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HomeMy WebLinkAbout1987-11-03 CC MIN . .. . AGE NOA STILLWATER CITY COUNCIL NOVEMBER 3, 1987 Regular Meeting Recessed Meeting 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA PET~TIONS OF INDIVIDUALS OR DELEGATIONS STAFF RE PORTS 1. FInance Director 4. Comm. Dev. Director 7. Fire Chief 2. Public Safety 5. Parks & Recreation 8. City Attorney 3. Public Works Dir. 6. Consulting Engineer 9. City Clerk 10. City Coordinator 7:00 P.M. AGENDA CALL TO ORDER INVOCATION ROLL CALL APPROVAL OF MINUTES - October 13, 1987, Special Meeting. October 20, 1987, Workshop & Regular Meetings. PETITIONS, INDIVIDUALS AND DELEGATIONS 1. MIke Pohlena - StIllwater Jaycees Ballfield. PUBLIC HEARINGS 1. ThIS IS the day and time for the Public Hearing on the proposed modification of the City's Tax Increment Financing Plan for TIF Dist. No. 1 located in Development District No.1. Notice of the hearing was published in the Stillwater Gazette on October 19, 198? 2. This is the day and time for the Public Hearing on a Variance request for installatioin of an in-ground swimming pool in the side yard, 2675 Interlachen Ct., RA Single Family Residential Dist., Richard M. Minday, Applicant, Case No. V/87-42. Notice of the hearing was published in the Stillwater Gazette on October 23, 1987 and copies were mailed to the affected property owners. 3. This is the day and time for the Public Hearing on a Special Use Permit request for a new sign program for the Davian Bldg., 110 So.Greeley St., Residential Duplex R-B Dist., Judd E. Orff, Applicant. Case No.SUP/87-48. Notice of the hearing was published In the Stillwater Gazette on October 23, 1987 and copies were mailed to affected property owners. 4. This is the day and time for the Public Hearing on a Variance and Special Use Permit request to convert a single family residence to a duplex, 116 So.Sixth St., in the Multi-Family Residential RCM & Duplex Residential RB Dist., Wayne Stephenson, Applicant. Case No. V/SUP/87-49. Notice of the hearing was published in the Stillwater Gazette on October 23, 1987 and copies were mailed to affected property owners. 1 ~ .. ~ UNFINISHED BUSINESS 1. Repass Ordinance No. 658 (Annexation of Anez-Tuenge property) ~ 2. Development Contract - Relocation of Old Bayport Railroad Depot. 3. Appeal of Special Assessments - a. Majeski Property. b. Rosemary Jensen. 4. Washington Square of Stillwater - Consideration of project amendment & Development Agreement (continuation). 4 NEW BUSINESS 1. Interstate Bridge - National Register Nomination. 2. Request for modification of site plan for office and storage buildings at 1749 So. Greeley St., John Ogren, Applicant. 3. Claim Against the City for scratched car - Diane Swenson. 4. Application for Waiver of Garbage & Rubbish Collection Charge - Code No. 13-230. CONSENT AGENDA 1. DirectIng Payment of Bills (Resolution No. 7831). 2. Applications (List to be supplied at Meeting). SPECIAL ORDER OF BUS!NESS COUNCIL REQUEST ITEMS COMMUNICATIONS/REQUESTS QUESTIONS/COMMENTS FROM NEWS MEDIA ADJOURNMENT . . . . STILLWATER CITY COUNCIL MINUTES November 3, 1987 4:30 P.M. REGULAR MEETING The Meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Caruso Public Safety Director Mawhorter Comm.Dev. Director Russell Public Works Director Junker Consulting Engineer Moore Consulting Engineer Davis City Clerk Johnson Lee Ostrom, Stillwater Gazette Julie Kink, St. Croix Valley Press None Press: Others: PETITION OF INDIVIDUALS OR DELEGATIONS: STAFF REPORTS None 1. Fintnce Director _ Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to adopt the appropriate resolution, Adoptin~ the Tax Levy for the Year 1988. (Resolution No. 7832) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None Motion by Councllmember BOdlovick, seconded by Cour.cllmember Farrell to adopt the appropriate resolution, Changing Certain Mandatory Levies for the Year 1988. (Resolution No. 7833) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim ar.d Mayor Abrahamson. Nays - None Motion by Councilmember Farrell, seconded by Councilmember Opheim to adopt the appropriate resolution, Adopting the Amended Budget for 1988. (Resolution No. 7834) 1 . Stillwater City Council Minutes Regular Meeting November 3, 1987 Ayes - Councilmember~ Bodlovick, Farrell, Kimble, Ophei,' and Mayor Abrahamson. Nays - None Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to adopt the appropriate resolution, Entering into a Joint Powers Agreement as it relates to participation in certain investment programs with the Minnesota Municipal Money Market Fund, (4M Fund) contingent on a review by the City Attorney. (Resolution No. 7835) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays None. 2. Public Safety Director - Motion by Councilmember Farrell, seconded by Councilmember Kimble to approve the purchase of a copy machine for the Police Dept. at a cost of $3,500. (All in favor.) . 3. Public Works Director Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to approve the installation of a street light on Green Meadows Ct. near Hillside Lane. (All in favor) Motion by Councilmember Farrell, seconded by Councilmember Kimble to authorize attendance of the Public Works Director and Foreman at a seminar on employee relations on November 20, 1987 at a cost of $50.00 per person. (All in favor) After a discussion of the parking problems at Northwestern and Industrial Blvd., it was decided that the Public Works Director and Police Chief will review the problem to see if the area warrants "No Parking" signing. 4. Community Development Director _ Discussion followed regarding a letter received from Robert Scott HOldings regarding a reduction in their $2,000,000 Letter of Credit due to completion of some public improvements. The Consulting Engineers will review the costs associated with the project. Council also briefly discussed a letter received from Washington County regarding using TIF monies to upgrade County Road 5. Council was reluctant to use these funds for this purpose because this Is a county road, the county has known for some length of time that development is happening at this site and the road will need to be upgraded, they take . 2 . . . Stillwater City Council Minutes Regular Meeting November 3, 1987 care of county roads in other municipalities, and the funds are earmarked for other purposes. 5. Consulting Engineers - Mr. Moore initiated a discussion of the deterioration of the Levee, stating he has checked with the Corps of Engineers, who claim no responsibility for the problem. The Port Authority is reviewing other types of funding for this. Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to authorize Short-Elliott-Hendrickson, Inc. to studY the deterioration of the levee and present estimates for repair. (All in favor) Mr. Davis presented the plans and specs for the Woodland Lakes project and requested authorization from Council to accept bids. Council discussion included their reluctance to do so because the $2,000,000 Letter of Credit has not been received and the request for reduction of the Letter of Credit by Robert Scott Holdings, Inc.. Motion by Councilmember Kimble, seconded by Councilmember Opheim to accept the plans and specs with a modified bid date for Woodland Lakes Mall, after comparison of costs and assurance has been made that they have fulfilled the conditions of the Development Agreement. (Ayes - 3; Nays - 2, Councllmember Bodlovick and Mayor Abrahamson) Motion by Councilmember Opheim, seconded by Councilmember Farrell directing Staff to inform Robert Scott Holdings of the above action and that the City will not proceed until a status update is received on the conditions of the Development Agreement and the feaSibility of the project. (All in favor) Motion by Councilmember BOdlovick, seconded by Councilmember Farrell to approve Change Order No.1, for Cottages of Stillwater, Phase II. (All in favor) Mr. Davis presented plans and specs for the outlet structure for Basin 3 in the East Industrial Park Drainage Study. He stated Press On is anxious to see this constructed. Mr. Magnuson addressed some of the problems involved, that being, that the developers will need to dedicate an easement, a foreclosure on some of the property, and a condemnation action may be involved, with an increase in costs. Mr. Davis will contact the representative from Press On to work out logistics with the City Coordinator. 6. Fire Chief - 3 . . . Stillwater City Council Minutes Regular Meeting November 3, 1987 Motion by Councilmember Kimble, seconded by Councilmember Opheim to adopt the appropriate resolution, Promoting Larry Viers to Firefighter Engineer. (Resolution No. 7836) Ayes - Councilmembers BOdlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None A brief discussion arose regarding the passing out of leaflets at River Heights Plaza advising citizens not to eat at "Bonanza" because of non-union labor. The City Attorney advised the Police Dept. not to enter into this unless the leaflet distributors are abusive. The request for funds for the Jaycees Ballfield and the opposition to lighting by the residents was briefly discussed. RECESS Motion by Councilmember Kimble, seconded by Councilmember Opheim to recess the meeting at 6:00 P.M. (All in favor) Resolutions: No. 7832 - Approving Tax Levy for 1988. No. 7833 - Changing Certain Mandatory Levies. No. 7834 - Adopting Amended Budget for 1988. No. 7835 - Approving Joint Powers with LMM as part of "4M Fund". No. 7836 - Promotion of Larry Viers to Fire-Fighter Engineer. ATTEST: JJtdf ~ MAYOR ~I~tr~ 4 . . . RECESSED MEETING STILLWATER CITY COUNCIL MINUTES November 3, 1987 7:00 P.M. The Meeting was called to order by Mayor Abrahamson. The Invocation was given by City Clerk Johnson. Present: Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Comm. Oev. Director Russell Finance Director Caruso City Clerk Johnson Consulting Engineer Moore Plan. Comm. Vice-Chair. Valsvick Press: Lee Ostrom, Stillwater Gazette Julie Kink, St. Croix Valley Press Judd Orff, Mike Pohlena, Kit Carlson, Arlen Waelti, ~ick Kilty, Howard Jiran, Dave Swanson, Bob DeSt.Aubin, Art Palmer, Loren Knott, Wayne Vacillus, Maury Stenerson, Richard Minday, Wayne Stephenson, Muriel Hassis, Dan Nelson. Others: APPROVAL OF MINUTES Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to approve the minutes of October 13, 1987 Special Meeting and October 20, 1987 WorkshOp and Regular Meetings as presented. (All in favor) PETITION OF INDIVIDUALS AND DELEGATIONS 1. Mike Pohlena - Stillwater Jaycees Ballfield. Mike Pohlena, representing the Stillwater Jaycees, was present to report on the progress of receiving matching funds for the softball complex and to request the amount pledged by the City of Stillwater. Tom Junker, 1517 Meadow Lark Dr., spokesman for the neighborhood in the vicinity of the ballfield, stated they are opposed to lighting the field. Howard Jiran, representing the School Board, stated the Jaycees have done an excellent job in constructing the field and the lighting issue is not 1 . . . Stillwater City Council Minutes Recessed Meeting November 3, 1987 settled as a survey is being circulated to the community to discover their wishes in this matter. City Attorney Magnuson commented that the i,sue of lights is not a city problem because the land is owned by the School District. Motion by Councilmember Kimble, seconded by Councllmember Farrell to grant $7,500 to match funds received by the Stillwater Jaycees for the softball complex, with the understanding the monies will not be used for lighting. (All in favor) The City Council stated that discussion should be continued between the neighbors near the ballfield and the School District to settle the issue of lighting. PUBLIC HEARINGS 1. This is the day and time for the Public Hearing on the proposed modification of the City's Tax Increment Financing Plan for TIF Dist. No. 1 located in Development District No.1. Notice of the hearing was published in the Stillwater Gazette on October 19, 1987. Representatives of Washington County HRA and Holmes and Graven were present to explain this issue. They included Kit Carlson, Wayne Vacillus, Becky Brook, Cindy Haugen and Arlen Waelti. The modification includes thirty additional parcels of land and Arlen Waelti made the presentation stating there will not be any change in the project area. Richard Kilty, 118 W. Oak St., asked for clarification which was addressed by Ms. Waelti. Mayor Abrahamson closed the public hearing. Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to adopt the appropriate resolution, Modifying Tax Increment Financing Dist. No. 1 in Development Dist. No.1. (Resolution No. 7837) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 2. This is the day and time for the Public Hearing on a Variance request for installation of an in-ground swimming pool in the side yard, 2675 Interlachen Ct., RA Single Family Residential Dist., Richard M. Minday, Applicant, Case No. V/87-42. Notice of the hearing was published in the Stillwater Gazette on October 23, 1987 and copies were mailed to the affected property owners. 2 . . . Stillwater City Council Minutes Recessed Meeting November 3, 1987 Mr. Russell explained the request, stating originally this was planned for the front yard. The Planning Commission approved the request. Motion by Councilmember Kimble, seconded by Councllmember Opheim to approve the variance request for installation of an in-ground swimming pool in side yard, 2675 Interlachen Ct., R.M. Minday, Applicant. (All in favor) 3. This is the day and time for the Public Hearing on a Special Use Permit request for a new sign program for the Oavian Bldg., 110 So.Greeley St., Residential Duplex R-B Oist., Judd E. Orff, Applicant. Case No.SUP/87-48. Notice of the hearing was published in the Stillwater Gazette on October 23, 1987 and copies were mailed to affected property owners. Mr. Russell presented the background of the request, stating the Planning Commission approved it 5 - 2. There was a question regarding window signs which Judd Orff explained by saying they would be taken down. Mayor Abrahamson closed the public hearing. Motion by Councilmember Opheim, seconded by Councilmember Bodlovick to approve the Special Use Permit, as conditioned, for a new sign program for the Davian Bldg., 110 So. Greeley St., Judd Orff, Applicant. (All in favor) 4. This is the day and time for the Public Hearing on a Variance and Special Use Permit request to convert a single family residence to a duplex, 116 So. Sixth St., in the Multi-Family Residential RCM & Duplex Residential RB Oist., Wayne Stephenson, Applicant. Case No. V/SUP/87-49. Notice of the hearing was published in the Stillwater Gazette on October 23, 1987 and copies were mailed to affected property owners. Mr. Russell explained, stating the Planning Commission required the applicant to provide four off-street parking spaces before recommending approval. Mr. Stephenson, applicant, stated this has been done. Muriel Hassis, 122 South 6th St., stated some concerns regarding the parking - that dirt has been thrown down to provide parking places, the yard is untidy looking, concern for the kind of renters that might move into the house, and property values. Mr. Valsvick reviewed the Planning Commission comments. It was noted that the house is being used as a duplex at the present time, and it is located in two zoning districts -- Multi-Family and Duplex. The request was approved by the Planning Commission. Further discussion followed regarding parking, etc. Mayor Abrahamson closed the public hearing. Motion by Councilmember Kimble, seconded by Councilmember Bodlovlck to approve, as conditioned, the Variance and Special Use Pe~it to convert a 3 . . ii-t1-Y7 -j I I ! Ii i I I I ! , I I , ! i I . I Stillwater City Council Minutes Recessed Meeting November 3, 1987 Single Family residence to a duplex, 116 So. Sixth St., Wayne Stephenson, Applicant. (All in favor) Council recessed for five minutes and reconvened at 8:40 P.M. UNFINISHED BUSINESS 1. Washington Square of Stillwater - Consideration of project amendment & Development Agreement (ContInuatIon) Mr. Russell updated Council on the project and recommended approval of the two resolutions approving the amendment request, approval of Memorandum of Agreement (involving Trinity Lutheran Church property), and review and approval of Development Agreement authorizing the Mayor to sign the documents. Council discussed the payment plan and the Finance Director presented a review of the costs to date. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to adopt the appropriate resolution, Amending Resolution Np. 7695 (Acquisition of Land, Washington Square Project). (Resolution No. 7838) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to adopt the appropriate resolution, Amending Resolution No. 7696 (PUD Approval, Washington Square Project). (Resolution No. 7839) Ayes - Councilmemoers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None. Art Palmer expressed his appreciation to Council and Staff for the efforts expended on behalf of this project. 2. Repass Ordinance No. 658 (Annexation of Anez-Tuenge property) The City Attorney noted the Stillwater Township Board has withdrawn their objections to this annexation and the Municipal Board will accept it within a week. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to repass Ordinance No. 658, Extending the Corporate Limits of the City of Stillwater, (Anez-Tuenge property). Ayes - Councilmember codlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None , 4 .l)Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to adopt the appropriate resolution approving the Memorandum of Understanding with Trinity Lutheran Church. (ReSOlution No. 7841) Ayes - Councilmembers Bodlovick, Farrell, Opheim and Mayor Abrahamson. Nays - None (See Page 4a) . . . Stillwater City Council Minutes Recessed Meeting November 3, 1987 Motion by Cou~~ilmember Bodlovick, seconded by Councilmernber Farrell to adopt the appropriatp. resolution granting approval to the Private Development Contract Betwee~ the City of Stillwater and Washington Square of Stillwater, Inc. (Resolution No. 7842) Ayes - Councilmembers Bodlovick, Farrell, Opheim and Mayor Abrahamson. Nays - None 4a . . . Stillwater City Council Minutes Recessed Meeting November 3, 1987 3. Development Contract - Relocation of Old Bayport Railroad Depot. Council discussion Included review of the document by the Downtown Council, and the drafting of a guarantee binding the Downtown Council to the contract. Motion by Councilmember Opheim, seconded by Councilmember Farrell to approve the Development Contract relating to the relocation of the Old Bayport Railroad Depot; and to send the agreement to the Downtown Business Ass'n. for review. (All in favor) 4. Appeal of Special Assessments - a.Majeski Property, and b. Rosemary Jensen Property. Mr. Kriesel explained the adjustment recommended for Mr. Majecki's property (adjustment on side yard) and further recommended certifying the remaining assessments for Mr. Majeski and the Jensen property. Motion by CQuncilmember Kimble, seconded by Councilmember Farrell to make a change in the assessment for Parcel "D" for David Majeski as outlined in the City Coordinator's memo of Oct. 28, 1987; and directing the City Attorney to respond to the appeals of assessments from Oavid Majeski and Rosemary Jensen. (All in favor) NEW BUS INESS 1. Interstate Bridge - National Register Nomination. Discussion of this item included concern for funding and upkeep of the bridge. Maury Stenerson, representing the Heritage Preservation Commission, stated the nomination does not obligate the City to any financial ties. Councilmember Opheim stated there are other avenues to explore in regard to funding. Richard Kilty stated he is opposed to keeping the bridge. Motion by Councilmember Opheim, seconded by Councilmember Farrell to request the Heritage Preservation Commission to proceed In submitting the Stillwater-Houlton Interstate Bridge to the National Register of Historic Places for nomination to the Register. (Ayes - 3; Nays - 2, Councilmember Bodlovick and Mayor Abrahamson.) 2. Re uest for modification of site lan for office and 49 o. Gree ey t., John Ogren, App Icant. at 5 . . . Stillwater City Council Minutes Recessed Meeting November 3, 1987 Mr. Russell explained Mr. Ogren's plans have changed wherein the bus garage was removed and a metal storage bUilding added to the north of the storage shed. The change meets the zoning requirements. /I-n-.r-'Opheim Kimble Motion by Councilmember KiMBle, seconded by Councilmember Bcdlc.iek to approve the request of John Ogren to modify the site plan for office and storage buildings at 1749 So. Greeley St., with the condition that the buildings be painted uniformly. (Ayes - 4; Nays - 1, Councilmember Bodlovlck) 3. Claim against the City for scratched car Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to refer the claim of Diane Swenson for a scratched car to the contractor for L.I. No. 220. (All in favor) 4. Application for Wavier of Garbage & Rubbish collection Charge - Code No. 13-230. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve the application for Waiver of Garbage & Rubbish collection Charge, Code No. 13-230. (All in favor). Council discussed the complaint of Mike Lynskey regarding garbage pick-up for his apartments. Mr. Kriesel will review this case and report to Council. CONSENT AGENDA Motion by Councilmember Kimble, seconded by Councilmember Farrell to approve the Consent Agenda of November 3, 1987, including the following: (All in favor) 1. Oirecting Payment of Bills (Resolution No. 7831) Ayes - Councilmembers BOdlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 2. Applications: Bruette Roofing P.O. Box 631 Stillwater, Mn. 55082 Patio Enclosures 6219 Cambridge St. St. Louis Park, Mn. 55416 CONTRACTORS Roofing Renewal General Contractor Renewal 6 . . . Stillwater City Council Minutes Recessed Meeting November 3, 1987 Petroleum Maintenance Co. 3172 Spruce St. St. Paul, Mn. 55117 General Contractor New Riverside Builders Rt. 2, Boyceville, Wi. 54725 General Contractor New Rodan Custom Service, Inc. 1509 Sargent Ave. St. Paul, Mn. 55105 The House Doctor 1509 AShland Ave. St. Paul, Mn. 55104 COUNCIL REQUEST ITEMS General Contractor New General Contractor New Councilmember Bodlovick recommended Mary Kramer Adrian be nominated as an Alternte for the Cable Commission. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve the nomination of Mary Adrian as Alternate on the Cable Commission. (All in favor) Further Discussion of Washington County Letter regarding funding for County Road 5. Motion by Councilmember Opheim, seconded by Councilmember Kimble directing City Staff to respond to the Washington County letter, regarding use of TIF Funds for upgrading County Road 5, stating their hesitancy to use the funds for this purpose. (All in favor) STAFF REPORTS (continued) Change Order - Library Renovation Motion by Councilmember BOdlovick, seconded by Councllmember Farrell to approve the Change Order for Library renovation regarding Ron's Cabinets, excluding the amount for the Executive Desk. (All in favor) Special Meeting - November 24, 4:30 P.M. Mr. Kriesel will forward drafts of the Housing, Nuisance, and Abandoned Vehicle Ordinances to Council for their review. 7 Stillwater City Council Minutes Recessed Meeting November 3, 1987 Council will hold a Special Meetin9 on November 24, 1987 at 4:30 P.M. Councilmember Farrell suggested drafting an ordinance regarding lighting in the public parks. ADJOURNMENT Motion by Councilmember BOdlovick, seconded by Councilmember Farrell to adjourn the meeting at 9:50 P.M. (All in favor) Resolutions: No. 7831 - Directing Payment of Bills No. 7837 - Modification of Tax Increment Dist. #1. No. 7838 - Amending Res. No. 7695, Land Acquisition, Washington Square. No. 7839 - Amending Res. No. 7696, PUD Approval, Washington Square. Ordinances: No. 658 - (Repass) Annexing Certain Lands to City (Anez-Tuenge Property) I' . .... I r- , I ArnST: , , 1J1~ lLr ~/~ CITY CLERK Resolution No. 7841 - Appruval of Memorandum of Understanding with Trinity Lutheran Cburch (WaShington Square Project). 7842 - Approval of Private Development Contract between City of Stillwater and Wasbington Square of Stillwater, Inc. Resolution No. . 8 r REGULAR MEETING STILLWATER CITY COUNCIL MINUTES November 3, 1987 4:30 P.M. The Meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Caruso Public Safety Director Mawhorter Comm.Dev. Director Russell Public Works Director Junker Consulting Engineer Moore Consulting Engineer Davis City Clerk Johnson Lee Ostrom, Stillwater Gazette Julie Kink, St. Croix Valley Press Press: r Others: None PETITION OF INDIVIDUALS OR DELEGATIONS: None STAFF REPORTS 1. Finance Director - Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to adopt the appropriate resolution, Adopting the Tax Levy for the Year 1988. (Resolution No. 7832) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to adopt the appropriate resolution, Changing Certain Mandatory Levies for the Year 1988. (Resolution No. 7833) Ayes - Councl1members Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None Motion by Councilmember appropriate resolution, 7834) Farrell, seconded by Councilmember Opheim to adopt the Adopt ing the Amended Budget for 1988. (Resol ut ion No. r 1 r Stillwater City Council Minutes Regular Meeting November 3, 1987 Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to adopt the appropriate resolution, Entering into a Joint Powers Agreement as it relates to participation in certain investment programs with the Minnesota Municipal Money Market Fund, (4M Fund) contingent on a review by the City Attorney. (Resolution No. 7835) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays None. 2. Public Safety Director - Motion by Councilmember Farrell, seconded by Councilmember Kimble to approve the purchase of a copy machine for the Police Dept. at a cost of $3,500. (All in favor.) 3. Public Works Director r Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to approve the installation of a street light on Green Meadows Ct. near Hillside Lane. (A 11 in favor) Motion by Councilmember Farrell, seconded by Councilmember Kimble to authorize attendance of the Public Works Director and Foreman at a seminar on employee relations on November 20, 1987 at a cost of $50.00 per person. (All in favor) After a discussion of the parking problems at Northwestern and Industrial Blvd., it was decided that the Public Works Director and Police Chief will review the problem to see if the area warrants "No Parking" signing. 4. Community Development Director - Discussion followed regarding a letter received from Robert Scott Holdings regarding a reduction in their $2,000,000 Letter of Credit due to completion of some public improvements. The Consulting Engineers will review the costs associated with the project. Council also briefly discussed a letter received from Washington County regarding using TIF monies to upgrade County Road 5. Council was reluctant to use these funds for this purpose because this is a county road, the county has known for some length of time that development is happening at this site and the road will need to be upgraded, they take r 2 ~ r r Stillwater City Council Minutes Regular Meeting November 3, 1987 care of county roads in other municipalities, and the funds are earmarked for other purposes. 5. Consulting Engineers - Mr. Moore initiated a discussion of the deterioration of the Levee, stating he has checked with the Corps of Engineers, who claim no responsibility for the problem. The Port Authority is reviewing other types of funding for this. Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to authorize Short-Elliott-Hendrickson, Inc. to study the deterioration of the levee and present estimates for repair. (All in favor) Mr. Davis presented the plans and specs for the Woodland Lakes prOject and requested authorization from Council to accept bids. Council discussion included their reluctance to do so because the $2,000,000 Letter of Credit has not been received and the request for reduction of the Letter of Credit by Robert Scott Holdings, Inc.. Motion by Councilmember Kimble, seconded by Councilmember Opheim to accept the plans and specs with a modified bid date for Woodland Lakes Mall, after comparison of costs and assurance has been made that they have fulfilled the conditions of the Development Agreement. (Ayes - 3; Nays - 2, Councilmember Bodlovick and Mayor Abrahamson) Motion by Councilmember Opheim, seconded by Councilmember Farrell directing Staff to inform Robert Scott Holdings of the above action and that the City will not proceed until a status update is received on the conditions of the Development Agreement and the feasibility of the project. (All in favor) Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve Change Order No.1, for Cottages of Stillwater, Phase II. (All in favor) Mr. Davis presented plans and specs for the outlet structure for Basin 3 in the East Industrial Park Drainage Study. He stated Press On is anxious to see this constructed. Mr. Magnuson addressed some of the problems involved, that being, that the developers will need to dedicate an easement, a foreclosure on some of the property, and a condemnation action may be involved, with an increase in costs. Mr. Davis will contact the representative from Press On to work out logistics with the City Coordinator. 6. Fire Chief - 3 r ~ r Stillwater City Council Minutes Regular Meeting November 3, 1987 Motion by Councilmember Kimble, seconded by Councilmember Opheim to adopt the appropriate resolution, Promoting Larry Viers to Firefighter Engineer. (Resolution No. 7836) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None A brief discussion arose regarding the passing out of leaflets at River Heights Plaza advising citizens not to eat at "Bonanza" because of non-union labor. The City Attorney advised the Police Dept. not to enter into this unless the leaflet distributors are abusive. The request for funds for the Jaycees Ballfield and the opposition to lighting by the residents was briefly discussed. RECESS Motion by Councilmember Kimble, seconded by Councilmember Opheim to recess the meeting at 6:00 P.M. (All in favor) Resolutions: No. 7832 - Approving Tax Levy for 1988. No. 7833 - Changing Certain Mandatory Levies. No. 7834 - Adopting Amended Budget for 1988. No. 7835 - Approving Joint Powers with LMM as part of "4M Fund". No. 7836 - Promotion of Larry Viers to Fire-Fighter Engineer. ATTEST: JJtdf ~ ~IMtr~ 4 ~ RECESSED MEETING STILLWATER CITY COUNCIL MINUTES November 3, 1987 7:00 P.M. The Meeting was called to order by Mayor Abrahamson. The Invocation was given by City Clerk Johnson. Present: Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Comm. Dev. Director Russell Finance Director Caruso City Clerk Johnson Consulting Engineer Moore Plan. Comm. Vice-Chair. Valsvick Lee Ostrom, Stillwater Gazette Julie Kink, St. Croix Valley Press Judd Orff, Mike Pohlena, Kit Carlson, Arlen Waelti, Dick Kilty, Howard Jiran, Dave Swanson, Bob DeSt.Aubin, Art Palmer, Loren Knott, Wayne Vacillus, Maury Stenerson, Richard Minday, Wayne Stephenson, Muriel Hassis, Dan Nelson. Press: ~ Others: APPROVAL OF MINUTES Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to approve the minutes of October 13, 1987 Special Meeting and October 20, 1987 Workshop and Regular Meetings as presented. (All in favor) PETITION OF INDIVIDUALS AND DELEGATIONS 1. Mike Pohlena - Stillwater Jaycees Ballfield. Mike Pohlena, representing the Stillwater Jaycees, was present to report on the progress of receiving matching funds for the softball complex and to request the amount pledged by the City of Stillwater. Tom Junker, 1517 Meadow Lark Dr., spokesman for the neighborhood in the vicinity of the ballfield, stated they are opposed to lighting the field. Howard Jiran, representing the School Board, stated the Jaycees have done an excellent job in constructing the field and the lighting issue is not r 1 r' Stillwater City Council Minutes Recessed Meeting November 3, 1987 settled as a survey is being circulated to the community to discover their wishes in this matter. City Attorney Magnuson commented that the issue of lights is not a city problem because the land is owned by the School District. Motion by Councilmember Kimble, seconded by Councilmember Farrell to grant $7,500 to match funds received by the Stillwater Jaycees for the softball complex, with the understanding the monies will not be used for lighting. (A 11 in favor) The City Council stated that discussion should be continued between the neighbors near the ballfield and the School District to settle the issue of lighting. PUBLIC HEARINGS 1. This is the day and time for the Public Hearing on the proposed modification of the City's Tax Increment Financing Plan for TIF Dist. No. 1 located in Development District No.1. Notice of the hearing was published in the Stillwater Gazette on October 19, 1987. r-'. Representatives of Washington County HRA and Holmes and Graven were present to explain this issue. They included Kit Carlson, Wayne Vacillus, Becky Brook, Cindy Haugen and Arlen Waelti. The modification includes thirty additional parcelS of land and Arlen Waelti made the presentation stating there will not be any change in the project area. Richard Kilty, 118 W. Oak St., asked for clarification which was addressed by Ms. Waelti. Mayor Abrahamson closed the public hearing. Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to adopt the appropriate resolution, Modifying Tax Increment Financing Dist. No. 1 in Development Dist. No.1. (Resolution No. 7837) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 2. This is the day and time for the Public Hearing on a Variance request for installation of an in-ground swimming pool in the side yard, 2675 Interlachen Ct., RA Single Family Residential Dist., Richard M. Minday, Applicant, Case No. V/87-42. Notice of the hearing was published in the Stillwater Gazette on October 23, 1987 and copies were mailed to the affected property owners. r' 2 r Stillwater City Council Minutes Recessed Meeting November 3, 1987 Mr. Russell explained the request, stating originally this was planned for the front yard. The Planning Commission approved the request. Motion by Councilmember Kimble, seconded by Councilmember Opheim to approve the variance request for installation of an in-ground swimming pool in side yard, 2675 Interlachen Ct., R.M. Minday, Applicant. (All in favor) 3. This is the day and time for the Public Hearing on a Special Use Permit request for a new sign program for the Davian Bldg., 110 So.Greeley St., Residential Duplex R-B Dist., Judd E. Orff, Applicant. Case No.SUP/87-48. Notice of the hearing was published in the Stillwater Gazette on October 23, 1987 and copies were mailed to affected property owners. Mr. Russell presented the background of the request, stating the Planning Commission approved it 5 - 2. There was a question regarding window signs which Judd Orff explained by saying they would be taken down. Mayor Abrahamson closed the public hearing. Motion by Councilmember Opheim, seconded by Councilmember Bodlovick to approve the Special Use Permit, as conditioned, for a new sign program for the Davian Bldg., 110 So. Greeley St., Judd Orff, Applicant. (All in favor) r 4. This is the day and time for the Public Hearing on a Variance and Special Use Permit request to convert a single family residence to a duplex, 116 So.Sixth St., in the Multi-Family Residential RCM & Duplex Residential RB Dist., Wayne Stephenson, Applicant. Case No. V/SUP/87-49. Notice of the hearing was published in the Stillwater Gazette on October 23, 1987 and copies were mailed to affected property owners. Mr. Russell explained, stating the Planning Commission required the applicant to provide four off-street parking spaces before recommending approval. Mr. Stephenson, applicant, stated this has been done. Muriel Hassis, 122 South 6th St., stated some concerns regarding the parking - that dirt has been thrown down to provide parking places, the yard is untidy looking, concern for the kind of renters that might move into the house, and property values. Mr. Valsvick reviewed the Planning Commission comments. It was noted that the house is being used as a duplex at the present time, and it is located in two zoning districts -- Multi-Family and Duplex. The request was approved by the Planning Commission. Further discussion followed regarding parking, etc. Mayor Abrahamson closed the public hearing. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to approve, as conditioned, the Variance and Special Use Permit to convert a r 3 f' f' '1-I1-n Stillwater City Council Minutes Recessed Meeting November 3, 1987 Single Family residence to a duplex, 116 So. Sixth St., Wayne Stephenson, Applicant. (All in favor) Council recessed for five minutes and reconvened at 8:40 P.M. UNFINISHED BUSINESS 1. amendment & Mr. Russell updated Council on the project and recommended approval of the two resolutions approving the amendment request, approval of Memorandum of Agreement (involving Trinity Lutheran Church property), and review and approval of Development Agreement authorizing the Mayor to sign the documents. Council discussed the payment plan and the Finance Director presented a review of the costs to date. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to adopt the appropriate resolution, Amending Resolution No. 7695 (Acquisition of Land, Washington Square Project). (Resolution No. 7838) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to adopt the appropriate resolution, Amending Resolution No. 7696 (PUD Approval, Wash i ngton Square Proj ect). (Reso 1 ut i on No. 7839) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None. Art Palmer expressed his appreciation to Council and Staff for the efforts expended on behalf of this project. 2. Repass Ordinance No. 658 (Annexation of Anez-Tuenge property) The City Attorney noted the Stillwater Township Board has withdrawn their objections to this annexation and the Municipal Board will accept it within a week. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to repass Ordinance No. 658, Extending the Corporate Limits of the City of Stillwater, (Anez-Tuenge property). Ayes - Councilmember Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 4 Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to. adopt the appropriate resolution approving the Memorandum of Understanding with Trinity Lutheran Church. (Resolution No. 7841) Ayes - Councilmembers Bodlovick, Farrell, Opheim and Mayor Abrahamson. Nays - None (See Page 4a) ~ r r Stillwater City Council Minutes Recessed Meeting November 3, 1987 Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to adopt the appropriate resolution granting approval to the Private Oevelopment Contract Between the City of Stillwater and Washington Square of Stillwater, Inc. (Resolution No. 7842) Ayes - Councilmembers Bodlovick, Farrell, Opheim and Mayor Abrahamson. Nays - None 4a ~ Stillwater City Council Minutes Recessed Meeting November 3, 1987 3. Development Contract - Relocation of Old Bayport Railroad Depot. Council discussion included review of the document by the Downtown Council, and the drafting of a guarantee binding the Downtown Council to the contract. Motion by Councilmember Opheim, seconded by Councilmember Farrell to approve the Development Contract relating to the relocation of the Old Bayport Railroad Depot; and to send the agreement to the Downtown Business Ass'n. for review. (All in favor) r 4. Appeal of Special Assessments - a. Majeski Property, and b. Rosemary Jensen Property. Mr. Kriesel explained the adjustment recommended for Mr. Majecki's property (adjustment on side yard) and further recommended certifying the remaining assessments for Mr. Majeski and the Jensen property. Motion by Councilmember Kimble, seconded by Councilmember Farrell to make a change in the assessment for Parcel "0" for David Majeski as outlined in the City Coordinator's memo of Oct. 28, 1987; and directing the City Attorney to respond to the appeals of assessments from David Majeski and Rosemary Jensen. (All in favor) NEW BUSINESS 1. Interstate Bridge - National Register Nomination. Discussion of this item included concern for funding and upkeep of the bridge. Maury Stenerson, representing the Heritage Preservation Commission, stated the nomination does not obligate the City to any financial ties. Councilmember Opheim stated there are other avenues to explore in regard to funding. Richard Kilty stated he is opposed to keeping the bridge. Motion by Councilmember Opheim, seconded by Councilmember Farrell to request the Heritage Preservation Commission to proceed in submitting the Stillwater-Houlton Interstate Bridge to the National Register of Historic Places for nomination to the Register. (Ayes - 3; Nays - 2, Councilmember Bodlovick and Mayor Abrahamson.) 2. Request for modification of site plan for office and storage bUildings at 1749 So. Greeley St., John Ogren, Applicant. f 5 r Stillwater City Council Minutes Recessed Meeting November 3, 1987 Mr. Russell explained Mr. Ogren's plans have changed wherein the bus garage was removed and a metal storage building added to the north of the storage shed. The change meets the zoning requirements. /1-f7-'70pheim Kimble Motion by Councilmember Ki~hlt, seconded by Councilmember Badla.itk to approve the request of John Ogren to modify the site plan for office and storage buildings at 1749 So. Greeley St., with the condition that the buildings be painted uniformly. (Ayes - 4; Nays - 1, Councllmember Bodlovick) 3. Claim against the City for scratched car Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to refer the claim of Diane Swenson for a scratched car to the contractor for L.I. No. 220. (All in favor) 4. A~Plication for Wavier of Garbage & Rubbish collection Charge - Code No. 1 -230. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve the application for Waiver of Garbage & Rubbish collection Charge, Code No. 13-230. (All in favor). r. Council discussed the complaint of Mike Lynskey regarding garbage pick-up for his apartments. Mr. Kriesel will review this case and report to Counc i1. CONSENT AGENDA Motion by Councilmember Kimble, seconded by Councilmember Farrell to approve the Consent Agenda of November 3, 1987, i ncl uding the fo llowi ng: (All in favor) 1. Directing Payment of Bills (Resolution No. 7831) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 2. Applications: CONTRACTORS Roofing Renewal Bruette Roofing P.O. Box 631 Stillwater, Mn. 55082 Patio Enclosures 6219 Cambridge St. St. Louis Park, Mn. 55416 General Contractor Renewal r 6 r Stillwater City Council Minutes Recessed Meeting November 3, 1987 Petroleum Maintenance Co. 3172 Spruce St. St. Paul, Mn. 55117 Riverside Builders Rt. 2, Boyceville, Wi. 54725 General Contractor New General Contractor New Rodan Custom Service, Inc. 1509 Sargent Ave. St. Paul, Mn. 55105 General Contractor New The House Doctor 1509 Ashland Ave. St. Paul, Mn. 55104 COUNCIL REQUEST ITEMS General Contractor New Councilmember Bodlovick recommended Mary Kramer Adrian be nominated as an Alternte for the Cable Commission. r Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve the nomination of Mary Adrian as Alternate on the Cable Commission. (All in favor) Further Discussion of Washin ton Count oa Motion by Councilmember Opheim, seconded by Councilmember Kimble directing City Staff to respond to the Washington County letter, regarding use of TIF Funds for upgrading County Road 5, stating their hesitancy to use the funds for this purpose. (All in favor) STAFF REPORTS (continued) Change Order - Library Renovation Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve the Change Order for Library renovation regarding Ron's Cabinets, excluding the amount for the Executive Desk. (All in favor) Special Meeting - November 24, 4:30 P.M. Mr. Kriesel will forward drafts of the Housing, Nuisance, and Abandoned Vehicle Ordinances to Council for their review. r 7 r Stillwater City Council Minutes Recessed Meeting November 3, 1987 Council will hold a Special Meeting on November 24, 1987 at 4:30 P.M. Councilmember Farrell suggested drafting an ordinance regarding lighting in the public parks. ADJOURNMENT Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to adjourn the meeting at 9:50 P.M. (All in favor) Resolutions: No. 7831 - Directing Payment of Bills No. 7837 - Modification of Tax Increment Dist. '1. No. 7838 - Amending Res. No. 7695, Land Acquisition, Washington Square. No. 7839 - Amending Res. No. 7696, PUD Approval, Washington Square. Ordinances: No. 658 - (Repass) Annexing Certain Lands to City (Anez-Tuenge Property) l' r ... I r- ... I ATTEST: ... ... j)aIf ~ ~CI~~~ Resolution No. 7841 - Approval of Memorandum of Understanding with Trinity Lutheran Church (Washington Square Project). Resolution No. 7842 - Approval of Private Developme.nt Contract between City of Stillwater and Washington Square of Stillwater, Inc. ~ 8