Loading...
HomeMy WebLinkAbout1994-06-07 CC MIN (" {\ r . REGULAR MEETING STILLWATER CITY COUNCIL MINUTES June 7, 1994 4:30 p.m, The Meeting was called to order by Mayor Hooley, Present: Council members Bodlovick, Cummings, Kimble, Zoller, and Mayor Hooley Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Comm. Dev, Director Russell City Engineer Eckles Finance Director Deblon Fire Chief Ness Police Chief Beberg Consulting Engineer Moore City Clerk Weldon , Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Others: Mike Polehna PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS Mike Polehna - New Ice Arena Task Force Mike Polehna, member of the new community center task force and the Parks and Recreation Board, stated that the Parks Board voted to support the proposed one percent City sales tax. He stated that the task force hopes to prepare an information packet for the public and asked for Council support, A hockey club fundraiser will be held on Friday night to raise money for the effort. STAFF REPORTS 1. Finance Director - Re-Aooortionment of Soecial Assessments for 1.1. 276. 289. and 293. Motion by Councilmember Cummings, seconded by Councilmember Bodlovick to adopt the appropriate resolution approving the re-apportionment of special assessments for Local Improvements 276, 289, and 293. (Resolution No. 94-135) Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley Nays - None r ("" r Stillwater City COWlcil Minutes Regular Meeting JWle 7, 1994 Finance Director Deblon informed COWlcil of the City's Legal Debt Margin, The Finance Director also informed COWlcil of future TIF changes due to changes in school district funding, Reauest bv Cottal1:es of Stillwater for Reducation of Pavable 1993 and 1994 Taxes Motion by COWlcilrnember Bodlovick, seconded by COWlcilrnember Kimble to deny the request by Cottages of Stillwater for reduction of payable 1993 and payable 1994 taxes. All in favor. 2. Police Chief - Reauest to Train Officers Motion by COWlcilrnember Bodlovick, seconded by COWlcilrnember Zoller to approve the $320 expenditure by the Police Department to train officers in a COWlty-wide training program. All in favor. Chief Beberg updated COWlcil on the status of the new record-keeping system. ChiefBeberg informed COWlcil of a major motion picture to be filmed in Stillwater. The producers will meet with COWlcil in the future. Mn/DOT and the State Highway Patrol will be running a 72-hour truck safety check in the former Hooley's parking lot starting today, Mr, Beberg informed COWlcil that he will be recommending removal of twelve parking spaces on South Third Street adjacent to the Cub Foods parking lot. 3, City Emzineer - Brick Pond Drainal!e Motion by COWlcilmember Bodlovick, seconded by COWlcilmember Zoller to direct the City Engineer to review the Brick Pond area drainage problem, All in favor. COWlcil discussed the sidewalk rehabilitation project on William Street and Myrtle Street and agreed to include these projects in the street rehabilitation project this summer, COWlcil discussed a petition from Hidden Valley Lane residents requesting reconstruction of the 2400 block of Hidden Valley Lane. COWlcil directed Mr. Eckles to respond to the petitioners that the street will be evaluated and possibly included in next year's street projects. t' (' (' Stillwater City Council Minutes Regular Meeting June 7, 1994 Mr, Eckles suggested that Council adopt a policy on street signage, 4. Community Develooment Director - Payment for Perro Creek Watershed Allocation Motion by Councilmember Bodlovick, seconded by Councilmember Zoller to adopt the appropriate resolution approving payment of the Perro Creek watershed improvement allocation of $1,800. (Resolution No. 94-136) Ayes - Councilmember Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley Nays - None 5. Fire Chief - Emoloyimz Part-Time Firefil!:hter Motion by Councilmember Bodlovick, seconded by Councilmember Cummings to adopt the appropriate resolution employing Jim Swanson as part-time firefighter. (Resolution No. 94-137) Ayes - Councilmembers Bodlovick, Cummings, Kimble and Mayor Hooley Nays - Councilmember Zoller 6, City Attornev - Condemnation of SE Area Prooertv Motion by Councilmember Kimble, seconded by Councilmember Cummings to adopt the appropriate resolution authorizing the City Attorney to proceed with eminent domain procedures for property in the Southeast area for right of entry. (Resolution No. 94-138) Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley Nays - None 7. Buildinl!: Official - Grease Trao Ordinance Motion by Councilmember Bodlovick, seconded by Councilmember Zoller to direct the City Attorney to write letters to all businesses which have not complied with the grease trap ordinance giving 30 clays notice to comply or the City will install and assess the costs to the business, All in favor. 3 (' (' c Stillwater City Council Minutes Regular Meeting June 7, 1994 Reauest to Emolov Shirlev Montbriand Motion by Councilmember Kimble, seconded by Councilmember Bodlovick adopting the appropriate resolution employing Shirley Montbriand on a part-time basis at $15 per hour as requested by the Building Official. (Resolution No. 94-145) Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley Nays - None RECESS Motion by Councilmember Bodlovick, seconded by Councilmember Cummings to recess the meeting at 6 p,m. All in favor. al_iL~c/~ MAYOR .. ATTEST:~t" fi,t..()~ CITY LERK Resolutions: No, 94-135 - Re-apportionment for LL 276, 289, and 293 No. 94-136 - Approving Perro Creek fair share payment No. 94-137 - Employing Jim Swanson as Part-time Firefighter No. 94-138 - Authorizing eminent domain for S.e, area property No. 94-145 - Employing Shirley Montbriand in the Building Dept 4 r (' (' ~ STILLWATER CITY COUNCIL MINUTES June 7, 1994 7:00 p.m. RECESSED MEETING The Meeting was called to order by Mayor Hooley. Present: Councilmembers Cummings, Bodlovick, Kimble, Zoller, and Mayor Hooley Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Comm. Dev. Director Russell City Engineer Eckles City Clerk Weldon Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Others: Dave Roettger, Daniel Ponath, Denise Ponath, Greg Ries, Chris Fossbinder, Mr. Malik, Margaret Kielsa, Dave Harvieux, Todd King, David Brekke, Tony Zanko, John Peterson, Greg Norgaard, Kathy King, Jim Blichfeldt, John Bannigan APPROVAL OF MINUTES Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to approve the minutes of the Special Meeting of May 10, 1994, and the Regular Meeting of May 17, 1994, All in favor. INDIVIDUALS. DELEGATIONS & COMMENDATIONS L Dave Roettszer - School District Drainal!e Motion by Councilmember Bodlovick, seconded by Councilmember Zoller to direct staff to meet with Dave Roettger to discuss drainage from school district property and Cottages of Stillwater and make a recommendation to Council. All in favor, 2. Daniel and Denise Ponath - Hiszhlands Drainasze Denise Ponath informed Council of a problem with drainage onto her property from Lily Lake School. City Engineer Eckles reported that he inspected the property yesterday and found that the grading is not appropriate. Mr. Ponath stated that the school district storm sewer is the cause of the problem, r Stillwater City Council Minutes Recessed Meeting June 7, 1994 Greg Ries, 1284 Benson, stated that he is unhappy with the grading and the drainage is not appropriate, Chris Fossbinder, 1292 Benson, stated that the elevation plans were not followed, Mr. Malik, 1050 Gilbert Court, also spoke about the drainage problems. Council agreed that staff should review the situation before Council takes any action to resolve the issue. 3, Marl!aret Kielsa - Petition for Hidden Vallev Lane uDluade. City Engineer Eckles explained the plan to patch and fill Hidden Valley Lane, with possible reconstruction next year. 4. Solid Waste Advisorv Committee - Tim Schrnolke This item was rescheduled for the June 21, 1994 meeting. PUBLIC HEARINGS r 1. Case No. SUB/94-18. This is the day and time for the public hearing to consider a preliminary plat approval for a subdivision of a 3,46 acre parcel of property into 3 lots of 42,322 sq. ft., 39,121 sq. ft. and 67,785 sq. ft, The property is located south and east of Green Twig Way in the RA, Single Family Residential District Janet and Richard Kutz, applicants. Notice of the hearing was placed in the Stillwater Gazette on May 2, 1994, and notices mailed to affected property owners. Community Development Director Russell explained the Subdivision request. Don Valsvik, Acting Planning Commission Chairman, reported that the Planning Commission's vote was 3 in favor, 5 opposed, He stated that the Commission was concerned about the wetlands environment, and sewer service for lot 3. Dave Harvieux, 1172 Parkwood Lane, representing the applicants, stated that all conditions from a previous application were met, and none of the wetlands will be affected, Todd King, 210 Wildwood Court, south of the proposed development, requested that the City deny the subdivision request because of the complexity of the wetlands regulations and determination of wetland delineation. Mr, Harvieux responded that the applicants have provided the City with a report from the Washington County Soil and Water Conservation District, and the delineation has been verified, r 2 (' Stillwater City Council Minutes Recessed Meeting June 7, 1994 David Brekke, 645 Eagle Ridge Trail, stated that the impact of a 32 foot wide road will create drainage problems on his property, Tony Zanko, 540 Eagle Ridge Trail, stated that this area is in a flood plain according to a map. Mr, Russell responded that this is not in a flood plain. John Peterson, 480 Eagle Ridge Trail, stated that this application was previously rejected by the Council, and the only change in the second application is the widening of the street from 24 to 32 feet. He stated that the neighbors are uniformly opposed to the development. Mr. Russell addressed the wetland delineation concern. He suggested a condition of preliminary plat approval could require that a full delineation of the wetland be completed before final plat approval. Greg Norgaard, 380 Wildwood Court, suggested a formal report from the Corps of Engineers be required before approval. He requested that the City purchase the site to maintain it as an open area and wetland. r Kathy King, 210 Wildwood Court, stated that there is neighborhood opposition to the development, and asked about pursuing the City's purchase of the land, Jim Blichfeldt, brother of the property owner, stated that the potential buyers want to develop the property and have hired all the necessary professionals. John Bannigan, attorney for the applicants, stated that all the standards in the City code have been met. Mayor Hooley closed the Public Hearing. City Attorney Magnuson reviewed the Council's obligations in making a decision. Council continued discussion of the options. Motion by Councilmember Cummings to concur with the Planning Commission and deny the subdivision request. Motion died for lack of a second. City Attorney Magnuson advised Council to take a straw vote directing Staff to prepare a resolution for the next meeting adopting the findings necessary for denial. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to table Case No, SUB/94-18, until additional information necessary to make a decision is obtained. Ayes - 4; Nays - I, Councilmember Cummings. r 3 (' r r Stillwater City Council Minutes Recessed Meeting June 7, 1994 UNFINISHED BUSINESS 1. Awardinl! bid for sale of: $1,485,000 General Obligation Improvement Bonds, Series 1994B $4,800,000 General Obligation Tax Increment Bonds, Series 1994C $170,000 General Obligation Capital Outlay Bonds, Series 1994D Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt the appropriate Resolution awarding the sale of$I,485,OOO General Obligation Improvement Bonds, Series 1994B to Dain Bosworth. (Resolution No. 94-139) Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley. Nays - None Motion by Councilmember Kimble, seconded by Councilmember Bodlovick adopting the appropriate resolution awarding the sale of $4,800,000 General Obligation Tax Increment Bonds, Series 1994C, to Smith Barney Shearson. (Resolution No. 94-140) Ayes - Councilmembers Bodlovick, Kimble, Zoller and Mayor Hooley Nays - None Abstain - Councilmember Cummings Motion by Councilmember Bodlovick, seconded by Councilmember Zoller to adopt the appropriate Resolution awarding the sale of $170,000 General Obligation Capital Outlay Bonds, Series 1994D to Dain Bosworth. (Resolution No. 94-141) Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley Nays - None (Council recessed for five minutes and reconvened at 8:55 p.m. Councilmember Bodlovick was absent for the remainder of the meeting.) NEW BUSINESS I. CSAH 5 Reconstruction and Sil!nal Installation: Concurrence of award of bid to Shafer Contractinl!. Motion by Councilmember Kimble, seconded by Councilmember Zoller to concur with the awarding of the bid for CSAH 5 reconstruction and signal installation to Shafer Contracting. All in favor. 4 (' r (\ Stillwater City Council Minutes Recessed Meeting June 7, 1994 2. Resolution: Annroval of Final PIal Hil!hlands of Stillwater. 6th Addition. Steve Fiterman Ground Develonmenl Case No. SUB/94-26. Motion by Councilmember Kimble, seconded by Councilmember Cummings to continue the approval of final plat, Highlands of Stillwater, 6th Addition, Steve Fiterman, Ground Development, Case No. SUB/94-26, until the drainage issue is resolved. All in favor. 3. Resolution: Declarinl! Adeauacv of Petition and Orderinl! Prenaration of renort and develonment 8l!1'eement for Hil!hlands of Stillwater. 6th Addition. Motion by Councilmember Kimble, seconded by Councilmember Cummings to continue action on declaring adequacy of petition and ordering preparation of report and development agreement for Highlands of Stillwater, 6th Addition, until the drainage issue is resolved. All in favor. 4. Resolution: AnDrove Al!reement with Oak Park Heil!hts for sanitary sewer hook-un for Southeast Area residents. Motion by Councilmember Kimble, seconded by Councilmember Cummings to adopt the appropriate resolution approving the agreement with Oak Park Heights for sanitary sewer hook-up for Southeast Area residents and authorizing the Mayor to sign. (Resolution No. 94-143) Ayes - Councilmembers Cummings, Kimble, Zoller and Mayor Hooley Nays - None 5. Investil!ation of Stillwater City DUffin Site. Motion by Councilmember Kimble, seconded by Councilmember Zoller to direct Staff to prepare a request for proposals (RFP) for selection of a consultant to prepare a phase one and phase two investigation of the Stillwater City Dump Site. All in favor. 6. Lowell Park - Discussion of Plans and Snecifications. Motion by Councilmember Kimble, seconded by Councilmember Zoller to direct the Community Development Director to obtain a proposal from the firm of Sanders, Wacker, Wherman and Bergley on an estimate of costs to prepare the plans and specifications for the Lowell Park improvements as it relates to the levee wall as required by the Corps of Engineers. All in favor. 7. State Hil!hwav 36 - Access Plan. 5 (' r r Stillwater City Council Minutes Recessed Meeting June 7, 1994 Motion by Councilmember Kimble, seconded by Councilmember Cummings to direct Staff to write a letter to Mn/DOT requesting a Stillwater area representative be appointed to the task force, and indicating the support of the alternative plan. All in favor. 8. Cost estimates for oroiects which could be funded bv I Dercent tax ootion. Community Development Director Russell presented a list of projects which could be funded by the one percent sales tax option. James Laskin, downtown business owner, stated that needs should be identified before determining ways to pay. Motion by Councilmember Kimble, seconded by Councilmember Cummings to direct staff to coordinate the preparation of a newsletter on one percent sales tax benefits with costs not to exceed $2,500. Ayes - 3; Nays I, Mayor Hooley. 9. Reauest for assistance to clean uo downtown railroad. Motion by Councilmember Kimble, seconded by Councilmember Cummings to direct staff to work with the Downtown Council for in-kind assistance in supporting the request by the Minnesota Zephyr for clean up of the railroad bed. All in favor. 10. Resolution: ADoroval of Labor Relations Contracts Motion by Councilmember Kimble, seconded by Councilmember Cummings to adopt the appropriate resolution approving the 1994/95 revised labor agreements for AFSCME Council 14, IUOE Local 49, and Stillwater Firefighters Association. (Resolution No. 94-144) Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley Nays - None UNFINISHED BUSINESS (Continued) Estimate of cost for Asbestos Studv of City Hall Motion by Councilmember Zoller, seconded by Councilmember Kimble to adopt the appropriate resolution approving a contract with NOVA Environmental for an asbestos study of City Hall at a cost of $2,039. (Resolution No. 94-142) 6 r r r Stillwater City Council Minutes Recessed Meeting June 7, 1994 Ayes - Councilmembers Cummings, Kimble, Zoller, and Mayor Hooley Nays - None Uodate on Comorehensive Plan MeetinlZ Community Development Director Russell updated Council on the Comprehensive Plan Meeting of June 6, 1994. CONSENT AGENDA Motion by'Councilmember Kimble, seconded by Councilmember Cummings to adopt the appropriate resolution approving the consent agenda, removing items No.2 and 8, and including the following: 1. Directing Payment of Bills (Resolution No. 94-134) Ayes - Councilmembers Cummings, Kimble, Zoller, and Mayor Hooley Nays - None 2. 3. 4. 5. 6. 7. 8. 9. Resolution: Approve Change Order No.2, SE Area Sanitary Sewer, L.I. 285, $5,000 reduction for change in insurance requirements. (Deleted) Approval: Permit to Consume - Croix Valley Glass. Approval: Purchase and installation of central hydraulic system for one-ton truck. Approval: Hire three temporary part-time summer workers for Public Works. Approval: Request for installation of street lights at two locations: I. Tuenge Drive and 60th Street 2. Carnelian Street and St. Croix Avenue. Approval: City Clerk to attend Municipal Clerks Institute. Approval: Hire part-time firefighter. (Deleted) Approval: Hang banner 1. St. Michael's Parish Festival 2. Wild West Weekend Approval: Utility bill adjustments 10. COMMUNlCATIONSIREOUESTS I. Board of Water Commissioners: Reauest for reaonointment of James Weaver. Motion by Councilmember Kimble, seconded by Councilmember Zoller to affirm the Mayor's reappointment of James Weaver to the Board of Water Commissioners. All in favor. 7 ('. r r Stillwater City Council Minutes Recessed Meeting June 7, 1994 2. City of Afton: Reauest for resolution directinl! LMCIT to comDlv with Court of Anneals decision. Motion by Councilmember Kimble, seconded by Councilmember Cummings to adopt the appropriate resolution requesting the League of Minnesota Cities Insurance Trust to comply with the Court of Appeals decision regarding Afton City officials. (Resolution No. 94-146) Ayes - Councilmembers Cummings, Kimble, Zoller and Mayor Hooley Nays - None STAFF REPORTS (Continued) City Coordinator - Motion by Councilmember Kimble, seconded by Councilmember Zoller to provide insurance for the Fourth of July Fireworks sponsored by Cub Foods. All in favor. Motion by Councilmember Kimble, seconded by Councilmember Cummings to approve the agreement with the American Wind Symphony Orchestra for a performance in Stillwater at a cost of $15,000. Ayes - 3; Nays - I, Councilmember Cummings. Motion by Councilmember Zoller, seconded by Councilmember Kimble to direct staff to prepare an ordinance requiring a deposit or an as-built survey by developers to prevent future grading and drainage problems. All in favor. ADJOURNMENT Motion by Councilmember Kimble, seconded by Councilmember Cummings to adjourn the meeting at 10:20 p.m. All in favor. a~J.. ~/~~t MAYOR ATTEST: tLC 0 /~.r- TY CLERK 8 r (". r Stillwater City Council Minutes Recessed Meeting June 7, 1994 Resolutions: No. 94-134 - Payment of Bills No. 94-139 - Sale of $1,485,000 G.O. Bond to Dain Bosworth No. 94-140 - Sale of $4,800,000 G.O. Bond to Smith Barney No. 94-141 - Sale of$170,000 G.O. Capital Outlay Bond to Dain Bosworth No. 94-142 - Contract with NOVA Environmental No. 94-143 - Agreement with OPH for sanitary sewer hook-up for SE Area No. 94-144 - Approving labor relations contracts Submitted by: Shelly Schaubach Recording Secretary 9