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HomeMy WebLinkAbout1991-04-16 CC MIN r REGULAR MEETING STILLWATER CITY COUNCIL MINUTES April 16, 1991 7:00 P.M. The Meeting was called to order by Mayor Abrahamson. Present: Absent: Also Present: Press: Others: n Counci1members Bod10vick, Farrell, Funke, Opheim and Mayor Abrahamson. None City Coordinator Kriesel City Attorney Magnuson Finance Director Deb10n Consulting Engineer Moore Comm. Dev. Director Russell Public Works Director Junker Public Safety Director Mawhorter City Clerk Johnson Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Larry & Laura Dauffenbach, Vern Stefan, Tim Stefan, Martha Hubbs, Ed Stuart, Bob Tanner, Doug Lacher, Dennis Sullivan. J. Michels, Mark Desch, David Paradeau, Tom O'Brien, Fred Brass, Mr. & Mrs. Mike McGuire, Monty Brine, Jack Junker, De11aina Olson, Phil Eastwood, Jerome Halloran, Janet Schell, Roger Meech, Ken Grund, Linda Amrein, Charles Woodward, Mr. & Mrs. Charles Eichacker, J. Michels, Judith Pederson, Mike Lynskey, Carol Anderson, John Bourdaghs, Joseph Nauman, Mike Thompson, Jim Huntsman, Tom Li11esvie, Ron Hector, David Hansen, Manny Schultz. APPROVAL OF MINUTES Motion by Counci1member Bod10vick, seconded by Counci1member Opheim to approve the ,Minutes of the Special Meeting of March 26, 1991 and Regular & Recessed Meetings of April 2, 1991 as presented. (All in favor). INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Ph1l Eastwood, Elks LOd~e No. 179 - Charitable Gamb1i~ License Renewal. Mr. Eastwood was presen to request renewal of the ga ling license for the Elks Lodge, 279 E. ~rt1e St. and the Hidden Valley Lounge, 231 E. ~rt1e St. He also stated concerns regarding the new regulations of the City whereby each gambling operation shall pay a 3% tax and 10% donation. Mr. Eastwood requested a special meeting with the Council to discuss these concerns. r 1 r Stillwater City Council Minutes April 16, 1991 Regular Meeting Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the appropriate resolution approving the lawful gambling applications for the Stillwater Elks, #179, to operate at the Hidden Valley Lounge, 231 E. MYrtle St. and Elks Lodge, 279 E. MYrtle St. (Resolution No. 91-61) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 2. Janet Schell - Request to ~lace Mobile Home on Property. Ms. Schell explained that her home had burned and she wanted to place a mobile home on her property for living quarters until the home is rebuilt. Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to approve the request of Janet Schell to place a mobile home on her property, for six months, until her home, which was destroyed in a fire, is rebuilt, with a review of the request, if needed, at that time. (All in favor). (" Roger Meech - Re~uest to have Motorcycle Parade through Stillwater on evening of June 9, 1991. Mr. Meech explalned that his group would like to ride through Stillwater after a display of their motorcycles in the Cub Foods parking lot. It was explained that these are quiet touring bikes. Council stated they could use the route of Highway 36 to Greeley St. to MYrtle and out County Highway 5. Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to approve the light parade with quiet Honda Gold Wing Touring motorcycles through the streets of Stillwater as requested by Roger Meech on June 29, 1991. (A 11 in favor). 3. PUBLIC HEARINGS 1. ThlS lS the day and time for the Assessment Hearing on Downtown Plan Improvements, L.I. 257. Notice of the hearing was published in The Courier on March 21 and 28, 1991 and mailed to affected property owners. Consulting Engineer Moore explained that the method for calculating the assessments used the total platted area according to the PIN numbers on file with the County. He further explained that the Pollution Control Agency had turned down a permit for sewer extension for a new development in the City until the sewer separation problems were corrected in the Downtown Area. City Attorney Magnuson explained the procedure for the hearing. r 2 r Stillwater City Council Minutes April 16, 1991 Regular Meeting Charles Eichacker, 520 No. Main St., asked how many residential units are being assessed for this project and Mr. Moore stated there are six. Mr. Eichacker stated the project was sold to Council as a business project and residential people would not be assessed. Discussion followed regarding the fact that the project is mainly for sewers and the use of TIF funds to reduce assessments. Mr. Eichacker also stated the proposed parking lot across the street from his house is not to his liking. Mr. further stated Mrs. Fraser. who lives at 512 No. Main St., is also asking for relief of assessments. n Jerome Halloran, speaking on behalf of Maple Island, Inc., stated they own seven parcels of property. Their total assessment is $393,974 which is 15$ of the total assessment. City Attorney Magnuson stated they will be on the list for an adjourned hearing. Delbert M. Wheeler, Dell's Lawn & Log, stated their assessment is $12,120 which is unfair. A third of their property is on a hill and he questioned the square footage assessment. They cannot recoup this on a sale. Charles Woodward, representing the Washington County Historical Society, explained the Board feels that added improvements would not increase the value of the property. They are a low budget operation. J. Michels, representing the Rygg Condo Association, 118 & 118t No. Main St., stated their property will not see any increase in value. This will benefit only the developers and residents in the Industrial Park. He further questioned how the City Council is going to use funds for the project. He questioned Council's action of slashing the Engineer's proposed contingency fund by half and putting those funds into parking lots. He asked the City Council to reevaluate the esthetic improvements that could increase the value of the property and return the contingency fund as proposed by the engineers and put the parking lots out to bid. Joseph Nauman, speaking on behalf of the Citizens State Bank of Montgomery regarding parcel No. 10690-7100, objected to the assessment based on belief that the assessment far exceeds any benefit to the property and further requested that the hearing be adjourned for this parcel so that further evidence may be presented. A gentlemen from the Eckberg Law Firm, representing ABS Co., stated their assessment is $89,839.50 and that the benefits are way less than the proposed assessment against that parcel. He requested an adjourned hearing. Dave Sellergren, representing the Stillwater Yacht Club, stated they are proposed to be assessed $286,000 and the improvements will be of no r 3 r Stillwater City Council Minutes April 16, 1991 Regular Meeting special benefit for that property. He further stated a letter was presented detailing those facts. John Bourdaghs, Parcel Nos. 10693-2050 and 2000, stated he needs only one storm sewer connection on the parcel that has the building. JoAnn Eichacker, owner of Parcel Nos. 10690-3750 and 3960, asked whY just a few residential properties were singled out for assessments. City Engineer Moore stated these parcels are adjoining the Downtown area and have a potential for development for commercial or retail. City Attorney Magnuson explained the next step in the procedure and discussion followed regarding how these parcels were included in the Central Business District. Linda Amrein, Parcel No. 10690-3900, asked to be included with the Eichackers and Mrs. Fraser for the same reasons. Staff gave further explanation on how the area for assessment was defined. Jim Huntsman, 416 So. 4th St., stated he did not receive a notice and was concerned that he is included as part of the assessment. Mr. Magnuson stated he is not included. n Mike Thompson, Manager for UBC, stated they are a small business and would like an opportunity at another time to talk about the assessments. Dave Paradeau, 601 No. Main St., owner of the Minnesota Zephyr, stated he is objecting to the assessment that is based on square footage of the parking area. Tom O'Brien, representing Simonets Furniture, asked what the difference is between a square footage assessment and linear footage assessment. City Engineer Moore explained the square footage assessment is not new to the City and a number of plans were considered. He further explained the linear footage would not be equitable because some parcels, such as Simonet's, have a double frontage. Mr. O'Brien asked if TIF funds could be put towards the improvements and reduce assessments. Ron Hector, representing the Grand Garage, objects to the timing of the improvements and asked if they could be delayed to fall in order not to hurt the prime business season for Downtown. The Engineer explained the work needs to be done in summer in order not to run into bad weather in the fall. J. Michels, 11B-118t Main St., stated his neighbors, the Pedersons, have been assessed for a water hook-up in the building and he should be o 4 r n r Stillwater City Council Minutes April 16, 1991 Regular Meeting assessed for half that hook-up. Mr. Moore explained there could be reapportionment for that parcel. Ken Grund, representing the Stillwater Yacht Club, asked what the next step would be and Mr. Magnuson explained the procedure. Motion by Mayor Abrahamson, seconded by Councilmember Funke to appoint Councilmembers Bodlovick and Farrell to meet with the City Attorney, City Engineer, City Coordinator and Finance Director for fifteen minutes to determine a recommendation to be made to Council as to those parcels that should be included in the adjourned hearing to further consider assessments. Ayes - 3; Nays - 2, Councilmembers Farrell and Dpheim. Council recessed at 8:55 P.M. and reconvened at 9:17 P.M. Fred Brass, owner of the Village Shop, stated his assessment is almost $12,000, of which half is the parking lot and two one-story buildings. David Hanson, owner of Parcels No. 10693-2450 and 2475, stated his property is on the west side of Third St. which was redone about five years ago. J. Michels, 118 Main St., asked whether the assessment for this sewer improvement, which is benefiting the whole City of Stillwater, could be shared by the whole City. Also, if we lose a half million dollars worth of special assessments because of adjustments, does that mean that the little guy will pay for Maple Island? John Bourdaghs asked how much time will be allowed to pay the assessments and it was stated, 15 years or so. Manny Schultz, representing Vittorios, stated their assessment is also based on the parking lot and would like to be considered for the adjourned hearing. Mayor Abrahamson closed the public hearing. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the appropriate resolution adopting the assessment roll for L.I. 257, Downtown Improvements with a fifteen-year repayment at eight per cent interest; and the appropriate resolution continuing the hearing for certain designated parcels. (Resolution No. 91-69A, and Resolution No. 91-69B). Ayes - Councilmembers Bodlovick, Funke and Mayor Abrahamson. Nays - Councilmembers Farrell and Opheim. 5 r, Stillwater City Council Minutes Apri 1 16, 1991 Regular Meeting Discussion followed regarding the reapportionment for the Michels and Pederson property at 118 and 118t No. Main St.; one sewer and water service for the McGuire property and one storm sewer stub for the Bourdaghs property. This will be decided at a later date. STAFF REPORTS 1. PubllC Works Director - ~ Signs at Curve Crest & Washington; & Tower & Washington Motionlby Councilmember Bodlovick, seconded by Councilmember Funke to adopt the appropriate resolution approving two stop signs at Washington and Curve Crest Blvd. and one stop sign at Tower and Washington. (Resolution No. 91-62) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None Slow, Children Playing Signs on W. Sycamore St. Motion by CounCllmember Ophelm, seconded by Councilmember Farrell to place "Slow - Children Playing" signs on Sycal1lOre St. at Owens St. (All in favor). , , r Elimination of Large Bump in Road Adjacent to Dauffenbach House on Poplar St. Motionlby Councilmember Opheim, seconded by Councilmember Farrell to authorize elimination of the large bump in the road on Poplar St. in front of the Dauffenbach house at an approximate cost of $4,000.00 with Mr. Dauffenbach absorbing the fill and contributing $1,000 to the project. (All in favor). 2. Parks Director - Motion by Councilmember Opheim, seconded by Councilmember Funke to adopt the appropriate resolution employing Scott Schmidt and Larry Joe Dauffenbach, Jr. as Part-Time employees in the Parks Dept. at the current prevailing rate with Council stuQy of a system of increased pay based on return to the City job force. (Resolution No. 91-63) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 3. Public safetf Director DiScussion 0 Shortage of Manpower in Police Dept. Mr. Mawhorter stated they are short of manpower in the Police Dept. due to an injury and loss of one employee. Council concurred with his recommendation to hire part-time police officers. Council requested one of the Narcotics Officers to present a report to Council updating them on drug enforcement. Discussion of Parking Program r 6 r. n r Stillwater City Council Minutes April 16, 1991 Regul ar Meeti ng Extensive discussion followed regarding the program and recommendations for changes. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to amend Resolution No. 91-51, Setting Parking Ticket Fines, with a scrivener's change by including the statement "$5.00 for any violation". (All in favor) 4. Finance Director - Creation of Library Board Funds Motion by Councllmember Farrell, seconded by Councilmember Funke to adopt the appropriate resolution approving the establishment of two additional funds for the Library Board. (Resolution No. 91-64) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None Residual Equity Transfers - 1990 Motion by Councllmember Farrell, seconded by Councilmember Bodlovick to adopt the appropriate resolution approving residual equity transfers for end of year, 1990. (Resolution No. 91-65) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 5. consultinl Engineer - Dralna~e rea - Dauffenbach/Schell pro~erties. Motion by ounc1lmember Bodlov1ck, seconde by Councilmember Funke to approve the grading of the hump that comes off of Fifth St. near Mrs. Schell's property in order to facilitate drainage. (All in favor). MSA Funds Mr. Moore presented a letter regarding the balance available for construction in the City's MSA funds and asked Council to review it. Discussion of Walkway on Water St. Mr. Moore stated he had rev1ewed the walkway on Water St. and discussed the concerns with Council. Parking lots will be discussed at a later date. 6. Fire Dept. - F 1 re Contrac ts Council and Staff discussed the proposed increase and formula for Fire Contracts. It was suggested that a Workshop be planned for this item. 7 r Stillwater City Council Minutes Apri 1 16, 1991 Regular Meeting Motion by Councilmember Bodlovick. seconded by Councilmember Funke to extend the Fire Contracts for Stillwater Township, Grant Township and May Township through the end of May, 1991. (All in favor). UNFINISHED BUSINESS 1. Flnal Plat Approval for 24-Lot Single-Family Subdivision located in Dak Glen Development 11th Addition, south and east of Eagle Ridge Trail, David Johnson, Applicant. 2. Final Plat Approval for 43-Lot Single-Family Subdivision located in Oak Glen Development 13th Addition, north of Eagle Ridge Trail and east of Neal Ave., David Johnson, Applicant. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve the Final Plat for a 24-Lot Single-Family Subdivision located in Oak Glen Development 11th Addition; and a Final Plat for a 43-Lot Single-Family Subdivision located in Oak Glen Development 13th Addition. (All in favor). rl NEW BUSINESS 1. Resolution correctin~ Delinquent Utility Special Assessments. Motion by Councilmember arrell, seconded by Councllmember Funke to adopt the appropriate resolution correcting Delinquent Utility Special Assessments. (Resolution No. 91-66). Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 2. ~portionment of Special Assessments for Outlot Q & Outlot S. , t Addltlon. Motion by Councilmember Farrell, seconded by Councilmember Bodlovick Resolution No. 91-67 reapportioning Special Assessments for Outlot Q S., Oak Glen 10th Addition. (Resolution No. 91-67) Oak Glen to adopt & Outlot Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None CONSENT AGENDA Motlon by Councilmember Bodlovick, seconded by Councilmember Funke to approve the Consent Agenda of April 16, 1991 as follows: (All in favor.) 1. Resolution Directing Payment of Bills (Resolution No. 91-60) Ayes - Councilmembers BodloV1Ck, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None n , 8 r Stillwater City Council Minutes Apri 1 16, 1991 Regular Meeting 2. The following Contractors Dave Bell Masonry 1463 Pine Tree Lane Houlton, Wi 54082 Cad-Con, Inc. 6401 University Ave. N.E. Fridley, Mn. 55432 Cedar Concepts 1530 English St., #2 St. Paul, Mn. 55106-1125 T. C. Dayton Co. 6306 119th Ave. No. Champlin, Mn 55316 (' Falcon Fire Protection, Inc. 11596 K-Tel Drive MinnetonKa, Mn. 55343 Graphic House, Inc. 9204 PacKer Dr. Wausau, Wi 54401 R. Hagstrom, Builder, Inc. 3394 LaKe Elmo Ave. No. LaKe Elmo, Mn. 55042 Simon Johnson 5725 OaK green Ave. No. Stillwater, Mn. 55082 Montgomery Homes, Inc. 2082 Welling Ford Dr. Woodbury, Mn. 55125 North Star Services P.O. Box 4099 St. Paul, Mn. 55104 Pacific Pool s 6922 No. 55th St. OaKdale, Mn. 55109 r, Licenses. Masonry & BriCK WorK General Contractor DecK Construction General Contractor Renewal New New New Fire Protection Systems Renewal Sign Erection General Contractor Masonry & BricK WorK General Contractor General Contractor General Contractor g New Renewal Renewal New Renewal Renewal r Stillwater City Council Minutes April 16, 1991 Regul ar Meeti ng Residential Construc. Advisors General Contractor New 202 Robert St. Mahtomedi, Mn. 55115 Sign Art Co. 2535 Pilot Knob Rd. Mendota Hgts, Mn. 55120 Sign Erection Renewal 3. Sewer Bill Adjustments as recommended by the Finance Director. 4. "Application for Exemption from Lawful Gambling License" - St. Michael's Church, June 30, 1991. ' r 5. Set Public Hearin~ Date of May 7, 1991 for the following Planning Cases: a. Case No. V/SUB 91-B - A Variance to the lot size requirements for a mlnor subdlV1Slon of a 3,528 square foot lot parcel into two parcels of 896 square feet and 2,688 square feet at 208 South Main Street in the CBD, Central Business District. Arlen Rivard, Applicant. b. Case No. SUP/91-13 - A Special Use Permit for the placement of a twenty four by fourteen foot CT scanner modular unit on the west side of Lakeview Memorial Hospital (emergency entrance). The hospital is located at 919 West Anderson Street in the RA, Single Family Residential District. Cory Kissling, Applicant. c. Case No. V/91-14 - A Variance to the front yard setback requirements (thirty feet required, twenty six feet proposed) for the construction of a garage/living space addition and a Variance to lot coverage for all accessory structures (1,000 square feet required, 1,183 requested). The property is located at 1019 North Second Street in the RB, Two Family Residential District. Joseph Samuelson III, Applicant. d. Case No. SUP/91-15 - A Special Use Permit for a miniature golf course at 204 North Maln Street in the CBD, Central Business District. Todd and Laura Shely, Applicants. COUNCIL REQUEST ITEMS New Senlor Center Councilmember Bodlovick presented a picture of the new Senior Citizens Center and it was noted that the Center will be named after Counci1member Bodlovick. Approval of Soil Borin~s for proposed new Armory and Community Center Moti on by Council member Op ei m, seconded by Council member Fu nke to approve the expenditure of $3,000 for soil borings in connection with the purchase of the property for the new Armory. (All in favor). COMMUNICATIONS/REQUESTS r 10 r Stillwater City Council Minutes April 16, 1991 Regular Meeting 1. Charles R. Weaver, MWCC - Information Regarding the 1990 Final Cost Allocation. Council noted this communication. 2. Mary E. Anderson, Chair, Metro Council - Concern regarding the Fiscal Oisparities Law. CouncIl noted this communication. r STAFF REPORTS (Continued) CIty Clerk '- Alple Agreement regarding Loraine Crane Motion by Councllmember Bodlovick, seconded by Councilmember Farrell to approve the agreement with Elayne J. Aiple, Stillwater St. Croix Barge Terminal Co., as it pertains to the removal of the 15 ton Loraine Crane from the Barge Terminal premises; also releasing Stillwater St. Croix Barge Terminal Co. from having to supply the City with a crane at the end of the lease. (All in favor). City Engineer Accepting Work & Final Payment for Yolk Sewer & Water, L.I. 270 Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to adopt the appropriate resolution accepting the work of Yolk Sewer & Water, Inc. for construction of the Forcemain Extension on Fairmeadows Road, L.I. 270; and making final payment on this project. (Resolution No. 91-68) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None City Clerk (Continued) Foodshelf City Clerk Johnson noted that the Foodshelf collections this year were far above those of last year. Giving per member rose from 4.0 pounds per person to 13.28 pounds per person. City Attorney - Popeye's Non-Compliance DIscussion followed regarding non-compliance with zoning ordinances and Fire Code by the managers of Popeye's Bar & Restaurant. Councilmember Bodlovick, Mayor Abrahamson and City Attorney Magnuson will meet with their attorney at 10:00 A.M. Friday, April 19, 1991. Special Legislation for Oak Glen Development Mr. Magnuson explaIned thIs legislatIon enabling the Oak Glen Development Corporation to sell approximately 55 lots and authorize the issuance of special G.O. bonds. He will review costs and report to Council after the Board of Review on April 23, 1991. r 11 (" r r , Stillwater City Council Minutes April 16, 1991 Regular Meeting City Coordinator Team BUlldin9 WorKshop ThlS ltems wlll be discussed at the next meeting. Mayor Abrahamson Mayor Abrahamson initiated discussion of proposed legislation regarding the keeping of a pet cougar. ADJOURNMENT Motlon by Councilmember Funke, seconded by Councilmember Farrell to adjourn the meeting at 10:43 P.M. (All in favor). ATTEST: #a1~ ~~ Resolutions: No. 91-60 - Directing Payment of Bills. No. 91-61 - Approving Gambling License for the Stillwater ElKS. No. 91-62 - Placing two stop signs at Curve Crest & Washington Ave.; and Tower and Washington Ave. No. 91-63 - Employ Scott Schmidt & Larry Dauffenbach Jr. in the Parks Dept. Pt. Tm. - Establishing two Special Funds for the Library. - Approving Residual Equity Transfers for Year-end, 1990. - Correcting Delinquent Utility Special Assessments. - Reapportionment of Special Assessments, Outlots Q & S, Oak Glen 10th Addition. No. 91-68 - Accepting WorK & MaKing Final Payment, L.I. 270, Fairmeadows. No. 91-69 - Adopting Assessment Roll for L.I. 257, & excluding certain parcels to an Adjourned Hearing. No. No. No. No. 91-64 91-65 91-66 91-67 12