HomeMy WebLinkAbout1997-10-07 CC MIN
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CITY OF STILLWATER
CITY COUNCIL MEETING NO. 97-25
October 7,1997
REGULAR MEETING
4:30 P.M.
The meeting was called to order by Mayor Kimble at 4:30 p.m.
Present:
Absent:
Councilmembers Bealka, Cummings, Zoller and Mayor Kimble
Councilmember Thole
Also Present:
City Coordinator Kriesel
City Attorney Magnuson
Finance Director Deblon
City Engineer Eckles
Police Chief Beberg
Acting Fire ChiefBarthol
Ed Cain, Legislative Associates
City Clerk Weldon
Julie Kink, Courier
Mike Marsnik, Stillwater Gazette
r STAFF REPORTS
Press:
I. Finance Director Deblon provided Council with a printout of expenditures to date for the General
Fund and Special Revenue funds. She also reported the County Assessor does not expect the
fmal assessor valuations to be complete until October 10; staff will provide Council with updated
information related to the 1998 budget when the fmal valuations become available.
2. Police Chief Beberg requested authorization to use budgeted funds to purchase physical fitness
equipment, chairs and file cabinets. (action on consent agenda)
Councilmember Cummings requested additional patrol on McKusick Road to control speeding in
the evening.
Councilmember Zoller and Councilmember Bealka expressed concerns regarding
traffic/speeding control in area of St. Croix Catholic SchooL City Engineer Eckles will contact
Washington County to request a reduction of speed limit to 25 mph.
3.
City Engineer Eckles reported sewer service installation had disturbed the roots of a tree at South
2nd and Burlington and the tree is now unstable. The property owner does not want the tree
removed. The tree is on City right-of-way and the City Attorney is concerned with the potential
hazard and responsiblity of the City to protect the public. Councilmember Zoller requested a
replacement tree be planted.
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Motion by Councilmember Cummings, seconded by Councilmember Bealka authorizing removal of
unstable tree on city right-of-way at 2nd Street and Burlington. All in favor. (Thole absent)
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City Council Meeting No. 97-25
October 7,1997
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4.
City Attorney Magnuson presented the appraisal done by Ray Kirchner for the acquisition of the
Sutherland property for drainage easement for the ravine storm sewer work. He requested
authorization to offer Sutherland the amount of the damages as described by Kirchner. If the
offer is not accepted, the issue would then go to the court system.
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Motion by Councilmember Zoller, seconded by Councilmember Cummings authorizing City Attorney to
offer settlement to property owner (Sutherland) of Lot 1 & 4, Carli and Schulenburgs Addition, for
acquisition of property for ravine storm sewer work. All in favor. (Thole absent)
5. City Coordinator Kriesel requested Council appoint Robert Barthol as Acting Fire Chief. He has
been serving in that position since the retirement of Chief Ness on September 9,1997.
Motion by Councilmember Zoller, seconded by Councilmember Bealka to adopt Resolution 97-232
appointing Robert Barthol as Acting Fire Chief.
Ayes: Councilmembers Zoller, Cummings, Bealka and Mayor Kimble
Nays: None
Absent: Councilmember Thole
City Coordinator Kriesel also requested Council consider establishing the position of Public
Safety Director. He will develop a job description and provide a more detailed evaluation at the
next meeting.
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Motion by Councilmember Bealka, seconded by Councilmember Cummings directing staff to advertise
for position of public safety director and develop job description. 0-4-1 All opposed (Thole absent)
Council directed Mr. Kriesel to develop job description for next meeting.
On behalf of the staff, Community Development Director Russell presented a plant to Council in
appreciation of the new facilities and in commemoration of the first meeting in the newly
remodeled Chambers.
Motion by Councilmember Zoller, seconded by Councilmember Bealka thanking staff for flowering
plant presented to Council. All in favor.
I) Workshop on Stage 2 Levy Project.
City Engineer Eckles introduced Tom Crump, Army Corps of Engineers, who is project manager
for Stillwater Levee Project. He provided Council with an update of the project stages of repair,
extension from the gazebo to Mulberry Point, and 3-foot flood wall.
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Representatives from neighboring properties (Desch Building, P.D. Pappy's, Stillwater Yacht
Club) were present. Dan Hawkes, Stillwater Yacht Club, and Eric Ingvaldson, representing P.D.
Pappy's, questioned parking areas to be lost, use of boat launch, and time of completion. Mr.
Crump offered to walk the site with them to show where parking will be affected and discuss
time lines.
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City Council Meeting No. 97-25
October 7, 1997
Motion by Councilmember Cummings, seconded by Councilmember Zoller to recess at 6: 15 p.m. All in
favor.
Attest: ~&" 1~, [, It. 0 J..-rr--
City Clerk
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City Council Meeting No. 97-25 October 7,1997
CITY OF STILL WATER
CITY COUNCIL MEETING NO. 97-25
(' October 7, 1997
RECESSED MEETING 7:00 P.M.
The meeting was called to order by Mayor Kimble at 7:00 p.m.
Present: Councilmembers Bealka, Cummings, Zoller, Thole and Mayor Kimble
Also Present: City Coordinator Kriesel
City Attorney Magnuson
Finance Director Deblon
City Engineer Eckles
Community Development Director Russell
City Clerk Weldon
Press: Julie Kink, Courier
Mike Marsnik, Stillwater Gazette
APPROVAL OF MINUTES
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Motion by Councilmember Cummings, seconded by Councilmember Bealka approving minutes of
September 9, 1997 Special Meeting and September 16, 1997 Regular Meeting.
PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS
I. Commendation and Recognition of George Ness, Stillwater Fire Chief
Mayor Kimble presented two plaques in honor of former Fire Chief George Ness. Family
members Mary, Jennifer and Jessica Ness were present to receive the commendation plaque.
Mayor Kimble also presented the fire department with a plaque honoring the memory of George
Ness. The members of the fire department were present to receive the plaque.
2. Ron Anderson announced his retirement from the Water Board. City Administrator Kriesel, on
behalf of the City, thanked Mr. Anderson for his cooperation and support during his 34 years of
service to the City.
OPEN FORUM
1.
Don McKenzie, 12620 72nd St. N., expressed concerns regarding the anticipated increase in
traffic volume on 72nd St. N. as a result of the Phase I annexation. He requested the City vacate
East 72nd Street from Mid Oaks west to the first driveway.
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Mayor Kimble explained that issue is under examination by City staff and asked City Engineer
Eckles to incorporate Mr. McKenzie's comments into the ongoing study.
2.
Debbie Kohl, 2713 Croixwood Boulevard, stated she is unable to get leaf bags for yard waste;
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City Council Meeting No. 97-25
October 7, 1997
they are unavailable in stores and United Waste did not deliver them as requested. City
Coordinator Kriesel explained the yard waste can be put in plastic bags if United Waste has not
r provided an adequate supply of bags.
CONSENT AGENDA.
Motion by Councilmember Thole, seconded by Councilmember Bealka approving the consent agenda.
Ayes: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble.
Nays: None.
I. Resolution 97-223: Directing Payment of Bills.
2. Hang banner - Trinity Church Yule Fest, November 7-24, 1997
3. Resolution 97-224: Gambling Premises Permit - Stillwater American Legion
4. Ratification of Authorization to dispense - Fall Colors Art & Jazz Festival
5. Contractors License: New: Durand Builders Services, Inc., Durand, WI; C & T Siding, Inc.,
Roberts, WI; Renewals: Blue Fin Pool and Spas, Inc., Minneapolis; Lawrence Sign, St. Paul;
Applegate, Inc., Stillwater; Specialty construction Services, Inc., Fridley.
Hang banners - School District, American Education Week, November 12-24, 1997; City of
Stillwater Chamber of Commerce, Holiday/Winter Decorations, 11/25/97 - 2/2/98
Utility Bill Adjustments
Approving request to attend 27th Educational Conference of the National Institute on Park and
Grounds Management, Parks Dept.
Resolution 97-225: Accepting quotes and awarding contract to First Quality Fence to install new
fence at Lily Lake and Ramsey Park.
Resolution 97-226: Authorizing purchase of office equipment for the Police Department.
Resolution 97-227: Approval of Diane Rollie to Downtown Parking Commission
Resolution 97-228: Approving full-time employment of Shawn Sanders as Civil Engineer
Resolution 97-229: Approving Compensation for City Coordinator
Resolution 97-230: Approving full-time employment ofYu-Jen Wong as Senior Account Clerk.
Resolution 97-231: Approving purchase of office furniture for the Finance Department.
Approving request to hire a temporary worker to fill the vacancy of the Junior Account Clerk.
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PUBLIC HEARINGS
I. This is the day and time for the assessment hearing for 4th Street Ravine Storm Sewer, Project
9726,1.1. 330. Notice of the hearing was placed in the Stillwater Gazette on September 12, 1997
and notices mailed to affected property owners.
City Engineer Eckles outlined the scope of the project. He stated staff will be going to sites
where objections have been raised regarding the properties on the border of the project where
owners have objected on the basis the property drains into area outside of project area.
He also recommended eliminating the assessment on the vacant lot on the Sutherland property
because that property is anticipated to be used by the City for drainage ponding.
(' Councilmember Thole also requested eliminating the lineal foot addition assessment for
properties adjacent to the ravine which had been considered benefitted properties. He did not feel
these properties had any greater benefit than elsewhere in the project.
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City Council Meeting No. 97-25
October 7, 1997
The Mayor opened the public hearing.
I.
Tim Stefan, 807 and 809 North 4th Street, stated opposition to the lineal foot assessment.
2.
Chuck Logan, 713 N. 4th Street, stated storm water is eroding his property; the bottom of the
ravine appears to be shifted towards the southern slope; and his property does not contribute
runoff into the project area. He sees no benefit to his property.
3.
Paul Randall, 218 W. Maple Street, stated a general tax to all in the City should be used to pay
for improvements rather than assessments to property owners.
4.
Chris Lentz, 718 N. 3rd Street, felt the volume of water through the spillway was the cause of the
problem, not their water going into the ravine. He asked Council to reconsider.
5.
Edson Yon, 704 W. Elm Street, stated the water runoff doesn't bother him; it goes behind his
house in the other direction. Council directed staff to investigate if the water from the Yon
property actually drains into the project area or elsewhere.
6.
Ron Kiel, 920 N. 3rd Street, requested clarification on how payment is made on the bill. Mayor
Kimble explained the payment options.
The Mayor closed the Public Hearing, except for those properties with written objections related
to drainage going to the area outside of project and the Edson Yon property.
Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt Resolution 97-233
eliminating the lineal foot assessment, holding out Edson Yon property and written objections related to
drainage area, and adopting assessment roll as amended for 4th Street Ravine Storm Sewer, Project
9726, 1.1. 330.
Ayes: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble
Nays: None
Recess at 8:18. Reconvene at 8:35 p.m.
2. This is the day and time for the assessment hearing for Hazel Street Ravine Storm Sewer, Project
9610,1.1. 321. Notice of the hearing was placed in the Stillwater Gazette on September 12, 1997
and notices mailed to affected property owners.
City Engineer Eckles reviewed the project. The Mayor opened the public hearing.
I. Rick Ruzga, 311 W. Willow, stated his property is not directly benefitted by the project. West
Poplar does not channel as it should; he raised concerns about local drainage through his
property. He felt this should not be considered an emergency project.
Karl Ranum, representing Wolf Marine, questioned if the funding mentioned for restoration work
was available for dredging costs of his client's bay to remove accumulated materials deposited
since the ravine project began. Mayor Kimble stated all landscaping restoration was to be done
within the ravine. Because this was an assessment hearing only, Mr. Ranum was advised to
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City Council Meeting No. 97-25
October 7, 1997
direct further questions to City Attomey Magnuson at a later time.
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3.
Robert Slogar, 2012 Hazel Court, thanked the engineering department and contractor for ajob
well done. He was not opposed to the project or against assessment, but felt the lineal foot
assessment was not reasonable. His property did not contribute to the runoff.
The Mayor closed the public hearing at 9 p.m.
Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution 97-234
eliminating lineal foot assessment, holding out written objections, and adopting assessments as amended
for Hazel Street Ravine Storm Sewer, Project 9610, LJ. 321.
Ayes: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble
Nays: None
3. This is the day and time for the assessment hearing for Croixwood Blvd Street Rehabilitation,
Project 9724, 1.1. 331. Notice of the hearing was placed in the Stillwater Gazette on September
12, 1997 and notices mailed to affected property owners.
City Engineer Eckles summarized the project. He explained the assessment formula was on a per
lot basis.
The Mayor opened the public hearing.
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Ray Poskozim, 2507 Croixwood Boulevard, questioned who issued the specifications for the
project, who will inspect it during construction, and what was the life expectancy of the road.
City Engineer Eckles stated Tim Moore wrote the specifications and would be inspecting the
project.
2. Betty Nelson, 2651 Fairlawn, asked if there was a penalty if the project is not finished on time.
City Engineer Eckles responded there is a Sept 19th deadline with an approximate $200 per day
penalty. She expressed concerns regarding the drainage at her comer.
3. Terry Rodgers, 2504 Croixwood Boulevard, did not feel it was a quality project, communication
on the project was lacking, and unfair for only adjoining property owners to pay when it is used
by all residents in Croixwood.
4. Debbie Kohl, 2713 Croixwood Boulevard, expressed concern that the street will not last ten
years; the previous street only lasted eight years.
The Mayor closed the public hearing at 9:25 p.m.
Councilmember Thole explained that although Croixwood Boulevard has been done twice (last
in 1985), the total assessment to the property owners for the two projects has been equal to or
less than the assessments on streets that have been a one-time project.
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Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt Resolution 97-235
adopting assessments for Croixwood Blvd. Street Rehabilitation, Project 9724, LJ. 331.
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City Council Meeting No. 97-25
October 7, 1997
Ayes: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble
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4. This is the day and time for the assessment hearing for 1997 Street Improvements, Project 9716,
1.1. 328. Notice of the hearing was placed in the Stillwater Gazette on September 12, 1997 and
notices mailed to affected property owners.
City Engineer Eckles summarized the project and estimated costs. He reported the project was
designed by Shawn Sanders and Tim Moore is the project coordinator. Mr. Moore updated
Council on the schedule, stating the final coat of blacktop will be done next spring. He also
noted a waiver was received from a property owner on Marsh St. for a new sidewalk on property
where none currently exists. This is shown as a sidewalk assessment on roll under project 9716-
1, 1.1. 328-1.
The Mayor opened the public hearing.
I. Pat Cartoney, 1302 S. 1st Street, questioned when her driveway entry would be completed;
currently she must park in the street. Mr. Moore stated he would speak with the contractor
tomorrow.
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2. Richard Emanuelson, 1017 S. 2nd Street, objected to the sidewalk assessment on the basis he
had requested the sidewalk on Hancock not be removed; it had been in excellent condition prior
to the water service construction. He felt the removal of 20' was urmeccessary. Council
directed this item be held out for further consideration at next meeting.
3. Adam Nelson, 205 E. Marsh, questioned the impact on the tar put down by the heavy trucks
crossing the new tar for sidewalk work. Staff reported any necessary patching will be done and a
new layer will be applied. He also questioned the 2 1/2 ft. drop on his property, asking if that
will have to be cut back. Mayor Kimble asked Mr. Nelson to contact the Engineering Dept.
4. Zbigniew Wieckowski, 717 S. 2nd St., asked for clarification on how payments are to be
made.
The Mayor closed the public hearing.
Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt Resolution 97-236
holding out Emanuelson written objection, and adopting assessments as amended for 1997 Street
Improvements, Project 9716, 1.1. 328.
Ayes: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble
Nays: None
Recessed at 10: I 0 p.m. and Reconvened at 10:25 p.m.
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5.
Case No. SUB/97-47. This is the day and time for the public hearing to consider a request for a
subdivision from Jon Whitcomb for a subdivision of Lot 3, Block 21, Carli and Schulenberg's
Addition to create a 100 x 75 foot lot fronting St. Croix Avenue in the RB, Two FamilY'
Residential District. Notice of the hearing was placed in the Stillwater Gazette on September 26,
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October 7,1997
1997, and notices mailed to affected property owners.
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Community Development Director Russell reviewed the request. He explained the Planning
Commission reviewed the project using the East St. Croix Street side of the residence as the front
property line and the rear as the north property boundary; the 75 feet width and 100 feet depth
requirements are met. If the front of the residence is considered N. 2nd Street (as it appears), the
depth requirement is 75 feet, 100 feet required and the frontage requirement is exceeded by 25
feet. Planning and staff indicated the proposal meets the lot width and depth requirements
although the house is oriented to N. 2nd St.
City Attorney Magnuson stated the issue is what side of the lot is the front. Policy indicates it
should technically have an E. St. Croix address.
The Mayor opened the public hearing.
I. Jon Whitcomb, applicant, stated the request meets all city requirements and was approved by
the Planning Commission.
2. Randy Zalmer, 1211 N. 3rd St., stated that although the house right on the corner was
"grandfathered in", the addition of another house would make it too crowded. He expressed
concern regarding the steeply sloped area and drainage problems.
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3. Tom Furst, 1311 N. 3rd St., stated the street is undersized; a new house would need a
driveway, not street parking. He was also concerned with possible drainage issues.
Councilmember Thole explained off-street parking cannot be a condition of approval.
The Mayor closed the public hearing.
City Attorney Magnuson stated the removal of the porch takes care of the sideyard setback
requirements and drainage plan approval by the City Engineer will address drainage concerns.
Council determined the request meets the standards of the ordinance and there is no basis for
denial. Approval would include Planning Commission conditions of approval.
Motion by Councilmember Zoller, seconded by Councilmember Cummings to adopt Resolution 97-237
approving subdivision of Lot 3, Block 21, Carli and Schulenberg's Addition to create a 100 x 75 foot lot
fronting St. Croix Avenue in the RB, Two Family Residential District, Case No. SUB/97-47, as
conditioned.
Ayes: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble
Nays: None
Following hearings taken out of agenda order:
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This item listed as No.7 on the a~enda.
Case No. ZAT/97-1. This is the day and time for the public hearing to consider a request for a
zoning ordinance text amendment from the City of Stillwater allowing second detached
accessory residential units in the Duplex Residential District, RB, if certain conditions are met.
Notice of the hearing was placed in the Stillwater Gazette on September 26, 1997. First reading
9/16/97)
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The Mayor opened the public hearing.
I. Karl Ranum, applicant, requested clarification regarding sewer and water connection.
Community Development Director Russell stated it would meet his existing line. Mr. Ranum
urged approval.
The Mayor closed the public hearing.
Motion by Councilmember Thole, seconded by Councilmember Cummings to have second reading of
Ordinance No. 850, adding requirements for accessory dwelling units.
Ayes: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble
Nays: None
Next item taken out of order (Fischer Bros Lumberjack shows).
This item listed as No. 10 on the agenda.
Case No. SUPN /97-49. This is the day and time for the public hearing to consider an appeal
from the Planning Commission denial by Jim Fischer for a special use permit and variance to
parking for the Fischer Brothers Lumberjack Shows located at 501 North Main Street in the
CBD, Central Business District. Notice of the hearing was placed in the Stillwater Gazette on
September 26, 1997, and notices mailed to affected property owners.
Community Development Director Russell reviewed the request, stating the Planning
Commission and Design Review Committee approved the design with minor revisions.
Planning Chair Fontaine explained the denial was based on parking concerns and noise.
The Mayor opened the public hearing.
I. Jim Fischer, applicant, explained his request, stating the show would be done by evening and
bleacher areas would be constructed in a manner to enclose the noise. He did not feel the shows
would have a negative impact on parking.
2. Larry Lappi, expressed concerns regarding noise control.
3. Charles Clausen, parent of two children involved in the sport of log rolling, urged approval.
He stated lumberjacks are a symbol of Stillwater, what the City stands for. This program would
be clean family fun.
4. Brent Peterson, 502 W. Churchill, historian, and HPC member, expressed his support for
approval. He felt there was plenty of parking and the noise of diesel trains and traffic would be
greater than the noise from the program. He stated lumberjack shows are a sport, not just
entertainment. He asked the Council to bring heritage back to the downtown, and bring the
Stillwater people to downtown.
The Mayor closed the public hearing.
Council determined approval would be contingent upon Planning and HPC conditions of
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October 7, 1997
approval and noise levels must be kept within PCA and City ordinance regulations. If in
substantial violation of the conditions, the permit will not be renewed.
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Motion by Councilmember Cummings, seconded by Councilmember Bealka approving special use
permit and variance to parking for the Fischer Brothers Lumberjack Shows located at 501 North Main
Street in the CBD, Central Business District, as conditioned.
Ayes: Councilmembers Cummings, Bealka and Mayor Kimble
Nays: Councilmembers Thole and Zoller
Thi$ item listed under NEW BUSINESS on the allenda'
Request for No Parking - Stillwater Avenue West ofOrlean Street.
A petition was received from residents on Meadowview Drive and Stillwater A venue requesting
the alleviation of problems with sight distances for vehicles exiting from Stillwater A venue onto
Owens St.
Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution 97-239
directing staff to place "No parking from here to corner" signs on all sides of intersection of Owens St.
and Stillwater Avenue, paint all curbs yellow around the corners, and work with Washington County to
remove lilac bush that is obstructing vision.
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Ayes: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble
Nays: None
This item listed as No. lion the allenda.
Case No. V/97-47. This is the day and time for the public hearing to consider an appeal from the
Planning Commission denial by Brenda Koller for a variance to the front and street side yard
setbacks for the construction of a 24 x 30 foot attached garage at 703 West Willard Street in the
RB, Two Family Residential District. Notice of the hearing was placed in the Stillwater
Gazette on September 26, 1997, and notices mailed to affected property owners.
Taken out of order (after New Bus. No.1, request for no parking)
Planning Chair Fontaine explained the Commission denied the application because it did not feel
the request met the hardship requirements. The appeal is modifying the request to a 24 x 24 foot
garage.
Motion by Councilmember Thole, seconded by Councilmember Bealka approving variance to the front
and street side yard setbacks for the construction of a 24 x 24 foot attached garage at 703 West Willard
Street in the RB, Two Family Residential District, as conditioned by Planning Commission. All in
favor.
Recessed at 11 :35 p.m. Reconvened at 11 :45 p.m.
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This item listed as No.6 on the allenda.
Case No. ZAM/97-2. This is the day and time for the public hearing to consider a request for a
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City Council Meeting No. 97-25
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zoning map amendment from Michael Borum for a zoning amendment changing the zoning
designation for property at 610 North Main Street from RB Duplex Residential to CBD Central
Business District. Notice of the hearing was placed in the Stillwater Gazette on September 26,
1997, and notices mailed to affected property owners. (Second reading of ordinance; first reading
9/16/97)
(Taken after Public Hearing No. 11)
The Mayor opened the public hearing. There were no requests to be heard. The Mayor closed
the public hearing.
Motion by Councilmember Thole, seconded by Councilmember Cummings to have second reading of
Ordinance No. 849 amending the zoning ordinance by changing the zoning classification of part of
former territorial prison to CBD, Central Business District.
Ayes: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble
Nays: None
This item listed as No.8 on the a.l1enda.
Case No. ZAT/97-2. This is the day and time for the public hearing to consider a request for a
zoning ordinance text amendment from the City of Stillwater limiting development in and around
steeply sloped areas. Notice of the hearing was placed in the Stillwater Gazette on September 26,
1997. (Second reading of ordinance; first reading 8/19/97)
r The Mayor opened the public hearing. There were no requests to be heard. The Mayor closed
the public hearing.
Motion by Councilmember Thole, seconded by Councilmember Bealka to have second reading of
Ordinance No. 846 amending zoning ordinance by prohibiting development of slopes.
Ayes: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble
Nays: None
This item listed as No.9 on the allenda.
Case No. ZA T/97-3. This is the day and time for the public hearing to consider a request for a
zoning amendment from the City of Stillwater regulating the placement and design of radio
frequency transmission towers and antennas throughout the city. Notice of the hearing was
placed in the Stillwater Gazette on September 26, 1997. (First reading of ordinance 9/16/97)
Community Development Director Russell reported the Planning Commission held a public
hearing on the draft tower/antenna ordinance. A subcommitte was formed to meet with
interested providers, with Sprint, AT&T, and American Portable Telcom attending. The draft
ordinance before Council is a result of those meetings. He also noted a letter from Peter Coyle of
Larkin, Hoffman, Daly & Lindgren, commenting on the current draft ordinance was in the
Council packet.
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The Mayor opened the public hearing.
I. Peter Beck, AT&T Wireless, presented comments regarding specific sections of the draft
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City Council Meeting No. 97-25
October 7, 1997
ordinance related to height limits, set backs, residential districts, co-locations and landscaping.
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City Attorney Magnuson requested the issue be tabled to a later meeting to provide time for
additional comments.
Motion by Councilmember Thole, seconded by Councilmember Bealka to table the possible second
reading of ordinance amending the city zoning ordinance regulating commercial use towers and
antennas. All in favor.
12. Case No. V/97-48. This is the day and time for the public hearing to consider an appeal from the
Planning Commission denial by Ankeny Kell Architects for the City of Stillwater for a variance
to the setback (75 feet required, 40 feet proposed) and building height (70 feet proposed, 40 feet
allowed) requirements for the construction of an ice arena and air dome located at 2305 West
Orleans (across from the senior center) in the BP-O, Business Park Office and BP-I, Business
Park Industrial Districts. Notice of the hearing was placed in the Stillwater Gazette on October
1, 1997, and notices mailed to affected property owners.
Motion by Councilmember Cummings, seconded by Councilmember Thole to table the appeal from the
Planning Commission denial by Ankeny Kell Architects for the City of Stillwater for a variance to the
setback and building height requirements for the construction of an ice arena and air dome located at
2305 West Orleans to October 14, 1997. All in favor.
UNFINISHED BUSINESS
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Awarding contract for Bond Counsel (continued from 9/16/97)
A memo was received from Finance Director Deblon stating requests for proposals for bond
counsel services were sent out to eight legal fmns; five responded. All were reviewed and
evaluated as to the firm's experience. Dorsey & Whitney has a high level of experience as bond
counsel both in Minnesota and nationally. Ms. Deblon recommended Dorsey & Whitney be
appointed as the city's bond counsel.
Motion by Councilmember Cummings, seconded by Councilmember Bealka to adopt Resolution 97-
238 appointing Dorsey & Whitney as the City's bond counsel.
Ayes: Councilmembers Zoller, Thole, Cummings and Bealka
Nays: Mayor Kimble
2. Possible second reading of ordinance amending City Code, Chapter 29, Sewer Service Charges
(first reading July 15, 1997)
City Coordinator Kriesel reported this amendment added specificity to when rate changes are
made which related to adjustments to residential conversions from one type of housing unit
density to another (e.g., duplex to single) and for new accounts.
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Motion by Councilmember Thole, seconded by Councilmember Cummings to have second reading of
Ordinance No. 842 amending City Code, Chapter 29, Sewer Service Charges.
Ayes: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble
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Nays: None
3.
Possible second reading of ordinance amending City Code, Chapter 30, Garbage and Rubbish
(frrst reading July 15, 1997)
City Coordinator Kriesel stated this added language to include the $5 per month "snowbird rate"
for residents that leave the city for 90 days or more and pertaining to storage of containers and
placement at curbside after 5 p.m. the day before collection and by 6 a.m. on day of collection.
Motion by Councilmember Thole, seconded by Councilmember Cummings to have second reading of
Ordinance No. 843 amending City Code, Chapter 30, Garbage and Rubbish.
Ayes: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble
Nays: None
4. Set special meeting for October 14, 1997 to receive bids for Sports Complex.
Motion by Councilmember Thole, seconded by Councilmember Bealka to set special Council meeting
for October 14, 1997 to receive bids for Sports Complex. All in favor.
NEW BUSINESS
1.
Request for No Parking - Stillwater Avenue West ofOrlean Street.
(Action taken earlier in meeting)
2.
Approval of consultant services for development and review of expansion area greenways, parks,
trails and open space plans.
Community Development Director Russell requested authorization to hire Herb Baldwin, LA, to
assist staff with review and development of greenway plans.
Motion by Councilmember Cummings, seconded by Councilmember Bealka to refer consultant services
contract with Herb Baldwin, LA for landscape architectural services for expansion area to Park Board
for review and recommendation.
Ayes: Councilmembers Cummings and Bealka
Nays: Councilmembers Thole, Zoller and Mayor Kimble
Mr. Russell stated it was critical at this point to have the service and input into the current
projects. Council directed that Mr. Baldwin receive input from the Park Board and work with
them on the development of the plans.
Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt Resolution 97-240
approving contract with Herb Baldwin, LA for landscape architectural services for expansion area
greenways, open space and pathway planning, at a cost not to exceed $10,000.
Ayes: Councilmembers Zoller, Thole, Cummings and Mayor Kimble
Nays: Councilmember Bealka
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City Council Meeting No. 97-25
October 7, 1997
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3. Adopting Assessment for L.l. 327, Yacht Club Dredging and Wall.
Motion by Councilmember Zoller, seconded by Councilmember Thole, to adopt Resolution 97-241
adopting Assessment for 1.1. 327, Yacht Club Dredging and Wall.
Ayes: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble
Nays: None
4. Adopting Assessment for 1.1. 279-5, Water Service.
City Coordinator Kriesel reported the Water Board had requested this item be tabled.
Motion by Councilmember Thole, seconded by Councilmember Bealka to table the adoption of
Assessment for 1.1. 279-5, Water Service, at request of the Water Board. All in favor.
5. Adopting Assessment, Delinquent Utilities Local Improvement No. 001
Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution 97-242
adopting Assessment for Delinquent Utilities 1.1. No. 00 I .
Ayes: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble
Nays: None
PETITIONS. INDMDUALS. DELEGATIONS & COMMENDATIONS (continued)
COMMUNICA TIONS/REOUESTS
I. Letters regarding signage for businesses in the Stillwater Market place;
a) Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P.; b) Urban Associates, Inc.
Robert Briggs of Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P, representing business
owners at Stillwater Market Place, asked Council to initiate action to allow signage on the rear of
buildings in Stillwater Market Place advertising to Co. Rd. 5.
The owner of Blimpies and Bridgemans said he received numerous comments from Stillwater
residents at Lumberjack Days that they didn't know the business existed in Stillwater. Without
signage, there is no visibility from Co. Rd. 5.
Motion by Councilmember Thole, seconded by Councilmember Cummings directing Planning
Commission to amend the West Business Park Plan and sign ordinance to accommodate request for
additional signage for businesses in Stillwater Market Place. All in favor.
2. Lease of Engine #328.
Motion by Councilmember Thole, seconded by Councilmember Bealka to table discussion of lease of
Engine #328. All in favor.
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City Council Meeting No. 97-25
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AD.TOURNMENT
Motion by Councilmember Thole, seconded by Councilmember Bealka to adjourn at 12:23 p.m. All in
favor.
cf~
Attest: ~ j. {" J, hI,"""
ity Clerk
Resolution 97-223: Directing Payment of Bills.
Resolution 97-224: Gambling Premises Permit - Stillwater American Legion.
Resolution 97-225: Accepting quotes and awarding contract to First Quality Fence to install new fence
at Lily Lake and Ramsey Park.
Resolution 97-226: Authorizing purchase of office equipment for the Police Department.
Resolution 97-227: Approval of Diane Rollie to Downtown Parking Commission.
Resolution 97-228: Approving full-time employment of Shawn Sanders as Civil Engineer.
Resolution 97-229: Approving Compensation for City Coordinator.
Resolution 97-230: Approving full-time employment ofYu-Jen Wong as Senior Account Clerk.
Resolution 97-231: Approving purchase of office furniture for the Finance Department.
Resolution 97-232: Appointing Robert Barthol as Acting Fire Chief.
Resolution 97-233: Adopting assessment roll as amended for 4th Street Ravine Storm Sewer, Project
9726, L.I. 330.
Resolution 97-234: Adopting assessments as amended for Hazel Street Ravine Storm Sewer, Project
9610,1.1. 321.
Resolution 97-235: Adopting assessments for Croixwood Blvd Street Rehabilitation, Project 9724, 1.1.
331.
Resolution 97-236: Adopting assessments as amended for 1997 Street Improvements, Project 9716, 1.1.
328.
Resolution 97-237: Approving subdivision of Lot 3, Block 21, Carli and Schulenberg's Addition to
create a 100 x 75 foot lot fronting St. Croix Avenue in the RB, Two Family Residential District, Case
No. SUB/97-47, as conditioned.
Resolution 97-238: Appointing Dorsey & Whitney as the City's bond counsel.
Resolution 97-239: "No parking from here to corner" signs on all sides of intersection of Owens St. and
Stillwater Avenue.
Resolution 97-240: Approving contract with Herb Baldwin, LA for landscape architectural services for
expansion area greenways, open space and pathway planning.
Resolution 97-241: Adopting Assessment for 1.1. 327, Yacht Club Dredging and Wall.
Resolution 97-242: Adopting Assessment for Delinquent Utilities 1.1. No. 001.
16