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HomeMy WebLinkAbout1990-04-17 CC MIN r REGULAR MEETING STILLWATER CITY COUNCIL MINUTES April 17, 1990 7:00 P.M. The Meeting was called to order by Mayor Abrahamson. City Coordinator Kriesel City Attorney Magnuson Public Works Director Junker Comm. Dev. Director Russell Consulting Engineer Moore Parks Director Blekum Manager McKean, Water Board City Clerk Johnson Sharon Baker, The Courier Mike Marsnik, Stillwater Gazette Julie Kink, St.Croix Valley Press Ron Johnson, Doug Lacher, Denny Sullivan, Jennifer Tschumper, Paul Westmoreland, Rodney Nord, Donald Martin, Don Madsen, Allen Olsen, Steve Salomenson, Sara Schmidt, Mike Dalkey, Judith Hilbur, Barney Brown, Jack Johnson, Charley Brown, Ralph Nagel, Nora Mariana, Jeff Meyer, Art Newt, Tony Magee, Polly Webster. APPROVAL OF MINUTES Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to approve the Minutes of the Regular Meeting of March 20, 1990: Special Meeting of March 22, 1990: Special Meeting of March 27, 1990: and Regular & Recessed Meetings of April 3, 1990 as presented. (All in favor). Present: Absent: Also Present: Press: Others: r Councilmembers Bodlovick, Farrell, Opheim and Mayor Abrahamson. Councilmember Kimble INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Jennifer Tschumper (Chamber of Commerce) & Paul Westmoreland (SChool District) - Discussion of OlfmpiC Festival Torch Run, July 3,'199U. Paul Westmoreland, represent ng School District #834, and Jennifer Tschumper, representing the Stillwater Chamber of Commerce, presented an update on the Olympic Festival Torch Run which will be held on July 3, 1990 in Stillwater and terminate in Lowell Park. 2. Jennifer Tschumper - Re2uest for "Beer Permit" for Lowell Park during Lumberjack D~S, JU1, 2 - 29, 199U. . Motion by Counci member odlovick, seconded by Councilmember Farrell to approve the request for a 'Permit to Consume" for Lumberjack Days in Lowell r 1 ~ Stillwater City Council Minutes Regular Meeting April 17, 1990 Park from July 26 - 29, 1990 and Pioneer Park on July 29, 1990. (All in favor). STAFF REPORTS 1. Public Works Director Purchase of Paint spr~er & Chipper for Citt Dum~ Motion by Councilmember Bo lovick, seconded by ounc lmember Farrell to authorize the purchase of a paint sprayer and chipper for the -Public Works Dept. (All in favor). Mr. Junker explained the chipper will be used at the dump by Junker Sanitation. City Attorney Magnuson will draft an agreement for its use by Junker Sanitation and they will provide the City a Certificate of Insurance. r 2. Parks Director - Antique Wooden Boat Show Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to authorize the request of Carmen Craig to hold an antique wooden boat show in Lowell Park on July 14 & 15 after all permits are obtained. (All in favor). 3. Community Development Director - Heritage Preservation Commission Motion by Councilmember Farrell, seconded by Councilmember Opheim to authorize four persons from the Heritage Preservation Commission to attend a workshop on April 21 at a cost of $12.00 per person. (All in favor). ~aration for Spring Clean-up Motion-by Councilmember Bodlovick, seconded by Councilmember Farrell to authorize the expenditure of approximately $500 for the Spring Clean-up on May 5, 1990. (All in favor). Downtown Plan Action Committee Hearing Mr. Russell announced that the Downtown Plan Action Committee will hold a public hearing on the Capital Improvements program for the Downtown on April 24, 1990 at 7:00 P.M. in the City Hall Council Chambers. 4. Ayes - Councilmembers Bodlovick, Farrell, Opheim and Mayor Abrahamson. Nays - None r 2 ~ r r Stillwater City Council Minutes Regular Meeting April 17, 1990 PUBLIC HEARINGS 1.. This is the day and time for the continuation of the Public Hearing on the Variance to the Parking Ordinance for expansion of a restaurant/takeout business at 826 So. 4th St. in the CA, General Comm. Dist. Donald Istel, Applicant, Case No. V/90-15 Notice of the hearing was published in The Courier on March 22, 1990 and copies were mailed to affected property owners. Mr. Russell addressed the project description and the parking demands for the proposed restaurant. The neighbors to the north of the facility were concerned about the exhaust fan noise. It was recommended that the employees park in the rear and the fan be relocated to the roof of the building. Mayor Abrahamson closed the public hearing. Motion by Councilmember Farrell, seconded by Councilmember Bodlovick, to approve the Variance to the Parking Ordinance for expansion of a restaurant/takeout business as conditioned, adding the conditions that the fan be moved to the roof and there be employee parking in the rear of the building at 826 So. 4th St. in the CA, General Comm. Dist. Donald Istel, Applicant, Case No. V/90-15. (All in favor). 2. This is the day and time for the public hearing on L.I. No. 254, the making of an improvement consisting of sanitary sewer repair, water services, drainage, street construction and appurtenances located on W. Mulberry St., between the easterly line of No. Owens St. & the westerly line of No. Fourth St.: No. Sherburne St., between the northerly line of W. MYrtle St; and the southerly line of Linden St.: and No. William St., between the northerly line of W. MYrtle St. and the southerly line of Mulberry St. Notice of the hearing was published in The Courier on AprilS and April 12, 1990 and mailed to affected property owners. Mr. Moore presented a summary of the project, stating th~ total cost is estimated at $1,062,688, with a total assessable cost of $489,063.14 after MSA and Water Board participation. The estimated street assessment is $73.53/assesslble foot. He stated the sewers have been televised and they indicate some damage which needs repair. Construction could begin approximately the middle of June and be completed in October of this year. Rodney Nord, 235 No. William St., stated concerns about the amount of heavy traffic, such as school buses and semi-trailers visiting the Valley Co-op on William St., thus destroying the street. Mr. Moore stated the street will be constructed to bear this load. 3 ~ Stillwater City Council Minutes Regular Meeting April 17, 1990 Donald Martin, 718 W. ~rtle St., stated William St. was reconstructed less than 20 years ago, but seal coated only once. All that needs to be done is to replace the damaged sewer. Don Madsen, 202 No. Sherburne St., stated there is only one block on Sherburne that is bad and that part is the curb. The projected cost is too high. r Allen Olsen, 118 No. Sherburne, stated the street is basically in good shape -- there are only two or three curb areas that need repair. Doug Lacher, 106 No. Sherburne, agreed with his neighbors. They have had no trouble through rainstorms, no flooding, etc. All that is needed is some patchwork. Steve Solomonsen, 802 W. Mulberry, stated they just received a stop sign to slow traffic and now it is proposed to widen the street and make it a speedway. They cannot afford the cost. Sara Schmidt, 114 No. Sherburne, stated she is paying taxes for schools, even though she does not have children, and will need a second job to pay the assessments. The street is fine, whY mess with it? Mike Dalkey, 303 No. Sherburne, stated he only has one source of income and cannot afford the assessments. He feels the problems are not as extensive as stated -- take care of the minor problems. Judith Hilbur, 214 No. William St., also stated she cannot afford the assessments: also No. William St. is a bus line and carries excessive loads which make the street deteriorate. Barney Brown, 303 No. Greeley St., stated the majority of people are not in favor of the project, the streets are the best in town -- there is nothing about this project that sounds right and it is a ripoff. Jack Johnson, owner of property at 123 No. William St., stated he has income property which is non-homesteaded. He added he cannot afford all the taxes that are coming -- school, county~ etc. He does not think the project should be this extensive. Also, he questioned whY the people on Third St. paid only half the cost of this proposed project. Thirty-five dollars a foot may be more palatable to the residents affected and there should be a city fund to take care of these excessive costs. Mr. Nord, stated a complaint regarding snowplowing. r 4 ~ Stillwater City Council Minutes Regular Meeting April 17, 1990 Mr. Lacher stated his property value will go up and he will have to sell it at a higher price to offset the assessments. Ron Johnson, 728 W. Mulberry St., asked whether any nice shade trees will be taken down. Mr. Moore replied there are no plans to remove trees. Charley Brown, 303 No. Greeley St., asked if it would help their cause to start a petition. Ralph Nagel, 229 No. William St., expressed concern about the proposed width of William St., saying it is difficult to back out of his driveway and not hit another car. r Nora Mariana, 804 W. ~rtle St., representing Gary Mariana, asked who pays for the 100 ft. of sewer that needs repair and the Council informed her that those persons benefiting from the sewer would pay. A man, 219 Sherburne St., inquired what the assessment rate would be and how many years they would have to pay. Mr. Kriesel replied this has not been established yet, but in the past it has been ten years at 8~. Jeff Meyer, 513 Mulberry St., inquired about repair of the existing sewer lines. He stated he can hear the neighbor's toilet flushing in his house. Rodney Nord asked if this improvement will raise the tax base of his house. In addition to paying the assessment, his taxes would also go up. Art Noot, 817 W. Mulberry said it sounds like a bad plan to him and will do damage to many people. Toni Magee, 1127 W. Mulberry St., asked why she is being assessed if her end of the street is not being reconstructed. A man at 115 No. William St. asked what would happen to his new sidewalk. Mr. Moore replied that possibly this sidewalk could be left in. Polly Webster, 233 No. Harriet, asked if it was possible to reconstruct only Mulberry St. Mayor Abrahamson closed the public hearing. Council and Staff discussion followed, including such items such as how long the project could be delayed before big problems would occur, how MSA stipulations and monies are allotted, and delaying the project until after study of the pavement management program and development of an assessment policy. r 5 ~ Stillwater City Council Minutes Regular Meeting April 17, 1990 Motion by Councilmember Farrell, seconded by Councilmember Bodlovick, to continue the public hearing for L.r. 254, for sanitary sewer repair, water services, drainage, street construction and appurtenances located on W. Mulberry St., between the easterly line of No. Owens St. & the westerly line of No. Fourth St.: No. Sherburne St., between the northerly line of W. Myrtle St. and the southerly line of Linden St.; and No. William St., between the northerly line of W. ~rtle St. and the southerly line of Mulberry St. until such time as the City establishes an assessment policy. (All in favor.) Council recessed for ten minutes and reconvened at 8:55 P.M. Ayes - Councilmembers Bodlovick, Farrell, Opheim and Mayor Abrahamson. Nays - None CONSENT AGENDA ~ . Banner for ~rii& Clean-up t Motion by Counc me er BOdlovick, seconded by Councilmember Farrell to approve the request of Co... Dev. Director Russell to hang a banner advertising the Spring Clean-up on Chestnut St. and Main & Myrtle Steets. by April 21, 1990: and correcting Item No. 6 on the Consent Agenda -- allowing St. Michael's Church to hang their banner on May 7, 1990. (All in favor). Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve the Consent Agenda of April 17, 1990, including the following: (All in favor). 1. Directin~ p~nt of Bills. (Resolution No. 8272) Ayes- Counc lme ers Bodlovick, Farrell, Opheim and Mayor Abrahamson. Nays - None 2. The fOllowing Contractors License: All Remodeling General Contractor New 1049 Goodrich St. Paul, Mn. 55106 Bruggeman Construction Co. 3564 Rolling View Dr. White Bear Lake, Mo. 55110 General Contractor New r 6 Geo.W. Olsen Const. Co, Inc. 1902 So. Greeley St., Box 20 Stillwater, Mn. 55082 Valley Custom Homes P.O. Box 686 St. Croix Fall, Wi 54024 3. Gambling License Renewal - Elks Lodge 179. ~ Stillwater City Council Minutes Regular Meeting April 17, 1990 P.C. Collova Builders, Inc. 12575 Keller Ave. Hugo, Mn. 55038 Croixland Excavating 10003 Mendel Rd. No. Stillwater, Mn. 55082 R. Hagstrom, Builder, Inc. 3394 Lake Elmo Ave. No. Lake Elmo, Mn. 55042 Manor Concrete, Inc. 12001 E. French Lk. Rd. Dayton, Mn. 55327 r General Contractor Renewal Excavators Renewal General Contractor Renewal Masonry & Brick Work New General Contractor Renewal General Contractor New 4. Permit to Consume - St. Michael's Church Festival, May 20, 1990. 5. One-day Gambling License - St. Michael's Church Festival, May 20,1990. 6. Request to hang banner on Chestnut & Union Streets, May 1 - May 21 - St. Michael's Church Festival. - 7. Set Public Hearing Date of May 1, 1990 for the following Planning Cases: a. CASE NO. DR/90-1 - Desi~n Review Permit for the renovation of a storefront at Sherburne s Jewelry store at 210 South Main Street in the CBD, Central Business District. Sherburne's Jewelry, Applicant. b. CASE NO. SUP/90-17 - Special Use Permit to conduct small group tours, small bus1ness meetings, and small weddings at the William Sauntry Bed and Breakfast, 626 North Fourth Street, in the RB, Two Family Residential District. Duane and Martha Hubbs, Applicants. c. CASE NO. V/90-19 - Variance to the front yard setback requirements (twenty f1ve feet requested, thirty feet required) for the construction of a garage addition at 1124 Parkwood Lane in the RA, Single Family Residential District. Dave Wid~er, Applicant. 7 r " Stillwater City Council Minutes Regular Meeting Apri 1 17, 1990 d. CASE NO. SY/90-21 - A street vacation for the east portion of Holcombe Street between Ramsey and ~rtle Streets in the RB, Two Family Residential District. Ande and Muriel Hassis, Applicants; COUNCIL RE~UEST ITEMS Brick ond Mayor Abrahamson initiated discussion regarding the level of Brick Pond. Mr. Moore explained there is a culvert across Greeley that controls the level of the pond. No action was taken. Addendum to Joint Cable Comm. Operating & Capital Expenditure Budget, 1990 Councilmember BodloV1Ck drew Council's attention to {he letter explaining the expenditure for a consultant to develop a long-range business plan for communi~ access. No action was taken. (" 2. Joint Cable Commission - Payment for Consultant, development of long-range business plan. Th1S item was discussed under "Council Request Items". . . 3. Stillwater-Houlton River Crossing Draft Environmental Impact Statement. Motion by Councilmember Ophelm, seconded by Councilmember Farrell directing Staff to prepare written comment on the Stillwater-Houlton River Crossing draft Environmental Impact Statement to be reviewed-by the City Council before presentation to MnDOT. (All in favor). STAFF REPORTS (Continued) consulting'En~ineer Brick Street ift Station Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to approve the request from Consulting Engineer Moore to install a submersible pump in the Brick St. Lift Station. (All in favor). Aiple's Lift Station Mr. Moore stated thlS lift station was constructed thir~ years ago and has some major problems. He will review the needs of this item and present them to Council at a future date. r 8 (' r r Stillwater City Council Minutes Regular Meeting April 17, 1990 Cit~ Coordinator Natlonal Guard Armor~ Mr. Kriesel announce that site visits will be made to Brainerd and Albert Lea to view their new Armories. The tentative dates are May 22 and May 29. ADJOURNMENT Mot1on by Councilmember Bodlovick, seconded by Councilmember Farrell to adjourn the meeting to Executive Session at 9:15 P.M. (All in favor). resolutions: No. 8272 - Directing Payment of Bills. No. 8273 - Feasibility Study for L.I. 263 - Mulberry St. between Main & Water Sts. No. 8274 - Award of Bid for L.I. 256 - Cottages of Stillwater Lift Station. ~d:~ ATTEST'~~~ 9 REO:IIlD OF EXEUlT.lyt; SESSIOIl Date convened: ruesday, April 11, 1990 Time convened: 9:1S p.m. T;meadjournGd: 10:00 p.m. Members present: Hodlovick,Opheim,I"arrellandMayorAbrahaJllson Members absent: Councilmember Kimble Also present: C1ty Coordinator Kriesel, City Attorney Magnuson Purpose of lixecutive ~e~sion: coordinator's proposal) and to Case. ~o discuss Fire Association negotiations (city discuss potential litigation regarding Rousseau Action tilken: Moved to accept City Coordinator's proposal. Directed City Attoncy t.o me"'. "iLh I)NR La resolve disagreement over regulatory policy and interpretation. Attest: :::!j[-e// l- (tL~wcP cLtyCoordlnator