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Home My WebLink About1994-05-03 CC MIN r r r STILL WATER CITY COUNCIL MINUTES REGULAR MEETING May 3, 1994 4:30 p.m. The meeting was called to order by Mayor Hooley. Present: Councilmembers Bodlovick, Cummings, Funke, Kimble (arrived at 5:15 p.m.) and Mayor Hooley Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon City Engineer Eckles Consulting Engineer Moore Police Chief Beberg City Clerk Weldon Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Others: Pete Smith, Jim Davy, Dick Olsen, Barry Stegberg, Richard Zimmerman PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS I. Discussion of City Hall Buildinl!: Proiect - Pete Smith. BWBR Council met with Pete Smith and Jim Davy of BWBR to discuss the City Hall Building Project. Pete Smith discussed the alternative plans. Jim Davy discussed goals and objectives, and explained plans for a vertical expansion. Dick Olsen of George Olsen Construction discussed cost estimates for the proposed remodeling and addition to the building. (Councilmember Kimble arrived.) Motion by Councilmember Funke, seconded by Councilmember Kimble to adopt the appropriate resolution accepting the feasibility study and directing the architects to prepare plans and specifications for the City Hall Building Project, Alternative 1 - Third floor, east wing addition. (Resolution No. 94-109) (' o (1 Stillwater City Council Minutes Regular Meeting May 3, 1994 Ayes - Councilmembers Cummings, Funke, and Kimble Nays - Councilmembers Bodlovick and Mayor Hooley City Attorney Magnuson advised the Council that a Public Improvement Hearing would be required before the bond sale. Motion by Councilmember Funke, seconded by Councilmember Kimble to direct Staff to prepare contracts with Olsen Construction Company and BWBR Architects. All in favor. BOARD OF REVIEW Council met with Barry Stagberg, Washington County Assessor's Department, to discuss his recommendations to the Board of Review. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt the appropriate resolution accepting the Board of Review recommendations. (Resolution No. 94-110) Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble, and Mayor Hooley Nays - None STAFF REPORTS 1. Fire Chief - Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to adopt the appropriate resolution promoting Tim Bell to Assistant Fire Chief. (Resolution No, 94-111) Ayes - Councilmembers Bodlovick, Cwnrnings, Funke, Kimble, and Mayor Hooley Nays - None PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS (CONTINUED) 2. WorkshoD on TIF Reauesi for Comer Store ShoDs - Richard Zimmerman Council met with Richard Zimmerman, Developer of a 19,115 square foot commercial center on County Road 5 and Wesi Orleans Street, to review his request for Tax Increment Financing Assistance for the development. Comm, Dev. Director Russell explained which portion of the site is eligible for TIF, 2 r Stillwater City Council Minutes Regular Meeting May 3, 1994 Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to direct Staff to prepare the necessary information, including valuation of property, regarding TIF request for the Comer Store Shops, for the May 17 City Council meeting. All in favor, STAFF REPORTS (CONTINUED) L Finance Director - Finance Director Deblon presented a report on 1994 payable TIF. The report indicated that TIF revenue was down by $100,000. However this will not affect the financing of current TIF projects, 2. City Enl!:ineer - Motion by Councilmember Kimble, seconded by Councilmember Funke to loan the City's chipper to Stillwater Township for tornado damage cleanup. All in favor. 3, Consultinl!: Enl!:ineer - r Motion by Councilmember Kimble, seconded by Councilmember Funke to adopt the appropriate resolution approving Cooperative Agreement No. 72040 between the Minnesota Department of Transportation and the City of Stillwater, for TH36 North Frontage Road between Washington Avenue and Curve Crest Boulevard, (Resolution No. 94-107) Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble, and Mayor Hooley Nays - None Motion by Councilmember Kimble, seconded by Councilmember Cummings to adopt the appropriate resolution approving a letter to the Minnesota Department of Transportation requesting elimination of twin trailer trucks, etc. from the interstate bridge. (Resolution No, 94- 108) Ayes - Councilmembers Cummings, Funke, Kimble, and Mayor Hooley Nays - Councilmember Bodlovick ADJOURNMENT Motion by Councilmember Kimble, seconded by Councilmember Funke to adjourn the meeting at 6:20 until 7:00 p.m, All in favor, r , 3 (" (' r Stillwater City Council Minutes Regular Meeting May 3, 1994 ATIEST:~&4t1c 11 )d~ CIT CLERK Resolutions: No, 94-107 - Agreement 72040 with MNIDOT No. 94-108 - Requesting removal of twin trailer routes from Hwy, 36 No. 94-109 - Accept feasibility study and prepare plans and specs, for Alt.I, Third Floor/East Wing Addition to City Hall No, 94-110 - Accept Board of Review recommendations No. 94-111 - Promote Tim Bell to Asst. Fire Chief Submitted by: Shelly Schaubach Recording Secretary 4 (' (' c STILLWATER CITY COUNCIL MINUTES RECESSED MEETING May 3, 1994 7:00 p,m. The meeting was called to order by Mayor Hooley. Present: Councilmembers Bodlovick, Cummings, Funke, Kimble, and Mayor Hooley Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon City Engineer Eckles Consulting Engineer Moore Fire Chief Ness City Clerk Weldon Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Others: Doug Swanson, Everett Doolittle, Victor Myers, Richard Kilty, John Curtain, Ned Souder, Tim Stefan, Jeff Johnson, Shawn Draper, David Johnson, and David Paradeau APPROVAL OF MINUTES Motion by Councilmember Cummings, seconded by Councilmember Bodlovick to approve the minutes of the Special and Regular Meetings of April 19, 1994, and the Special Meeting of April 26, 1994. INDIVIDUALS. DELEGATIONS & COMMENDATIONS 1. Commendation for Dou!! Swanson Mayor Hooley presented Investigator Doug Swanson with a commendation for his investigative work in solving a crime, Mayor Hooley also presented Everett Doolittle, Special Agent with the Bureau of Criminal Apprehension, with a certificate of appreciation for his work in solving the crime, 2. Victor Mvers - First Ward Neil!bbors Victor Myers, representing First Ward Neighbors for a Better Stillwater, read a letter regarding the Ward 1 Council vacancy, r' Stillwater City Council Minutes Recessed Meeting May 3, 1994 3. Presentation of Historic Preservation Awards City Planner Ann Pung-Terwedo introduced Jeff Johnson, chairman of the Historic Preservation Commission who presented Preservation Awards to the following individuals: Richard Kilty, John Curtin, Ned Souder, and Tim Stefan. 4. Presentation of Award to Councilmember Funke Mayor Hooley presented an award to Councilmember Gary Funke for his service on the Stillwater City Council. 5. Shawn Draoer. Chamber of Commerce - Discussion of Business License Shawn Draper, Chairman of the Stillwater Chamber of Commerce, presented a request to meet with the City Attorney to discuss Ordinance No, 783, requiring business licenses. Mayor Hooley requested that Fire Chief Ness explain the purpose of the business license. City Coordinator Kriesel also explained the background of the ordinance. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to direct the City Attorney to meet with the Chamber of Commerce, the Bar Association, and the Ministerial Association. All in favor. (' 6. Final I!radinl! at residence - David Johnson Highlands of Stillwater resident David Johnson described drainage problems he is experiencing at his residence, along with two neighbors. He is unable to resolve the problems with the builder, and is requesting that the City support his claim that the swail is improperly located. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to direct the City Staff to help resolve the drainage problem at Highlands of Stillwater, All in favor. 7. St. Croix & Stillwater Transit Co. - David Paradeau Mr. Paradeau requested an easement to attach a siding next to the Minnesota Zephyr to accommodate the proposed trolley, next to the City parking lot on the south side of Laurel Street. Motion by Councilmember Kimble, seconded by Councilmember Funke to direct Staff to prepare an easement over City property at the North Main Street parking lot, and authorizing the Mayor and City Clerk to sign the easement. All in favor, Council addressed the safety concern of the trolley crossing at Chestnut. Mr, Paradeau reported that Minnesota Department of Transportation officials will be looking at the situation and will make a recommendation. r 2 r Stillwater City Council Minutes Recessed Meeting May 3, 1994 NEW BUSINESS 1. Resolution Authorizinl! Issuance and Sale of Bonds Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt the appropriate resolution approving the issuance and sale of the following bonds: $1,485,000 General Obligation Improvement Bonds, Series 1994B; $4,800,000 General Obligation Tax Increment Bonds, Series 1994C; and $170,000 General Obligation Capital Outlay Bonds, Series 1994D. (Resolution No. 94-106) Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble, and Mayor Hooley Nays - None PUBLIC HEARINGS 1. Case No, SV/94-12, This is the day and time for the public hearing to consider a street vacation for a 60 ft. x 150 ft. portion of South Harriet Street between West Willard Street and West Abbot Street in the RB, Two Family Residential District. Scott Shely, Applicant. Notice of the hearing was placed in the Stillwater Gazette on April 1, 1994, and mailed to affected property owners. r Comm. Dev. Director Russell explained the request. Staff and the Planning Commission recommended approval of the Street Vacation. Mayor Hooley closed the Public Hearing, Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt the appropriate resolution approving the request for a Street Vacation of a 60 ft. x 150 ft, portion of South Harriet Street between West Willard Street and West Abbot Street, Case No. SV/94-12. (Resolution No, 94-112) Ayes - Councilmembers Bodlovick, Cummings, Kimble, and Mayor Hooley Nays - None Absent - Councilmember Funke 2, Case No, SV/94-15. This is the day and time for the public hearing to consider a street vacation for a portion of Cedar Street between East Laurel Street and the wall of the Territorial Prison Site (Maple Island Dairy). The property is located at 602 North Main Street in the CBD, Central Business District. Washington County Historical Society, Applicant. r 3 (' r (' Stillwater City Council Minutes Recessed Meeting May 3, 1994 Notice of the hearing was placed in the Stillwater Gazette on April I, 1994, and mailed to affected property owners. Mr. Russell explained the request. Charles Weber, Washington County Historical Society explained the plans to build a carriage house on the property. Mayor Hooley closed the Public Hearing. Motion by Councilmernber Bodlovick, seconded by Councilrnember Funke to adopt the appropriate resolution approving the street vacation for a portion of Cedar Street between East Laurel Street and the wall of the Territorial Prison Site (Maple Island Dairy), Case No. SV/94-IS. (Resolution No. 94-113) Ayes - Councilrnembers Bodlovick, Cummings, Funke, Kimble, and Mayor Hooley Nays - None 3. Case No. SUB/94-17. Ibis is the day and time for the public hearing to consider a preliminary plat approval for a major subdivision of a 3.66 acre parcel into six lots ranging in size from 13,977 square feet to 46,497 square feet. The property is located on the northwest comer of County Road 12 and Boutwell Road in the RA, Single Family Residential District, Clark R. Nyberg, Applicant, Notice of the hearing was placed in the Stillwater Gazette on April I, 1994, and mailed to affected property owners. Mr, Russell explained the request, and reported that the Planning Commission unanimously approved the request with 13 conditions, Bill Lecuyer, 746 Wildwood Lane, develope\' of Wildwood Pines, stated that he is proceeding with development across Boutwell from the proposed subdivision. Motion by Councilmember Kimble, seconded by Councilmember Cummings to adopt the appropriate resolution approving the preliminary plat for a major subdivision of a 3,66 acre parcel into six lots ranging in size from 13,977 sq. ft. to 46,497 sq. ft., Case No, SUB/94-17, as conditioned. (Resolution No, 94-114) Ayes - Councilrnembers Bodlovick, Cummings, Funke, Kimble, and Mayor Hooley Nays - None 4 (' r (' Stillwater City Council Minutes Recessed Meeting May 3, 1994 4. Case No. SOO/94-22. This is the day and time for the public hearing to consider a preliminary plat for a major subdivision of a 5 acre parcel into nine (9) lots ranging in size from 12,506 sq. ft. to 33,916 sq, ft. The property is located at 1524 West Myrtle Street in the RA, Single Family Residential District Richard Huelsmann, Applicant, Notice of the hearing was placed in the Stillwater Gazette on April I, 1994, and mailed to affected property owners. Mr, Russell explained the request The Planning Commission unanimously approved the request Richard Huelsmann addressed Council regarding the conditions of approval. Ray Lundgren, 224 Birchwood Drive, expressed his concern with drainage onto his property, Council discussed the City's options for the grading issues. Mayor Hooley closed the public hearing, Motion by Councilmember Cwnmings, seconded by Councilmember Funke to adopt the appropriate resolution approving the preliminary plat for a major subdivision of a 5 acre parcel into nine (9) lots ranging in size from 12,506 sq. ft. to 33,916 sq, ft" Case No. SOO/94-22, as conditioned. (Resolution No, 94-115) Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble, and Mayor Hooley Nays - None Motion by Councilmember Funke, seconded by Councilmember Kimble to adopt the appropriate resolution directing the City Engineer to prepare a feasibility study for the Huelsmann subdivision, Case No. SUB/94-22, (Resolution No. 94-120) Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble, and Mayor Hooley Nays - None Motion by Councilmember Kimble, seconded by Councilmember Funke to direct the City Attorney to prepare a development agreement for the Huelsmann subdivision, Case No, SUB/94- 22, All in favor, UNFINISHED BUSINESS I. Possible fIrst reading of an Ordinance amending the City Charter to include Land Use Regulations as proposed by the Charter Commission, 5 c n C' Stillwater City Council Minutes Recessed Meeting May 3, 1994 Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to have a first reading by title of an ordinance amending the City Charter to include Land Use Regulations as proposed by the Charter Commission. Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble, and Mayor Hooley Nays - None 2. Update on request by petition for city purchase of property near Green Twig Way for city park. Motion by Councilmember Funke, seconded by Councilmember Bodlovick to table action for three months on the petition for city purchase of property near Green Twig Way for a city park. All in favor. (Council recessed for ten minutes and reconvened at 9:10 p,m.) 3. Official naming of park for the Highlands of Stillwater. Motion by Councilmember Kimble, seconded by Councilmember BodIovick to adopt the appropriate resolution naming the park at Highlands of Stillwater Benson Park. (Resolution No. 94-116) Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble, and Mayor Hooley Nays - None 4. Review of Phase II Comprehensive Plan alternatives. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to include a complete no growth alternative as an option to the Comprehensive Plan Alternatives for the Phase II study. All in favor. 5. Discussion of preparation of report on benefits of 1 % sales tax. Motion by Councilmember Cummings,. seconded by Councilmember Funke to appoint a Councilmember to work with Staff in preparing a 1 percent sales tax project report. Ayes - 2; Nays - 3, Councilmembers Bodlovick, Kimble, and Mayor Hooley, Motion by Councilmember Kimble, seconded by Councilmember Cummings to direct Staff to prepare a report outline describing the projects that could result from funds generated by a 1 percent sales tax. Ayes - 3; Nays - 2, Councilmembers Bodlovick and Mayor Hooley. 6 (' ('" (" Stillwater City Council Minutes Recessed Meeting May 3, 1994 6. Selection of Consultant for Environmental Study, Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to accept the bid by Concept Environmental Services for $7,686 for cleanup of petroleum contamination from 203-205 North Main Street. All in favor. Council directed the City Engineer to report back to Council with additional research on the cleanup of the North Third Street dump site. 7. Levee Wall Project Councilmember Funke reported that plans and specifications for the levee wall must be submitted and approved by December. Comm, Dev. Director Russell will follow up. NEW BUSINESS (CONTINUED) 1. Possible appointment to SAEDC. 2. SAEDC - Request for Funding. Don Broman, president of SAEDC reported to Council that the by-laws require a City representative as a member of SAEDC, and that a vacancy will exist with the resignation of Councilmember Funke. Neal Casey, executive director and Jim Kellison, incoming president were introduced. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to table the funding request and appointment of new member to SAEDC until May 16, 1994, All in favor. PETITIONS. INDMDUALS. AND DELEGATIONS (CONTINUED) Richard Kilty asked why the City is investigating the property at 203 North Main Street. City Engineer Eckles explained that there is a pollution problem below ground level. CONSENT AGENDA Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt the appropriate resolution approving the Consent Agenda of May 3, 1994, including the following: 1. Directing Payment of Bills (Resolution No. 94-103) Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble, and Mayor Hooley Nays - None 7 (" l' r Stillwater City Council Minutes Recessed Meeting May 3, 1994 2, Applications 3. Accepting work and directing final payment - Jr. High Demolition (Resolution No, 94-119) 4. Approval of Peddlers License. (Removed from Consent Agenda) 5. Request to attend conference - Cindy Geis. 6. Approve employment of part-time seasonal worker (July 5, 1994) (Resolution No. 94-118) 7. Approve purchase of two (2) push mowers for Parks Department. 8. Approval to submit claim of George McFadden to insurance carrier. Peddlers License ADDlications: Marjorie Cromie and David Rochlin Motion by CounciImember Kimble, seconded by CounciImember Funke to approve the request by David Rochlin to sell Glow Necklaces in and around the City Parks on July 4, 1994, and to approve the request by MaIjorie Cromie for a one-year Peddlers Permit to sell in areas around the parks, but not in the parks. Ayes - 3; Nays - 2, CounciImember Cummings and Mayor Hooley. STAFF REPORTS (CONTINUED) I. City Coordinator - City Coordinator Kriesel noted that several requests have been received to hold Comprehensive Plan Update meetings at locations other than City Hall. Council directed Staff to select a location and return with a recommendation to Council. Pavrnent to Lumberjack Davs Motion by CounciImember Bodlovick, seconded by CounciImember Kimble to approve adding to the list of bills: $4,000 to Lumberjack Days. All in favor. McKusick Lake Walkwav Motion by CounciImember Bodlovick, seconded by CounciImember Cummings to direct Staff to prepare a feasibility study for the McKusick Lake Walkway, All in favor. COUNCIL REOUEST ITEMS CounciImember Funke noted that he has been pleased to work with the Council and Staff for the past three and one-half years as a member of the City Council. Mayor Hooley noted the opening of the Stillwater Book Center scheduled for May 27 or 28. 8 (" (" r Stillwater City Council Minutes Recessed Meeting May 3, 1994 There was discussion of the Council vacancy occurring on May II, with the resignation of Councilrnember Funke, Council discussed methods of filling the vacancy, and determined that a questionnaire should be prepared for the applicants, The City Coordinator was directed to prepare a questionnaire to be distributed to the applicants. ADJOURNMENT Motion by Councilrnember Bodlovick, seconded by Councilrnember Kimble to adjourn the meeting at 10:45 p.m. All in favor. flL.ffL~~ MAYO ATTEST:~~Q. (,l.O~_ IT CLERK Resolutions: No. 94-103 - Directing payment of bills No. 94-106 - Issuance and sale of bonds No. 94-112 - Street vacation, SV/94-12 No, 94-113 - Street vacation, SV /94-15 No, 94-114 - Preliminary plat approval, SUB/94-17 No. 94-115 - Preliminary plat approval, SUB/94-22 No, 94-116 - Naming Benson Park No. 94-117 - Accepting bid by Concept Environmental Services No, 94-118 - Part-Time employment of Dave O'Brien No. 94-119 - Final Payment - Demolition of West Wing Jr. High No. 94-120 - Order Feasiblity Report for SUB/94-22 Submitted by: Shelly Schaubach Recording Secretary 9