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Home My WebLink About1994-10-04 CC MIN r I r \ f'" , REGULAR MEETING STILL WATER CITY COUNCIL MINUTES October 4, 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 Comm. Development Director Russell Finance Director Deblon Fire Chief Ness Police Captain Bell Consulting Engineer Moore City Clerk Weldon Press: Julie Kink, The Courier Others: Jeff Cutler JEFF CUTLER - STILLWATER FIREFIGHTERS RELIEF ASSOCIATION Jeff Cutler, Stillwater Firefighters Relief Association, presented a report of the financial condition of the Stillwater Firefighters Relief Association. STAFF REPORTS 1. Fire Chief - Motion by Councilmember Cummings, seconded by Councilmember Kimble to direct Fire Chief Ness to contact NSP regarding hanging banners downtown. All in favor. Motion by Councilmember Bodlovick, seconded by Councilmember Zoller to discontinue hanging of banners by City staff effective January 1, 1995. Ayes - 3; Nays - 1, Councilrnember Cummings; Absent - Councilmember Kimble. Chief Ness reported that the Water Board will take over two-thirds of the inspection and flushing of the fire hydrants in town. Mayor Hooley reported that he and Chief Ness will meet with the Water Board at 7 a.m. on October 13 to discuss this item. (Councilmember Kimble arrived.) r {' r Stillwater City Council Minutes Regular Meeting October 4, 1994 2. Police Chief - Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt the appropriate resolution employing John Serier as a part-time police officer. (Resolution No. 94- 245) Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller, and Mayor Hooley Nays - None 3. City Coordinator - Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to deny the request by SAEDC for funding of the cablecasting of candidates' night. All in favor. Motion by Councilmember Cummings, seconded by Councilmember Bodlovick to direct City staff to prepare a feasibility study for 1994 Sidewalk Project, to be done in-house. All in favor. City Coordinator Kriesel informed Council of a ground-breaking ceremony at the Susan Doerr house on October 10 at 1 :00 p.m. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt the appropriate resolution setting the City contribution for City Council hospital/medical at the same rate as for employees. (Resolution No. 94-246) Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley Nays - None Mayor Hooley read a draft letter to County Commissioner Mary Hauser supporting the comprehensive plan "Scenario 2". Council tabled this until the 7:00 p.m. meeting. Motion by Councilmember Kimble, seconded by Councilmember Zoller to send a letter to Washington County indicating that the Stillwater City Council cannot attend the Washington County cost sharing meeting on October 11, but will send staff and may request a presentation by the County at a future Council meeting. All in favor. Motion by Councilrnember Bodlovick, seconded by Councilmember Kimble to approve the City's participation in D-Day declaring a smoke-free day in Stillwater on November 17, 1994. All in favor. 2 - (". (' (' Stillwater City Council Minutes Regular Meeting October 4, 1994 CONTINUATION OF 1995 BUDGET WORKSHOP Council met with Finance Director Deblon to continue discussion of the 1995 budget. Motion by Councilmember Bodlovick, seconded by Councilrnember Zoller to adopt the budget changes as recommended by the Finance Director, not including planning auto allowance and recycling charges. All in favor. Motion by Councilmember Cummings, seconded by Councilmember Bodlovick to deny car allowances for City staff. All in favor. RECESS Motion by Councilmember Kimble, seconded by Councilmember Cummings to recess the meeting at 6:15 p.m. 0zo#ktf#, MA OR ATTEST: fVl ~ 0::. I L),IJdn-... CITY CLERK Resolutions: No. 94-245 - Employing John Serier as part-time police officer No. 94-246 - Set City contribution for Council hosp./med. at same rate as employees No. 94-247 - Preparation of feasibility study for 1994 Sidewalk Project, in-house 3 (1 C' (' RECESSED MEETING STILLWATER CITY COUNCIL MINUTES October 4, 1994 7:00 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 Comm. Dev. Director Russell Finance Director Deblon Consulting Engineer Moore Police Captain Bell Planning Commission Chairman Fontaine City Clerk Weldon Press: Mike Marsnik, Stillwater Gazette Julie Kink, The Courier Others: Sherman Gordon, Lucille Gordon, Randy Adamsick, Kelly Proatt, Robert Graff, Marcia Kilbourne, Dorothy Stormont, David Harvieux, Chuck Kenning, John Brennan, Peg Leutele, Richard McGee, Shirley Coleman, Don Nolde, Steve Pater, Jim Aysta, Joe Nolde, Sam Terusho, Jim Blichfeldt PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS 1. Sherman Gordon - Proclamation Mayor Hooley read a Proclamation proclaiming October 7, 1994 as Sherman Gordon Day in the City of Stillwater. APPROVAL OF MINUTES Motion by Councilmember Bodlovick, seconded by Councilmember Cummings to approve the minutes of the Regular and Recessed Meetings of September 6, 1994, the Special Meeting of September 8, 1994, and the Regular Meeting of September 20, 1994. All in favor. PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS (CONTINUED) 1. Randv Adamsick - Minnesota Film Board Randy Adamsick, Minnesota Filrn Board, explained that the Film Board promotes filming (\. (" o Stillwater City Council Minutes Recessed Meeting October 4, 1994 of movies in the State of Minnesota. Kelly Pratt, Minnesota Film Board, offered to train a City staff member in proactive film efforts. 2. Robert Graf. Location Manager - Oril!inal Productions. Inc. Robert Graf explained the plans for Original Productions to film a movie in Stillwater on October 19 and 20, 1994. Council discussed a possible requirement for permits for motion picture productions. Motion by Councilmember Cummings, seconded by Councilmember Zoller to table action on an ordinance requiring permits for motion picture productions until the next regular meeting. All in favor. 3. Marcia Kilbourne - Reassessment of Lot 1. Block 1. Deernath Addition. Community Development Director Russell informed Council that a variance request on this property will be heard by the Planning Commission on October 10, 1994. Motion by Councilmember Bodlovick, seconded by Councilmember Zoller to continue for two weeks the request for reassessment of Lot 1, Block 1, Deerpath Addition. All in favor. ASSESSMENT HEARINGS 1. This is the day and time for the assessment hearing for L.I. 303, North Broadway Sewer Extension. Notice of the hearing was placed in the Stillwater Gazette on September 20, 1994, and notices mailed to affected property owners. Consulting Engineer Moore explained the proposed assessments. City Attorney Magnuson explained the legal issues. Dorothy Stormont, 1023 North Broadway, stated that she was misinformed when she purchased the property. Motion by Councilmember Kimble, seconded by Councilmember Cummings to continue the assessment hearing for L.I. 303, North Broadway Sewer Extension, to October 18, 1994. All in favor. 2 (' C" " Stillwater City Council Minutes Recessed Meeting October 4, 1994 Motion by Councilmember Kimble, seconded by Councilmember Zoller to direct staff to obtain appraisals or facts necessary to support the City's position. All in favor. 2. This is the day and time for the assessment hearing for L.1. 304, Myrtlewood. Notice of the hearing was placed in the Stillwater Gazette on September 20, 1994, and notices mailed to affected property owners. City Attorney Magnuson reported that there is only one benefitting property owner, and this item can be treated as a pending assessment between now and when the project is completed. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to continue the assessment hearing for L.1. 304, Myrtlewood. All in favor. PUBLIC HEARINGS 1. Case No. SUB/94-50. This is the day and time for the public hearing to consider a minor resubdivision of four city lots into two lots of 12,610 sq. ft. and 21,024 sq. ft. with an existing home. The properties are located on the southeast comer of West Anderson Street and South Harriet Street in the RB, Two-Family Residential District. David Harvieux, applicant. Notice of the hearing was placed in the Stillwater Gazette on September 23, 1994, and notices mailed to affected property owners. Community Development Director Russell explained the request. Planning Commission Chairman Fontaine reported that the Planning Commission unanimously recommended approval of this request. David Harvieux, representing the applicants, explained the request. Motion by Councilmember Kimble, seconded by Councilmember Cummings to adopt the appropriate resolution approving a minor resubdivision on the southeast comer of West Anderson Street and South Harriet Street, Case No. SOO/94-50. (Resolution No. 94-248) Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller, and Mayor Hooley Nays - None 2. Case No. SUB/94-52. This is the day and time for the public hearing to consider the subdivision of a 3 ft. portion of Lot 5, BIk. 1 to Lot 4, BIk' I, Green Twig Way in the RA, Single-Family Residential District. Tim Nolde, applicant. 3 ("'. c {' Stillwater City Council Minutes Recessed Meeting October 4, 1994 Notice of the hearing was placed in the Stillwater Gazette on September 23,1994, and notices mailed to affected property owners. Mr. Russell explained the request. Mr. Fontaine reported that the Planning Commission unanimously recommended approval of the request. Motion by Councilmember Bodlovick, seconded by Councilmember Cummings to adopt the appropriate resolution approving the subdivision of a 3 ft. portion of Lot 5, Blk. 1 to Lot 4, Blk. 1, Green Twig Way, Case No. SUB/94-52. (Resolution No. 94-249) Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller, and Mayor Hooley Nays - None 3. Case No. SUB/94-46. This is the day and time for the public hearing to consider a minor subdivision of a 72,871 sq. ft. lot (1.67) acres) into two lots of 37,288 sq. ft. (.85 acres) and 35,583 sq. ft. (.81 acres). The property is located at 2289 Croixwood in the CA, General Commercial District. Investors Savings Bank, F.S.B., John H. Brennan, applicant. Notice of the hearing was placed in the Stillwater Gazette on September 23, 1994, and notices mailed to affected property owners. Mr. Russell explained the request. John Brennan, applicant, stated that access to the lot will be through the Kindercare lot. Chuck Kenning, 2337 Hidden Valley Lane, asked how the lot will be developed. Mr. Brennan responded that there are no plans to develop the lot at this time, only to subdivide and sell the property. Peg Leutele, 2317 Hidden Valley Lane, asked about the buffer zone requirements. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt the appropriate resolution approving the minor subdivision at 2289 Croixwood Blvd., as conditioned, with covenants to apply only to the newly created lot, Case No. SUB/94-46. (Resolution No. 94- 250) Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller, and Mayor Hooley Nays - None 4. 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 4 o l (' Stillwater City Council Minutes Recessed Meeting October 4, 1994 District. Paul Schaefer, applicant. Notice of the hearing was placed in the Stillwater Gazette on September 26, 1994, and notices mailed to affected property owners. Mr. Russell explained that this item was continued from a previous meeting for additional information. Paul Schaefer, applicant, explained that he has an alternate plan which reduces the number of units to 47. Richard McGee, 1953 Eastridge Court, stated that he has additional signatures on the petition against the proposal. He stated that it would cost the school district $175,000 per year to educate the additional students from the development, while only $18,557 would be collected in taxes. Shirley Coleman, 1903 Eastridge Court, asked about increased traffic. Mr. Russell read a report from the City's consulting traffic engineer. Don Nolde, 1603 Momingside Road, stated that the property owners bought their homes with the understanding that the area was zoned for duplexes, not apartments, and the property should not be rezoned. Steve Pater, 707 Harriet Drive, stated his concern with increased foot traffic by junior high students through residential areas. Jim Aysta, 709 Harriet Drive, stated that there will be more foot traffic across Highway 36. Joe Nolde, 815 Everett Drive, a Brick Pond Association member, addressed concerns regarding the sewer system and water runoff. Sam Terusho, realtor for the Augustine brothers, stated that Mr. Augustine has paid the taxes on this property, wants to sell this property and has a buyer. Jim Blichfeldt, developer of the Forest Ridge Addition, stated that the property was not zoned multi-family when he began his development. Most of the residents of Forest Ridge are senior citizens and do not want children and noise in their neighborhood. City Attorney Magnuson suggested that Council take a straw vote and request staff to return with fmdings of fact to support the Council's decision. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to have a straw vote 5 ("\ , !(" (" Stillwater City Council Minutes Recessed Meeting October 4, 1994 denying the PUD request and directing staff to prepare a findings of fact supporting denial, Case No. PUD/94-44. Ayes - 4; Nays - I, Councilmember Cummings. UNFINISHED BUSINESS 1. Downtown Hotel Develooment. City Attorney Magnuson reported on the bank financing for the downtown hotel project, and recommended that Council extend the purchase agreement for 90 days. Council discussed whether it could be required of the developer to pay the carrying costs of the building during the extension. Motion by Councilmember Kimble, seconded by Councilmember Cummings to direct the City Attorney to negotiate an extension agreement with St. Croix Preservation Company including provisions addressing carrying costs and bring back to Council at the next regular meeting. All in favor. 2. Possible second readinlZ of ordinance settinl! fees for movie oroductions in City. Motion by Councilmember Kimble, seconded by Councilmember Cummings to table a second reading of an ordinance establishing permit and fees for movie productions until the next meeting. All in favor. NEW BUSINESS 1. Resolutions: DeclarinlZ Cost to be Assessed and OrderinlZ Preoaration of Prooosed Assessment. Motion by Councilmember Cummings, seconded by Councilmember Kimble to adopt the appropriate resolution declaring cost to be assessed and ordering preparation of proposed assessment for the following: L.I. 285, Southeast Area Sewer (Resolution No. 94-251); L.I. 296, Northland Avenue (Resolution No. 94-252); L.I. 297, William Street, L.I. 298, Sherburne Street, L.I. 299, South 6th Street, L.I. 300, Mulberry Street (Resolution No. 94-253); L.I. 301, Marketplace (Resolution No. 94-254); L.I. 306, Highlands, Sixth Addition (Resolution No. 94- 254) Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller, and Mayor Hooley Nays - None 2. Possible first readinlZ of ordinance to establish rates for storm sewer utilitv. Motion by Councilmember Cummings, seconded by Councilmember Kimble to table the first 6 {' (' r" Stillwater City Council Minutes Recessed Meeting October 4, 1994 reading of an ordinance establishing rates for storm sewer utility to October 18 at 4:30 p.m. All in favor. 3. Possible first readinlZ of ordinance to chanlZe the solid waste fee for recvclinlZ charlZes. Motion by Councilmember Cummings, seconded by Councilmember Kimble to table the first reading of an ordinance to change the solid waste fee for recycling charges to October 18 at 4:30 p.m. All in favor. 4. Possible first readinlZ of ordinance to amend the rural service district. Motion by Councilmember Cummings, seconded by Councilmember Kimble to table the first reading of an ordinance to amend the rural service district to October 18 at 4:30 p.m. All in favor. STAFF REPORTS 1. Community DeveloDment Director Community Development Director Russell discussed a letter to Washington County supporting the County's comprehensive plan "scenario 2". Mr. Russell recommended that the item be referred to the Planning Commission for their recommendation. Council concurred. CONSENT AGENDA Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to approve the consent agenda for October 4, 1994, including the following: 1. Resolution Directing Payment of Bills (Resolution No. 94-244) Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller, and Mayor Hooley Nays - None 2. Approval: Deferral of Special Assessments, Florence Eichten, 1.1. 284. 3. Approval: Deferral of Special Assessments, Austin & Jane McGough, 1.1. 285. 4. Approval: Payment No.1, Tower Asphalt, 1994 Street Improvements, 1.1. 296,297,298,299, 300. 5. Approval: Payment No.1, Yolk Sewer and Water, 1.1. 306, Highlands Sixth Addition. 6. Approval: Contractor's Licenses 7. Resolution: Appointing Election Judges and Setting Compensation for General Election. (Resolution No. 94-256) 8. Approval: Submit claim of David Smith to insurance carrier. 7 {' r '" Stillwater City Council Minutes Recessed Meeting October 4, 1994 COUNCIL REOUEST ITEMS Councilmember Cummings requested that the Consulting Engineer address a visibility problem on the comer of Amundson Drive and McKusick Road because of a new retaining wall. Mr. Moore responded that he is awaiting an answer from the County. ADJOURNMENT Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adjourn the meeting at 10:33 p.m. All in favor. // (J ATTEST: m.... 0:. Ld~j~ '"l: CITY CLERK Resolutions: No. 94-244 - Payment of Bills No. 94-245 - Employing John Serier as pit police officer No. 94-246 - Set City contribution for Council hospital/medical No. 94-247 - Preparation of feasibility study for 1994 sidewalk project, to be done in-house No. 94-248 - Approve minor subdivision, Case No. SUB/94-50 No. 94-249 - Approve subdivision, Case No. SUB/94-52 No. 94-250 - Approve minor subdivision, 2289 Croixwood, Case No. SUB/94-46 No. 94-251 - 1.1. 285, SE area sewer, cost to be assessed and preparation of proposed assessment No. 94-252 - 1.1. 296, Northland, Ave., declaring cost to be assessed and ordering preparation of proposed assessment No. 94-253 - 1.1. 297, William St., 1.1. 298, Sherburne St., 1.1. 299, S. 6th St., 1.1. 300, Mulberry St., cost to be assessed and preparation of proposed assessment No. 94-254 - 1.1. 301, Marketplace, declaring cost to be assessed and preparation of proposed assessment No. 94-255 - 1.1. 306, Highlands Sixth Addn., declaring cost to be assessed and preparation of proposed assessment No. 94-256 - Appointing Election Judges and setting compensation for general election 8