HomeMy WebLinkAbout1993-03-16 CC MIN
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REGtfI:AR MEETING
STILLWATER CITY COUNCIL
HINUTES
March 16, 1993
7:00 p.m.
The meeting was called to order by Mayor Hooley.
Present: Councilmembers Bodlovick, Cummings, Kimble, Funke,
and Mayor Hooley
Absent: None
Also Present: City Coordinator Kriesel
City Attorney Magnuson
Comm. Dev. Director Russell
Public Works Director Junker
Consulting Engineer Moore
Consulting Engineer Peters
Recording Secretary Schaubach
Press: Julie Kink, The Courier
Hike Marsnik, Stillwater Gazette
Mark Herwig, st. Croix Valley Press
others:
Ed Cain, Pam Neary, Tom Farrell, Roberta Opheim,
Wally Abrahamson, Bev Schultz, Barb O'Neal,
Jim Kellison, Neal Casey, Paul Simonet, Andy Kass,
Tim Old, Kirk Roetman, Lynn Schwarz, Howard
Lieberman, James Laskin, Jim Qually, Mike Louis,
George Vogt, Will Krongard, Mr. Arndt, Kevin
Shields, Dennis Meyer
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INDIVIDUALS. DELEGATIONS AND COMMENDATIONS
I. Ed Cain - Uodate on Levee Wall fundinc.
Mr. Cain reported that appropriations decisions will be made
at both the state and federal level this month. Mayor Hooley
will be testifying before the House Appropriations
Subcommittee next Wednesday.
2. Descriotion of Junior Hich site reuse develooment review
orocess.
Mayor Hooley read a statement explaining that he was one of
the founders of Cub Foods and he presently holds stock in
SuperValu and that it would be inappropriate for him to
participate in any discussion or to vote on this matter.
Mayor Hooley relinquished the chair to Vice-President Funke
and did not participate in the discussion.
Hotion by Councilmember
Cummings to accept the
determination regarding
Junior High Reuse. (Ayes
Kimble, seconded by Councilmember
Community Development Director's
zoning regulations applicable to the
- 4; Abstain - 1, Mayor Hooley)
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Hotion
Kimble
by Councilmember Bodlovick, seconded by Councilmember
to adopt the appropriate Resolution approving a contract
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Stillwater City Council Minutes
Regular Meeting
March 16, 1993
with MacKall, Counse and Moore to
or amending the Tax Increment
development of a Development
(Resolution No. 93-46)
provide counsel for
Financing Districts
Agreement with Cub
modifying
and the
Foods.
Ayes
- Councilmembers
Mayor Funkej
- None
- Mayor Hooley
Bodlovick, Cummings, Kimble, and Acting
Nays
Abstain
Hotion by
Kimble to
modification
District No.
Councilmember Cummings, seconded by Councilmember
adopt the appropriate Resolution ordering the
of the development district and establishing TIF
6. (Resolution No. 93-47)
Ayes
- Counc i lmember
Mayor Funke
- None
- Mayor Hooley
Bodlovick, Cummings, Kimble, and Acting
Nays
Abstain
The gavel was passed back to Mayor Hooley.
3.
Possible first
22.10. Heritace
shio size.
readinc of an ordinance amendinc Chaoter
Preservation Commission to increase member-
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Hotion by Councilmember Kimble, seconded by Councilmember Funke
to have a first reading of an ordinance amending Chapter 22.10,
Heritage Preservation Commission to increase membership size.
(All in favor)
4. Possible Commission and Committee Aooointments.
Comm. Dev. Director Russell submitted the names of interested
individuals to serve on the Downtown Parking Commission.
Council discussed how term lengths should be determined.
Hotion by Councilmember Funke, seconded by Councilmember Kimble
to approve appointment of the following to the Downtown Parking
Commission: Karl Ranum, Paul Simonet, Dave Swanson, Katie
Holdorph, Patrick Anderson, Vern Stefan, and Martha Conway, and
to direct the Committee to recommend to Council the terms of the
Committee members. (Ayes - 4j Nays - 1, Councilmember Bodlovick)
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5. Pam Neary. Lecislative Resoresentative. comments recardino
orooosed new river bridce.
Mayor Hooley read a statement indicating he does not concur
with the decision of the previous Council supporting the
building of a new bridge, and he will abstain from any
action taken by the Council at this time.
state Representative Pam Neary explained her reasons for
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stillwater City Council Minutes
Regular Meeting
Harch 16, 1993
introducing a bill delaying any action on the
further criteria are met. Mayor Hooley opened
comments and questions from the audience.
bridge until
the meeting to
Lynn Schwarz, Oak Park Heights, questioned how long Ms. Neary
has studied this issue. Councilmember Funke stated that he
feels it was inappropriate for Ms. Neary to introduce the
bill without discussing the matter with Stillwater's Senator
Laidig. He also stated he stands by his previous vote in
favor of a new bridge.
Will Krongard, a resident of Oak Park Heights
be removed in the process of building a new
that enough studies have been done.
whose home will
bridge, stated
James Laskin, downtown business owner, stated that there is a
need for improvrnent of transportation flow downtown, but is
in favor of the bill because further study is needed. Paul
Simonet, employee downtown, stated that this has been studied
for many years, and traffic is becoming more of a problem.
He believes a new bridge is inevitable, and this action is
delaying the process.
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County Commissioner Wally Abrahamson stated his support for
the new bridge. He feels the bill is a delay tactic by a few
people. Jim Kellison, a member of SAEDC and the Stillwater
Chamber of Commerce, stated that the community is growing and
a new bridge must be built to accomodate the growth. Jim
Qually, downtown business owner, is not in favor of a new
bridge at this time. He feels the old bridge will be lost,
and he feels there are alternatives to a new bridge, such as
restricting parking on Hain Street, reducing the number of
times the bridge is lifted for boat traffic, and placing
vehicle weight restrictions downtown.
Councilmember Kimble stated that he will be requesting an
opportunity to testify at the house and senate hearings
because of his opposition to this bill. Former Councilmember
Roberta Opheim stated that the former City Council knew all
the facts and weighed the issues before making a decision to
support the new bridge.
(Councilmember Funke left the meeting at 8:05 p.m.)
6. Resolution in suooort of Andersen Corooration.
Mr. Arndt of Andersen Corp. explained Andersen Corporation's
plans for expansion.
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Motion by
Bodlovick to
Corporation
Councilmember Kimble, seconded by Councilmember
adopt the appropriate Resolution supporting Andersen
in its proposal to acquire a 245 acre site adjacent
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Regular Meeting
March 16, 1993
to County Road 21 from the Minnesota Department of Natural
Resources. (Resolution No. 93-48)
Ayes - Councilmembers Bodlovick, Cummings, Kimble, and Mayor
Hooley
Nays - None
7. Richard Anderson - discussion reaardinc oossible manacement
contract of Lilv Lake Ice Arena
Kevin Shields of Andiamo Enterprises, presented a proposal to
operate and manage the Lily Lake Ice Arena. City Attorney
Hagnuson stated that this could be negotiated as a personal
service contract, but as a matter of public policy it could
be put out for bids.
Motion by Councilmember Kimble, seconded by Councilmember
Bodlovick to direct city staff to study, along with the Parks and
Recreation Board, the proposal by Andiamo Enterprises to manage
the Lily Lake Ice Arena. (All in favor)
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Discussion of Comorehensive Plan Uodate.
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Council directed the Community Development Director to set a
public meeting with the city Council, the Parks and
Recreation Board, Charter Commission, Planning Commission and
neighborhood groups as part of review of the Comprehensive
Plan Update Work Program.
9.
Denny Heyer - Discussion of orooosed New Heichts Charter
School.
Hotion by Councilmember Kimble,
Bodlovick to adopt the appropriate
proposed New Heights Charter School.
seconded by Councilmember
Resolution supporting the
(Resolution No. 93-49)
Ayes - Councilmembers Bodlovick, Cummings, Kimble, and Mayor
Hooley
Nays - None
STAFF REPORTS
1.
Public Works Director
Parks Deot. recuest for a utilitv sorayer
Public Works Director Junker requested permission
quotes on a John Deere 1800 utility sprayer for the
Department. Council discussed whether there were
options to the purchase of this equipment.
to get
Parks
other
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Motion by
Bodlovick
Councilmember Kimble, seconded by Councilmember
to authorize the Parks Department to obtain quotes for
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Regular Meeting
March 16, 1993
a utility sprayer and to direct the Parks Supervisor to present a
report to Council on the need to purchase this equipment and
whether or not the work could be contracted out at a lower cost
to the City. (Ayes - 3; Nays - 1, Mayor Hooley)
2. Consultino Enoineer
Motion by Councilmember Bodlovick, seconded by Councilmember
Kimble to approve a change order in the amount of $I,710 for the
south main lift station for installation of a dehumidifier. (All
in favor)
Hotion by
Kimble to
plans for a
of $5,500.
Councilmember Cummings, seconded by Councilmember
direct the City's Consulting Engineer to prepare the
signal at Greeley St. and Curve Crest Blvd. at a cost
(All in favor)
Hotion by Councilmember Kimble, seconded by Councilmember
Bodlovick to approve the expenditure of $I,700 for the Consulting
Engineer to accompany the Mayor to Washington D.C. to testify on
the City's behalf for funding of the levee wall reconstruction.
(All in favor)
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Hr. Moore reported that the emergency sewer repair at 4th and
Hickory Street is complete.
(Council recessed for IO minutes and reconvened at 9:25 p.m.)
Mayor Hooley publicly thanked
Staff, and Councilmember Funke
refurbish the Mayor's office.
the Fire Department, City
for volunteering the labor to
3. Communitv Dev. Director
Mr. Russell noted a letter from Cub Foods regarding the
closing of Hooley's downtown and plans to ensure that
Hooley's customers will have transporation to the Cub store.
PUBLIC HEARINGS
I.
This is the time and
293, constructio of
street construction
Stillwater, Phase IV.
day for the Improvement Hearing for L.I.
sanitary sewer, watermain, storm sewer,
and appurtenances for Highlands of
Notice
Gazette on
owners.
of the hearing was published in the Stillwater
March 5 & 12, 1993 and mailed to affected property
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Mr. Kriesel
Courage St.
noted a letter from Peter Polga,
Croix, who was not able to be in
Director of
attendance.
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Regular Meeting
March 16, 1993
The letter requested that the Courage Center not be assessed
because it is a foundation supported non-profit operation and
also proposed a purchase price of $2.52 per sq. ft. for
street right-of-way. City Attorney Magnuson recommended that
an appraisal be obtained for the land in question and that
the assessment could be looked at when the final assessment
roll is adopted.
Hayor Hooley opened the meeting to public comment, and having
none, closed the public hearing.
Hotion by Councilmember Bodlovick, seconded by Councilmember
Kimble to adopt the appropriate resolution ordering L.I.293,
construction of sanitary sewer, watermain, storm sewer, street
construction and appurtenances for Highlands of Stillwater, Phase
IV, and directing the City's Consulting Engineer to prepare plans
and specifications. (Resolution No. 93-50l
Ayes - Councilmembers Bodlovick, Cummings, Kimble, and Mayor
Hooley
Nays - None
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Hotion by Councilmember
Cummings to authorize the
of property on Curve Crest
in favor)
Kimble, seconded by
expenditure of $700 for
Blvd. near the Courage
Councilmember
the appraisal
Center. (All
Motion by Councilmember Kimble, seconded by Councilmember
Bodlovick to include the letter from Peter Polga, Director of
Courage st. Croix in the record as part of the public hearing.
(All in favor)
UNFINISHED BUSINESS
I. Continued discussion reaardinc loadinc zone for business in
downtown area.
Hotion
Kimble
request
by Councilmember Bodlovick, seconded by Councilmember
to direct the Downtown Parking Committee to discuss a
for a loading zone on Main Street. (All in favor)
NEW BUSINESS
1.
First readinc of an ordinance limitina Citv Commission
members to one committee.
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Council directed Staff to redraft the ordinance to include a
provision for equal ward representation and to revise the
procedure for appointments. Council will have a second
reading on April 6.
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stillwater City Council Minutes
Regular Meeting
March 16, 1993
2. First readinc of an ordinance amendinq Chaoter 31 to orovide
for olanninc aooeals board.
Motion by Councilmember Kimble, seconded by Councilmember
Bodlovick to have a first reading of an ordinance creating the
Board of Adjustment and Appeals for certain planning cases. (All
in favor)
Motion by Councilmember Kimble, seconded by Councilmember
Cummings to direct the City Attorney to prepare language changes
to the ordinance regarding the appeal process. (All in favor)
3. Review and oossible aooroval of acreement to oarticioate in
fundinc of St. Croix Animal Shelter imoound facility.
Motion by Councilmember Kimble, seconded by Councilmember
Bodlovick to table the review and possible approval of the
agreement to participate in funding of the st. Croix Animal
Shelter impound facility to the next meeting. (All in favor)
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CONSENT AGENDA
Motion by Councilmember Kimble, seconded
Bodlovick to approve the Consent Agenda of
including the following: (All in favor)
by Councilmember
March 16, 1993,
I. Directinc Pavment of Bills (Resolution No. 93-45)
Ayes - Councilmembers Bodlovick, Cummings, Kimble, and Mayor
Hooley
Nays - None
2. Aoolications
Gabler Brothers Painting
323 South Sixth Street
Stillwater, MN 55082
Painting Contractor
Renewal
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3. Set Public Hearinc date of Aoril 6. 1993. for the followinq
olanninc cases:
a. Case No. SUP/93-13 Special Use Permit request from Robert
and Vickie Cicolella to conduct an over-the-phone and mail
order travel agency business in a residential structure at
1861 Oak Glen Drive in the RA, Single Family Residential
District.
b. Case No. SUP/93-14 Special Use Permit request from Vicki A.
Poisson of Doodletown Toys to conduct outdoor sales from a
cart in an existing private courtyard at 324 South Main
Street (Grand Garage) in the CBD, Central Business
District.
c. Case No. V/SUP/93-15 Variance and Special Use Permit from
Mary and Clyde Jorgenson to conduct a three-bedroom bed and
breakfa5t at 210 Ea5t Laurel street in the RB, Two-Family
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Regular Meeting
March 16, 1993
Residential District.
d. Case No. SUP/93-l6 Special Use Permit request from Vicki
and Bruce Brillhart to conduct special events (small
weddings, receptions, business meetings, recitals) out of a
residential structure at 319 West Pine Street, RB, Two-
Family Residential District.
COMMUNICATIONS/REQUESTS
Council took note of the following items:
I. Summons in a civil action from Deanna Paulzine.
2. Letter from Corps of Engineers regarding Levee Wall
funding.
3. Letter from Cub Scout Pack 114.
4. Letter from City of st. Paul regarding national fund
raising campaign for Sudden Infant Death Syndrome (SIDS)
STAFF REPORTS
I. Consultinc Encineer
Mr. Moore reported that Mn/DOT has recinded the funding for
the proposed McKusick Road walkway. Council will discuss
this further at the April 6 meeting.
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2. City Attorney
Mr. Magnuson informed Council of a hearing on the Arnie
Webster Trust.
Simms Condemnations
Hotion by Councilmember Kimble, seconded by Councilmember
Bodlovick to adopt the appropriate Resolution accepting the
commissioners' report in the Simms condemnation and approving
an additional payment of $7,500 to Mr. Simms and payment for fees
and mileage to the commissioners. (Resolution No. 93-51)
Ayes - Councilmembers Bodlovick, Cummings, Kimble, and Mayor
Hooley
Nays - None
3. Citv Coordinator
Hotion by Councilmember Kimble, seconded by Councilmember
Bodlovick to approve the request for a temporary sign, 4xB feet,
at the city parking lot on north main street from April 9 to May
9, 1993. (All in favor)
ADJOURNMENT
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Motion by
Bodlovick
p . m . ( All
Councilmember
to adjourn the
in favor)
Kimble, seconded by Councilmember
meeting to executive session at IO:45
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stillwater City Council Minutes
Regular Meeting
March 16, 1993
ATTEST:
o~ ~;;;{~
k MAYOR r---
~fj~
lcITY CLER
Resolutions:
No. 93-45 - Directing payment of bills.
No. 93-46 - Retaining Arlin B. Waelti as bond counsel.
No. 93-47 - Approving modification of TIF plan.
No. 93-48 - Supporting Andersen Corp.'s purchase of DNR land.
No. 93-49 - Supporting New Heights Charter School.
No. 93-50 - Ordering Improvement, Plans & Specs., L.r. 293
No. 93-51 - Approving additional payment for Simms condemnation.
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Submitted by:
Shelly Schaubach
Recrding Secretary
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REmRD 01' &XKClI'l'IVE SESSION
Dat.econvened: 'l'uesday, Marcll 16, 19"l3
TimecQ"vened: 10:48 p.m.
Time adjourned: 10:58 p.m.
Members pr"sent: Mayor Hooley, Cou~cllIrlembers Ilodlovick, CUrnrnin9s and Kllnble
M,~ers absenl: Councilmember Funke
Also prcsenl: city Coordinator Kriesel and City Attorney Magnuson
Purposea[ExecutiveSession:
RODcrt Bielenber9.
To discuss disciplinary proceedings involving
Discussion: City CoordinatQrKrieselprovided the Couflcilwith infQnnation
related to Lhe process associated "iLh thE;! disciplinary action taken againsl
RobertJJiEienbE;!rg. Mr. Kriesel inforrned th"eouncil that he had talked laCy
Smylhe about thc hearings Mr. Bielenberg was entitled to have and Mr. Smythe
t.old him that the hearing before the COLlncil and th"VetelOans hearings would be
separate hearings. The Veterans hearing wO\.lld be held aft,,~ the Council h<=aring
arldwouldr"quireaoOdaynuticetollr.Bielenb"rg.
Action Taken: To proceed with dcsciplinary hearcng process for Mr. Bie.l"nberg.
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