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HomeMy WebLinkAbout1993-03-16 CC MIN (' 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 (' 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) r Hotion Kimble by Councilmember Bodlovick, seconded by Councilmember to adopt the appropriate Resolution approving a contract I r 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- r 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) r 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 2 r 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. r 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. r 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 3 (' stillwater City Council Minutes 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) 8 . Discussion of Comorehensive Plan Uodate. r 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 " Motion by Bodlovick Councilmember Kimble, seconded by Councilmember to authorize the Parks Department to obtain quotes for 4 r Stillwater City Council Minutes 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) r 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 r Mr. Kriesel Courage St. noted a letter from Peter Polga, Croix, who was not able to be in Director of attendance. 5 r stillwater City Council Minutes 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 r 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. r 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. 6 r \ 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) r 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 r 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 7 (' stillwater City Council Minutes 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. r 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 r Motion by Bodlovick p . m . ( All Councilmember to adjourn the in favor) Kimble, seconded by Councilmember meeting to executive session at IO:45 B r 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. r Submitted by: Shelly Schaubach Recrding Secretary r 9 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. c ^ AUcst: ~ ~Liit~=1:;:;;;z-~