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HomeMy WebLinkAbout1989-02-21 CC MIN ~ SPECIAL MEETING STILLWATER CITY COUNCIL MINUTES February 21, 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 Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Blazek Public Works Director Junker Consulting Engineer Moore Planning Comm. Chair. Fontaine Public Safety Director Mawhorter City Clerk Johnson Press: Sharon Baker, Stillwater Gazette Julie Kink, St.Croix Valley Press Others: Steve Zinne1, Harold Teasdale, Robert Iversen, Gregory Gustafson, John Arke11, Pat Brinkman, Dick Zimmerman, Andy Casso ~ STAFF REPORTS 1. Public Safety - Joint Purchase A~reement with City of St. Paul Motion by Counci1mem er Bod10vick, seconded by Counci1member Farrell to adopt the appropriate resolution approving a Joint Purchase Agreement with the City of St. Paul. (Resolution No. 8030) Ayes - Counci1members Bod10vick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None Agreement with State for Pre-Breath Testing Device Motion by Councilmember Bodlovick, seconded by Counci1member Kimble to adopt Resolution No. 8031, approving the use of a Pre-Breath Testing Device from the Minnesota State Crime Bureau. (All in favor. Ayes - Counci1members Bod10vick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 2. Public Works - Transfer of funds for truck repair r 1 r r r Stillwater City Council Minutes Special Meeting February 21, 1989 Motion by Counci1member Bod10vick, seconded by Counci1member Opheim to approve the transfer of $5,000 in funds to facilitate truck repair as requested by the Public Works Director. (All in favor). Sale of scra~ Iron Motion by Counci member Bod10vick, seconded by Counci1member Kimble to approve the request to receive bids for the sale of scrap iron. (All in favor). Claim for broken sidewalk Motion by Counci1member Kimble, seconded by Counci1member Opheim to refer the claim of a broken sidewalk on W. Myrtle St. to the insurance carrier after an estimate is obtained. (All in favor). PUBLIC HEARINGS (Continued) 1. This is the day and time for the continuation of 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. 2. This is the day and time for the continuation of 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. Notice of the hearing was published in the Stillwater Gazette on January 25, 1989 and copies were mailed to affected property owners. Mayor Abrahamson stated that before the public hearing continues, it is necessary to address the financial aspects of the current project and the properties being addressed. City Attorney Magnuson proceeded to summarize the project to date and cited some violations to the Development Agreement. Pat Brinkman, Attorney for John Arke11, initiated discussion regarding allegations against John Arke11 in the local papers and extensive discussion followed. Mr. Brinkman stated Mr. Arke11 is still a general partner and there have been no violations -- there was no attempt by Mr. Arkell to deceive the City. Council stated clarification regarding any misunderstandings will appear in the paper. Further discussion followed regarding a restrictive covenant and the community center property. Councilmember Opheim and Andy Cass stated there was an attempt to try and support a community center for both seniors and youth, but there was not enough support and the City does not want to own a community center. Mr. Brinkman asked how a restrictive covenant could be implemented for that site when the City could not specify what they wanted there. Mr. Kriesel 2 r (' (' Stillwater City Council Minutes Special Meeting February 21, 1989 explained that one of the selling points for the Cottages of Stillwater project was housing for seniors and a community center. Greg Gustafson, owner of Eastern Construction, stated he is the owner of the proposed community center land and there are mortgages on it in excess of its value. He is trying to make something good out of a mess and wants to put a project there that can go on the tax rolls. The only restriction he has is that he will not build something to compete with the Cottages of Stillwater. Mr. Arke11 explained how Mr. Teasdale and Mr. Iverson came into the project. Mr. Magnuson advised Council to start over with a new agreement for the new project. Council suggested recessing this issue until 7:30 P.M. and continuing with the public hearings at that time. RECESS Motion by Counci1member Kimble, seconded by Counci1member Bod10vick to recess the meeting at 6:25 P.M. (All in favor). Resolutions: No. 8030 - Approval of Joint Purchase Agreement with City of St. Paul. No. 8031 - Agreement State for Receiving Breath Test Instrument. j)aPi; ~~ ATTEST:~~ 3 r REGULAR MEETING STILLWATER CITY COUNCIL MINUTES February 21, 1989 7:00 P.M. The Meeting was called to order by Mayor Abrahamson. City Clerk Johnson gave the Invocation. Present: Councilmembers Bodlovick, Farrell, Kimble, Opheim, and Mayor Abrahamson. Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Blazek Parks Director Blekum Consulting Engineer Moore Comm. Dev. Director Russell City Clerk Johnson Sharon Baker, Stillwater Gazette Julie Kink, St.Croix Valley Press Sally & Jack Evert, Gary Funke, Arlen Waelti, Greg Gustafson, Pete Jones, Zach Hansen, Harold Teasdale, Bob Iversen, Andy Cass, Stephen Seal len, Frank Kubitschek. APPROVAL OF MINUTES - Special Meeting, January 31, 1989 Regular & Recessed Meetings, February 7, 1989 Press: r Others: Motion by Councilmember Kimble, seconded by Councilmember Farrell to approve the minutes of the Special Meeting of January 31, 1989 and Regular & Recessed Meetings of February 7, 1989 as presented. (All in favor). INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Sally Evert, Washington County Board - Solid Waste Issues. Sally Evert, from the Washington Co. Board, presented a brief report on solid waste issues, specifically the Resource/Recovery plant and recycling. Discussion followed with Zach Hansen, Washington Co. Public Health, and Pete Jones from NSP answering questions regarding recycling and the RDF plant, respectively. Ms. Evert announced a meeting is scheduled to discuss efficiency and rate increases in the Washington Co. Boardroom on March 3 at 1:00 P.M. PUBLIC HEARINGS 1. PUD A~proval - Phase Three, Cottages of Stillwater, Case No. PUD/89/2 (con. n 1 r" Stillwater City Council Minutes Regular Meeting February 21, 1989 Mayor Abrahamson reconvened the public hearing for this item which was continued from the afternoon meeting. Mr. Teasdale stated he will be developing the remaining 56 units and will give preference to people 55 years and older, but cannot limit occupancy to that group according to law. Mr. Russell discussed the conditions of approval, reaffirming that no building permits shall be issued until the sanitary sewer service is assured. Council and Mr. Teasdale discussed some problems in Phase II, such as inadequate signage, drafty windows, need for deadbolt locks, sidewalks that don't drain properly, installation of screen doors, and high rents. Mr. Teasdale will attempt to alleviate these problems. City Attorney Magnuson stated he will work with Arlin Waelti on the Development Agreement and modify it to fit Phase III. Mayor Abrahamson closed the public hearing. Motion by Councilmember Farrell, seconded by Councilmember Opheim to approve the PUD for Phase Three, Cottages of Stillwater, containing conditions of approval as stated, except No.4, which excludes residents other than those 55+, no building permits will be issued until the sanitary sewer service issue is resolved, and adding the condition that the City and the Developer will work together to modify the Development Agreement. (Ayes - 4; Nays - 1, Councilmember Bodlovick.) r PUD Modification to Concept & Final A~proval for two retail centers, office buildin and 56 unlt townhouse a artment develo ent located on the nor eas corner 0 r eans as ern ons rue on, ner, Case No. PUD/89-3. (con.) This item is also continued from the afternoon meeting and Mr. Russell explained the request is for a modification of the original concept PUD approval and includes the Erickson Post site. He again stated no building permits will be issued until the sanitary sewer service issue is resolved and explained the other conditions. Council discussion included the concern for traffic problems on County Rd. 5 and Orleans St. Mr. Magnuson suggested the developers share a reasonable impact fee as determined by a traffic study when development occurs, and a Development Agreement should be prepared for the site. Mayor Abrahamson closed the public hearing. Motion by Councilmember Farrell, seconded by Councilmember Opheim to approve the modification to the Concept PUD approval for the Area and Final PUD approval for the 24,000 sq.ft. Commercial Center and 56 Townhouse units, including the conditions of approval as stated in the Staff Report with the addition of a condition requiring a modified Final Plat before building permits are issued and participation by this development in traffic impact fee for improvements to Orleans/County Road 5 intersection. (Ayes -4; Nays - 1, Councilmember Bodlovick). 2. Council recessed for ten minutes and reconvened at 8:45 P.M. r 2 r Stillwater City Council Minutes Regular Meeting February 21, 1989 STAFF REPORTS 1. Finance Director Librar~ pettt Cash Motion by Counci member Kimble, seconded by Council member Farrell to approve the establishment of a petty cash account for the photocopier in the amount of $40 for the Library. (All in favor). r E & 0 Insurance Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to approve errors & omissions insurance with LMCIT, and elimination of E & 0 insurance with Tudor Ins. Co., as recommended by the Finance Director. (All in favor). 2. Parks Director Discussion of McKusick Lake Park Mr. Blekum initiated discussion of using park dedication fees for the development of this park and Mr. Magnuson stated these fees can be used for this purpose. Mr. Blekum suggested an informational hearing be held with the neighbors in the area regarding development of the park. Motion by Councilmember Kimble, seconded by Councilmember Farrell to set March 21 as the date for an informational meeting for residents of Owens St. and McKusick Rd. regarding the proposed park and parking lot. (All in favor). Advertisement for Bids - Replacement of Parks Tractor/Loader Motion by Councilmember Kimble, seconded by Councilmember Farrell to the advertisement for bids for a tractor/loader for the Parks Dept. favor) . authori ze (All in NEW BUSINESS 1. Resubdivision request for property located at 1 Ridge Lane in the Single Family, R-A Dist., Stephen Seal len, Applicant, Case No. SUB/89-18. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to adopt Resolution No. 8032, approving the Resubdivision request for property located at 1 Ridge Lane Drive, Stephen Seal len, Applicant, Case No, SUB/89-18. (All in favor). 2. Preliminary Final Plat Approval - The Greens Townhomes on Oak Glen, Second & Third Additions, 27 Townhouse lots located north of McKusick Rd. at McKusick Rd. Lane No. in the Oak Glen PUD, The Greens Development Co., Appli cant. Mr. Russell explained the modifications that have been requested for this development, such as zero lot lines, grading plan, utility plan and necessary easements. Mr. Kubitschek stated he is decreasing the density, r 3 r r Stillwater City Council Minutes Regular Meeti ng February 21, 1989 the homes will be on one level. This plan is being presented to make these units more marketable to the "empty nester". Council expressed some concerns regarding the plan and zero lot lines. They would like to see a development already in operation before giving approval. Motion by Councilmember Kimble, seconded by Councilmember Opheim to approve a Preliminary Final Plat, as conditioned, for the The Greens Townhomes on Oak Glen, 2nd & 3rd Additions for 27 Townhouse lots located north of McKusick Rd. at McKusick Rd. Lane No. in the Oak Glen PUD, The Greens Development Co., applicant. (Ayes - 2; Nays - 3, Councilmembers Bodlovick, Farrell and Mayor Abrahamson. Motion failed) Council reiterated their desire to view a development with these modifications and Mr. Kubitschek will arrange a tour. PUBLIC HEARINGS (con.) 3. This is the day and time for the public hearing on the proposed modification of the Development Program for Development Dist. No.1 (the "Development Program"), and the proposed modification of the Tax Increment Financing Plans relating to Tax Increment Financing Dist. Nos.l through 4. Notice of the hearing was published in the Stillwater Gazette on January 30, 1989. Mr. Russell explained the Modified Development Program for Development Dist. #1 and Tax Increment Dist #1 - 4 is required because the Development Plan is being changed to include a Master Plan Concept and because of INCstar project TIF assistance. Arlin Waelti explained the modifications more specifically and suggested Council develop a tax increment policy and would like to hold a workshop with Council for this purpose. She also explained the plan as it would relate to the School District. Mayor Abrahamson closed the public hearing. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to adopt the appropriate resolution modifying the Development Program for Development Dist. No.1 & the Tax Increment Financing Plans for Tax Increment Financing Dists. No.1 - 4. (Resolution No. 8033) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None UNFINISHED BUSINESS 1. Discussion - rocedures for roceedin with L.I. 251. lSCUSSlon 0 owe on ow 0 procee Wl s proJect. Further discussion followed regarding the use of tax increments for the project and Council expressed some hesitation to do this. They indicated the developers should show a willingness to participate by signing the waiver r 4 r Stillwater City Council Minutes Regular Meeting February 21, 1989 agreement. Mr. Moore explained the revised mock assessment roll, stating the cost of the project has not been reduced, but the assessments were reapportioned. Council directed the City Engineer to contact the developers regarding the plans and waiver agreement and report at the next meeting. 2. Possible second reading of ordinance regarding increase in garbage collection fees. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble for a second reading and enactment of an ordinance amending the Garbage & Rubbish rates for the City effective April 1, 1989. (Ordinance No. 696) r Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 3. Possible second reading of ordinance regarding Hosp/Med insurance for retired employees. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to have a second reading and enactment of Ordinance No. 695, establishing Hosp/Med. Insurance for retired City Employees. (Ordinance No. 695) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None NEW BUSINESS (con.) 3. Amendment to the Middle St. Croix Water Management Organization Plan. Motion by Councilmember Kimble, seconded by Councilmember Farrell to approve the amendment to the Middle St. Croix River Water Management Plan allowing additional studies in the Perro Creek area. (All in favor). CONSENT AGENDA Council discussion followed regarding items on the Consent Agenda. Councilmember Opheim suggested Item No.4, Peddler's license be removed, since the approval for this is granted by the Police Dept. Council also questioned the amount of $442.89 to Conn Co Shoes. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to approve the Consent Agenda of February 21, 1989, with the removal of the Peddler's License for Jr. Careers and Item #10 on the List of Bills for Conn Co Shoes; and including the following: (All in favor). 1. Directing Payment of Bills (Resolution No. 8027) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 2. Application for Off-Sale Beer License - Tom Thumb store, 1905 So. Greeley St. r 5 r r r Stillwater City Council Minutes Regular Meeting February 21, 1989 3. Set Public Hearing Date of March 7, 1989 for the following Planning Cases: a. Case No. CPA/89-1 - Compo Plan Amendment approval expanding the City Compo Plan boundary by adding 7.0 acres of land designated Single Family Residential, RA located south & east of intersection of Eagle Ridge Tr. & Neal Ave., City of Stillwater, Applicant. b. Case No. CPA/89-2 - Comp. Plan Amendment approval adding 6.9 acres of land to the City Compo Plan boundary & designating the land Single Family Residential, RA located west of Co. Rd. #5 & north of 62nd St., City of Stillwater, Applicant. c. Case No. CPA/89-3 - Compo Plan Amendment approval adding 11.0 acres of land, located east of Panama Ave. & south of 62nd St. to the City Compo Plan boundary & designate such land government buildings & open space buffer, City of Stillwater, Applicant. d. Case No. V/89-1 - Variance request to the sideyard and rearyard setback requirements for a garage located at 1225 So. 2nd St. in the RB Duplex Residential Dist., James Weber, Applicant. e. Case No. ZAM/89-1 - Zoning Ordinance Map Amendment designating 7.0 acres of land RA, Single Family Residential, 10,000 sq. ft/D.U. located south & east of intersection of Eagle Ridge Tr. & Neal Ave., City of Stillwater, Applicant. f. Case No. ZAM/89-2 - Zoning Ordinance Map Amendment to consider changing Chap.31, Subd. 5 of Zoning Ordinance zoning 11.0 acres of land RA Single Family Residential located east of Panama Ave. & south of 62nd St., City of Stillwater, Applicant. g. Case No. SUB/89-7 - Approval of Preliminary Plat for 19 lot Single Family Subd. on 7.0 acres of land located south and east of intersection of Eagle Ridge Tr. & Neal Ave. in the RA, Single Family Residential Dist., Blichfeldt Builders, Applicant. h. Case No. V/89-9 - Variance to front yard setback requirements for addition of steps to St. Mary's Church located at 407 So. 5th St. in the RCM Multi-Family residential Dist., Robert Eardley, Applicant. i. Case No. SUB/89-10 - Preliminary & Final plat approval to subdivide a one acre lot into two lots of approximately 22,500 sq. ft. each located at 1605 No. 2nd St. in the RA, Single Family Residential Dist., Robert Flotten, Applicant. j. Case No. SUB/89-11 - Preliminary & Final Plat approval to subdivide an existing 2.39 acre lot into two lots of .93 acres and 1.46 acres located at 1819 No. 4th St. in RA, Single Family Residential Dist., Robert Troyer, Applicant. k. Case No. SUP/89-12 - Special Use Permit for a commercial recreational use (Billiard Hall) located in Industrial Pk. Comm. Dist., IP-C at 14470 No. 60th St. (Surplus Warehouse Bldg.), Jeff Lundeen, Applicant. 1. Case No. DP/SUP/89-13 - Design Permit & Special Use Permit for construction of a 15,000 sq. ft. office building at 319 No. Main St., 6 r Stillwater City Council Minutes Regular Meeting February 21, 1989 located in the Heavy, IB, Industrial Dist. (Arrow Bldg. site), Mike McGuire, Applicant. m. Case No. V/89-14 - Variance to rearyard setback requirements (20 ft. proposed, 30 ft. required) for construction of a 13,716 sq. ft. retail center located at 2000 Washington Ave. in the Industrial Pk. Comm. Dist., IP-C., R. C. Ernst, Applicant. COUNCIL REQUEST ITEMS Charter Commission Mayor Abrahamson initiated discussion of appointments to the Charter Commission and a call he received from Gary Funke, one of the applicants questioning the procedure for recommendation to the Charter Commission. Mr. Evert will write a letter to Council clarifying the issue and this item will be further discussed at the March 7 meeting. STAFF REPORTS (Continued) Cit~ Clerk Motion y Councilmember Farrell, seconded by Councilmember Bodlovick to approve the attendance of the City Clerk at the Minnesota Municipal Clerks & Finance Officers Annual Conference in Alexandria, Minn. at an approximate cost of $247.75. (All in favor). r City Coordinator Mr. Kriesel requested his memo regarding "Additional Compensatory Consideration" for Exempt Employees be considered at the Special Meeting on February 28. Ratification of Res. No. 8029, EmPlo~ent of Concession Workers Motion by Councilmember Bodlovick, secon ed by Councilmember Farrell to ratify the adoption of Resolution No. 8029, (which was formerly adopted on February 14, 1989) employing Concession Workers Michelle Clarke and Kathy Molnar at the Ice Arena. (All in favor). Mr. Kriesel requested Council to meet in five-minute Executive Session after the meeting. Council concurred. COUNCIL REQUESTS (con) Council directed Comm. Dev. Director Russell to attend the session sponsored by Congressman Sikorski's Office at the Library on February 23 to lobby for a Visitor's Center for the City of Stillwater. ADJOURNMENT Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to adjourn the meeting at 10:30 P.M. to Executive Session. (All in favor). r 7 r r r Stillwater City Council Minutes Regular Meeting February 21, 1989 Resolutions: No. 8027 - Directing Payment of Bills No. 8032 - Approval of Resubdivision of Property at 1 Ridge Ln. Dr. No. 8033 - Modification of Dev. Program for Dev. Dist. #1, Tax Increment Fi nanc1 ng. Ordinances: No. 695 - Retirement Benefits for Retirees. No. 696 - Amendment to Garbage & Rubbish Collection Fees. ;)"1 ~~ ATTEST:~~r~~/ 8 RKCORD OF RXEarrIVE SESSlotI Date convened: TUesday, February 21, 1989 Ti.me convened: 10:30 p.m. Time adjourned: 11:00 p.m. Members present: Bodlovick, Kimble, Opheim, Farrell and Mayor Abrahamson Members absent: None Alsoprssent: City Coordinator Kriesel, City Attorney ~agnuson Purpose of Executive Session: To discuss labor agreement negotiations. Ad.ion taken: Prepare counter proposal far AFSCME agreement. Attest: //~--Ll.( City :xr~_{ cVoordinator " " L/