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HomeMy WebLinkAbout1991-03-05 CC MIN r REGULAR tof:ETlNG STILLWATER CITY COUNCIL MINUTES March 5, 1991 4:30 P.M. The Meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon Comm. Dev. Director Russell Parks Supervisor Thomsen Public Works Director Junker Public Safety Director Mawhorter Library Director Bertalmio City Clerk Johnson Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette James Kell i son r Others: STAFF REPORTS 1. Finance Director - No report. 2. Public Works Director - Removal of Tree on Mulberry St. Mr. Junker reported to Councll that a cottonwood tree will be removed on Mulberry and Fifth Streets before street construction begins on Mulberry Street. Advertisement for Bids - 1975 Ford Truck Chassis Motion by Councilmember BOdlovick, seconded by Councilmember Funke to reject all bids and readvertise for bids for the sale of the 1975 Ford Truck chassis. (All in favor). 3. Community Development Director Rivertown Restoration Meetln~ Mr. Russell stated the Plann ng Dept. has been requested to attend the Rivertown Restoration meeting on March 7 to present the Downtown Plan. Council agreed with this request. Down Town Parking Task Force Mr. Russell presented a memo from the Task Force requesting the Council to consider elimination of increase ticketing of first, second and third r 1 ( n r Stillwater City Council Minutes Regular Meeting March 5, 1991 offenses and have straight ticketing, therefore increasing visibility of parking enforcement; also to have the parking program be in effect seven days a week. New signs would have to be purchased at a cost of $2,000 to $2,500. Council decision is to stay with the present parking program which covers six days. No action was taken at this time regarding the ticketing of first, second and third offenses. 4. Parks Supervisor Stlllwater Art Fairs - May 18 & 19 and Oct. 5 & 6, 1991 Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to approve the request for the use of Lowell Park on May 18-19 and Oct. 5-6, 1991 for art fairs by Joan Traver, representing Stillwater Festivals. (All in favor). to approve Lake, Lighting for Lily Lake Ice Arena Motion by Councilmember Funke, seconded by Councilmember Opheim to approve the request to have Greeder Electric install adequate lighting for the outside parking lot of Lily Lake Ice Arena at a cost of $2,500. (All in favor). March of Dimes WalkAmerica Motion by Counc1lmember Farrell, seconded by Councilmember Funke to approve the use of the Lowell Park Gazebo and proposed route for the March of Dimes Birth Defects Foundation WalkAmerica in Stillwater on April 28, 1991. (All 1n favor). 5. City Attorney - Curve Crest Pro erties II Assi nment & Subordination A reement Motion y ounCl me er p elm, secon e y ouncl me er un e to adopt the appropriate resolution approving the Assignment & Subordination of and Amendment to Development Contract and Assessment Agreement for Curve Crest Properties II and authorizing the Mayor and Clerk to sign said document. (Resolution No. 91-36) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None Purchase Agreement for Glacier Park Pro~ Motion by Counc1lmember Funke, seconded by councilmember Opheim to adopt the appropriate resolution approving the Purchase and Sale Agreement and Addendum for the purchase of the Glacier Park property; authorizing Mayor and 2 r r r Stillwater City Council Minutes Regular Meeting March 5, 1991 Clerk to sign and forwarding the $50,000 earnest money. (Resolution No. 91-37! Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 6. Library Director - Summer Concerts in Lowell Park Motion by Councilmember BOdlovick, seconded by Councilmember Funke to approve the request for outdoor concerts in Lowell Park on July 3, 10, 17, 24, 31 and August 7, 14, and 21, 1991; and also a Permit to Consume for the sale of beer, and permission to sell refreshments and T shirts during the concerts. (All in favor!. Library Capital Outlay BUd~et for 1990 D1SCUSSlon followed regard ng ltems requested by the Library from the Capital Outlay Budget for 1990. These items included interior lighting, ten additional chairs and a microfilm reader/printer. Motion by Councilmember Farrell, seconded by Councilmember Opheim to approve the 1990 Capital Outlay requests for the Library with a ten per cent reduction. (All in favor!. Discussion of Cuts in Local Government Aids Councll discussed several communlcatlons received regarding the Governor's Budget analysis and the effect on cities. Motion by Councilmember Farrell. seconded by Councilmember Funke directing Staff to draft a resolution opposing further cuts in State Aid to Cities; and presenting this resolution at the next meeting for Council review. The resolution will then be sent to the Governor and Legislators. (All in favor!. Recycling Containers Mr. Krlesel noted that the process is beginning for the purchase of recycling containers and that it would cost an additional $230.00 to have the containers numbered. Council concurred. Special Council MeetinAe- March 12, 1991 Councll set a Speclal eting for Tuesday, March 12, 1991 to discuss the Personnel Policy as it relates to Exempt Employees. this 3 r ("" r Stillwater City Council Minutes Regular Meeting March 5, 1991 RECESS Councll recessed the meeting at 5:30 P.M. to Executive Session. itJd; ~ ATTEST: ~~~ Resolutions: No. 91-36 - Assign. & Subordination of & Amendment to Development Agreement, Contract and Assessment Agreement, Curve Crest Properties II. No. 91-37 - Approve Addendum to Purchase & Sale Agreement, Glacier Pk. Property. 4 r RECESSED MEETING STILLWATER CITY COUNCIL MINUTES March 5, 1991 7:00 P.M. The Meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Absent: None Press: City Coordinator Kriesel City Attorney Magnuson Consulting Engineer Peters Comm. Dev. Director Russell City Clerk Johnson Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Steve Fiterman, Al Ranum, Karl Ranum, Eric Ranum, Richard Kilty, Leonard Feeley, Tom O'Brien. Also Present: Others: n APPROVAL OF MINUTES Motion by Counc1lmember Bodlovick, seconded by Councilmember Farrell to approve the minutes of the Special Meeting of February 12, and Regular Meeting of February 19, 1991. (All in favor). INDIVIDUALS, DELEGATIONS AND COMMENDATIONS UNFINISHED BUSINESS 1. Land Use Study to determine feasibility of usin the 30 ft. west ortion o o. 1 am t., nort 0 L1n en t. or access to a vacant , s. t. ot 1n t e , u ex eS1 ent1a st., anum, ro erty owner. omm. ev. 1rector usse summar1ze t e request 0 r. anum to use No. William St., north of Linden St., for access to vacant Lots 6 & 7. It was referred to the Planning Commission and continued several times as requested by the applicant to review engineering costs. The request has been reviewed by the Fire Dept., Water Dept., and Street Dept. The Planning Commission recommended the use as requested with conditions that the 24 ft. street be constructed to City standards; an eight in. sewer main and manhole be constructed; a six in. watermain be constructed with fire hydrant located according to Water Dept. standards; any development on vacant lots shall meet zoning requirements; if other lots are developed, Lots 6 & 7 would share in cost of improving the road; and Fire Dept. access to Lots 6 & 7 shall be approved by the Fire Chief. Karl Ranum, representing Al Ranum, summarized their request. He stated they may want to put a duplex on that property and the City Engineers have n " ,..) 1 rr n r" , Stillwater City Council Minutes Recessed Meeting March 5, 1991 recommended substantial improvements at an approximate cost of $21,000. His estimates run from $4,500 to $6,500. They do not believe the Engineers improvements are necessary at this time. Gary Gehrman, 512 Park Place, stated concerns regarding ravines and development of ravines. He stated there has been dumping in these ravines and asked that they be protected. Mayor Abrahamson noted that a letter had been received from Betty and David Vesall, 709 W. linden St., stating they are in opposition to the request of the Ranum's because it would increase traffic and be very undesirable to the occupants in the Thueson residence and the home on the east side. Dale Johnson, whose property adjoins the applicants, is concerned that a duplex will add traffic to the neighborhood. He also stated concerns that the applicant clean up his property and remove junk. A discussion followed regarding rear and side setbacks. Richard Orthmeyer, 726 W. linden St., stated he also has a lot in this area and if the Ranum's build, he may do the same. Meg Orthmeyer, 726 W. linden St., asked who will maintain the driveway and stated the Ranum's have not maintained their property in the past. Mr. Gehrman again stated that the ravines should be protected. Mr. Ranum stated only one duplex would be built. Mayor Abrahamson closed the public hearing. Motion by Councilmember Funke, seconded by Council member Bodlovick to grant Al Ranum permission to use the 30 ft. west portion of No. William St., north of linden St. for access to a vacant 12,000 sq. ft. lot in the RB, Duplex Residential Dist. as conditioned with costs for driveway, water and sewer to be absorbed by applicant; and a contract to be drafted by the City Attorney protecting the City from any liability. Also, the property is to be kept in a clean and orderly state. (All in favor.) Council suggested that a workshop should be scheduled to discuss regulations regarding development of ravines. Meg Orthmeyer asked what will happen to the other half of the vacated street. City Attorney Magnuson stated that the part not being used as a driveway will be maintained by the City. Council recessed for five minutes and reconvened at 8:25 P.M. 2 r Stillwater City Council Minutes Recessed Meeting March 5, 1991 2. Possible A roval of Develo ment A reement - Hi hlands of Stillwater Benson arm ropertl. Mr. Russell explained the proposed Development Agreement for the Highlands of Stillwater project and noted two corrections to the Conditions of Approval, Exhibit "B", No.3 - in lieu park fee shall be paid before the Fourth Phase is reCorded; and No.4 - the west 150 ft. of park site shall be deeded to the City within 60 days of receiving written request from the City or with Phase IV final platting, whichever occurs first; and construction of the water project within 90 days of receiving deed to property. City Attorney Magnuson discussed the security required and whether cash or Letter of Credit should be required. Also discussed was whether assessments should be allowed to be put in escrow and authorization to build four model homes with the developer indemnifying the City for any problems. The City Council agreed to these conditions, with no certificate of occupancy to be given until the improvements are in. Mr. Fiterman stated they would construct the hammerhead in Phase I along with doing the two Pine Tree Trail lots in Phase I and will agree to put in improvements to increase the water pressure on Pine Tree Trail with Phase IV. Mr. Fiterman also presented a petition for improvements. r-r Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the appropriate resolution approving the Development Agreement for the Highlands of Stillwater (Benson Farm) with the corrections and conditions recommended by City Attorney Magnuson. (Resolution No. 91-38) Ayes - Councilmembers Bodlovick, Funke, Opheim and Mayor Abrahamson. Nays - Councilmember Farrell Motion by Councilmember Opheim, seconded by Councilmember Funke to adopt the appropriate resolution accepting the petition for public improvements, determining it is sufficient and ordering the City Engineers to prepare a feasibility stuQy for the Highlands of Stillwater, Phase I. (Resolution No. 91-39) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None (1' 3 r n 0' Stillwater City Council Minutes Recessed Meeting March 5, 1991 4. Final Subdivision Approval for seven lot Oak Glen 10th Addition located in the Single Family Residential Dist. on Oak Glen Trail and Oak Glen Drive, David Johnson, Ap~llcant. Mr. Russell explalned there are two locations for this plat -- one site contains three lots and the other contains four lots. The lot configuration is consistent with Preliminary Plat approval. The City Engineer has recommended a utility easement between Lots 2 and 3 of Block 2 be widened to accommodate the utilities that are currently in place. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve the Final Plat, including the recommendation for drainage and utility easements, for the Oak Glen Tenth Addition. (All in favor). 5. Review of Sign Plan for River Heights Auto Mall. Mr. Russell presented a videotape of the proposed project area and compared the proposed signs to other signage in the area. He stated the developer and some of the tenants are concerned about the limits that are being placed on the amount of signage and are requesting additional signage -- Kennedy Transmission, Tires Plus, ABRA and Big Wheel Rossi -- in addition to type of signage. Mr. Margolis, Developer, and representatives of the various firms were present to further explain their plans. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to approve the sign plan for the River Heights Auto Mall with a coordinated sign plan for the project to be reviewed and approved by the Community Development Director; also, the following conditions of approval: (All in favor) A. Tires Plus 24" individual letter sign on front (south) of store. Tires Plus 18" individual letter sign on east side; 24" x 22' car sign wi th ti re products. ' B. Kennedy Transmission - 2'8" x 11'6" cabinet sign. C. Car Care - 25 sq. ft. of individual letters 24" maximum letter size. D. Croix Valley Glass - 12 sq. ft. individual letters (as proposed). E. ABRA - 56 sq. ft. 24" individual letter sign. F. Big Wheel Rossi - 48'sq. ft. car sign as proposed - approved. 6. Update on Downtown Improvement Projects meetings. The City Englneers presented a revised schedule for Downtown Improvements as follows: Receive Bids March 22, 1991 Council review Options March 26, 1991 Council authorize Assessment Hrg. April 2, 1991 Council conduct Assess Hrg. April 18, 1991 Council award Contract May 21, 1991 4 r Stillwater City Council Minutes Recessed Meeting March 5, 1991 Council discussed televising the meetings where review of options are made and the Assessment Hearing. Motion by Councilmember Funke, seconded by Councilmember Bodlovick to schedule a'Special Meeting for March 26, 1991 at 7:00 P.M. to review options and make a decision on alternates; and to hold an Assessment Hearing on April 18, 1991 for the Downtown Plan and to have both meetings televised. (All in favor). Richard Kilty, 118 W. Oak St., asked why the survey regarding Downtown Improvements was taken. Mr. Russell replied this was taken to get the impression of the people attending the workshop meetings and to provide City Council members with input regarding the option of whether or not to add the alternatives. Mr. Kilty stated the tax levy is too high. Mr. Russell stated there will also be more information regarding TIF funding at the March 26 meeting. n Response to Lowell Inn request for Downtown Im~rovements. Consulting Engineer Peters presented a letter rom Consulting Engineer Moore regarding the request of Arthur Palmer for the burying of cable on Second St. between Mulberry and ~rtle Streets. Mr. Moore stated it would cost approximately $25,000 to bury the utility. Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to table a decision on the request of Arthur Palmer, Lowell Inn, to have the City participate in the installation of an underground electric utility on Second St. between Mulberry and ~rtle Streets until bids have been received and decisions made regarding the Downtown improvements. (All in favor). 7. 8. Discussion of "No Wake Zone". Mr. Kriesel stated the Stlllwater Yacht Club has volunteered to help in pl acing the buoys for the "No Wake Zone". The cost for the pl acement of six buoys would be approximately $750 -'$900. Motion by Councilmember Funke, seconded by Councilmember Opheim to adopt the appropriate resolution accepting the recommendation of the Port Authority to establish a No-Wake Zone in the St. Croix River adjacent to the Downtown Area with a speed limit of five miles per hour, and signage to be placed at launch ramps alerting boaters on the river. (Resolution No. 91-41) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None A representative of the Yacht Club su?,gested signage should be placed in the launch area and the "No Wake Zone I should be advertised in various newsletters for boaters on the St. Croix. n 5 r- Stillwater City Council Minutes Recessed Meeting March 5, 1991 CONSENT AGENDA Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve the Consent Agenda of March 5, 1991, including the following: (All in favor ). 1. Directin~ Payment of Bills (Resolution No. 91-34). Ayes - Councllmembers BodloV1Ck, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 2. The following Contractors and Taxi Licenses. CONTRACTORS APPLICATIONS DLC, Inc. General Contractor 1404 Meadowlark Dr. Stillwater, Mn. 55082 Renewal ('1 El View Construction, Inc. 8401 73rd Ave. No. Brooklyn Park, Mn. 55428 Gabler Bros. Painting 1018 W. Olive St. Stillwater, Mn. 55082 Ken Spaeth Masonry, Inc. 108 Meadowlark St. Michael, Mn. 55376 General Contractor New Painting Renewal Masonry & Brick Work Renewal TAXI LICENSE Wee Chauffeur, Inc. P.O. Box 712 Hudson, Wi 54016 Renewa 1 3. ~quest for Waiver of Garbage & Rubbish Collection Charge, Admin. Code No. R75. COUNCIL REQUEST ITEMS Sale of Old Crane on AiEle's pro~ertt' Motion by Councilmember Funke, secon ed y Councilmember Opheim to advertise for bids for the old crane located on the Aiple property and to have it removed within a sixty day time period. (All in favor). Charter Commission A short discussion followed regarding the Charter Commission and the proposed work list they will be looking at. STAFF REPORTS (continued) Purchase of Civil Defense Warning Sirens o 6 r Stillwater City Council Minutes Recessed Meeting March 5, 1991 Motion by Councilmember Funke, seconded by Councilmember Opheim to purchase and replace Civil Defense Warning sirens as proposed at a cost of $21,770.00. (All in favor). Junker Sanitation Proposal for Volume Based Fees Mr. Junker submitted a letter statlng they are rescinding the proposal presented at the meeting of January 3, 1991. ADJOURNMENT Motlon by Council member Bodlovick, seconded by Councilmember Funke to adjourn the meeting at 9:50 P.M. (All in favor). /Jad; ~ n ATTEST: ~CI~~'U ./ Resolutions: No. 91-34 - Directing Payment of Bills. No. 91-38 - Approval of Development Agreement - Highlands of Stillwater. No. 91-39 - Accept Petition & Order Feasibility Study, L.r. 273. No. 91-40 - Placing Maxine Benson's property in Rural Taxing Dist. No. 91-41 - Establishment of "No Wake Zone" in St. Croix River. r 7 RECORD OF KXECIJTIYK SKSSIOlt Date convened: Tuesday, March 5, 1991 T.imeconvened: 5:30 p.m. Time adjourned: 6:05 p,m. Members present' Bodlovick, Opheim. Farrell, Funke and Mayer Ab:r:ahamsan Members ahsent: None Also present: City Coo,dinator Kriese.!, City Attorney Magnuson [-urpoae of ~ecutive Session: To discu~s report invOlving mlsconduct of a city patrol officer (possible theft or misplacing of police evidence), Action tak"n: 'nvestigation. Suspend patrol offiCEr ~ithout pay until completion of M'ccc,/d~ J:~:"~~f City Coordinator