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Home My WebLink About1991-11-19 CC MIN r REGULAR MEETING STIllWATER CITY COUNCIL MINUTES November 19, 1991 7:00 P.M. The Meeting was called to order by Mayor Abrahamson. Present: Counci1members Bod10vick, Farrell, Funke, Opheim and Mayor Abrahamson. Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Consulting Engineer Moore Comm. Dev. Director Russell Public Safety Director Mawhorter Fire Chief Seim library Director Berta1mio City Clerk Johnson Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Mark Herwig, St. Croix Valley Press Scott Zahren, Mr. & Mrs. Jack Die1entheis, leonard Feeley, G.P. Kaske, Karl Ranum. Others: r APPROVAL OF MINUTES - Motion by Counci1member Bod10vick, seconded by Counci1member Opheim to approve the minutes of the Special Meeting of October 29, 1991 and Regular & Recessed Meetings of November 5, 1991. (All in favor). INDIVIDUALS, DELEGATIONS & COMMENDATIONS I. Scott Zahren - Discusslon of liquor license Transfer for Grand Garage. Mr. Zahren was present to get pre1lmlnary approval from Councll for a transfer of a liquor license at the Grand Garage, with the inclusion of the portion previously occupied by Mickey's Creamery. Mr. Zahren would continue to operate Trump's in the River Exchange Building across the street in addition to the new facility. City Attorney Magnuson stated one license could cover both areas of the Grand Garage license and Mr. Zahren would have to work out the lease with the landlord. The public hearing and final approval would be held before the City Council with input from the Police Dept. Council also stated Mr. Zahren would have to be reviewed by the Building and Fire Departments to make sure codes are followed and it was requested that no music be piped to the outside. Mr. Zahren concurred with these recommendations. STAFF REPORTS I. Po1lce Chief - r I (" Stillwater City Council Minutes November 19, 1991 Regular Meeting Executive Session - Chief Mawhorter requested an Executive Session with the Council at the close of tonight's meeting and they concurred. Purchase of two Computers for the Police Dept. Motion by Counc11member Funke, seconded by Counc11member Opheim to approve the purchase of two computers for the Police Dept. in the amount of $3,550. (All in favor). 2. Fire Chief - No Report. 3. Community Deve10~ment Director - Placement of Tra11er on Oak Glen Property by North Star Homes fom McManus, represent1ng North star Homes, requested Counc11 approval for the placement of a mobile home on the property at Oak Glen where tney plan to construct homes. This request is for 75 days, starting the day they start construction and they will post a bond to assure removal of the trailer; also landscaping will be provided. The trailer will be connected to sewer and water lines. r Motion by Counci1member Funke, seconded by Counci1member Bod10vick to approve the placement of a mobile home on the Oak Glen property by North Star Homes for 75 days during the construction of homes. (All in favor). PUBLIC HEARINGS 1. Th1S 1S the day and time for the 1992 "Truth in Taxation" Public Hearing and proposed 1992 Budget. Notice of the hearing was published in the The Courier on November 14, 1991. City Coordinator Kriesel presented a summary of City finances including the following: Comparison of Net Tax Levy, with a 5.3% decrease from the 1991 Net Tax Levy; explanation of the 1992 Debt Service Levy; the comparison of the City Tax on various residences; comparison of City expenditures with a review of the City budget process wherein after cuts to the budget, there is a surplus of $15,202. Mr. Kriesel also explained the effect the loss of state aids has on the City. Next summarized was the Capital Outlay Budget with a total of $425,552. Mr. G. P. Kaske, 824 So. Greeley St., questioned the increase under Miscellaneous Expenditures and Mr. Kriesel explained this as a new accounting procedure for the City lumping together certain items which were listed under different areas previously. Mr. W. Heinke, questioned where the $60,847 in the Parking Fund comes from. It was explained these funds come from tickets issued for illegal parking. (' 2 r Stillwater City Council Minutes November 19, 1991 Regu1 ar Meeti ng Mr. Kaske questioned the costs for Mayor and Council under General Fund and it was explained that this is possibly an increase of health insurance and/or PERA and FICA costs. Mr. Kaske also commented it is getting harder for the elderly to pay increases because they are living on a fixed income. r Jack Die1entheis, 1505 No. First St., commented that he had attended the County meeting and compared this with the City meeting. He stated he appreciated the fact that the City intends to reduce expenditures. He is also dismayed at the unethical tactics the County and Watershed District use to continue spending. Mayor Abrahamson stated that a letter had been received from an individual (Arnold Jirik, 1940 So. Greeley St.) regarding 32 questions regarding the "Truth in Taxation" meeting. Mayor Abrahamson stated most of these questions were answered'at the meeting. Mr. Jirik had been offered the opportunity to meet with the Council at 4:30 this afternoon to discuss some utility bill problems, but declined. Motion by Council member Bod10vick, seconded by Councillllember Funke to close the public hearing. (All in favor). ~ting Final BUdget for 1992 Motion-by Councl1member Farrell, seconded by Counci1member Funke to adopt the appropriate resolution adopting the final budget for 1992. (Resolution No. 91-225) Ayes - Councilmembers Bod10vick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None ~ting Final Tax Levy for 1992 Motion-by Counci1member Bodlovick, seconded by Council member Farrell to adopt the appropriate resolution adopting the final tax levy for the year 1992. (Resolution No. 91-226) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None Adopting 1992 Capital Outlay Budget Motion-by CounCllmember Farrell, seconded by Councilmember Opheim to adopt the appropriate resolution adopting the 1992 Capital Outlay Budget. (Resolution No. 91-227) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None [> , 3 r Stillwater City Council Minutes November 19, 1991 Regular Meeting Council recessed for fifteen minutes and reconvened at 8:22 P.M. UNFINISHED BUSINESS I. Report on Flnancing Alternatives for 7.5 Acre Site in the Industrial Park. Councll dlscussed the memo received from Flnance Director Deblon wherein it was stated that, at this time, all TIF funds have been pledged to other projects and selling capital outlay bonds for this purchase would place an additional burden on the general tax levy for the citizens of Stillwater. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to decline the offer to purchase additional property next to the armory site. (All in favor). r , 2. Downtown Utility Connection Assistance & Facade Improvement Program. Motion by CounCllmember Funke, seconded by Councllmember BOdlovick to approve assistance for private costs of utility connections and facade improvements with the implementation of an application program in the Downtown construction area after the project is completed. (All in favor). 3. Possible Second Readin of Amendment to Flood lain Re ulation of Zonin Or 1 nance ZA . Motion by Councllmember Farrell, seconded by Councilmember Funke to have a second reading, by title, and enactment of an Ordinance amending the Floodplain Regulations of the Zoning Ordinance, ZAT/91-2. (Ordinance No. 747) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 4. Discussion of Janitorial Services for City Hall. Motion by Councilmember Funke, seconded by Councilmember Opheim to adopt the appropriate resolution approving the sharing of janitorial services and entering into an agreement for same with the Library Board of Trustees. Resolution No. 91-229) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None NEW BUSINESS I. Discussion of Draina~e Problems at 1114 No. Owens Street. Mr. Moore explalned hat he had revlewed the sltuation on the Dorendorf property at the above address and found that when the townhouses were built behind Mr. Dorendorf's property, a driveway was placed abutting Mr. Dorendorf's backyard, which has since been modified and drains into Mr. Dorendorf's property. Council and Staff discussed the issue further and r 4 r Stillwater City Council Minutes November 19, 1991 Regular Meeting determined this is a civil matter between Mr. Dorendorf and the neighboring property owner. Motion by Counci1member Funke, seconded by Counci1member Farrell directing the City Attorney to notify the two parties involved in the drainage problems at 1114 No. Owens Street that this issue is a private matter. (All in favor). 2. Discussion of S~arate Metering of Storm Water for Shorty's Cleaners. Motion by Councl1member BodloV1Ck, seconded by Councllmember Funke to approve separate metering of storm water for Shorty's Cleaners on Chestnut & Second Streets. (All in favor). 3. Resolution Desi~ating McG1adry and Pullan as Auditors for the 1991 Audit. Motion by Councilme er Opheim, seconded by Counci1member Farrell to adopt the appropriate resolution designating McG1adrey & Pullan as Auditors for the 1991 Audit, with the fee not to exceed $19,250 for the City and $5,000 for the Water Board. (Resolution No. 91-228) r Ayes - Counci1members Bod10vick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None Council discussion included the rising fees for various services and that perhaps the City should lOOk further for a more moderate fee. 4. Application for Payment No.1, L.I. 257 & 259, No. Main St. & Lowell Inn/Rlvertown Commons parkin~ Lots. Motion by Counci1member Bod10vic , seconded by Counci1member Farrell to approve the Application for Payment No.1 to Tower Asphalt, Inc. in the amount of $41,371.72, and amended with the $.14 correction, for L.I 257 and 259, No. Main St. & Lowell Inn/Rivertown Commons Parking Lots. (All in favor). CONSENT AGENDA Motlon by Counci1member Bod10vick, seconded by Counci1member Funke to approve the Consent Agenda of November 19, 1991, including the following: (All in favor) I. Directin~ pa~ment of Bills (Resolution No. 91-224) Ayes - Councl1me ers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 2. The following Contractor's Licenses and various Liquor Licenses: Contractor's Llcenses Carpentry Plus General Contractor Renewal 970 Daily Rd. Hudson, Wi 54016 5 r Stillwater City Council Mi nutes r- November 19, 1991 Regular Meeting J & D Builders General Contractor New 2355 Greenbrier Cirle St. Paul, Mn. 55117 M & M Construction General Contractor Renewa 1 210 Sunrise Dr. Somerset, Wi 54025 R.C.Witt Construction General Contractor New 1194 Carlton Dr. St. Paul, Mn. 55112 On-Sale Liquor Licenses Freight House, Inc. Renewal 305 So. Water St. Mad Capper Saloon, Inc. Renewal 224 So. Main St. J. W. Harbor Bar Renewal 517 No. Owens St. r- Meister's Bar & Grill Renewal 902 So. Fourth St. Vittorio's Renewal P.O. Box 437 Freight House, Inc. Sunday On-Sale Liquor Licenses Renewal 305 So. Water St. Mad Capper Saloon, Inc. Renewa 1 224 So. Main St. J. W. Harbor Bar Renewal 517 No. Owens St. Stillwater Elks Renewal 279 E. MYrtle St. Vittorio's Renewal P.O. Box 437 Off-Sale Liquor Licenses R & R Li quo rs Renewa 1 1971 So. Greeley St. f' 6 Stillwater City Council Mi nutes r November 19, 1991 , Regular Meeting Kinsel's Inc. Renewal 119 E. Chestnut St. South Hill Liquor Store Renewal 117 W. Churchill St. John's Bar Renewal 302 So. Main St. Vittorio's Renewal P.O. Box 437 Club Licenses Stillwater Elks Club Renewal 279 E. MYrtle St. Stillwater Country Club Renewal 1421 No. Fourth St. Stillwater K.C. Hall, Inc. Renewal 1910 So. Greeley St. American Legion Post #48 Renewa 1 r 103 So. Third St. Wi ne Li censes The Rivertown Inn Renewal Charles & Judith Dougherty 306 W. Olive St. Silver Lake Restaurant Renewal Kenny Mi ng Kor 241 So. Main St. On-Sale Beer Licenses Pizza Plus Ribs Renewal 1975 So. Greeley St. Silver Lake Restaurant Renewal 241 So. Main St. Off-Sale Beer Licenses Food-n-Fuel Renewa 1 1101 No. Owens St. Brook's Food Market #26 Renewal 2289 Croixwood Blvd. Tom Thumb Store #219 Renewal 2601 Orleans St. W. (" 7 r- Stillwater City Council Minutes November 19, 1991 Regular Meeting Tom Thumb Store #283 1905 So. Greeley St. Cub Foods 2001 Washington Ave. Hooley's Supermarket 405 E. MYrtle St. Stillwater Country Club 1421 No. Fourth St. Stillwater Lodge #179 B.P.O. Elks 279 E. Myrtle St. Renewal Renewal Renewal Cigarette Licenses Renewal Renewal The Freight House, Inc. 302 So. Water St. Renewal Erickson Post, Inc. 2500 Orleans St. W. Renewal r Food-n-Fuel 1101 No. Owens St. Renewal Madcapper Saloon, Inc. 224 So. Main St. Renewal Hooley's Supermarket 405 E. MYrtle St. Renewal J. W. Harbor Bar 517 So. Ownes St. Renewal R. & R. Li quor 1971 So. Greeley St. Brooks Food Market #26 2289 Croixwood Blvd. Renewal Renewal Cub Foods 2001 Washington Ave. No. Renewal Kinsel's, Inc. 119 E. Chestnut St. Renewal n 8 ~ r n Stillwater City Council Minutes November 19, 1991 Regular Meeting Tom Thumb Store #283 1905 So. Greeley St. Tom Thumb Store #219 2601 Orleans St. W. Renewal Renewal American Legion Post #48 241 So. Main St. Renewal South Hill Liquor Store 117 W. Churchill St. Renewal John's 8ar 302 So. Main St. Renewal Meister's Bar & Grill 902 So. Fourth St. Renewal St. Croix Drug 132 So. Main St. Renewal Vittorio's P.O. Box 437 Renewal 3. Submission of fOllowin~ claims: a. Sewer back-up at 2 47 Hawthorne Lane b. Flooded basement at 216 W. Wilkin St. c. Damage to car in Municipal Parking Lot on 2nd & Olive Street. Set Public Hearin~ date of Dec. 3, 1991 for the following Planning Cases: a. Case No. Sup/g -55 - Speclal Use Permlt to malntaln a cougar (undomesticated animal) on a residential property within the City of Stillwater, located at 1251 W. Orleans St. in the RA, Single-Family Residential Dist., Richard Sowers, Applicant. b. Case No. V/91-51 - Variance to the sideyard setback requirements for construction of a garage on a corner lot (30 ft. required, 17 ft. requested) & to the size requirements for an accessory structure (1,000 ft. required, 1,008 ft. proposed) at 317 No. Owens St. in the RB, Two-Family Residential Dist., Donald Hill, Applicant. c. Case No. V/91-50; V/91-53 - A continuation of two Variances for the placement of a pylon sign & a free-standing sign at 110 So. Greeley St., located in the RB, Two-Family Residential Dist., Melissa Johnson & Heidi Rosebud, Applicants. d. Case No. SUB/91-57 - Minor Subdivision, 10 ft. by 135 ft. of Lot 13, Block II, to Lot 14, Block 11 of Churchill, Nelson & Slaughter's Add. 4. 9 r Stillwater City Council Minutes November 19, 1991 Regular Meeting located at 1020 So.Fifth St. in the RB, Two-Family Residential Dist., Dennis & Marge Galowitz, Applicants. e. Case No. PUD/91-58 - Planned Unit Development for the construction of two duplex units (four single-family units with zero sideyard setbacks) located at 310 No; Second St. in the RB, Two-Family Residential Dist., Downtown Plan area, BARK Properties, Applicant. f. Case No. SUB/91-60 - Resubdivision of three lots of 25,984 sq. ft. into four residential lots of 5,835, 5,232, 4,799, 4,799 and common area of 5,319 sq. ft. at 310 No. Second St. in the Duplex Residential Dist., BARK Properties, Applicant. g. Case No. SUP/V/91-59 - Special Use Permit & Variance for the construction of a multi-purpose addition to St. Mary's Church with a street sideyard setback of 21 ft. (30 ft. required) located at 407 So. Fifth St. in the RB, Two-Family Residential Dist., Richard N. Olsen & Richard L. Huelsmann, Applicants. r' COUNCIL REQUEST ITEMS Cable T.V. Public Hearing on November 20, 1991 Councllmember BodloV1Ck reported that a publlC hearing will be held at the Oak Park Heights City Hall on November 20, 1991 on transfer of control of King Video Cable Co. Change Name of 61st Street to Shelton Drive Motion by Councllmember Funke, seconded by Councilmember Farrell to adopt the appropriate resolution renaming 61st St. Shelton Dr., from Greeley St. easterly approximately 2,100 ft. to it terminus at the corporate limits of the City of Stillwater, in honor of Jack Shelton, former Public Works Director for the City. (Resolution No. 91-230) Ayes - Councilmember Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None STAFF REPORTS (Continued) City Clerk 1992 Board of Review Council concurred with the dates set by the Washington Co. Assessor's Office -- Wed., April 15 and Tues., May 5, for the 1992 Board of Review for the City of Stillwater. Ratification of Council Poll on Nov. 15, 1991 Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to ratify the Council poll of Nov. 15, 1991, setting a Special Meeting at 4:30 P.M. for November 19, 1991, to discuss a utility bill problem for Arnold Jirik. (All in favor). Parks Dept. r 10 r Stillwater City Council Minutes November 19, 1991 Regular Meeting Purchase of Capital Outlay Items Motion by Counc1lmember Bodlovick, seconded by Councilmember Funke to approve the purchase of various Capital Outlay items for the Parks Dept. (All in favor) . City Attorney Appeals to s~ecial Assessments for Downtown Project Motion by Counci member Bodlovick, seconded by Councilmember Funke to direct the City Attorney to take care of the appeals to the District Court regarding special assessments for the Downtown project from The New Stillwater Project, Dock Cafe Corp. and Maple Island, Inc. (All in favor). COMMUNICATIONS/REQUESTS I. John Clawson, Ch1sago Co. Historical Society - Regarding proposed St. Cro1x Valley Her1ta~e Center. Counc1l took note 0 th1S communication. r Rep. Gerry Sikorski - Regardin~ Federal Funding for the Levee Wall. Council noted the letter from en. Sikorsk1 to Col. Richard W. Cra1g, U.S. A~ Corps of Engineers, regarding the request for these funds. Timothy Olson, Adjuster for GAB regarding Claim from Stella Casanova Counc1l noted the correspondence regarding settlement of th1S claim. Walter D. Flesner, First United Methodist Church Council noted the celebration announced 1n honor of the completion of the church building project. STAFF REPORTS (continued) Consult1ng Engineer Update on Downtown Project Mr. Moore explained that Johnson Brothers Construction has requested an extension of time on the project from Nov. 15, 1991 to July 31, 1992 for substantial completion and from Nov. 30, 1991 to August 15, 1992 for final completion and also suspension of work for the winter. Council stated they would respond to these requests at a Special Meeting set for November 26, 1991, in City Hall, at 4:30 P.M. Mr. Moore went on to explain the substantiation for Johnson Brothers Corp. requests. He added that Council should stipulate items that the contractor should get reaqy for winter and added that they also have to maintain the project. They will keep on with lighting and wall work. Summary of Chan~ Orders & Supplemental Agreements Motion by Councilme er Opheim, seconded by Councilmember Funke to approve Supplemental Agreement No.2, adding pavers, in the amount of $120,487.50. (All in favor). 1""1 , 11 r Stillwater City Council Minutes November 19, 1991 Regular Meeting Motion by Councilmember Funke, seconded by Councilmember Farrell to approve Supplemental Agreement No.4, Catch Basin on Elm St., in the amount of $4,147.46. (All in favor). Motion by Councilmember Funke, seconded by Councilmember Farrell to approve Supplemental Agreement No.5, electrical connection on Mulberry St., in the amount of $1,583.76. (All in favor). Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve Supplemental Agreement No.6, Sewer Lining on Third, Olive & Nelson Streets, in the amount of $222,896.90. (All in favor). Motion by Councilmember Opheim, seconded by Councilmember Funke to approve Change Order No.3, adding 23 Storm Stubs, in the amount of $13,800.00. (All in favor). Motion by Councilmember Funke, seconded by Councilmember Bodlovick to approve Change Order No.4, adding 34 Fire Service Stubs, in the amount of $51,400.00. (All in favor). r Motion by Councilmember Farrell, seconded by Councilmember Bodlovick, to approve Change Order No.8, verifying lighting count per Staff wattage change, in the amount of $3,500.00. (All in favor). Motion by Councilmember Opheim, seconded by Councilmember Funke to approve Change Order No. 10, deleting Third, Olive & Nelson Street repair & sanitary sewer reconstruct, in the amount of $131,836.00. (All in favor). City Attorney Magnuson will draft a one-page legal brief on the wnole issue of changed conditions in the contract which will be distributed at the Thursday Construction Meeting. ADJOURNMENT Motlon by Councilmember Farrell, seconded by Councilmember Funke to adjourn the meeting to Executive Session at 9:28 P.M. (All in favor). ATTEST: ~~ II ~ 1 A-A7c L RK~ ('1 12 r Stillwater City Council Minutes November 19, 1991 Regular Meeting Resolutions: No. 91-224 - Directing Payment of Bills. No. 91-225 - Adopting Final Budget for 1992. No. 91-226 - Adopting Final Tax Levy for 1992. No. 91-227 - Adopting 1992 Capital Outlay Budget. No. 91-228 - Approving McGladry & Pullan for 1991 Audit. No. 91-229 - Approve Sharing of Janitorial Services with Library. No. 91-230 - Renaming 61st St. to Shelton Dr. r n 13