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Home My WebLink About1991-09-17 CC MIN {I REGULAR MEETING STILLWATER CITY COUNCIL MINUTES September 17, 1991 7:00 P.M. The Meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Oirector Deblon Consulting Engineer Moore Comm. Dev. Director Russell Planning Comm. Chair Fontaine Public Works Director Junker Public Safety Director Mawhorter City Clerk Johnson Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Mary Alden, St. Croix Valley Press Press: rr Others: Rick Sauers, Dave Perochesci, Mr. Poynter, R. Kilty, Ron Keppler, Laura Smith. APPROVAL OF MINUTES Motion by Councllmember Funke, seconded by Councilmember Opheim to approve the minutes of the following meetings as presented: Special & Reconvened Meetings - August 27, 1991; Regular & Recessed Meetings - Sept. 3, 1991. (All in favor ). INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Ron Kepgler & Laura Smith, Stillwater Pet Shop - Concerns regarding new Anlmal rdlnance. Mr. Keppler was not present at this time, The item will be discussed when he appears. STAFF REPORTS 1, Community Development Director - No report. 2. Finance Director - No report, 3. Public Works Director - Check Valves on DeerQ~t~ Moti on by Councll member f'iliiKe, the placement of a check valve seconded by Council member Bodlovick to approve at 254 Deerpath Ct. (All in favor). (I 1 r Stillwater City Council Minutes September 17, 1991 Regular Meeting Discussion of Placement of "No Parking" SirS on Owens & Myrtle Street Mr. Junker stated he had received a reques to not place these slgns in the area of this intersection, creating a right-turn lane, because of heavy traffic and safety concerns. Council concurred with the request and Mr. Junker will wait to hear from the County before taking final action. Stagnant Pond near Marine Circle Councilmember Funke brought the issue of the stagnant pond in back of Marine Circle to Public Works Director Junker's attention. Mr. Junker stated they could possibly use a recycling pump in that location after approval from the DNR, Discussion of Problem Traffic Areas in Downtown Area Most of the problems and complaints are due to the Downtown construction. Consulting Engineer Moore stated Mr. Van Wormer could contact Mn/DOT to see if the signals could be timed differently, No action was taken, rl 4. Public Safety Director - Mr, Mawhorter reported that Officer Ulrich will have surgery on an injured hand due to injuries sustained making an arrest. Therefore, the Police Force will be two officers short and overtime may be required, Traffic Problems at Interlachen Way & Bayberry Ave. Motion by Councilmember Farrell, seconded by Councilmember Funke to adopt the appropriate resolution approving the recommendation of the Police Dept. for the placement of three warning signs in tne area of the intersection of Bayberry and Interlachen Way. (Resolution No. 91-184) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson, Nays - None Parking Enforcement durin~ Downtown Construction Motion by Councllmember Farre l, seconded by CouncilmeJIber Funke to approve the enforcement of on-street parking regulations, suspend enforcement of the parking lots; issue warning summons for first time offenders & issue $5,00 parking tickets to those vehicles who have been cited with a warning summons; suspend issuance of parking permits until a later date; to give credit to those persons who have already bought parking permits; and to check with Council before re-establishing a regular parking program, (All in favor), Request to Job-Share Parking Control Officer Position Motion by Councllmember Funke, seconded by Councilmember Bodlovick to deny the request of Parking Control Officer Cara Capuzzi for job-sharing her position. (Ayes - 3; Nays - 2, Councilmembers Farrell & Opheim). n 2 o r r Stillwater City Council Minutes September 17, 1991 Regular Meeting Motion by Council member Opheim, seconded by Councilmember Bodlovick to authorize the posting of the Parking Control Officer position contingent on Officer Capuzzi resigning. (Ayes - 4; Nays - 1, Councilmember Funke). INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Ron Kepgler & Laura Smlth, Stlllwater Pet Shop - Concerns regarding new Animal rdlnance. Ron Keppler, owner of the Pet Shop at 226 So. Main St., asked if the newly adopted animal ordinance would also regulate his pet shop and he was told it would, He further stated that at least 50% of his business includes birds, reptiles and other unusual pets and this ordinance would greatly affect his business. Extensive discussion followed on why these kinds of pets are being regulated. Comments were also made by Rick Sauers, owner of the cougar. City Attorney Magnuson explained the penalties. Also, the individuals were told they could apply for a Special Use Permit which includes the insurance coverage. No further action was taken, Council recessed for ten minutes and reconvened at 8:15 P.M. UNFINISHED BUSINESS 1, D1Scussion of Hudson Street Im~rovement, L.I. 272, Clty Coordinator Kriesel explalned the Council conducted an improvement hearing on March 19, 1991, ordered the improvement and, in July, awarded the construction bid to Tower Asphalt contingent upon receiving assessment waivers from the four affected property owners. However, two of the four failed to sign the waivers, Discussion between Staff and Council followed regarding whether to go ahead with the project or forget it. Motion by Councilmember Farrell, seconded by Councilmember Funke to adopt the appropriate resolution awarding the bid for the reconstruction of Hudson Street, L.I. 272, to Tower Asphalt; and removing the contingency of receiving signed waivers from all affected property owners. (Resolution No. 91-185) Ayes - Council members Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None Motion by Councilmember Bodlovick, seconded by Council member Farrell to adopt the appropriate resolution declaring the cost to be assessed and ordering the preparation of proposed assessment for L.I, 272, Hudson St. (Resolution No. 91-182), Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 3 rl Stillwater City Council Minutes September 17, 1991 Regular Meeting Motion by Councilmember Bodlovick, seconded by Council member Farrell to adopt the appropriate resolution setting the assessment hearing date of October 8, 1991 for L.I. 272, Hudson. St. (Resolution No. 91-183). Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahan~on. Nays - None rl 2. Possible Award of Bid for L,I. 257/259, No. Main Street/Lowell Inn/Rivertown Commons Parklng Lots. Consulting Engineer Moore explained the proposal for construction of the No, Main St./Riverview Commons/Lowell Inn parking lots. The No, Main St. lot is located on the Mn/DOT property and Johnson Brothers Construction has been storing their construction equipment in this space until the downtown construction is completed. Staff has been unable to locate another space for this purpose. Discussion followed regarding asking Tower Asphalt to extend the contract for the No, Main St, lot until next spring and to start the Rivertown Commons/Lowell Inn now, Mr. Moore also stated that the Minnesota Zephyr will not be constructed as fast as originally planned and may affect the construction of the storm sewer, Motion by Council member Opheim, seconded by Councilmember Funke to adopt the appropriate resolution awarding the bid for L.I. 257/259, No. Main St./Lowell In/Rivertown Commons Parking Lots to Tower Asphalt subject to agreement with Tower Asphalt for a Change Order in order to delay the No, Main St. parking lot. (Resolution No. 91-186) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 3. Comment on Nomination of the Downtown Stillwater Commercial Historic Dlstrlct to the Natlonal Reglster of Hlstorlc Places. Motion by Councilmember Ophelm, seconded by CounCllmember Funke to authorize the submission of a letter to the National Register of Historic Places, supporting the nomination of the Downtown Stillwater Commercial Historic Dist. (All in favor). 4, Recommendation for New Planning Commission Members, Motion by Councllmember Bodlovick, seconded by Councllmember Funke to approve the appointment of Gene Bealka and Darwin Wald to the Planning Commission. (AYes - 4; Nays - 1, Councilmember Farrell). NEW BUSINESS 1, Set PUblic Hearing Date for Special Assessments on October 8, 1991. L.I, 254, Mulberry St. Motion by Councllmember Farrell, seconded by Councilmember Funke to set the assessment rate at $45.00 a front foot, plus services, and direct Staff to rl 4 r, Stillwater City Council Minutes September 17, 1991 Regular Meeting draft an assessment policy including sideyard and other considerations for presentation to Council, (All in favor). Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to adopt the appropriate resolution declaring the cost to be assessed & ordering preparation of proposed assessment for L.I, 254, Mulberry St. (Resolution No. 91-176) AYes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to adopt the appropriate resolution setting the assessment hearing on the proposed assessment for L.I. 254, Mulberry St, for October 8, 1991, (Resolution No, 91-177) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None r L.I. 271, Curve Crest Blvd. Motion by Councllmember Funke, seconded by Councilmember Opheim to set the assessment rate at $20,000 per acre, plus services, minimum, for property in the Industrial Park. (All in favor), Motion by Councilmember Funke, seconded by Councilmember Opheim to adopt the appropriate resolution declaring the cost to be assessed & ordering preparation of proposed assessment for L,I. 271, Curve Crest Blvd. (Resolution No. 91-178) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to adopt Resolution No. 91-179 setting the assessment hearing on the proposed assessment for L.I. 271, Curve Crest Blvd. for October 8, 1991. (Resolution No. 91-179) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None L.I. 273, Hi~hlands of Stillwater Motion by Councl member Farrell, seconded by Councilmember Funke to adopt the appropriate resolution declaring the cost to be assessed & ordering preparation of proposed assessment for L.I. 273, Highlands of Stillwater. (Resolution No. 91-180) rl 5 n Stillwater City Council Minutes September 17, 1991 Regular Meeting Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to adopt the appropriate Resolution setting the assessment hearing on the proposed assessment for L.I, 273, Highlands of Stillwater for October 8, 1991, (Resolution No. 91-181) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 2, r , Motion by Councilmember Funke, seconded by Councilmember Farrell to authorize the update of the Levee Wall study. (All in favor). 3, Letter to Sen. Durenberger Regarding Historic Preservation Provisions of New Highway Act. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve the submission of a letter to Sen. Durenberger regarding historic preservation provisions of the new Highway Act, (All in favor). CONSENT AGENDA Motion by Councilmember Opheim, seconded by Councilmember Funke to approve the Consent Agenda of September 17, 1991, including the following: (All in favor). 1. Directin~ Payment of Bills (Resolution No. 91-175). Ayes - Counc lmembers Bodlovick; Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 2. The followin~ Contractors Licenses: Andlar Constructlon, Inc, General Contractor New 12000 Sunset Ave, N.E, Circle Pines, Mn. 55014 Steve Chilstrom Drywall 15721 Kiowa St.N,W. Andover, Mn, 55304 Plastering, etc. New r 6 r, Stillwater City Council Minutes September 17, 1991 Regular Meeting Haussner Construction 12054 McKusick Rd. Stillwater, Mn. 55082 General Contractor New Junker Landscaping 807 So. 4th St, Stillwater, Mn, 55082 Langenfeld Masonry, Inc. 11985 Pt. Douglas Rd, So, Hastings, Mn. 55033 Robbie Construction 3985 Evergreen Pl. Shoreview, Mn. 55126 Robbie's Repair 16783 Upper 17th St, St. Croix Beach, Mn, 55043 3, Submission of Claim for Sewer Back-up at 236 Deerpath Ct. to Insurance ~gen~. ~ 4. et ublic Hearin date of Oct. 1, 1991 for the followin Plannin Cases: a. ase o. - lnor u lV1S on 0 , sq. t. 0 ot to Lot 18 of Fairmeadows 1st Add. (10 ft. of property along the north 140 ft. boundary line of Lot 19) located at 2316 Oakridge Rd. & 2307 Fairmeadows Rd. in the RA, Single-Family Residential Dist., John Serier, Applicant. b. Case No. V/91-47 - Variance to the Bluffland/Shoreland Ordinance for the placement of an on-site septic system on a slope greater than 12$, located on Dellwood Rd. No. in the RA, Single Family Residential Dist. & Bluffland/Shoreland Dist., Kenneth Seefert, Applicant. c. Case No. V/91-48 - Variance to the Sign Ordinance for the placement and replacement of exterior signage for Lakeview Memorial Hospital/St. Croix Valley Clinic at 919 West Anderson St. in the RB, Two Family Residential Dfst., Visual Communications, Applicant, General Contractor Renewal Masonry & Brick Work New General Contractor New Siding Applicator New COUNCIL REQUEST ITEMS Minnesota State Band Concert Mayor Abrahamson announced that the Minnesota State Band will be performing at 7:00 P.M., Wednesday, September 25, 1991 at Pioneer Park and all are invited to attend. STAFF REPORTS (Continued) Clty Coordinator Purchase of Equlpment for Parks Dept, 7 r r, Stillwater City Council Minutes September 17, 1991 Regular Meeting Motion by Councilmember Funke, seconded by Councilmember Bodlovick to approve the purchase of a chain saw for $329.00 and trash can holder for $250.00 by the Parks Dept. (All in favor). Purchase of Cellular Phone for Building Official's Vehicle Motion by Councilmember Funke, seconded by Councllmember Ophelm to purchase a cellular telephone for the Building Official's vehicle at a cost of $299.00. (All in favor). postin~ of Laborer/Maintenance Position Motion by ouncilmember Opheim, seconded by Councilmember Funke to post the position of Laborer/Maintenance Worker, Public Works Dept., internally, for five days, Sept. 18 - 24, 1991. (AYes - 4; Nays - 1, Councilmember Bodlovick l. Resolution Honoring Shirle~ Montbriand Motion by Councilmember BodloV1Ck, secondea by Councilmember Funke to adopt the appropriate resolution honoring Shirley Montbriand for her twenty years of outstanding service as Secretary for the City of Stillwater. (Resolution No. 91-187) r Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None Special Council Meetin~s on Sept. 24 & 25, 1991 Mr. Kriesel announced hat Council wlll meet wlth the Fire Relief Ass'n. at 4:30 P.M. on Tuesday, September 24, 1991 to discuss Fire Relief Ass'n, investments; and 4:30 P.M. on Wednesday, September 25, 1991 with the Solid Waste Advisory Committee. City Attorney Reconvened Assessment Hearing for Certain Property Owners in L.I. 257, Downtown Construction Motion by Councilmember Funke, seconded by Council member Opheim to adopt the appropriate resolution declaring the cost to be assessed & ordering preparation of the proposed assessment for the reconvened portion of L.I, 257, Downtown Plan Improvements, (Resolution No. 91-188) AYes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None r 8 r Stillwater City Council Minutes September 17, 1991 Regular Meeting Motion by Councilmember Opheim, seconded by Councilmember Funke to adopt the appropriate resolution setting the assessment hearing on the reconvened portion of the proposed assessments for L,I. 257, Downtown Plan Improvements for October 8, 1991 at 3:00 P,M. (Resolution No. 91-189) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None Cit~ Clerk Motion y Councilmember Bodlovick, seconded by Council member Opheim to approve the attendance of approximately seven Staff Members at the Municipals Fall Meeting in Bloomington on October 24, 1991, (All in favor). COMMUNICATIONS/REQUESTS I. Carole V. Ryden, representing Sandra Boehm & Assoc., regarding Downtown Improvement ProJect. Council took note of this letter. 2, AUdre~ Mularie, Grants Mgr., Minn. Dept. of Trade & Economic Dev., Regar ing Lowell Park. Councll noted thlS communication. r 3. DOU~ Ryan, Wash. Co. Environment & Land Use Div. Mgr., Regulation of Rai road Operatlons. CounCl1 noted this letter - no action taken. 4. Pat Mulvehill, 301 W. MYrtle St. - Concerns regarding drainage onto his Eropert~ . Discusslon followed regarding the problems confronting Mr. Mulvihill as to the drainage on his property. Mr. Moore recommended a study be done to see what the problems may be. Motion by Councilmember Opheim, seconded by Council member Funke authorizing the Consulting Engineer to evaluate the situation causing the drainage problems on the property at 301 W, MYrtle St, (All in favor). ADJOURNMENT Motlon by Councilmember Bodlovick, seconded by Councilmember Farrell to adjourn the meeting at 9:55 P.M. (All in favor!. ATTEST: AJ~ ~C~ MAYOR r 9 r r r ~ Stillwater City Council Minutes September 17, 1991 Regular Meeting Resolutions: No. 91-175 - Directing Payment of Bills. No. 91-176 - Preparation of Assessment Roll, L,I, 254, Mulberry St. No. 91-177 - Set Assess.Hearing for L.I, 254, Mulberry St. No. 91-178 - Preparation of Assessment Roll, L.I. 271, Curve Crest Blvd. No. 91-179 - Set Assess.Hearing for L.I. 27l, Curve Crest Blvd. No. 91-180 - Prep. of Assess. Roll, L.I. 273, Highlands of Stillwater. No. 91-181 - Set Assess.Hearing for L.I, 273, Highlands of Stillwater. No. 91-182 - Prep. of Assess. Roll, L.I, 272, Hudson St. No. 91-183 - Set Assess.Hearing for L.I, 272, Hudson St. No. 91-184 - Placement of Warning Signs for Bayberry & Interlachen, No. 91-185 - Award Bid to Tower Asphalt for L.I. 272, Hudson St, No. 91-186 - Award Bid to Tower Asphalt for L.I. 257/259, Parking Lots. No. 91-187 - Commending Shirley Montbriand. No. 91-188 - Prep. of Assess, Roll, Reconvened portion of L,I, 257. No. 91-189 - Set Reconvened Assess. Hearing for L,I, 257, Downtown Const. 10