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HomeMy WebLinkAbout1993-01-05 CC MIN / . REGULAR MEETING CALL TO ORDER INVOCATION ROLL CALL AGENDA STILLWATER CITY COUNCIL January 5, 1993 (" 7:00 P.M. APPROVAL OF MINUTES - Regular & Recessed Meetings - December I, 1992 Regular Meeting - December IS, 1992 UNFINISHED BUSINESS 1. Appointment of Mayor Pro-Tempore. ADJOURNMENT OATH OF OFFICE FOR NEWLY ELECTED MEMBERS OF THE COUNCIL CALL TO ORDER ROLL CALL SPECIAL ORDER OF BUSINESS ~ 1. Appointment of Mayor for Council. INDIVIDUALS, DELEGATIONS AND COMMENDATIONS STAFF REPORTS PUBLIC HEARINGS 1. This 1S the day and time for the Public Hearing to consider a Special Use Permit & Variance to the Bed & Breakfast Ordinance for a fifth Bed & Breakfast room in an adjacent carriage house (as conditioned by the St i llwater City Council on Jan. 7, 1992), located at 807 S. Harri et St. in the RB, Two-Family Residential Dist., Case No. V/SUP/91-62, Truett & Jill Lawson, Applicants. Notice of the hearing was published in The Courier on December 24, 1992 and mailed to affected property owners. 2. This is the day and time for the continuation of a Public Hearing to consider a Parking Review for an office use (approximately 200 employees) in the east wing of the present Jr. High School, 110 E. Pine St. located in the PA, Public Admin./Office Dist., Case No. PR/92-57, CUB Foods, Appl icant. Notice of the hearing was publ ished in The Courier on November 19, 1992 and mailed to affected property owners. 3. This is the day and time for the Public Hearing to consider a Street Vacation for a 50 ft. section of Meadowlark Dr. between N. Sherburne St. r. 1 ; . ('\ and S. Center St. in the RB, Two-Family Residential Dist., Case No. SV/92-58, Madeline S. Connelly, Applicant. Notice of the hearing was published in The Courier on December 24, 1992 and mailed to affected property owners. 4. This is the day and time for the Public Hearing to consider a Variance to the Sideyard setback requirement (10 ft. required, 8.75 ft. requested) &a modification to a Special Use Permit intensifying a retail use at 320 N. Fourth St. in the RB, Two-Family Residential Dist., Case No. V/SUP/92-59, Thomas M. Loome, Applicant. Notice of the hearin9 was published in The Courier on December 24, 1992 and mailed to affected property owners. UNFINISHED BUSINESS 1. Possible second reading of Ordinance amending the Building Code by requiring guards on exhaust pipes less than 72 inches off the ground. 2. Historic Context Study Grants. NEW BUSINESS 1. Appointment of Vice President for Council. 2. Resolution designating Legal City Newspaper for 1993. 3. Resolution designating Depositories for 1993. 4. Requests from Sesquicentennial Committee for funding and use of Lowell Pk. ~I & Water St. for various events on January 16. ~._- PETITIONS, INDIVIDUALS & DELEGATIONS (continued) CONSENT AGENDA 1. Resolution Directing Payment of Bills (Resolution No. 93-1). 2. Applications (list to be supplied at meetin9) COUNCIL REQUEST ITEMS STAFF REPORTS (continued) COMMUNICATIONS/FYI 1. LMC - 1993 Conference for Newly Elected Officials. ADJOURNMENT n 2 l' REGULAR MEETING STILLWATER CITY COUNCIL MINUTES January 5, 1993 7:00 P.M. The Meeting was called to order by Council Vice President Opheim. Present: Councilmembers Bodlovick, Farrell, Funke, and Opheim. Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon Consultin9 Engineer Moore Comm. Dev. Director Russell City Planner Pun9-Terwedo Planning Comm. Chair Fontaine Public Works Director Junker Police Chief Beberg Fire Chief Seim Building Official Zepper City Clerk Johnson Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette John Gilstrom, Stillwater Gazette Kim Zeuli, St. Croix Valley Press Jim Broede, St. Paul Pioneer Press Ann Cummings & family, Mr. & Mrs. Charles Hooley, Marguerite Rheinberger, Gene Bealka, Mrs. Casanova, Mr. & Mrs. Ron Anderson, Maureen Farrell, Jelle DeBoef, Harry Peterson, Wally Abrahamson, Gary Opheim. Jack Dielentheis, Kirk Roetman, Art Palmer, D. Sullivan, Mr. & Mrs. Jim Junker, Tom Lillesvie, Mark Balay, Jim McKinney, Chuck Dougherty, Dick Olsen, John Ogren, Ed Cain, Bob Utecht, R. Kilty, George Johnson, Mike Mahoney, Don Valsvik, Neal Casey. r Others: APPROVAL OF MINUTES Motion by Councilmember Funke, seconded by Councilmember Farrell to approve the minutes of the Regular & Recessed Meetings of December 1, 1992 and Regular Meeting of December 15, 1992 as presented. (All in favor). UNFINISHED BUSINESS 1. A~pointment of Mayor Pro-Tempore. Clty Coordinator Kriesel reported that this item would be acted upon after the installation of the new Council. It was noted that a Mayor Pro Tempore is required because Mayor Wally Abrahamson was elected to the Washington Co. Board and has vacated the office of Mayor. r 1 n n n Stillwater City Council Minutes Jan uary 5, 1993 Regul ar Meeting Outgoing Councilmembers Opheim and Farrell thanked the citizens and City Staff for support during their terms on the Council. City Coordinator Kriesel presented former Mayor Abrahamson and Councilmembers Farrell and Opheim with an appropriate memento honoring their service to the City of Stillwater. ADJOURNMENT Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adjourn the meeting at 7:15 P.M. (All in favor). ATTEST: (I!~1k~~ flAJu ~~ ?n CLERK 2 r ADJOURNED MEETING STILLWATER CITY COUNCIL MINUTES January 5, 1993 7:30 P.M. Present: Councilmembers Bodlovick, Cummings, Funke, and Kimble. Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon Consulting En9ineer Moore Comm. Dev. Director Russell City Planner Pung-Terwedo Planning Comm. Chair Fontaine Public Works Director Junker Police Chief Beberg Fire Chief Seim Building Official Zepper City Clerk Johnson Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette John Gilstrom, Stillwater Gazette Kim Zeuli, St. Croix Valley Press Jim Broede, St. Paul Pioneer Press r Others: Ann Cummings & family, Mr. & Mrs. Charles Hooley, Marguerite Rheinberger, Gene Bealka, Mrs. Casanova, Mr. & Mrs. Ron Anderson, Maureen Farrell, Jelle DeBoef, Harry Peterson, Wally Abrahamson, Gary Opheim. Jack Dielentheis, Kirk Roetman, Art Palmer, D. Sullivan, Mr. & Mrs. Jim Junker, Tom Lillesvie, Mark Balay, Jim McKinney, Chuck Dougherty, Dick Olsen, John Ogren, Ed Cain, Bob Utecht, R. Kilty, George Johnson, Mike Mahoney, Don Valsvik, Neal Casey. OATH OF OFFICE FOR NEWLY ELECTED MEMBERS OF THE COUNCIL The meeting reconvened at 7:30 P.M. and City Clerk Johnson administered the Oath of Office to Councilmembers Elect Cummings and Kimble. to follow in choosing a Motion by Councilmember Funke to appoint Councilmember Cummings as Mayor Pro Tempore. The motion died for lack of a second. r 1 ~ Stillwater City Council Minutes January 5, 1993 Adjourned Meeting Motion by Councilmember Cummings, seconded by Councilmember Funke to appoint Councilmember Kimble as Mayor Pro Tempore to call the meeting to order. (All in favor). Mayor Pro Tempore Kimble called the meeting to order at 7:35 P.M. Present were Councilmembers Bodlovick, Cummings, Funke, and Kimble. Further discussion followed regarding the correct procedures for appointing a Mayor Pro Tempore to lead the meeting during the discussion of appointment of Mayor. Motion by Councilmember Cummings, seconded by Councilmember Bodlovick to appoint Councilmember Kimble as Mayor Pro Tempore until a new Mayor is appointed. (All in favor). City Attorney Magnuson explained that because Stillwater is a Charter City, the Council can appoint a Mayor to replace Mayor Abrahamson. He also stated comments on this appointment can be heard from citizens. n Councilmember Cummings stated the Council should try to appoint a Chief Executive Officer for the City that can make a major impact on the City. Further discussion followed. Jelle OeBoef, 16432 So. 7th St. Ln., Lakeland, asked if there were other nominees. Bob Kimbrel, 724 W. Oak St., asked what the Council has done to determine the appropriate process for determining the qualities for a good mayor. Councilmember Cummings stated he has received favorable comments regarding Mr. Hooley and he has known him through church affiliation. No one else has stated an interest in being Mayor and Mr. Hooley has volunteered. Councilmember Kimble gave some history on previous vacations of Council seats in which a letter of interest was received and then an appointment was made by Council. Motion by Councilmember Cummings, seconded by Councilmember Funke to appoint Charles M. Hooley as Mayor of the City of Stillwater to replace former Mayor Abrahamson. Ayes - 3; Abstain - 1, Councilmember Bodlovick. City Clerk Johnson administered the Oath of Office to Mayor Appointee Charles Hooley. Council recessed at 8:05 in order for congratulations to be received by Mayor Hooley and reconvened at 8:15 P.M. l 2 r- Stillwater City Council Minutes Jan uary 5, 1993 Adjourned Meeting Mayor Hooley stated he was honored to be asked to serve as Mayor of Stillwater and will do his best for the City and will work to foster interest in the business community. Resolutions Honoring former Mayor Abrahamson, and Councilmembers Farrell and Opheim Motion by Councilmember Kimble, seconded by Councilmember Funke to adopt the appropriate resolution honoring former Mayor Abrahamson for his years of service to the City of Stillwater. (Resolution No. 93-3) Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays - None Motion by Councilmember Kimble, seconded by Councilmember Funke to adopt the appropriate resolution honoring former Councilmember Farrell for his years of service to the City of Stillwater. (Resolution No. 93-4) r Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays - None Motion by Councilmember Kimble, seconded by Councilmember Funke to adopt the appropriate resolution honoring former Councilmember Opheim for her years of service to the City of Stillwater. (Resolution No. 93-5) Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays - None INDIVIDUALS, DELEGATIONS AND COMMENDATIONS Ed Cain - Update on Funding for Levee Wall Ed Cain, Legislative Consultant for the City, updated Council on the progress of Federal and State funding for the Levee Wall Project. Application for State Flood Hazard Mitigation Grant for Levee Wall Project. Mr. Russell stated that the City can apply for state grant assistance in the amount of $400,000 to help defray the $800,000 share of the City's costs for this project. Motion by Councilmember Kimble, seconded by Councilmember Funke to approve the application for Flood Hazard Mitigation Grant Assistance and directing Staff to submit said application to the proper State agency. (All in favor). Councilmember Cummings engineering fees. Mr. finally determined and asked whether the original $3.2 million included Russell replied that the engineering has not been that the Corps of Engineers can do the work r , 3 r r l Stillwater City Council Minutes January 5, 1993 Adjourned Meeting themselves or contract for these services. STAFF REPORTS 1. Community Development Director - No report. 2. Finance Director - No report. 3. Fire Chief - No report. 4. Public Works Director - No report. 5. Consulting Engineer - L.I. 291 - Fourth & Hickory Streets Drainage Project Mr. Moore explained that durlng the work on this project, it was determined that rip rap would be needed to place on top of fill to hold it in place. The cost would be approximately $5,000. Motion by Councilmember Funke, seconded by Councilmember Kimble to approve a Change Order for the Hickory & 4th St. Ravine project, in the amount of $5,000 for rip-rap. (All in favor). PUBLIC HEARINGS 1. This is the day and time for the Public Hearing to consider a Special Use Permit & Variance to the Bed & Breakfast Ordinance for a fifth Bed & Breakfast room in an adjacent carriage house (as conditioned by the Stillwater City Council on Jan. 7, 1992), located at 807 S. Harriet St. in the RB, Two-Family Residential Dist., Case No. V/SUP/91-62, Truett & Jill Lawson, Applicants. Notice of the hearing was published in The Courier on December 24, 1992 and mailed to affected property owners. Mr. Russell explained that the request is to add a fifth room to an existing Bed & Breakfast facility which was approved last year. The fifth room was requested at that time and denied, but the owners were allowed to reapply in one year. Planning Commission Chair Fontaine stated the Planning Commission reviewed the request and there was some concern voiced by neighbors because of the separate dwellings. The Planning Commission approved the request. Truett Lawson, applicant, stated they have had a satisfactory operation and the City has received no negative phone calls. Mike 8onse, 621 W. Churchill St., stated the Lawsons have done a good job and their operation is a good addition to the neighborhood. Mayor Hooley closed the public hearing. 4 r' Stillwater City Council Minutes January 5, 1993 Adjourned Meeting Motion by Councilmember Funke, seconded by Councilmember Kimble to approve a Special Use Permit & Variance to the Bed & Breakfast Ordinance for a fifth Bed & Breakfast room in an adjacent carriage house, as conditioned, located at 807 S. Harriet St. in the RB, Two-Family Residential Dist., Case No. V/SUP/91-62, Truett & Ji 11 Lawson, Appl icants. (All in favor). 2. This is the day and time for the continuation of a Public Hearing to consider a Parking Review for an office use (approximately 200 employees) in the east wing of the present Jr. High School, 110 E. Pine St. located in the PA, Public Admin./Office Dist., Case No. PR/92-57, CUB Foods, Appl icant. Notice of the hearing was published in The Courier on November 19, 1992 and mailed to affected property owners. r Mr. Russell stated this case was scheduled before the City Council previously and the Planning Commission has continued it indefinitely. He recommended the City Council do the same. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to continue indefinitely the Public Hearing to consider a Parking Review for an office use (approximately 200 employees) in the east wing of the present Jr. High School, 110 E. Pine St. located in the PA, Public Admin./Office Dist., Case No. PR/92-57, CUB Foods, App I ican t. (Allin favor). 3. This is the day and time for the Public Hearing to consider a Street Vacation for a 50 ft. section of Meadowlark Dr. between N. Sherburne St. and S. Center St. in the RB, Two-Family Residential Dist., Case No. SV/92-58, Madeline S. Connelly, Applicant. Notice of the hearing was publiShed in The Courier on December 24, 1992 and mailed to affected property owners. Mr. Russell stated this request is for a street vacation of an unimproved right-of-way which is an extension east of Center Street, with the owner willing to grant an extension of an easement to the residents on the east side of the property. The City utility departments reviewed the request and there does not appear to be any utilities in the unimproved road easement. Mr. Fontaine stated the Planning Commission approved the request. Agnes Mowry, 1104 Meadowlark Dr., does not approve of the vacation and stated it has not been examined. There are wetlands there and she is concerned about the water level near her house. David Haak, 504 No. Owens St., stated he never received a notice of the hearing. He also said there was a City sewer that runs through that area r 5 r Stillwater City Council Minutes January 5, 1993 Adjourned Meetin9 and historically, it was part of McKusick Lake. Further discussion included the fact that fill was placed in that area when the sewer separation was done. Motion by Councilmember Funke, seconded by Councilmember Kimble to continue and refer to the Plannin9 Commission, a request for a Street Vacation for a 50 ft. section of Meadowlark Dr. between N. Sherburne St. and S. Center St. in the RB, Two-Family Residential Dist., Case No. SV/92-58, Madeline S. Connelly, Applicant. (All in favor). r 4. This is the day and time for the Public Hearing to consider a Variance to the Sideyard setback requirement (10 ft. required, 8.75 ft. requested) & a modification to a Special Use Permit intensifying a retail use at 320 N. Fourth St. in the RB, Two-Family Residential Dist., Case No. V/SUP/92-59, Thomas M. Loome, Applicant. Notice of the hearing was published in The Courier on December 24, 1992 and mailed to affected property owners. Mr. Russell stated that the request is for construction of an addition to a church at 320 No. Fourth St., which has a retail use in a residential district. Mr. Fontaine stated the Planning Commission approved the request -- there were no negative comments. Mayor Hooley closed the public hearing. Motion by Councilmember Bodlovick, seconded by Councilmember Cummings to approve a Variance to the Sideyard setback requirement (10 ft. required, 8.75 ft. requested) & a modification to a Special Use Permit intensifying a retail use at 320 N. Fourth St. in the RB, Two-Family Residential Dist., as conditioned, Case No. V/SUP/92-59, Thomas M. Loome, Applicant. (All in favor). Councilmember Bodlovick initiated discussion of a discrepancy in the Planning Commission minutes. Mr. Fontaine stated a correction will be made at the next Planning Commission meeting. UNFINISHED BUSINESS 1. Possible second readin~ of Ordinance amending the Building Code by requiring guards on ex aust pipes less than 72 inches off the ground. Motion by Councilmember Kimble, seconded by Councilmember Funke to continue the second reading of an ordinance amending the Building Code by requirin9 guards on exhaust pipes less than 72 inches off the ground. (All in favor). 2. Historic Context Study Grants. Motion by Councilmember Kimble, seconded by Councilmember Funke to issue a special thank you to Rivertown Restoration for the 9rant of $1,200 for support of the Historic Context Study. (All in favor). r 6 r Stillwater City Council Minutes January 5, 1993 Adjourned Meeting Council discussed the procedure that has been followed in the past -- that being that each Councilmember has a turn. Councilmember Bodlovick noted that it is Councilmember Funke's turn to serve as Council Vice President. Motion by Councilmember Kimble, seconded by Councilmember Cummings to appoint Councilmember Funke as Vice President of the Council for 1993. (All in favor). 2. the r Mike Mahoney, Stillwater Gazette, distributed a handout comparing the Gazette and Courier newspaper bids, with measurements and calculations showin9 the Gazette bid to be the lowest. Extensive discussion followed, which included a statement by the City Attorney that the request of the bid specifications was to provide the City with a fee for publication of the sample notice only. It was noted that the Gazette has a larger circulation than either of the two other newspapers and it is a daily, although it was also noted this can't be considered as long as the papers are legal newspapers. Julie Kink, reporter for the Stillwater Courier, stated an explanation of distribution figures could be obtained from Bob Liberty, publisher of the Courier. Kim Zeuli, reporter for the St. Croix Valley Press, stated circulation figures for that newspaper are 3,892. Motion by Councilmember Funke, seconded by Councilmember Cummings to adopt the appropriate resolution designating the Stillwater Gazette as the City's legal newspaper for the year, 1993. (Resolution No. 93-7) Ayes - Councilmembers Cummings, Funke and Mayor Hooley. Nays - Councilmembers Bodlovick and Kimble. 3. Designation of Depositories for 1993. r 7 ! Stillwater City Council Minutes January 5, 1993 Adjourned Meeting Motion by Councilmember Funke, seconded by Councilmember Cummings to adopt the appropriate resolution designating Depositories for 1993, with the name of Cosmopolitan Bank changed to Central Bank. (Resolution No. 93-2) Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays - None 4. Requests from Sesquicentennial Committee for funding and use of Lowell Pk. & Water St. for various events on January 16. Motion by Councilmember Funke, seconded by Councilmember Kimble to approve the the listing of expenditures, in the amount of $410.00, for the opening Sesquicentennial Ceremony on January 16, 1993; the use of Lowell Park for an ice cream social following the ceremony; and the use of Water St. behind the Brines Restaurant for a Bocce Ball tournament. (All in favor). CONSENT AGENDA Motion by Councilmember Funke, seconded by Councilmember Kimble to approve the Consent Agenda of January 5, 1993 including the following: (All in favor). 1. Directin Pa ent of Bills (Resolution No. 93-1). Ayes - Councllmem ers Bo OV1C, Cummln9s, un e, Klmble and Mayor Hooley. Nays - None r 2. The following Contractors Li cen ses: Penn Contracting, Inc. Outside Sewer & New 1697 Peltier Lake Drive Water Connections Centerville, Mn. 55038 Scenic Sign Corp. Sign Erection Renewa 1 828 So. Fifth St. Sauk Rapids, Mn. 56379 COUNCIL REQUEST ITEMS Discussion of Policy for Street Vacations Council discussed requiring notification of persons within 300 ft. of a proposed street vacation. Motion by Councilmember Kimble, seconded by Councilmember Funke to adopt a policy to notify residents within 300 ft. of a requested street vacation. (A 11 1n favor). STAFF REPORTS (continued) City Clerk - Attendance of City Employees at Munici-Pals Winter Workshop. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to approve the request to send approximately six City employees to the Munici-Pals Winter r 8 (" Stillwater City Council Minutes January 5, 1993 Adjourned Meeting Workshop on the St. Paul Campus of the University at a cost of $30.00 per person. (All in favor). Use of Council Chambers by Stillwater Township on March 9 1993. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to approve the use of the City Hall Council Chambers on March 9, 1993, 8:30 P.M. for the Sti llwater Township annual meeting. (All in favor). City Coordinator - Special Meetin~ on Discussion of Solid Waste Issues. Council set a pecial Meeting for Tuesday, January 12, 1993 at 4:30 P.M. to discuss solid waste issues. for n Designation of City Planner Pung-Terwedo as a Full-Time Employee Mr. Kriesel stated that during the budgetary process the Council approved a full-time position for City Planner Ann Pung-Terwedo and a resolution is required for that designation. Discussion followed regarding continuing this item to a future meeting. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt the appropriate resolution designating City Planner Pung-Terwedo as a full-time employee. (Resolution No. 93-6) Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays - None City Attorney - Corrective Easement - Diane M. Pearson Mr. Magnuson explained the need for correction to this easement dating from 1912. He further stated the correction would make the title to this 1 and marketable. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to adopt the appropriate resolution approving the Corrective Easement for Diane M. Pearson in the vicinity of So. First St., E. Churchill St. and Sixth Ave. So. (Resolution No. 93-8) Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays - None COMMUNICATIONS/FYI r 9 (' r: c Stillwater City Council Minutes January 5, 1993 Adjourned Meeting 1. LMC - 1993 Conference for Newly Elected Officials. Council took note of this conference. ADJOURNMENT Motion by Counci1member Funke, seconded by Counci1member Kimble to adjourn the meeti ng at 10: 15 P.M. (A 11 in favor). (J~~-=~ MAYO ATTEST: 'J;;ul~ Resolutions: No. 93-1 - Directing Payment of Bills. No. 93-2 - Designation of Depositories. No. 93-3 - Commending Mayor Abrahamson. No. 93-4 - Commending Counci1member Farrell. No. 93-5 - Commending Counci1member Opheim. No. 93-6 - Designating City Planner Pung-Terwedo as Full-Time Employee. No. 93-7 - Designating the Stillwater Gazette as the 1993 Legal Newspaper. No. 93-8 - Corrective Easement for Diane M. Pearson. 10