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HomeMy WebLinkAbout1993-06-15 CC MIN ~ SPECIAL MEETING STILLWATER CITY COUNCIL MINUTES June 15, 1993 4:30 P.M. The Meeting was called to order by Mayor Hooley. Present: Councilmembers Bodlovick, Cummings, Funke, Kimble (arrived at 5:00 P.M.) and Mayor Hooley. Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon Consulting Engineer Moore Comm. Dev. Director Russell Public Works Director Junker City Clerk Johnson Press: Julie Kink, The Courier MiKe Marsnik, Stillwater Gazette Others: Marguerite Rhineberger, Richard Kilty. ~ 1. Discussion of Development Agreement between Cub Foods & City of Stillwater. Mayor Hooley abstained from discussing this item. Mr. Russell reported a letter was received from Tom Thueson, Director of Development, Cub foods, offering a solution to the remaining issues regarding the agreement, namely, assumption to share the cost overruns associated with improvements to the west side parcel if TIF funds are insufficient. Cub did state, however, that they cannot agree to guarantee that they will occupy the building for the life of the TIF agreement, but will guarantee the payment of taxes to retire the bonds for the debt that the City will assume for the west site. Discussion followed. Mr. Magnuson explained certain items of the Agreement -- Parking Lot maintenance and availability. The parking lot will be public and maintained as such and the City will not charge any rental fees for its use. Mr. Magnuson stated that Cub refuses to maintain the type of insurance the City is requesting, since they are self insured and as long as they pay the taxes they would like the option to rebuild if the property is destroyed. Discussion also followed regarding assignment and transfer. (Councilmember Kimble arrived at 5:00 P.M.) r 1 ~ Stillwater City Council Minutes June 15, 1993 Special Meeting Richard Kilty, 118 W. Oak St., stated concerns that Cub may abandon this building as they did with the original Cub store and the City would be left with a "white elephant". Also the parking lot will be a mudhole for the next year since it will -not be paved. The Council stated that it will be paved if the funds are available as soon as possible. Also, this property has an assessment agreement which River Heights Plaza (original Cub store) did not have. - Mr. Magnuson stated the one contingency which the agreement is dependent on is that the School District and Cub must finalize their negotiations. 2. ~rguerite Rhineberger - Request for designation of Sesquicentennial ~s. . Motion by Councilmember Funke, seconded by Councilmember Bodlovick to approve the request of Marguerite Rhineberger, representing the Sesquicentennial Committee, to designate $3,500 of the Sesquicentennial funds for the October 26 birthday party and October 24 brunch. (All in favor). Motion by Councilmember Bodlovick, seconded by Councilmember Funke to allocate up to $2,000 of the Sesquicentennial funds for the aviation event if the money is available. (All in favor). r 3. Consulting Engineer Moore - Presentation of Contract Consultlng Englneer Moore presented contracts for Clty engineering services for Council review. He further explained that a new rate schedule has been adopted by SEH with added features such as eight hours of free engineering services. Councilmember Cummings asked when the McKusick Road project would start and it was stated that this will happen on or about August 1. Mr. Moore noted that sealcoating will be finished on Monday. 4. Jim Tennessen - Update on Efficiency Study for City Offices. Jim Tennessen,-Tennessen Assoclates, presented an update on the Efficiency Study being done for the City offices. Agreement with Tennessen Associates for Phase II, Public Works Dept. Mr. Kriesel presented the agreement for thlS phase and dlscussed certain changes with Council regarding mileage charges and Project Termination. Mr. Tennessen will send an updated agreement. Motion by Councilmember Kimble, seconded by Councilmember Funke to approve the contract between Tennessen Associates and the City of Sti11water for Phase II, Public Works Dept., subject to changes discussed. (All in favor). r 2 r r r Stillwater City Council Minutes June 15, 1993 Special Meeting RECESS Motlon by Councilmember Kimble, seconded by Councilmember Funke to recess the meeting until 7:00 P.M. (All in favor). (lL~~rll">f,"'7 ATTEST: ~~~~ 3 ~ , REGULAR MEETING STILLWATER CITY COUNCIL MINUTES June 15, 1993 7:00 P.M. The Meeting was called to order by Mayor Hooley. Present: Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. None Absent: Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon Consulting Engineer Moore Comm. Dev. Director Russell Public .Works Director Junker City Clerk Johnson Press: Julie Kink, The Courier Mike Marsnik; Stillwater Gazette Mark Herwig, St. Croix Valley Press Others: Chuck Thell, Vern Stefan, Stella Casanova, Karl Ranum, Richard Kilty, L. Rumpf, Jack & Sally Evert, Joan Richert, Greg Schmidt, Bob Berg, Don Jahnke, Mr. Wolff; r APPROVAL OF MINUTES Motlon by Councilmember Cummings, seconded by Councilmember Kimble to approve the minutes of the Special Meeting of May 25, 1993 as presented. (All in favor). Motion by Councilmember Bodlovick, seconded by Councilmember Funke to approve the minutes of the Regular & Recessed Meetings of June 1, 1993 as presented. (All in favor). INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Charles Thell, McGladrey I Pullen - Presentation of 1992 Comprehensive Annual Financial Report. Chuck Thell, McGladry I Pullen, presented the annual Financial Report for 1992 with explanation of the contents. . 2. Joan Richert, Executive Director, St. Croix Animal Shelter - Discussion of funding for new buildin~ . Ms. Richert explained thilt they are considering the construction of a new animal shelter in Woodbury and requested the City of Stillwater to participate in the building fund. The City of Stillwater impounds 55 - 60 animals per year. Council discussion included the formation of an ad hoc r 1 - r Stillwater City Council Minutes June 15, 1993 Regular Meeting committee to stuqy the possibility of the City or local veterinarians performing this service. Motion by Councilmember Funke, seconded by Councilmember Kimble to organize an Ad Hoc Committee to consider other means of animal control for the City of Sti 11 water. (All in favor). 3. ~g Schmidt, Chair, Stillwater Library Board - Discussion of ca~ital nulJay Exsenditures for Llbrary computer system wlth wash1naton o. Mr. Schm1 t explalned that thlS ltem was 1n the budget in 1 91 and 1992 with the expectation that it would be paid in 1992. It was not budgeted for in 1993 and now has come due. Motion by Councilmember Funke, seconded by Councilmember Kimble to approve the expenditure of $37,104 for participation in the Washington County Library computer system. (All in favor). 4. Mayor Hooley - Statement to Downtown Council for planters donated to City. Mayor Hooley expressed hlS appreclatlon on behalf of the Clty tor the beautiful planters placed in the downtown area by the Downtown Council. r- STAFF REPORTS 1. -Comm. Dev. Di rector - Fundlng for B1Kepath/Walkway Mr. Russell explalned that Federal funding is available for the bikepath connecting the High School, -Jr. High School, Airport and Fairgrounds, of which Stillwater would be responsible for a portion on County Road 5. It would include other communities such as Bay town, Stillwater Township, etc. Motion by Councilmember Kimble, seconded by Councilmember Funke to direct the Community Development Director to continue working on the bikepath/walkway between the Junior High School, Senior High School, Fairgrounds and Airport, with the submission of an application for Federal funding. (All in favor). Motion by Councilmember Kimble, seconded by Councilmember Cummings to authorize the Community Development Director to work with a landscape architect, neighborhood groups and the Parks Commission in planning Highlands Park. All in favor. 2. Finance Director - No report. 3. Consulting Engineer - Mayor Hooley abstalned from discussion of the next item. Mr. Moore explained that with the demolition of the west wing of the old Jr. High School, the tunnel across Third St. will be closed off by {' 2 r Stillwater City Council Minutes June 15, 1993 Regular Meeting bulk-heading both ends and the County Engineer is requesting a letter from the City stating the process, that the tunnel is sound and it is being abandoned properly. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick directing the Consulting Engineer to proceed with the abandonment of the tunnel under Third St. and notify the County Engineer of the process. All in favor. 4. Public Works Director - Purchase of Two Dump Bodies for P.W. Trucks, Crane for Sewer Truck and Roller. Motion by Councilmember Funke, seconded by Councilmember Bodlovick to approve the purchase of two dump-bodies for Public Works trucks in the amount of $5,000 each from Crysteel. (All in favor) Council directed Mr. Junker to obtain another quote for the purchase of a new crane for the sewer truck. r Motion by Councilmember FunKe, seconded by Councilmember Kimble to approve the purchase of a Rosco Tandem Roller in the amount of $9,890 for the Public Works Dept. All in favor. Council recessed for five minutes and reconvened at 8:30 P.M. PUBLIC HEARINGS 1. -This lsthe day and time for the Public Hearing to consider the proposed changes to the Solid Waste Collection Agreement. Bob Berg noted disappointment regarding comments made by the contractor in the paper about complaints from those residents who go south in the winter and will now be charged. Discussion followed regarding the "snowbird" issue and the explanation for the charges -- that being, that certain charges are born by each user for removal of trash from parks, City Hall, lift stations, etc. at no extra charge and includes pick-up of old. appliances, etc. Jack Evert, 550 So. Grove St., aSKed how much the extra charges are for City pick-up. The Mayor stated it was an arbitrary figure because it is hard to arrive at a specific figure. Mr. Evert stated these costs need to be pinned down, and there needs to be stronger record keeping. Mr. Evert also addressed the elimination of clean-up days and stated he doesn't accept the fact that curbside placement.of brush and other extra garbage is an equivalent to clean-up days at the City dump and requested a fee reduction for this loss. Mayor Hooley explained the history of clean-up days. Council agreed that getting rid of tree brush is an issue. r 3 r r r Stillwater City Council Minutes June 15, 1993 Regul ar Meeti ng Mr. Miller also stated his dissatisfaction with the "snowbird" issue. Richard Kilty, 118 W. Oak St., commented on the business aspect of the contract and asked why the contract is being renegotiated. City Attorney Magnuson stated that last year's contract was an experiment since the volume-based system was new to the City and it is not a wholesale revision. Mr. Kilty also stated that the City still has not received any data from the contractor. Mr. Kilty stated that the contractor was supposed to have a report to the City by Jan. I, 1993 stating the volume and tonnage of all rubbish picked up; and if not, the contractor was not supposed to be paid. He also addressed Ms. Casanova's letter to the paper asking what the citizens are getting for a negotiated contract. Council discussed the submission of a report from the contractor which is submitted to Washington County. Mayor Hooley closed the public hearing and stated the Council will take all comments into consideration when approving the negotiated contract. 2. This is the day and time for continuation of the Public Hearing to consider a Variance to the front yard setback requirement (30 ft. required, 12 ft. requested) & the slope development standard (no development on slopes over 12t) for construction of a 20 ft. by 24'ft. attached garage at 118 Lakeside Dr., located in the RB, Two-Family Residential Dist. & Bluffland/Shoreland Dist., Case No. V/93-17, Michael & Sheryl Meyer, Applicants. Notice of the hearing was published in The Gazette on April 23, 1993 and mailed to affected property owners. Motion by Councilmember Kimble, seconded by Councilmember Funke to continue Case No. V/93-17, Michael & Sheryl Meyer, to July 6, 1993. - (All in favor). 3. This is the day and time for the continuation of the Public Hearing to consider a Special Use Permit for placement of a 40 sq. ft. wall sign & a 90 sq. ft. wall sign located at 514 E. Alder St. in the RB, Two-Family Residential Dist., Case No. SUP/93-26, Wolf Marine, Applicant. ' Notice of the hearing was published in The Gazette on May 21, 1993 and mailed to affected property owners. Karl Ranum, representing Wolf Marine, stated they want to put signs on two ends of the building and recommendations were made to amend the conditions of the permit which was passed on by the Planning Commission. They are requesting that their original application be approved. Mr. Wolf lost signage during the reconstruction of Highway 95 and has not had any signage since that time. 4 ~ Stillwater City Council Minutes June 15, 1993 Regular Meeting Mr. Russell stated that the recommendation to remove the sign when the slips are 90~ filled was agreed to by the applicant and last year the Planning Dept. worked with the state to direct traffic into Wolf's Marina. Council discussion followed. Motion by Councilmember Funke, seconded by Councilmember Kimble to approve the request for a Special Use Permit for placement of a 40 sq. ft. wall sign & a 90 sq. ft. wall sign located at 514 E. Alder St. in the RB, Two-Family Residential Dist., as originally requested, Case No. SUP/93-26, Wolf Marine, Applicant. (All in favor). UNFINISHED BUSINESS 1. . Commander Elevator Reuse Project, Case No. SUP/88-23, Mike McGuire, Appllcant. Mr. Russell explained that this case was sent back to the Design Review Committee who recommended approval of the request with the original conditions of approval. The applicant also should submit specific plans which would be reviewed by the Design Review Committee. Council also stated a desire to see more detail. Motion by Councilmember Funke, seconded by Counc;lmember Cummings to deny the Design Permit for the Commander Elevator, Mike McGuire, applicant. Discussion r-' followed. Motion by Councilmember Funke, seconded by Councilmember Cummings to amend the previous motion, to be denial without prejudice, and allow the applicant to return to the Council within a six months period of time. (Ayes - 4; Nays - 1, Councilmember Bodlovick). NEW BUSINESS 1. Re uest from Marlene de Boef, Coordinator, Washin ton Co. Historic our ouse 0 orrow e orlglna ~ ar er or ex 1 1 . Motion by Counc1lmember K1mble, seconded by Counc11member Bodlov1ck to grant the request of Marlene de Boef, representing the Washington Co. Historic Courthouse, to display the original 1854 City Charter until Dec. 31; and request the City Clerk to contact the Minnesota Historical Society regarding archiving of this item. (All in favor). 2. Tom & Lori Martin - Request for reimbursement for moving of fence. Motion by Councllmember K1mble, seconded by Counc11member Bodlov1ck to refer the fence claim to the City's insurance carrier. (All in favor). 3. Consideration of Development Agreement for TIF assistance between City of Stlllwater & CUB Foods. Mayor Hooley absta1ned from discussion of this item. r 5 r Stillwater City Council Minutes June 15, 1993 Regu 1 ar Meeti ng City Attorney Magnuson summarized the discussion to date regarding this agreement. He stated the amount of the bond would be $1.3 million. A short Council discussion followed with Councilmember Bodlovick requesting time for further review. Motion by Councilmember Kimble, seconded by Councilmember Cummings to adopt the appropriate resolution approving the Development Agreement for TIF assistance between the City of Stillwater'& CUB Foods. (Resolution.No. 93-110) Ayes - Councilmember Cummings, Funke and Kimble. Nays - 1, Councilmember Bodlovick. Abstain - 1, Mayor Hooley. 4. ~pointment of Jack Jewell to Board of Water Commissioners. Motionlby CounCllmember Funke, seconded by CounCllmember Kimble to confirm the reappointment of Jack Jewell to the Board of Water Commissioners. (All in favor). r 5. Lily lake Water Monitoring. City Coordlnator Krlesel explained that the Board of Soil & Water Resources can conduct water monitoring of Lily Lake at a cost of $1,100 and may also make recommendations to the City on ways to improve the lake. The funds are in both the Middle River and Brown's Creek Watershed city budgets for this study. Motion by Councilmember Kimble, seconded by Councilmember Funke to approve Lily Lake water monitoring by entering into a contract with the Board of Soil & Water Resources to conduct water sampling. (All in favor), Councilmember Cummings suggested that McKusick Lake also be included in this stu~ and Mr. Russell replied that this can be done next year. Discussion followed on removal of storm drains from Lily Lake and the source of drainage into the lake. CONSENT AGENDA Motion by Councilmember Kimble, seconded by Councilmember Funke to approve the Consent Agenda of June 15, 1993, including the following: -(All in favor). 1. Directinv Payment of Bills (Resolution No. 93-109). Ayes - Counc lmembers BodloV1Ck; Cummings, Funke, Kimble and Mayor Hooley. Nays - None - 2. The following Contractor's Allied Roofing Co. 22543 E. Martin Lk. Rd. Stacy, Mn. 55079 Licenses. Roofing Renewal 6 r (' Stillwater City Council Minutes June 15, 1993 Regular Meeting Giebles Woodworking 706 W. Hickory St. Stillwater, Mn. 55082 3. St. Mary's Church "Beer & Brat" Fundrai ser, July 3 - Request for Beer Permit. Richard Kilty, 118 W. Oak St., questioned the approval of this permit, stating that the church was not authorized to have alcohol on their premises since their new addition was constructed. Mr. Russell stated that the Planning Commission conditions of approval did not limit this activi ty. General Contractor Renewal r 4. Application for Payment No.1, Volk Sewer & Water, Highlands 4th Add. 5. Set Public Hearing date of July 6, 1993 for the following Planning Cases: a. Case No. V/93-34 - A Variance to the Sign Ordinance for construction of a 19 sq. ft. sign on a canopy or existing building in the Two-Family Residential Dist., RB Zoning Dist at 808 NO.Fourth St., Conso~idated Lumber Co., Applicant. - b. Case No. SUP/93-36 - A Special Use Permit for operation of a painting business out of a residence at 507 W. Maple St. in the Two-Family Residential, RB Zoning Dist., Forrest Cole, Applicant. - c. Case No. SUB/93-37 - Resubdivision of two lots, (2.48 acres), into three lots of .65 acres, .75 acres, and 1.18 acres, located in the Two-Family Residential, RB Zoning Dist. at 1023 No. Broadway, Robert McGarry, Applicant. d. Case No. SUB/93-35 - Minor Subdivision of lots 17, 18 & 19, Churchill & Nelson's 2nd Add., by adding a 5 ft x 150 ft. parcel to Lots 6,7 & 8, Churchill & Nelson's 2nd Add., located in the Two-Family. Residential , RB Zoning Dist., 311 E. Burlington St., Edna Andrewson, Applicant. e. Case No. SUB/93-38 - Minor Subdivision adding the south 10 ft. of Lot 4, Block 3, Thompson, Parker & Mower's 2nd Add. to Lot 6 of the same addition located in the Two-Family Residential, RB,. Zoning Dist., at 229 No. Everett St., Betty Swanson, Applicant. f. Case No. SUP/V/93-39 - A Special Use Permit & Variance to the Bed & Breakfast Ordinance (another Bed & Breakfast-is located within. 900 ft) to conduct a four-guest room Bed & Breakfast at 1306 So. Third St. located in the Two-Family Residential, RB Zoning Dist., John G. & El i zabeth Hi 1 pi sch; -Appli cants. COMMUNICATIONS/REQUESTS 1. Lenore Mulenpoh - complaint re~arding DRC resolution of garbage complaint. Mr. Krlesel stated Ms. MUlenpo is not satlsfied wlth the resolutlon ot her garbage complaint. Council discussion followed. r 7 r Stillwater City Council Minutes June 15, 1993 Regular Meeting Motion by Councilmember Funke, seconded by Councilmember Kimble to support the DRC Committee regarding the complaint from L. Mulenpoh and direct the City Coordinator to forward a letter to Ms. Mulenpoh regarding that decision. (Ayes - 4; Nays - 1, Councilmember Bodlovick). 2. Krongard Construction Co. - Request for variance to Noise Ordinance start tlme for construction from"8:00 A.M. to 7:00 A.M. Council dlScussion included the inconsistencles in starting times for various groups of contractors and the need for construction companies to start earlier than 8:00 A.M. They also discussed an ordinance amendment. Motion by Councilmember Kimble, seconded by Councilmember Funke to approve a variance to the Noise Ordinance for Krongard Construction Co. to begin construction at 7:00 A.M.; and direct Staff to prepare an ordinance amendment to reflect the same enforcement for all construction projects. (All in favor) . STAFF REPORTS (Continued) -City Coordinator - Addition to the Bills Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to add an r expense of $88.25, to the bills for Councilmember Funke's attendance at the LMC meeting. (All in favor). COUNCIL REQUEST ITEMS Discussion of NOlse comin~ from P.D. Pappy's Councllmember Klmble init ated discussion of this item since he has received complaints from residents in his ward. He spoke with the management who indicated their willingness to cooperate. It was also noted that a private party may also be in violation of the'Noise Ordinance. Discussion also included the purchase of a decimeter and Staff will look into such a purchase. Larry Lappi, asked some questions regarding P.D. Pappy's and the sound meter. Council stated this item will have to be purchased, first before the questions can be answered. ADJOURNMENT Motion by Councilmember Funke, seconded by Councilmember Cummings to adjourn the meeting at 10:30 P.M. (All in favor). r \ 8 r r r Stillwater City Council Minutes June 15, 1993 Regular Meeting ~ .,~ ATTEST: YlA . ~~. '9U_~~~~A':w, ~ d CWCLERK U Resolutions: No. 93-109 - Directing Payment of Bills. No. 93~110 - Approval of Development Agreement with Cub Foods. ~