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Home My WebLink About1993-03-02 CC MIN r REGULAR MEETING STILLWATER CITY COUNCIL MINUTES March 2, 1993 4:30 P.M. The Meeting was called to order by Mayor Hooley. Present: Councilmembers Bodlovick, Cummin9s (arrived at 4:45 P.M.), Funke, Kimble and Mayor Hooley. None Absent: Also Present: Press: City Coordinator Kriesel City Attorney Thole Finance Director Deblon Consulting Engineer Moore Comm. Dev. Director Russell Public Works Director Junker Police Chief Beberg Building Official Zepper City Clerk Johnson Julie Kink, The Courier Mike Marsnik, Stillwater Gazette None Others: r STAFF REPORTS 1. Consultln~ Engineer - ~onstructlon of Pedestrian Ramps by Mn/DOT Consulting Engineer Moore reported on the proposed construction of pedestrian ramps on Minn. State Aid streets by the Minn. Dept. of Transportation. Project as sent notlce t a 25.4% of the storm for State Aid. (Councilmember Cummings arrived at 4:45 P.M.) 2. Finance Director - Report on 1993 State Aid Cuts Finance Director Deblon reported on the proposed 1993 State Aid cuts, for the City of Stillwater in the amount of $31,133, and the direct impact it would have on the City's budget. 3. Police Chief ~urchase Re9uest - Two Squad Cars Motion by Councllmember Funke, seconded by Councilmember Kimble to delay awarding a quote for purchase of two squad cars and submit specs to other car r 1 r r r Stillwater City Council Minutes March 2, 1993 Regular Meeting dealerships in Washington County. (Ayes - 4; Nays - 1, Councilmember Bodlovick) Motion by Councilmember Funke, seconded by Councilmember Cummings to amend the previous motion by stating that quotes shall be obtained from all car dealers in Washington County, with the same specs being submitted to each car dealer, for the purchase of two squad cars for the Police Dept. (Ayes - 4; Nays - 1, Councilmember Bodlovick). 4. Building Official - Extension of Building Inspector Internship for Jack McGinnis Motion by Councilmember Kimble, seconded by Councilmember Funke to adopt the appropriate resolution extending the contract with Jack McGinnis as Intern Building Inspector in the City Building Dept., at no expense to the City, to September 1, 1993. (Resolution No. 93-40) Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays - None 5. Public Works Director - Pro osed U.S. West Easement Motion y ounCl mem er Klm e, secon e y ounCl mem er un e to submit the request from U. S. West for acquisition of an easement on Outlot C, Croixwood 2nd Add., to install an electronic cabinet to increase capacity of U.S. West's facilities to City Attorney Magnuson for review; and if satisfactory, to have the easement executed by the appropriate City officials and returned to U.S. West. (All in favor). Possible Purchase of 3/4 Ton Pick-Up Motion by Councilmember Bodlovick, seconded by Councilmember Funke to postpone the acceptance of the quote for the 3/4 ton pick-up for the Public Works Dept. until the March g, 1993 Special Meeting. (All in favor). Advertise for Bids for Tandem Dump Truck Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to authorize the advertisement for bids for a new tandem dump truck, with plow, for the Public Works Dept. (All in favor). 3. Police Chief (Continued) Purchase of one New Unmarked Squad Car Motion by Councilmember Funke, seconded by Councilmember Cummings to include the unmarked squad car in the same quote process, as mentioned above for the marked squad cars. (Ayes - 4; Nays - 1, Councilmember Bodlovick). 6. Community Development Director - 2 r Stillwater City Council Minutes March 2, 1993 Regular Meeting SF449 Changes to Metropolitan Land Planning Act Motion by Counc1lmember Funke, seconded by Councllmember Bodlovick to direct staff to attend the meeting of the Subcommittee on Metropolitan Affairs of the Senate Metropolitan and Local Gov't. Committee, giving testimony and/or submission of written comments to prohibit this bill from passing. (All in f av or) . Motion by Councilmember Kimble, seconded by.Councilmember Bodlovick to amend the previous motion by including that Mr. Russell shall attend the meeting and speak vehemently against the proposed legislation. (All in favor). 7. City Coordinator - Establishment of Pay Rate for Leo Miller Motion by Councllmember Klmble, seconded by Councilmember Bodlovick to adopt the appropriate resolution establishing a pay rate for Leo Miller as part-time Police Investigator. (Resolution No. 93-41) r Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays - None 8. City Attorney - Grover Sims' Personal Property Extensive discussion followed regarding whether to allow Mr. Sims additional time to return to his former house to remove personal property. One issue discussed was whether the City would have any liability if there was an accident. Motion by Councilmember Kimble, seconded by Councilmember Funke to direct the City Attorney's office to draft a waiver of liability to allow Mr. Sims to enter his former property at 410 No. Fourth St. and remove personal items by March 16, 1993. (All in favor). RECESS Motion by Councilmember Kimble, seconded by Councilmember Funke to recess the meeting at 5:53 P.M. to Executive Session. (All in favor). ATTEST: a~?;t ~ MAY R ~~ r 3 r r r Stillwater City Council Minutes March 2, 1993 Regular Meeting Resolutions: Resolution No. 93-40 - Extension of Internship for Jack McGinnis, Intern Building Inspector. Resolution No. 93-41 - Establishing Pay Rate for Leo Miller, P.T. Police Investigator. 4 o RECESSED MEETING STILLWATER CITY COUNCIL MINUTES March 2, 1993 7:00 P.M. The Meeting was called to order by Mayor Hooley. Present: Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Absent: None Also Present: City Coordinator Kriesel City Attorney Thole Consulting Engineer Moore Consulting Engineer Peters Comm. Dev. Director Russell Planning Comm. Chair Fontaine City Clerk Johnson Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Mark Herwig, St. Croix Valley Press Scott Zahren, Karl Ranum, Gerald Kalish, Cherie Berett, Scott Keller, Richard Slivik, Art Palmer, Robert Pasket, Howard Lieberman. Others: n APPROVAL OF MINUTES Motion by Councilmember Funke, seconded by Councilmember Kimble to approve the minutes of the Special Meeting of February 1, 1993 and Regular Meeting of February 16, 1993 as presented. (All in favor). INDIVIDUALS, DELEGATIONS AND COMMENDATIONS 1. Karl Ranum - Edstrom/Kalish fence dis~ute. Karl Ranum, representing Gerald B. Ka ish, was present to ask Council review and help in the Edstrom/Kalish fence dispute. Council did not believe there would be any chance for further review and City Attorney Thole stated the City Attorney's office could present the Kalishes with an outline of reasons why the City could not proceed further with the case. PUBLIC HEARINGS 1. This lS the day and time for the Public Hearing to consider a Variance to the Sign Ordinance for placement of a 3 ft. by 6 ft. lighted marquee sign located at 920 W. Olive St. (Nelson's Ice Cream Store) in the RB, Two-Family Residential Dist., Case No. V/93-8, Robert C. Pasket, Applicant. Notice of the hearing was published in The Gazette on February 19, 1993 and mailed to affected property owners. r 1 n Stillwater City Council Minutes March 2, 1993 Recessed Meeting Community Development Director Russell explained Mr. Pasket's request to place a 3 ft. by 6 ft. portable sign on Nelson's Ice Cream Store lot located in a residential district. Planning Commission Chair Fontaine stated the Planning Commission recommended denial of the request because it is against the zoning ordinance and is a dangerous precedent to set. Also, there is a great deal of neighborhood opposition to the sign. Robert Pasket, applicant, stated he thought he applied for a temporary 30-day use permit, and now has gotten a letter recommending denial. He asked why he had to fill out an application and pay $70. He does not want a variance and only wants to light the sign for thirty days during slack periods. Mr. Fontaine stated this was never mentioned at the Planning Commission meeting. r Mike McCarthy, 212 So. Greeley St., stated there is still confusion -- what 30 days does Mr. Pasket want the sign. He presented a neighborhood petition against the request for a sign. He further stated "Nelson's Dairy Store" is a landmark and does not need such a sign which is an assault on the neighborhood. Tom Huelsman, 401 So. Greeley St., stated that during December the flashing sign was very disturbing and he objects even if the sign is in place 1/12 of the year. Mayor Hooley closed the public hearing and Council discussion followed. Motion by Councilmember Funke, seconded by Councilmember Bodlovick to deny a Variance to the Sign Ordinance for placement of a 3 ft. by 6 ft. lighted marquee sign located at 920 W. Olive St. (Nelson's Ice Cream Store) in the RB, Two-Family Residential Dist., Case No. V/93-8, Robert C. Pasket, Applicant. Ayes - 4; Nays - 1, Councilmember Bodlovick. Councilmember Bodlovick asked if Councilmember Funke would amend his motion to include refunding the $70.00 fee and Mr. Funke declined to do so. 2. This is the day and time for the Public Hearing to consider a Special Use Permit to conduct a beauty salon business (nails only) in a residential structure at 121 So. Owens St. in the RB, Two-Family Residential Dist., Case No. SUP/93-9, Heidi B. Colleran, Applicant. Notice of the hearing was published in The Gazette on February 19, 1993 and mailed to affected property owners. Mr. Russell explained the request is to conduct a beauty salon (nails only) in a home located on Owens St., in a residential area with the resident as the only employee. The conditions of approval were discussed r 2 f' Stillwater City Council Minutes March 2, 1993 Recessed Meeting -- no signage, parking on site and any modifications or intensification of use would require an amendment of the Special Use Permit. Mr. Fontaine stated there was some opposition because of the increase of the cottage industry in the area. Dan and Heidi Colleran, the applicants, stated they were concerned with the neighborhood opposition. Ms. Colleran stated she would be working by appointment only which would contribute to low traffic. Mayor Hooley closed the public hearing. Motion by Councilmember Cummings, seconded by Councilmember Funke to approve a Special Use Permit to conduct a beauty salon business (nails only) in a residential structure at 121 So. Owens St. in the RB, Two-Family Residential Dist., Case No. SUP/93-9, as conditioned, Heidi B. Colleran, Applicant. (All in favor). 3. This is the day and time for the Public Hearing to consider a Variance to the Parking Ordinance for an 850 sq. ft. restaurant use in an existing structure at 317 So. Main St., (River Exchange Bldg.) located in theCBD, Central Bus. Dist., Case No. V/93-10, Scott Zahren, Applicant. Notice of the hearing was published in The Gazette on February 19, 1993 and mailed to affected property owners. r Mr. Russell stated this request is for a restaurant in the downstairs portion of the River Exchange Building between Water St. and Main St. with the maximum occupancy less than 35. This request requires a variance to parking regulations. Mr. Fontaine stated the Planning Commission recommended approval and the parking problem is preferable to an empty building. Scott Zahren, applicant, stated the Fire Dept. suggested a maximum occupancy of 30 with which he agrees. Mayor Hooley closed the public hearing. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to approve a Variance to the Parking Ordinance for an 850 sq. ft. restaurant use in an existing structure at 317 So. Main St., (River Exchange Bldg.) located in the CBD, Central Bus. Dist., Case No. V/93-10, as conditioned, Scott Zahren, Appl icant. (All in favor). 4. This is the day and time for the continuation of 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. r 3 r r r Stillwater City Council Minutes March 2, 1993 Recessed Meeting Notice of the hearing was published in The Courier on December 24, 1992 and mailed to affected property owners. Mr. Russell reported that the applicant has requested withdrawal of the appl ication. Motion by Councilmember Kimble, seconded by Councilmember Funke to approve the requested withdrawal of 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). 5. This is the day and time for the Public Hearing to consider a Minor Subdivision of a 1.26 acre vacant parcel of land known as Lots 1, 2, 3, 4, 5, 6 & 13, Block 14, Sabin's Add., into three separate parcels located east of Sherburne St. & north of W. Linden St. in the RB, Two-Family Residential Dist., Case No. SUP/93-11, Doug & Mary Christensen, Ron & Eloise Zaniewski & Agnes Mowry, Applicants. Notice of the hearing was published in The Gazette on February 19, 1993 and mailed to affected property owners. Mr. Russell stated this is the same area previously considered for a street vacation and the request is to resubdivide the lots so that there would be no additional developable parcels. Because of the irregular shape and the lack of access to the parcels it is recommended this request be approved. Mr. Fontaine stated the Planning Commission approved the request. A man requested Council consideration in saving the wetlands. Mary Christensen, 415 No. Center St., stated that by dividing it this way the City would still have their property and no one would be landlocked. Mr. Russell added that it is the intention of the subdividers to provide driveway access for Agnes Mowry. Motion by Councilmember Funke, seconded by Councilmember Cummings to adopt the appropriate resolution approving the request for a Minor Subdivision of a 1.26 acre vacant parcel of land known as Lots 1, 2, 3, 4, 5, 6 & 13, Block 14, Sabin's Add., into three separate parcels located east of Sherburne St. & north of W. Linden St. in the RB, Two-Family Residential Dist., Case No. SUP/93-11, as conditioned, Doug & Mary Christensen, Ron & Eloise Zaniewski & Agnes Mowry, Applicants. (Resolution No. 93-52) Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays - None 4 r Stillwater City Council Minutes March 2, 1993 Recessed Meeting 6. This is the day and time for the Public Hearing to consider a Variance to the Sign Ordinance for the placement of a 50 sq. ft. free-standing sign, 20 ft. in height, at 2289 Croixwood Blvd. (Brooks Food Market) located in the CA, Gen. Comm. Dist., Case No. V/93-12, Suburban Lighting, Applicant. Notice of the hearing was published in The Gazette on February 19, 1993 and mailed to affected property owners. Mr. Russell explained this request is to remove an existing sign and replace it with a Fina sign which is half as large as the present one. The variance is required because the applicant has three signs, with only two allowed. Mr. Fontaine stated the Planning Commission approved the request. Ray Roemmich, 301 Crestwood Terrace, representing Suburban Lighting, stated the sign is being downsized and the applicant is changing from Mobil to Fina. r Mayor Hooley closed the public hearing. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to approve the request for a Variance to the Sign Ordinance for the placement of a 50 sq. ft. free-standing sign, 20 ft. in height, at 2289 Croixwood Blvd. (Brooks Food Market) located in the CA, Gen. Comm. Dist., Case No. V/93-12, Suburban Lighting, Applicant. (All in favor). 7. This is the day and time for the continuation of a Public Hearing, and possible second reading, of a Zoning Ordinance Amendment for a Forest Protection Ordinance, Case No. ZAT/93-1, City of Stillwater, Applicant. Notice of the hearing was published in The Gazette on January 22, 1993. Mr. Russell explained this ordinance would protect the cutting of trees under certain conditions when development permits were required. It is designed to maintain the tree cover within the project area. The Planning Commission recommended approval. Motion by Councilmember Funke, seconded by Councilmember Kimble to have a second reading and enactment of an Ordinance adding Section 31.01, Subd. 30, Forest Protection regulations. (Ordinance No. 769) Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays - None. Council recessed for five minutes and reconvened at 8:30 P.M. r 5 r Stillwater City Council Minutes March 2, 1993 Recessed Meeting UNFINISHED BUSINESS 1. Continuation of A~pointments to Various City Boards & Commissions: a. Cable Commisslon. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to appoint Gary Talbot as resident representative for Stillwater on the St. Croix Valley Joint Cable Commission. (All in favor). Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to reappoint Mary Kreimer-Adrian as alternate resident representative for Stillwater on the St. Croix Valley Joint Cable Commission. (All in favor). b. Heritage Preservation Commission. Discussion followed regarding the continuation of these appointments until it is decided whether a resident can serve on more than one commission. Motion by Councilmember Funke, seconded by Councilmember Bodlovick to continue the appointments to the Heritage Commission until the next regular meeting on March 16, 1993. (All in favor). c. Downtown Parking Commission. Motion by Councilmember Funke, seconded by Councilmember Cummings to continue the appointments to the Downtown Parking Commission until the next regular r meeting on March 16, 1993. (All in favor). NEW BUSINESS 1. Feaslbility Study for Highlands 4th Addition, L.I. 293. Consulting Engineer Peters stated a petition has been received from the owner of the property for improvements, however, a public hearing will need to be held because these improvements affect adjacent property owners. Mr. Peters presented a summary of project costs -- total project, $625,586.49; Highlands 4, $349,655.94; and W. Orleans St., $275,930.55. Motion by Councilmember Kimble, seconded by Councilmember Funke to adopt the appropriate resolution accepting the Feasibility Report and setting a public hearing for March 16, 1993 for Highlands of Stillwater, Phase 4, L.I. 293. (Resolution No. 93-42) Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays - None r 6 r Stillwater City Council Minutes March 2, 1993 Recessed Meeting 3. AP~lication for Payment No.4 - Inland Utility Const., Highlands 2nd Add., L. . 276. Motion by Councilmember Funke, seconded by Councilmember Kimble to adopt the appropriate resolution accepting the project and making the fourth and final payment, in the amount of $24,744.64, to Inland Construction for Highlands of Stillwater, 2nd Addition, L.I. 276. (Resolution No. 93-43). Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays - None CONSENT AGENDA Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to approve the Consent Agenda of March 2, 1993, including the following: (All in favor). 1. Directiny pa~ent of Bills (Resolution No. 93-39). Ayes - Councllmem ers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays - None r 2. The following Contractors licenses: Opus Corporation General Contractor P.O. Box 150 Minneapolis, Mn. 55440 3. Forward to Ins. Co. - Statement of Claim & Summons, Conciliation Court, Ronn Hechter, Grand Garage sewer backup. Renewal 4. Forward to Ins. Co. - Summons & Complaint, Robert Engquist, injuries received from falling temporary stop sign. 1993. (Resolution , ummlngs, ayor Hooley. Comm., COUNCIL REQUEST ITEMS Update of Comprehensive Plan Councilmember Kimble spoke in favor of a workshop with the various City Commissions in discussing the Comp Plan. Councilmember Cummings stated the Parks Commission is very interested in giving input on this subject. r 7 (\ Stillwater City Council Minutes March 2, 1993 Recessed Meeting Discussion of Engineeriny Services Councilmember Funke initlated discussion of a missing communication regarding an increase for SEH services. Mr. Moore stated they are still working on this. Councilmember Funke discussed reviewing the Engineering contract with SEH and holding workshops with other engineering firms. COMMUNICATIONS (Continued) 2. Orville Pun Comm. Minn. De t. of Corrections; Philli McMullen Chair Was . Co. B . 0 omm. - Re: P acement 0 tate Prlsoners ln ounty facil ities. Mr. Kriesel explained the background of this letter and Council duly noted the communication. 3. Esther Snaza, Minn. De~t. of Commerce - Petrofund reimbursement. Council took note of t is communication. (\ 4. League of Minn. Cities - 1993 Annual Conference Parade of Flags. Motion by Councilmember Kimble, seconded by Councilmember BodloV1Ck to approve sending the City flag to the annual League of Minn. Cities conference for the 1993 "Annual Parade of Flags". (All in favor). Council took note of the following communications: 5. Lea ue of Minn. Human Ri hts Comm. - Statewide cam 19otry. 6. Garb Getty, Sec. - Name change for Dock Ass' n. to "Mulberry Point Yacht Har or". 7. Christine White, Exec.Vice Pres., Chamber of Comm. - Thanks to City for corporate sponsorship at "All Cities Banquet". 8. G. Dykstra, Field Rep., ISO Comm. Risk Serv., Inc. - City Fire Insurance classification. Council noted that the City of Stillwater has received a fire insurance classification of Class 4 which has improved from Class 5 and which will result in a decrease in the fire insurance rates for many insured commercial properties within the City, effective June 1, 1993. 9. Yvette Quarfot, Washington Co. HRA - Low Income Housing, Cottages, Phase III. STAFF REPORTS (Continued) Resignation of Mike Louis from Mn/DOT Motion by Councl1member Klmble, seconded by Councilmember Funke authorizing Comm. Dev. Director Russell to draft a letter for the Mayor'S signature to the r 8 ~. ~ r Stillwater City Council Minutes March 2, 1993 Recessed Meeting Regional Office of Mn/DOT regarding the resignation of Mike Louis, Project Director for the New Stillwater Bridge, and indicating our concern for loss of Mr. Louis' knowledge, background and expertise in developing a plan to look at the impact of the bridge project, concern for the participatory process that has been followed over the last five years, and concern for the future of the project; and the request for a meetin9 with Mr. Louis' replacement to establish a liaison process for this project. (All in favor). ADJOURNMENT Motion by Councilmember Funke, seconded by Councilmember Kimble to adjourn the meeting at 10:05 P.M. (All in favor). G4~ ATTEST: ~J-(7 ~~ CITY CLERK Resolutions: No. 93-39 - Directing Payment of Bills. No. 93-42 - Accept Feasibility Report & set Public Hrg. for L.I. 293, Highl ands 4. No. 93-43 - Accept Project, final Payment - L.I. 276, Highlands 2. No. 93-44 - Approving City Attorney's Retainer for 1993. No. 93-52 - Resubdivision west of Sherburne & no. of W. Linden Sts. Ordinances: No. 769 - Forest Protection Ordinance. 9 RECORD OF EXKClITIVE SESSION IJal.eeonvened: Tuesday, March 2, 1993 Time cQ~vened: 5:55 p.m. 'l'imeadjourn"d: 6:J5 p.m. MBmbarspresent: MayorHoJl.ey,Councilmernbers}"unke, Bodlovick,Cl.U1U'Ilingsand Kimbl" Members absent: None Also present: City Coo~dinator Kriesel and Ci ly Attorn"y M"g~llson Purpose of Executive Session: a c:ity employe". '1'" discuss possible discipl.\nary action ~<jainst DlScussion: City Coordinator Kriesel presel1tedan updated invest.igatoryrep ort and findings of fact regarding the performance and conduct of ~obert Bielenberg, Ice Arena Manager. Action Taken: To immediately plaea Robert H;e1enberg on ddmlnistrativ" Leave with pay and to sat a pre-disciplianry h~aring for 5:00 p.m., March 30, 1993. AC,oo" ~..-J( ifcJ!iM ",p City Co dlnator