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Home My WebLink About1994-10-18 CC MIN (', r (', SPECIAL MEETING STILLWATER CITY COUNCIL MINUTES October 18, 1994 4:30 p.m. Present: Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson City Engineer Eckles Police Chief Beberg Finance Director Deblon City Clerk Weldon Press: Julie Kink, The Courier Others: 1. Discussion of 1995 budlZet-related issues. includinlZ storm sewer utility rates. solid waste recvclinlZ charlZes. and ruraJ service district. Council met with Finance Director Deblon to continue discussion of the 1995 budget. Motion by Councilmember Zoller, seconded by Councilmember Cummings to include the printer for the Engineering Department in the capital outlay budget for 1995 as requested. All in favor. Motion by Councilmember Bodlovick, seconded by Councilmember Cummings to sell or trade-in the water truck and advertise for bids for a street sweeper. Ayes - 1, Councilmember Bodlovick; Nays - 4. Motion by Councilmember Kimble, seconded by Councilmember Zoller to advertise for two bids for a street sweeper, with the alternate bid to include trade in of the water truck. All in favor. Motion by Councilmember Kimble, seconded by Councilmember Zoller to add fifty cents to the recycling charge. All in favor. Council agreed to have a first reading of an ordinance amending the recycling charges on November 15, 1994. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to have a first reading of an ordinance amending the Rural Service District. All in favor. Council discussed a proposed increase in liquor license fees. (' Motion by Councilmember Kimble, seconded by Councilmember Zoller to direct staff to notify liquor license holders that the public hearing will be cancelled and there will be no liquor license fee increases for 1995, with notification of workshops to be held in 1995 with possible increases for 1996. Ayes - 3; Nays - 2, Councilmember Cummings and Mayor Hooley. Motion by Councilmember O.mmings, seconded by Councilmember Bodlovick to transfer approximately $45,000 from the dutch elm fund to the general fund to balance the 1995 budget. All in favor. Motion by Councilmember Bodlovick, seconded by Councilmember Cummings to refer a request to purchase a weed roller for Lily Lake to the Park and Recreation Commission for a recommendation. All in favor. Discussion of BurlinlZton Northern Assessments Motion by Councilmember Bodlovick, seconded by Councilmember Zoller to adopt he appropriate resolution reassessing Burlington Northern for 1.1. 257, Downtown Project and deleting the City's share of the assessments. (Resolution No. 94-272) Ayes - CouncilmemberS Bodlovick, Cummings, Kimble, and Zoller Nays - None Absent - Mayor Hooley (". SecretarvlDisoatcher Position Motion by Councilmember Zoller, seconded by Councilmember BodIovick to authorize establishment of Secretary/Dispatcher I and Secretary/Dispatcher II positions. All in favor. Absent - Mayor Hooley. RECESS Motion by Councilmember Cummings, seconded by Councilmember Zoller to meeting at 6:00 p.m. All in favor. ATTEST: ~ WL(J ,I,,,,, CITY CtERK Resolutions: No 94-272 - Reassess Burlington-Northern {' (' (' (". REGULAR MEETING STILLWATER CITY COUNCIL MINUTES October 18, 1994 7:00 p.m. 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 City Clerk Weldon Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Others: APPROY AL OF MINUTES Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to approve the minutes of the Special Meeting of September 27, 1994, and the Special and Regular Meetings of October 4, 1994. All in favor. PETITIONS. INDIYIDUALS. DELEGATIONS & COMMENDATIONS 1. Proclamation: National Business Women's Week Mayor Hooley presented a proclamation declaring the week of October 17th through the 23rd, 1994, as National Business Women's Week in Stillwater. 2. Commendation: Jack Hoolev Councilmember Bodlovick presented a proclamation declaring Friday, October 21, 1994 as Jack Hooley Day in Stillwater. 3. Jane Haa.. - Landscaoe and Fence Ordinances Jane Haas, 1222 South 4th Street, address Council regarding an adjoining neighbor's fence which she believes was built in violation of the ordinance. Brenda Houston, 1212 South 4th St., stated there are large gaps underneath the fence. Lloyd Goble, 1209 S. 5th St., stated he is not happy with the appearance of the fence. ~. {' r Motion by Councilmember Kimble, seconded by Councilmember Zoller to direct the Community Development Director, Planner, Building Official, and City Engineer to review the situation with the fence at 1213 S. Fifth St. and prepare a report regarding the drainage, interpretation of ground grade, and other pertinent information for the November 1 City Council meeting. All in favor. 4. Dave Ruch. Ward Network - Uodate on October meetinlZ. Mr. Ruch reported on the Stillwater Ward Network and reported that the next meeting will be held October 29, 8 a.m. to noon, at the Stillwater High School. STAFF REPORTS 1. City EnlZineer - Mr. Eckles reported on his fmdings regarding Mr. Pappas' complaints on the sidewalk project. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to direct staff to attempt to reach an agreement with Mr. Pappas regarding his sidewalk assessment and to possibly include his sidewalk in next year's project. All in favor. Council discussed a drainage problem with John Ramberg's property on 3rd Avenue South. Council also discussed McKusick Lake Road and visibility problems caused by the retaining wall. ASSESSMENT HEARINGS 1. This is the day and time for the assessment hearing for 1.1. 303, North Broadway Sewer Extension. (Continued from October 4, 1994 meeting). Notice of the hearing was placed in the Stillwater Gazette on September 20, 1994, and notices mailed to affected property owners. Raymond Kirchner, appraiser, reported that he has estimated the benefit to the Stormondt property of the sewer extension at $8,500. If the public utilities enable the owners to create an additional building site, the benefit is in excess of $50,000. Motion by Councilmember Kimble, seconded by Councilmember Cummings to adopt the appropriate resolution setting the assessment for 1.1. 303, North Broadway Sewer Extension, at $8,500 and establishing a hook-up charge of $18,250 if the property is ever subdivided. (Resolution No. 94-239) 2 (\ r r Stillwater City Council Minutes Regular Meeting October 18, 1994 Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller, and Mayor Hooley Nays - None PUBLIC HEARINGS 1. 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. (Continued from Oct. 4, 1994 meeting.) Notice of the hearing was placed in the Stillwater Gazette on September 26, 1994, and notices mailed to affected property owners. City Attorney Magnuson explained the case and presented findings consistent with the Council's previous straw poll to deny the PUD. Motion by Councilmember Kimble, seconded by Councilmember Zoller to adopt the appropriate resolution making the historical information and petition part of the public record for PUD/94-44. (Resolution No. 94-270) Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley Nays - None Motion by Councilmember Bodlovick, seconded by Councilmember Zoller to accept the fmdings of fact, including denial, of Case No. PUD/94-44. Ayes - 4; Nays - 1, Counciimember Cummings. UNFINISHED BUSINESS 1. Possible second re...i1ill.lZ of orilinAll.ce settinlZ fees for movie oroductions in City. Motion by Councilmember Zoller, seconded by Councilmember Bodlovick to have a second reading of Ordinance No. 796, setting fees for movie productions in the City, as amended. Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley Nays - None 2. Downtown Hotel DeveloDment. City Attorney Magnuson updated Council on discussions with the St. Croix Preservation Company. 3 (' {' r Stillwater City Council Minutes Regular Meeting October 18, 1994 Motion by Councilmember Zoller, seconded by Councilmember Kimble to accept Addendum No. 2 to the Purchase Agreement, including the agreement negotiated between the City Attorney and the St. Croix Preservation Company. (Ayes - 2; Nays - 3, Bodlovick, Cummings, and Hooley. Motion by Councilmember Cummings to grant a 90-day extension of the purchase agreement with the developer's portion of carrying costs paid up front. Motion died for lack of a second. Motion by Councilmember Kimble, seconded by Councilmember Zoller to adopt the appropriate resolution approving Addendum No.2 with the agreement negotiated by the City Attorney, and with the St. Croix Preservation Company portion of carrying costs paid at closing. (Resolution No. 94-271) Ayes - Councilmembers Cummings, Kimble, and Zoller Nays - Councilmember Bodlovick and Mayor Hooley 3. Marcia Kilbourne - Reassessment of Lot 1. Block 1. Deeroath Addition (Continued from October 4. 1994 meetinlZ) Marcia Kilbourne requested reassessment of Lot 1, Block 1, Deerpath Addition because it is not a buildable lot. Council requested that Ms. Kilbourne provide-documentation that the site had been used as a landfill or any other information justifying a reduction in the assessment. NEW BUSINESS 1. Possible first 1'P.HtlinlZ of ordinance ChanlZinlZ mHntlHtnrv sewer hook-uo reauirements. Motion by Councilmember Kimble, seconded by Councilmember Zoller to have a first reading of an ordinance changing the mandatory sewer hook-up requirements. All in favor. 2. Set date for canvass of returns for General Election. Motion by Councilmember Kimble, seconded by Councilmember Zoller to set Thursday, November 9 at 6:00 p.m. for canvass of returns for General Election. All in favor. 3. Resolution: ReauestinlZ variance to MSA 155-156 Mvrtle Street concrete rehabilitation. concrete walle and manhole reoair. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to adopt the appropriate resolution requesting variance to the MSA 155-156 Myrtle Street concrete 4 f" , r r Stillwater City Council Minutes Regular Meeting October 18, 1994 rehabilitation, concrete walk, and manhole repair. (Resolution No. 94-269) Ayes - Councilmembers Bodlovick, Cnmmings, Kimble, Zoller and Mayor Hooley Nays - None Resolution: DefendinlZ and IodemnifvinlZ State of Minnesota - Mvrtle Street concrete rehabilitation. concrete walk and manhole reoair. Council took no action on this item. 4. Adiustment and recertification of BurlinlZton Northern assessments. This item was discussed at the 4:30 p.m. meeting. CONSENT AGENDA Motion by Councilmember Cnmmings, seconded by Councilmember Kimble to approve the consent agenda of October 18, 1994, including the following: 1. Resolution: Directing Payment of Bills, deleting the $21,575.11 payment to Washington County Public Works for construction reimbursement (Resolution No. 94-268) Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley Nays - None 2. Resolution: Approving Permanent Employment of Sharon Harrison and Cindy Geis. 3. Approval: Hang banner for American Education Week, November 10-21, 1994. 4. Contractor's License: George Siegfried Construction Company Renewal General Contractors - Commercial 11223 - 32nd Street North Lake Elmo, MN 55042 5. Approval: Submit claims to insurance carrier - Fischer, Ogren, and Wold COUNCIL REOUEST ITEMS 1. Mavor Hoolev - Mayor Hooley informed Council that the Water Board has agreed to flush the fire hydrants one additional time each year in order to bring the City to an ISO fire rating of 3. 2. Conncilmember J(imble - Councilmember Kimble requested information on ordinances protecting preservation of homes and demolition permit requirements. 5 r' r r Stillwater City Council Minutes Regular Meeting October 18, 1994 COMMUNlCATIONS/REOUESTS 1. Sight Distance Concerns on County Road 64 - Washington County. 2. John Zoller, Stillwater Elks Lodge #179 - Use of Lily Lake Tennis Courts. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to approve the request of the Stillwater Elks Lodge #179 for use of Lily Lake Tennis Courts for the sale of Christmas trees. All in favor. 3. BeIUamin and Michele Hanson - South Hill Sewer Hook-up Grant. Staff will respond to this letter. 4. Rooney & Nielson, L TD, representing Port of Sunnyside. STAFF REPORTS (CONTINUED) 1. City Attomev - Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to approve the assessment agreement with Orwin Carter. All in favor. 2. City Coordinator - Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to have a first reading of an ordinance amending the rural taxing districts. All in favor. ADJOURNMENT Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to adjourn the meeting at 9:55 p.m. All in favor. (?~~:>%~ MAYO ATTEST:-----J1{ ~ I Ll~ ~ CITY CLERK 6 o (' (" Stillwater City Council Minutes Regular Meeting October 18, 1994 Resolutions: No. 94-268 - Payment of Bills No. 94-239 - Assessment for 1.1. 303, North Broadway Sewer Extension, as amended No. 94-270 - Petition and documentary evidence become part of permanent record for PUD/94- 44. No. 94-271 - Approve Addendum No.2 with St. Croix Preservation Company No. 94-272 - Adjust and recertification of BN assessments No. 94-273 - Approving Permanent Employment of Sharon Harrison No. 94-274 - Approving Permanent Employment of Cindy Geis Submitted by: Shelly Schaubach Secretary 7