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HomeMy WebLinkAbout1987-02-03 CC MIN .. --' AGENDA STILLWATER CITY COUNCIL February 3, 1987 Regular Meeting Recessed Meeting 4:30 P.M. 7:30 P.M. 4:30 P.M. AGENDA PETITIONS OF INDIVIDUALS OR DELEGATIONS STAFF REPORTS 1. City Coordinator 4. Public Works Dir. 7. Consulting Engineer 2. Finance Director 5. Comm. Dev. Director 8. Fire Chief 3. Public Safety 6. Parks & Recreation g. City Attorney 10. City Clerk 7:30 P.M. AGENDA CALL TO ORDER . INVOCATION ROLL CALL APPROVAL OF MINUTES - December I, 1986, Special Meeting. December 23, 1986, Special Meeting. January 8, 1987, Special Meeting. January 13, 1987, Special Meeting. January 20, 1987, Regular Meeting. January 26, 1987, Special Meeting. INDIVIDUALS & DELEGATIONS PUBLIC HEARINGS 1. This is the day and time for the public hearing on a request for modification of approved plans for construction of an attached garage with variance to the side and rear yard setback requirements in the R-B Residential Duplex District, Gary Williams, Applicant, Case No. 619. Copies of the notice were mailed to affected property owners on January 22, 1987. PETITIONS, INDIVIDUALS & DELEGATIONS (Continued) . 1 ", UNFINISHED BUSINESS 1. Six~onth review of Special Use Permit for the storage of more than one commercial vehicle or article of equipment in a residential district at 1504 So. Greeley St. in the RC-M District, James Weber, Applicant, Case No. 657. 2. Second Reading of Political Sign Ordinance. 3. Appointments to vario!!s Boards, Committees, and Commissions. 4. Approval of Development Agreement for Cottages of Stillwater, Phases 2 and 3. 5, Purchase of Highway Dept. Surplus Property on No. Main Street. NEW BUSINESS 1. Mn/DOT Construction Agreement. 2. Resolution - transmitting application to Metropolitan Council for $25,000 loan to prepare Downtown Area Plan. 3. Resolution - Part-time Police Officers to be included in PERA. CONSENT AGENDA .... 1. Directing Payment of Bills (Resolution No. 7700). 2. Applications (List to be supplied at Meeting). 3. Set Public Hearing Date of February 17, 1987 for the following Planning cases: a) Case No. V/87-1 - Variance request to the setback requirements for a free standing business sign located at 14480 - 60th St. No. in the IP-C Industrial Park Commercial Dist. David Decker, Nappa Auto Parts, Applicant. 4. Application for Waiver of Garbage & Rubbish Collection Charge - Code No. 35-415. SPECIAL ORDER OF BUSINESS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) COMMUNICATIONS/REQUESTS 1. Response from Mn/OOT regarding truck traffic through downtown and pedestrian crossing difficulty at TH 36 & Nelson St. . 2. Letter suggesting prohibition of all smoking in Lily Lake Ice Arena. QUESiICNS/COMMENTS FROM NEWS MEDIA ADJOURNMENT 2 REGULAR MEETING STILLWATER CITY COUNCIL MIN UTES February 3, 1987 The Meeting was called to order by Mayor Abrahamson. 4:30 P.M. Present: Absen t : Also Present: Press: . Others: councilmembers Bodlovick, Farrell, Kimble, Opheim, and Mayor Abrahamson. None City Coordinator Kriesel City Attorney Magnuson Public Safety Director Mawhorter Finance Director Caruso Fire Chief Chial Park & Rec. Director Blekum Public Works Director Junker Consulting Engineer Davis Consulting Engineer Elliott Ice Arena Mgr. Bielenberg City Clerk Johnson Lee Ostrom, Stillwater Gazette Carol DeWolf, St. Croix Valley Press None PETITIONS OF INDIVIDUALS OR DELEGATIONS - None STAFF REPORTS - 1. Finance Director - Motion by councilmember Bodlovick, seconded by Councilmember Farrell to adopt the appropriate resolution includin9 the following Part-Time Police Officers in PERA: (Resolution No. 7701) Larry Buberl Douglas Buberl Joel Charchenko Jay Ludowese Joseph Peltier Leslie Wardell Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim, and Mayor Abrahamson. Nays - None. 2. Public Safety - . 1 Stillwater City Council Minutes Regular Meeting February 3, 1987 Motion by Councilmenber Farrell, seconded by Councilmember Bodlovick to authorize the purchase of one radar unit for the Police Dept. at a cost of $1,785. (All in favor) Councilmember Bodlovick commented that Mrs. Georgie Doyle had not received a reply to her request for payment of her tow charges. A brief discussion followed. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to send a letter to Mrs. Georgie Doyle, notifying her of Council action on December 16, 1987, denying her request for payment of tow charges. (Ayes - 4; Abstain, 1, Mayor Abrahamson abstained) 3. Public Works Director - Mr. Junker presented two requests for stop signs -- one at Marsh and Fi/<st St. and another at Hancoc~ and First St. It was agreed that Mr. Junker will obtain a letter from the individual requesting the stop signs and Public Safety Director Mawhorter will review the need for stop signs at these locations. . Councilmember Bodlovick stated she received a complaint from Mrs. Casanova, 223 West Pine St., in regard to snowplowing and calendar parking. Discussion followed on snow removal problems and towing of cars. Some of the suggestions were to let Department Heads use their judgment to decide if towing was necessary, and to not tow indiscriminately and without cause. 4. Parks and Recreation Director _ Motion by Councilmember Opheim, seconded by Councilmember Kimble to approve a Permit to Consume for Certified Carriers of America at Pioneer Park on Saturday, July 18, 1987, noon to 7:00 P.M. (All in Favor) Bob Bielenberg, Ice Arena Manager, presented quotes for the installation of a new ceiling in the Ice Arena. After discussion, the Council passed the following motion: Motion by Councilmember Bodlovick, seconded by councilmember Farrell to approve the installation of a new ceiling in the Ice Arena at a cost of $18,500. (All in favor) Mayor Abrahamson reported a letter had been received from the St. Croix Valley Hockey Association OPPosing smoking at Lily Lake Ice Arena and initiated discussion of "No Smoking" rules in the Ice Arena complex. Extensive discussion followed. Mr. Magnuson stated Council could prohibit . 2 . . Stillwater City Council Minutes Regular Meeting February 3, 1987 smoking at the arena by passing a resolution now, and drafting an ordinance at a later date. Motion by Councilmember Farrell, seconded by Councilmember Opheim to adopt the appropriate resolution prohibiting the use of all tobacco products at the Lily Lake Ice Arena. (Resolution No. 7702) Ayes - Councilmembers Bodlovick, Farrell, Opheim, and Mayor Abrahamson. Nays - Councilmember Kimble. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to have a first reading of an ordinance prohibiting smoking at the Lily Lake Ice Area. (All in favor) 5. Consulting Engineers - Jeff Davis presented an update on the Mn/DOT Agency Agreement which relates to use of Federal funds for use in road and bridge construction. The City does not have to enter into such an agreement until the need arises. Council concurred and no action was taken. Mr. Davis updated Council on the Industrial Area drainage study and stated the ditch on the north side of Highway 36 is not adequate for the drainage that may be generated, also that this is a state frontage road and the state may pay for part of the costs. Discussion followed regarding the bridge study and possible reconstruction of the highway and the impact this may have on drainage. Mr. Magnuson and Mr. Elliott reviewed with Council the agreement with Oak Park Heights and Bay town Township regarding drainage in this area. No action was taken. 6. Fire Chief - No report 7. City Attorney - Mr. Magnuson reported on the ratification of settlement with Orrin Thompson Homes in regard to the fireplace cases. This will be discussed further in Executive Session following the Recessed Meeting. 8. City Coordinator - Mr. Kriesel informed Council the County would like the Board of Review to meet on Tuesday, April 28, 1987 from 2:00 P.M. to 7:00 P.M. Council concurred. 3 Stillwater City Council Minutes Regular Meeting February 3, 1987 . Discussion followed regarding the Stillwater Development Corporation and their sug~estion that the City Engineer review the infrastructure in the downtown area. Further discussion ensued regarding Mr. Russell's request to submit a loan request to the Metropolitan Council for preparation of a Downtown Area Plan. It was suggested the Council hold a workshOp in March to discuss the downtown infrastructure with the City Engineers. Mr. Kriesel suggested the Council also hold a workshOp to discuss the new bridge location. Mr. Kriesel requested a workshop meeting be held on Tuesday, February 10, 1987 at 6:00 P.M. to discuss a deposit and assessment payment default on the Oak Glen Development Agreement. Council concurred. Mr. Bielenberg reported on the hot air balloon races held at the Lily Lake Recreation complex this past weekend and the lack of cooperation from the people involved. Mayor Abrahamson stated he will attempt to resolve this problem. 9. City Clerk - Ms. Johnson asked to add another item to the Consent Agenda -- Application for Waiver of Garbage & Rubbish Collection Charge, Code No. 3-515. Council agreed. Motion by Councilmember Farrell, seconded by councilmember Kimble to approve the attendance of four to five office personnel at the MuniCipal seminar on communications at a cost of $23.00 per person. (All in favor) ADJOURNMENT Council recessed the meeting at 5:55 P.M. until 7:30 P.M. Resolutions: No. 7701 - Including Part-Time Police Officers in PERA. No. 7702 - Prohibiting the Use of Tobacco Products at the Lily Lake Ice Area. . Rkf ~"w..v AmST'~~ 4 RECESSED MEETING STILLWATER CITY COUNCIL MINUTES February 3, 1987 7:30 P.M. The Meeting was called to order by Mayor Abrahamson. The Invocation was given by City Clerk Johnson. Present: councilmembers Bodlovick, Farrell, Kimble, Opheim, and Mayor Abrahamson. Absent: None Also Present: City Coordintor Kriesel City Attorney Magnuson comm. Dev. Director Russell City Clerk Johnson Lee Ostrom, Stillwater Gazette Carol DeWolf, St. Croix Valley Press Ray Kirchner, Dr. & Mrs. Gary Williams, Jeff Peterson, Jerry Fontaine, Kit Carlson, Paul Keleher, Bob Dieke, Jim Weber. Press: Others: . APPROVAL OF MINUTES Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to approve the minutes of December 1 and December 23, 1986 as presented. (Ayes _ 4; Abstain - 1, Mayor Abrahamson abstained) Motion by Councilmember Farrell, seconded by Councilmember Opheim to approve the minutes of January 8, 13, 20, and 26, 1987 as presented. (All in favor) INDIVIDUALS AND DELEGATIONS - None Presentation of Plaque to City of Stillwater Councilmember Opheim presented a plaque to the City of Stillwater from Rivertown Restoration in recognition of redoing the Gazebo in Lowell Park and Mayor Abrahamson accepted it on behalf of the City. PUBLIC HEARINGS 1. This is the day and time for the public hearing on a request for modification of approved plans for construction of an attached garage with variance to the side and rearyard setback requirements in the R-B Residential Duplex District, Gary Williams, Applicant, Case No. 619. Copies of the notice were mailed to affected property owners on January 22, 1987. . 1 Stillwater City Council Minutes Recessed Meeting February 3, 1987 Mr. Russell presented the back9round of this case, stating this was a modification of the former plans which included windows, door and dormer to the residence at 424 W. Churchill St. The footage of the variance has not changed. Ken Buege, 814 So. Sixth St., speaking for himself and a neighbor, Mrs. Bartkey, who lives next to the Williams, spoke in opposition to the modifications, stating this will block Mrs. Bartkey's view. Also, this may set a precedent for others to take the same kind of liberties in changing approved plans. Mrs. Bartkey also stated her objections to the building. Also noted, was a telegram from John and Joy Virden, residents of Bethesda, Maryland, who own a home in the neighborhood, objecting to the building. Dr. Williams reviewed the events of his obtaining a variance for his addition. He explained that the footage of the variance has not changed, but windows, door and dormers were added and this will make the addition more attractive. . Ken Hannah, 416 Churchill, agreed with Dr. Williams, stating the building is more pleasing with the modifications. Dr. Williams added that the new structure is replaCing an old garage, which was more unsightly, and could not be rebuilt. Mayor Abrahamson closed the public hearing. Council discussion followed and addressed the misconception that this addition is two stories, the second plan was not heard by the Planning Commission, and the request before the Council tonight is not to change the variance, but to allow windows, door and dormers, and the plans are essentially the same as those which were approved. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to approve the modification of approved plans for construction of an attached garage at 424 W. Churchill, Gary Willi~ns, applicant, Case No. 619. (All in favor) UNFINISHED BUSINESS 1. Six-month review of Special Use Permit for the storage of more than one commercial vehicle or article of equipment in a residential district at 1504 So. Greeley St. in the RC-M District, James Weber, Applicant, Case No. 657. . 2 . . Stillwater City Council Minutes Recessed Meeting February 3, 1987 Mr. Russell reported that Mr. Weber's driveway is in order and no complaints have been received from neighbors. Mr. Weber reported he plans to continue operating in a clean and orderly fashion. A brief discussion followed by Council and Staff on the options in regulating this case. Motion by Councilmember Kimble, seconded by Councilmember Opheim to continue the Special Use Permit for James Weber, Case No. 657 with review upon receiving complaints. (All in favor) 2. Second Reading of Political Sign Ordinance. _ Jeff Peterson presented some comments on the proposed ordinance which included the limitations on larger signs and if they should be allowed, the restriction on distance of sign from street with regard to houses built close to the street, and the number of sighS allowed per property. Extensive discussion followed regarding the placement of signs from the property line, the number of signs allowed on a piece of property, the definition of uses, the length of time signs shall be posted. Mr. Magnuson stated he has researched this ordinance with other communities and they have not been challenged, although they were less restrictive. Ray Kirchner stated he felt the ordinance gives an unfair advantage to incumbents. The limit of thirty days posting and having to take them down after the primary and put them back up before the general election is too much work. Also, most campaign signs are eight square feet in size, not six square feet. They could be put up a month before the primary and left up until after the general election. Mike Runk, 1328 South Third St., is also concerned about the limit on the number of days a sign can be posted. Also, name recognition is important in a campaign and an eight square foot sign is not vandalized as often. Motion by Councilmember Kimble, seconded by Mayor Abrahamson to table the second reading of the Political Sign Ordinance until a future date when an agreement can be reached. Council discussion included setting a specific date for a second reading; Council had received complaints from some people stating they were not notified that the City was considering this type of ordinance. Ayes - Councilmember Kimble and Mayor Abrahamson. Nays - Councilmembers Bodlovick, Farrell, and Opheim. 3 Stillwater City Council Minutes Recessed Meeting February 3, 1987 Motion by Councilmember Opheim, seconded by Councilmember Kimble to refer the Political Sign Ordinance to the Planning Commission for review and to report to Council within the next six months. (All in favor) Council recessed for five minutes and reconvened at 8:45 P.M. 3. Appointments to various Boards, Committees, and Commissions. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to appoint Mark Ehlenz to the Planning Commission for a three-year term; and to send a letter of appreciation to Helen Miller who is resigning from the Planning Commission. (Ayes - 4; Nays - 1, Councilmember Opheim voted Nay) Ray Kirchner indicated his interest to Council in serving on the Planning Commission. Council suggested Mr. Kirchner be considered for a position on this Commission as soon as an opening appeared. . Discussion followed regarding appointments to the other Commissions. Mayor Abrahamson reported Wayne Wohlers, Chairman of the Recreation Commission, wished to publicly thank Councilmembers Farrell and Opheim for serving on this Commission. Motion by Councilmember Opheim, seconded by Councilmember Farrell to reappoint the following people to three-year terms on the various Boards: (All in favor) Recreation Board John Rahm Wayne Wohlers Karl Vollstedt Park Commissioner Port Authority James S. O'Brien Bob Thompson 4. Approval of Development Agreement for Cottages of Stillwater, Phases 2 and 3. Mr. Kriesel summarized the agreement, explaining the phases and the number of units to be included in each phase, the issue of tax increment bonds and that the city's financial liability is limited to the amount of the bonds. Mr. Magnuson explained further regarding the assurances the City has that the Developer will not leave the development unfinished. Motion by Councilmember Kimble, seconded by Councilmember Farrell to adopt the appropriate resolution approving the Development Agreement by and between the . 4 Stillw.ter City Council Minutes Recessed Meeting February 3, 1987 City of Stillwater, Orleans Homes Number Two and Orleans Homes Number Three. (Resolution No. 7703) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim, and Mayor Abrahamson. Nays - None 5. Purchase of Highway Dept. Surplus Property on North Main Street. Discussion followed on the above subject with Mr. Kriesel and Mr. Magnuson explaining the specifics. They also explained the highway easement and what this involved. Mr. Kriesel stated this would be financed through the Tax Increment Financing Scattered Site Fund. Motion by Councilmember Opheim, seconded by Councilmember Kimble to authorize the purchase of the Highway Department Surplus Property on North Main Street in the amount of $86,500.00 and execution of the purchase agreement. (All in favor) . Motion by Councilmember Opheim, seconded by Councilmember Farrell to instruct the City Attorney to take action to acquire the remaining land now held by the Department of Transportation through an easement. (All in favor) NEW BUSINESS 1. Mn/DOT Construction A9reement. - This item was resolved at the 4:30 meeting. 2. Resolution - transmitting application to Metropolitan Council for $25,000 loan to prepare Downtown Area Pl an. - Mr. Russell explained this loan will enable the City to begin planning now for Downtown improvement and be paid back through TIF funds. He briefly explained the components of the plan. It was stated a workshop will be held sometime in March on problems in the sewer system in the downtown area. Further discussion followed. Motion by Councilmember Opheim, seconded by Councilmember Kimble to adopt the appropriate resolution approving the request for a Metro Council loan in order to prepare a plan for the Downtown Area; and to approve the $150.00 application processing fee. (Resolution No. 7704) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim, and Mayor Abrahamson. . 5 . . . Stillwater City Council Minutes Recessed Meeting February 3, 1987 Nays - None CONSENT AGENDA Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to approve the Consent Agenda of February 3, 1986 including the following: (All in favor) 1. Directing Payment of Bills (Resolution No. 7700) Ayes - Councilmemoers Bodlovick, Farrell, Kimble, Opheim, and Mayor Abrahamson. Nays - None 2. Applications: CONTRACTORS Descon Associates, Inc. 634 Mendelssohn Ave. Golden Valley, Mn. 55427 Franklin Excavating 900 96th Lane N.E. Blaine, Mn. 55434 Giebler-Jahnke Woodworking, Inc. 1111 So. First Street Stillwater, Mn. 55082 R. ~agstrom, Builder, Inc. 3390 Lake Elmo Ave. No. Lake Elmo, Mn. 55042 General Contractor New Excavators New General Contractor Renewa 1 General Contractor Renewal Jerome Duchene 3100 Spruce Street St. Paul, Mn. 55117 Mulcahy Drywall P.O. Box 9088 2350 Helen St. No. St. Paul, Mn. 55109 Sprinkler Systems Renewa 1 Plastering & Stucco Wk. Renewal 6 Stillwater City Council Minutes Recessed Meeting February 3, 1987 George W. Olsen Construction Co. P.O. Box 20 Stillwater, Mn. 55082 Michael J. Raleigh Trucking P.O. Box 261, Stillwater, Mn. 55082 General Contractor Renewal General Contractor Renewal . Daniel Register 7857 Newberry Ct. Stillwater, Mn. 55082 Suburban Lighting, Inc. 6077 Lake Elmo Ave. No. Stillwater, Mn. 55082 Douglas Wahlquist 1007 No. Owens Street Stillwater, Mn. 55082 3. Set Public Hearing Date of February 17, 1987 for Case No. V/87/1 _ Variance request to the setback requirements for a free standing sign located at 14480 60th St. No. in the IP-C Industrial Park Commer,ial Dist. David Decker, Nappa Auto Parts, Applicant. General Contractor New Sign Erection Renewal General Contractor Renewal 4. Application for Waiver of Garbage & Rubbish Collection Charge for Code No. 34-415 and Code No. 3-515. SPECIAL ORDER OF BUSINESS Mr. Kriesel asked authorization to add $111.47 to the bills, City related expenses for Councilmember Kimble. Council agreed. COUNCIL REQUEST ITEMS Councilmember Opheim stated she received a request from Karen Hoffman at Stillwater High School, who stated the high school band has been invited to Norway in 1988 and they would like to sell something at the "Taste of Minnesota Festival" this summer. The City of Stillwater will be featured and the Chamber of Commerce i~ assisting her. Councilmember Opheim will get the details and report to Council at a future date. Mayor Abrahamson stated he received a request to move the old depot in Bayport to Stillwater at no cost to the City and put it in the north end of town for use as a ticket booth for trains or trolley car. Discussion included assurance that it is insured. Those initiating this action would . 7 Stillwater City Council Minutes Recessed Meeting February 3, 1987 like an answer from the City by April 1. Mr. Magnuson will research the concerns of moving the depot to the City. COMMUNICATIONS/REQUESTS Council noted the letter received from Mn/OOT regarding truck traffic through downtown and pedestrian crossing difficulty at TH 36 and Nelson 5 treet. QUESTIONS/COMMENTS FROM NEWS MEDIA - None ADJOURNMENT Motion by Councilmember Farrell, seconded by Councilmember Kimble to adjourn the meeting to Executive Session at 9:30 P.M. (All in favor) Resolutions: No. 7700 - Directing Payment of Bills. No. 7703 - Approving Development Agreement for Phases 2 and 3, Cottages of Stillwater. No. 7704 - Approving Application for $25,000 Loan from Metro Council for Downtown Area Plan. . ATTEST: ~ d~ ~ ~"'H4"'fl- . ::; "Corrected Copy" CITY OF STILLWATER EXECUTIVE SESSION FEBRUARY 3, 1987 Management Personnel Salaries Discussion was held on salaries for Management/Non-union salaries for 1987. Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to increase Management/Non-union base salaries by 4%. Ayes - Councilmembers Bodlovick, Farrell, Opheim, and Mayor Abrahamson. Nays - Councilmember Kimble. Discussion was also held on hospital/medical insurance coverage for Management personnel. Motion by Councilmember Kimble, seconded by Councilmember Opheim to pay 100% of hospital/medical insurance premiums for all Department Heads (Kriesel, Junker, Mawhorter, Chial, Russell, Caruso, Blekum, and Johnson). .... Ayes - Councilmembers Farrell, Kimble, and Opheim. Nays - Councilmember Bodlovick, and Mayor Abrahamson. ATTEST: !t/~ ~~/ t?1:~._6t:,1 MA R .... r STILLWATER CITY COUNCIL M IN UTES REGULAR MEETING February 3, 1987 4:30 P.M. The Meeting was called to order by Mayor Abrahamson. Present: Counci lmembers Bodlovick, Farrell, Kimble, Opheim, and Mayor Abrahamson. Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Public Safety Director Mawhorter Finance Director Caruso Fire Chief Chial Park & Rec. Director Blekum Public Works Director Junker Consulting Engineer Davis Consulting Engineer Elliott Ice Arena Mgr. Bielenberg City Clerk Johnson Press: Lee Ostrom, Stillwater Gazette 0 Carol DeWolf, St. Croix Valley Press Others: None PETITIONS OF INDIVIDUALS OR DELEGATIONS - None STAFF REPORTS - 1. Finance Director - Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to adopt the appropriate resolution including the following Part-Time Police Officers in PERA: (Resolution No. 7701) Larry Buberl Jay Ludowese Douglas Buberl Joseph Peltier Joel Charchenko Leslie Wardell Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim, and Mayor Abrahamson. Nays - None. 2. Public Safety - n 1 f' Stillwater City Council Minutes Regular Meeting February 3, 1987 Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to authorize the purchase of one radar unit for the Police Dept. at a cost of $1,785. (All in favor) Councilmember Bodlovick commented that Mrs. Georgie Doyle had not received a reply to her request for payment of her tow charges. A brief discussion foll owed. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to send a letter to Mrs. Georgie Doyle, notifying her of Council action on December 16, 1987, denying her request for payment of tow charges. (Ayes - 4; Abstain, 1, Mayor Abrahamson abstained) 3. Public Works Director - Mr. Junker presented two requests for stop signs -- one at Marsh and First St. and another at Hancock and First St. It was agreed that Mr. Junker will obtain a letter from the individual requesting the stop si9ns and Public Safety Director Mawhorter will review the need for stop signs at these locations. (' Councilmember Bodlovick stated she received a complaint from Mrs. Casanova, 223 West Pine St., in regard to snowplowing and calendar parking. Discussion followed on snow removal problems and towing of cars. Some of the suggestions were to let Department Heads use their judgment to decide if towing was necessary, and to not tow indiscriminately and without cause. 4. Parks and Recreation Director - Motion by Councilmember Opheim, seconded by Councilmember Kimble to approve a Permit to Consume for Certified Carriers of America at Pioneer Park on Saturday, July 18, 1987, noon to 7:00 P.M. (All in Favor) Bob Bielenberg, Ice Arena Manager, presented quotes for the installation of a new ceiling in the Ice Arena. After discussion, the Council passed the following motion: Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve the installation of a new ceiling in the Ice Arena at a cost of $18,500. (All in favor) Mayor Abrahamson reported a letter had been received from the St. Croix Valley Hockey Association opposing smoking at Lily Lake Ice Arena and initiated discussion of "No Smoking" rules in the Ice Arena complex. Extensive discussion followed. Mr. Magnuson stated Council could prohibit (' 2 r Stillwater City Council Minutes Regular Meeting February 3, 1987 smoking at the arena by passing a resolution now, and drafting an ordinance at a later date. Motion by Councilmember Farrell, seconded by Councilmember Opheim to adopt the appropriate resolution prohibiting the use of all tobacco products at the Lily Lake Ice Arena. (Resolution No. 7702) Ayes - Councilmembers Bodlovick, Farrell, Opheim, and Mayor Abrahamson. Nays - Councilmember Kimble. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to have a first reading of an ordinance prohibiting smoking at the Lily Lake Ice Area. (All in favor) 5. Consulting Engineers - Jeff Davis presented an update on the Mn/DOT Agency Agreement which relates to use of Federal funds for use in road and bridge construction. The City does not have to enter into such an agreement until the need arises. Council concurred and no action was taken. r. Mr. Davis updated Council on the Industrial Area drainage study and stated the ditch on the north side of Highway 36 is not adequate for the drainage that may be generated, also that this is a state frontage road and the state may pay for part of the costs. Discussion followed regarding the bridge study and possible reconstruction of the highway and the impact this may have on drainage. Mr. Magnuson and Mr. Elliott reviewed with Council the agreement with Oak Park Heights and Bay town Township regarding drainage in this area. No action was taken. 6. Fire Chief - No report 7. City Attorney - Mr. Magnuson reported on the ratification of settlement with Orrin Thompson Homes in regard to the fireplace cases. This will be discussed further in Executive Session followin9 the Recessed Meeting. 8. City Coordinator - Mr. Kriesel informed Council the County would like the Board of Review to meet on Tuesday, April 28, 1987 from 2:00 P.M. to 7:00 P.M. Council concurred. o 3 n Stillwater City Council Minutes Regu 1 ar Meet ing February 3, 1987 n Discussion followed regarding the Stillwater Development Corporation and their suggestion that the City Engineer review the infrastructure in the downtown area. Further discussion ensued regarding Mr. Russell's request to submit a loan request to the Metropolitan Council for preparation of a Downtown Area Plan. It was suggested the Council hold a workshOp in March to discuss the downtown infrastructure with the City Engineers. Mr. Kriesel suggested the Council also hold a workshop to discuss the new bridge location. Mr. Kriesel requested a workshop meeting be held on Tuesday, February 10, 1987 at 6:00 P.M. to discuss a deposit and assessment payment default on the Oak Glen Development Agreement. Council concurred. Mr. Bielenberg reported on the hot air balloon races held at the Lily Lake Recreation complex this past weekend and the lack of cooperation from the people involved. Mayor Abrahamson stated he will attempt to resolve this problem. City Clerk - Ms. Johnson asked to add another item to the Consent Agenda -- Application for Waiver of Garbage & Rubbish Collection Charge, Code No. 3-515. Council agreed. Motion by Councilmember Farrell, seconded by Councilmember Kimble to approve the attendance of four to five office personnel at the Municipal seminar on comnunications at a cost of $23.00 per person. (All in favor) 9. ADJOURNMENT Council recessed the meeting at 5:55 P.M. until 7:30 P.M. Resolutions: No. 7701 - Including Part-Time Police Officers in PERA. No. 7702 - Prohibiting the Use of Tobacco Products at the Lily Lake Ice Area. n ~4 ArrEST, 1r ~ CITY CLE 4 ~4~,HV MAYOR o n n RECESSED MEETING STILLWATER CITY COUNCIL MINUTES February 3, 1987 7:30 P.M. The Meeting was called to order by Mayor Abrahamson. The Invocation was given by City Clerk Johnson. Present: Councilmembers Bodlovick, Farrell, Kimble, Opheim, and Mayor Abrahamson. Absent: None Also Present: City Coordintor Kriesel City Attorney Ma9nuson Comm. Dev. Director Russell City Clerk Johnson Lee Ostrom, Stillwater Gazette Carol DeWolf, St. Croix Valley Press Press: Others: Ray Kirchner, Dr. & Mrs. Gary Williams, Jeff Peterson, Jerry Fontaine, Kit Carlson, Paul Keleher, Bob Dieke, Jim Weber. APPROVAL OF MINUTES Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to approve the minutes of December 1 and December 23, 1986 as presented. (Ayes - 4; Abstain - 1, Mayor Abrahamson abstained) Motion by Councilmember Farrell, seconded by Councilmember Opheim to approve the minutes of January 8, 13, 20, and 26, 1987 as presented. (All in favor) INDIVIDUALS AND DELEGATIONS - None Presentation of Plaque to City of Stillwater Councilmember Opheim presented a plaque to the City of Stillwater from Rivertown Restoration in recognition of redoing the Gazebo in Lowell Park and Mayor Abrahamson accepted it on behalf of the City. PUBLIC HEARINGS 1. This is the day and time for the public hearing on a request for modification of approved plans for construction of an attached garage with variance to the side and rearyard setback requirements in the R-B Residential Duplex District, Gary Williams, Applicant, Case No. 619. Copies of the notice were mailed to affected property owners on January 22, 1987. 1 n Stillwater City Council Minutes Recessed Meeting February 3, 1987 Mr. Russell presented the background of this case, stating this was a modification of the former plans which included windows, door and dormer to the residence at 424 W. Churchill St. The footage of the variance has not changed. Ken Buege, 814 So. Sixth St., speaking for himself and a neighbor, Mrs. Bartkey, who lives next to the Williams, spoke in opposition to the modifications, stating this will block Mrs. Bartkey's view. Also, this may set a precedent for others to take the same kind of liberties in changing approved plans. Mrs. Bartkey also stated her objections to the building. Also noted, was a telegram from John and Joy Virden, residents of Bethesda, Maryland, who own a home in the neighborhood, objecting to the building. Dr. Williams reviewed the events of his obtaining a variance for his addition. He explained that the footage of the variance has not changed, but windows, door and dormers were added and this will make the addition more attractive. n Ken Hannah, 416 Churchill, agreed with Dr. Williams, stating the building is more pleasing with the modifications. Dr. Williams added that the new structure is replacing an old garage, which was more unsightly, and could not be rebuilt. Mayor Abrahamson closed the public hearing. Council discussion followed and addressed the misconception that this addition is two stories, the second plan was not heard by the Planning Commission, and the request before the Council tonight is not to change the variance, but to allow windows, door and dormers, and the plans are essentially the same as those which were approved. Motion by Councilmember Kimble, seconded by Councilmember the modification of approved plans for construction of an 424 W. Churchill, Gary Williams, applicant, Case No. 619. Bodlovick to approve attached garage at (All in favor) UNFINISHED BUSINESS 1. Six-month review of Special Use Permit for the storage of more than one commercial vehicle or article of equipment in a residential district at 1504 So. Greeley St. in the RC-M District, James Weber, Applicant, Case No. 657. n 2 r r r Stillwater City Council Minutes Recessed Meeting February 3, 1987 Mr. Russell reported that Mr. Weber's driveway is in order and no complaints have been received from neighbors. Mr. Weber reported he plans to continue operating in a clean and orderly fashion. A brief discussion followed by Council and Staff on the options in regulating this case. Motion by Councilmember Kimble, seconded by Councilmember Opheim to continue the Special Use Permit for James Weber, Case No. 657 with review upon receiving complaints. (All in favor) 2. Second Reading of Political Sign Ordinance. - Jeff Peterson presented some comments on the proposed ordinance which included the limitations on larger signs and if they should be allowed, the restriction on distance of sign from street with regard to houses built close to the street, and the number of signs allowed per property. Extensive discussion followed regarding the placement of signs from the property line, the number of signs allowed on a piece of property, the definition of uses, the length of time signs shall be posted. Mr. Magnuson stated he has researched this ordinance with other communities and they have not been challenged, although they were less restrictive. Ray Kirchner stated he felt the ordinance gives an unfair advantage to incumbents. The limit of thirty days posting and having to take them down after the primary and put them back up before the general election is too much work. Also, most campaign signs are eight square feet in size, not six square feet. They could be put up a month before the primary and left up until after the general election. Mike Runk, 1328 South Third St., is also concerned about the limit on the number of days a sign can be posted. Also, name recognition is important in a campaign and an eight square foot sign is not vandalized as often. Motion by Councilmember Kimble, seconded by Mayor Abrahamson to table the second reading of the Political Sign Ordinance until a future date when an agreement can be reached. Council discussion included setting a specific date for a second reading; Council had received complaints from some people stating they were not notified that the City was considering this type of ordinance. Ayes - Councilmember Kimble and Mayor Abrahamson. Nays - Councilmembers Bodlovick, Farrell, and Opheim. 3 o Stillwater City Council Minutes Recessed Meeting February 3, 1987 Motion by Councilmember Opheim, seconded by Councilmember Kimble to refer the Political Sign Ordinance to the Planning Commission for review and to report to Council within the next six months. (All in favor) Council recessed for five minutes and reconvened at 8:45 P.M. 3. Appointments to various Boards, Committees, and Commissions. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to appoint Mark Ehlenz to the Planning Commission for a three-year term; and to send a letter of appreciation to Helen Miller who is resigning from the Planning Commission. (Ayes - 4; Nays - 1, Councilmember Opheim voted Nay) Ray Kirchner indicated his interest to Council in serving on the Planning Commission. Council suggested Mr. Kirchner be considered for a position on this Commission as soon as an opening appeared. Discussion followed regarding appointments to the other Commissions. Mayor Abrahamson reported Wayne Wohlers, Chairman of the Recreation Commission, wished to publicly thank Councilmembers Farrell and Opheim for serving on this Commission. ~ Motion by Councilmember Opheim, seconded by Councilmember Farrell to reappoint the following people to three-year terms on the various Boards: (All in favor) Park Commissioner John Rahm Wayne Wohlers Karl Vollstedt Recreation Board James S. O'Brien Bob Thompson 4. Approval of Development Agreement for Cottages of Stillwater, Phases 2 and 3. Port Authority Mr. Kriesel summarized the agreement, explaining the phases and the number of units to be included in each phase, the issue of tax increment bonds and that the city's financial liability is limited to the amount of the bonds. Mr. Magnuson explained further regardin9 the assurances the City has that the Developer will not leave the development unfinished. Motion by Councilmember Kimble, seconded by Councilmember Farrell to adopt the appropriate resolution approving the Development Agreement by and between the ~ 4 r Stillwater City Council Minutes Recessed Meeting February 3, 1987 City of Stillwater, Orleans Homes Number Two and Orleans Homes Number Three. (Resolution No. 7703) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim, and Mayor Abrahamson. Nays - None 5. Purchase of Highway Dept. Surplus Property on North Main Street. Discussion followed on the above subject with Mr. Kriesel and Mr. Magnuson explaining the specifics. They also explained the highway easement and what this involved. Mr. Kriesel stated this would be financed through the Tax Increment Financing Scattered Site Fund. Motion by Councilmember Opheim, seconded by Councilmember Kimble to authorize the purchase of the Highway Department Surplus Property on North Main Street in the amount of $86,500.00 and execution of the purchase agreement. (All in favor) r Motion by Councilmember Opheim, seconded by Councilmember Farrell to instruct the City Attorney to take action to acquire the remaining land now held by the Department of Transportation through an easement. (All in favor) NEW BUSINESS 1. Mn/DOT Construction Agreement. - This item was resolved at the 4:30 meeting. 2. Resolution - transmitting application to Metropolitan Council for $25,000 loan to prepare Downtown Area Pl an. - Mr. Russell explained this loan will enable the City to begin planning now for Downtown improvement and be paid back through TIF funds. He briefly explained the components of the plan. It was stated a workshop will be held sometime in March on problems in the sewer system in the downtown area. Further discussion followed. Motion by Councilmember Opheim, seconded by Councilmember Kimble to adopt the appropriate resolution approving the request for a Metro Council loan in order to prepare a plan for the Downtown Area; and to approve the $150.00 application processing fee. (Resolution No. 7704) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim, and Mayor Abrahamson. r 5 r [' ('. Stillwater City Council Minutes Recessed Meeting February 3, 1987 Nays - None CONSENT AGENDA Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to approve the Consent Agenda of February 3, 1986 including the following: (All in fa vor ) 1. Directing Payment of Bills (Resolution No. 7700) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim, and Mayor Abrahamson. Nays - None 2. Appl ications: CONTRACTORS Descon Associates, Inc. 634 Mendelssohn Ave. Golden Valley, Mn. 55427 Franklin Excavating 900 96th Lane N. E. Blaine, Mn. 55434 Giebler-Jahnke Woodworking, Inc. 1111 So. First Street Stillwater, Mn. 55082 R. Hagstrom, Builder, Inc. 3390 Lake Elmo Ave. No. Lake Elmo, Mn. 55042 Jerome Duchene 3100 Spruce Street St. Paul, Mn. 55117 Mulcahy Drywall P. O. Box 9088 2350 Helen St. No. St. Paul, Mn. 55109 General Contractor New Excavators New General Contractor Renewal General Contractor Renewa 1 Sprinkler Systems Renewal Plastering & Stucco Wk. Renewal 6 n Stillwater City Council Minutes Recessed Meeting February 3, 1987 George W. Olsen Construction Co. P. O. Box 20 Stillwater, Mn. 55082 General Contractor Renewa 1 Michael J. Raleigh Trucking P.O. Box 261, Stillwater, Mn. 55082 General Contractor Renewa 1 n Daniel Register 7857 Newberry Ct. Stillwater, Mn. 55082 Suburban Lightin9, Inc. 6077 Lake Elmo Ave. No. Stillwater, Mn. 55082 Douglas Wahlquist 1007 No. Owens Street Stillwater, Mn. 55082 3. Set Public Hearing Date of February 17, 1987 for Case No. V/87/1 - Variance request to the setback requirements for a free standing sign located at 14480 60th St. No. in the IP-C Industrial Park Commercial Dist. David Decker, Nappa Auto Parts, Applicant. General Contractor New Sign Erection Renewal General Contractor Renewal 4. Application for Waiver of Garbage & Rubbish Collection Charge for Code No. 34-415 and Code No. 3-515. SPECIAL ORDER OF BUSINESS Mr. Kriesel asked authorization to add $111.47 to the bills, City related expenses for Councilmember Kimble. Council agreed. COUNCIL REQUEST ITEMS Councilmember Opheim stated she received a request from Karen Hoffman at Stillwater High School, who stated the high school band has been invited to Norway in 1988 and they would like to sell something at the "Taste of Minnesota Festival" this summer. The City of Stillwater will be featured and the Chamber of Commerce is assisting her. Councilmember Opheim will get the details and report to Council at a future date. Mayor Abrahamson stated he received a request to move the old depot in Bayport to Stillwater at no cost to the City and put it in the north end of town for use as a ticket booth for trains or trolley car. Discussion included assurance that it is insured. Those initiating this action would r 7 f' {' (1 Stillwater City Council Minutes Recessed Meeting February 3, 1987 like an answer from the City by April 1. Mr. Ma9nuson will research the concerns of moving the depot to the City. COMMUNICATIONS/REQUESTS Council noted the letter received from Mn/DOT regarding truck traffic through downtown and pedestrian crossing difficulty at TH 36 and Nelson Street. QUESTIONS/COMMENTS FROM NEWS MEDIA - None ADJOURNMENT Motion by Councilmember Farrell, seconded by Councilmember Kimble to adjourn the meeting to Executive Session at 9:30 P.M. (All in favor) Resolutions: No. 7700 - Directing Payment of Bills. No. 7703 - Approving Development Agreement for Phases 2 and 3, Cottages of Stillwater. No. 7704 - Approvin9 Application for $25,000 Loan from Metro Council for Downtown Area Plan. ATTEST: ~ Pk~ ~ ~4-'~"'V 8 "Corrected Copy" n CITY OF STILLWATER EXECUTIVE SESSION FEBRUARY 3, 1987 Management Personnel Salaries Discussion was held on salaries for Management/Non-union salaries for 1987. Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to increase Management/Non-union base salaries by 4%. Ayes - Councilmembers Bodlovick, Farrell, Opheim, and Mayor Abrahamson. Nays - Councilmember Kimble. Discussion was also held on hospital/medical insurance coverage for Management personnel. Motion by Councilmember Kimble, seconded by Councilmember Opheim to pay 100% of hospital/medical insurance premiums for all Department Heads (Kriesel, Junker, Mawhorter, Chial, Russell, Caruso, Blekum, and Johnson). r-J Ayes - Councilmembers Farrell, Kimble, and Opheim. Nays - Councilmember Bodlovick, and Mayor Abrahamson. it/~ ad ~~ n_ "e/ MAYOR ATTEST: ~~ n RECORD OF EXRCIJ'1'IV)!. SESSIOJII I)"te convened: 1uesday, J"cbn"il:"Y 3, 1987 Time convened: 6:17 p.m. Timc"djourned: 6:4':>p.m_ MeroberspreSen1C: Bodlovick,Farrell,Kimble, Opheim and Mayor Abrahamson Member:; absent: None Also present: City Coordinator Kriesel, cily Attorney Magnuson Purp""" ur Executive Session: '['0 discus,; manaqemellt salaries. Rction taken: c;ct manaqement. salaries and Cit~. contribution to hospj"'ed tnSlll,,,ncccoverage. , d._'lY./f7;Jf/^~'A~C City CGo.di",,-tor