HomeMy WebLinkAbout1997-07-15 CC MIN
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CITY OF STILLWATER
CITY COUNCIL MEETING NO. 97-17
July 15, 1997
SPECIAL MEETING
4:30 P.M.
The meeting was called to order by Mayor Kimble at 4:30 p.m.
Present:
Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
Also present:
City Coordinator Kriesel
City Attorney Magnuson
Parks Director Thomsen
City Clerk Weldon
Administrative Assistant Cordes
Press:
Julie Kink, Courier
Mike Marsnik, Stillwater Gazette
1. Workshop: Local Access Network
Mel Jalmke, Imagineering, Inc., presented design specifications for a comprehensive networking plan
for City Hall.
Admimstrative Assistant Cordes and City Coordinator Kriesel provided additional information on the
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followjng subjects: Information sharing, Washington County connectivity, software upgrades and
standaJdization, cost, and future LAN opportunities.
Motion by Councilmember Cummings, seconded by Councilmember Thole directing preparation of bid
and speciilications for equipment for local area network for City Hall as listed in the Network
infrastructure specifications prepared by Imagineering, Inc., and preparation of agreement with
Imaginee~ng, Inc., for additional services. All in favor.
2. Workshop: 5-year Capital Improvement Program (CIP)
City C~ordinator Kriesel reviewed Part II, Potential Projects, of the proposed 5-year CIP, (Part I,
"oper~tions" was previously adopted by Council.) He explained the CIP is used as a planning tool in
the es blishment of the final budget and for identifying projects that may be constructed if and when
financ al resources become available; the CIP can be modified by Council at any time.
Motion br Councilmember Thole, seconded by Cummings adopting the 5-year Capital Improvement
Program. I All in favor.
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Motion by Councilmember Cummings, seconded by Councilmember Bealka to recess at 5:45 p.m. All
in favor. '
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City Council Meeting No. 97-17
Attest: ----it{ rJI:' I L)' 4I~
City Clerk
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July 15, 1997
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Mayor
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City Council Meeting No. 97-17
July 15, 1997
CITY OF STILLWATER
CITY COUNCIL MEETING NO. 97-17
July 15, 1997
REGULAR MEETING
7:00 P.M.
The meeting was called to order by Mayor Kimble at 7:00 p.m.
Present:
Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
Also present:
City Coordinator Kriesel
City Attorney Magnuson
City Engineer Eckles
Building Inspector Zepper
Community Development Director Russell
City Clerk Weldon
Press:
Julie Kink, Courier
Mike Marsnik, Stillwater Gazette
APPROVAL OF MINUTES
Motion by Councilmember Cummings, seconded by Councilmember Bealka approving the July I, 1997,
Regular and Recessed Meetings and Executive Session. All in favor.
PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS
I. John and Marguerite Rheinberger - Request for City participation for sesquicentennial
commemoration of the August 26,1848, Territorial Convention
John Rheinberger, 818 W. Olive, presented a request for city approval of the formation of a
committee to organize a celebration to be held August 26, 1998, commemorating the holding of the
Minnesota Territorial Convention in Stillwater in 1848. He requested the city act as fiscal agent,
provide $5000 in city funding, and approve the appointment of the following as members of the
organizing committee: Charles Hooley, Gene Bealka, Marguerite Rheinberger, John Rheinberger,
Bob Utecht, and Sharon Mallman.
Motion by Councilmember Thole, seconded by Councilmember Zoller approving request of John
Rheinberger for formation of organizing committee for sesquicentennial celebration of Minnesota
Territorial Convention; authorizing city to act as fiscal agent; and directing staff to investigate possible
funding. All in favor.
Mayor Kimble asked Mr. Rheinberger, who is currently Exalted Ruler ofElks Lodge #179, and Don
Warling, past Exalted Ruler, to join him at the podium for a "surprise" presentation of a Certificate of
Appreciation to Elks Lodge #179 for charitable contributions to the City.
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City Council Meeting No. 97-17
July 15, 1997
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CONSENT AGENDA.
Motion by Councilmember Thole, seconded by Councilmember Bealka approving the consent agenda.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
Nays: None
I. Resolution 97-157: Directing Payment of Bills.
2. Contractors Licenses: Paragon Pools, Willernie, MN; Orlinson Construction, Stillwater, MN; Horak
Inc., Bayport, MN; Bald Eagle Siding, LLC, Vadnais Heights, MN; MCL, LLC, (General
Contractor), Eau Claire, WI; D & H Construction, Coon Rapids, MN.
3. Hang banners: United Way - September 8-0ctober 31, Chestnut St.; City of Stillwater Chamber - of
Commerce, Fall Colors Art Fair, September 22-0ctober 5.
4. Peddlers Permits: Frederick Kalinoff, farm produce at Greeley & Pine; David Engebretson, farm
produce, 4th & Orleans.
5. Authorization to begin Lily Lake Beach picnic area and walkway improvements
6. Resolution 97-158: Employment of Sarah Hamilton as part-time lifeguard
7. Cost Sharing for Brown's Creek Watershed Outlet Monitoring Station
8. Authorization to attend I.C.B.O. Annual Business Meeting - Inspection Dept.
9. Resolution 97-159: Agreement with Equipment Supply, Inc., for HV AC preventive maintenance
r STAFF REPORTS
1. Community Development Director Russell reported a vacancy on the Planning Commission for a
term to expire December 31, 1998. The position was vacated by David Charpentier. The vacancy
will be advertised and appointment made at the September 2, 1997, Council meeting.
Motion by Councilmember Thole, seconded by Councilmember Cummings directing advertisement of
vacancy on Planning Commission. All in favor.
Community Development Director Russell also reported the vacation of drainage and utility
easements was necessary for the subdivision of Parcel A, Block 1, Marketplace 2nd Addition; the
easements would be moved to the northern border.
Motion by Councilmember Thole, seconded by Councilmember Cummings adopting Resolution 97-160
vacating drainage and utility easements, Parcel A, Block I, Marketplace 2nd Additon.
PUBLIC HEARINGS
I. Case No. SUP/97-32. This is the day and time for the public hearing to consider an appeal of the
Planning Commissions decision from Margaret Mitchell for a chiropractic office use in a residential
district, 1055 W. St. Croix Avenue. Notice of the hearing was placed in the Stillwater Gazette on
July 3, 1997, and notices mailed to affected property owners.
r Community Development Director Russell reviewed the request and reported the Planning
Commission based the denial on concerns expressed by the neighbors related to commercial use in
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City Council Meeting No. 97-17
July 15, 1997
r the neighborhood, impacts on traffic and child safety.
The Mayor opened the public hearing.
Margaret Mitchell, applicant, explained her request and asked for approval for one year (September
to September).
Bernie Jordahl, 1115 Amundson Drive, expressed concerns regarding child safety and setting a
precedent for commercial use in the neighborhood.
Margaret Jordahl, 1115 Amundson Drive, stated a business would bring strangers into the
neighborhood.
Ann Cummings, 1060 Amundson Drive, expressed the following concerns: Dr. Mitchell was a renter
and did not pay taxes; the neighborhood is zoned residential, not commercial; the road is
unimproved; and additional traffic creates a safety issue.
Paula Nelson, 1201 Amundson Drive, stated her 17-year old daughter signed the petition supporting
the chiropractic office in the home (circulated by Dr. Mitchell) and also signed her parents' names.
She stated she is opposed to the commercial use of the property, and requested their names be
removed from the petition. She felt the request would not be for "temporary use" but would
eventually become permanent.
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Jeff Hands, 1135 Amundson Drive, expressed strong opposition based on concerns for the safety of
children.
Shelly Michaelis, 1341 Dallager Court, stated she is a local realtor. She reported several commercial
properties are available in the City and a commercial use in the neighborhood could directly affect
the property values of homes in the area.
Judd Orff, property manager for 1055 W. St. Croix Avenue, explained the owner of the property
approves of the commercial use on a temporary basis only and is adamant the use not be permanent.
Riva Nolley, St. Paul, supported Dr. Mitchell's request, stating she is a patient off our years and could
assure the neighbors Dr. Mitchell would operate her business in a clean, quiet manner and would be
respectful of the rights of the neighbors.
Mary Williams, 638 S. Minnesota St., Bayport, spoke to the character of Dr. Mitchell, stating full
support of her request and the need to retain her services in the valley.
The Mayor closed the public hearing.
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Motion by Councilmember Bealka, approving a chiropractic office use in a residential district, 1055 W.
St. Croix Avenue. Died for lack of second.
Motion by Councilmember Bealka, approving a chiropractic office use in a residential district, 1055 W.
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City Council Meeting No. 97-17
July 15, 1997
St. Croix A venue for 8 months (Sept. - May). Died for lack of second.
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Motion by Councilmember Cummings, seconded by Councilmember Zoller denying appeal for a
chiropractic office use in a residential district, 1055 W. St. Croix Avenue.
2-3 (Thole, Kimble, Bealka - nay) Motion Failed.
Motion by Councilmember Thole, seconded by Councilmember Zoller approving a chiropractic office
use in a residential district, 1055 W. St. Croix Avenue, September-January, with no option for renewal.
1-4 (Bealka, Cummings, Kimble, Zoller - nay) Motion Failed.
Recessed at 8:15 p.m. Reconvened at 8:30 p.m.
Motion by Councilmember Bealka, seconded by Councilmember Thole approving a chiropractic office
use in a residential district, 1055 W. St. Croix Avenue from Sept. 1 - March 1, 1997, three days per
week, 10 a.m. - 3 p.m., to sunset March 1,1997. 4-1 (Cummings - nay)
2. Croixwood Boulevard Street Rehabilitation Project, Job No. 9724. This is the day and time for the
public hearing to consider the making of a street rehabilitation improvement on Croixwood
Boulevard between County Road 5 to Northland Boulevard, pursuant to Minnesota Statutes, Sections
429.011 to 429.111. The area proposed to be assessed for such improvement is properties abutting
Croixwood Boulevard between County Road 5 to Northland Boulevard. Estimated cost of
improvements is $130,000. Notice of the hearing was placed in the Stillwater Gazette on July 3,
1997, and July 11, 1997, and notices mailed to affected property owners.
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City Engineer Eckles reviewed the proposed project and funding options.
The Mayor opened the public hearing.
Gene Buck, 2511 Croixwood Blvd. requested defmition of "collector street". City Engineer Eckles
stated Croixwood Blvd. was close to being a collector street in that it carries more traffic than normal
residential street. He explained Croixwood was designed for heavier traffic; the base layer was still
intact, but the overlay was in bad condition.
Raymond Poskozim, 2507 Croixwood Blvd., read the letter he sent to Council citing concerns with
the method of assessing, the history of Croixwood Boulevard, and road maintenance.
Terry Rodgers, 2504 Croixwood Blvd., stated he did not feel the adjoining residents should pay for
maintaining the street when it is used as a route by all Croixwood residents and for heavy
construction equipment traveling to other sites; the burden should be shared. He felt two assessments
in 10 years to.be unreasonable.
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Ray Dombrowe, 2337 Croixwood Blvd., also felt the burden of cost should be shared. During the
reconstruction of side streets in Croixwood last year, all traffic was directed through Croixwood
Blvd., delaying repair to Croixwood Blvd. and further beating up the street.
Debbie Kohl, 2713 Croixwood Blvd. requested all trucks be kept off the road or have everybody pay
through a road fund.
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City Council Meeting No. 97-17
July 15, 1997
Bette George, 2672 Fairlawn Drive, questioned why everybody wasn't assessed for Croixwood
Blvd., because they used the street as much as she did and she didn't use other people's streets.
Becky Radell, 2719 Croixwood Blvd., expressed dissatisfaction that streets are fixed and then torn up
to put in pipe.
Ralph Germain, 603 Hillside Blvd., stated contractors should guarantee their work or the City should
look for other contractors.
The Mayor closed the public hearing.
Council directed the assessment be at approximately 55%.
Motion by Councilmember Cummings, seconded by Councilmember Thole adopting Resolution 97-161
ordering Improvement and Preparation of Plans & Specifications for Croixwood Blvd. Rehabilitation
Project, Job No. 9724.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
Nays: None
Motion by Councilmember Cummings, seconded by Councilmember Thole adopting Resolution 97-162
approving plans and specifications and ordering advertisement for bids for Croixwood Blvd.
Rehabilitation Project, Job No. 9724.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
Nays: None
Recessed at 9:35 p.m. Reconvened at 9:50 p.m.
3. Case No. V/97-28. This is the day and time for the public hearing to consider a request for a variance
to the front yard setback (30 feet required, 15'3" requested) for construction ofa two story, 2000 sq.
ft. addition to an existing single family residence at 2318 Boom Road in the RA, One Family
Residential District and Bluffland/Shoreland Overlay District. William C. Messner, applicant.
Notice of the hearing was placed in the Stillwater Gazette on June 20,1997, and notices mailed to
affected property owners. (Continued from 7/1/97; request to continue to 8/15/97)
Community Development Director Russell reported the applicant has requested a continuance until
the August 18 meeting to consider additional remodeling options.
Motion by Council member Thole, seconded by Councilmember Bealka continuing request for a
variance to the front yard setback at 2318 Boom Road, Case. SUP/97-32, to August 15,1997. All in
favor.
4. This is the day and time for the public hearing to consider the reconveyance of the west Y, of Lot 4,
Sunnyslope Lane property to Washington County. Notice of the hearing was placed in the Stillwater
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City Council Meeting No. 97-17
July 15, 1997
Gazette on June 20, 27 and July 3 and 11, 1997.
City Attorney Magnuson reported the intent to reconvey this parcel to Washington County had been
published as directed by Council and required by the City Charter. He explained this was necessary
to allow for the sale of the property because it was a tax forfeit parcel. The City is only allowed to
use tax forfeit property for public use; the city cannot sell tax forfeit parcels.
The Mayor opened the public hearing.
Edna Johnson, 213 Birchwood, stated she had no objection to the request to purchase the land to
build a garage; however, they had made a similar request earlier and told it could not be subdivided
by the city.
After clarification, it was determined the lot under consideration was not the parcel she had earlier
inquired about purchasing. The Mayor explained she could request the same process for
reconveyance to the County as was being done for the parcel under consideration by the Council.
The Mayor closed the public hearing.
Motion by Councilmember Thole, seconded by Councilmember Cummings adopting Resolution 97-163
approving the reconveyance of the west Y, of Lot 4, Sunnyslope Lane property to Washington County.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
Nays: None
UNFINISHED BUSINESS
I. Second reading of Ordinance 840 amending the zoning ordinance by changing zoning classification
of newly annexed land.
Community Development Director Russell reported the zoning reclassification will make the district
consistent with the Comprehensive Plan. The language has been approved by the Joint Town/City
Board.
Motion by Councilmember Bealka, seconded by Councilmember Zoller second reading of Ordinance
840 amending the zoning ordinance by changing zoning classification of newly annexed land.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
Nays: None
2. Approval of AUARlMitigation Plan
Sherry Buss, Bonestroo Rosene Anderlik & Assoc., reviewed the AUARlMitigation Plan,
summarized the comments received and the answers to the comments.
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City Council Meeting No. 97-17
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Motion by Councilmember Thole, seconded by Councilmember Cummings approving AUAR document
and directing it be forwarded to the Environmental Quality Board. All in favor.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
Nays: None
NEW BUSINESS
1. Approving plans and specifications and ordering advertisement for bids, Croixwood Boulevard Street
Rehabilitation, Job No. 9724. (Action taken directly following pubic hearing ordering the
improvement.)
2. Request for emergency repair work - Hazel Street Ravine
City Engineer Eckles reported the Hazel Street Ravine has badly eroded during the past two storm
events. He explained Council could declare an emergency which would allow staff to proceed with
repairs using day labor contractor services and city resources as necessary.
Council determined emergency repairs should be made without later assessment possibility, and all
other repairs are to follow the 429 assessment process.
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Motion by Councilmember Thole, seconded by Councilmember Zoller adopting Resolution 97-164
declaring an emergency and directing Staff to proceed with emergency repairs to Hazel Street Ravine
and setting public hearing for August 19, 1997, for the remainder of the Hazel Street Ravine Erosion
Project, Job No. 9609.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
Nays: None
3. First reading of ordinance amending City Code, Chapter 29, Sewer Service Charges
City Coordinator Kriesel reported the present sewer and garbage ordinances do not specifically
address adjustments to accounts for conversions of residences from multi-family to lesser units. He
requested the ordinance be amended by adding appropriate language.
Motion by Councilmember Thole, seconded by Councilmember Cummings first reading of ordinance
amending City Code, Chapter 29, Sewer Service Charges. All in favor.
4. First reading of ordinance amending City Code, Chapter 30, Garbage and Rubbish
Motion by Councilmember Thole, seconded by Councilmember Cummings first reading of ordinance
amending City Code, Chapter 30, Garbage and Rubbish. All in favor.
r 5. First reading of ordinance amending City Code, Sale of Tobacco Products
City Attorney Magnuson reported significant changes to our ordinance are necessary because of
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City Council Meeting No. 97-17
July 15, 1997
recent legislative changes. He requested a first reading at this time, with a second reading August 19
which would allow for a 30-day notice to license holders.
Motion by Councilmember Thole, seconded by Council member Bealka first reading of ordinance
amending City Code, Sale of Tobacco Products. All in favor.
COMMUNICA TIONS/REOUESTS
1. James Laskin, City of Stillwater Chamber of Commerce - Request for letter of endorsement for
historic directional signs
Motion by Councilmember Thole, seconded by Councilmember Cummings directing staff to write letter
of endorsement to MnDOT supporting the request of City of Stillwater Chamber of Commerce for
installation of historic directional signs on 194 and Highways 95 and 36. All in favor.
STAFF REPORTS (continued)
City Engineer Eckles presented the proposal from Service Environmental Engineering Corporation
for the preparation of Phase I Environmental Study for the Aiple property for a lump sum fee of
$1600.
Motion by Councilmember Bealka, seconded by Councilmember Thole adopting Resolution 97-165
accepting proposal and approving contract with Service Environmental Engineering Corporation for the
preparation of Phase I Environmental Study for the Aiple property.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
Nays: None
City Attorney Magnuson presented the Findings of Fact, Conclusions of Law and Order regarding the
July 1, 1997 denial by Council of the application of John Whitcomb for a special use permit for
residential use and a variance to Stillwater parking ordinance requirements at 124 S. 2nd Street.
Motion by Councilmember Thole, seconded by Councilmember Cummings adopting Resolution 97-166
adopting Findings of Fact, Conclusions of Law and Order regarding denial of application of John
Whitcomb for a special use permit for residential use and a variance to Stillwater parking ordinance
requirements at 124 S. 2nd Street.
Ayes: Council members Bealka, Cummings, Thole, Zoller and Mayor Kimble
Nays: None
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City Council Meeting No. 97-17
July 15, 1997
ADJOURNMENT
Motion by Councilmember Thole, seconded by Councilmember Bealka to adjourn at 10:30 p,m. All in
favor.
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Attest:
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Clerk
Resolution 97-157: Directing Payment of Bills.
Resolution 97-158: Employment of Sarah Hamilton as part-time lifeguard.
Resolution 97-159: Agreement with Equipment Supply, Inc., for HV AC preventive maintenance.
Resolution 97-160: Vacating drainage and utility easements, Parcel A, Block I, Marketplace 2nd Add.
Resolution 97-161: Ordering Improvement and Preparation of Plans & Specifications for Croixwood
Blvd. Rehabilitation Project, Job No. 9724.
Resolution 97-163: Approving the reconveyance of the west Y, of Lot 4, Surmyslope Lane property to
Washington County.
Resolution 97-164: Declaring an emergency and directing Staff to proceed with emergency repairs to
Hazel Street Ravine and setting public hearing for August 19, 1997, for the remainder of the Hazel Street
Ravine Erosion Project, Job No. 9609.
Resolution 97-165: Accepting proposal and approving contract with Service Environmental Engineering
Corporation for the preparation of Phase I Environmental Study for the Aiple property.
Resolution 97-166: Adopting Findings of Fact, Conclusions of Law and Order regarding denial of
application of John Whitcomb for a special use permit for residential use and a variance to Stillwater
parking ordinance requirements at 124 S. 2nd Street.
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