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HomeMy WebLinkAbout1985-08-20 CC MIN . STILLWATER CITY COUNCIL August 20, 1985 6:30 P.M. RESULAR MEETING CALL TO ORDER INVOCATION ROLL CALL APPROVAL OF MINUTES August 6, 19B5 (Regular & Recessed Meetings) STAFF REPORTS 1. Public Safety 4. Finance Director 7. Fire Chief ~. Public Works 5. Parks & Recreation B. City Attorney 3. Building Official 6. Consulting Engineer 9. City Coordinator 10. City Clerk INDIVIDUALS & DELEGATrONS UNFINISHED BUSINESS . 1. Joint Cable Commission Financial Statement. NEW BUSINESS 1. Directing Payment of Bills. (Resolution No. 7500) 2. Set Public Hearing Dates for the following Planning Cases: Case No. 600 - Winnie Johnson - Request for Minor Subdivision of property located at 321 West Elm Street. Case No. 601 - Joseph Monheim - Request for Minor Subdivision located at 1004 North Fourth Street. . Case No. 602 - Tom Lindeen - Request to install an inground swimming pool. Variance for placement of six ft. fence on lot lines at 2467 Hidden Valley Lane. Case No. 603 - Stillwater Yacht Club (formerly MulIers Boat Works) - Request for Special Use Permit and setback Variance to remove existing building and construct new building at 422 East Mulberry Street. Case No. 604 - Darlene Liberty - Request for rear yard setback variance to replace existing garage with new garage located at 210 North Martha Street. . . . Case No. 605 - Washington Federal Savings Bank - Special Use Permit to construct an 11,000 sq. ft. addition to existing bank facilities at Second and Myrtle Streets. 3. Preliminary approval for issuance of Industrial Development Bonds for Stillwater Riverfront Development Corporation. 4. Update on Bridge Task Force Study. COUNCIL REQUEST ITEMS STAFF REPORTS (Continued) APPLICATIONS COMMUNICATIONS QUESTIONS/COMMENTS FROM NEWS MEDIA ADJOURNMENT . . . REGULAR MEETING STILLWATER CITY COUNCIL MINUTES August 20, 19B5 6:30 P.M. The meeting was called to order by Mayor Peterson. The Invocation was given by City Clerk Johnson Present: Councilmembers Junker, Kimble, MacDonald and Mayor Peterson. Councilmember Bodlovick Absent: Also Present: City Coordinator Kriesel City Attorney Magnuson Public Safety Director Mawhorter City Clerk Johnson Consulting Engineer Elliott Consulting Engineer Davis Sharon Baker, Stillwater Gazette Jeanne Landkamer, St. Croix Valley Press Steve Lynch, Marie Stanek. Dennis Balyeat, Doug Clint, John Jewell, Bob Lafayette, Mike McGuire Press: Others: APPROVAL OF MINUTES: Motion by Councilmember Junker, seconded by Councilmember Kimble to approve the Minutes of the Regular and Recessed Meetings of August 6, 19S5 as presented. (All in favor) STAFF REPORTS 1. Public Safety - Chief Mawhorter reported on a request for a street sign on No. Eagle Ridge Trail. He said that it has been noted by residents that people are traveling in excess of the speed limit in this area. Chief Mawhorter recommended that a thirty-mile per hour speed limit sign be posted at the entry to the street. Motion by Councilmember Junker, seconded by Councilmember Kimble to post a thirty-mile per hour speed limit sign at the appropriate place in the No. Eagle Ridge Trail area. (All in favor) Chief Mawhorter stated the Police Dept. has finished the inventory on property in the "Evidence Locker" and requested to advertise for a sale of these items. Motion by Councilmember Junker, seconded by Councilmember Kimble to advertise that persons having articles in the Police "Evidence Locker" claim them within ten days and that an auction be scheduled for two months from today to dispose of the articles. (All in favor) 1 . . . City Council Minutes August 20, 1985 Chief Mawhorter requested to spend $4,000 to have the two 1984 marked squad cars repaired by having the front ends rebuilt, put a new seat in each one, and a short block in the engine. After some discussion the following motion was passed: Motion by Councilmember Junker, seconded by Councilmember Kimble to approve the request to spend $4,000 to repair the two 1984 squad cars as noted above. (All in favor) Mayor Peterson stated he has received a report of an incident where a large Black Labrador dog with its owner, but unleashed, attacked a smaller dog. Mayor Peterson is concerned that too many animals are running loose and the City should have a "leash" law. He suggested the City Attorney research the dog ordinances of other cities and determine if the Stillwater ordinance be modified to include a leash law. Also, Mr. Peterson suggested the media caution people to keep their dogs under control. Marie Stanek, 619 No. Fourth St., requested the Police Dept. provide a bicycle safety program. Chief Mawhorter stated the Department will be beginning a program of bicycle safety in the near future. 2. Consulting Eng~ - Jeff Davis, Short, Elliott, Hendrickson, Inc. was present to adare5s-the liquidated damages issue, with Crossings, Inc., which was previously discussed at the August 6, 1985 meeting. He stated the City Attorney and City Coordinator reviewed the records at the Short, Elliott office and verified the figures. City Coordinator Kriesel explained that the liquidated damages are for the dollars incurred during the inspection of work that was necessary due to the delay in completion of construction of four separate projects. The amount of damages is approximately $9,500. The contract with Crossings, Inc. includes a provision whereby the City can assess liquidated damages of a specified amount for every day that the contract is not completed. The approximate amount of $9,500 is the actual expense that was incurred because Short Elliott had to do the inspections. Mr. Steve Lynch, of Short, Elliott, was present and explained the inspections he performed on these projects. City Attorney Magnuson explained the liquidated damages procedure and stated a breech of contract happened when the construction was not completed on time. Mr. Magnuson recommended a compromise. Council and Staff discussed the issue extensively. Motion by Councilmember Junker to pay Crossings, Inc. the full amount of the contract, have Crossings post a bond, and let Crossings sue the City of Stillwater for the full amount. 2 City Council Minutes August 20, 1985 City Attorney Magnuson stated the contractor can file a special bond, but this would not apply in this case. Mayor Peterson called for a second three times and the motion failed for lack of a second. Discussion followed on the exact amount of the damages and Jeff Davis stated it is a few cents short of S9,600. Motion by Councilmember MacDonald, seconded by Councilmember Kimble to assess S9,600 liquidated damages against Crossings, Inc. (3 Ayes, 1 Nay - Councilmember Junker voted Nay; Mayor Peterson voted Aye) . 3. City Attorney - No report 4. City Clerk - City Clerk Johnson stated one bid was received for the Pettibone Grader from Raleigh Trucking in the amount of S2,550.00 after being advertised in the Gazette and St. Paul Pioneer Press. Motion by Councilmember Junker, seconded by Councilmember MacDonald to reject the bid of Raleigh Trucking in the amount of S2,550.00. (All in favor) Councilmember Junker stated the City was offered $6,500 at the County .uction and refused it; a minimum figure had been assigned to the grader. Mr. Kriesel stated Mr.Meister contacted the individual making the bid at the County Auction to say he could have the grader, but the individual decided he did not want it. City Clerk Johnson stated an application had been received for "Waiver of Garbage & Rubbish Collection Charge". Motion by Council~ember Junker, seconded by Councilmember Kimble to approve the application for Waiver of Garbage & Rubbish Collection Charge for Case No. 12-940. (All in favor) UNFINISHED BUSINESS 1. Joint Cable Commission Financial Statement. - Council noted that this item had been received and took no action. NEW BUSINESS 1. Directing Payment of Bills Motion by Councilmember Junker, seconded by Councilmember Kimble to adopt the appropriate resolution Directing the Payment of Bills. (Resolution No. 7500) . 3 . City Council Minutes August 20, 1985 Ayes -- Councilmembers Junker, Kimble, MacDonald and Mayor Peterson. Nays -- None 2. Public Hearing Dates for Planning Cases Motion by Councilmember Junker, seconded by Councilmember Kimble to set September 3, 1985 as a Public Hearing Date for the following cases: (All in favor) a. Case No. 600 - Greg Johnson, request for Minor Subdivision of property located at 321 West Elm Street. b. Case No. 601 - Joseph Monheim, request for Minor Subdivision located at 1004 No. Fourth Street. . c. Case No. 602 - Tom Lindeen, request to install an in-ground swimming pool and variance for placement of six ft. fence on lot lines at 2467 Hidden Valley Lane. d. Case No. 603 - Stillwater Yacht Club (formerly Mulier's Boat Works) request for Special Use Permit and setback Variance to remove existing building and construct new building at 422 East Mulberry Street. e. Case No. 604 - Darlene Liberty request for rear yard setback variance to replace existing garage with new garage located at 210 North Martha Street. f. Case No. 605 - Washington Federal Savings Bank request for Special Use Permit to construct ail 11,000 sq. ft. addition to existing bank facilities at Second and Myrtle Streets. 3. Preliminary Approval - Industrial Development Bonds, Stillwater Riverfront Development Corp. - Dennis Balyeat was present to explain that this issue concerns a Hotel-Marina complex on the north end of Stillwater. The Washington Co. HRA Board met this evening and gave preliminary approval to this proposal for Industrial Development Bonds. Mr. Doug Clint also was present to represent the developers. Mr. Balyeat explained that HRA gave preliminary approval so that the developer can incur costs against the bond sale. Bob Lafayette, a resident, stated he wa~ not aware that the City invested any money in an Industrial Development Bond issue. Mr.Balyeat explained that this is a refundable deposit. Mike McGuire asked for explanation of what properties are involved in this development. Mr. Balyeat stated that the proposal is in a preliminary stage and the only property identified so far is the Muller Boat Works. Mr.Balyeat . 4 City Council Minutes . August 20, 1985 . . explained that if the project fails, the costs will come out of the developer's pocket. Motion by Councilmember Junker, seconded by Councilmember Kimble to approve the application of Mr. Scherber for the proposed Hotel-Marina complex on the Muller Boat Works property, that the City of Stillwater support this issue by 1/2 of 1% for the issue, and that a development agreement be drafted by October 15, 1985. (All in favor) Mr. Balyeat advised the Council that the HRA Board acted on the purchase and renovation of the Cub Foods Store for $5,000,000 Industrial Development Bonds which will include 62,000 sq. ft. of new construction and will be primarily retail, office and other shops. All funds for Industrial Development Bonds, which the HRA has been handling, are now spent. 4. Mike McGuire - Plans for Restaurant Project - Mayor Peterson introduced Mr. McGuire who was present to update Council on his restaurant plans. Mr. McGuire stated his plans are taking much longer than he had planned. He explained he still is waiting for the paperwork to be completed by the lawyers for the partnership corporation. He would like to be under construction in approximately one month. Council stated their concerns, one of which is the liquor license given to Mr. McGuire for this restaurant. Council discussed setting a deadline for these plans. Motion by Councilmember Junker to set a deadline of April 1, 1986 for the start of construction for the McGuire Restaurant; and payment of the liquor license. Councilmember Kimble stated he would like to see a more concrete commitment such as review of the plans and specifications by Building Inspectors, Building Permits issued, and the car wash taken down. After more discussion, Mayor Peterson called for a second three times. The motion failed for lack of d second. Motion by Councilmember Kimble, seconded by Councilmember MacDonald to have Mr.McGuire accomplish the following items in order to retain the liquor license, and approval of plans for his proposed restaurant on the old car wash property: 1. Plans will be submitted to the Building Inspector at an early date; 2. A Building Permit will taken out by October 1, 1985; 3. The car wash will be demolished or in significant stage of demolition by October 1, 1985; 4. After October 1, the corporation or their attorney will keep the City apprised on a ai-monthly basis of the construction schedule; and 5 . . . City Council Minutes August 20, 1985 if Mr. McGuire fails to comply with these stipulations, the liquor license that has been issued will be revoked; and the deadline for the actual start of construction will be April 1, 1986. (All in favor) Mayor Peterson declared a seven-minute break and Council reconvened at 8:44 P.M. 5. U~date on Bridge Task Force Study - Mayor Peterson introduced John Jewell, o the Citizens Task Force Committee to the Transportation Depts. of Wisconsin and Minnesota, who gave an update on the progress of the committee. Mr. Jewell presented a map and explained the corridors that are being discussed in relation to the bridge. The date for possible construction of the bridge is 1990; and there are various communities involved in the construction of the bridge. The general consensus of the ~ighway Dept. is that they would not maintain two bridges. The Committee is attempting to recommend a convenient way for people to come into our community and to get back out. A public meeting will be held at a future date. COUNCIL REQUEST ITEMS Councilmember Kimble stated he has received an inquiry from some Stillwater area residents who are concerned over the lack of public access to the river for local boat owners. Mayor Peterson said the DNR is establishing a public access at Wolff's Marine in Dutchtown. Mr. Kriesel reported that he and the Mayor have discussed the lack o~ a public access with the riverfront developers. Perhaps this can be part of the development. Councilmember Kimble gave an update to Council and Staff on the establishment of an Area Teen Center. Councilmember Kimble will be on the steering committee of this Task Force to look at the possibility of a Teen Center for the Valley Area. The Junior and Senior High School students will be surveyed and the Knights of Columbus have plans to buy or lease a portion of the Olsen Construction Building on South Greeley St. and have offered the Task Force the use of the Hall for the purposes of running the Teen Center. No action taken. Councilmember Junker presented a request from the High Rise that the Stillwater Police do not ticket them at 8:00 A.M. because they cannot move their cars by that time and the street is the only place to park. Also Mr. Junker stated he observed a policeman ticketing a car during a hard rain at 4:00 P.M. A discussion f~llowed by Council on the hours set for parking meters and when to issue tic~ets. Chief Mawhorter stated the meters start at 8:00 A.M. and end at 5:00 P.M. and it is difficult for officers to decide w~en to start ticketing. Mayor Peterson stated that people should fill the meter during the hours they are operating. 6 . . . City Council Minutes August 20, 1985 STAFF REPORTS (Continued) City Coordinator Kriesel informed Council that James Schreiber, recently employed as Ice Arena Manager, declined to accept the position. The selection committee met and recommended the employment of Robert A. Bielenberg as Ice Arena Manager. Councilmember Junker suggested the Council interview Mr. Bielenberg and recommend to the Committee that he be hired. Councilmember MacDonald stated he met with the committee and they recommended unanimously that Mr. Bielenberg be hired. A further recommendation is that the probationary period be extended to one year in order to enable the new employee to go through a full year in order to experience the full operation of the Arena. Discussion followed. Motion by Councilmember Kimble, seconded by Councilmember MacDonald to adopt the appropriate resolution to hire Robert A. Bielenberg as Ice Arena Manager for a probationery period of one year and to start as soon as practicable, with date !o be set by City Coordinator Kriesel. (Resolution No. 7501) Ayes -- Councilmembers Kimble and MacDonald, Mayor Peterson Nays -- Councilmember Junker Mayor Peterson requested that Councilmember Bodlovick be contacted in regard to this motion. After being contacted following the meeting, Councilmember Bodlovick stated she is in agreement with the employment of Robert Bielenberg as Ice Arena Manager. City Coordinator Kriesel stated a workshop meeting should be planned at an early date with the Library Board and Council on the reorganization of the Stillwater Public Library; and also to discuss budgets. Mr. Kriesel reported that to achieve a Library Building that is totally functional, $725,000 will be needed. Mr. Kriesel also said that street construction and repair on Pine and Churchill needs to be discussed. Council consensus is to set a Special Workshop Meeting on Wednesday, September 4, 1985 at 6:00 P.M. Mr. Kriesel will contact the Library Board in regard to this meeting. Mr. Kriesel stated he has a request from the Public Works Dept. to purchase a wheel balancer. Three thousand dollars was budgeted for this item and the City has received 4 quotes. After discussion, Council asked for more information as to the need for this item. Mr. Kriesel asked for Council recommendation in regard to a back injury case in the Public Works Dept. The injury happened almost two years ago and the employc~ was off work for approximately six months. He is continuing to seek chiropractic help and the insurance company denies these claims. Council is concerned that the City be protected and the employee also from an 7 . . . City Council Minutes Augus t 20, 1985 unscrupulous practitioner. Council discussed alternatives and directed Mr. Kriesel and City Attorney Magnuson to request a medical conference and report to Council on the results. APPLICATIONS CONTRACTORS Motion by Councilmember Junker, seconded by Councilmember MacDonald to approve the following Contractors Licenses: (All in favor) B & E Fence Company 6728 Fourth Street Oakdale, Mn. 55119 Virgil G. Bekius 445 So. Minnesota Street Bayport, Mn. 55003 Industrial Roof Maintenance 2321 Oakridge Road Stillwater, Mn. 55082 Industrial Utilities 2348 Driftwood Lane Stillwater, Mn. 55082 Lundgren Brothers Const. of Wisconsin 411 Second Street Hudson, Wisconsin 54016 Maplewood Sewer & Water, Inc. 1690 English St. Paul, Mn. 55109 Master Services 7340 Manning Ave. No. Stillwater, Mn. 55082 L. M. Petersen Company 1334 South Fourth Street Stillwater, Mn. 55082 Rivard Masonry R.R.'1 Box 414 St. Joseph,Wisconsin 54082 Fencing Contractor Renewal General Contractor New General Contractor Renewal Excavator Renewal General Contractor Renewa 1 Excavator Renewal Tree Trimmer Landscapers & Cainting General Contractor Renewa 1 Renewa 1 Masonry & Brick Contractor Renewa 1 8 . . . City Council Minutes August 20, 1985 Gary Teed Construction Company 10155 Perkins Avenue No. Stillwater, Mn. 55082 General Contractor Renewal BEER PERMIT (to consume) Motiol1 by Council member Junker, seconded by Councilmember Kimble to approve the following Beer Permits: (All in favor) Stillwater Jaycee's Lowe 11 Park Sept. 14, 1985 5:30-9:00 P.M. Sept. 14, 1985 5:00-9:00 P.M. Stillwater Elks Pioneer Park TEMPORARY LIQUOR PERMIT Motion by Councilmember Junker, seconded by Councilmember MacDonald to approve the Temporary Liquor Permit for the following: (All in favor) American Legion Post 148 Stillwater, Mn. 55082 Sund ay , Sept. 1, 1985 12 noon to Midnight ADJOURNMENT Motion by Councilmember MacDonald, seconded by Councilmember Kimble to adjourn the meeting at 10:14 P.M. (All in favor) Resol utions: No. 7500 - Directing Payment of Bills No. 7501 - Employment of Robert A. Bielenberg as Ice Arena Manager ATTEST: h.1~~~ 9 r REGULAR MEETING STILLWATER CITY COUNCIL MINUTES AU9uSt 20, 1985 6:30 P.M. The meeting was called to order by Mayor Peterson. The Invocation was given by City Clerk Johnson Present: Councilmembers Junker, Kimble, MacDonald and Mayor Peterson. Councilmember Bodlovick Absent: Press: City Coordinator Kriesel City Attorney Magnuson Public Safety Director Mawhorter City Clerk Johnson Consulting En9ineer Elliott Consulting Engineer Davis Sharon Baker, Stillwater Gazette Jeanne Landkamer, St. Croix Valley Press Steve Lynch, Marie Stanek, Dennis Balyeat, Doug Clint, John Jewell, Bob Lafayette, Mike McGuire Also Present: Others: r APPROVAL OF MINUTES: Motion by Councilmember Junker, seconded by Councilmember Kimble to approve the Minutes of the Regular and Recessed Meetings of August 6, 1985 as presented . (All in favor) STAFF REPORTS Public Safet~ - Chief Mawhorter reported on a request for a street sign on No. Eagle Rl ge Trail. He said that it has been noted by residents that people are traveling in excess of the speed limit in this area. Chief Mawhorter recommended that a thirty-mile per hour speed limit sign be posted at the entry to the street. Motion by Councilmember Junker, seconded by Councilmember Kimble to post a thirty-mile per hour speed limit sign at the appropriate place in the No. Eagle Ridge Trail area. (All in favor) 1. Chief Mawhorter stated the Police Dept. has finished the inventory on property in the "Evidence Locker" and requested to advertise for a sale of thes e items. ('" Motion by Councilmember Junker, seconded by Councilmember Kimble to advertise that persons having articles in the Police "Evidence Locker" claim them within ten days and that an auction be scheduled for two months from today to dispose of the articles. (All in favor) 1 r ~ r City Council Minutes August 20, 1985 Chief Mawhorter requested to spend $4,000 to have the two 1984 marked squad cars repaired by having the front ends rebuilt, put a new seat in each one, and a short block in the engine. After some discussion the following motion was passed: Motion by Councilmember Junker, seconded by Councilmember Kimble to approve the request to spend $4,000 to repair the two 1984 squad cars as noted above. (All in favor) Mayor Peterson stated he has received a report of an incident where a large Black Labrador dog with its owner, but unleashed, attacked a smaller dog. Mayor Peterson is concerned that too many animals are running loose and the City should have a "leash" law. He suggested the City Attorney research the dog ordinances of other cities and determine if the Stillwater ordinance be modified to include a leash law. Also, Mr. Peterson suggested the media caution people to keep their dogs under control. Marie Stanek, 619 No. Fourth St., requested the Police Dept. provide a bicycle safety program. Chief Mawhorter stated the Department will be beginning a program of bicycle safety in the near future. Consulting Engineer - Jeff Davis, Short, Elliott, Hendrickson, Inc. was present to adaress the liquidated damages issue, with Crossings, Inc., which was previously discussed at the August 6, 1985 meeting. He stated the City Attorney and City Coordinator reviewed the records at the Short, Elliott office and verified the figures. City Coordinator Kriesel explained that the liquidated damages are for the dollars incurred during the inspection of work that was necessary due to the delay in completion of construction of four separate projects. The amount of damages is approximately $9,500. The contract with Crossings, Inc. includes a provision whereby the City can assess liquidated damages of a specified amount for every day that the contract is not completed. The approximate amount of $9,500 is the actual expense that was incurred because Short Elliott had to do the inspections. Mr. Steve Lynch, of Short, Elliott, was present and explained the inspections he performed on these projects. City Attorney Magnuson explained the liquidated damages procedure and stated a breech of contract happened when the construction was not completed on time. Mr. Magnuson recommended a compromise. Council and Staff discussed the issue extensively. Motion by Councilmember Junker to pay Crossings, Inc. the full amount of the contract, have Crossings post a bond, and let Crossings sue the City of Stillwater for the full amount. 2. 2 City Council Minutes ~ AU9ust 20, 1985 City Attorney Magnuson stated the contractor can file a special bond, but this would not apply in this case. Mayor Peterson called for a second three times and the motion failed for lack of a second. Discussion followed on the exact amount of the damages and Jeff Davis stated it is a few cents short of $9,600. Motion by Councilmember MacDonald, seconded by Councilmember Kimble to assess $9,600 liquidated damages against Crossings, Inc. (3 Ayes, 1 Nay - Councilmember Junker voted Nay; Mayor Peterson voted Aye) r 3. City Attorney - No report 4. City Clerk - City Clerk Johnson stated one bid was received for the Pettibone Grader from Raleigh Trucking in the amount of $2,550.00 after being advertised in the Gazette and St. Paul Pioneer Press. Motion by Councilmember Junker, seconded by Councilmember MacDonald to reject the bid of Raleigh Trucking in the amount of $2,550.00. (All in favor) Councilmember Junker stated the City was offered $6,500 at the County Auction and refused it; a minimum figure had been assigned to the grader. Mr. Kriesel stated Mr.Meister contacted the individual making the bid at the County Auction to say he could have the grader, but the individual decided he did not want it. City Clerk Johnson stated an application had been received for "Waiver of Garbage & Rubbish Collection Charge". Motion by Councilmember Junker, seconded by Councilmember Kimble to approve the application for Waiver of Garbage & Rubbish Collection Charge for Case No. 12-940. (All in favor) UNFINISHED BUSINESS 1. Joint Cable Commission Financial Statement. - Council noted that this item had been received and took no actlon. NEW BUSINESS 1. Directing Payment of Bills Motion by Councilmember Junker, seconded by Councilmember Kimble to adopt the appropriate resolution Directing the Payment of Bills. (Resolution No. 7500) r 3 City Council Minutes r August 20, 1985 Ayes Councilmembers Junker, Kimble, MacDonald and Mayor Peterson. Nays None 2. Public Hearing Dates for Planning Cases Motion by Councilmember Junker, seconded by Councilmember Kimble to set September 3, 1985 as a Public Hearing Date for the following cases: (All in favor) a. Case No. 600 - Greg Johnson, request for Minor Subdivision of property located at 321 West Elm Street. b. Case No. 601 - Joseph Monheim, request for Minor Subdivision located at 1004 No. Fourth Street. c. Case No. 602 - Tom Lindeen, request to install an in-ground swimming pool and variance for placement of six ft. fence on lot lines at 2467 Hidden Valley Lane. d. Case No. 603 - Stillwater Yacht Club (formerly Muller's Boat Works) request for Special Use Permit and setback Variance to remove existing building and construct new building at 422 East Mulberry Street. r e. Case No. 604 - Darlene Liberty request for rear yard setback variance to replace existing garage with new garage located at 210 North Martha Street. f. Case No. 605 - Washington Federal Savings Bank request for Special Use Permit to construct an 11,000 sq. ft. addition to existing bank facilities at Second and Myrtle Streets. 3. Preliminary Approval - Industrial Development Bonds, Stillwater Riverfront Development cor~. - Dennis Balyeat was present to explain that this issue concerns a Hote -Marina complex on the north end of Stillwater. The Washington Co. HRA Board met this evenlng and gave preliminary approval to this proposal for Industrial Development Bonds. Mr. Doug Clint also was present to represent the developers. Mr. Balyeat explained that HRA gave preliminary approval so that the developer can incur costs against the bond sale. Bob Lafayette, a resident, stated he was not aware that the City invested any money in an Industrial Development Bond issue. Mr.Balyeat explained that this is a refundable deposit. Mike McGuire asked for explanation of what properties are involved in this development. Mr. Balyeat stated that the proposal is in a preliminary stage and the only property identified so far is the Muller Boat Works. Mr.Balyeat r 4 City Council Minutes r-' August 20, 1985 r explained that if the project fails, the costs will come out of the developer's pocket. Motion by Councilmember Junker, seconded by Councilmember Kimble to approve the application of Mr. Scherber for the proposed Hotel-Marina complex on the Muller Boat Works property, that the City of Stillwater support this issue by 1/2 of 1% for the issue, and that a development agreement be drafted by October 15, 1985. (All in favor) Mr. Balyeat advised the Council that the HRA Board acted on the purchase and renovation of the Cub Foods Store for $5,000,000 Industrial Development Bonds which will include 62,000 sq. ft. of new construction and will be primarily retail, office and other shops. All funds for Industrial Development Bonds, which the HRA has been handling, are now spent. 4. Mike McGuire - Plans for Restaurant Project - Mayor Peterson introduced Mr. McGuire who was present to update Council on his restaurant plans. Mr. McGuire stated his plans are taking much longer than he had planned. He explained he still is waiting for the paperwork to be completed by the lawyers for the partnership corporation. He would like to be under construction in approximately one month. Council stated thelr concerns, one of which is the liquor license given to Mr. McGuire for this restaurant. Council discussed setting a deadline for these plans. Motion by Councilmember Junker to set a deadline of April 1, 1986 for the start of construction for the McGuire Restaurant; and payment of the liquor license. Councilmember Kimble stated he would like to see a more concrete commitment such as review of the plans and specifications by Building Inspectors, Building Permits issued, and the car wash taken down. After more discussion, Mayor Peterson called for a second three times. The motion failed for lack of a second. Motion by Councilmember Kimble, seconded by Councilmember MacDonald to have Mr.McGuire accomplish the following items in order to retain the liquor license, and approval of plans for his proposed restaurant on the old car wash property: 1. Plans will be submitted to the Building Inspector at an early date; 2. A Building Permit will taken out by October 1, 1985; 3. The car wash will be demolished or in significant stage of demolition by October 1, 1985; 4. After October 1, the corporation or their attorney will keep the City apprised on a bi-monthly basis of the construction schedule; and r 5 r City Council Minutes August 20, 1985 if Mr. McGuire fails to comply with these stipulations, the liquor license that has been issued will be revoked; and the deadline for the actual start of construction will be April 1, 1986. (All in favor) Mayor Peterson declared a seven-minute break and Council reconvened at 8:44 P.M. 5. U~date on Bridge Task Force Study - Mayor Peterson introduced John Jewell, o the Citizens Task Force Committee to the Transportation Depts. of Wisconsin and Minnesota, who gave an update on the progress of the committee. Mr. Jewell presented a map and explained the corridors that are being discussed in relation to the bridge. The date for possible construction of the bridge is 1990; and there are various communities involved in the construction of the bridge. The general consensus of the Highway Dept. is that they would not maintain two bridges. The Committee is attempting to recommend a convenient way for people to come into our community and to get back out. A public meetin9 will be held at a future date. COUNCIL REQUEST ITEMS ~ Councilmember Kimble stated he has received an inquiry from some Stillwater area residents who are concerned over the lack of public access to the river for local boat owners. Mayor Peterson said the DNR is establishing a public access at Wolff's Marine in Dutchtown. Mr. Kriesel reported that he and the Mayor have discussed the lack of a public access with the riverfront developers. Perhaps this can be part of the development. Councilmember Kimble gave an update to Council and Staff on the establishment of an Area Teen Center. Councilmember Kimble will be on the steering committee of this Task Force to look at the possibility of a Teen Center for the Valley Area. The Junior and Senior High School students will be surveyed and the Knights of Columbus have plans to buy or lease a portion of the Olsen Construction Building on South Greeley St. and have offered the Task Force the use of the Hall for the purposes of running the Teen Center. No action taken. Councilmember Junker presented a request from the High Rise that the Stillwater Police do not ticket them at B:OO A.M. because they cannot move their cars by that time and the street is the only place to park. Also Mr. Junker stated he observed a policeman ticketin9 a car during a hard rain at 4:00 P.M. A discussion followed by Council on the hours set for parking meters and when to issue tickets. Chief Mawhorter stated the meters start at 8:00 A.M. and end at 5:00 P.M. and it is difficult for officers to decide when to start ticketing. Mayor Peterson stated that people should fill the meter during the hours they are operating. r 6 o City Council Minutes August 20, 1985 STAFF REPORTS (Continued) City Coordinator Kriesel informed Council that James Schreiber, recently employed as Ice Arena Manager, declined to accept the position. The selection committee met and recommended the employment of Robert A. Bielenberg as Ice Arena Manager. Councilmember Junker suggested the Council interview Mr. Bielenberg and recommend to the Committee that he be hired. Councilmember MacDonald stated he met with the committee and they recommended unanimously that Mr. Bielenberg be hired. A further recommendation is that the probationary period be extended to one year in order to enable the new employee to go through a full year in order to experience the full operation of the Arena. Discussion followed. Motion by Councilmember Kimble, seconded by Councilmember MacDonald to adopt the appropriate resolution to hire Robert A. Bielenberg as Ice Arena Manager for a probationery period of one year and to start as soon as practicable, with date to be set by City Coordinator Kriesel. (Resolution No. 7501) Ayes Councilmembers Kimble and MacDonald, Mayor Peterson Nays Councilmember Junker r Mayor. Peterson requested that Councilmember Bodlovick be contacted in regard to this motion. After being contacted following the meetin9, Councilmember Bodlovick stated she is in agreement with the employment of Robert Bielenberg as Ice Arena Manager. City Coordinator Kriesel stated a workshop meeting should be planned at an early date with the Library Board and Council on the reorganization of the Stillwater Public Library; and also to discuss budgets. Mr. Kriesel reported that to achieve a Library Building that is totally functional, $725,000 will be needed. Mr. Kriesel also said that street construction and repair on Pine and Churchill needs to be discussed. Council consensus is to set a Special Workshop Meetlng on Wednesday, September 4, 1985 at 6:00 P.M. Mr. Kriesel will contact the Library Board in regard to this meeting. Mr. Kriesel stated he has a request from the Public Works Dept. to purchase a wheel balancer. Three thousand dollars was budgeted for this item and the City has received 4 quotes. After discussion, Council asked for more information as to the need for this item. Mr. Kriesel asked for Council recommendation in regard to a back injury case in the Public Works Dept. The injury happened almost two years ago and the employee was off work for approxlmately six months. He is continuing to seek chiropractic help and the insurance company denies these claims. Council is concerned that the City be protected and the employee also from an r 7 r City Council Minutes Augus t 20, 1985 unscrupulous practitioner. Council discussed alternatives and directed Mr. Kriesel and City Attorney Magnuson to request a medical conference and report to Council on the results. APPLICATIONS CONTRACTORS Motion by Councilmember Junker, seconded by Councilmember MacDonald to approve the following Contractors Licenses: (All in favor) B & E Fence Company 6728 Fourth Street Oakdale, Mn. 55119 Virgil G. Bekius 445 So. Minnesota Street Bayport, Mn. 55003 Fencing Contractor Renewa 1 General Contractor New ~ Industrial Roof Maintenance 2321 Oakridge Road Stillwater, Mn. 55082 Industrial Utilities 2348 Driftwood Lane Stillwater, Mn. 55082 Lundgren Brothers Const. of Wisconsin 411 Second Street Hudson, Wisconsin 54016 General Contractor Renewa 1 Excavator Renewa 1 General Contractor Renewa 1 Maplewood Sewer & Water, Inc. 1690 Engli sh St. Paul, Mn. 55109 Excavator Renewa 1 Master Services 7340 Manning Ave. No. Stillwater, Mn. 55082 L. M. Petersen Company 1334 South Fourth Street Stillwater, Mn. 55082 Tree TriRHller Landscapers & Painting Renewa 1 General Contractor Renewal Rivard Masonry R.R. II Box 414 St. Joseph,Wisconsin 54082 Masonry & Bri ck Contractor Renewa 1 r 8 r r r' City Council Minutes August 20, 1985 General Contractor Renewal Gary Teed Construction Company 10155 Perkins Avenue No. Stillwater, Mn. 55082 BEER PERMIT (to consume) Motion by Councilmember Junker, seconded by Councilmember Kimble to approve the following Beer Permits: (All in favor) Stillwater Jaycee's Lowe 11 Park Sept. 14, 1985 5:30-9:00 P.M. Stillwater Elks Pioneer Park Sept. 14, 1985 5:00-9:00 P.M. TEMPORARY LIQUOR PERMIT Motion by Councilmember Junker, seconded by Councilmember MacDonald to approve the Temporary Liquor Permit for the following: (All in favor) American Legion Post 148 Stillwater, Mn. 55082 ADJOURNMENT Sunday, Sept. 1, 1985 12 noon to Midni9ht Motion by Councilmember MacDonald, seconded by Councilmember Kimble to adjourn the meeting at 10:14 P.M. (All in favor) Resol utlons: No. 7500 - Directing Payment of Bills No. 7501 - Employment of Robert A. Bielenberg as Ice Arena Manager ATTEST: ~~~~ 9