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HomeMy WebLinkAbout1993-10-05 CC MIN REGULAR MEETING STILLWATER CITY COUNCIL MINUTES October 5, 1993 4:30 P.M. r The Meeting was called to order by Mayor Hooley. Present: Councilmembers Bodlovick, Funke (arrived at 4:58 P.M.), Kimble and Mayor Hooley. Press: Councilmember Cummings City Coordinator Kriesel City Attorney Magnuson Consulting Engineer Moore Comm. Dev. Director Russell Public 'Works Director Junker Finance Director Deblon Building Official Zepper Police Chief Beberg City Clerk Johnson Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Mike Robinson, Gene Schleusner, R. Kilty, Ed Cain, Tim Stefan, John Carpenter, Darlene Bruce, Tim Hasset, Jennifer Pidde. Absent: Also Present: Others: r INDIVIDUALS & DELEGATIONS 1. 'Discussion of No. Th1rd St. house built on ~Ublic pro~erty. Consult1ng Englneer Moore presented lntorma lon on thlS 1tem, explaining that the traveled roadway is different from the platted right-of-way which has two homes within the area. He reviewed methods to change the platted road which would require a variance of 11 ft. for homes on each side. He further explained the costs for improvement of the road and discussion of drainage and erosion in the ravine followed. City Attorney Magnuson also explained the problems and offered some suggestions for solution of the problem. Darlene Bruce, representing her mother, Marie Bruce, 2013 No. Third St., stated her mother is attempting to sell her home and would like to move forward with this. Jennifer Pidde, a neighbor to the Bruce residence, asked what kind of turn-around would be constructed and Mr. Moore explained. Tim Hassett, representing Mike Robinson, who is the contract purchaser of the Bruce home, explained that they had expected to move into the house in August and then discovered, through a survey, that the house exists in a 1 r , Stillwater City Council Minutes October 5, 1993 ~ Regular Meeting public right-of-way. He requested the Council consider the original solution whereby the City would abandon the road and the street would remain as it is. r City Attorney Magnuson suggested the City receive an easement from the Krafthefer's vacating the street with a portion going to the other residents concerned, but this does not appear to be acceptable to the Krafthefer's because they are concerned about the drainage, erosion and parking congestion in the area. Ms. Bruce stated that Ernest Kress let others dump in the ravine to shore up the bank, but it has started sinking again. She requested the City place fill to stop the erosion. (Councilmember Funke arrived at 4:58 P.M.) Councilmember Kimble stated he reviewed the site at the request of the Krafthefer's and stated that if the bank continues to erode, the foundation of the Bruce house could be in trouble. Further discussion included drainage and parking problems, and who to assess when correcting the problems. Mr. Moore suggested further engineering review of the bank and Mr. Magnuson suggested preparing a license for people to have their house on the street with condemnation of the road and then vacation of the platted street. Gene SChleusner, Real Estate Agent for the Bruce's, asked if the City would be liable for filling or cleaning up the ravine. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt the appropriate resolution directing the City Attorney to move ahead with condemnation proceedings as it relates to the No. Third Street right-of-way. (Resolution No. 93-191) Ayes - Councilmembers Bodlovick, Funke, Kimble and Mayor Hooley. Nays - None STAFF REPORTS 1. -Pollee Chief - S1gnage for Boat Launching/Fishing Pier Area - Lily Lake Park Motion by Counci1member Funke, seconded by Councilmember Klmble to approve placement of signage in the Boat Launching/Fishing Pier area of Lily Lake Recreational Complex regulating distrubances. (All in favor). Codification of Chapter 51 Traffic Ordinance Motion by Councllmember Klmble, seconded by Councilmember Funke to approve the requested changes to the Chapter 51 Traffic Ordinance regarding Odd/Even 2 r Stillwater City Council Minutes October 5, 1993 r-' Regular Meeting r r Parking starting date; deletion of storage and towing charges; deletion of W. Anderson St. from snow emergency route and parking on both sides of the street after snow is cleared. (All in favor). Explorer Scouts Mentor pro~ram Motion by Councllmember Bodlov ck, seconded by Councilmember Kimble to approve sponsorship by the Police Dept. of Justin Opheim and Justin Rutten in the Explorer Scouts Mentor Program. (All in favor). 2. Finance Director - No report. 3. Public Works - Signage on Johnson Drive Motion by Councllmember Kimble, seconded by Councilmember Funke to approve the placement of a "Slow, Children Playing" sign on Johnson Drive. (All in favor) 4. Building Official - No report. 5~ Consulting Engineer - Repair of Old Rallroad Bridge on Hi,hway 95/Main St. Mr. Moore explaine<l that when Mn/DO reconstructed Highway, 95/Main St., they raised the surface of the road six inches under the bridge which makes it difficult for trucks to get through. Mn/DOT has requested placing signage at Main and Elm Streets directing trucks to turn around. Mr. Russell pointed out that considerable effort was made during the Downtown construction to eliminate blight on No. Main St., including extra signage, and suggested that Mn/DOT should correct the situation. Motion by Councilmember Funke, seconded by Councilmember Kimble to install a temporary sign alerting trucks to the low Railroad Bridge near Main/Alder St. and inform Mn/DOT to correct the problem with the bridge. (All in favor). 6. City Coordinator - Request for blockage of street for Sam Bloomer festivities Motion by Counc1lmember Funke, seconded by Councllmember Bodlovick to approve the request of Clayton Patterson to block off and park trailers on Walnut St. near the Historic Courthouse for approximately two hours during the Civil War Muster ceremonies on October 9. (All in favor). 7. Community Development Director Presentation of GIS S~stem Mr. Russell summarlze information regarding purchase of a computer and development of a GIS (Geographic Information System) system for the Planning Dept. John Carpenter, President of Insight Mapping & Demographics, Inc. was present to provide information on what their company would do in providing service for the City of Stillwater. After 3 Stillwater City Council Minutes October 5, 1993 ~ Regular Meeting some discussion, Mayor Hooley asked Mr. Carpenter to return to the evening meeting to continue the discussion to which Mr. Carpenter agreed. The meeting recessed at 6:00 P.M. a~~ ATTEST'l1., '1~ Resolutions: No. 93-191 - Condemnation proceedings for No. Third St. r 4 r RECESSED MEETING STILLWATER CITY COUNCIL MINUTES October 5, 1993 7:00 P.M. r The Meeting was called to order by Mayor Hooley. Present: Councilmembers Bodlovick, Cummings (arrived at 7:39 P.M.), Funke, Kimble and Mayor Hooley. Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Consulting Engineer Moore Comm. Dev. Director Russell City Planner Pung-Terwedo Public Works Director Junker City Clerk Johnson Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette John Carpenter, R. Kilty, R. Anderson, Ed Cain. Others: r INDIVIDUALS, DELEGATIONS AND COMMENDATIONS 1. Recognition of Robert Murphy, Civil Defense Director Mayor Hooley presented a plaque honor1ng C1Vll Defense Director Robert Murphy for his service to the City as he retires. 2. Continuation of discussion of NO.Third St. or 00 ey summarlze e procee lngs 0 e a ernoon meeting regarding the homes built in the platted right-of-way of No. Third St. for interested residents who were unable to attend. 3. Continuation of discussion by Insight Mapping for new Planning Dept. computer & Consultant Services; John Carpenter, of Inslght Mapping & Demographics, Inc., presented a video explaining the services they would provide to the City which would be helpful to the Planning Dept., Police & Fire Depts., Public Works and other City departments. - Mr. Russell explained the costs and stated Insight Mapping will provide services to develop a base system for completion of the first phase of the Comprehensive Plan. Motion by Councilmember Funke, seconded by Councilmember Kimble to approve the purchase of a computer and contract for GIS Comprehensive Plan information with Insight Mapping. (All in favor). 1 r Stillwater City Council Minutes October 5, 1993 ~ Recessed Meeting 4. Communication regarding impact & future of bank regarding County Road 5 lmprovements. Mr. Russell explained that the County is planning to make improvements to County Road 5 and the State will improve the interchange at County Road 5 and Highway 36. These improvements could impact access to the First Star Bank at that location. (Councilmember Cummings arrived at 7:39 P.M.) Mr. Russell continued to explain that a proposal was made to purchase the bank property cooperatively with the County and State with the site being given to the City to resell or lease to a potential user. Council discussion followed. Motion by Councilmember Funke, seconded by Councilmember Bodlovick to not consider or study the issue of access problems of the North Star Bank at Co. Rd. 5/Hwy. 36 with possible joint purchase of the property. (Ayes - 3; Nays - 2, Councilmember Kimble and Mayor Hooley). r UNFINISHED BUSINESS 1. 'Resolution accepting Feasibility Study and ordering Public Hearing for Myrtle St. Dralnage ProJect, L.I. 284. Motion by Councllmember Funke, seconded by Councilmember Kimble to adopt the appropriate resolution accepting the Feasibility Study and ordering the Public Hearing for MYrtle St. Drainage Project, L.I. 284. (Resolution No. 93-192) Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays - None. - Lease A~reement for Lily Lake Ice Arena Oferation (Andiamo Enterprises). Clty At orney Magnuson explained the pert nent pOlnts ln the proposed lease. This lease runs for one year with no obligation for either party to renew. City Coordinator Kriesel presented the financial history of the arena, stating that the loss for 1992-93 was approximately $17,000 which did not include depreciation or capital outlay. Further discussion included whether the Council authorized drafting a lease for management of the Ice Arena, the process followed and whether the City should have sought bids for this process. Motion by Councilmember Funke, seconded by Councilmember Cummings to enter into a Lease Agreement wtth St. Croix Catering for management of the Lily Lake Ice Arena. Ayes - 3; Nays 2, Councilmembers Bodlovick and Kimble. 2. Council recessed for five minutes and reconvened at 8:27 P.M. 2 r Stillwater City Council Minutes October 5, 1993 ~ Recessed Meeting APPROVAL OF MINUTES Motion by Councilmember Funke, seconded by Councilmember Kimble to approve the minutes of the Special Meeting of Sept. 14, and Regular Meeting of September 21, 1993 as presented. (All in favor). INDIVIDUALS & DELEGATIONS (Continued) Report on Levee Wall Ed Cain, Leglslative Consultant, reported that funding has been appropriated for the Levee Wall reconstruction and the process involved. He added that the construction process could begin in approximately six months. r NEW BUSINESS 1. Consideration for first reading of Shoreland Ordinance. City Planner Pung-Terwedo stated thlS ord1nance will regulate development along shoreland and is part of the implementation of the Brown's Creek and Middle River Surface Water Management plans. She then presented a summary of the regulations regarding setbacks, accessory structureS and maintenance of an open space buffer along creeks, also cutting of vegetation, placement of roads, parking areas, watercraft mooring and agricultural areas. Discussion followed by Council regarding the above points, especially cutting of vegetation, which it was felt is too restrictive. Motion by Councilmember Funke, seconded by Councilmember Kimble to table action on the proposed Shoreland Ordinance until further review is completed by the Planning Commission, including changes discussed by the City Council. (All in favor). 2. Consideration for first reading of RV Outside Storage Re~ulation. Counc11 had some concerns regarding this ordlnance, statlng they had received complaints from residents who said some of the items stored were "eyesores" . , , Motion by Councilmember Funke, seconded by Councilmember Kimble to table action on the proposed Ordinance amendment regulating storage of recreational vehicles in residential areas for further review. (All in favor) 3 r , Stillwater City Council Minutes October 5, 1993 ~ Recessed Meeting r 3. Consideration for first reading of Ordinance amending Chapter 51.05, Subd. 5, Calendar Parklng. Motion by Councilmember Kimble, seconded by Councilmember Funke to have a first reading of an amendment to Chapter 51.05, Subd. 5, Calendar Parking. (All in favor). 4. Change Order No.1, Curve Crest/Greeley Traffic Signal, L.I.292. Motion by Councllmember Funke, seconded by Councilmember BodloV1Ck to approve Change Order No.1, in an amount of $1,940.00, removing a driveway opening on the north side of Curve Crest Blvd, for the Curve Crest/Greeley St. signal project, L.I. 292. (All in favor). 5. Consideration of Ordinance regUlatin~ loitering. Clty Attorney Magnuson expla1ned tha the pollee and others have expressed concern with large crowds in Downtown and the need to have laws in place to regulate unruly persons. Motion by Councilmember Kimble, seconded by Councilmember Cummings to have a first reading of an ordinance amending Chap. 52 of the City Code as it relates to loitering. (All in favor). STAFF REPORTS (Continued) 'City Clerk Purchase of Four-Drawer Legal Size Filing Cabinet Motion by Councilmember Funke, seconded-by Councllmember Kimble to authorize the purchase of a four-drawer legal size file cabinet for the City Clerk's Office at an approximate cost of $250.00. (All in favor). New Radio Station in Stillwater - WIMN Ms. Johnson reported that 1n approx1mately two weeks the City will have a new radio station and they are looking for newsworthy items. COUNCIL REQUEST ITEMS Mayor Hooley DiscuSSlon of alternate holding facility for stray animals Mayor Hooley reported that the Ad Hoc comm1ttee organized for stuqying this item is disbanding. Discussion of other options followed. Motion by Councilmember Funke, seconded by Councilmember Bodlovick directing Staff to negotiate with veterinarian clinics in the area regarding animal control housing. (All in favor). Discussion of Clean-up of Riverfront 4 r Stillwater City Council Minutes October 5, 1993 ~ Recessed Meeting r r Mayor Hooley presented a proposal to Council for clean-up of the riverfront starting at Sunnyside Marina to Stillwater, using "Sentence to Serve" workers. It was noted that DNR approval would be needed. Motion by Councilmember Funke, seconded by Councilmember Kimble directing Staff to check with the DNR regarding cutting of brush and small trees along the river on the south end of the Ci ty. (All in favor). STAFF REPORTS (Continued) 'consultinH'En~ineer Award of id or Sldewalk Repairs, L.I. 274 Mr. Moore reported that blds were recelved on Tuesday, October 5 with the low bid from West Star Curb & Concrete, Inc. of Watkins, Minnesota in the amount of $213,629.50 for all three areas. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to adopt Resolution No. 93-193, awarding the bid to West Star Curb & Concrete, Inc. for the Sidewalk Repair Project, L.I. 274. (Resolution No. 93-193) Ayes - Councilmembers Bodlovick, Funke, Kimble and Mayor Hooley. Nays - Councilmember Cummings . Discussion of construction of Sewer & Water on McKusick Rd. between Maple & Owens Streets Mr. Moore reported that Shafer Contracting gave quotes of $20,490 for sewer and $5,700 for water line construction which he feltltere excessive. It would be necessary to coordinate this project with Shafer since they are the contractor for the McKusick Lk. Rd. project. Motion by Councilmember Kimble, seconded by Councilmember Funke directing Staff to negotiate with Shafer Contracting for installation of sewer and water between Maple and Owens St. in connection with the McKusick Lk. Rd. project and return to Council with results; or if unable to do so, to drop the construction plans for sewer and water in this area. (All in favor). Southeast Sanitary Sewer Project Motion by Councilmember Funke, seconded by Councilmember Cummings to adopt the appropriate resolution ordering the Ad for Bids for the Southeast Sanitary Sewer Project, L.I. 285. (Resolution No. 93-194) Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays - None CONSENT AGENDA 5 Stillwater City Council Minutes October 5, 1993 ~ Recessed Meeting Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to approve the Consent Agenda of October 5, 1993, including the following: (All in favor). 1. Directin~ Payment of Bills (Resolution No. 93-187). Ayes - Councllmembers Bodlovick; Cummings, Funke, Kimble and Mayor Hooley. Nays - None 2. The following Contractors Commerclal Roof Malntenance 301 Laurie Ct. Stillwater, Mn. 55082 M.A. Mortenson 700 Meadow lane No. Minneapolis, Mn. 55422 Licenses: Rooflng Renewal General Contractor Renewal Pools, Inc. 229 W. 60th St. Minneapolis, Mn. 55419 Install.Swimming Pools New 3. Submit claim from Elaine Jemelka for injuries to Insurance Carrier. r 4. Payment to LMC Insurance Trust for deductible amount (Tom & Lori Martin fence claim). 5. Bob BielenbeffiG - Resolution No. 93-188. Ayes - Councllme ers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays-~~ - 6. Application for Waiver of Garbage & Rubbish Charges - Code # 9-305. STAFF REPORTS (Continued) -Clty Coordinator Applicatlons for City Engineer Mr. Kriesel brlefly discussed these applications which will be screened by a consultant firm. Fire Chief A~plications Motion by Counci member Funke, seconded by Councilmember Kimble to schedule a Special Meeting for 4:30-P.M. on Oct. 12 for an Oral Board Review for the Fire Chief position. (All in favor). COUNCIL REQUEST ITEMS (Continued) Councilmember Bodlovick Counc1lmember BodloV1Ck inquired regarding the dog grooming facility recently established at the corner of Fourth & Churchill Streets, stating 6 r (' r I""' Stillwater City Council Minutes October 5, 1993 Recessed Meeting she has received complaints regarding barking dogs. Council directed that Code Enforcement Officer Leo Miller investigate this complaint. COMMUNICATIONS/REQUESTS 1. Report on Downtown Parking from Downtown Parking Commission. Council took note of this commun1cation. ADJOURNMENT Motion by Councilmember Kimble, seconded by Councilmember Funke to adjourn the meeting at 10:19 P.M. (All in favor). n tN7A:~~7 ATTEST:~~ Resolutions: No. 93-187 - Directing Payment of Bills. No. 93-188 - Commendation of Bob Bielenberg. No. 93-192 - Accepting Feasibility Study & setting public hearing for Myrtle St. Ravine-Proj., L.I.284. No. 93-193 - Award of bid for Sidewalk Proj., L.I. 274. No. 93-194 - Accept Plans & Specs, Order Ad for Bids, S.E. Sanitary Sewer Proj ., L. I. 285. 7