. The City Council stated the City of Stillwater was never notified that this project was sold and should have been notified. Further discussion followed regarding the Development Agreement violations. City Attorney Magnuson added that the legalities should be cleared before the third phase is approved. Mr. Russell reported that the sewer service issue needs to be resolved before permits are issued. Motion by Counci1member Farrell, seconded by Counci1member Kimble to continue the Public Hearing on Case No. PUD/89-2, Phase Three, Cottages of Stillwater to February 21, 1989 at 4:30 P.M. (All in favor). 3. This is the day and time for the Public Hearing on a PUD modification to Concept and Final Approval for a 24,900 sq. ft. retail center, a 10,000 sq. ft. retail center, a three level 45,000 sq. ft. office building and a 56 unit townhouse/apartment development located on the northeast corner of Orleans St. and Co. Rd. 5 in the RA, Single Family Residential Dist., Eastern Construction, Owner. Case No. PUD/89-3. 3 ~ r r Stillwater City Council Minutes Recessed Meetin9 February 7, 1989 Notice of the hearing was published in the Stillwater Gazette on January 25, 1989 and copies were mailed to affected property owners. Since this project is closely connected to the previous case, Mr. Gustafson stated he and the Erickson Post people have no objection to continuing the public hearing. Motion by Counci1member Farrell, seconded by Counci1member Opheim to continue the Public Hearing on Case No. PUD/89-3, for Eastern Construction, to February 21, 1989 at 4:30 P.M. (All in favor). Council recessed for five minutes and reconvened at 8:40 P.M. 4. This is the day and time for the Public Hearing to consider the second reading and adoption of an ordinance establishing the Downtown Design Review Committee and Design Review Permit Requirements for the City of Stillwater. Notice of the hearing was published in the Stillwater Gazette on January 27, 1989. Mr. Russell stated this ordinance will implement the Downtown Plan Design Guidelines and five-member committee. Mayor Abrahamson closed the public hearing. Motion by Counci1member Kimble, seconded by Counci1member Bod10vick to have a second reading and enactment of an ordinance establishing the Design Review Committee and Design Permit Requirements. (Ordinance No. 692) Ayes - Counci1members Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None Ayes - Counci1members Bod10vicK, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 4 (' Stillwater City Council Minutes Recessed Meeting February 7, 1989 second Ayes - Counci1members Bod10vick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None for a second (Ordinance Ayes - Counci1members Bod10vick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None (' NEW BUSINESS 1. Review of request for on-site sewer permit at 303 W. Hazel St., Lot 4, Browns Creek Hei~hts Joe & Susan Hromatka, Owners. Motion by Councllmem er ~arrel1, seconded by Councilmember Kimble to approve the request for an on-site sewer permit at 303 W. Hazel St., Joe & Susan Hromatka. (All in favor). 2. UNFINISHED BUSINESS (con.) 3. A roval of ub1ication of Condo Conversion and Si n Ordinances b title an summary. Motion by Councilmember Bod10vick, seconded by Councilmember Farrell to adopt the appropriate resolution, Publication by Title & Summary of Ord. No. 690, regulating Signs. (Resolution No. 8025) Ayes - Counci1members Bod10vick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None Motion by Counci1member Bod10vick, seconded by Counci1member Farrell to adopt the appropriate resolution, Publication by Title & Summary of Ord. No. 691, regulating Condo Conversions. (Resolution No. 8026) Ayes - Counci1members Bod10vick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None (' 5 r Stillwater City Council Minutes Recessed Meeting February 7, 1989 NEW BUSINESS (con.) 3. Possible first reading of Ordinance to increase garbage collection fees. Motion by Counci1member Farrell, seconded by Councllmember Kimble for a first reading of an ordinance increasing garbage collection fees. (All in favor). 4. Possible first reading of ordinance amending the B1uff1and and Shore1and Ordinance, City Code Section 31.03. Motion by Counci1member farrell, seconded by Counci1member Kimble for a first reading of an ordinance amending the B1uff1and/Shore1and Ordinance. (All in favor). CONSENT AGENDA Motion by Counci1member Bod10vick, seconded by Counci1member Kimble to approve the Consent Agenda of February 7, 1989 including the following. (All in favor) : 1. Directing Payment of Bills (Resolution No. 8020) Ayes - Counci1members Bod10vick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 2. Contractors Licenses. r Concord Builders, Inc. 4538 Lynda1e Ave. No. Minneapolis, Mn. 55412 General Contractor New Kunz Construction Co. 2668 Eldridge Ave. No. St. Paul, Mn. 55109 General Contractor New Norcon General Contractor 1925 Oak crest Ave. Rosevi11e, Mn. 55113 Steven Cabinets, Inc. 2303 Kennedy Street N.E. Minneapolis, Mn. 55413 General Contractor New General Contractor New r 6 ~ Stillwater City Council Minutes Recessed Meeting February 7, 1989 both parties again to resolve some of the problems that still exist on the purchase and sale of the access property. Corps of Engineers, letter regardin~ dock relocation. Mr. Kriesel presented a summary of he events regarding the dock relocation permit application submitted to the Army Corps of Engineers by the City on behalf of the individuals operating the charter/excursion boat docks and the general boat docks. Due to the objections registered and the withdrawal of the request to flip-flop the docks, Mr. Kriesel suggested a special meeting be scheduled to discuss the issues. Motion by Counci1member Bod10vick, seconded by Counci1member Farrell to request a 30-day extension from the Army Corps of Engineers for the application for the relocation of the charter/excursion boat docks and general boat docks. (All in favor). 3. r-' Motion by Counci1member Opheim, seconded by Counci1member Bod10vick directing Staff to indicate to parties involved in the relocation of the charter/ excursion boat docks and general boat docks that the Council will not issue permits for the docks without a secure agreement in hand. (All in favor). Motion by Counci1member Opheim, seconded by Counci1member Bod10vick to schedule a Special Meeting for February 28, 1989, 7:00 P.M., to discuss the issue of the dock relocation. (All in favor). COUNCIL REQUEST ITEMS Council discussed a letter received from Art Palmer, Lowell Inn, regarding parking near the Inn, and the parking situation in the vicinity of the Lowell Inn and Senior Highrise Building. Mr. Russell stated he will be meeting with Mr. Palmer in a couple of weeks. Council directed Staff to study the issue and come back to Council with a recommendation. STAFF REPORTS (Continued) City Coordinator Council agreed to add two items to the agenda for the Special Meeting on February 14, 1989, namely, Dept. Head salaries, and a Labor Contract. r 7 r r r Stillwater City Council Minutes Recessed Meeting February 7, 1989 Council also discussed Senate File No.5, regarding a proposed Code of Ethics for City elected and appointed officials and the implications i nvo 1 ved. ADJOURNMENT Motion by Counci1member Farrell, seconded by Counci1member Bod10vick to adjourn the meeting at 9:55 P.M. (All in favor). Resolutions: No. 8020 - Directing Payment of Bills. No. 8023 - Approving Plans & Specs for L.I. 251. No. 8024 - Publication of Ordinance 692 by Summary & Title. No. 8025 - Publication of Ordinance 690 by Summary & Title. No. 8026 - Publication of Ordinance 691 by Summary & Title. Ordinances: No. 692 - Establishing Regulations for Downtown Design Review Permit and Design Review Committee. No. 693 - Amending Ordinance regarding Adjustment of Sewer Rates. No. 694 - Amending Dog Ordinance. ATTEST: H)~ hu.~ ~~~ 8