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HomeMy WebLinkAbout1999-10-05 CC MIN c, r CITY OF STILLWATER STILL WATER CITY COUNCIL MEETING NO. 99-22 October 5,1999 REGULAR MEETING 4:30 P.M. The meeting was called to order by Mayor Kimble. Present: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Also present: City Coordinator Kriesel City Attorney Magnuson Community Development Director Russell Finance Director Deblon Police ChiefDauffenbach Building Official Zepper Fire Chief Kallestad St. Croix Valley Sports Facility Manager Brady Administrative Assistant Kadin City Clerk Weldon Press: r Julie Kink, Courier Mark Brouwer, Gazette STAFF REPORTS Finance Director Deblon noted a resolution relating to the modification of a financing plan for TIF Districts 1 through 7, Development District No. I, and a resolution relating to compliance with reimbursement bond regulations under the IRS Code are on the consent agenda. Community Development Director Russell reported he met with residents regarding the Legends development and the closure of 62nd Street. A spokesperson for the group will be appearing during Petitions and Individuals at the 7 p.m. meeting. They are requesting 62nd Street not be closed at this time. He noted the decision to cul-de-sac 62nd Street is in the Comprehensive Plan but is not included in the actual annexation agreement. City Attorney Magnuson distributed a copy of a June 28, 1999 memo to Klayton Eckles which reviewed the operative provisions of the Orderly Annexation Agreement relating to the assessment of street improvements. Attached was a copy of the Township assessment policy. Fire Chief Kallestad requested Consent Agenda Item No.6, approving job description for part-time on-call captain, be removed. The job description is not completed at this time. r City Coordinator Kriesel informed Council the City of Stillwater is hosting the semi-annual Munici-Pals Banquet on Thursday, October 14th, at the Grand Ballroom. Munici-Pals is an association of municipal employees from the seven county metro area. City employees are organizing the event and have requested the Council suspend rules for pay parking and permit parking for the Munici-Pals event. He recommended approval. City Council Meeting 99-22 October 5, 1999 0otion by Councilrnember Thole, seconded by Councilrnember Bealka approving the suspension of pay and permit parking regulations for a city-sponsored Munici-Pals event on October 14, 1999. 3-2 (Zoller, Cummings nay) City Coordinator Kriesel showed a brief video tape of the presentation of the J.A. (Jack) Lund Award to Building Official Zepper at the International Conference of Building Officials (ICBO) annual business meeting held in St. Louis, Missouri. 1. Workshop: Second sheet of ice with Mahtomedi. City Coordinator Kriesel presented an updated project cost summary. Option A is no longer under consideration. Option B (project to accommodate Mahtomedi's needs for locker rooms, team rooms, etc.) is estimated to be $3,130,189. Option C (cost ofproject without Mahtomedi) is estimated to be $2,958,115. Staffis working on an appropriate agreement with Mahtomedi. The basic question is if partnering is favorable to the City and reaching an agreement on how much Mahtomedi will pay. City Attorney Magnuson stated the draft agreement has not been reviewed by the Mahtomedi attorney, but the agreement could be approved in concept. r Mayor Yale Norwick, City Administrator Jon Hohenstein, Councilrnember Ellen Blasena and Finance Commission Chair Bob Pocrnich were in attendance. Mr. Hohenstein stated the issues remaining to be resolved are not substantive but rather wording. There were no deal-breakers. He stated there needs to be firm language regarding hours of use to assure fair and equitable availability. Mahtomedi is also in favor of a phase-out period after 20 years. City Coordinator Kriesel stated it is important to begin the process as soon as possible if the arena is to be available for the October 2000 skating season. He recommended naming Ankeny Ken Architects P A as architects for the project and George W. Olsen Construction Co. Inc. as construction manager. He also stated the Community Development Director should be directed to apply for a variance and any other zoning requirements. Action taken under unfinished business later in meeting. 2. Workshop: Reorganization of Public Works Department City Engineer Eckles presented a proposed restructuring of the organizational structure for the EngineeringlParks/Public Works Departments of the City. He suggested redefining the supervisory positions in public works to one overriding public works superintendent and one public works assistant superintendent. Together they would manage the entire public works department including the divisions. There would be cross training between parks and streets workers. He also suggested Council consider merging the water board with public works because of the potential of reducing duplication and improving efficiencies. r Council discussed whether a professional parks director position should be considered. It was determined no additional staff would be considered at this time. Administrative Assistant Kadin stated the proposed structure is similar to what other cities do. Mr. Eckles has been serving as Public Works Director as well as City Engineer. She recommended 2 City Council Meeting 99-22 October 5,1999 r changing the title of the City Engineer to City Engineer/Director of Public Works to more adequately reflect his duties. City Coordinator Kriesel strongly recommended approval of the restructuring concept and the hiring of a public works superintendent. He also recommended having a workshop with the Parks Board at a future date. Motion by Councilrnember Thole, seconded by Councilmember Cummings to direct staff to advertise for the position of Public Works Superintendent and approve the change of the City Engineer's title to City EngineerlDirector of Public Works. All in favor. Recessed at 6:05 p.m. RECESSED MEETING 7:00 P.M. The meeting was called to order by Mayor Kimble. Present: Also present: Councilrnembers Bealka, Cummings, Thole, Zoller and Mayor Kimble City Coordinator Kriesel City Attorney Magnuson Police ChiefDauffenbach City Engineer Eckles Community Development Director Russell Civil Engineer Sanders City Clerk Weldon r Press: Julie Kink, Courier APPROVAL OF MINUTES Motion by Councilrnember Thole, seconded by Councilrnember Zoller to approve the minutes of September 21, 1999, Regular Meeting. All in favor. PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS 1. Mark Loeffler - Closing of 62nd Street. Mr. Loeffler was not able to attend. Gary Galbavy, 1210 Settlers Avenue, spoke as a representative of the neighborhood. He expressed concerns about the creation of a cul-de-sac on 62nd Street. He stated 62nd Street is a necessary link from the neighborhood to the rest of Stillwater. Until an alternative access is achieved, there would be only one access to the area if 62nd Street is closed. Safety is an issue if the one access should be blocked by an accident or downed tree; public safety vehicles would have no way to enter the area. r City Coordinator Kriesel stated this item will be again discussed later in the agenda. 2. Proclamation: Make a Difference Day. 3 City Council Meeting 99-22 October 5, 1999 r Mayor Kimble proclaimed October 23,1999, as Make a Difference Day, a national day of volunteering, in Stillwater. CONSENT AGENDA Motion by Councilrnember Thole, seconded by Councilrnember Zoller to approve the Consent Agenda, (No.6 deleted at request of Fire Chief) All in favor. I. Resolution 99- 277: Directing Payment of Bills 2. Application and authorization for delayed payment of tax on special assessments for senior citizens homestead at 319 W. Churchill St. 3. Resolution 99-278: Contract with SafeAssure Consultants, Inc., for OSHA consultation 4. Purchase of information kiosk for Pioneer Park 5. Installation of safety fence for Pioneer Park playground by AWl Diversified a. Afll're~:al efjse aeseFipMea ferfuut time eft eall eaptaia Fife Def1t. 7. Resolution 99-279: Relating to City of Stillwater tax rate authorization for Year 2000 8. Resolution 99-280: Authorizing publication of notice for modification of financing plan for TIF Districts 1 through 7, Development District No.1. 9. Assigning power of attorney to Mike Munson, LCMIT claims adjuster, to represent City in conciliation court case 10. Resolution 99-294: Contract with Diane Ward for maintenance of City web site II. Resolution 99-281: Relating to financing of certain proposed projects, establishing compliance with (' reimbursement bond regulations under the Internal Revenue Code 12. Resolution 99-282: Agreement with Otis for elevator maintenance 13. Request to use City Hall parking lot for Trinity Church Yule Fest parking, Sat. Nov. 20 from 11 a.m. - 3 p.m. 14. Resolution 99-283: Vacating drainage and utility easement with Outot E, Legends of Stillwater 15. Resolution 99-284: Addendum No.2 to Development Agreement with Legends of Stillwater Partnership PUBLIC HEARINGS Mayor Kimble noted Case No. CP A/99-1 and ZAM/99-1 will be taken as one discussion item. Councilmember Thole also stated public hearings on these cases were held by the Planning Commission and Joint Board. A designated neutral, appointed as provided in the Annexation Agreement, also heard the cases. 1. Case No. CP A/99-1. This is the day and time for the public hearing to consider a request from the Pemtom Land Company for a Comprehensive Plan Amendment changing the land use designation of 28 acres of land located east of CR 15 and north of 62nd Street from single family large and small lot (2-4 dulacre) to attached single family (6 dulacre). r 2. Case No ZAM/99-l. This is the day and time for the public hearing to consider a request from the Pemtom Land Company for a Zoning Map Amendment for the 28 acres located east of CR 15 and north of 62nd Street from AP (Agricultural Preservation) to TH (Townhouse). Notice of the hearing was published in the Stillwater Gazette on September 24, 1999, and notices mailed to affected property owners. Community Development Director Russell summarized the requests. The area is located east of County Road 15 and immediately north of 62nd Street North. It is currently in Stillwater Township. The 4 City Council Meeting 99-22 October 5,1999 (" Orderly Annexation Agreement allows for annexation ofa site outside of the phased annexation area if petitioned by 100 percent of the owners. The site is currently designated single family small lot in the comprehensive plan proposed land use map. The proposed amendment would change the designation from single family detached to single family attached. Annexed property comes into the City with an Agricultural Preservation, AP, designation. The amendment proposes changing the zoning to Townhouse Residential, TH. The idea for an attached unit project at this site and Gadient Site (north ofthis site) came from the City's Open Space Committee. They felt a cluster attached single family residential concept could be used on the adjacent site for the preservation of the Gadient woods. The proposed development meets the TH residential requirements. The Mayor opened the public hearing. Richard Huelsmann, 12610 62nd Street North, stated the increase of density is inappropriate. There will be a significant impact on the infrastructure (schools) by the acceleration of density. He also stated it is extremely important that the previous process of placing a cul-de-sac on 62nd Street go forward. r Gary Galbavy, 1210 Settlers Avenue, stated he represented the residents of the Legends. He thanked Mr. Russell for making a presentation to the neighbors at the Galbavy home. This was the first opportunity for Legends neighborhood input. They were not informed and there did not appear to be enough pre-planning. Councilrnember Zoller explained the development process is a long-term process. The studies were completed before any of the Legends was occupied. Mr. Galbavy stated the longest resident of the area is four months. Mr. Galbavy expressed concerns with the elevation of the project and the loss of the tree line. He also stated the health, safe~, and welfare of the citizens is not being served by the townhome development and the closure of 62n Street. Brenda Loeffier, 14891 N. 58th Street, stated a townhome development will not provide the starter homes Council has repeatedly stated are needed to provide homes that would be available for young people raised in Stillwater to return to raise their families. She also stated Ryland has not corrected problems in current structures; Council should be aware of these problems before they approve yet another project. Bob Golish, 12563 N. 62nd Street, stated speeds on 62nd Street are in excess of 55 m.p.h. He is in favor of the cul-de-sac. Sheryl White, 1250 McDougal Green, expressed concern that there would not be enough parking spaces for the proposed park and townhomes. Soccer and ball fields will draw traffic and parking problems. She was concerned with safety. The Mayor closed the public hearing. evtotion by Councilrnember Thole, seconded by Councilrnember Zoller to adopt Resolution 99-285 approving the Comprehensive Plan Amendment changing the land use designation of 28 acres of land located east of CR 15 and north of 62nd Street from single family large and small lot (2-4 du/acre) to attached single family (6 du/acre), Case No. CPA/99-1. 5 City Council Meeting 99-22 ryes: Councilrnembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays: None. October 5, 1999 Motion by Councilrnember Thole, seconded by Councilrnember Zoller to have the first reading of an ordinance relating to a Zoning Map Amendment for the 28 acres located east of CR 15 and north of 62nd Street from AP (Agricultural Preservation) to TH (Townhouse), Case No. ZAM/99-1. Ayes: Councilrnembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays: None. Mayor Kimble noted Case No. PUD/99-8 and SUB/99-9 will be taken as one discussion item. 3. Case No. PUD/99-8. This is the day and time for the public hearing to consider a request from the Pemtom Land Company for a Planned Unit Development for a 142 unit cluster development and a 4.8 acre park on 28 acres. Case No. PUD/99-8. Notice of the hearing was published in the Stillwater Gazette on September 24, 1999, and notices mailed to affected property owners. 4. Case No SUB/99-9. This is the day and time for the public hearing to consider a request from the Pemtom Land Company for a subdivision of the NW 1/4 of the SW 1/4 of the Bergmann Property for 142 Townhome lots and common area and a 4.8 acre park on 28 acres. Notice of the hearing was published in the Stillwater Gazette on September 24, 1999, and notices mailed to affected property owners. r Community Development Director Russell reviewed the request. He stated the application for preliminary PUD and plat approval was approved by the Planning Commission on March 8, 1999. The Joint Board reviewed and commented on the development at their meeting of September 15,1999. Comments were also received from Washington County Public Works and the Washington County Soil and Water Conservation District. Access to CR 15 was modified to accommodate the County's request to move site access away from 62nd Street N. On September 28, 1999, he met with the new residents in the Legends neighborhood to provide background on the townhouse project. The Mayor opened the public hearing. Gary Galbavy, 1210 Settlers Avenue, stated drainage problems in the Legends now exist. Part of the proposed park for Phase II is a drainage pond. He questioned when the pond would be built. City Engineer Eckles stated a portion or all of the drainage ponds will be constructed in Phase I. Dan Herbst, Pemtom Land Company, stated he met with homeowners the previous night. He will grade the entire site and construct all drainage ponds in the first phase. He also stated a significant number of large trees will be planted to replace the boxelders being removed. (' Tim White, 1255 McDougal Green, was concerned the development will create drainage problems in his backyard. Councilrnember Thole stated all approvals will be contingent upon the City Engineer's conditions of approval. Mr. White was also concerned that the developer had chosen Ryland. They are not able to get major issues resolved. Mayor Kimble suggested he contact his title company. The City has no ability to control performance. The Mayor closed the public hearing. 6 City Council Meeting 99-22 October 5, 1999 r Fire Chief Kallestad reported he and Building Official Zepper have been in contact with the State Fire and Building Officials for clarifications on the ramifications of not sprinkling the buildings. Ifnot sprinkled, it might require significant changes in the site plan. Recessed at 8:45 p.m. and reconvened at 9:05 p.m. Fire Chief Kallestad reported there had been a misunderstanding. Details related to sprink1ing will be worked out. Motion by Councilrnember Thole, seconded by Councilrnember Zoller to adopt Resolution 99-286 approving the Planned Unit Development for a 142 unit cluster development and a 4.8 acre park on 28 acres, Case No. PUD/99-8, Pemtom Land Company, applicant. Ayes: Councilrnembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays: None. Motion by Councilrnember Thole, seconded by Councilrnember Zoller to adopt Resolution 99-287 approving a subdivision ofthe NW 1/4 of the SW 1/4 of the Bergmann Property for 142 Townhome lots and common area and a 4.8 acre park on 28 acres, Case No. SUB/99-9, Pemtom Land Company, applicant. Ayes: Councilrnembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays: None. C:otion by Councilrnember Thole, seconded by Councilrnember Zoller to adopt Resolution 99-288 accepting the conveyance of Outlot C, Legends West Addition. Ayes: Councilrnembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays: None. 5. Long Lake Southeast Watershed Area Water Quality Improvements. This is the day and time for the public hearing to pass upon the proposed assessment for Project No. 9721, L.1.342. The following is the area proposed to be assessed: Properties North of Trunk Highway 36, West of Greeley Street, South of Interlachen Drive and Olive Street, and East of Nightingale Boulevard (extended south). The improvement consists of Sanitary Sewer, Watermain, Storm Sewer, Street Improvements and appurtenances. The total amount of the proposed assessment is $939,927.14. Notice of the hearing was published in the Stillwater Gazette on September 20, 1999, and notices mailed to affected property owners. (' City Engineer Eckles summarized the project. The first portion now being constructed as part of the Curve Crest extension involves enlarging the 62nd Street pond and installing a pipe from the pond to Long Lake. Phase Two, also underway, is the expansion of the Tower Drive pond. The third phase will involve enlarging the pond in front of the Andersen Windows building on Washington Avenue and Highway 36. The fourth and final phase will involve modifying the control structures for several of the ponds to better control the rate of flow. The estimated cost is $1,046,000. The amount from special assessments is estimated at $789,906. He stated that Washington County and Oak Park Heights will be paying a portion of the costs of the project. Both entities contribute water to this system. The contribution could be up to $150,000. Shortfalls for future phases would use MSA funding or storm water utility money. In response to concerns oflarge lot 7 City Council Meeting 99-22 October 5, 1999 C\ owners, staff has proposed a deferred assessment category. The amount to be deferred is the assessment for all land over 20,000 square feet on a single family lot. The rational is that large lots do not contribute additional runoff beyond Yz acre. If the property is subdivided, the assessments would become due. A written objection was received from Readex prior to the meeting. The project also includes street and public utility work associated with Curve Crest Boulevard. These costs will be charged against the abutting and benefiting property owners. City Engineer Eckles also stated there is a misconception that the water quality assessments are being made in order to allow development on Curve Crest. The reverse is actually true. It is more cost effective to do the Phase One improvements at the same time as the Curve Crest project. If done separately, costs would rise significantly. The Mayor opened the public hearing. Kevin Shoeberg, 12730 62nd Street N., presented a written objection. He stated the project was development driven and of no benefit to his property. Councilrnember Thole suggested he contact the City Engineer to clarify if his property drains into the project area. Carl Blondin, owner of property located at 617 Sunrise Avenue, submitted a written objection. He stated the project is of no benefit to him; it is a benefit to those on Long Lake. r Cynthia Dufour, 1433 Highland Court, requested information on the process of contesting the assessment. She believes her property drains into Lily Lake, not Long Lake. She also requested information on the assessments made to commercial properties. Councilrnember Thole explained that, in addition to a higher assessment, they also pay higher storm water utility fees. Bill Spangler, 12811 62nd Street, felt his assessment of over $3000 was excessive. His lot was almost all trees and did not contribute to runoff. Mr. Eckles stated all ofthe assessment over $900 is deferred unless the property is subdivided. Jeff Fosse, 2665 Hidden Valley Lane, had no problem with the project but felt the cost formula is too simplistic. Each property has a different runoff potential. The commercial properties run directly into the pond. Runoff from properties further away evaporate by the time it reaches the pond. Gary Ritzer, 1167 Parkwood Lane, stated the project needs to be done. He questioned why there is a 7% interest on the deferred amount. Mr. Kriesel stated it is City policy and relates to passing on the bond costs paid by the City. Mr. Ritzer questioned who would pay the interest if the property were sold. City Attorney Magnuson stated a deferred assessment is different from a pending assessment. Language could be included in the sale documents which clarifies who will pay the assessment. Written objections were submitted by the following: Carl Blondin, 617 Sunrise Avenue; Anna Kramer, 2325 Cottage Drive; John Semler, Readex, 2251 Tower Drive W.; Eugene and Linda Seebeck, 2651 Skyview Ct; Kevin Shoeberg, 12730 62nd St. N.; Jeffrey and Lee Ann Fosse, 2665 Hidden Valley Lane; Craig Bartholrny, 630 Hidden Valley Ct.; and Lynn and Linda Burnham, 1364 Benson Blvd. W. r The Mayor closed the public hearing. 8 City Council Meeting 99-22 October 5,1999 notion by Councilrnember Thole, seconded by Councilrnember Bealka to adopt Resolution 99-289 adopting assessment for Long Lake Southeast Watershed Area Water Quality Improvements associated with Curve Crest Boulevard Extension Street and Utility Improvements and Stillwater Market Place Surface Water Improvements, Project 9721, L.I. 342, with a 30-day window for removal of parcels limited to engineering detennination that they should not be included in the project area. Ayes: Councilrnembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays: None. 6. 62nd Street Watermain and Street Improvements. This is the day and time for the public hearing to pass upon the proposed assessment for Project No. 9912, L.I. 343. The following is the area proposed to be assessed: Properties North of Trunk Highway 36, East of County Road 15, South of County Road 12 and 4800 feet east of County Road 15, except that portion known as the Croixwood Additions. The improvement consists of: Waterrnain and Street Improvements. The total amount of the proposed assessment is $239,649.04. Notice of the hearing was published in the Stillwater Gazette on September 20, 1999, and notices mailed to affected property owners. Civil Engineer Sanders summarized the project. It consists of extending water main from Curve Crest Boulevard to the southwest area of the City along 62nd Street and the reconstruction of 62nd Street, including the construction of a cul-de-sac near the southwest comer of Long Lake. Assessments are split two ways: a trunk area cost for water main construction and a street assessment. Assessments would be at a rate of$894.58 per acre. It is ~roposed to assess a portion of the street costs, including the cul-de-sac, to the property owners along 62n Street, at a rate of $1 0 per foot. r Concerns have been expressed by residents that they should not be assessed for street improvements, only the construction of the cul-de-sac. The Township has submitted a letter stating their position based on the Orderly Annexation Agreement that there should be no street assessment. Earlier in the meeting, Mr. Magnuson submitted a memo summarizing the operative provisions of the Annexation Agreement which allows the assessment at the Township rate for the improvement of a substandard street. The Mayor opened the public hearing. Kevin Shoeberg, 12730 62nd Street N., stated the project is driven by development and the need to loop the water main. Nobody on 62nd Street needs the improvements. The contract between the township and the city requires storm water and road improvements would not be assessed. He requested the Council remove all 62nd Street owners from the assessment roll, or he would enforce the contract in court. He submitted a written objection. Richard Huelsmann, 12610 62nd Street N., asked the comments be taken in context of the annexation agreement. The residents receive no benefit from the improvements. He referred to the letter from the Township attomey stating there is no basis for assessment. Substandard street status is based on township, not city standards. He also stated he knows of no other street where residents paid for street lights. r Bill Spangler, 12811 62nd St. N., agreed that if the street is improved, he should pay something. However, $5000 was excessive. He requested the assessments be dropped to within reason. 9 City Council Meeting 99-22 October 5, 1999 r Gregory Machesney, 12727 62nd St. N., concurred with his neighbors and filed a written objection. He is willing to pay for the cul-de-sac. Dan Berner, 12680 62nd St. N., filed a letter of objection. He referred to a December 3,1997, article in the Stillwater Gazette which stated the developer will design, construct, and pay for utilities. Patrick Tynen, 12677 62nd St. N., stated the improved street could be an asset, but assessments were lining up, including water. City Attorney Magnuson stated he would not be assessed for storm sewer unless the property was subdivided. There is no watermain charge unless there is a hookup. City Attorney Magnuson further stated if a street is substandard, it may be assessed at the township rate prior to the agreement in 1996. The township has no written standards. Therefore, the designation as substandard is an engineer's objective view. The Mayor closed the public hearing. Written objections were submitted by the following: William and Rita Spangler, 12811 62nd St. N.; Robert and Lucy Golish, 12563 62nd Street N.; DJ. Gascoigne and CJ. Elliott, 12601 62nd Street N.; Perry Furgala, 12525 62nd St. N.; Richard Huelsmann, 12610 62nd Street N.; Gregory and Patricia Machesney, 12727 62nd St. N.; Dan and Suzanne Berner, 12680 62nd St. N; Patrick and Jean Tynen, 12677 62nd St. N; and Kevin Shoeberg, 12730 62nd St. N. r Items discussed included replacing the street to its prior condition and delaying or eliminating the cul- de-sac construction. Council determined the adoption of the roll should be tabled to allow staff to work with the neighbors to attempt to reach an agreement. Motion by Councilrnember Thole, seconded by Councilrnember Bealka to table the adoption of the assessment roll to October 19, 1999, at 7 p.m. All in favor. UNFINISHED BUSINESS 1. Possible approval of agreement with City of Mahtomedi for construction ofa second ice sheet at the St. Croix Valley Recreation Center. Discussion was held during the 4:30 p.m. workshop. Motion by Councilrnember Bealka, seconded by Councilrnember Thole to have concept approval of the agreement with the City of Mahtomedi for construction of a second ice sheet at the St. Croix Valley Recreation Center. All in favor. 2. Possible ordering of plans and specifications for second ice sheet foundation footings - Ankeny Kell Architects P A. Discussion was held during the 4:30 p.m. workshop. ('vrotion by Councilrnember Thole, seconded by Councilrnember Cummings to adopt Resolution 99-290 ordering plans and specifications for second ice sheet foundation construction and naming Ankeny Kell Architects P A as architect for the construction of second ice sheet at the St. Croix Recreation Center. 10 City Council Meeting 99-22 ryes: Councilrnembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. . Nays: None. October 5,1999 Motion by Councilrnember Thole, seconded by Councilrnember Bealka naming George W. Olsen Construction Co. Inc., as construction manager for construction ofa second ice sheet at the St. Croix Valley Recreation Center. All in favor. Motion by Councilmember Thole, seconded by Councilmember Cummings directing the Community Development Director to apply for necessary variances and fulfill all zoning requirements for construction of a second ice sheet at the St. Croix Valley Recreation Center. All in favor. 3. Possible second reading ofinterirn ordinance extending moratorium by restricting and prohibiting building developments or subdivision on parts of the north hill. Motion by Councilrnember Thole, seconded by Councilrnember Cummings to have a second reading of interim Ordinance No. 882 extending a moratorium by restricting and prohibiting building developments or subdivision on parts of the north hill. Ayes: Councilrnembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays: None. NEW BUSINESS r 1. Resubdivision at 1599 McKusick Road for Brown's Creek Channel realignment. Oak Glen Limited Partnership, applicant. City Coordinator Kriesel presented a memo from Community Development Director Russell. The request is part of the relocation of Brown's Creek and the McKusick Lake Mitigation Project. The subdivision has no effect on the ability to develop the outlot or the new tracts ofland. The DNR will be the owner oftracts A,B,C,D, and E. Oak Glen Limited Partnership will remain the owner of the golf course and tract F. Motion by Councilrnember Cummings, seconded by Councilrnember Thole to adopt Resolution 99-291 approving resubdivision at 1599 McKusick Road for Brown's Creek Channel realignment, Oak Glen Limited Partnership, applicant, Case No. SUB/99-44. Ayes: Councilrnembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays: None. 2. Resubdivision at 1585 Amundson Lane, Lot 33, Block 1, Charles Tryon, applicant. City Coordinator Kriesel stated the request is to resubdivide Lots 32 and 33 by adding 10 feet along the north property boundary from Lot 32 to Lot 33. The lots are currently developed with single family homes. The new lots continue to meet the RA lot size zoning requirements. Gotion by Councilrnember Cummings, seconded by Councilrnember Thole to adopt Resolution 99-292 approving the resubdivision at 1585 Amundson Lane, Lot 33, Block 1, Charles Tryon, applicant, Case No. SUB/99-45. 11 City Council Meeting 99-22 ryes: Councilrnembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays: None. October 5,1999 COMMUNICATIONSIREOUESTS I. Tim Stefan, Mainstream Development Partnership - request for reevaluation of assessment. A letter was received from Tim Stefan stating he was in error in not protesting the method of assessment during the public hearing on the pedestrian lighting project for the downtown area. He requested the assessment method be reevaluated and to discuss the use of funds from remaining TIF or the general fund. City Attorney Magnuson stated a review can be done as a good-will measure. However, no written objection was filed. Motion by Councilrnember Thole, seconded by Councilrnember Bealka to refer the request from Tim Stefan for reevaluation of assessment method for downtown pedestrian lighting project to staff for review and recommendation. All in favor. COUNCIL REOUEST ITEMS (' Mayor Kimble noted the Minnesota House Capitallnvestment Committee will be meeting at the territorial prison site on October 6th to review the retaining wall and water situation. The meeting was arranged by Ed Cain, Legislative Associates. The Legislature will be reviewing the City's request for funding of the prison wall repair at the upcoming session. Mayor Kimble, Mr. Cain, and staff will be attending. Council is invited to attend. Councilrnember Zoller reported he attended a workshop with the Metropolitan Council relating to development choices for this area. The Metropolitan Council will provide a report to be used as a tool as the City sees fit. ST AFF REPORTS (continued) Police Chief Dauffenbach reported the police department will again be conducting a fireanns safety program for 12-year-olds. City Engineer Eckles reported Diane Ward recently left City employment. She prepared the assessment rolls for the hearings. Ninety-five percent of the rolls are done. He requested she be hired on a temporary basis to fmalize the rolls, with compensation to be at the same rate as her City salary. Motion by Councilrnember Thole, seconded by Councilrnember Zoller to adopt Resolution 99-293 approving a contract with Diane Ward for completion of the 1999 assessment rolls. Ayes: Councilrnembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. 0ays: None. 12 City Council Meeting 99-22 ("nJOURNMENT October 5,1999 Possible adjournment to executive session to discuss condemnation proceedings. Motion by Councilrnember Thole, seconded by Councilrnember Zoller to adjourn to executive session at 11 :25 p.m. All in favor. Attest: ~j ':"'1, j,~"--.. City Clerk c$g:"y Resolution 99- 277: Directing Payment of Bills Resolution 99-278: Contract with SafeAssure Consultants, Inc., for OSHA consultation Resolution 99-279: Relating to City of Stillwater tax rate authorization for Year 2000 Resolution 99-280: Authorizing publication of notice for modification of financing plan for TIF Districts 1 through 7, Development District No.1. Resolution 99-281: Relating to fmancing of certain proposed projects, establishing compliance with reimbursement bond regulations under the Internal Revenue Code ~esolution 99-282: Agreement with Otis for elevator maintenance ( 'esolution 99-283: Vacating drainage and utility easement with Outot E, Legends of Stillwater Resolution 99-284: Addendum No.2 to Development Agreement with Legends of Stillwater Partnership Resolution 99-285: approving the Comprehensive Plan Amendment changing the land use designation of 28 acres ofland located east ofCR 15 and north of 62nd Street from single family large and small lot (2-4 duJacre) to attached single family (6 duJacre), Case No. CPA/99-1. Resolution 99-286: approving the Planned Unit Development for a 142 unit cluster development and a 4.8 acre park on 28 acres, Case No. PUD/99-8, Pemtom Land Company, applicant. Resolution 99-287: approving a subdivision of the NW 1/4 of the SW 1/4 of the Bergmann Property for 142 Townhome lots and common area and a 4.8 acre park on 28 acres, Case No. SUB/99-9, Pemtom Land Company, applicant. Resolution 99-288: accepting the conveyance of Outlot C, Legends West Addition. Resolution 99-289: adopting assessment for Long Lake Southeast Watershed Area Water Quality Improvements associated with Curve Crest Boulevard Extension Street and Utility Improvements and Stillwater Market Place Surface Water Improvements, Project 9721, L.I. 342, with a 30-day window for removal of parcels limited to engineering determination that they should not be included in the project area. Resolution 99-290: ordering plans and specifications for second ice sheet foundation construction and naming Ankeny Kell Architects P A as architect for the construction of second ice sheet at the St. Croix Recreation Center. Resolution 99-291: approving resubdivision at 1599 McKusick Road for Brown's Creek Channel realignment, Oak Glen Limited Partnership, applicant, Case No. SUB/99-44. Resolution 99-292: approving the resubdivision at 1585 Amundson Lane, Lot 33, Block 1, Charles Tryon, applicant, Case No. SUB/99-45. resolution 99-293: approving a contract with Diane Ward for completion of the 1999 assessment rolls. Resolution 99-294: Contract with Diane Ward for maintenance of City web site Ordinance No. 882 extending a moratorium by restricting and prohibiting building developments or subdivision on parts of the north hill. 13 RECORD OF EXECUTIVE SESSION Date convened: Tuesday, October 5, 1999 Time convened: 11:25p.m Time adjourned: 11:40p.m, Members present: Mayor Kimble, Councilmembers: Bealka, Cummings, Thole and Zoller Members absent: None Also present: City Coordillator Kriesel and City Attorney Magnuson Purpose of Executive Session: To discuss possible purchase of property located on County State Aid Highway 15 and Boutwell Road, Motion by Councilmember Thole, seconded by Councilmember Bealka to direct City Attorney to present a purchase agreement to the owner of record for the purchase of property located at County State Aid Highway 15 and Boutwell Road, All in favor Motion by Councilmember Bealka, seconded by Councilmember Zoller to adjourn at11 :40 P,M. All in favoL #/4 Atl"t~ /;( ;{:A<.-". f City Coordinator RECORD OF EXECUTIVE SESSION Date convened: Tuesday, October 5, 1999 Time convened: 11:25p.m Time adjourned' 11:40p.m, Members present: Mayor Kimble, Councilmembers: Bealka, Cummings, Thole and Zoller Members absent: None Also present City Coordinator Kriesel and City Attorney Magnuson Purpose of Executive Session: To disclJss possible purchase of property located on County State Aid Highway 15 and Boutwell Road. Motion by Councilmember Thole, seconded by Councilmember Bealka to direct City Attorney to present a purchase agreement to the owner of record for the purchase of property located at County State Aid Highway 15 and Boutwell Road. All in favor. Motion by Councilmember Bealka. seconded by Council member Terry to adjourn at 11 :40 P,M. All in favoL c7#~ Attest: ...i.; .Y,/{;" City Coordinator " -, ,/