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HomeMy WebLinkAbout1991-11-05 CC MIN r REGULAR MEETING STILLWATER CITY COUNCIL MINUTES November 5, 1991 4:30 P.M. The Meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Farrell, Funke, Opheim (arrived at 5:04 P.M.) and Mayor Abrahamson. Absent: None Press: City Coordinator Kriesel City Attorney Magnuson Consulting Engineer Moore Comm. Dev. Director Russell Public Works Director Junker Fire Chief Seim Building Official Zepper Public Safety Director Mawhorter City Clerk Johnson Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Also Present: Others: None r STAFF REPORTS I. Finance Director - No report. 2. Community Develo~ment Director - Possible Annexat on of MTM Tracks Mr. Russell stated that thlS item will be discussed at the meeting on November 19, 1991. 3. Public Works Director - Purchase of Sander Motion by Councllmember Funke, seconded by Councilmember Farrell to authorize the purchase of a sander, at an approximate cost of $1,646, for the Public Works Dept. (All in favor). Purchase of Snowblower for City Hall Motion by Councllmember Bodlovick, seconded by Council member Funke to authorize the purchase of a snowblower for City Hall. (All in favor). Council commended the Public Works Dept. for the snowplowing efforts during the Halloween Blizzard. Discussion followed regarding complaints received in regard to snowplowing and whether the City will be plowing sidewalks this year. Also discussed n 1 (' Stillwater City Council Minutes November 5, 1991 Regular Meeting was the plowing of a City employee's driveway with City equipment. City Attorney Magnuson stated that private use of public equipment cannot be au thori zed. Discussion of Plowing the High School Football Field A Council Poll was taken previous to thlS meetlng regarding the above issue with the vote being the following: Ayes -3; Nays - 2, Councilmembers Bodlovick and Farrell. A discussion followed on whether this is the School's or City's responsibility. Councilmember Funke and Mayor Abrahamson stated they would pay for the City plowing of the High School football field. r Blacktopping of Lily Lake Launch Ramp Area Mr. Junker reported that thlS area wlll not be blacktopped this winter and will have to wait for spring. The dock has been removed. 4. Consulting Engineer - Discussion of Solutions to Drainage Problems on Rumpf property, 2009 No. Lake St. Mr. Moore initiated discussion of solutions to the problems on the above property. Motion by Councilmember Funke, seconded by Councilmember Bodlovick to authorize the Public Works Dept. to receive quotes for the improvement of a drainage project for the Rumpf property at 2009 No. Lake St. (All in favor). Interim Report from A-Tech for Glacier Park Property Mr. Moore noted that all the test wells are under the PCA guidelines for petroleum and A-Tech will attempt to convince the PCA that petroleum is not leaching into the ground. 5. Fire Chief - Promotion of Ken Schmitz to Firefighter-Engineer Motion by Council member Funke, seconded by Councilmember Farrell to adopt the appropriate resolution promoting Volunteer Firefighter Ken Schmitz to Firefighter-Engineer. (Resolution No. 91-219) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 6. Police Chief - D1SCUSS10n of Ta~ging Cars Plowed in during the Snowstorm Pollce Chief Maw orter reported that the Police are surveying the number of cars that were plowed in during the storm. He has requested that a notice be published in the paper requesting people to move them or they will be towed. n 2 (' Stillwater City Council Minutes November 5, 1991 Regular Meeting Discussion of Parking Enforcement Officer Position Chlef Mawhorter reported that Ms. Capuzzl wlll be resigning the end of December due to her inability to work 40 hour weeks because of her college class schedule. This will be discussed further at the Special Meeting on November 12. (Councilmember Opheim arrived at 5:04 P.M..) 7. Building Official - Mr. Zepper distributed the Building Report for October. 8. City Attorney - U~date on Oak Glen Clty Attorney Magnuson brought Council up to date on the Oak Glen financial issue. r 9. City Clerk - Request for Repeal of Presidential Primary in April, 1992 Motion by Councilmember Opheim, seconded by Councilmember Farrell to adopt the appropriate resolution requesting the Legislature to repeal the statute creating the Presidential Primary. (Resolution No. 91-220) AYes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None City Clerk Johnson reported that the County will be using paper ballots for the Presidential Primary on April 7, 1992 and also explained that voters will be requested to declare party affiliation before voting. A short discussion followed. Ratification of Award of Bid for Ice Time at Lily Lake Arena This item will be dlscussed at a later date. 10. City Coordinator - Requesting Corps of Engineers for Placement of "No Wake Buoys" Motion by Councllmember Bodlovick, seconded by Councllmember Funke to authorize Staff to resubmit a request to the Corps of Engineers to place "No Wake Buoys" on the waterfront adjacent to Lowell Park. (A 11 in favor). Discussion of Wharfa~ Permits The 1991 POllCY was not issue Wharfage Permits because of construction and lack of parking in the Downtown area. Council directed the Planning Dept. to study the use of Lowell Park and make a recommendation as it relates to Wharfage Permits. n 3 f" r n Stillwater City Council Minutes November 5, 1991 Regular Meeting Workshop on Pay Equity Compliance Motion by Councilmember Ophelm, seconded by Councilmember Bodlovick to join the Metro Area Manager's Ass'n. in a study, at an approximate cost of $1,500 to $2,000, to update the job evaluations as required by the State. (All in favor) . Submission of Claims to Insurance Co. It was noted that a claim has been received regarding damage to a car from a City snowplow during the recent snowstorm. Council directed this claim be forwarded to the Insurance Co. RECESS Motion by Council member Bodlovick, seconded by Councilmember Farrell to recess the meeting at 5:30 P.M. (All in favor). ATTEST: j)~~ ~~ Resolutions: No. 91-219 - Promoting Ken Schmitz to Firefighter-Engineer. No. 91-220 - Requesting Repeal of Presidential Primary. 4 ('" RECESSED MEETING STILLWATER CITY COUNCIL MINUTES November 5, 1991 7:00 P.M. The Meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Consulting Engineer Moore Comm. Dev. Director Russell Public Works Director Junker Planning Comm. Chair Fontaine City Clerk Johnson r , Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Mark Herwig, St. Croix Valley Press Mary Jo Jackson, Mark Balay, Mike Diamond, Kathleen Granger, Richard Kilty, Debbie Dale (Family Violence Network). APPROVAL OF MINUTES - Motlon by Councllmember Funke, seconded by Councilmember Opheim to approve the minutes of the following meetings as presented: Special Meeting - Sept. 24, Regular & Recessed Meetings - Oct. 8, Regular Meeting - Oct. 15, Special Meeting - Oct. 22, 1991. (All in favor). Press: Others: INDIVIDUALS, DELEGATIONS AND COMMENDATIONS 1. Proclamatlon of "Family Week" November 25 - 29, 1991. A proclamation was presented 'to Mary Jo Jackson, representing Family Service of St. Croix Area, for recognizing Family Week Nov. 25 through Nov. 29, 1991. PUBLIC HEARINGS 1. This is the day and time for the Public Hearing to consider a Variance to the Sign Ordinance setback requirements (fifteen ft. required, zero ft. provided) for the placement of a hundred 'sq. ft. monument-type building identification and office directory sign, located at 1905-1983 So. Greeley St. (Greeley Square) in the BP-C, Business Park Comm. Dist., James Waters, Applicant. Case No. V/91-40. Notice of the hearing was published in The Courier on October 24, 1991 and mailed to affected property owners. I""' 1 r r r , Stillwater City Council Minutes November 5, 1991 Recessed Meeting Mr. Russell explained that the applicant wishes to construct a 100 sq. ft. sign with a zero setbacK at Greeley Square with three per cent of the sign locating the center, and would include offices on the second level which do not have signage at present. He further explained the landscaping and the requirement for changing the driveway access. This was originally agreed upon, but hasn't been completed at this point. The applicant was not present, but left a message stating he would agree to the conditions as discussed. Mr. Russell recommended that this request be approved as suggested and the applicant can reapply if he disagrees with the conditions of approval. Mr. Fontaine stated the Planning Commission concurred with Staff and approved the recommendations. Mayor Abrahamson closed the public hearing. Motion by Councilmember Farrell, seconded by Councilmember FunKe to approve the Variance to the Sign Ordinance setbacK requirements (fifteen ft. required, zero ft. provided) for the placement of a hundred sq. ft; monument-type building identification and office directory sign, located at 1905-1983 So. Greeley St. (Greeley Square) in the BP-C, Business ParK Comm. Dist. as conditioned, James Waters, Applicant, Case No. V/91-40. (All in favor). 2. This is the day and time for the Public Hearing to consider a Variance to the Sign Ordinance for additional signage on a commercial retail establishment which includes 24 in. channel letters on the rear building facade and another additional sign mounted on a free-standing pylon at 14304 No. 60th St. in the BP-C Bus. PK. Comm. Dist., Condura MarKeting/Tires Plus, Applicant. Case No. V/91-52. Notice of the hearing was published in The Courier on October 24, 1991 and mailed to affected property owners. Mr. Russell explained the request is for additional signage (a four ft. by six ft. wall sign on the west wall of the building and a 64 sq. ft. sign on the existing pylon sign) for Tires Plus located in the River Heights Auto Service Center. MiKe Diamond, representing the applicants, stated they need additional exposure because the public cannot see their signs. Mr. Fontaine stated the Planning Commission approved the request for the west side sign with removal of brand name can signs on the east side of the building and no additional signage on the pylon. It was suggested that darK blue be placed behind the yellow lettering to maKe it more visible and perhaps delete the need for more signage. Mayor Abrahamson closed the public hearing. Motion by Councilmember Opheim, seconded by Council member FunKe to approve a Variance to the Sign Ordinance for additional signage on a commercial retail establishment, by following the Planning Commission recommendations, which includes signage on the rear building facade (west side), with removal of brand name can signs on the east side of building, no additional signage on 2 r Stillwater City Council Minutes November 5, 1991 Recessed Meeting the pylon, and a blue background behind yellow lettering at 14304 No. 60th St. in the BP-C Bus. Pk. Comm. Dist., Condura Marketing/Tires Plus, Applicant, Case No. V/91-52. (Ayes - 4, Nays - 1, Councilmember Farrell). r 3. This is the day and time for the Public Hearing to consider a Special Use Permit for a residential use on the second level of a commercial structure at 125 So. Main St. in the CBD, Central Bus. Dist., James & Kathleen Granger, Applicants. Case No. SUP/91-54. Notice of the hearing was published in The Courier on October 24, 1991 and mailed to affected property owners. Mr. Russell summarized the request by stating the applicant will convert a second level of a building, previously used for storage of hardware, to residential use. Mr. Fontaine stated the Planning Commission approved the request and the applicants will be working with the Building and Fire Inspectors to meet all requirements. Mayor Abrahamson closed the public hearing. Motion by Councilmember Funke, seconded by Councilmember Bodlovick to approve a Special Use Permit for a residential use on the second level of a commercial structure at 125 So. Main St. in the CBD, Central Bus. Dist., as conditioned, James & Kathleen Granger, Applicants, Case No. SUP/91-54. (All in favor). UNFINISHED BUSINESS I. Re~ort on Financing Alternatives for 7.5 Acre Site in the Industrial Th s item was tabled untll the meetlng on November 19, 1991. 2. Levee Wall Condition Report and Request for U.S. Corps of Engineer Asslstance. Mr. Russell presented the update on the condition of the Levee Wall which was prepared by the Engineer. One recommendation is that the City Council pass a resolution requesting the Corps of Engineers for assistance in funding the costs of reconstruction. Park. Richard Kilty, 118 W. Oak St., asked why the City is again making this request and why the Corps of Engineers would be more open to granting assistance. The Council replied because of the historic nature of the wall and bridge. Motion by Councilmember Opheim, seconded by Councilmember Farrell to adopt the appropriate resolution requesting the U.S. Army Corp of Engineers for assistance in conducting studies to determine the feasibility of developing an emergency street and bank protection project along the St. Croix River in Downtown Stillwater. (Resolution No. 91-221) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. r 3 f' Stillwater City Council Minutes November 5, 1991 Recessed Meeting Nays - None Motion by Councilmember Opheim, seconded by Councilmember Funke directing Staff to pursue special legislation for reconstruction of the Levee Wall due to its historic significance. (All in favor). Council requested Staff to also notify the DNR and Boundary Waters Commission of the action taken regarding the Levee Wall. r NEW BUSINESS I. Authorization for Funding for Design Services for Main St. Replacement Awnl ngs. Mr. Russell explained, that at a previous meeting, the Council authorized participation in funding for removal of awnings on the west side of Main St., north of Chestnut St. This request is for funding ($800) for design of the awnings in order that they be consistent with the design guidelines and will be taken from the Planning Budget. Discussion followed on whether to take the funds from the Planning Budget or include the $800 amount in the $10,000 allowed for redoing the awnings. Motion by Councilmember Opheim to authorize the expenditure of $800 from the Planning Budget for preparation of plans for a new canopy on the west side of Main St. north of Chestnut St., if costs for construction of said canopy exceed $10,000. The motion died for lack of a second. Motion by Council member Funke, seconded by Councilmember Opheim to authorize the Comm. Dev. Director to hire a Planning Consultant for preparation of plans for a new canopy for the west side of Main St., north of Chestnut St. with the funds to taken from the $10,000 previously allowed for this purpose. (Ayes- 3, Nays - 2, Councilmembers Bodlovick and Mayor Abrahamson). 2. Motion by Councilmember Farrell, seconded by Councilmember Opheim to approve the request to share in the Highway 36 traffic stuqy with Oak Park Heights, Washington County and MnDOT at an approximate cost of $2,950. (All in favor). 3. Amendment to Floodplain Regulation of Zonin~ Ordinance ZAT/91-2. Mr. Russell explalned the Federal governmen has changed regulations and the City's ordinance should also be changed to be in compliance. r 4 r Stillwater City Council Minutes November 5, 1991 Recessed Meeting Motion by Councilmember Bodlovick, seconded by Councilmember Funke to have a first reading of an amendment to the Flood Plain Ordinance, No. ZAT/91-2, by title. (All in favor). 4. Downtown Utility Connection Assistance and Facade Improvement Program. This 1tem will be d1scussed at a future meeting. 6. Comments on Oak Park Heights Com~rehensive Plan Amendment. Mr. Russell commented that the C ty of Oak Park Heights 1S adding over 300 acres of land and one item he would like to ensure is that the City of Stillwater expansion can be accommodated by the sewer treatment plant. Another consideration would be an adequate road system to handle future traffic demands. r Motion by Councilmember Funke, seconded by Councilmember Opheim to authorize the Community Development Director to forward a letter to the City of Oak Park Hei ghts in regard to thei r COqJrehens i ve Pl an Amendment. (Allin favor). 7. Policy on Commission Ap~ointments/Memberships. Motion by Councllmeroer Funke, seconded by Councllmeroer Bodlovick to accept the recommended policy on commission appointments/memberships in concept with further definition for adoption into an ordinance or resolution at a future date. (All in favor). ~pointments to Library Board Motion y Councilmember Funke, seconded by Councilmember Farrell to reappoint Anita Buck, Mary Ann Engebretson and Lois Welshons to a further term on the Library Board. (All in favor). 8. Application for Payment No.4 from Johnson Bros. Construction - Downtown Improvement, L.I. 257. Motion by Counc1lmeroer Bodlovick, seconded by Councilmember Farrell to authorize Payment No.4 to Johnson Brothers Construction in the amount of $702,623.51. (All in favor). r 5 r Stillwater City Council Minutes November 5, 1991 Recessed Meeting Ayes - Councilrnembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None the Ayes - Councilrnembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None r CONSENT AGENDA Motlon by Councilrnember Bodlovick, seconded by Councilrnember Farrell to approve the Consent Agenda of November 5, 1991, including the following: (All in favor). 1. Directin~ pa~ment of Bills (Resolution No. 91-218). Ayes - Councllrne ers Bodlovick, Farrell, Funke, Ophelm and Mayor Abrahamson. Nays - None 2. Contractor's Licenses: S.Carlson Horne Improvement 348 So. 4th St. Bayport, Mn. 55003 General Contractor Renewal Countryside Plbg. & Htg. 753 So. Knowles New Richmond, Wi 54017 Eberhard Construction 7529 No. Stillwater Way Oakdale, Mn. 55128 First Landmark Builders 611 So. Snelling Ave. St. Paul, J>t1. 55116 Excavators Renewal Masonry & Brick Wk. Renewal General Contractor New r 6 r Stillwater City Council Minutes November 5, 1991 Recessed Meeting Gorman Construction 2217 Bonnie Lane St. Paul, Mn. 55119 General Contractor New Martin A. Keller 465 18th Ave. So. So. St. Paul, Mn. 55075 General Contractor New Pacesetter Corporation 4343 So. 96th St. Omaha, Ne 68127 General Contractor New C. R. Partridge Homes, Inc. 13809 Sunset Lk. Dr. Burnsvi 11 e, MIl. 55337 General Contractor New r Peterson Construction Inc. 1023 No. Knowles Ave. New Richmond, Wi 54017 COUNCIL REQUEST ITEMS Update & Summarization of Downtown Construction Because of criticism that the project was started late, Mr. Moore summarized the process by stating the Feasibility Study was done in the summer of 1990, State approvals had to be obtained, i.e, directions from the PCA to eliminate as much clear water as possible, securing a cooperative agreement with MnDOT, whose approval was not received until just before award of the contract, preparing the contract and award of bid, bonds, insurance papers, scheduling, etc. Construction could not start before June 10 of this year. General Contractor New Mr. Moore also reported on the sewer project on Third & ~rtle Streets, stating this intersection will not be usable for several days. He continued by reporting on the sidewalk areas near Vittorios and the Grand Garage, the elevated walkWay and electrical connections. Mr. Moore asked merchants to refrain from using salt on new sidewalks to reduce the possibility of scaling in the spring. Council suggested letters be sent to merchants alerting them to this possibility. Richard Kilty, 118 W. Oak St., asked if the weather continued to be bad, would Third and ~rtle Streets be closed all winter. Mr. Moore replied it would not. Request of Fire De~t. It was noted that he Fire Dept. in shoveling out fire hydrants. has requested assistance from residents r 7 r Stillwater City Council Minutes November 5, 1991 Recessed Meeting Cable Commission Councilmember Bodlovick reported the Cable Commission is holding a public hearing at Oak Park Heights on Nov. 20 to consider transfer of ownership. The proposed budget will be in City hands by December 1, 1991. COMMUNICATIONS/FYI I. Carol Ryden - Downtown IMprovement Project Ms. Ryden had requested various copies as they relate to Downtown Construction. Mr. Kriesel stated all information has been made available. 2. Patrick J. Mulvehill - Concern re ardin draina e on his ro erty at 301 W. rt e t. Mr. Moore stated he will send a copy of his study and recommendations to Mr. Mulvehill regarding this problem. He also stated the Hydrologists are reviewing this problem. 3. Chamber of Commerce - Request for use of Pioneer Park on Nov. 29. Council referred this letter to the Park & Recreatlon Commission. ADJOURNMENT Motlon by Councilmember Farrell, seconded by Councilmember Funke to adjourn r the meeting at 9:05 P.M. All in favor. p4~ ATTEST: Ut;c~ Resolutions: No. 91-218 - Directing Payment of Bills. No. 91-221 - Requesting U.S. Corps of Engineers to Assist with Reconstruction of Levee Wa 11 . No. 91-222 - Approval of Pull-Tabs At St. Croix Club. No. 91-223 - Accept Work & Final Payment to Hydrocon for L.I. 256. r 8