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HomeMy WebLinkAbout1993-08-17 CC MIN r SPECIAL MEETING STILLWATER CITY COUNCIL MINUTES August 17, 1993 4:30 P.M. The Meeting was called to order by Mayor Hooley. Present: Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Absent: None Also Present: Press: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon Consulting Engineer Moore City Planner Pung-Terwedo City Clerk Johnson Julie Kink, The Courier Ed Cain Others: Update on Levee Wall Funding Ed Caln, LegislatTve Consultant, presented an update on the progress of funding for the Levee Wall and offered suggestions to ensure that this r-' funding may be received. Motion by Councilmember Kimble, seconded by Councilmember Funke authorizing Ed Cain, Legislative Consultant, to proceed with the proposal -of Option #2, adjusting the report placing the Levee Wall in an emergency situation; working with Staff on the necessary reports and authorizing further expenses of $8,500 as outlined by Mr. Cain. (All in favor). A short di scussion foll owed regardi ng the Southeast Sani tary Sewer Project and whether any public funds were available. Ms. Deblon stated that the existing programs either do not apply or do not have funds available for this project. It was suggested that possibly there are other programs or special legislation may be needed. BUDGET WORKSHOP Finance Director Deblon presented the worksheets relating to the preliminary 1994 Budget which stated that the general tax levy was increased 2.5% over 1993 with a debt service levy increase of 52% over 1993 due to the additional debt levy for the 1993 bonds. Capital Outlay, expenses for the Library, Ice Arena and various departments were discussed. Ms. Deblon noted that the proposed budget has to be adopted by September 15. Mayor Hooley suggested a review of Library expenses by committee and requested Council to suggest names and refer them to Finance Director r- 1 (""" r r Stillwater City Council Minutes August 17, 1993 Spec i a 1 Meeti ng Deblon. A discussion followed of the General Fund and Council suggested meeting with Department Heads for explanation of the requests. Council scheduled a Budget Workshop meeting for 4:30 P.M. August 31, 1993 with Department Heads. RECESS Councll recessed the meeting at 6:50 P.M. ATTEST: {M""IZ~~ ~~ " !TV CLERK ~~ 2 r REGULAR MEETING STILLWATER CITY COUNCIL "MINUTES August 17, 1993 7:00 P.M. The Meeting was called to order by Mayor Hooley. Present: Absent: Also Present: Press: Others: r Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. None City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon Public Works Director Junker Consulting Engineer Moore City Planner Pung-Terwedo City Clerk Johnson Julie Kink, The Courier Rod Amland, Stillwater Gazette Mark Herwig, St. Croix Valley Press Sam Griffith, HRA, Ron Langness, Springsted, Inc., Leonard Feely, Dave Swanson, Tom O'Brien, Duane Arndt; George McFadden, R. Kilty, Ed Cain, Mark Desch, Mark Walker, Steve Seeman, Dennis Balyeat. APPROVAL OF MINUTES Motlon by Councllmember Funke, seconded by Councilmember Kimble to approve the minutes of the Special Meeting of JUly 27, 1993 and Regular & Recessed Meetings of August 3, 1993, as presented. (All in favor). INDIVIDUALS, DELEGATIONS & COMMENDATIONS Steve"Seeman, 2180 Oak Glen Circle - Request for City help to alleviate drainage problems in Heifort's Pond' Mr. Seeman stated that the level of the pond has risen and is affecting many of the trees bordering the pond. He presented a petition from neighbors requesting City help. The City boundary runs through the middle of the pond, with the remainder in Stillwater Township. Extensive discussion followed with City Staff and Council, with a suggestion for a temporary procedure of pumping the pond. Motion by Councilmember Funke, seconded by Councilmember Kimble to allow two pumps to be used to alleviate the drainage problems of Heifort Pond from 7:00 A.M. to 4:30 P.M. Discussion followed. Motion by Mayor Hooley, seconded by Councilmember Cummings to amend the previous motion to use one pump to alleviate the drainage problems of Heifort r 1 r Stillwater City Council Minutes August 17, 1993 Regular Meeting r Pond and direct the City Engineer to investigate the costs for a permanent solution to the problem. (All in favor). Mark Walker, 333 W. Aspen St. - Re?Uest for inspection of sidewalk & discussion of clean-up of resident al ~roperty " Mr. Walker requested a reVlew or hlS s dewalk and a bid price in order to get the work done. Mr. Moore replied that this could be done about Sept. 1. Mr. Walker also stated that Code Enforcement Officer Miller sent a notice requesting clean-up of his property, but Junker Sanitation will not pick up the brush which'he has put into four foot bundles. Council advised Mr. Walker to write a letter to the Dispute Resolution Committee. 1. Ron Langness, Springsted, Inc. - Possible Award of Bid on Sale of the fOllowlns bonds: a. $1,0 0,000 G.O. Tax Increment Bonds, Series 1993A b. $1,400,000 G.O. Improvement Bonds, Series 1993B c. $1,840,000 G.O. Capital Outlay Bonds, Series 1993C Motion by Councilmember Funke, seconded by Councilmember Cummings to adopt the appropriate resolution awarding the sale of $1,000,000 G.O. Tax Increment Bonds, Series 1993A to FBS Investment Services, Inc. (Resolution No; 93-151) Ayes - Councilmembers Bodlovick, Cummings, Funke and Kimble. Nays - None Abstain - 1, Mayor Hooley Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to adopt the appropriate resolution awarding the sale of $1,400,000 G.O. Improvement Bonds, Series 1993B to Robert W. Baird & Co. (Resolution No. 93-152) Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays ~ None - Motion by Councilmember Funke, seconded by Councilmember Kimble to adopt the appropriate resolution awarding the sale of $1,840,000 G.O. Capital Outlay Bonds, Series 1993C to FBS Investment Services, Inc. (Resolution No. 93-153) Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays - None - 2. Tom O'Brien, Simonet's - Request to park semi-trailer on Nelson St., between Maln & Water Streets on Oct. 16 & 17. Motion by Councilmember Klmble, seconded by Councilmember Bodlovick to approve the request of Tom O'Brien, representing Simonet's Furniture, to park a semi-trailer on Nelson St., between Main & Water Streets, on Oct. 16 & 17, 1993. (All in favor). r 2 r r r- Stillwater City Council Minutes August 17, 1993 Regular Meeting 3. Dave Swanson - Request for Sesquicentennial parade funds, for Sept. 11, 1993. Motion by Councilmember Funke, seconded by Councilmember Kimble to approve the request for Sesquicentennial parade funds, as outlined by Dave Swanson. (All in favor). Mr. Swanson was directed to review the parade route with the Sesquicentennial Committee and possibly change it to the old route used for Lumberjack Days parades. 4. Miron - Community Volunteer Services - Re uest for continued fundin or e t wa er enlor ommun ~ en er. Kathy Miron, June Eagleton and Nlle Krlesel made a presentation and request for continued funding for the Stillwater Senior Community Center, which will be considered during the budget workshops. 5. Sam Griffith, Washington Co. HRA - Municipal Service Charge Agreement & Resolution for Brick Pond. " Mr. Grifflth stated they are requesting Council authorization, by resolution, to complete acquisition of the Brick Pond complex. Also, they are obligated to make payment in lieu of taxes and will be adding an additional service charge payment to the City in order that the City does not lose any tax funds. Consulting Engineer Moore reminded Mr. Griffith that there is a lift station which is private and Mr. Griffith stated he is aware of that fact. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the appropriate resolution authorizing the Washington Co. HRA-to proceed with the Brick Pond project and approval of the Municipal Service Charge Agreement for payment in lieu of taxes. (Resolution No. 93-154) Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays ~ None - Council recessed for five minutes and reconvened at 8:25 P.M. 6. Petition re uestin review of State & Federal fundin for Southeast Area an ar~ ewer rOJec. " - Discusslon followed regarding the meeting residents of this area held at the Oak Park Elementary School where Staff was requested to investigate any State and Federal funding available for this project. Finance Director Deblon stated she has reviewed all possible funding and nothing is available. Councilmember Funke stated the City should try every available source of funding and asked Ed Cain, Legislative Consultant, to comment. Mr. Cain explained the process for seeking funds and a 3 r Stillwater City Council Minutes August 17, 1993 Regul ar Meeti ng discussion with Council followed. Also discussed was some leniency toward residents in requiring hook-up to the proposed sewer line. Motion by Councilmember Kimble, seconded by Councilmember Funke to direct Ed Cain, Legislative Consultant, to report to Council on the possibility of funding sources for the Southeast Sanitary Sewer Project. (All in favor.) r STAFF REPORTS L -l'inanceDirector- Dutch Elm Fund Ms. Deblon-reported there are approximately $111,000 in this fund and suggested that a portion of these funds could be utilized for other City purposes. She also recommended that $15,000 to $20,000 be left in the fund for trees and removal. Council and Staff discussion followed regarding funds for removal of stumps, and citizens taking care of tree removal on private property. Motion by Councilmember Funke to transfer monies from the Dutch Elm Fund to the General Fund, leaving a balance of $20,000 in the Dutch Elm Fund: Motion died for lac~ of a second. Further discussion followed regarding the use of these funds for other purposes. Councilmember Cummings stated he would like to use it for a matching grant fund which would be directed toward the park dedication fund. Mayor Hooley requested Council to submit suggestions for the use of these funds at the next meeting. 2. Public Works - Request for Limited Parking on Linden St. Motion by Councllmember Funke, seconded by Councilmember Kimble to adopt the appropriate resolution to place "No Parking 8:00 A.M."to 4:00 P.M., Monday - Friday" signs on the north side of'W. Linden St. (Resolution No. 93-155) , - r Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays ~ None ' Removal of Permit Parking Si~ns at new Junior Hi~h School Motion by Councilmember Bodlovic , seconded by Counc lmember Kimble to adopt the appropriate resolution removing the permit parking signs installed in the vicinity of the former Stillwater Senior High School. (Resolution No. 93-156) Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays - None 3. Consulting Engineer - Resolution of Erosion & Drainage Problem at 673 Broadway 4 r- r r Stillwater City Council Minutes August 17, 1993 Regular Meeting Mr. Moore reported that there is a dangerous erosion problem in this area with water running down the driveway toward the bank. He stated a catch basin could be installed for approximately $1,500. Motion by Councilmember Kimble, seconded by Councilmember Cummings to authorize the expenditure of approximately $1,500 to install catch basins in the vicinity of 673 Broadway to correct erosion problems. (All in favor). A short discussion followed regarding the erosion on No. Center St. and Mr. Junker reported that Abbott St. has been graded. 4. City Planner - Zonlng Ordinance Amendment regarding exterior storage of recreational vehicles. Motion by Councilmember Kimble, seconded by Councilmember Cummings directing Staff to prepare an amendment to the Zoning Parking Ordinance regulating storage of recreational vehicles on residential property. (All in favor). Attendance at State Planning Conference Motion by Councilmember BodloV1Ck, seconded by Councilmember Cummings to approve the attendance of the Comm. Dev. Director and City Planner at the State Planning Conference in Rochester, Sept 22-24, 1993. (All in favor). PUBLIC HEARINGS 1. 'ThlS ls"the day and time for the Public Hearing to consider a Variance to the total sq. footage allowable for accessory structures (1,000 ft. maximum allowable for all structures, 1,600 sq.ft. proposed) for the construction of an attached garage located at 811 W.Pine St. in the RB, Two-Family Residential Dist., Case No. V/93-47, Duane Arndt, Applicant. Notice of the hearing was published in The Gazette on August 6, 1993 and mailed to affected property owners. Mr. Arndt explained his case for the construction of a 1,600 sq. ft. garage on a large lot with an existing 600 sq. ft. garage which the Planning Commission denied. City Planner Pung-Terwedo stated the existing garage is 936 sq. ft. and the ordinance allows a total of 1,000 sq. ft. for accessory structures. There are two driveways with the other driveway being used for this structure. It was felt this request was too excessive for the residence. Discussion followed between Mr. Arndt, Council and Staff with Mr. Arndt explaining his reasoning for the two driveways, the inappropriateness of square footage limitations for the size of this lot, etc. Mr. Arndt noted that there were no objections from the neighbors. Mayor Hooley closed the public hearing. 5 r Stillwater City Council Minutes August 17, 1993 Regular Meeting Motion by Councilmember Funke, seconded by Councilmember Kimble to approve a Variance to the total sq: footage allowable for accessory" structures (1,000 ft. maximum allowable for all structures, 1,600 sq.ft. proposed) for the construction of an attached garage located at 811 W.Pine St. in the RB, Two-Family Residential Dist., Case No. V/93-47, Duane Arndt, Applicant. (Ayes ~ 4; -Nays - 1, Councilmember Bodlovick). r UNFINISHED BUSINESS 1. -"Request for apsroval of Comprehensive Plan update work program & budg~ Ms. pung-Terwe 0 presented the background of the Comprehensive Plan upaate Work Program and budget which is now on computer and needs to be analyzed. It would take approximately one year to complete. Motion by Councilmember Kimble, seconded by Councilmember Funke to approve the work program and budget for the Comprehensive Plan Update Work Program as presented. (All in favor). Council stated they would like to have the plan in place by April, 1994. 2. Update on UBC land purchase and request for authorization for Phase II Environmental Analysis. Ms. Pung-Terwedo stated an environmental impact study of the soils needs to be completed to determine any contamination. City Attorney Magnuson stated there is no liability to the City to have the stuqy done, it is only informational. Council directed Councilmember Kimble to contact Washington Co. HRA and the City Coordinator contact UBC to reopen discussion of the purchase and exchange of property for UBC's new facility in the west Stillwater business park. 3. Resolutions re~uesting Mn/DOT participation in construction of Hwy. 36 Frontage Road etween Washin~ton Ave. & countf Rd. 5 & Hi~hWay " 36/Washington Ave. intersect on improvements related to tlllwater Market~l ace ProJect).' Mayor Hooley abstained from discussion and action on this item. Ms. Pung-Terwedo explained the plan for construction of a frontage road to Curve Crest Blvd. this fall, relating to the Stillwater Market Place Project, with the City paying for a portion of the frontage road along with some signals and reimbursement from Mn/DOT. Richard Kilty, 118 W. Oak St., asked why the City is paying for Osgood Ave. Consulting Engineer Moore replied there will be increased traffic flow and Mn/DOT has programmed additional turn lanes at the intersections, therefore requiring additional heads on the signal at Greeley and Osgood so they will be in sequence with the traffic flow. 6 r- r Stillwater City Council Minutes August 17, 1993 Regular Meeting Mr. Moore explained there are two resolutions for the frontage road projects with the City paying for costs in 1994 when needed and being reimbursed by the State in 1996/97 through a cooperative agreement with Mn IDOl. Motion by Councilmember Kimble, seconded by Councilmember Cummings to adopt the appropriate resolution requesting Mn/DOT participation in the construction of Highway 36 Frontage Road on the north side of Highway 36. (ReSOlution No. 93-157) - Ayes - Councilmembers Bodlovick, Cummings, Funke and Kimble. Nays - None Abstain - 1, Mayor Hooley. Motion by Councilmember Kimble, seconded by Councilmember Cummings to adopt Resolution No. 93-158 requesting MnlDOT participation in the construction of the intersections of Highway 36 & Washington St., Washington Co. Rd. 66 & Osgood Ave. No. (ReSOlution No. 93-158) Ayes - Councilmembers Bodlovick, Cummings, Funke and Kimble. Nays ~ None r-' Abstain - 1, Mayor Hooley. 4. U date & distribution of Final Lowell Park Plan; & u date on Levee a P an mp emen a lon.- City Planner Pung-Terwedo gave a brief update on the Lowell Park Plan which will extend Mulberry St. to Mulberry Point and would be used for all activities in the community with new picnic grounds, etc. Ed Cain, Legislative Consultant, presented an update on funding for the Levee Wall which can also include landscaping and reconstruction of the area around the Levee. 5. Possible vacation of right-of-way on No. Third St., between Hazel & Alder Streets. "" "' Consulting Engineer Moore stated this request involves a section of No. Third St. between Alder and Hazel Streets where Barry Stack did a survey for the possible sale of a home and found two homes located in the right-of-way. Mr. Stack would like to prepare a document with an example of how the new right-of-way could be dedicated. Motion by Councilmember Kimble, seconded by Councilmember Funke directing Staff to prepare the documents for a possible vacation of right-of-way on No. Third St., between Hazel & Alder Streets. (All in favor). r , 7 r Stillwater City Council Minutes August 17, 1993 Regular Meeting NEW BUSINESS 1. Resolution - Acceptance & Final Payment for Gloves Addition, L.I. 283. Motion by Councilmember BodloVTCk, seconded by Councllmember Klmble"to adopt the appropriate resolution accepting the work and making final payment of $6,438.50 to Hydrocon, Inc. for Gloves Add., L.I. 283. (Resolution No. 93-159) , Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays ~ None - r Change Order No.1, in 293. (All in favor). CONSENT AGENDA Motlon by Councilmember Funke, seconded by Councilmember Kimble to approve the Consent Agenda of August-17, 1993, adding two gambling permits for the Knights of Columbus, and including the following: (All in favor) " 1. Directin~ p~ent of Bills (Resolution No. 93-150). Ayes"- Councllme ers Bodlovick; Cummings, Funke,"Kimble and Mayor Hooley. Nays ~ None - 2. The following Contractor's Licenses. Capra's Utlllties, Inc. ' Excavators 4120 Isle Ave. No. Lake Elmo, Mn. 55042 Renewal D & V Trucking & Excavating 884 Old Birch St. Lino Lakes, Mn. 55014 Kellison Co. 3880 Laverne Ave. No. Lake Elmo, Mn. 55042 Exc av a tors Renewal General Contractor Renewal Leroux Excavating, Inc. 2104 64th St. White Bear Lake, Mn. 55110 3. AP~lication for Payment No.3, Volk Sewer & Water, Highlands, Phase IV, L. . 293. Excavators Renewal 4. Set Public Hearing date of Sept. 7, 1993 for the fOlloWin~ Planning Cases: a. Case No." ZAM/93-40 - Posslole second readlng of an ord nance amendment rezoning 11.5 acres'of land from Bus.Pk.-Indus. to Multi-Family r- 8 r- Stillwater City Council Minutes August 17, 1993 Regular Meeting Residential Medium Density (RCM) located north of Curve Crest Blvd. & east of Courage St.Croix Center, Leonard & Elizabeth Feely, Applicants. b. Case No. V/93-46 - A Variance to the rearyard setback-requirements (25 ft. required, 20 ft. requested) for the construction of a home at 2047 Oak Glen Dr. in the RA, Single-Family Residential Dist., Geraldine A. Freels, Applicant. - c. Case No. V/93-48 - Variance to the front yard setback requirement (30 ft. required, 20 ft. requested) for the construction of a 23 ft. by 26 ft. garage located at 817 So. Fifth St. in the RB, Two-Family Residential Dist., Steve Hesse; Applicant. d. Case No. V/93-49 - Variance to the side & rearyard setback requirements (5 ft. side & rearyard required, 2 ft., 8 in. proposed) for the construction"of a garage located at 912 W. Laurel St. in the RB, Two-Family Residential Dist., Connie F. Devich, Applicant. e. Case-No. ZAT/93-5 - Possible second reading of an ordinance amendment to the Zoning Ordinance, Section 31.01, regulating development on restrictive soils, City of Stillwater, Applicant. 5. Application for Authorization for Exemption from Lawful Gambling License from Stlllwater Knights of Columbus #1632 for Oct:16, 1993 & Nov.14, 1993. r' controls. COUNCIL REQUEST ITEMS D1Scusslon of possible Joint Powers construction of new Ice Arena Mayor Hooley lnltlated dlScussion of thlS item and introduced a letter from Councilmember Cummings, who explained the possibility of contacting surrounding communities regarding their interest in joining Stillwater in constructing a new Ice Arena. Motion by Councilmember Kimble, seconded by Councilmember Funke to approve submission of a letter to neighboring communities to determine interest in a community center/ice arena for use by St. Croix Valley residents with shared costs. (All in favor). Thank you from John Hooley, C.E.O. of Cub, for program & fireworks in Lowell Park on JUlt 31. Mayor Hooley read he letter which was addressed to the Council. Drainage problems with Pizinger's Pond D1Scusslon followed regarding the problems outlined in a letter from the Pizinger's, 2803 Interlachen Dr., regarding the rising waters in a pond which borders their property. " Mr. Moore advised that the water is high in the pond and Long Lake and requested the Public Works Dept. review it and r 9 r r r Stillwater City Council Minutes August 17, 1993 Regular Meeting see if the stream from Long Lake is blocked. Mr. Moore and Mr. Junker will report to Council on this item after reviewing the problem. " Motion by Councilmember Kimble, seconded by Councilmember Funke directing the Consulting Engineer to determine data available and further study of the drainage problems of the pond bordering Pizinger's property. (All in favor). ADJOURNMENT Motion by Councilmember Kimble, seconded by Councilmember Funke to adjourn the meeting at 10:00 P.M. (All in favor). - ATTEST: 'JA.J.lJ ~" " C Resolutions: No. 93-150 - Directing Payment of Bills. No. 93~151 - Award bid for $1,000,000 G.O. TIF Bonds, Series 1993A. No. 93~152 - Award bid for $1,400,000 G.O. Imp. Bonds, Series 1993B. No. 93~153 - Award bid for $1,840,000 Capital Outlay Bonds, Series 1993C. No. 93~154 ~ Approved HRA Brick Pond Proj. & Municipal Servo Charge Agreement. No. 93~155 ~ "No Parking" signs on Linden St., east of Everett St. No. 93-156 ~ Removal of signs (Permit Parking) at new Jr. H.S. No. 93-157 - Mn/DOT participat10n in construction of Hwy. 36 Frontage Rd. No. 93-158 ~ Mn/DOT participation in construction of Hwy.36 &-Washington St., Co. Rd; 66 & Osgood Ave. No. 93-159 - Accept work & Final Payment for Gloves Add., L.I. 283. 10