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HomeMy WebLinkAbout1994-08-02 CC MIN r ~ c! r CITY OF STILLWATER CITY COUNCIL MEETING NO. 94-25 MINUTES REGULAR MEETING August 2, 1994 4:30 p.m. The Meeting was called to order by Mayor Hooley. Present: Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Police Chief Beberg Fire Chief Ness City Engineer Eckles City Planner Pung- Terwedo Consulting Engineer Moore Police Captain Bell City Clerk Weldon Press: Mike Marsnik, Stillwater Gazette Julie Kink, The Courier Others: Pete Smith, Dick Olsen STAFF REPORTS 1. Police Chief - Chief Beberg reported on LumbeIjack Days. 2. Public Works Director - City Engineer Eckles reported that the drainage repair at 786 Eagle Ridge Trail has been completed. Council discussed the southeast area sanitary sewer project. Mr. Eckles stated that the completion date is November 12. 3. ConsultinlZ Enl!ineer - Consulting Engineer Moore reported on the southeast area sanitary sewer project. Mr. Moore proposed that SEH pay the cost of pumps to sewer three homes in the area because they were not aware of the availability of a gravity sewer. c r r Stillwater City Council Minutes Regular Meeting August 2, 1994 :,,; I ,., 'NI j Motion by Councilmember Bodlovick, seconded by Councilmember Cummings to accept the offer of Short-Elliott-Hendrickson to pay the costs of the lift stations for sewer service to three homes in the southeast area. All in favor. 4. Fire Chief - Fire Chief Ness requested additional equipment to meet the ISO Case III rating requirements. Motion by Councilrnember Kimble, seconded by Councilmember Cummings to approve the request by the Fire Chief to purchase additional equipment, to ask permission for use of the training tower at the City of White Bear, and to ask the County Commissioner if it is possible to staff two dispatchers. All in favor. WORKSHOP - CITY HALL BUILDING PROJECT Pete Smith, BWBR Architects, and Dick Olsen, G.W.O. Construction, met with Council for a workshop on the proposed City Hall building project. Pete Smith reviewed the planning process. Dick Olsen reviewed the various options and cost estimates of each option. Council discussed whether an appraisal of the existing building would be necessary at this time. OTHER BUSINESS Motion by Councilrnember Kimble, seconded by Councilrnember Cummings to authorize the City Coordinator to work with Dave Swanson at the American Legion to purchase flags and standards for the downtown and to have them up by Labor Day. All in favor. Motion by Councilmember Bodlovick, seconded by Councilmember Zoller to adopt the appropriate resolution commending Sheriff James Trudeau for 16 years of service as Washington County Sheriff. (Resolution No. 94-191) Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley Nays - None 2 c c r Stillwater City Council Minutes Regular Meeting August 2, 1994 RECESS The meeting recessed at 6:05 p.m. ATTEST:--9Al P: I J JJtlrn. CITY CLERK Resolutions: No. 94- - Commending Sheriff Trudeau AI Submitted by: Shelly Schaubach Recording Secretary ~f.~ YM'~-r MAYOR 3 c (' r CITY OF STILLWATER CITY COUNCIL MEETING NO. 94-25 MINUTES RECESSED MEETING August 2, 1994 7:00 p.m. The Meeting was called to order by Mayor Hooley. Present: Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson City Engineer Eckles City Planner Pung- Terwedo City Clerk Weldon Press: Mike Marsnik, Stillwater Gazette Julie Kink, The Courier Others: Todd Weiss, Corey Mohan, Julie Prokop, Bob Medcraft, Gary Funke, APPROVAL OF MINUTES Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to approve the minutes of the Regular and Recessed Meetings of July 5, 1994, and the Regular Meeting of July 19, 1994. All in favor. PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS 1. Todd Weiss - Lumberjack Davs Festival Association. Mr. Weiss returned a check for $4,000 to the City of Stillwater. 2. Corev Mohan - Stillwater Ooen Soace Committee. Mr. Mohan presented a proposal for a Stillwater Area Citizens Open Space Committee. Motion by Councilmember Bodlovick, seconded by Councilrnember Kimble to support the efforts of the Stillwater Open Space Committee. All in favor. 3. Julie Prokoo. Sunburst Academv - Discussion of Snecial Use Permit SUP/92-49. Julie Prokop reviewed the problems which have occurred at the Sunburst Academy location. City Attorney Magnuson reviewed the actions necessary to revoke a special use permit. City Engineer Eckles explained that the parking lot improvements were delayed Stillwater City Council Augus t 2. 1994 because of the Brick Pond project. c Motion by Councilmember Kimble, se<londed by Councilmember Zoller to direct the City Engineer to report on the status of the Brick Pond project at the next regular City Council meeting, and to direct the City Attorney to write a letter to the landlord of the building at 1709 South Greeley Street requesting compliance with the conditions of approval for the special use permit, SUP/92-49. All in favor. Motion by Councilmember Kimble, seconded by Councilmember Zoller to approve the request for a temporary special use permit to conduct gymnastics classes at St. Mary's Church gymnasium from August 8 through 19, 1994. All in favor. 4. Bob Medcraft - Island World Productions. Motion by Councilmember Zoller, seconded by Councilmember Kimble to authorize Island World Productions to continue filming a movie in Stillwater until August 20 as requested. All in favor. 5. Gary Funke - Recuest to clean uo downtown. Mr. Funke requested that the downtown area be cleaned up. Council directed City Engineer Eckles to arrange for the clean up. r PUBLIC HEARINGS 1. Case No. SUBNI94-37. This is the day and time for the public hearing to consider a variance to the lot size requirement of 10,000 square feet for a minor subdivision of a 22,564 sq. ft. lot into 2 lots of 7,098 sq. ft. and 15,486 sq. ft. The property is located at 181 Bayberry Court in the RA, Single Family Residential District. Interlachen Companies, applicant. Notice of the hearing was placed in the Stillwater Gazette on July 19, 1994, and notices mailed to affected property owners. City Planner Pung- Terwedo explained the request. Planning Commission Chairman Fontaine reported that the Planning Commission unanimously recommended approval of the request. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt the appropriate resolution approving the minor subdivision of a 22,564 sq. ft. lot into 2 lots of 7,098 sq. ft. and 15,486 sq. ft., at 181 Bayberry Court in the RA, Single Family Residential District, Case No. SUBNI94-37. (Resolution No. 94-176) Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley Nays - None 2. Case No. SUB/94-27. This is the day and time for the continuation of the public hearing to consider a preliminary plat approval for a minor subdivision of a 51,884 sq. ft. (1.2 acres) lot into three lots of 13,475 sq. ft., 16,469 sq. ft. and 21,900 sq. ft. The property .(' Stillwater City Council Minutes (" Recessed Meeting .~ August 2, 1994 is located on Gilbert Court in the RA Single Family Residential District. Steve Fiterman, applicant. Notice of the hearing was placed in the Stillwater Gazette on June 24, 1994, and notices mailed to affected property owners. (Continued from July 19, 1994, meeting). Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to continue Case No. SUB/94-27 to the August 16, 1994 meeting. All in favor. 3. L.I. 307, Myrtle Street Concrete Rehabilitation. This is the day and time for the public hearing to consider the making of an improvement on Myrtle Street between Owens Street and North Fifth Street by rehabilitating concrete pavement and sidewalk, pursuant to Minnesota Statutes, Sections 429.011 to 429.111. Consulting Engineer Moore reviewed the project. James Sievert, 618 W. Myrtle, stated he does not feel that he and other Myrtle Street residents should be responsible for these repairs. Guy Dilts, 516 Myrtle Street, stated that many of the cars that use Myrtle Street are from Wisconsin. c City Engineer Eckles read a message from Dorothy Berge, 301 West Myrtle, stating that she strongly opposes the storm sewer assessments. Motion by Councilmember Cummings, seconded by Councilmember Bodlovick to adopt the appropriate resolution ordering the improvement and preparation of plans, L.I. 307, Myrtle Street Concrete Rehabilitation. (Resolution No. 94-177) Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley Nays - None (Council took a five-minute recess and reconvened at 8:30 p.m.) UNFINISHED BUSINESS I. Charter Commission aDoointments. City Coordinator Kriesel reported that the Chief Judge has determined that the City Council has the authority to fill the terms of Laurie Maher, Richard Slivik, and John Tunheim which have expired. They have expressed a desire to be reappointed to the Charter Commission. Joseph Arndt and Robert Kimbrel have also expressed an interest r, 3 c Stillwater City Council Minutes Recessed Meeting August 2, 1994 in serving on the Charter Commission. A vacancy has occurred on the Charter Commission, and the Chief Judge has the authority to make an appointment to fill this vacancy. Motion by Councilrnember Bodlovick to appoint Laurie Maher, Richard Slivik, and Joseph Arndt to the Charter Commission. Motion died for lack of a second. Motion by Councilmember Cummings, seconded by Councilmember Kimble to reappoint Laurie Maher, Richard Slivik, and John Tunheim to the Charter Commission, and to submit the names of Joseph Arndt and Robert Kimbrel to the Chief Judge to fill the current vacancy on the Charter Commission. All in favor. 2. Jim Blichfeldt - Reauest for TIF assistance for Forest Ridl!e Addition. Motion by Councilrnember Kimble, seconded by Councilmember Cummings to adopt the appropriate resolution approving the request for TIF assistance for Blichfeldt Realty for the Forest Ridge Addition. (Resolution No. 94-179) Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley C Nays - None Motion by Councilmember Kimble, seconded by Councilmember Cummings to adopt the appropriate resolution approving the request to forgive unpaid assessments in the amount of $133,488.55. (Resolution No. 94-192) Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley Nays - None 3. SurcharlZe Collection Al!reement with WashinlZton County. This item was continued to the August 16 meeting. 4. Uodate on downtown hotel oroiect. City Planner Pung- Terwedo reported that the Heritage Preservation Commission and the Planning Commission have approved the design and special use permit for the proposed Downtown Hotel Project. Council has a workshop set for August 9, 1994 at 4:30 to discuss fInancing for the project. 5. Accentance of orelirninarv aoolication from UBC for Tax Increment FinancinlZ Assistance (' 4 c r (\ Stillwater City Council Minutes Recessed Meeting August 2, 1994 (TIF) Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to approve the preliminary application for TIF assistance from UBC and to set a special meeting for August 9, 1994, at 4:30 p.m. to discuss the request. All in favor. 6. Contract for North Hill Historic Structure Survev and Plan. Motion by Councilmember Kimble, seconded by Councilmember Zoller to authorize the City Planner to sign the grant agreement with the Minnesota Historical Society and to direct staff to prepare a work program for the Historic Structure Survey and Plan. All in favor. NEW BUSINESS 1. Hosnitallmedical insurance orooosal (Blue Cross Blue Shield). Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt the appropriate resolution approving the renewal proposal from Blue Cross Blue Shield. (Resolution No. 94-180) Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley Nays - None Council directed staff to prepare a request for proposals for 1995. 2. Animal ImnoundinlZ Al!reement - St. Croix Animal Shelter. Motion by Councilmember Bodlovick, seconded by Councilmember Zoller to adopt the appropriate resolution approving the Animal Impounding Agreement with the St. Croix Animal Shelter. (Resolution No. 94-181) Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller, and Mayor Hooley Nays - None 3. Al!reement to ooerate Lilv Lake Ice Arena - St. Croix Caterers. Inc. Motion by Councilmember Zoller, seconded by Councilmember Bodlovick to refer the renewal of the Lily Lake Ice Arena Operating Agreement with St. Croix Caterers, Inc. to the Stillwater Parks and Recreation Commission for consideration and recommendation. All in favor. 5 c c ('. Stillwater City Council Minutes Recessed Meeting August 2, 1994 4. AoorovinlZ olans and snecifications and orderinl! advertisement for bids for L.1. 303. East WilkinslNorth Broadwav Street: and L.1. 304. Mvrtlewood. Council discussed the McGarry Minor Subdivision, SUB/93-37. City Planner Pung- Terwedo explained that Richard Edstrom has requested a temporary driveway for access to the home being built. Brian Palmer, 1005 North 1st Street, stated that the conditions of approval for the subdivision have not been met. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to approve a temporary access to the Edstrom property during construction of their home, with the driveway returned to the original site before a certificate of occupancy is issued. All in favor. Motion by Councilmember Kimble, seconded by Councilmember Zoller to adopt the appropriate resolution approving the plans and specifications and ordering advertisement for bids for East WilkinslNorth Broadway Street, L.1. 303. (Resolution No. 94-182) Ayes - Councilrnembers Bodlovick, Cummings, Kimble, Zoller, and Mayor Hooley Nays - None Motion by Councilmember Kimble, Councilmember Zoller to adopt the appropriate resolution approving the plans and specifications and ordering advertisement for bids for Myrtlewood, L.1. 304. (Resolution No. 94-183) Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller, and Mayor Hooley Nays - None 5. AcceotinlZ bid. Hil!hlands of Stillwater. 6th Addition. L.1. 306. Motion by Councilmember Zoller, seconded by Councilrnember Bodlovick to accept the bid and award the contract to Volk Sewer & Water, Inc., for $133,780.28 for Highlands of Stillwater, 6th Addition, L.1. 306. (Resolution No. 94-184) Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller, and Mayor Hooley Nays - None 6. Accentinl! bid. Seal Coat Project. Motion by Councilrnember Zoller, seconded by Councilmember Kimble to accept the bid and award the contract to Allied Blacktop for the 1994 Seal Coat Project for $78,281.60. (Resolution No. 94-185) 6 c c (' Stillwater City Council Minutes Recessed Meeting August 2, 1994 Ayes - Councilrnembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley Nays - None Council requested that the City Engineer look into the possibility of adding a portion of South 2nd Street to the seal coat project. 7. No Parkinl! for West Orleans Street. Councilmember Cummings suggested that no parking be designated on the north side of Orleans rather than the south side. Gary Kriesel, 1451 Lydia Circle, stated that he agrees with Councilmember Cummings. Motion by Councilmember Cummings, seconded by Councilmember Kimble to adopt the appropriate resolution establishing No Parking on one side of West Orleans Street between Washington Avenue and Curve Crest Boulevard. (Resolution No. 94-186) Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller, and Mayor Hooley Nays - None Council requested that Consulting Traffic Engineer Glen Van Wormer attend the next meeting to discuss a recommendation regarding no parking on West Orleans Street. 8. Al!reement with Krafthefers for access for environmental testinl! onerations. Motion by Councilrnember Bodlovick, seconded by Councilmember Kimble to adopt the appropriate resolution approving the agreement between the City of Stillwater and Jay and Carol Krafthefer for environmental testing operations on North Third Street. (Resolution No. 94-188) Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller, and Mayor Hooley Nays - None 9. First Readinl! of an Ordinance establishinl! time limits on buildinlZ oermits. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to have a first reading of an ordinance establishing a one year time limit on building permits. Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley Nays - None 10. Declarinl! adecuacv of oetition and orderinl! oreoaration of renort for L.1. 308. Kutz 7 c c r Stillwater City Council Minutes Recessed Meeting August 2, 1994 Addition. Dave Harvieux, 1172 Parkwood Lane, presented a request from Richard and Janet Kutz to permit them to install their own utilities. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to direct the City Attorney to draft a development agreement for L.I. 308, Kutz Addition, allowing Richard and Janet Kutz to insta1I their own utilities and to return with the draft at the next meeting. Ayes- 3; Nays - 2, Councilmembers Cummings and Zoller. 11. AODrovinl! Al!reement No. 72439 between State of Minnesota. City of Stillwater. and City of Oak Park HeilZhts for Traffic Control SilZnal on TH 36 at Washinl!ton Avenue - Norell Avenue. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to adopt the appropriate resolution approving Agreement No. 72439 between the State of Minnesota, City of Stillwater, and City of Oak Park Heights for Traffic Control Signal on TH36 at Washington Avenue-Norell Avenue. (Resolution No. 94-189) Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller, and Mayor Hooley Nays - None 12. Establishinl! dollar amount for l!radinl! escrow reauired bv Ordinance 791. Motion by Councilmember Kimble, seconded by Councilmember Cummings to adopt the appropriate resolution establishing dollar amount for grading escrow as required by Ordinance 791 in the amount of $1,500 per lot with no maximum. (Resolution No. 94-187) Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley Nays - None 13. Settinl! hearinl! for re-assessment of snecial assessments for tax forfeited oarcel (Lot 1. Block 1. Deernath Addition), Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt the appropriate resolution setting a hearing for reassessment of special assessments for tax forfeited parcel (Lot 1, Block 1, Deerpath Addition) for September 6, 1994 at 7:00 p.m. (Resolution No. 94-190) Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller, and Mayor Hooley 8 c C' r, Stillwater City Council Minutes Recessed Meeting August 2, 1994 Nays - None CONSENT AGENDA Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to adopt the appropriate resolution directing payment of bills, including a payment of $1 0,000 to the American Wind Symphony Orchestra. (Resolution No. 94-175) Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley Nays - None COMMUNlCA TIONSIREOUESTS 1. Stillwater Public Library - T onv Greiner. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to approve the request by the Stillwater Public Library to transfer certain items in storage at City Hall to the St. Croix Collection at the Stillwater Public Library. All in favor. STAFF REPORTS 1. City Attornev Motion by Councilmember Kimble, seconded by Councilrnember to direct the City Attorney to send a letter to the Wisconsin Department of Natural Resources indicating that the City of Stillwater is not responsible for cleanup costs for the Junker Landfill Site and will therefore not attend the meeting on August 16, 1994. All in favor. 2. City Planner City Planner Pung-Terwedo updated Council on the Ward Network meetings. ADJOURNMENT Motion by Councilmember Kimble, seconded by Councilrnember Zoller to adjourn the meeting at 10:30 p.m. All in favor. 9 r r r Stillwater City Council Minutes Recessed Meeting August 2, 1994 O~g/5n~~ MAYOR ATTEST: '1~ 0;. t.., ), oJ~ CITY CLERK Resolutions: No. 94-175 - Directing Payment of Bills No. 94-176 - Approving two-lot subdivision, 181 Bayberry Ct., SUBNI94-37. No. 94-177 - Ordering Improvement and preparation of plans, L.1. 307 No. 94-178 - Reappointing Maher, Slivik, Tunheim to Charter Commission No. 94-179 - Approve request for TIF assistance, Forest Ridge Addition No. 94-180 - Approve Blue Cross Blue Shield proposal No. 94-181 - Approve animal impounding agreement - St. Croix Animal Shelter No. 94-182 - Approve plans and specs and ordering advertisement for bids for L.1. 303 No. 94-183 - Approve plans and specs and order advertisement for bids for L.1. 304 No. 94-184 - Accept bid and award contract to Volk Sewer & Water for Highlands 6th, L.1. 306 No. 94-185 - Accept bid and award contract to Allied Blacktop for 1994 Seal Coat Project No. 94-186 - Establishing no parking on one side of West Orleans Street No. 94-187 - Establish dollar amount for grading escrow as required by Ordinance 791 in the amount of $1,500 per lot No. 94-188 - Approve agreement with Krafthefers for environmental testing operations No. 94-189 - Approve agreement No. 72439 between State of MN, City of Stillwater, and City of Oak Park Heights for Traffic Control Signal on TH36 at Wash. Ave.-Norell Ave. No. 94-190 - Setting hearing for reassessment of special assessments for tax forfeited parcel (Lot I,Block 1, Deerpath Addition) No. 94-191 - Commending Sheriff Trudeau for 20 years No. 94-192 - Forgiving assessment for Forest Ridge Addition Submitted by: Shelly Schaubach Recording Secretary 10