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Home My WebLink About1994-09-06 CC MIN (--. CITY OF STILL WATER CITY COUNCIL MEETING NO. 94-30 MINUTES REGULAR MEETING September 6,1994 4:30 p.m. The Meeting was called to order by Mayor Hooley. Present: Councilrnembers Bodlovick, Cummings, Kimble, Zoller, and Mayor Hooley Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson City Engineer Eckles Comm. Dev. Director Russell City Planner Pung-Terwedo Police Chief Beberg Consulting Engineer Moore City Clerk Weldon Press: Mike Marsnik, Stillwater Gazette Julie Kink, The Courier r ',-.- Others: Jim O'Brien 1. Pav Increase for City Clerk Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt the appropriate resolution setting the City Clerk's salary per the salary schedule as contained in the Stillwater Public Managers Labor Agreement, effective January 14, 1994. (Resolution No. 94- 206) Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller, and Mayor Hooley Nays - None 2. Workshoo - TIF assistance for ourchase of land and construction of store in Stillwater Business Park. Community Development Director Russell explained the TIF assistance request. Jim O'Brien, representing Simonet Furniture, was present. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to approve in concept the TIF financing for the Stillwater West Business Park, or assistance for building, repair and store front renovation through a deferred loan, with Simonet Furniture to return to Council with r an indication of their preference. All in favor. \' r (' Stillwater City Council Minutes Regular Meeting September 6, 1994 STAFF REPORTS 1. ConsultinlZ EnlZineer - Recuest for Extension of Southeast Sewer Proiect Consulting Engineer Moore presented the request from S.M. Hentges for extension of the Southeast Area Sanitary Sewer Project until September 30, 1994. Motion by Councilmember Zoller, seconded by Councilmember Bodlovick to approve the request by S.M. Hentges & Sons for an extension to September 30, 1994 for the Southeast Area Sanitary Sewer project. All in favor. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to direct the Mayor to write a letter to NSP requesting that two power poles be moved in order to complete the Southeast Area Sanitary Sewer project. All in favor. 2. Police Chief - Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to approve the request by the Police Chief to purchase two cameras, a video camera, two recorders, and two office chairs. All in favor. Motion by Councilrnember Cummings, seconded by Councilmember Kimble to adopt the appropriate resolution approving the request by Cub Foods to make the temporary no parking spaces on South 3rd Street, permanent. (Resolution No. 94-207) Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley Nays - None 3. City Enl!ineer - City Engineer Eckles updated Council on the status of the grease traps in downtown restaurants. 1995 Budl!et (Continued from AUl!ust 30. 1994), Council continued a workshop session regarding the 1995 budget. 2 r c r Stillwater City Council Minutes Regular Meeting September 6, 1994 RECESS Council recessed to Executive Session at 6:35 p.m. to discuss labor relations. (!;, n...t,JmU '"+- MAYOR A TTEST:--4..... ~.' , &), f) J..r"... CITY CLERK Resolutions: No. 94-206 - Approve salary adjustment for City Clerk No. 94-207 - No parking on South Third Street Submitted by: Shelly Schaubach Recording Secretary 3 (". r (\ CITY OF STILLWATER CITY COUNCIL MEETING NO. 94-30 MINUTES RECESSED MEETING September 6,1994 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 Consulting Engineer Moore Planning Commission Rep. Roetman City Clerk Weldon Press: Mike Marsnik, Stillwater Gazette Julie Kink, St. Croix Valley Press Others: Paul Weiler, Roberta Opheim, Kathy Miron, June Eagleton, Gary Harper, Lynne Harrington, Bill Lecuyer, Paul Schaefer, Richard McGee, Jim Blichfeldt, Steve Pater, Jim Aysta, Roger Wohlers, Jerry Brown, Sue Pater, Dave Harvieux, Dorothy Stormont APPROVAL OF MINUTES Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to approve the minutes of the Special and Regular Meetings of August 16, 1994 and the Special Meetings of August 23 and 30, 1994. All in favor. PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS 1. Paul Weiler and Roberta Ooheim. St. Croix Vallev Youth Service Bureau - Recuest for Fundinl!. Paul Weiler and Roberta Opheim, representing St. Croix Valley Youth Service Bureau, presented a request for continued funding. 2. Kathy Miron and June E8l!leton. Community Volunteer Service - Recuest for Fundinl!. June Eagleton, representing Community Volunteer Service, presented a request for continued funding. n {". r Stillwater City Council Minutes Recessed Meeting September 6, 1994 3. SUPERV ALU INC. Project - $5.500.000 Industrial DeveloDment Revenue Refundinl! Bonds. Gary Harper, representing Supervalu, Inc., and Lynne Harrington, of Piper Jaffray Inc., presented the request for refunding the $5,500,000 Industrial Development Revenue Bonds. Mayor Hooley passed the gavel to Vice-Chairman Kimble for this portion of the meeting. Motion by Councilrnember Bodlovick, seconded by Councilmember Zoller to adopt the appropriate resolution authorizing the refunding of the $5,500,00 City of Stillwater, Minnesota Industrial Development Revenue Refunding Bonds (SUPERV ALU, INC, Project), Series 1994. (Resolution No. 94-208) Ayes - Councilmembers Bodlovick, Kimble, and Zoller Nays - None Abstain - Councilmember Cummings and Mayor Hooley PUBLIC HEARINGS 1. L.I. 195. This is the day and time for the public hearing to consider the reassessment for Lot I, Block 1, Deerpath Addition, Parcel Number 9400-2050. Notice of the hearing was placed in the Stillwater Gazette on August 23, 1994, and notices mailed to affected property owners. City Attorney Magnuson explained the reassessment. Motion by Councilmember Cummings, seconded by Councilmember Bodlovick to adopt the appropriate resolution approving the reassessment for Lot 1, Block 1, Deerpath Addition, L.I. 195 in the amount of$4,057.72. (Resolution No. 94-209) Ayes - Councilrnembers Bodlovick, Cummings, Kimble, Zoller, and Mayor Hooley Nays - None 2. L.I. 305, Pine Hill Estates. This is the day and time for the public hearing to consider the making of an improvement of property described as Pine Hill Estates, pursuant to Minnesota Statutes, Sections 429.011 to 429.111. The area proposed to be assessed for such improvement is the north line of the city limits on Boutwell Street and the north line of Myrtle Street, with sanitary sewer, storm sewer, watermain, and streets. The estimated cost of the improvements is $136,133. 2 r (' r Stillwater City Council Minutes Recessed Meeting September 6, 1994 Notice of the hearing was placed in the Stillwater Gazette on August 23, 1994 and August 30, 1994, and notices mailed to affected property owners. Consulting Engineer Moore presented the project. Bill Lecuyer, 746 Wildwood Lane, asked about the size of the sewer and about extending the sewer line an additional 300 to 400 feet. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to adopt the appropriate resolution ordering the improvement, preparation of plans and specifications, and advertisement for bids, contingent upon the development agreements with Mr. Nyberg and Mr. Lecuyer. (Resolution No. 94-210) Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley Nays - None 3. Case No. PUD/94-44. This is the day and time for the public hearing to consider a planned unit development for the construction of a 65-unit apartment complex. The property is located at Tuenge Drive and 61st Street in the RB, Two Family Residential District. Paul Schaefer, applicant. Notice of the hearing was placed in the Stillwater Gazette on August 23, 1994, and notices mailed to affected property owners. Community Development Director Russell reviewed the project, and the seven conditions of approval. Kirk Roetman, Planning Commission member, reported that the Planning Commission recommended concept approval of the project. The applicant, Paul Schaefer, presented sketches of the proposed building. City Attorney Magnuson described the permitted uses in the RB, Two Family Residential District. Richard McGee, 1953 East Ridge Court, stated he has a petition from a group of Forest Ridge residents who are opposed to the proposal. Jim Blichfeldt, builder of Forest Ridge addition, stated that this area is not zoned for apartments, and the streets will not accommodate the increased traffic. 3 r Stillwater City Council Minutes Recessed Meeting September 6, 1994 Steve Pater, 707 Harriet Drive, stated he is opposed to the apartment proposal. He would like to see the City promote ownership rather than rental. Jim Aysta, 709 Harriet Drive, objected to the proposal. He felt that duplexes would be a more appropriate use of the land. He also stated that he believes the apartment use does not meet certain sections of the PUD ordinance. Roger Wohlers, 1933 Eastridge Court, felt that not enough information has been presented. Jerry Brown, 1943 Eastridge Court, was concerned about changing the zoning and also about traffic. Sue Pater, 707 Harriet Drive, asked about this project affecting property values. Mayor Hooley closed the public hearing. Motion by Councilrnember Bodlovick, seconded by Councilmember Zoller to table Case No. PUD/94-44 until more information is obtained. All in favor. C Motion by Councilmember Zoller, seconded by Councilmember Kimble to direct staff to study the legal requirements concerning Case No. PUD/94-44. All in favor. (Council recessed for 10 minutes and reconvened at 8:50 p.m.) UNFINISHED BUSINESS 1. L.1. 308. Kutz Addition. ADDroval of Final Plat and Imorovement Plans. Community Development Director Russell reviewed the case and the nine conditions of approval. Dave Harvieux, the developer, stated that he will work with the City in placing covenants on the lots. Motion by Councilmember Bodlovick, seconded by Councilmember Zoller to adopt the appropriate resolution approving the final plat for the Kutz subdivision, SUB/94-18, as conditioned. (Resolution No. 94-211) (' 4 c Stillwater City Council Minutes Recessed Meeting September 6, 1994 Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley Nays - None 2. One oercent sales tax ballot measure for Dark/recreation facilities and downtown imDrovements. Community Development Director Russell read draft language for the referendum on the one percent sales tax. Council agreed to submit suggested revisions to the language and vote on the item on Thursday, September 15. 3. Possible second readinl! of ordinance: Amendinl! salaries of City Council. Motion by Councilmember Bodlovick, seconded by Councilmember Zoller to deny the first reading of an ordinance amending the salaries of City Council. All in favor. 4. Resolution: ADDrovinlZ Plans and Snecifications and Orderinl! Advertisement for Bids. L.1. 307. MYrtle Street Rehabilitation Proiect. Consulting Engineer Moore presented the project. o , Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt the appropriate resolution approving the plans and specifications and ordering advertisement for bids, L.1. 307, Myrtle Street Rehabilitation Project. (Resolution No. 94-225) Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley Nays - None 5. Resolution: Acceotinl! Bid for L.1. 304. MYrtlewood and L.1. 303. WilkinslN. Broadwav Extension of Sewer and Water Lines. Dorothy Stormont, 1023 N. Broadway, stated that they object to the costs for the project. Richard Huelsman, developer of Myrtlewood, stated that he objects to having his project delayed because of being combined with L.I. 303. City Attorney Magnuson advised that the bid could be accepted, and 25 percent of the project be eliminated by change order. Motion by Councilmember Kimble, seconded by Councilrnember Cummings to adopt the appropriate resolution accepting the bid for L.1. 304, Myrtlewood, and L.1. 303, WilkinsIN. Broadway Extension of Sewer and Water Lines, with the condition that if there is no resolution to the objections of the principals of the WilkinsIN. Broadway extension, up to 25 percent of the project can be deleted by change order. (Resolution No. 94-226) ~ 5 (' c r Stillwater City Council Minutes Recessed Meeting September 6, 1994 Ayes - Councilrnembers Bodlovick, Cummings, Kimble, Zoller, and Mayor Hooley Nays - None NEW BUSINESS 1. Prooosal for landscaoe desilZn services related to Levee Wall imDrovements. Comm. Dev. Director Russell explained the proposal. Motion by Councilmember Zoller, seconded by Councilmember Bodlovick to adopt the appropriate resolution approving the contract with Sanders, Wacker, Wehrman and Bergley Landscape Architects for landscape services for the Levee Wall project. (Resolution No. 94-227) Ayes - Councilmembers Bodlovick, Kimble, and Zoller Nays - Councilmember Cummings and Mayor Hooley 2. Aoolication for Utility Assistance - McGarrv. Motion by Councilmember Bodlovick, seconded by Councilmember Cummings to direct City Staff to write a letter to Robert McGarry explaining that funds are not available for utility assistance. All in favor. 3. Resolution: Schedule Hearinl!s on Prooosed Assessments. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt the appropriate resolutions setting the following assessment hearings: Tuesday, September 27, 1994 at 7:00 p.m. for L.1.274, Sidewalk Improvement (Resolution No. 94-212), Tuesday, September 27, 1994 at 7:00 p.m. for L.1. 284, Myrtle Street Drainage (Resolution No. 94-213) Tuesday, September 27, 1994 at 7:00 p.m. for L.1. 302, Highlands 5th (Resolution No. 94-214) Tuesday, October 4, at 7:00 p.m. for L.1. 303, North BroadwaylWilkins St. (Resolution No. 94- 215) Tuesday, October 11 at 7:00 p.m. for L.1. 285, Southeast Area Sewer (Resolution No. 94-217) Tuesday, October 11 at 7:00 p.m. for L.1. 296, Northland Avenue (Resolution No. 94-218) Tuesday, October 11 at 7:00 p.m. for L.1. 297, William Street (Resolution No. 94-219) Tuesday, October 11 at 7:00 p.m. for L.1. 298, Sherburne Street (Resolution No. 94-220) Tuesday, October 11 at 7:00 p.m. for L.1. 299, South 6th Street (Resolution No. 94-221) Tuesday, October 11 at 7:00 p.m. for L.1. 300, Mulberry Street (Resolution No. 94-222) Tuesday, October 11 at 7:00 p.m. for L.I. 301, Market Place (Resolution No. 94-223) Tuesday, October 11 at 7:00 p.m. for L.I. 306, Highlands 6th (Resolution No. 94-224) 6 (' (" r Stillwater City Council Minutes Recessed Meeting September 6, 1994 Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller, and Mayor Hooley Nays - None 4. Resolution EstablishinlZ No Parkinl! on Churchill and Everett Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt the appropriate resolution establishing a no parking zone on the west side of Everett Street from Churchill to Anderson Streets. (Resolution No. 94-229) Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley Nays - None CONSENT AGENDA Motion by Councilmember Kimble, seconded by Councilmember Cummings to approve the consent agenda for September 6, 1994, including the following: (All in favor) 1. Directing Payment of Bills. (Resolution No. 94-205) 2. Approve Permit to Consume - Mulberry Point Antiques. 3. Approve 1-3 day temporary liquor license - Valley Chamber Chorale. 4. Approve purchase of backstop and safety fences at Washington Park ballfield. 5. Approve Final Payment to People's Electric Cont. for signal system at Greeley and Curve Crest. 6. Appoint Eleanor Churchill as alternate election judge for primary election.(Resolution No. 94- 228) 7. Approve purchase of playground equipment for Benson Park. STAFF REPORTS (continued) 1. Set Canvass Date Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to set the date to canvass the votes from the primary election for Thursday, September 15, 1994, at 8:00 a.m. ADJOURNMENT Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adjourn the meeting at 10:10 p.m. All in favor. 7 r r (\ Stillwater City Council Minutes Recessed Meeting September 6, 1994 ()j~~7 MAYOR ATTEST:~lHb:- {1J,P~ CITY CLERK Resolutions: No. 94-205 - Directing Payment of Bills No. 94-206 - Adjusting City Clerk's salary No. 94-207 - No parking on South Third Street, adjacent to Cub Foods No. 94-208 - Approving Supervalu Industrial Dev. Revenue Refunding Bonds No. 94-209 - Approving reassessment for Lot 1, Block I, Deerpath addition No. 94-210 - Ordering improvement, L.I. 305, Pine Hill Estates No. 94-211 - Approve final plat, L.I. 308, Kutz Addition No. 94-212 - Assessment hearing, L.I. 274, sidewalk No. 94-213 - Assessment hearing, L.I. 284, Myrtle Street Drainage No. 94-214 - Assessment hearing, L.I. 302, Highlands 5th No. 94-215 - Assessment hearing, L.I. 303, North BroadwaylWilkins sewer extension No. 94-216 - Assessment hearing, L.I. 304, Myrtlewood No. 94-217 - Assessment hearing, L.I. 285, Southeast Sewer No. 94-218 - Assessment hearing, L.I. 296, Northland No. 94-219 - Assessment hearing, L.I. 297, William St. No. 94-220 - Assessment hearing, L.1. 298, Sherburne St. No. 94-221 - Assessment hearing, L.I. 299, South 6th Street No. 94-222 - Assessment hearing, L.I. 300, Mulberry St. No. 94-223 - Assessmerit hearing, L.I. 301, Market Place No. 94-224 - Assessment hearing, L.I. 306, Highlands No. 94-225 - Approvingplans and specs, ordering advertisement for bids, L.I. 307, Myrtle Street Rehabilitation Project No. 94-226 - Accepting bid for L.I. 304, Myrtlewood and L.I. 303, WilkinsIN. Broadway Extension of Sewer and Water Lines No. 94-227 - Approve contract for landscape design services related to Levee Wall improvements. No. 94-228 - Amending Resolution appointing election judge No. 94-229 - No parking South Everett between Churchill & Anderson Submitted by: Shelly Schaubach Recording Secretary 8