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Home My WebLink About1995-02-07 CC MIN C. .' r". (' Regular Meeting STILLWATER CITY COUNCIL MINUTES February 7,1995 4:30 p.m. The meeting was called to order by Mayor Kimble. Present: Councilmembers Cummings, Thole, and Mayor Kimble. Absent: Councilmembers BeaIka and Zoller Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon City Engineer Eckles Police Chief Beberg Fire Chief Ness Building Official Zepper City Clerk Weldon Press: Mike Marsnik, Stillwater Gazette Julie Kink, The Courier Others: David Harvieux DEVELOPMENT AGREEMENT - KUTZ ADDITION - 1.1. 308 City Attorney Magnuson reviewed the Development Agreement for Kutz Addition, 1.1. 308. Amendments were made to Section 5.02 deleting 45 days, and inserting 14 days. Section 4.03 was added granting a license to put in a roadway but not obstruct the pathway. Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt the appropriate resolution approving the Development Agreement for Kutz Addition, 1.1. 308, as amended. (Resolution No. 95-31) Ayes - Councilmembers Cummings, Thole and Mayor Kimble Nays - None STAFF REPORTS 1. Police Chief - Chief Beberg explained the salary requests on the Consent Agenda. c r '" Stillwater City Council Minutes Regular Meeting February 7,1995 2. Fire C:hief - Chief Ness explained the calendar sale fund raiser. Motion by Councilmember Cummings, seconded by Councilmember Thole to authorize the Fire Department to donate an unused aluminum boat to the Mahtomedi fire department for rescue operations. All in favor. 3. City CoortiinRtor.. Council set a team building workshop for Saturday, February 25, at Roberto's in Vadnais Heights. Motion by Councilmember Thole, seconded by Councilmember Cummings to approve the attendance of Emergency Management Director Stu Glaser at the EMS Conference. All in favor. 4. City Attornev - City Attorney Magnuson reported on the sale of the Lumberman's Exchange Building, and distributed a closing statement. Motion by Councilmember Thole, seconded by Councilmember Cummings to direct the City Attorney and Building Official to investigate costs and responsibilities of the City to enable fulfillment of the purchase agreement responsibilities and the closing of escrow account with a ceiling cost of $5,900 and floor of SO. All in favor. ADJOlJRNMENT Motion by Councilmember Thole, seconded by Councilmember Cummings to recess the meeting until 7:00 p.m. All in favor. d;r// ~ YOR AITEST:---D?QIl ~', lJ oj/'--) CITY CLERK Resolutions: No. 95-31 - Approving Development Agreement for Kutz Addition, 1.1. 308, as amended. 2 \ "., C". r (' Recessed Meeting STILL WATER CITY COUNCIL MINUTES February 7, 1995 7:00 p.m. The Meeting was called to order by Mayor Kimble. Present: Councilmembers Cummings, Thole, and Mayor Kimble Absent: Councilmembers Bealka and Zoller Also Present: City Coordinator Kriesel City Attorney Magnuson Community Development Director Russell City Engineer Eckles Consulting Engineer Moore Planning Commission Chairman Fontaine City Clerk Weldon Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Others: Andrew Peterson, Ann Healy, Judy Gulden, Richard Kilty APPROVAL OF MINUTES Motion by Councilmember Cummings, seconded by Councilmember Thole to approve the minutes of the Special Meeting of January 10, 1995, the Regular Meeting of January 17, 1995, and the Workshop Meeting of January 24, 1995. All in favor. PETITIONS. INDMDUALS DELEGATIONS & COMMENDATIONS 1. Andrew Peterson and Ann Healv. SnoW1'low Productions - Movie Production Permit Andrew Peterson, location mnnllger for Snowplow Productions, presented a request to film a movie in Stillwater at various locations for eight to nine days during the first two weeks of March. Ann Healy requested exclusive use of the parking lot on the east side of the Hooley Building for the first two weeks of March. Motion by Councilmember Cummings, seconded by Councilmember Thole to approve the Movie Production Permit for Snowplow Productions to film a movie in Stillwater. All in favor. 2. Fri""'cI~ of Stillwater Parks Judy Gulden, Friends of Stillwater Parks, presented background on Friends of Stillwater Parks. ('\ Stillwater City Council Minutes Recessed Meeting February 7,1995 Motion by Councilmember Cummings, seconded by Councilmember Thole to approve the expenditure of $500 as seed money for start up activities for Friends of Stillwater Parks and City in-kind donation for photocopying services. All in favor. CONSENT AGENDA Motion by Councilmember Thole, seconded by Councilmember Cummings to approve the consent agenda of February 7, 1995, including the following: I. Directing Payment of Bills (Resolution No. 95-28). 2. Approving wage increase for part-time Police Officers (Resolution No. 95-32) 3. Approving wage increase for part-time Police Clerkffypist (Resolution No. 95-33) 4. Approving permanent employment ofFire Chief (Resolution No. 95-34) 5. Approving contract for Employee Assistance Program (Resolution No. 95-35) 6. Approval to purchase lawn tractor (Resolution No. 95-36) 7. Establishing Compliance with Reimbursement Bond Regulations under Internal Revenue Code (Resolution No. 95-37) 8. Approval: Temporary Liquor License, St. Mary's Church - Anniversary Celebration. {"'. 9. Approval: Submit Claim against the City to insurance carrier. Ayes - Councilmembers Cummings, Thole, and Mayor Kimble Nays - None {' PUBLIC HEARINGS I. Case No. ZAM/94-64. This is the day and time for the public hearing to consider a zoning ordinance map amendment to rezone a 7.5 acre parcel of property from RA, Single Family Residential to RB, Two Family Residential. The property is located east of County Road 5 and Croixwood Blvd. John E. Roettger, applicant. Notice of the hearing was placed in the Stillwater Gazette on December 29,1994, and notices mailed to affected property owners. Community Development Director Russell reported that the applicant had requested Case No. ZAM/94-64 and SUB/PUD/94-63 be continued. 2 (', r r Stillwater City Council Minutes Recessed Meeting February 7,1995 2. Case No. SUBIPUD/94-63 - This is the day and time for the public hearing to consider a major subdivision ofa 7.5 acre parcel into 10-duplex lots ranging in size from 10,800 sq. ft. to 18,900 sq. ft. The property is located east of County Road 5 at Croixwood Blvd. In the RA, Single Family Residential District. John E. Roettger, applicant. Notice of the hearing was placed in the Stillwater Gazette on December 29, 1994, and notices mailed to affected property owners. Motion by Councilmember Thole, seconded by Councilmember Cummings to continue Case No. ZAM/94-64 and Case No. SUBIPUD/94-63 to the March 7 meeting. All in favor. 3. Case No. ZAT/95-7. This is the day and time for the public hearing to consider a zoning ordinance text amendment revising the sign ordinance by reducing the allowed size and height of signs in business park districts. City of Stillwater, applicant. Notice of the hearing was placed in the Stillwater Gazette on December 29,1994. Mr. Russell explained the request. Motion by Councilmember Thole, seconded by Councilmember Cununings to have a first reading by title of Ordinance No. 805, revising the sign ordinance by reducing the allowed size and height of signs in the business park districts. All in favor. 4. Case No. PUD/95-8. This is the day and time for the public hearing to consider a planned unit development permit for office business use with parking located at the comer of south 3rd Street and Pine Street in the PA, Public Administrative Office District. CUB Food and City of Stillwater, applicants. Notice of the hearing was placed in the Stillwater Gazette on December 29,1994, and notices mailed to affected property owners. Community Development Director Russell explained the request. Planning Commission Chairman Fontaine stated that the Planning Commission voted to deny the request 5-3. Tom Thueson, Director of Development for Cub Foods, explained the intent of the request. Richard Kilty, 118 W. Oak Street, presented his objections to the proposal. Motion by Councilmember Cummings, seconded by Councilmember Thole to continue Case No. PUD/95-8 to March 7,1995. All in favor. 3 (' , (' r Stillwater City Council Minutes Recessed Meeting February 7, 1995 5. Case No. SUBN /95-2. This is the day and time for the public hearing to consider a preliminary plat approval and variances to the front yard setback requirements for a major subdivision ofa 7.2 acre parcel of property into 36 lots with one outlot ranging in size from 5,386 sq. ft. to 66,625 sq. ft. for construction oftwinhomes with zero lot line setbacks. The property is located on the south east corner of Shelton Drive and Tuenge Drive in the RB - Two- Family Residential District. Schafer Development, applicant. Notice of the hearing was placed in the Stillwater Gazette on December 29,1994, and notices mailed to affected property owners. The Planning Commission continued this case to their meeting of February 13, 1995. Motion by Councilmember Cummings, seconded by Councilmember Thole to continue Case No. SUBN/95-2 until March 7,1995. All in favor. NEW BUSINESS 1. Pre-annlication review for TIF assistance for a mail survev research use in the West Stillwater Business Park. R"Atlex. AppHr...nt. Motion by Councilmember Thole, seconded by Councilmember Cummings to direct staff to continue working with John and Kelly Semler, applicants, on developing aTax Increment Financing agreement and return with a report at the March 21, 1995 meeting. All in favor. UNFINISHED BUSINESS I. Awointment - Parks and Recreation Board Motion by Councilmember Cummings, seconded by Councilmember Thole to appoint John Melville to the Parks and Recreation Board. All in favor. 2. Parkin" Permit Anti Parlcini Violation Fees in Downtown Area (pontinued from 1/17/95) Motion by Councilmember Thole, seconded by Councilmember Cummings to continue to the March 7, 1995 meeting a possible increase in parking permit and parking violation fees in the downtown area All in favor. 4 r. (' r Stillwater City Council Minutes Recessed Meeting February 7,1995 3. ~oroval: On-site ~tic svstem permit - North of Willow and HAd of First Street. Mllfiaret Zoltai. IWllir.Ant. Motion by Councilmember Cummings, seconded by Councilmember Thole to approve the on- site septic system permit, North of Willow and east of First Street, Margaret Zoltai, applicant, subject to signing of waiver. All in favor. 4. Second 1'P.AtlinQ of OrdinanC'.e No. 802. Amendi"v Ordinance No. 791. establishina reql1irement of lot developm""t plan. llt'adinl! escrow. And as-built survev for all new buildini construction. Motion by Councilmember Thole, seconded by Councilmember Cummings to have a second reading of Ordinance No. 802 Amending Ordinance No. 791, establishing requirement ofIot development plan, grading escrow, and as-built survey for all new building construction. Ayes - Councilmember Cummings, Thole, and Mayor Kimble Nays - None Absent - BeaIka and Zoller 5. , TnttJltp~ Well AhAnclnnment And Wellhp.Arl Protection PrQaram City Engineer Eckles updated Council on the Well Abandonment and Wellhead Protection Program. Council took no action. 6. l~te: Loni T .Ale... water levels City Engineer Eckles updated Council on the Long Lake water levels. Council took no action. 7. TJJ)dAt...: Dump Site Motion by Councilmember Thole, seconded by Councilmember Cummings to authorize staff to begin the selection process for choosing a consultant to complete the study of the "Old Stillwater Dump Site" near the intersection of Myrtle Street and Eagle Ridge Trail. All in favor. 8. Sppnnd Rp.fuiinv of Oniinan('.p. No. 803.llnnrovine the zonini ordinRnr.e mQ,p amp.nilment_ 2001 Wa~hiniIDn Avenue from BP-C to BP-1. Motion by Councilmember Thole, seconded by Councilmember Cummings to have a second rel'tling of Ordinance No. 803, approving the zoning ordinance map amendment - 2001 Washington Avenue from BP-C to BP-1. 5 (". r r Stillwater City Council Minutes Recessed Meeting February 7,1995 Ayes - Councilmembers Cummings, Thole, and Mayor Kimble Nays - None Absent - Councilmembers BeaIka and Zoller 9. Autbnri7Jltion for A TEC RnvironmP.T1tJlI Consultants to comnlete additional studies of North Third Street Dump Site. Motion by Councilmember Thole, seconded by Councilmember Cummings to authorize expenditures of up to $1,500 for additional study of North Third Street dump site by ATEC Environmental Consultants. All in favor. NEW BUSINESS (continued) 2. Letter to MN/DOT rea-Ardini Historic Lift Bridie Motion by Councilmember Thole, seconded by Councilmember Cummings to direct staff to send a letter to MN/DOT responding to correspondence between the National Park Service and the Advisory Council on Historic Preservation. All in favor. Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt the appropriate resolution reiterating the City of Stillwater's position on a new bridge across the St. Croix River and Trunk Highway 36 improvements. (Resolution No. 95-39) Ayes - Councilmembers Cummings, Thole, and Mayor Kimble Nays - None 3. Reauest to use City riaht..of...wo$Y for constmction of a stairw.f\V Motion by Councilmember Cummings, seconded by Councilmember Thole to approve construction of a stairway on City right-of-way on Mulberry Street between Second Street and Main Street, according to Plan 2. All in favor. 4. 1995 Street Proiects. 1.1. 312 Consulting Engineer Moore reviewed the projects. Motion by Councilmember Cummings, seconded by Councilmember Thole to adopt the appropriate resolution receiving the report and calling a hearing on 1995 Street Projects, 1.1. 312. (Resolution No. 95-40) Ayes - Councilmembers Cummings, Thole, and Mayor Kimble Nays - None 6 (", (' (' Stillwater City Council Minutes Recessed Meeting February 7,1995 5. Resolution: Approval of Aereement with Stillwater YAcht Club for Snecial Use ofSanitarv Sewer. Motion by Councilmember Cummings, seconded by Councilmember Thole to adopt the appropriate resolution approving the agreement with Stillwater Yacht Club for special use of sanitary sewer. (Resolution No. 95-41) Ayes - Councilmembers Cummings, Thole, and Mayor Kimble Nays - None COMMlJNICA TIONS/REOUESTS 1. Letter: WilliAm Buth. Board of Mulber1:y Point Yacht Harbor Motion by Councilmember Cummings, seconded by Councilmember Thole to direct the City Engineer to investigate the accumulation of sand from runoff at the north end of the Stillwater Yacht Club property, and report back to Council. All in favor. STAFF REPORTS (Continued) I. Community Development Director - Motion by Councilmember Cummings, seconded by Councilmember Thole to,adopt the appropriate resolution authorizing a contract with Short-Elliott-Hendrickson for preparation of a Comprehensive Sewer Water Feasibility Study for URTPA. (Resolution No. 95-42) Ayes - Councilmembers Cummings, Thole, and Mayor Kimble Nays - None Motion by Councilmember Olmmings, seconded by Councilmember Thole adopting the appropriate resolution approving a minor subdivision, 2289 Croixwood, SUB/94-56. (Resolution No. 95-29) Ayes - Councilmembers Cummings, Thole, and Mayor Kimble Nays - None 2. City CnnrrlinAtnr - Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt the appropriate resolution commending Finance Director Deblon and the Finance Department Staff for the GFOA Certificate of Achievement. (Resolution No. 95-30) 7 ('; ('" {1 Stillwater City Council Minutes Recessed Meeting February 7,1995 Ayes - Councilmembers Cummings, Thole, and Mayor Kimble Nays - None ADJOIJRNMENT Motion by Councilmember Thole, seconded by Councilmember Cummings to adjourn the meeting at 9:45 p.m. All in favor. ATfEST: f1~" L' 1 ~d,,^\ CITY CLERK Resolutions: No. 95-28 - Directing Payment of Bills No. 95-29 - Minor Subdivision, 2289 Croixwood, SUB/94-56 No. 95-30 - Commending Finance Department for GFOA Cert. Of Achievement No. 95-31 - Development Agreement, Kutz Addition, 1.1. 308, as amended. No. 95-32 - Approving salary schedule for prr police officers No. 95-33 - Approving salary schedule for prr police clerk/typist No. 95-34 - Approving permanent employment of Fire Chief No. 95-35 - Approving contract for Employee Assistance Program No. 95-36 - Approval to purchase lawn tractor No. 95-37 - Establishing compliance with reimbursement bond regulations under Internal Revenue Code (1.1. 303, 304) No. 95-38 - Establishing compliance with reimbursement bond regulations under Internal Revenue Code (1.1. 305, 307, 308, 310, 312,1995 Capital Outlay) No. 95-39 - Reiterating the City of Stillwater' position on new bridge across the St. Croix River and Trunk Highway 36 improvements No. 95-40 - Receiving report and calling hearing on improvement, 1995 street projects, 1.1. 312 No. 95-4 I - Approval of agreement with Stillwater Yacht Club for special use of sanitary sewer No. 95-42 - Entering into a contract with SEH for preparation of Comprehensive Sewer Water Feasibility Study for URTPA Submitted by: Shelly Schaubach Secretary 8