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HomeMy WebLinkAbout1991-07-02 CC MIN REGULAR MEETING STILLWATER CITY COUNCIL MINUTES July 2, 1991 4:30 p.m. ~ The meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Farrell, Funke, Opheim (arrived at 4:40), and Kayor Abrahamson. Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Consulting Engineer Peters City Planner Pung-Terwedo Parks Supervisor Thomsen Public Safety Director Mawhorter Fire Chief Seim Public Works Director Junker Building Official Zepper Finance Director Deblon Recording Secretary Schaubach Press: Mike Marsnik, Stillwater Gazette Julie Kink, The Courier r STAFF REPORTS 1. Public Safety Director - Reauest for Purchases with Auction Funds Mr. Mawhorter reported that the City will receive $7,000 from the auction of three pOlice cars on June 17. The staff wishes to purchase a mobile radio for $1,297, two radar units for $2,950, and two emergency equipment change overs at $700, using the auction funds. Motion by Councilmember Funke, seconded by Councilmember Farrell to approve the equipment purchase as requested by the Public Safety Director. (All in favor) (Councilmember Opheim arrived) D.A.R.E. Proaram Mr. Mawhorter discussed instituting the D.A.R.E. program in Stillwater schools at an approximate cost of $3,300 for materials. There is a two-week training program for officers which is free. c Motion by Councilmember Funke, seconded by Councilmember Opheim to approve the D.A.R.E. program in Stillwater schools, and to begin training of officers using the forfeiture fund. (All in favor) Schedule for Part-time Officers 1 (' stillwater City Council Minutes Regular Meeting July 2, 1991 Mr. Mawhorter discussed the part-time officers' schedule for the month of July, which has been increased because of the traffic problems created by the street reconstruction. Council discussed whether the cost of the additional hours of these officers could be designated as a project cost. City Attorney Magnuson will look into the matter. Council also discussed the enforcement of no alcoholic beverages in the parks. Mr. Mawhorter will discuss with City Planner pung- Terwedo the pOSSibility of placing "No Alcoholic Beverages" signs in the parks. 2. Public Wo~ks Directo~ - Advertise for Bids for Nev Grader Hotion by Councilmember Opheim, seconded by Councilmember to advertise for bids for a new grader for the Public Department. (All in favor) Funke Works Crane on Counc il property Aiole Prooertv directed Mr. Junker to leave the crane and let Mr. Aiple dismantle and dispose on the Aiple of it. n Old Bricks from Downtown streets Mr. Junker discussed the possibility of selling bricks from the downtown street reconstruction. agreed that Stillwater residents should be given the if requested. the old Council bricks Motion Funke bricks future by Councilmember Bodlovick, seconded by Councilmember that Stillwater citizens be allowed to take up to 200 each, and that ten truckloads of bricks be saved for City use. (All in favor) Treatment of Pond at Echo Lane and Sunnvslooe Lane Mr. Junker reported that the pond at Echo Lane and Sunnyslope Lane is green with duckweed, and the pond could be treated at a cost of $756. Council will take action on this at a later time. Outlet Drain at 1040 Svcamore Mr. Junker reported that the outlet drain for two catch basins runs seven feet from the house at 1040 Sycamore. Mr. Junker believes that the drain easement was placed too close to the house. Hotion by Councilmember Bodlovick, seconded by Councilmember Funke to direct the City's Consulting Engineer to look at the placement of the outlet drain at 1040 Sycamore. (All in favor) r Hudson Street Imorovements Motion by Councilmember BOdlovick, Farrell to award the contract for seconded by Councilmember the $4,000 improvement of 2 r Stillwater City Council Minutes Regular Meeting July 2, 1991 Hudson signed (All in street waivers favor) to Tower Asphalt contingent upon the receipt of of assessment from the affected property owners. 3. Communitv Develooment Director - Certificate of Occuoancv for Cottaaes of Stillwater Phase III City Planner Pung-Terwedo reported that the Certificate of Occupancy cannot be issued because the landscaping is not complete at this time, which was a condition of approval. City Attorney Magnuson reported that all money for landscaping is escrowed. Mayor Abrahamson reported that the builder will have landscaping completed by Friday, except for sod, and he will inspect the property at 4:00 p.m. on Friday in order for a temporary Certificate of Occupancy to be issued. The Certificate affects only the Northeast building. Motion by Councilmember Farrell, seconded by Councilmember Funke to grant the Mayor permission to inspect the Cottages of Stillwater, Phase III, and issue a temporary Certificate of Occupancy if all conditions are met. (All in favor) r 4. Consultina Enaineer - Raisina of Manholes alona Count v Road 12 Mr. Peters reported that the two manholes along County Road 12 could be raised at a cost of $543.80. Motion by Councilmember Bodlovick to approve the Road 12, west of Deerpath. Funke, raising (All in seconded by of two manholes favor) Councilmember along County Temoorarv closina of Main street Motion by Councilmember Funke, seconded by Councilmemher Bodlovick to adopt the appropriate Resolution approving the closing of Main Street for reconstruction for July 1 through 18, except for the Fourth of July. (Resolution No. 91-128) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim, and Hayor Abrahamson Nays - None 5. Fire Chief - Promotion of Jeff Cutler Motion by Councilmember Opheim, seconded by Councilmember Funke to adopt the appropriate Resolution promoting Volunteer Firefighter Jeff Cutler to the rank of engineer. (Resolution No. 91-130) ( Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim, and Mayor Abrahamson Nays - None 3 r stillwater City Council Hinutes Regular Heeting July 2, 1991 6. Building Official - ReDort on locr.ase in Building Permits Mr. Zepper reported that last year at this time there was $6,354,000 in building activity; this year the amount is $16,600,000. Last year at this time, the department had taken in $41,000 in building permit fees; this year the amount is $118,626. Annual Buildina Official's Conference Motion by Counci1member Funke, seconded by Councilmember Opheim to approve the attendance of the City's Building Official at the annual conference in Spokane from September 5 through September 13. (All in favor) r 7. Citv Attornev - Notice Reguirements for Garbage Contract Mr. Magnuson reported that the garbage contract now in force in the City expires on June 30, 1992. If the City wishes to change haulers or open the process to competitive bidding, it is necessary, at least 180 days before the implementing of a new contract, for the City Council to announce its intent to do so and to invite the participation of interested persons, including persons licensed to operate collection services, to help plan the new collection system. Purchase of Glacier Park ProDertv Mr. Magnuson reported on the closing of the purchase of the Mulberry Point property. The City is obligated to pay a deed tax of $3,300 to record the deed. Hotion Opheim $3,300 by Counci1member Bod10vick, seconded by Counci1member to approve the payment of the deed tax in the amount of for the Glacier Park property. (All in favor) Prohibition of Wild Animals in City Mr. Magnuson reported that there are no State or Federal prohibitions that would apply to the ownership of wild animals. The DNR requires proof that the animal was purchased from a game farm. 8. Parks and Recreation - Purchase of PlaYGround EauiDment Motion by Counci1member Opheim, seconded by Councilmember Funke to adopt the appropriate Resolution approving the request of the Parks Supervisor to obtain the balance of the capital outlay for cushioning material for playground equipment in the amount of $18,000. (Resolution No. 91-131) r Ayes - Counci1members Bodlovick, Farrell, Funke, Opheim, and Mayor Abrahamson Nays - None 4 r stillwater City Council Minutes Regular Meeting July 2, 1991 Fishina Pier at Lilv Lake Mr. Thomsen reported that the City was forced to remove the fishing pier on Lily Lake due to deterioration. The dock had originally been donated by the River Valley Lions. Motion by Councilmember Opheim, seconded by Councilmember Farrell to authorize staff to prepare a letter soliciting donations from organizations to fund a new fishing pier on Lily Lake. (All in favor) 9. Citv Coordinator - Floodina at Knol1wood Court Motion by Councilmember Opheim, seconded by Councilmember Funke to direct the City's Consulting Engineers to work with the Public Works Director and assess the flooding situation at Knollwood Court and make a recommendation. (All in favor) Downtown Parkina Situation Mr. Kriesel reported that the City has received many calls and complaints regarding the parking problems downtown during the reconstruction. r RECESS Motion by Councilrnember Bodlovick, seconded by Councilmember Farrell to recess the meeting at 5:45 p.m. (All in favor) ATTEST: Resolutions: No. 91-128 - Temporary closing of Main Street for reconstruction No. 91-130 - Promoting Jeff Cutler to rank of Engineer No. 91-131 - Approving capital outlay request of Parks Dept. (', 5 ('\ RECESSED HEETING STILLWATER CITY COUNCIL HINUTES July 2, 1991 7:00 p.m. -- The meeting was called to order by Hayor Abrahamson. Recording Secretary Schaubach gave the Invocation. Present: Councilmembers Bodlovick, Farrell, Funke, Opheim, and Hayor Abrahamson Absent: None Also Present: City Coordinator Kriesel City Attorney Haqnuson Finance Director Deblon City PlannerPuncrTetwedo Consultinq Engineer Peters Planning CODD. Chairman Fontaine Recording Secretary Schaubach Press: Julie Kink, The Courier Hike Harsnik, Stillwater Gazette Hary Alden, st. Croix Valley Press Others: Steve Zinnel, Richard Sauers, Pete Bergerson, Bob Duerr, Dennis Sullivan, Joan Norman n APPROVAL OF HINUTES Hotion by Councilmember Funke, seconded by Councilmember Farrell to approve the minutes of the Special Heeting of June 10, 1991, and the Special and Regular Heetings of June 18, 1991 as presented. (All in favor) PUBLIC HEARINGS 1. This is the day and time for the Public Hearing to consider a Variance to the Sign Ordinance for the placement of a fourteen sq. ft. siqn below an existing pylon sign at 2000 Northwestern Ave. in the BP-C, Business Pk.-Commercial Dist., Nordquist Sign Co. for Norwest Bank, Applicant. Case No. V/9l-29. Notice of the hearing was pUblished in The Courier on June 20, 1991 and mailed to affected property owners. Hs. Pung-Terwedo stated that staff recommended approval and the Planning Commission recommended denial. Hr. Fontaine explained that the Planning Commission did not see a hardship in this case and could not justify the additional signage. He also stated that the Planning Commission is concerned that the recently revised sign ordinance may be too restrictive. c steve Zinnel, President of Norwest Bank in Stillwater, explained that the request is for an approximately 4X4 foot 1 I""' stillwater City Council Minutes Recessed Meeting July 2, 1991 Instant Cash logo sign. He also stated that he considers the sign more of a service to the pUblic rather than advertising because the Instant Cash machine is used by more than just Norwest customers. Because of the large amount of frontage the Norwest Bank owns along Highway 36, there is not a proliferation of signs in that area. Mayor Abrahamson closed the public hearing. Motion by Councilmember Funke, seconded by Councilmember Bodlovick to approve the request of Nordquist Sign Co. for Norwest Bank for a variance to the sign ordinance, Case. No. V/91-29. (Ayes - 4; Nays - 1, Councilmember Farrell) Motion by Councilmember Opheim, seconded by Councilmember Funke to reevaluate the existing sign ordinance. (All in favor) r 2. This is the day and time for the Public Hearing to consider a Variance to the rear and sideyard setback requirements (one ft. rearyard and one ft. sideyard requested) for the construction of a 704 sq. ft. garage at 222 W. Willard st. in the RB, Two Family Residential Dist., Eugene & Kathleen Leatherman, Applicants. Case No. V/91-32. Notice of the hearing was pUblished in The Courier on June 20, 1991 and mailed to affected property owners. Mr. Fontaine reported that the Planning Commission approved the request unanimously. Mayor Abrahamson closed the pUblic hearing. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to approve the request by Eugene and Kathleen Leatherman for a variance to the rear and sideyard setback requirements, Case No. V/91-32. (All in favor) UNFINISHED BUSINESS 1. Possible second Code, Chapter 27, City. reading of an Ordinance amending the City regarding regulation of wild animals in the ("' Mayor Abrahamson aCknowledged several persons in the audience who were interested in this issue and gave them the opportunity to address the Council. Richard Sauers, 1251 W. Orleans st., owner of the cougar which prompted the Council to draft an ordinance, stated that the issue at first was regarding noise, and has now turned into a scare issue. Councilmember Farrell stated that he had an opportunity to visit the Sauers residence and felt no fear in the presence of the cougar. City Attorney Magnuson stated that there are five matters pending before the court .regarding Hr. Sauer's violation of the City's noise ordinance. 2 ~ stillwater City Council Minutes Recessed Meeting July 2, 1991 Pete Bergerson, 1299 Black Oaks ct., Plymouth, MH, spoke on behalf of Mr. Sauers. He is the executive coordinator of a national wildlife organization. He stated that he is opposed to widespread private wild animal ownership, but that he feels Mr. S,lvers is qualified as a responsible owner, and that his cougar is a safe cat and an extraordinary animal, and is seven generations tame. Dennis Sullivan, S. Everett st., stated that he lives five or six blocks away from the cougar and the area is heavily populated with children. He is greatly concerned that there will be a tragedy in his neighborhood. He also wondered if the City would be liable for any occurance, and what recourse a victim would have. Bob Duerr, a former zookeeper who is presently employed at the Ely Wolf Center, stated that he is greatly concerned about the cougar living in a residential area. He feels there is no such thing as a tame wild animal, and that it takes thousands of generations to domesticate a wild animal. ~ , Mr. Magnuson responded to the earlier question and stated that the owners of wild animals are liable for any damage caused by that animal, whether they are negligent or not. The City has immunity from any liability whether the ordinance is adopted or not. Joan Horman, 1281 W. Orleans st., directly behind the Sauers, stated that the animal is very mellow. She is worried that the Sauers will be run out of town if the ordinance is passed. She wondered if the cougar could be grand fathered in if the ordinance is passed. Councilmember Funke brought up the issue of bringing his cat into downtown Stillwater during Days. Mr. Sauers Lumberjack Jim Radke of 115 S. Brick st., Brenda Williams of 1150 Curve Crest, Andy Klung of S. Martha st., and Barb Lee of 1207 H. Owens, spoke in favor of the cougar. (Council took a five-minute recess and reconvened at 8:50 p.m.) Mr. Magnuson reported that there are three Council regarding the wild animal issue: total prohibition, or regulation by permit. options for the no regulations, r Councilmembers Farrell and Opheim spoke in favor ordinance with an option for a conditional use Councilmember Funke stated that he did not wish to owners loose their pet, but that conditions of the 3 of an permit. see the permit ~ stillwater City Council Minutes Recessed Meeting July 2, 1991 should be proof of $500,000 liability insurance and that the cougar will not be walked in downtown Stillwater. Councilmember Bodlovick made a motion for a second an ordinance amending the City Code, Chapter 27, regulation of wild animals in the City. There was reading of regarding no second. Council directed the City Attorney to redraft with an option for a conditional use permit conditions for discussion at the first meeting the ordinance under certain in August. INDIVIDUAL & DELEGATIONS 1. Ron Langness - Discussion of Pending Bond Sale. The bond sale includes: $2,600,000 General Obligation Improvement Bonds, $650,000 Taxable General Obligation Tax Increment Bonds, and $3,400,000 General Obligation Tax Increment Bonds. Bids should be received by Tuesday, August 6. ~ 'I Motion Farrell issuance 129) by Councilmember Bodlovick, seconded by Councilmernber to adopt the appropriate Resolution authorizing the and sale of the bonds as described. (Resolution No. 91- Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim, and Mayor Abrahamson Nays - None UNFINISHED BUSINESS(continued) 2. Possible second reading of an Code, Chapter 51, regulating streets. (Ordinance No. 745) Ordinance amending the sale of cars the on City City Motion by Councilmernber Bodlovick, Farrell for a second reading and amending the City Code, Chapter 51, on City streets. seconded by Councilmernber enactment of an Ordinance regulating the sale of cars Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim, and Kayor Abrahamson Nays - None 3. Final Plat Approval for Orleans Addition, Senior Highrise, Senior Center, & Outlot A, Case No. SUB/91-35. r Motion by Councilmember Bodlovick, seconded by Councilmernber Funke to adopt the appropriate Resolution giving final plat approval for Orleans Addition, Case No. SUB/91-35. (Resolution No. 91-132) 4 I""' stillwater City Council Minutes Recessed Meeting July 2, 1991 Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim, and Mayor Abrahamson Nays - None 4. Final Plat Approval for Orleans Terrace, 60 Unit Residential Condominium Subdivision, Case No. SUB/9l-36. Motion by Councilmember Opheim, seconded by Councilmember Funke to adopt the appropriate Resolution giving final plat approval for Orleans Terrace, Case No. SUB/9l-36. (Resolution No. 91-133) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim, and Mayor Abrahamson Nays - None r 5. Lowell Inn/Rivertown Commons - Petitions for Improvements. Council discussed with the City Attorney and Finance Director which items in the petition would qualify for TIF, which items would be assessable, and which are not eligible for either. Council directed the Finance Director and Community Development Director to prepare a comprehensive report on these items and how they will be paid for. 6. Stillwater Excess Building Survey & Facility Assessment. City Planner Pung-Terwedo explained that the School District will be conducting a reuse study of the Stillwater Junior High School and Washington School. The Stillwater Armory could be an addition to the School District study. Motion by Councilmember Opheim, seconded by Councilmember Farrell to authorize the City Planner to attend School District meetings regarding the reuse study, but that no funds be expended without further Council approval. (Ayes - 4, Nays - 1, Mayor Abrahamson) 7. Water Street Garbage Facility Motion by Councilmember Opheim, seconded by Councilmember Farrell to authorize the City's Consulting Engineer to prepare a feasibility study regarding a garbage facility for Water Street, including a financing plan. (All in favor) 8. Time extension request from Contractor for L.I. 254, W. Mulberry st. Improvements due to inclement weather. Motion by Councilmember Funke, seconded by Councilmember to extend the completion date for the West Mulberry Improvements to July 22. (All in favor) Farrell Street r NEW BUSINESS 1. Sale of City Owned Land Adjacent to Kress Property. 5 r- stillwater City Council Minutes Recessed Meeting July 2, 1991 Motion by Councilmember Farrell, seconded by Councilmember to adopt the appropriate Resolution authorizing the sale of owned land adjacent to the Kress Property for the price of (Resolution No. 91-147) Funke City $200. Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim, and Mayor Abrahamson Nays - None 2. Minor Subdivision Request - George & Debra Huber. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to adopt the appropriate Resolution approving the request from George and Debra Huber for a minor subdivision. (Resolution No. 91-134) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim, and Mayor Abrahamson Nays - None CONSENT AGENDA r Motion by Councilmember Bodlovick, Opheim to approve the Consent Agenda the following: (All in favor) seconded of July 2, by Councilmember 1991, including 1. Directing Payment of Bills (Resolution No. 91-125) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim, and Mayor Abrahamson Nays - None 2. Applications: CONTRACTORS Applewood Bldrs & Cabinet Makers General Contractor New 2379 Hwy 36 North st. Paul, MN 55109 Barthe1my Roofing 11543 Stillwater Blvd. Stillwater, MN 550B2 Roofing Renewal Bear Town Builders & Remodlers 10005 Indigo Trail North White Bear Lake, HN 55115 General Contractor New r Blacktop Driveway Company 1187 Frost Avenue st. Paul, HN 55109 Blacktopping Renewal 6 r-, stillwater City Council Minutes Recessed Meeting July 2, 1991 Craig Colburn 1423 Hazel Court 12 Hudson, WI 54106 General Contractor Renewal Derrick Construction 1505 Hwy. 65 P.O. Box A New Richmond, WI 54107 General Contractor Renewal FM Frattalone Excavating & Grading General Contractor New 3066 Spruce Street st. Paul, MN 55117 Giertsen Company 860 Decatur Avenue Golden Valley, MN General Contractor Renewal North 55427 Hanson Specialties 1663 Dodd Road Mendota Heights, MN General Contractor New 55118 Lee Hendrickson 5969 Stagecoach Stillwater, MN Masonry Trail North 55082 General Contractor Renewal r Karl Construction Company 10950 Penfield Avenue North Stillwater, MN 55082 General Contractor Renewal MAK Companies 1057 Raymond Avenue st. Paul, MN 55108 General Contractor Renewal National Automatic Sprinkler Co. 1612 - 94th Lane Blaine, MN 55434 Fire Protection Systems Renewal Scandinavian Home Construction 8140 Lake Elmo Avenue North Stillwater, MN 55082 General Contractor Renewal STAFF REPORTS(continued) City Coordinator Mr. Kriesel reported on a discussion with Mike Lewis of MNDot regarding the new bridge. Council directed Mr. Kriesel to set a workshop with Mr. Lewis and Transportation Commissioner Riley. (' Finance Director Ms. Deblon reported that in order for Burlington Northern to release the railroad easement on the newly purchased Glacier Park property, a $1,000 release fee is required. 7 r Stillwater City Council Minutes Recessed Meeting July 2, 1991 Motion by Councilmember Opheim, seconded by Counci1member Funke to approve the 81,000 expenditure to Burlington Northern for release of the railroad easement. (All in favor) ADJOURNMENT Motion by Counci1member Bodlovick, seconded by Counci1member Farrell to adjourn the meeting at 10:25 p.m. (All in favor) u)4~ ATTEST: ~ ~~ CITY CLER r Resolutions: No. 91-125 - Authorizing Payment of Bills No. 91-129 - Issuance and Sale of Bonds for Downtown Improvements No. 91-132 - Final Plat Approval for Orleans Addition NO. 91-133 - Final Plat Approval for Orleans Terrace No. 91-134 - Minor Subdivision for George Huber No. 91-147 - Sale of City Owned Land Adjacent to Kress Property Ordinances: No. 745 - Amending Chap. 51 (Traffic), Prohibiting Sale of Vehicles on City Streets Submitted by: Shelly Schaubach Recording Secretary (' 8