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HomeMy WebLinkAbout1985-10-01 CC MIN I . . . I . AGENDA STILLWATER CITY COUNCIL October 1, 1985 Regular Meeting Recessed Meeting 4:30 P.M. 7:30 P.M. 4:30 P.M. AGENDA PETITIONS OF INDIVIDUALS OR DELEGATIONS 1. Dennis Balyeat - Single Family Mortgage Revenue Bond Program. 2. Tom Farrell - River Valley Lions, Request for placement of docks at Lily Lake & Brewers Pond in Croixwood. STAFF REPORTS 1. Public Safety 4. Finance Director 7. Fire CI,ief 2. Public Works 5. Parks & Recreation 8. City Attorney 3. Building Official 6. Consulting Engineer 9. City Coordinator 10. City Clerk 7:30 P.M. AGENDA CALL TO OR!lER INVOCATION ROLL CALL APPROVAL OF MINUTES September 17, 1985 - Regular Meeting 6:30 P.M. INDIVIDUALS & DELEGATIONS PUBLIC HEARINGS 1. Modification of Tax Increment Financing District - Notice of continuation of the Public Hearing was published in the Stillwater Gazette on September 18, 1985. 2. This is the day and time for the public hearing on the proposed assessments for the following Local Improvements: 1 . . . a. Local Improvement No. 218 for the construction of watermains and services, sanitary sewer and services, storm sewer, street surfacing and other appurtenances. Notice of the hearing was published in the Stillwater Gazette on September 16, 1985 and copies were mailed to all property owners to be assessed. b. Local Improvement No. 219 for the construction of street surfacing (overlay). Notice of the hearing was published in the Stillwater Gazette on September 16, 1985 and copies were mailed to all property owners to be assessed. c. Local Improvement No. 226 for the construction of watermains and services, sanitary sewer and services, storm sewer, street surfacing and other appurtenances. Notlce of the hearing was published in the Stillwater Gazette on September 16, 1985 and copies were mailed to all property owners proposed to be assessed. 3. Case No. 603 - Stillwater Yacht Club, 422 E. Mulberry St. - request for Conditional Use Permit for storage building and Variance to build deck on building with substandard setback. Notice of the Public Hearing was published in the Stillwater Gazette on September 20, 1985. 4. Case No. 606 - Don Nolde, 332 W. Laurel St. - request for 574 sq. ft. Lot Size Variance to' construct a single-family home. Notice of the Public Hearing was published in the Stillwater Gazette on September 20, 1985. 5. Case No. 607 - Darlene Liberty, 210 N. Martha St. - request for Variance ln order to construct garage close to side lot line. Notice of the Public Hearing was published in the Stillwater Gazette on September 20, 1985. 6. Case No. 608 - Michael Lynskey, 108 So. Main St. - request for Special Use Permit to build residential units in a commercial district. Notice of the Public Hearing was published in the Stillwater Gazette on September 20, 1985. 7. Case No. 609 - Lewis Busc~man, 104 No. Everett St. - request for 8 ft. building separation Variance for construction of garage. Notice of the Public Hearing was published in the Stillwater Gazette on September 20, 1985. 8. Case No. 610 - Joseph Monheim, 1004 No. 4th St. - request for Minor Subdivision of lot in order to construct two single-family homes. Notice of the Public Hearing was published in the Stillwater Gazette September 20, 1985. 2 . . . g. Case No. 611 - Joel Harvieux, 1339 So. 4th St. - request for 8 ft. building separation Variance for construction of garage. Notice of the Public hearing was published in the Stillwater Gazette September 20, 1985. 10. in the PETITIONS, INDIVIDUALS OR DELEGATIONS (continued) Petition to vacate a portion of North Holcombe St. UNFINISHED BUSINESS 1. Second reading of Ordinance No. 639 - Amending the City Code in regard to Special Use Permit and Variance fees. NEW BUSINESS 1. Directing Payment of Bills. (Resolution No. 7510) 2. Stillwater Post Office - request permission for construction of driveway from parking lot - Myrtle and 4th Streets. 3. Proposed change to Article VIII of Cable T.V. Joint Powers Agreement. INDIVIDUALS & DELEGATIONS (continued) COUNCIL REQUEST ITEMS STAFF REPORTS (continued) APPLICATIONS (List to be supplied at meeting) COMMUNICATIONS QUESTIONS/COMMENTS FROM NEWS MEDIA ADJOURNMENT . . . REGULAR MEETING STILLWATER CITY COUNCIL MINUTES October 1, 1985 4:30 P.M. The meeting was called to order by Mayor Peterson. Present: Councilmembers Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson. Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Public Safety Director Mawhorter Finance Director Caruso Director of Parks & Recreation Blekum Building Official Zepper Fire Chief Chial Public Works Foreman Diethert City Clerk Johnson Press: Emily Chapman, Stillwater Gazette Tom Farrell, Dennis Balyeat, Vi Russell, a Group of Senior Citizens from the Drop-in Center, Tom Kish. Others: PETITIONS OF INDIVIDUALS OR DELEGATIONS 1. Dennis Balyea~ - Single Family Mortgage Revenue Bond Program. - Mr. Balyeat, representing the Washln9ton County HRA, was present to explain the program and stated this is a state-wide program to provide lower interest loans to first-time home buyers to purchase existing or new housing. He requested Council to schedule a Public Hearing for the first meeting in November. Motion by Councilmember Junker, seconded by Councilmember Bodlovick to schedule a public hearing for the November 5, 1985 Council Meeting In regard to the Single Family Mortgage Revenue Bond Program in Stillwater. (All in favor) 2. Tom Farrell - River Valle Lions request for lacement of docks at Lil La e Brewers Pon In Crolxwoo . - Tom Farrell an Tom K1Sh, representIng the River Valley Lions, explained that this group would like to float some docks on Lily Lake and Brewer's Pond for fishing docks for children. They further explained the DNR recommended that residents be notified about th~ project; picnic tables be added to Brewer's Pond locality; the docks should have railings, some trash cans provided, some signs posted on Northland and Nightingale stating that a children's fishing pond is located in the area, also some parking provided. Council discussion 1 . . . City Council Minutes October 1, 19S5 followed saying that a very small portion of Brewer's Pond is in the City of Stillwater, it is isolated and hard to service, upgrading the facilities at Brewer's Pond would make it more attractive as a hangout for teenager's, and some of the residents are concerned with people tramping across their yards. Council concurred that a dock should be put in at Lily Lake and delay the dock at Brewer's Pond. Motion by Councilmember Junker, seconded by Councilmember Kimble to approve the request of River Valley Lions to construct a children's fishing dock at Lily Lake and delay the construction of the dock at Brewer's Pond. (All In favor) 3. Vi Russell - Senior Citizen Center - Ms. Russell was at the meeting to present the budget of the Senior Citizen Center and request funds from Federal Revenue Sharing for 1986. Mayor Peterson stated the City would anticipate helping them in 1986, but does not know what will happen in 1987 and future years. Finance Director Caruso explained the Center received $7200 in 1985 and is suggesting that $7500 be allocated for their use in 1986. Motion by Councilmember Junker, seconded by Councilmember Kimble to allocate $7500 for the Senior Citizen Center from Federal Revenue Sharing Funds for the year 1986. (All in favor) STAFF REPORTS: 1. Public Safety - Chief Mawhorter stated he had contacted Mrs. Boyle in regard to the stop sign in her neighborhood on South William Street and explained to her why the stop sign will not be placed as she requested. She said the school busses are not an issue, but the excessive speed of teenagers leaving the school. Chief Mawhorter informed Mrs. Boyle he would place an officer on that intersection when the students are leaving school and use strict enforcement. Officer Ulrich has submitted a report on the six-month activity recap where he has handled 505 cases and cleared 256 of these cases with 163 arrests. Officer Schreffler will be on leave for the month of October due to medical problems. Adjustments will be made with staff to cover this leave. 2. Public Works - Foreman Diethert presented quotes for a front-end plow, an underbody plow, and a sander. Mr. Diethert recommended purchasing the equipment from Cri-Steel. 2 . . . City Council Minutes October 1, 1985 Ayes -- Councilmembers Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson. Nays -- None Ms. Caruso reminded Council of the special meeting set for October 8, 1985 for adopting the tax levy. Further, she explained there is approximately a S122,874 shortfall in the sewer fund and explained the options to remedy this. Council felt the sewer shortfall .'Juld be covered by rates because this is more equitable. After discussion of these options, Council tabled this item until a future special meeting meeting. Ms. Caruso asked for direction from Council in regard to the budget for the Library. She explained the options regarding this item. It was suggested that the increase in salaries be held at 4 percent. Council concurred that S251,OOO be special levied for the Library. Mr. Kriesel informed Council that McGarry/Kearney Insurance Agency has been notified by Home Insurance Co. that they will be canceling the City's insurance effective January 1, 1986. Ms. Caruso stated the City will have to contact the League of Minnesota Cities for insurance and rates will rise substantially. 4. Parks & Recreation - Mr. Blekum presented an application for a Peddler's License from Bill Klein representing Medley's Concessions to set up a trailer in Lowell Park to sell food items. After discussion, Council issued the following motion: Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to approve a Peddler's License for Bill Klein, d/b/a Medley's Concessions to operate a food concession trailer in Lowell Park on a blacktopped area, as approved by the Downtown Council, after payment of a $20.00 license for 2 days, Saturday, October 5 and Sunday, October 6, 1985. (All in favor) Mr. Blekum stated that Scott Schell has finished his six months probation as Laborer and requested to promote him to Junior Parkskeeper. Mr. Kriesel explained there are some problems with the designation of Junior Parkskeeper. This item was tabled until the Recessed Meeting at 7:30 P.M. Mr. Blekum stated the playground equipment has been installed in Pioneer and Washington Parks. 5. Fire Chief - Chief Chial requested Council authorization to send two people to the Incident Command Course being held in Eveleth on November g and 10. 4 . . City Council Minutes October 1, 1985 Regular Meeting MotionbyCouncilmember Junker, seconded by Councilmember Kimb e to authori.ze the atte"dance of two people at the Incident Command Course at Eveleth AVn on November 9 2~d 10, 1985. (All in favor) ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Kimble to recess the meeting until 7:30 P.M. (All in favor) Resolutions: No. 7511 - Authorizing Use of Unused Proceeds from $600,000 G.O. Improvement Bonds Series 1984 B. ATTEST: MLil.A~ r/'~ . - -.- -1 CITY CLERK U 5 .. . . RECESSED MEETINEi STILLWATER CITY COUNCIL MINUTES October 1, 1985 7:30 P.M. The Meeting was called to order by Mayor Peterson. The Invocation was given by City Clerk Johnson. Present: Councilmembers Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson. Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Caruso Public Safety Director Mawhorter Building Official Zepper Consulting Engineer Davis City Clerk Johnson Emily Chapman, Gazette Mr. & Mrs. W. LeCuyer, Terry Kane, Judy Olson, Tim Nolde, Kit Carlson, Walt Hartman, Darlene Liberty, Al Ranum, Dean Miller. Press: Others: APPROVAL OF MINUTES Motion hy Councilmember Junker, seconded by Councilmember Bodlovick, to approve the Minutes of the Regular Meeting of September 17, 1985 as presented. (All in favor). PUBLIC HEARINGS 1. This is the day and time for the public hearing on the Modification of Tax Increment Financin9 District. Notice of continuation of the Public Hearing was published in the Stillwater Gazette on September 18, 1985. Ms. Kit Carlson was present to explain the background on the plan and explain the modification of the original plan. She stated some parcels have been added and some removed. She requested the following three resolutions be approved: Motion by Councilmember Kimble, seconded by Councilmember Junker to adopt the appropriate resolution modifying a Tax Increment Financing Redevelopment District pursuant to Minnesota Statutes and adopting a finance plan for said modification. (Resolution No. 7514) Ayes -- Councilmembers Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson 1 . City Council Minutes October 1, 1985 Recessed Meeting Nays -- None Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to ajnpt the appropriate resolution requesting the County Auditor to certify the original assessed value of the property within the Tax Increment Financing Redevelopment District. (Resolution No. 7513) Ayes __ Councilmembers Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson. Nays -- None Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt the appropriate resolution to modify a Development District pursuant to Minnesota Statutes and adopt a modification to the Development District. (Resolution No. 7515) Ayes __ Councilmembers Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson. Nays -- None. ~ 2. This is the day and time for the public hearing on the proposed assessments for the following Local Improvements: Local Improvement No. 218 for the construction of watermains and services, sanitary sewer and services, storm sewer, street surfacing and other appurtenances. Notice of the hearing was published in the Stillwater Gazette on September 16, 1985 and copies were mailed to all property owners to be assessed. . Mr. Jeff Davis, of SEH, was present to explain the assessment district and the services installed. Mr. Davis stated that since the project is not completed yet, the costs are estimated. The grand total of expenditures is $430,690.32 and the total amount to be received is $44B,713.87. Councilmember Kimble asked why there is disparity in these figures. Mr. Davis replied because the MSA funds that are available were increased since the initial phase of the project; and in discussions with City Staff it was understood that the properties would be assessed as originally planned. Mr. Kriesel stated there was a misunderstanding becavse it was not intended to have an excess amount of money. Council discussion followed. Mr. Kriesel recommended the storm sewer costs be reduced by $18,000. It was noted that two objections to the assessments were filed -- from Super Valu Stores and H.H. & T., represented by James F. Lammers, Attorney for the Plaintiff. City Attorney Magnuson explained the objection procedure. 2 . City Council Minutes October 1, 1985 Recessed Meeting Motion by Councilmember Bodlovick, seconded by Councilmember MacDonald to adopt the appropriate resolution a~thorizing the Assessmerot Roll for Local Improvement No. 21E with the reduction of the amount to be received by S18,023.55 to equal the total cost of the project, $430,690.32; and with an interest rate of 10% for 10 years. (Resolution No. 7516) Ayes __ Councilmembers Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson. Nays -- None Local Improvement No. 219 for the construction of street surfacing (overlay). Notice of the hearing was published in the Stillwater Gazette on Se?tcmher 16, 1985 and copies were mailed to all property owners to be assessed. . Local lmprovement No. 219-1 - Mr. Davis explained how this assessment roll was developed. The toh'l of expenditures and financing was S55,ng.37. Mr. Davis sta'i:ed that after the impro',ement hearing it was determined that the method of final asses3ment will be determined at the assessment hearing. He then discussed the recommendations ma~e for assessing the improvements by the Consulting Engineers. Council discussion followed. Ray Dombrowe, 2337 Croixwood Blvd., stated it was decided to funnel all the truck construction traffic across Croixwood so as to not inconvenience any existing approac~es. There was extensive truck traffic. Gerald Klessig, 519 Erigewood, stated he bought his house in August, 1985 and was not aware any assessments were pending. City Attorney Magnuson informed the audience that the decision with regard to the formula a.,d the amount to be assessed is made at this evening's meeting and any indications that were given at the improvement hearing are not binding on the Council. Steve Palmer, 2807 Woodridge, asked if the amount assessed to each property owner is 100% of the assessment. The reply was, yes. He stated he never received notice of the improvement hearing that was held last year. Mr. Kriesel stated that over 250 notices were sent out, but It is possible that some could be missed. Betty Nelson, 2651 Fairlawn Dr., stated that Croixwood is still being used as a by-pass for County Rd. 5 all the way to Co. 12, because several construction trucks go through every day. She doesn't think they should be taxed for this. . Becky Rydell, Croixwood Blvd., would like to know if this is the normal procedure for a project. She called last summer and no one could tell her 3 . City Council Minutes October 1, 1985 Recessed Meeting the amount and the street was already done. Council explained the improvement and assessment procedures. A man asked if the State and County operate in this manner also. He doesn't believe the costs should be incurred by only the people living on that street. He stated there is a Minnesota law that says a municipality cannot levy any improvement that will not increase the value of the property to that certain amount. He doesn't believe the street has improved his property by that amount. City Attorney Magnuson repliad to this question. Debbie Kohl, 2713 Croixwood Blvd., asked why Croixwood as a whole was not assessed since Croixwood Blvd. is the only way into the area. Councilmember Kimble stated that is why Council did discuss a different method of assessment. He also stated there are some benefits to being on a feeder street such as being plowed out first. Terry Chial, 2423, Croixwood Blvd., was at the improvement hearing and the discussion centered on doing only the oad parts of the street. He asked if there was an escrow account to use if the street did not last twenty years. It was stated this does not exist. ~ Betty Nelson asked if Orrin Thompson put in the street or if the city did and the reply was, the city. She asked if Thompson could be made to pay for the street. Mayor Peterson closed the public hearing. Councilmember Kimble suggEsted delaying the decision on this project until Council can review figures from last year. Mr. Kriesel stated the assessment roll should be adopted by October 10, 1985. Motion by Councilmember Junker that the city participate by paying 25% of ~he assessment costs f~r _. I. 219-1. Mr. Junker stated the reasons for his motion are that the soils in the Croixwood area are not good and there is a great deal of truck traffic. Mayor Peterson called for a second three times and the motion failed for lack of a second. Motion by Councilmember Kimble, seconded by Councilmember MacDonald that the decision regarding the final assessment roll for L.I. 219-1 be delayed until a special meeting at 5:30 P.M. on October 8, 1985 in order to look at the Consulting Engineer's figures and recommendations for the proper percentage of city involvement due to the special circumstances of this case. (All in favor). Short, Elliott, Hendrickson Consultiro9 Engineers are directed to present the figures in regard to L.I. 219-1. . 4 . . . City Council Minutes October 1, 1985 Recessed Meeting Councilmember Kimble stated that if any of the residents have questions regarding the procedures involved in improvement hearings and assessments procedures, he would be available by telephone. Mayor Peterson stated that the State and County have gasoline taxes, etc. which help pay for highway and street construction, whereas the City only has property taxes to help pay for these projects. A man asked if the city has someone to inspect the work on the streets after completion of the project, especially on Marine Circle. He stated the blacktop was broken up this spring and especially after the Cable T.V. company completed their work. Local ImprJvement No. 219-2 - Mr. Davis explained the background on this project. The costs are $3,521.37 and five property owners are involved. Don Teed, 3026 Marine Circle, asked how property owners are assessed on a circle, stating he was assessed for 80 ft. He also asked about the quality of the work and stated that truc~s, and Cable T.V. have been digging up the surface of the street. He is opposed to being assessed for the street and then having it torn up before it is paid for. Mr. Davis explained the assessment procedure for the circle. It was stated that the Cable T.V. Co. is supposed to repair any street they dig up. Mayor Peterson closed the public hearing. Council and Staff discussed this case and Mr. Davis will include some information on cost sharing for the meeting on October 8. Motion by Counci1member Kjmble, seconded by Councilmember Junker that the final figures for L. I. 219-2 be delayed until the special meeting on October 8, 1985. (All in favor) Council recessed and reconvened at 8:48 P.M. Local Improvement No. 219-3 - Mr. Davis presented the costs and assessments for this project and the area involved. The expenditures and amount to be assessed are $18,565.25. Property owners are assessed 100%. Mayor Peterson stated the Council has received one written notice of objection regarding this project. Lyle Eckberg, 715 W. Orleans St., stated Orlears has heavy traffic on it and the last three years school buses have been using this street and contributed to the deterioration. He does not believe people living on this street be ~enalized and suggested that the School District should pick up 75% of this assessment. 5 . City Council Minutes October 1, 1985 Recessed Meeting City Attorney Magnuson stated the formula adopted by Council is tested in court differently than is the increase in market valuation and could be overturned as arbitrary and capricious. Mr. Davis stated the schools have been assessed based on their footage, not on use. Mayor Peterson closed the public hearing. . Council discussed an alternative basis for assessments on this case, and if there is any information for assessing a user due to the damage to a street. Motion by Councilmember Junker, seconded by Councilmember Bodlovick to adopt the appropriate resolution to approve the assessment roll for L.I. 219-3 as presented, with an interest rate of 10% for 10 years. (Resolution No. 7517) Ayes _ Councilmembers Bodlovick, Junker, and Mayor Peterson. Nays - Councilmembers Kimble and MacDonald. Local Improvement No. 226 - for the construction of watermains and services, sanitary sewer and services, storm sewer, street surfacing and other appurtenances. Motice of the hearing was published in the Stillwater Gazette on September 16, 1985 and copies were mailed to all property owners proposed to be assessed. Mr. Davis presented the information on this project. The costs amount to $70,448.70 and will be assessed 100%. Mr. and Mrs. William LeCuyer will be assessed for all the lots. The LeCuyer's stated they are happy with the work that has been done. Mayor Peterson closed the public hearing. Motion by Councilmember Junker, seconded by Councilmember MacDonald to adopt the appropriate resolution approving the as~'ssment roll for L.I. 226 with an interest rate of 10% for 10 years; with the appropriate correction made to the lot and block numbers. (Resolution No. 7518) Ayes -- Councilmembers Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson. Nays -- None 3. This is the day and time for the public hearing on Case No. 603, Stillwater Yacht Club, 422 E. Mulberry St., request for Conditional Use Permit for storage building and Variance to build a deck on the building with substandard setback. Notice of the public hearing was published in the Stillwater Gazette on September 20, 1985. . 6 . City Council Minutes October 1, 1985 Recessed Meeting . Mr. Doug Clint, representing the Yacht Club, was present and explained the proposal. He stated the new building would be erected on the site of the present storage building which would be torn down and would be set back 100 ft. from the river. The deck would be used for the Yacht Club. Molly Comeau, from the DNR, was present to explain their regulations in regard to this project. There would be no public use fer the yacht club and deck on the building. Steve Johnson was also present, representing the Boundary Waters Commission. Ms. Comeau stated they need to demonstrate hardship in order to construct the deck. Mr. Clint stated there is a hardship because the deck cannot be constructed on the north side of the building as it would extend over railroad property. On the east side, it would impact the river and the only functional place would be the north side. City Attorney Magnuson stated that it should be demonstrated that no incrpased flooding would occur, no additional threat to public safety, no publi~ expense being created, nor cause a nuisance; and this plan should follow the flo~dplain ordinance. Mr. Johnson presented some reqJirements -- that the building be an earthtone color, and that it not be roofed or enclosed. He inquired how the building would be used for storage of boats. He is concerned about the building being used as an in and out storage building which could create much more traffic on the river. Mr. Johnson emphasized he would like adequate copies of plans thirty days before a public hearing and a notice of the hearing twenty days before the meeting. He said at a later date they would have some concerns as to the number of boat Slips. He has a question as to the status of the facility with respect to the Stillwater zoning ordinance. City Attorney Magnuson answered Mr. Johnson's question, and discussion followed. City Attorney Magnuson suggested the zoning ordinance be changed to make the lines fall where they should. Motion by Councllmember Junker, seconded by Councilmember MacDonald to have a first reading of Ordinance No. 640 amending Chapter 31.03, Subdivision 3, the Shoreland and Bluffland Ordinance. (All in favor) Dean Miller, Planning Commission, stated this group felt a hardship was demonstrated as to the location of the deck and the Planning Commission approved the request. Ms. Comeau stated flood proofing regulations need to be followed. Mr. Johnson would like a better understanding of how the storage building will be used. A lady asked if there would be more congestion on the river with the in/out boat storage building than if 50 people brought in boats on trailers behind cars. . Mayor Peterson closed the public hearing. 7 . City Council Minutes October 1, 1985 Recessed Meeting Motion by Councilmember Junker, seconded by Councilmember Bodlovick to approve the Conditional Use Permit for the construction of a storage building for the Stillwater Yacht Club, 422 E. Mulberry St.; and City Attorney Magnuson to prepare the findings for this case. (All in favor) Motion by Councilmember Junker, seconded by Councilmember Bodlovick to grant a Variance to build a deck on the storage building with a substandard setback. (All in favor) 4. This is the day and time for the public hearing on Case No. 606, Don Nolde, 332 W. Laurel St., request for 574 sq. ft. lot size variance to construct a single-family home. Notice of the public hearing was published in the Stillwater Gazette on September 20, 1985. Tim Nolde, was present to explain they would like to build a single-family home on the lot since Council refused them permission to build a duplex on the lot. Dean Miller of the Planning Commission stated that body voted to approve the request. Mayor Peterson closed the public hearing. .... Motion by Councilmember Bodlovick, seconded by Councilmember Junker to approve the request of Don and Tim Nolde for the property at 332 W. Laurel St., for a 574 sq. ft. lot size variance in order to construct a single-family home. (All in favor) 5. This is the day and time for the public hearing on Case No. 607, Darlene Liberty, 210 N. Martha St., request for variance in order to construct garage close to side lot line. Notice of the public hearing was published in the Stillwater Gazette on September 20, 1985. . Ms. Liberty and Mr. Zepper, Building Official, explained the request and stated that a survey of the property had been done. The Planning Commission recommended that Ms. Liberty move the garage two ft. to the south toward the concrete slab so she will be on her own property. Mr. Zepper stated the setback off the rear line will be three ft. and two ft. off the sideyard. Terry Kane, 218 N. Martha, stated ten letters had been submitted from neighbors asking the City Council to enforce the setback ordinance. In addition, in submitted another letter from Gale Yocum, Rice St., who also agrees with the ten neighbors. Mr. Kane also spoke of concern for the silver maple tree which has been evaluated by a tree service and which may be harmed if the garage is built. 8 . . . City Council Minutes October 1, 19S5 Recessed Meeting Ms. Liberty also submitted a letter regarding the tree and that it would not be harmed. City Attorney Magnuson stated the concern for the tree is not a strong legal basis for denyin9 the variance. Judy Olson, 218 N. Martha St., stated there should be a five ft. setback at the sideyard. Mayor Peterson closed the public hearing. Motion by Councilmember Junker, seconded by Councilmember Bodlovick to grant a variance for a three-ft. sideyard setback and a three-ft. backyard setback, thus shortening the width of the garage by one ft. to 14.9 ft. (Ayes - 4; Nays 1 - Councilmember MacDonald voted Nay) Albert Holtz, a friend of Ms. Liberty, stated that if the garage is set 3 ft. from the side property line, the driveway would have to be constructed with a jog to get into the garage. Ms. Olson, a neighbor, stated she believes there is room to do this. Mr. Holtz asked if Ms. Liberty has the option to repair the existing garage. Council stated she does if the cost is not more than 50% of the value of the existing garage. Councilmember MacDonald is uncomfortable with the motion because Ms. Liberty is trying to improve her property and in a way she is being penalized. Councilmember Kimble asked the City Attorney if the Council can arbitrarily change the request and make a motion that the variance be 3 ft. instead of 2 ft. and if It is not the duty of the Council to approve or deny the request as it stands. City Attorney Magnuson stated this application is different in that Ms. Liberty has asked Council what they will allow her to do. Mr. Zepper stated the conditions under which she could repair the garage. Mr. Kane stated that a three ft. setback is an acceptable compromise. Mayor Petersen declared a break and Council reconvened at 10:10 P.M. 6. This is the day and time for the public hearing on Case No. 608, Michael Lynskey, 108 So. Main St., request for Special Use Permit to build residential units in a commercial district. Notice of the public hearing was published in the Stillwater Gazette on September 20, 1985. Mr. Lynskey explained he would like to construct nine one-bedroom apartments at 108 So. Main St. over Tommy's Cafe and the Senior Citizens Drop-In Center. 9 . . . City Council Minutes October 1, 1985 Recessed Meeting Mr. Zepper stated there will be some revisions to the plan requested by Fire Chief Chlal. Mr. Chial stated the exists are too close together. Mr. Lynskey stated the building will be sprinkled. He was originally going to put in an elevator, but changed his plans because he would have to charge too much rent. The apartments will not be exclusively for senior citizens. Mayor Peterson has a concern regarding parking in the downtown area. Mr. Lynskey stated 5 or 6 cars can be parked in back of the building and there is a city lot near the proposed apartments. Discussion followed regarding this issue. Dean Mill~r stated the Planning Commission voted to approve this req~est, but had the sam" .eservations regarding parking. Mayor Peterson closed the public hearing. Motion by Councilmember Kimble, seconded by Councilmember Junker to approve the request by Michael Lynskey, for construction of nine one-bedroom apartments at 108 So. Main St., subject to blueprint and final plan approval by the Building Inspector and Fire Chief to comply with the proper codes. (All in favor) Councilmember MacDonald stated he still has some concern with the parking issue. Councilmembel' Kimble stated he would encourage I'lr. Lynskey to pursue vigorously s~ type of a contractual agreement for parking with Washington Federal. 7. This is the day and time for the public hearing on Case No. 609, L"wis Buschman, 104 No. Everett St, request for an 8 ft. building separation variance for construction of a garage. Notice of the public hearing was published in the Stillwater Gazette on September 20, 1985. Mr. Buschman was present to explain he would like to expand his garage because it is too small. Dean Miller stated the Planning Commission voted to approve this request. Mayor Peterson closed the public hearing. Motion by Councilmember Junker, seconded by Councilmember MacDonald to approve the request of Lewis Buschman, 104 No. Everett St., for an 8 ft. building separation variance in order to construct a garage with an appropriate firewall to be included. (All in favor) 10 . City Council Minutes October 1, 1985 Recessed Meeting 8. This is the day and time for the public hearing on Case No. 610, Joseph Monheim, request for a Minor Subdivision of a lot at 1004 No. 4th St. in order to construct two single-family homes. Notice of the public hearing was published in the Stillwater Gazette on September 20, 1985. Mr. Monheim was present to explain his request. Mr. Zepper stated the lots were large enough for this request. The Planning Commission voted to approve this request. Mayor Peterson closed the public hearing. John Stillman, representing the neighbors, stated they were in favor of the request. Motion by Councilmember MacDonald, seconded by Councilmember Kimble to grant the resubdivision of the property at 1004 No. 4th St. in order to construct two single-family homes. (All in favor) 9. This is the day and time for the public hearing on Case No. 611, Joel Harvleux, 1339 So. 4th St., request for an 8 ft. building separation variance for construction of garage. . Notice of the public hearing was published in the Stillwater Gazette on September 20, 1985. Mr. Harvieux explained his hardship is a 100 year-old oak tree which he would not like to take down. His neighbor has no problem with the request. Dean Miller stated the Planning Commission voted to approve the request with the addition of a firewall. . Mayor Peterson closed the public hearing. Motion by Councilmember Junker, seconded by Councilmember MacDonald to grant approval of the 8 ft. building separation variance for the construction of a garage with the appropriate firewall. (All in favor) 10.This is the day and time for the public hearing on Federal Revenue Sharing. Notice of the public hearing was published in the Stillwater Gazette on September 18, 1985. Ms. Caruso presented the Revenue Sharing budget proposed for 1986. She proposed an amendment to the budget because the city will be required to have a revenue sharing audit in 1986, adding $3,000 making the total $10,725. This will be considered during the budget discussion and no action was taken. 11 . . . City Council Minutes October 1, 1985 Recessed Meeting PETITIONS, INDIVIDUALS OR DELEGATIONS (Continued) Petition to Vacate a portion of North Holcombe St. - Motion by Councilmember Junker, seconded by Councilmember MacDonald to set a public hearing date for November 5, 1985 for the vacation of a portion of No. Holcombe St. (All in favor) UNFINISHED BUSINESS Second readin of Ordinance No. 639 - Amendin the Cit Code in re ard to Specla Use Permlt an Varlance Fees - Motion by Councilmember Junker, seconded by Councilmember Kimble to have a second reading of Ordinance No. 639, "An Ordinance Amending Section 31.01 Subd. 24, Subsection 5 of the Stillwater City Code by Increasing the Fees that will be Charged to Applicants who Apply for Special Use Permits and Variances to $50.00". (All in favor) The Ordinance was read section by section, followed by roll call after each section and all members of the Council voted in the affirmative. The Chair then put the question, "Shall this Ordinance pass?" and on roll call the Ordinance was unanimously adopted. NEW BUSINESS 1. Directing Payment of Bills - Motion by Councilmember Junker, seconded by Councilmember MacDonald to adopt the appropriate resolutions Directing the Payment of Bills with the inclusion of $1,816.58 for the Stillwater Jaycees. (Resolution No. 7510 - Order Checks, and 7512 - Manual Check.) 2. Stillwater Post Office - Construction of Driveway - After some discussion, this item was referred to the Police Chief and Public Works. 3. Proposed change to Article VIII of Cable T.V. Joint Powers Agreement - Councilmember Bodlovick explained that the Commission is requesting permission to change the language in the Agreement regarding the voting quorum to state one member must be in attendance from each city. Motion by Councilmember Junker, seconded by Councilmember Bodlovick to the approve the change in the wording of the Joint and Cooperative Agreement for Cable T.V. to reflect that one representative from each city be present at the meeting to constitute a quorum for voting purposes. (All In favor) 12 . . . City Council Minutes October 1, 1985 Recessed Meeting COUNCIL REQUEST ITEMS - None STAFF REPORTS - City Attorney Magnuson stated the City was notified today it will be sued in connection with Mike McGuire's proposed restaurant. He advised them of the action that needs to be taken. ,Motion by Councilmember Junker, seconded by Councilmember MacDonald to follow City Attorney Magnuson's advice and support the prior decisions made in regard to Mike McGuire's proposed facility. (All in favor) Mr. Magnuson stated the city has received a letter from the Environmental Quality Council inquiring as to whether the city has followed the proper procedures in granting the permits, etc. to Mr. McGuire. Mr. Magnuson stated the city is exempt from an environmental worksheet because no further environmental action is required. Motion by Councilmember Junker, seconded by Councilmember Bodlovick to direct City Coordinator Kriesel to inform the Environmental Quality Council that the City is exempt from further action. (All in favor) Mr. Magnuson reported on the Notice and Acknowledgement of Service by Mail in regard to Bruce F. Filson and Joan A. Filson and Sterling Way Condominium. He stated the attorneys have been asked for a copy of a map locating this property and none has been receiv~d. Mr. Magnuson suggested tabling this Item until the next meeting. Finance Director Caruso explained the items that will discussed at the special meeting on Tuesday, October 8, 1985 at 5:30 P.M. The Council will also meet on Monday, October 7, 1985 at 6:00 P.M. APPLICATIONS Motion by Councilmember Junker, seconded by Councilmember MacDonald to approve the following Contractor's Licenses: (All in favor) CONTRACTORS Aleshire's Construction 4330 Bambi Lane White Bear Lake, MN 55110 Careful Painting 821 South Third Street Stillwater, MN 55082 Danlelle Properties 17501 Elmerest Avenue North General Contractor Renewal Painting Renewal General Contractor N~ 13 . City Council Minutes October 1, 1985 Recessed Meeting Hugo, Minnesota 55038 Design Homes of Minnesota P.O. Box 462 Waseca, Minnesota 56093 Christ Madsen Masonry Box 271A - Route #2 Hudson, Wisconsin 54016 Midwest Fence & Manufacturing Co. 525 E. Villaume Avenue South St. Paul, MN 55075 General N~ Masonry & Brick Work Renewal General & Fencing Ren~al Ritzer Excavating 556 Arch Street New Richmond, Wisconsin 54017 Ms. Caruso requested a first reading of the Sewer Ordinance. Excavators Renewal . Motion by Councilmember MacDonald, seconded by Councilmember Bodlovick to have a first reading of Ordinance No. 641, Amending Chap. 29, Subd. 2, Sewer Fee. (All in favor) Ms. Caruso informed Council that the interest rate charged on Improvement Project 189 and on sewer/water connection fees for Oak Glen are presently at 12% based upon the interest rate of the temporary bond issue used to fund these projects. The perraanent issue came in at 9.1%. She would like Council approval to adjust the assessment interest rate to 10% and establish a 10% interest rate for the sewer and water connection fees. Mr. Kriesel also recommended a policy where the city, will at the end of the calendar year, automatically increase the charges for interest accrued through the end of that year. The staff can then tell people the rate will be the same throughout the whole year. Motion by Councilmembel' Junker, seconded by Councilmember Kimble to reduce the interest rate on Improvement Project 189 and on sewer connection fees for Oak Glen to 10%; and to automatically adjust the charges for the accrued interest on the connection fees at the end of the calendar year. (All in favor) Council discussed the assessment policy briefly and Mr. Kriesel distributed a worksheet regarding the assessments. Mr. Kriesel suggested establishing a policy before ordering an improvement. Mr. Kimble referred to minutes of the Recreation Commission wherein they suggest sending a questionnaire to residents in regard to their issues. Mr. Kimble suggested that Council could answer these questions. Other . members felt this could go out with the January billing. They felt the 14 . . . City Council Minutes October 1, 1985 Recessed Meeting questionnaire regarding street construction, etc. should have precedence and the Recreation Commission should be informed of this. Mr. Kriesel stated Bob Bielenberg, Ice Arena Manager, would like to have authorization to hire four Zamboni operators, skate guards, and concession stand people. Motion by Councilmember Junker, seconded by Councilmember Bodlovick to adopt the appropriate resolution hiring the following for the Ice Arena at the stated compensation: (Resolution No. 7519) Zamboni Operators: Steven Finnegan Art Hayden John Wohlers Jerry Post $5.00/hour 5.00/hour 5.00/hour 4. 75/hour Skate Guard: $3.90/hour Gerald Post Concession Stand Attendants: Michelle Ritzer Kathy Molnar $3.75/hour 3.75/hour Ayes -- Councilmembers Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson. Nays -- None Councilmember MacDonald suggested that the hiring of Ice Arena people should be presented to the Recreation Commission first. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember MacDonald to adjourn the meeting at 11:10 P.M. (All in favor> Resolutions: No. 7510 - Directing Payment of Bills, Order Checks. No. 7512 - Directing Payment of Bills, Manual Checks. No. 7513 - Requesting Co. Auditor to Certify Assessed Value of Property within the Tax Increment Financing Redevelopment Dist. Modification. No. 7514 - Modifying a Tax Increment Financing Redevelopment Dist. and Adopting a Finance Plan for said Dist. Modification. 15 City Council Minutes October 1, 1985 Recessed Meeting No. 7515 - Modify a Development Dist. pursuant to State Statutes and Adopt a Modification to Development Dist. Plan. No. 7516 - Adopting Assessments for L. I. No. 218. No. 7517 - Adopting Assessments for L. I. No. 219-3. No. 7518 - Adopting Assessments for L. I. No. 226. No. 7519 - Approving Employment for Ice Arena Zamboni Operators, Skate Guard, and Concession People. ATTEST: lJ~ rlfJMl~ CITY CLERK . . 16 ( REGULAR MEETING STILLWATER CITY COUNCIL MINUTES October 1, 1985 4:30 P.M. The meeting was called to order by Mayor Peterson. Present: Councilmembers Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson. None Absent: Press: City Coordinator Kriesel City Attorney Magnuson Public Safety Director Mawhorter Finance Director Caruso Director of Parks & Recreation Blekum Building Official Zepper Fire Chief Chial Public Works Foreman Diethert City Clerk Johnson Emily Chapman, Stillwater Gazette Tom Farrell, Dennis Balyeat, Vi Russell, a Group of Senior Citizens from the Drop-in Center, Tom Kish. Also Present: Others: ( PETITIONS OF INDIVIDUALS OR DELEGATIONS 1. Motion by Councilmember Junker, seconded by Councilmember Bodlovick to schedule a public hearing for the November 5, 1985 Council Meeting in regard to the Single Family Mortgage Revenue Bond Program in Stillwater. (All in favor) 2. Tom Farrell - River Valle Lions re uest for lacement of docks at Lil La e & rewers on n ro xwoo . - om arrel an om K sh, representlng the River Valley Lions, explained that this group would like to float some docks on Lily Lake and Brewer's Pond for fishing docks for children. They further explained the DNR recommended that residents be notified about the project; picnic tables be added to Brewer's Pond locality; the docks should have railings, some trash cans provided, some signs posted on Northland and Nightingale stating that a children's fishing pond is located in the area, also some parking provided. Council discussion r 1 City Council Minutes r October 1, 1985 followed saying that a very small portion of Brewer's Pond is in the City of Stillwater, it is isolated and hard to service, upgrading the facilities at Brewer's Pond would make it more attractive as a hangout for teenager's, and some of the residents are concerned with people tramping across their yards. Council concurred that a dock should be put in at Lily Lake and delay the dock at Brewer's Pond. Motion by Councilmember Junker, seconded by Councilmember Kimble to approve the request of River Valley Lions to construct a children's fishing dock at Lily Lake and delay the construction of the dock at Brewer's Pond. (All in favor) 3. Vi Russell - Senior Citizen Center - Ms. Russell was at the meeting to present the budget of the Senior Citizen Center and request funds from Federal Revenue Sharing for 1986. Mayor Peterson stated the City would anticipate helping them in 1986, but does not know what will happen in 1987 and future years. Finance Director Caruso explained the Center received $7200 in 1985 and is suggesting that $7500 be allocated for their use in 1986. r Motion by Councilmember Junker, seconded by Councilmember Kimble to allocate $7500 for the Senior Citizen Center from Federal Revenue Sharing Funds for the year 1986. (All in favor) STAFF REPORTS: 1. Public Safety - Chief Mawhorter stated he had contacted Mrs. Boyle in regard to the stop sign in her neighborhood on South William Street and explained to her why the stop sign will not be placed as she requested. She said the school busses are not an issue, but the excessive speed of teenagers leaving the school. Chief Mawhorter informed Mrs. Boyle he would place an officer on that intersection when the students are leaving school and use strict enforcement. Officer Ulrich has submitted a report on the six-month activity recap where he has handled 505 cases and cleared 256 of these cases with 163 arrests. Officer Schreffler will be on leave for the month of October due to medical problems. Adjustments will be made with staff to cover this leave. 2. Public Works - Foreman Diethert presented quotes for a front-end plow, an underbody plow, and a sander. Mr. Diethert recommended purchasing the equipment from Cri-Steel. r 2 City Council Minutes ~ October 1, 1985 Motion by Councilmember MacDonald, seconded by Councilmember Bodlovick to purchase the Root Underbody Plow for $2,984.00; the Viking Front-End Snowplow for $5,125.00; and the Monroe Sand Spreader for $1,640.00 from Cri-Steel. (All in favor) r Mr. Diethert presented a request from Needham Distributing, located across the river from Stillwater, to grade the road adjacent to city property because it has washed out. City Attorney Magnuson explained that in Wisconsin the city has no responsibility to maintain the road, because the city is just a property owner. Council concurred that Needham be advised it is not city responsibility to maintain the road and they should contact the township or state highway department. Mr. Diethert reported there is a confusion regarding the street named "Old Stonebridge Trail". There is no sign on either end and the first part is named Sycamore Street. He suggested extending the name "Sycamore St." to the rest of the street. Council directed that residents on this street be notified of the name change. Mr. Diethert also reported there is the same kind of problem with Oakgren Ave. and suggested it be named Center St. to be in line with the Stillwater St. system. Also, 81st Street should be named St. Croix Ave. Fire Chief Chial advised these streets be named so as not to confuse the Fire Dept. Mr. Diethert reported that Mrs. Westcott, 918 So Harriet, is requesting a check valve for her basement because of sewer back-up. City Attorney Magnuson stated it is the city's problem if they are negligent, but otherwise it is the homeowner's problem. She Is having a problem with roots clogging her sewer pipe. Councilmember Junker suggested Mrs. Westcott be advised to put in a new cast iron line and then the city will install a check valve. Council concurred. Mr. Diethert reported the wall has collapsed at the Mike Adams residence again and has asked for city help. Council directed that Mr. Adams get an estimate on replacing the wall and then the City will decide what measures to take. 3. Finance Director - Ms. Caruso explained the background for use of unused proceeds from the $600,000 G.O. Improvement Bonds Series 1984 B for L.I. 219 and 226. Motion by Councilmember Junker, seconded by Councilmember MacDonald to adopt the appropriate resolution authorizing the use of unused proceeds from $600,000 G.O. Improvement Bonds Series 1984 B to fund Project No. 219 and Project No. 226. (Resolution No. 7511) r 3 City Council Minutes ~ October 1, 1985 Ayes -- Councilmembers Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson. Nays -- None r Ms. Caruso reminded Council of the special meeting set for October 8, 1985 for adopting the tax levy. Further, she explained there is approximately a $122,874 shortfall in the sewer fund and explained the options to remedy this. Council felt the sewer shortfall should be covered by rates because this is more equitable. After discussion of these options, Council tabled this item until a future special meeting meeting. Ms. Caruso asked for direction from Council in regard to the budget for the Library. She explained the options regarding this item. It was suggested that the increase in salaries be held at 4 percent. Council concurred that $251,000 be special levied for the Library. Mr. Kriesel informed Council that McGarry/Kearney Insurance Agency has been notified by Home Insurance Co. that they will be canceling the City's insurance effective January 1, 1986. Ms. Caruso stated the City will have to contact the League of Minnesota Cities for insurance and rates will rise substantially. Parks & Recreation - Mr. Blekum presented an application for a Peddler's License from Bill Klein representing Medley's Concessions to set up a trailer in Lowell Park to sell food items. After discussion, Council issued the following motion: Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to approve a Peddler's License for Bill Klein, d/b/a Medley's Concessions to operate a food concession trailer in Lowell Park on a blacktopped area, as approved by the Downtown Council, after payment of a $20.00 license for 2 days, Saturday, October 5 and Sunday, October 6, 1985. (All in favor) 4. Mr. Blekum stated that Scott Schell has finished his six months probation as Laborer and requested to promote him to Junior Parkskeeper. Mr. Kriesel explained there are some problems with the designation of Junior Parkskeeper. This item was tabled until the Recessed Meeting at 7:30 P.M. Mr. Blekum stated the playground equipment has been installed in Pioneer and Washington Parks. 5. Fire Chief - Chief Chial requested Council authorization to send two people to the Incident COI1I1Iand Course being held in Eveleth on. November g and 10. r 4 [ r r City Council Minutes October 1, 1985 Regular Meeting Motion by Councilmember Junker, seconded by Councilmember Kimble to authorize the attendance of two people at the Incident Command Course at Eveleth AVTI on November 9 and 10, 1985. (All in favor) ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Kimble to recess the meeting until 7:30 P.M. (All in favor) Resolutions: No. 7511 - Authorizing Use of Unused Proceeds from $600,000 G.O. Improvement Bonds Series 1984 B. ATTEST, ~~~ 5 r- RECESSED MEETING STILLWATER CITY COUNCIL MINUTES October 1, 1985 7:30 P.M. The Meeting was called to order by Mayor Peterson. The Invocation was given by City Clerk Johnson. Present: Councilmembers Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson. Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Caruso Public Safety Director Mawhorter Building Official Zepper Consulting Engineer Davis City Clerk Johnson Emily Chapman, Gazette Press: Others: Mr. & Mrs. W. LeCuyer, Terry Kane, Judy Olson, Tim Nolde, Kit Carlson, Walt Hartman, Darlene Liberty, Al Ranum, Dean Miller. r APPROVAL OF MINUTES Motion by Councilmember Junker, seconded by Councilmember Bodlovick, to approve the Minutes of the Regular Meeting of September 17, 1985 as presented. (All in favor). PUBLIC HEARINGS 1. This is the day and time for the public hearing on the Modification of Tax Increment Financing District. Notice of continuation of the Public Hearing was published in the Stillwater Gazette on September 18, 1985. Ms. Kit Carlson was present to explain the background on the plan and explain the modification of the original plan. She stated some parcels have been added and some removed. She requested the following three resolutions be approved: Motion by Councilmember Kimble, seconded by Councilmember Junker to adopt the appropriate resolution modifying a Tax Increment Financing Redevelopment District pursuant to Minnesota Statutes and adopting a finance plan for said modification. (Resolution No. 7514) r Ayes -- Councilmembers Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson 1 r City Council Minutes October 1, 1985 Recessed Meeting Nays -- None Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt the appropriate resolution requestin9 the County Auditor to certify the original assessed value of the property within the Tax Increment Financin9 Redevelopment District. (Resolution No. 7513) Ayes -- Councilmembers Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson. Nays -- None Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt the appropriate resolution to modify a Development District pursuant to Minnesota Statutes and adopt a modification to the Development District. (Resolution No. 7515) Ayes -- Councilmembers Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson. r Nays -- None. 2. This is the day and time for the public hearing on the proposed assessments for the following Local Improvements: Local Improvement No. 218 for the construction of watermains and services, sanitary sewer and services, storm sewer, street surfacing and other appurtenances. Notice of the hearing was published in the Stillwater Gazette on September 16, 1985 and copies were mailed to all property owners to be assessed. r Mr. Jeff Davis, of SEH, was present to explain the assessment district and the services installed. Mr. Davis stated that since the project is not completed yet, the costs are estimated. The 9rand total of expenditures is $430,690.32 and the total amount to be received is $448,713.87. Councilmember Kimble asked why there is disparity in these figures. Mr. Davis replied because the MSA funds that are available were increased since the initial phase of the project; and in discussions with City Staff it was understood that the properties would be assessed as originally planned. Mr. Kriesel stated there was a misunderstanding because it was not intended to have an excess amount of money. Council discussion followed. Mr. Kriesel recommended the storm sewer costs be reduced by $18,000. It was noted that two objections to the assessments were filed -- from Super Valu Stores and H.H. & T., represented by James F. Lammers, Attorney for the Plaintiff. City Attorney Magnuson explained the objection procedure. 2 r City Council Minutes October 1, 1985 Recessed Meeting Motion by Councilmember Bodlovick, seconded by Councilmember MacDonald to adopt the appropriate resolution authorizing the Assessment Roll for Local Improvement No. 218 with the reduction of the amount to be received by $18,023.55 to equal the total cost of the project, $430,690.32; and with an interest rate of 10% for 10 years. (Resolution No. 7516) Ayes -- Councilmembers Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson. Nays -- None Local Im~rovement No. 219 for the construction of street surfacing (overlay. Notice of the hearing was published in the Stillwater Gazette on September 16, 1985 and copies were mailed to all property owners to be assessed. r Local Im~rovement No. 219-1 - Mr. Davis explained how this assessment roll was deve oped. The total of expenditures and financing was $55,119.37. Mr. Davis stated that after the improvement hearing it was determined that the method of final assessment will be determined at the assessment hearing. He then discussed the recommendations made for assessing the improvements by the Consulting Engineers. Council discussion followed. Ray Dombrowe, 2337 Croixwood Blvd., stated it was decided to funnel all the truck construction traffic across Croixwood so as to not Inconvenience any existing approaches. There was extensive truck traffic. Gerald Klessig, 519 Edgewood, stated he bought his house in August, 1985 and was not aware any assessments were pending. City Attorney Magnuson informed the audience that the decision with regard to the formula and the amount to be assessed is made at this evening's meeting and any indications that were given at the improvement hearing are not binding on the Council. Steve Palmer, 2807 Woodridge, asked if the amount assessed to each property owner is 100% of the assessment. The reply was, yes. He stated he never received notice of the improvement hearing that was held last year. Mr. Kriesel stated that over 250 notices were sent out, but it is possible that some could be missed. Betty Nelson, 2651 Fairlawn Dr., stated that Croixwood is still being used as a by-pass for County Rd. 5 all the way to Co. 12, because several construction trucks go through every day. She doesn't think they should be taxed for this. r Becky Rydell, Croixwood Blvd., would like to know if this is the normal procedure for a project. She called last summer and no one could tell her 3 r City Council Minutes October 1, 1985 Recessed Meeting the amount and the street was already done. Council explained the improvement and assessment procedures. A man asked if the State and County operate in this manner also. He doesn't believe the costs should be incurred by only the people living on that street. He stated there is a Minnesota law that says a municipality cannot levy any improvement that will not increase the value of the property to that certain amount. He doesn't believe the street has improved his property by that amount. City Attorney Magnuson replied to this question. Debbie Kohl, 2713 Croixwood Blvd., asked why Croixwood as a whole was not assessed since Croixwood Blvd. is the only way into the area. Councilmember Kimble stated that is why Council did discuss a different method of assessment. He also stated there are some benefits to being on a feeder street such as being plowed out first. Terry Chial, 2423, Croixwood Blvd., was at the improvement hearing and the discussion centered on doing only the bad parts of the street. He asked if there was an escrow account to use if the street did not last twenty years. It was stated this does not exist. r Betty Nelson asked if Orrin Thompson put in the street or if the city did and the reply was, the city. She asked if Thompson could be made to pay for the street. Mayor Peterson closed the public hearing. Councilmember Kimble suggested delaying the decision on this project until Council can review figures from last year. Mr. Kriesel stated the assessment roll should be adopted by October 10, 1985. Motion by Councilmember Junker that the city participate by paying 25% of the assessment costs for L. I. 219-1. Mr. Junker stated the reasons for his motion are that the soils in the Croixwood area are not good and there is a great deal of truck traffic. Mayor Peterson called for a second three times and the motion failed for lack of a second. Motion by Councilmember Kimble, seconded by Councilmember MacDonald that the decision regarding the final assessment roll for L.I. 219-1 be delayed until a special meeting at 5:30 P.M. on October 8, 1985 in order to look at the Consulting Engineer's figures and recommendations for the proper percentage of city involvement due to the special circumstances of this case. (All in favor). Short, Elliott, Hendrickson Consulting Engineers are directed to present the figures in regard to L.I. 219-1. r 4 r City Council Minutes October 1, 1985 Recessed Meeting r Councilmember Kimble stated that if any of the residents have questions regarding the procedures involved in improvement hearings and assessments procedures, he would be available by telephone. Mayor Peterson stated that the State and County have gasoline taxes, etc. which help pay for highway and street construction, whereas the City only has property taxes to help pay for these projects. A man asked if the city has someone to inspect the work on the streets after completion of the project, especially on Marine Circle. He stated the blacktop was broken up this spring and especially after the Cable T.Y. company completed their work. Local Improvement No. 219-2 - Mr. Davis explained the background on this project. The costs are $3,521.37 and five property owners are involved. Don Teed, 3026 Marine Circle, asked how property owners are assessed on a circle, stating he was assessed for 80 ft. He also asked about the quality of the work and stated that trucks, and Cable T.V. have been digging up the surface of the street. He is opposed to being assessed for the street and then having it torn up before it is paid for. Mr. Davis explained the assessment procedure for the circle. It was stated that the Cable T.Y. Co. is supposed to repair any street they dig up. Mayor Peterson closed the public hearing. Council and Staff discussed this case and Mr. Davis will Include some information on cost sharing for the meeting on October 8. Motion by Councilmember Kimble, seconded by Councilmember Junker that the final figures for L. I. 219-2 be delayed until the special meeting on October 8, 1985. (All in favor) Council recessed and reconvened at 8:48 P.M. r Local Improvement No. 219-3 - Mr. Davis presented the costs and assessments for this project and the area involved. The expenditures and amount to be assessed are $18,565.25. Property owners are assessed 100%. Mayor Peterson stated the Council has received one written notice of objection regarding this project. Lyle Eckberg, 715 W. Orleans St., stated Orleans has heavy traffic on it and the last three years school buses have been using this street and contributed to the deterioration. He does not believe people living on this street be penalized and suggested that the School District should pick up 75% of this assessment. 5 r City Coun~il Minutes October 1, 1985 Recessed Meeting r City Attorney Magnuson stated the formula adopted by Council is tested in court differently than is the increase in market valuation and could be overturned as arbitrary and capricious. Mr. Davis stated the schools have been assessed based on their footage, not on use. Mayor Peterson closed the public hearing. Council discussed an alternative basis for assessments on this case, and if there is any information for assessing a user due to the damage to a street. Motion by Councilmember Junker, seconded by Councilmember Bodlovick to adopt the appropriate resolution to approve the assessment roll for L.I. 219-3 as presented, with an interest rate of 10% for 10 years. (Resolution No. 7517) Ayes - Councilmembers Bodlovick, Junker, and Mayor Peterson. Nays - Councilmembers Kimble and MacDonald. Local Improvement No. 226 - for the construction of watermains and services, sanitary sewer and services, storm sewer, street surfacing and other appurtenances. Notice of the hearing was published in the Stillwater Gazette on September 16, 1985 and copies were mailed to all property owners proposed to be assessed. Mr. Davis presented the information on this project. The costs amount to $70,448.70 and will be assessed 100%. Mr. and Mrs. William LeCuyer will be assessed for all the lots. The LeCuyer's stated they are happy with the work that has been done. Mayor Peterson closed the public hearing. Motion by Councilmember Junker, seconded by Councilmember MacDonald to adopt the appropriate resolution approving the assessment roll for L.I. 226 with an interest rate of 10% for 10 years; with the appropriate correction made to the lot and block numbers. (Resolution No. 7518) Ayes -- Councilmembers Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson. Nays -- None 3. This is the day and time for the public hearing on Case No. 603, Stillwater Yacht Club, 422 E. Mulberry St., request for Conditional Use Permit for storage building and Variance to build a deck on the building with substandard setback. r Notice of the public hearing was published in the Stillwater Gazette on September 20, 1985. 6 r City Council Minutes October 1, 1985 Recessed Meeting Mr. Doug Clint, representing the Yacht Club, was present and explained the proposal. He stated the new building would be erected on the site of the present storage building which would be torn down and would be set back 100 ft. from the river. The deck would be used for the Yacht Club. Molly Comeau, from the DNR, was present to explain their regulations in regard to this project. There would be no public use for the yacht club and deck on the building. Steve Johnson was also present, representing the Boundary Waters Commission. Ms. Comeau stated they need to demonstrate hardship in order to construct the deck. Mr. Clint stated there is a hardship because the deck cannot be constructed on the north side of the building as it would extend over railroad property. On the east side, it would impact the river and the only functional place would be the north side. r City Attorney Magnuson stated that it should be demonstrated that no increased flooding would occur, no additional threat to public safety, no public expense being created, nor cause a nuisance; and this plan should follow the floodplain ordinance. Mr. Johnson presented some requirements -- that the building be an earthtone color, and that it not be roofed or enclosed. He Inquired how the building would be used for storage of boats. He is concerned about the building being used as an in and out storage building which could create much more traffic on the river. Mr. Johnson emphasized he would like adequate copies of plans thirty days before a public hearing and a notice of the hearing twenty days before the meeting. He said at a later date they would have some concerns as to the number of boat slips. He has a question as to the status of the facility with respect to the Stillwater zoning ordinance. City Attorney Magnuson answered Mr. Johnson's question, and discussion followed. City Attorney Magnuson suggested the zoning ordinance be changed to make the lines fall where they should. Motion by Councilmember Junker, seconded by Councilmember MacDonald to have a first reading of Ordinance No. 640 amending Chapter 31.03, Subdivision 3, the Shore land and Bluffland Ordinance. (All in favor) Dean Miller, Planning Commission, stated this group felt a hardship was demonstrated as to the location of the deck and the Planning Commission approved the request. Ms. Comeau stated flood proofing regulations need to be followed. Mr. Johnson would like a better understanding of how the storage building will be used. A lady asked if there would be more congestion on the river with the in/out boat storage building than if 50 people brought in boats on trailers behind cars. r Mayor Peterson closed the public hearing. 7 r r ~ City Council Minutes October 1, 1985 Recessed Meeting Motion by Councilmember Junker, seconded by Councilmember Bodlovick to approve the Conditional Use Permit for the construction of a storage building for the Stillwater Yacht Club, 422 E. Mulberry St.; and City Attorney Magnuson to prepare the findings for this case. (All in favor) Motion by Councilmember Junker, seconded by Councilmember Bodlovick to grant a Variance to build a deck on the storage building with a substandard setback. (All in favor) 4. This is the day and time for the public hearing on Case No. 606, Don Nolde, 332 W. Laurel St., request for 574 sq. ft. lot size variance to construct a single-family home. Notice of the public hearing was published in the Stillwater Gazette on September 20, 1985. Tim Nolde, was present to explain they would like to build a single-family home on the lot since Council refused them permission to build a duplex on the lot. Dean Miller of the Planning Commission stated that body voted to approve the request. Mayor Peterson closed the public hearing. Motion by Councilmember Bodlovick, seconded by Councilmember Junker to approve the request of Don and Tim Nolde for the property at 332 W. Laurel St., for a 574 sq. ft. lot size variance in order to construct a single-family home. (All in favor) 5. This is the day and time for the public hearing on Case No. 607, Darlene Liberty, 210 N. Martha St., request for variance in order to construct garage close to side lot line. Notice of the public hearing was published in the Stillwater Gazette on September 20, 1985. Ms. Liberty and Mr. Zepper, Building Official, explained the request and stated that a survey of the property had been done. The Planning Commission recommended that Ms. Liberty move the garage two ft. to the south toward the concrete slab so she will be on her own property. Mr. Zepper stated the setback off the rear line will be three ft. and two ft. off the sideyard. Terry Kane, 218 N. Martha, stated ten letters had been submitted from neighbors asking the City Council to enforce the setback ordinance. In addition, in submitted another letter from Gale Yocum, Rice St., who also agrees with the ten neighbors. Mr. Kane also spoke of concern for the silver maple tree which has been evaluated by a tree service and which may be harmed if the garage is built. 8 City Council Minutes r-' October 1, 1985 Recessed Meeting Ms. Liberty also submitted a letter regarding the tree and that it would not be harmed. City Attorney Magnuson stated the concern for the tree is not a strong legal basis for denying the variance. Judy Olson, 218 N. Martha St., stated there should be a five ft. setback at the sideyard. Mayor Peterson closed the public hearing. Motion by Councilmember Junker, seconded by Councilmember Bodlovick to grant a variance for a three-ft. sideyard setback and a three-ft. backyard setback, thus shortening the width of the garage by one ft. to 14.9 ft. (Ayes - 4; Nays 1 - Councilmember MacDonald voted Nay) Albert Holtz, a friend of Ms. Liberty, stated that if the garage is set 3 ft. from the side property line, the driveway would have to be constructed with a jog to get into the garage. Ms. Olson, a neighbor, stated she believes there is room to do this. r Mr. Holtz asked if Ms. Liberty has the option to repair the existing garage. Council stated she does if the cost is not more than 50% of the value of the existing garage. Councilmember MacDonald is uncomfortable with the motion because Ms. Liberty is trying to improve her property and in a way she is being penalized. Councilmember Kimble asked the City Attorney if the Council can arbitrarily change the request and make a motion that the variance be 3 ft. instead of 2 ft. and if it is not the duty of the Council to approve or deny the request as it stands. City Attorney Magnuson stated this application is different in that Ms. Liberty has asked Council what they will allow her to do. Mr. Zepper stated the conditions under which she could repair the garage. Mr. Kane stated that a three ft. setback is an acceptable compromise. Mayor Peterson declared a break and Council reconvened at 10:10 P.M. 6. This is the day and time for the public hearing on Case No. 608, Michael Lynskey, 108 So. Main St., request for Special Use Permit to build residential units in a commercial district. r Notice of the public hearing was publiShed in the Stillwater Gazette on September 20, 1985. Mr. Lynskey explained he would like to construct nine one-bedroom apartments at 108 So. Main St. over Tommy's Cafe and the Senior Citizens Drop-In Center. 9 (" City Council Minutes October 1, 1985 Recessed Meeting Mr. Zepper stated there will be some reV1Slons to the plan requested by Fire Chief Chial. Mr. Chial stated the exists are too close together. Mr. Lynskey stated the building will be sprinkled. He was originally going to put in an elevator, but changed his plans because he would have to charge too much rent. The apartments will not be exclusively for senior citizens. r Mayor Peterson has a concern regarding parking in the downtown area. Mr. Lynskey stated 5 or 6 cars can be parked in back of the building and there is a city lot near the proposed apartments. Discussion followed regarding this issue. Dean Miller stated the Planning Commission voted to approve this request, but had the same reservations regarding parking. Mayor Peterson closed the public hearing. Motion by Councilmember Kimble, seconded by Councilmember Junker to approve the request by Michael Lynskey, for construction of nine one-bedroom apartments at 108 So. Main St., subject to blueprint and final plan approval by the Building Inspector and Fire Chief to comply with the proper codes. (All in favor) Councilmember MacDonald stated he still has some concern with the parking issue. Councilmember Kimble stated he would encourage Mr. Lynskey to pursue vigorously some type of a contractual agreement for parking with Washington Federal. 7. This is the day and time for the public hearing on Case No. 609, Lewis Buschman, 104 No. Everett St, request for an 8 ft. building separation variance for construction of a garage. Notice of the public hearing was published in the Stillwater Gazette on September 20, 1985. Mr. Buschman was present to explain he would like to expand his garage because it is too small. Dean Miller stated the Planning Commission voted to approve this request. Mayor Peterson closed the public hearing. Motion by Councilmember Junker, seconded by Councilmember MacDonald to approve the request of Lewis Buschman, 104 No. Everett St., for an 8 ft. building separation variance in order to construct a garage with an appropriate firewall to be included. (All in favor) r 10 (' City Council Minutes October 1, 1985 Recessed Meeting 8. This is the day and time for the public hearing on Case No. 610, Joseph Monheim, request for a Minor Subdivision of a lot at 1004 No. 4th St. in order to construct two single-family homes. r Notice of the public hearing was published in the Stillwater Gazette on September 20, 1985. Mr. Monheim was present to explain his request. Mr. Zepper stated the lots were large enough for this request. The Planning Commission voted to approve this request. Mayor Peterson closed the public hearing. John Stillman, representing the neighbors, stated they were in favor of the request. Motion by Councilmember MacDonald, seconded by Councilmember Kimble to grant the resubdivision of the property at 1004 No. 4th St. in order to construct two single-family homes. (All in favor) 9. This is the day and time for the public hearing on Case No. 611, Joel Harvieux, 1339 So. 4th St., request for an 8 ft. building separation variance for construction of garage. Notice of the public hearing was published in the Stillwater Gazette on September 20, 1985. Mr. Harvieux explained his hardship is a 100 year-old oak tree which he would not like to take down. His neighbor has no problem with the request. Dean Miller stated the Planning Commission voted to approve the request with the addition of a firewall. Mayor Peterson closed the public hearing. Motion by Councilmember Junker, seconded by Councilmember MacDonald to grant approval of the 8 ft. building separation variance for the construction of a garage with the appropriate firewall. (All in favor) 10.This is the day and time for the public hearing on Federal Revenue Sharing. Notice of the public hearing was published in the Stillwater Gazette on September 18, 1985. Ms. Caruso presented the Revenue Sharing budget proposed for 1986. She proposed an amendment to the budget because the city will be required to have a revenue sharing audit in 1986, adding $3,000 making the total $10,725. This will be considered during the budget discussion and no (', action was taken. 11 r , City Council Minutes October 1, 1985 Recessed Meeting PETITIONS, INDIVIDUALS OR DELEGATIONS (Continued) Petition to Vacate a portion of North Holcombe St. - Motion by Councilmember Junker, seconded by Councilmember MacDonald to set a public hearing date for November 5, 1985 for the vacation of a portion of No. Holcombe St. (All in favor) UNFINISHED BUSINESS Second reading of Ordinance No. 639 - Amending the City Code in regard to Special Use Permit and Variance Fees - Motion by Councilmember Junker, seconded by Councilmember Kimble to have a second reading of Ordinance No. 639, "An Ordinance Amending Section 31.01 Subd. 24, Subsection 5 of the Stillwater City Code by Increasing the Fees that will be Charged to Applicants who Apply for Special Use Permits and Variances to $50.00". (All in favor) r The Ordinance was read section by section, followed by roll call after each section and all members of the Council voted in the affirmative. The Chair then put the question, "Shall this Ordinance pass?" and on roll call the Ordinance was unanimously adopted. NEW BUSINESS 1. Directing Payment of Bills - Motion by Councilmember Junker, seconded by Councilmember MacDonald to adopt the appropriate resolutions Directing the Payment of Bills with the inclusion of $1,816.58 for the Stillwater Jaycees. (Resolution No. 7510 - Order Checks, and 7512 - Manual Checks) 2. Stillwater Post Office - Construction of Driveway - After some discussion, this item was referred to the Police Chief and Public Works. 3. Proposed change to Article VIII of Cable T.V. Joint Powers Agreement - Councilmember Bodlovick explained that the Commission is requesting permission to change the language in the Agreement regarding the voting quorum to state one member must be in attendance from each city. r Motion by Councilmember Junker, seconded by Councilmember Bodlovick to the approve the change in the wording of the Joint and Cooperative Agreement for Cable T.V. to reflect that one representative from each city be present at the meeting to constitute a quorum for voting purposes. (All in favor) 12 r City Council Minutes October 1, 1985 Recessed Meeting COUNCIL REQUEST ITEMS - None STAFF REPORTS - City Attorney Magnuson stated the City was notified today it will be sued in connection with Mike McGuire's proposed restaurant. He advised them of the action that needs to be taken. .Motion by Councilmember Junker, seconded by Councilmember MacDonald to follow City Attorney Magnuson's advice and support the prior decisions made in regard to Mike McGuire's proposed facility. (All in favor) Mr. Magnuson stated the city has received a letter from the Environmental Quality Council inquiring as to whether the city has followed the proper procedures in granting the permits, etc. to Mr. McGuire. Mr. Magnuson stated the city is exempt from an environmental worksheet because no further environmental action is required. Motion by Councilmember Junker, seconded by Councilmember Bodlovick to direct City Coordinator Kriesel to inform the Environmental Quality Council that the City is exempt from further action. (All in favor) r Mr. Magnuson reported on the Notice and Acknowledgement of Service by Mail in regard to Bruce F. Filson and Joan A. Filson and Sterling Way Condominium. He stated the attorneys have been asked for a copy of a map locating this property and none has been received. Mr. Magnuson suggested tabling this item until the next meeting. Finance Director Caruso explained the items that will discussed at the special meeting on Tuesday, October 8, 1985 at 5:30 P.M. The Council will also meet on Monday, October 7, 1985 at 6:00 P.M. APPLICATIONS Motion by Councilmember Junker, seconded by Councilmember MacDonald to approve the following Contractor's Licenses: (All in favor) CONTRACTORS Aleshire's Construction 4330 Bambi Lane White Bear Lake, MN 55110 Careful Painting 821 South Third Street Stillwater, MN 55082 General Contractor Renewal Painting Renewal r Danielle Properties 17501 Elmerest Avenue North General Contractor New 13 r City Council Minutes October 1, 1985 Recessed Meeting Hugo, Minnesota 55038 Design Homes of Minnesota P.O. Box 462 Waseca, Minnesota 56093 Christ Madsen Masonry Box 271A - Route #2 Hudson, Wisconsin 54016 General New Masonry & Brick Work Renewal Midwest Fence & Manufacturing Co. 525 E. Villaume Avenue South St. Paul, MN 55075 General & Fencing Renewa 1 Ritzer Excavating 556 Arch Street New Richmond, Wisconsin 54017 Ms. Caruso requested a first reading of the Sewer Ordinance. Excavators Renewa 1 r Motion by Councilmember MacDonald, seconded by Councilmember Bodlovick to have a first reading of Ordinance No. 641, Amending Chap. 29, Subd. 2, Sewer Fee. (All in favor) Ms. Caruso informed Council that the interest rate charged on Improvement Project 189 and on sewer/water connection fees for Oak Glen are presently at 121 based upon the interest rate of the temporary bond issue used to fund these projects. The permanent issue came in at 9.11. She would like Council approval to adjust the assessment interest rate to 101 and establish a 101 interest rate for the sewer and water connection fees. Mr. Kriesel also recommended a policy where the city, will at the end of the calendar year, automatically increase the charges for interest accrued through the end of that year. The staff can then tell people the rate will be the same throughout the whole year. Motion by Councilmember Junker, seconded by Councilmember Kimble to reduce the interest rate on Improvement Project 189 and on sewer connection fees for Oak Glen to 101; and to automatically adjust the charges for the accrued interest on the connection fees at the end of the calendar year. (All in favor) Council discussed the assessment policy briefly and Mr. Kriesel distributed a worksheet regarding the assessments. Mr. Kriesel suggested establishing a policy before ordering an improvement. Mr. Kimble referred to minutes of the Recreation Commission wherein they suggest sending a questionnaire to residents in regard to their issues. Mr. Kimble suggested that Council could answer these questions. Other r members felt this could go out with the January billing. They felt the 14 r City Council Minutes October 1, 1985 Recessed Meeting questionnaire regarding street construction, etc. should have precedence and the Recreation Commission should be informed of this. Mr. Kriesel stated Bob Bielenberg, Ice Arena Manager, would like to have authorization to hire four Zamboni operators, skate guards, and concession stand people. Motion by Councilmember Junker, seconded by Councilmember Bodlovick to adopt the appropriate resolution hiring the following for the Ice Arena at the stated compensation: (Resolution No. 7519) Zamboni Operators: Steven Finnegan Art Hayden John Wohlers Jerry Pos t $5.00/hour 5.00/hour 5.00/hour 4.75/hour Skate Guard: Gera 1 d Post $3.90/hour r Concession Stand Attendants: Michelle Ritzer Kathy Molnar $3.75/hour 3.75/hour Ayes -- Councilmembers Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson. Nays -- None Councilmember MacDonald suggested that the hiring of Ice Arena people should be presented to the Recreation Commission first. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember MacDonald to adjourn the meeting at 11:10 P.M. (All in favor) Resol utions: No. 7510 - Directin9 Payment of Bills, Order Checks. No. 7512 - Directing Payment of Bills, Manual Checks. No. 7513 - Requesting Co. Auditor to Certify Assessed Value of Property within the Tax Increment Financing Redevelopment Dist. Modification. No. 7514 - Modifying a Tax Increment Financing Redevelopment Dist. and Adopting a Finance Plan for said Dist. Modification. r 15 r r r City Council Minutes October 1, 1985 Recessed Meeting No. 7515 - Modify a Development Dist. pursuant to State Statutes and Adopt a Modification to Development Dist. Plan. No. 7516 - Adopting Assessments for L. I. No. 218. No. 7517 - Adopting Assessments for L. 1. No. 219-3. No. 7518 - Adopting Assessments for L. 1. No. 226. No. 7519 - Approving Employment for Ice Arena Zamboni Operators, Skate Guard, and Concession People. ATTEST, Jj>-U7 d~~ CITY CLERK 16