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HomeMy WebLinkAbout1995-03-07 CC MIN ~. C' r STILL WATER CITY COUNCIL MINUTES Regular Meeting March 7,1995 The Meeting was called to order by Mayor Kimble. 4:30 p.m. Present: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Absent: None Also Present: City Coordinator Kriesel City Attomey Magnuson Finance Director Deblon Community Development Director Russell City Planner Pung- Terwedo Fire Chief Ness Police Chief Beberg Public Works Director Junker City Engineer Eckles Consulting Engineer Moore Building Official Zepper City Clerk Weldon Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Others: Dave Eckberg, Ann Healy, Ed Cain LUMBERJACK DA YS FESTIVAL ASSOCIATION David Eckberg, Lumberjack Days Festival Association, met with Council to discuss Lumberjack Days 1995. He requested use of Lowell Park from July 21 through 26,1995, permits to dispense beer on City property, support from the public safety departments, and authorization to carry sponsor banners in the parade. Motion by Councilmember Bealka, seconded by Councilmember Zoller to approve the Lumberjack Days Festival Association request for use of Lowell Park July 21 - 26,1995, permit to dispense on City property, police and fire department support, and authorization to carry sponsor banners in the Lumberjack Days parade. Ayes - 4; Nays - 0; Abstain - I, Councilmember Thole. Motion by Councilmember Bealka, seconded by Councilmember Zoller to adopt the appropriate resolution approving the agreement with the Lumberjack Days Festival Association for a loan of $4,000 as start-up capital to be repaid on or before August I, 1995; and a grant of $6,000 for the Lumberjack Days parade on Sunday, July 23,1995. (Resolution No. 95-54) (' r r Stillwater City Council Minutes Regular Meeting March 7,1995 Ayes - Councilmembers BeaIka, Cummings, Zoller and Mayor Kimble Nays - None Abstain - Councilmember Thole MOVIE PRODUCTION REOUEST Ann Healy, Snowplow Productions, requested use of the parking lot on 2nd and Olive Streets and the use of 2nd and 3rd Streets Motion by Councilmember Cummings, seconded by Councilmember BeaIka to approve the request by Snowplow Productions for closure of the parking lot at Second and Olive and no parking on the north side of Chestnut between Second and Third Streets on from 7:00 a.m. to 7:00 p.m., Thursday and Friday, March 9 and 10, 1995. All in favor. STAFF REOUESTS 1. City Coordinator- City Coordinator Kriesel reported that a certificate of occupancy has not been issued for the Edstrom property because the conditions of approval have not been met. Council took no action. MINNESOTA DEPARTMENT OF TRANSPORTATION - BRIDGE UPDATE Mark Benson ofMNIDOT met with Council to discuss the interstate bridge project. LEVEE WALL PROJECT UPDATE Ed Cain, Legislative Associates, and Marsha Risch, Corps of Engineers, updated Council on the Levee Wall Project. Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt the appropriate Resolution supporting the Stillwater Flood/Retaining Wall project and agreeing to cost sharing as required. (Resolution No. 95-55) Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 2 {' ('" ('\ Stillwater City Council Minutes Regular Meeting March 7, 1995 Motion by Councilmember BeaIka, seconded by Councilmemer Thole to direct staff to begin the acquisition process for land and access rights for the levee wall project, and to authorize payment to Barry Stack. All in favor. RECESS Motion by Councilmember BeaIka, seconded by Councilmember Thole to recess at 6:30 p.m. until 7:00 p.m. All in favor. cf/~~ ATTEST: f1-~U)~ CITY CLERK Resolutions: No. 95-54 - Agreement with Lumberjack Days Festival Association No. 95-55 - Supporting Stillwater FloodlRetaining Wall project 3 r STILL WATER CITY COUNCIL MINUTES Recessed Meeting March 7,1995 The Meeting was called to order by Mayor Kimble. 7:00 p.m. Present: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon Community Development Director Russell Fire Chief Ness Police Chief Beberg City Engineer Eckles Consulting Engineer Moore Public Works Director Junker City Clerk Weldon Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette l Others: Laurie Maher, Les Hartman, Don Ties, Rocky Hyberger, Jamie McGeehen, Michael Tobiassen, Bob Joslin, Bob Matthews, Garth Klein, Ken Engle, Rich Meyer, Duane Hubbs, Richard Kilty, Bruce Brillhart, Tom Thueson, Paul Schafer, Tom O'Brien APPROVAL OF MINUTES Motion by Councilmember Cummings, seconded by Councilmember Thole to approve the minutes of the Executive Session of January 24, 1995, the Regular and Recessed Meetings of February 21,1995, and the Special Meeting of February 28,1995. All in favor. PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS 1. Proclamation - Volunteers of America Mayor Kimble read a proclamation declaring March 5 - 12, 1995 Volunteers of America Week in Stillwater. 2. NSln~v Canninw- .. Leash Laws Nancy Canning was not in attendance. 3. Girl Scout TI'llQP 534 - Ravine Petition Girl Scout Troop 534 presented a petition "Hope for Green Ravines" and performed a rap " song "Save the Ravines". (\ c (' Stillwater City Council Minutes Recessed Meeting March 7, 1995 Motion by Councilmember Thole, seconded by Councilmember Zoller to place the original petition from Girl Scout Troop 534 in the City records. All in favor. CONSENT AGENDA Motion by Councilmember Cummings, seconded by Councilmember Thole to adopt the appropriate resolution approving the consent agenda for March 7, 1995, including the following: 1. Directing Payment of Bills (Resolution No. 95-53) 2. Approving Change Order No.1, 1.1. 302, Highlands of Stillwater, 5th Addition (Resolution No. 95-56) 3. Approving job description and authorizing advertising for position of Engineering Technician IV. 4. Renewal of Contractors License: Gabler Bros. Painting, 323 S. 6th Street, Stillwater. 5. Approving purchase of bleachers and grills. 6. Permits to Consume, Pioneer Park: Sharon Carroll, July 15, 1995; Mary Lehman, June 2, 1995. Ayes - Councilmembers BeaIka, Cummings, Thole, Zoller and Mayor Kimble Nays - None Motion by Councilmember Cummings, seconded by Councilmember Zoller to direct the issue of park fees and permit to consume fees to the Parks and Recreation Commission for review and recommendation. All in favor. PUBLIC HEARINGS 1. 1995 Street Improvements, 1.1. 312. This is the day and time for the public hearing to consider making of improvements on Hidden Valley Lane between Croixwood Boulevard and Northland Avenue; Driftwood Lane from Croixwood Boulevard to Croixwood Boulevard; Sunrise Avenue between Northland Avenue and Croixwood Boulevard; Sunrise Court from Sunrise Avenue to its terminus; Countryside Court from Sunrise Avenue to its terminus; Hidden Valley Court from Hidden Valley Lane to its terminus; Knollwood Court from Hidden Valley Lane to its terminus; Evergreen Court from Hidden Valley Lane to its terminus; Marine Circle from Nightingale Boulevard to its terminus; Parkwood Lane between Sunrise Avenue and Wildpines Lane; Wildpines Lane between Parkwood Lane and County Road Five; Willard Street between West Street and County Road Five by the reconstruction of streets, construction of storm sewer and repair and replacement of sewer and water mains and service, pursuant to Minnesota Statutes, Sections 429.011 to 429.111. The area proposed to be assessed for such improvement is those properties abutting above referenced streets. The estimated cost of the 2 (\ r (' Stillwater City Council Minutes Recessed Meeting March 7, 1995 improvements is $734,900. Notice of the hearing was placed in the Stillwater Gazette on February 15 and February 22, 1995, and notices mailed to affected property owners. Consulting Engineer Moore explained the proposed project. City Engineer Eckles stated that the school district is willing to participate in the costs of the Willard Street extension. Mayor Kimble opened the meeting to comments from the audience. Laurie Maher, 3018 Marine Circle, asked about Nightingale, Pine Street, and the runoff settling at the corner of ColWy Road 5 and Wildpines. Mr. Moore responded that he will ask the County to check on the situation. Mr. Moore agreed that Nightingale needs attention, but is not a priority. Public Works Director Junker stated that Marine Circle would not be included in the project were it not for the force main problem. Les Hartman, 2907 Marine Circle, asked about corrosive soil. He also stated that the streets were constructed by the developer and it is the City's responsibility to repair the streets, not the homeowners'. Don Ties, asked for an explanation of the new layer of bituminous and Mr. Moore explained. Rocky Hyberger, 2922 Marine Circle, stated he lives on a corner lot and questioned ifhe will be assessed in the future for the other side of his lot. City Coordinator Kriesel explained the assessment policy. Jamie McGeehen, 2900 Marine Circle, also asked for clarification of the policy regarding his corner lot. Michael Tobiassen, 2349 Driftwood Lane, asked about the costs for Willard Street and why the City paid a greater percentage of the costs. Bob Joslin, 300 I Marine Circle, stated that Nightingale needs work, and stated that he felt the 40/60 percentage split on the assessments is not equitable and the City should pay a higher percentage. Bob Matthews, 3041 Marine Circle, asked how long residents will be without water and sewer service during the project. Mr. Moore responded service would be interrupted for approximately one hour during hookup. 3 C'. (" " Stillwater City Council Minutes Recessed Meeting March 7, 1995 Laurie Maher questioned how many years residents have to pay the assessments. Garth Klein, 2642 Hidden Valley Lane, asked about the Northland project and how those costs were assessed. Mr. Eckles responded that Northland was assessed on a front- footage basis. Ken Engle, 2916 Marine Circle, asked what road maintenance program is in place. Mr. Moore explained the pavement management program. Bob Matthews, 3041 Marine Circle, stated that most of the problems were in the lower section of that road, and asked that the section be redesigned. Les Hartman asked how many homes are involved in this assessment. Mr. Moore responded that it is based on 208 lots. Laurie Maher asked if the same assessment policy is used throughout the City. Rich Meyer, 2929 Marine Circle, asked if the street is being repaired because of the water main, or is the water main being repaired because the streets are dug up. Mayor Kimble closed the public hearing. Motion by Councilmember Zoller, seconded by Councilmember Cummings to adopt the appropriate resolution ordering the improvement and preparation of plans and specifications, 1995 Street Improvements, L.I. 312. (Resolution No. 95-57) Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None Motion by Councilmember Thole, seconded by Councilmember Cummings to direct the City Engineer and Consulting Engineer to continue working with the School District on needs and cost sharing on Willard Street extension (street access to Lily Lake School). All in favor. (Council recessed at 9 p.m. and reconvened at 9: I 0 p.m.) UNFINISHFn BUSINESS Permits for Art Festivals Councilmember BeaIka reviewed the history of the issue with the Stillwater Area 4 (' (' " StiIlwater City Council Minutes . Recessed Meeting March 7,1995 Chamber of Commerce and the City of StiIlwater Chamber of Commerce. He stated that the two Chambers had reached an agreement, and a signed copy of that agreement was submitted to Council. Motion by Councilmember Bealka, seconded by Councilmember Thole to issue park permits as per the Agreement, with the spring fair permit to be issued to the Stillwater Area Chamber of Commerce and the fall permit to be issued to the City of Stillwater Chamber of Commerce. All in favor. PUBLIC HEARINGS (Continued) 2. 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 corner of South 300 Street and Pine Street in the PA, Public Administrative Office District. CUB Food and City of Stillwater, applicants. (Continued from February 7,1995) Notice of the hearing was placed in the StiIlwater Gazette on December 29,1994, and notices mailed to affected property owners. This case was heard in conjunction with Items I and 2 under UnfmishedBusiness: I. SettiIli ParkinI!' Ticket Fines. Parkine Zones and Parkini Permit Fees (Continued from 1/17 and 217/95) 2. Appmvini Riverview Parkini Lot Maintenance Al!l'eement between the City and CUB Foods. Mr. Russell reviewed the PUD and parking needs for CUB Foods. Planning Commission Chairman Fontaine reported that the Planning Commission opposed the PUD by a vote of5-3. Duane Hubbs, St. Croix Preservation Company, asked how much it cost the City to build the parking lot. Mr. Russell responded that the demolition of the Junior High School and construction of the lot cost approximately $1 million. Richard Kilty, 118 West Oak Street, suggested that the CUB building be reappraised to include the cost of the parking lot. Broce Brillhart, 319 West Pine Street, stated that the agreement is not good for the City. Tom Thueson, Director of Development for Cub Foods, stated that the taxes generated by returning the east wing of the Junior High School to the tax mIls pays for the parking lot. 5 (', c (" Stillwater City Council Minutes Recessed Meeting March 7,1995 Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt the appropriate resolution setting parking ticket fines, parking zones and parking permit fees. (Resolution No. 95-59) Ayes - Councilmembers BeaIka, Cummings, Thole, Zoller and Mayor Kimble Nays - None Motion by Councilmember Thole, seconded by Councilmember Cummings to direct staff to amend the contract with CUB Foods by adding an end-of-calendar-year audit of maintenance costs submitted to the City by CUB, with difference between the costs and estimated fees to be paid by CUB. All in favor. Motion by Councilmember Zoller, seconded by Councilmember BeaIka to adopt the appropriate resolution approving the Riverview Parking Lot Maintenance Agreement between the City and CUB Foods, as amended. (Resolution No. 95-60) Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None Motion by Councilmember Cummings, seconded by Councilmember BeaIka to adopt the appropriate resolution approving Case No. PUD/95-8, as amended, conditional upon CUB installing park benches and trash receptacles as determined between staff and CUB. (Resolution No. 95-58) Ayes - Councilmembers BeaIka, Cummings, and Mayor Kimble Nays - Councilmember Thole and Zoller (Council recessed at 10:25 p.m. and reconvened at 10:35 p.m.) 3. Case No. ZAM/94-64. Consideration of 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. 4. Case No. SUB/PUD/94-63. Consideration of a major subdivision of a 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. Mr. Russell stated that the applicant requested continuance of Cases 94-64 and 94-63. 6 t' Stillwater City Council Minutes Recessed Meeting March 7,1995 Motion by Councilmember Zoller, seconded by Councilmember Cummings to continue cases No. SUBIPUD/94-63 and SUBIPUD/95-64 to April 4, 1995. All in favor. 5. Case No. SUBIPUD/95-2. This is the day and time for the public hearing to consider a preliminary plat approval and modification 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 southeast corner of Shelton Drive and Tuenge Drive in the RB, Two- Family Residential District. Schafer Development, applicant. (public hearing was held February 7,1995) Community Development Director Russell reviewed the project. The request is being changed from 36 lots to 34 lots in order to provide for the wetlands. Paul Schafer, Schafer Development, stated that he has agreed to all the conditions of approval recommended by staff. Mayor Kimble closed the Public Hearing. {' Motion by Councilmember Zoller, seconded by Councilmember Thole to adopt the appropriate resolution approving the preliminary plat for a major subdivision, with conditions (Calibre Ridge), Case No. SUBIPUD/95-2. (Resolution No. 95-61) Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 6. Resolution Declaring Adequacy of Petition and Ordering preparation of Report for 34 lot subdivision, Case SUBN/95-2, Paul Schafer Development, applicant. Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt the appropriate resolution declaring adequacy of Petition and Ordering Preparation of Report, 1.1. 313, Calibre Ridge. (Resolution No. 95-62) Ayes - Councilmembers BeaIka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 7. Consideration of request by Simonets for Tax Increment Financing assistance for construction of retail store in West Stillwater Business Park. r 7 ("". r f' Stillwater City Council Minutes Recessed Meeting March 7,1995 Tom O'Brien, Simonet's Furniture, presented a request for Tax Increment Financing of $31,500 per year over a six year period for a new building in the Industrial Park. Finance Director Deblon recommended $15,000 per year for a five year period. Motion by Councilmember Zoller, seconded by Councilmember BeaIka to direct staff to prepare a development agreement for "pay-as-you-go" TIF assistance of$31,500 per year for six years. Ayes - 4; Nays - I, Councilmember Thole. NEW BUSINESS 1. Resolution Supporting Passage of Minnesota Emerging Communications Services Act of 1995. Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt the appropriate resolution supporting passage of Minnesota Emerging Communications Services Act of 1995. (Resolution No. 95-63) Ayes - Councilmembers Bealka, Thole, Zoller and Mayor Kimble Nays - None Abstain - Councilmember Cummings 2. Ordinance relating to permits to consume within parks. Motion by Councilmember Cummings, seconded by Councilmember Zoller to direct the issue of permits to consume in parks be referred to the Parks and Recreation Commission for review and recommendation. All in favor. COMMUNlCATIONSIREOIJESTS I. Junker Sanitation - Dispute Resolution Committee. Notice of appointment of Gary Funke as Junker Sanitation representative on DRC. No action required. COUNCIL REOUEST ITEMS I. Formation of Ad Hoc Committee to Study Access to INTERNET. Motion by Councilmember Cununings, seconded by Councilmember Thole to approve the formation of an ad hoc committee to study access to the INTERNET and authorize staff to advertise openings. All in favor. 8 (;. (" o Stillwater City Council Minutes Recessed Meeting March 7, 1995 2. Councilmember Thole reported that inmates are available for the sentence to serve work program.. STAFF REPORTS (ContinllM) 1. City Engineer - Motion by Councilmember BeaIka, seconded by Councilmember Thole to authorize employing the firm of Short Elliott Hendrickson for the Pine Street feasibility study. All in favor. ADJOURNMENT Motion by Councilmember Zoller, seconded by Councilmember Thole to adjourn the meeting at II :48 p.m. to executive session to discuss labor relations negotiations, assessment appeals, and other pending litigation. All in favor. ~ AlTEST: ~Mr LtJ,Jivr- CITY CLERK Resolutions: No. 95-53 - Directing Payment of Bills. No. 95-56 - Approving Change Order No. I, 1.1. 302, Highlands 5th Addn. No. 95-57 - Ordering Improvement and Preparation of Plans and Specs., 1995 Street Improvements, 1.1. 312. No. 95-58 - Approving PUD for office business use with parking located at the corner of S. 3rd and Pine Streets. No. 95-59 - Setting Parking Ticket Fines, Parking Zones and Parking Permit Fees. No. 95-60 - Approving Riverview Parking Lot Maintenance Agreement between City and CUB Foods, as amended. No. 95-61 - Approving Preliminary Plat for major subdivision, Calibre Ridge. No. 95-62 - Declaring adequacy of Petition and Ordering Preparation of Report, 1.1. 313, Calibre Ridge. No. 95-63 - Supporting passage of Minnesota Emerging Communications Submitted by: Shelly Schaubach Secretary 9