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HomeMy WebLinkAbout1992-03-17 CC MIN c REGULAR MEETING . STILLWATER CITY cbUNCIL MINUTES March 17, 1992 7:00 p.m. The meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Comm. Dev. Director Russell Public Safety Director Mawhorter Public Works Director Junker Consulting Engineer Moore Finance Director Deblon Recording Secretary Schaubach Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Mark Herwig, st. Croix Valley Press Others: Jack Evert, Jim, Kay, Pearson, Jim Blichtfelt, Nolde, and David Brekke and Pat Anderson, Dave Bill Lecuyer Jr., Tim r APPROVAL OF MINUTES Motion by Farrell to meetings of Councilmember approve the March 4, 1992 Bodlovick, seconded by Councilmember minutes of the regular and recessed as presented. (All in favor) STAFF REPORTS 1. Police Chief - No report. 2. Finance Director - Correctina the Assessment on LaI. 278 Motion by Councilmember Funke, seconded by Councilmember Farrell to adopt the appropriate resolution deleting an assessment of $340 from P.I.D. 111155-2650 and reassessing the amount to P.I.D. 19296-4000. (Resolution No. 92-50) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim, and Mayor Abrahamson Nays - None r ADDlication for abatement of taxes - Motion by Councilmember Farrell, Bodlovick to deny the application P.I.D. 111175-2200. (All in favor) Cottaaes of Stillwater seconded by Councilmember for abatement of taxes on I ~ Stillwater City Council Minutes Regular Meeting March 17, 1992 1991 EXDenditures and Transfers Motion by Councilmember Bodlovick, Funke to approve the transfers recommended by the Finance Director. seconded by Councilmember for fiscal year 1991 as (All in favor) Ms. Deblon informed Council that there has been a court- ordered reduction in value of the Lowell Inn of approximately $650,000, which resulted in a loss of tax increment in TIF District No.2 of approximately $30,000. 3. Public Works Director - Reauest for Dead-End Sian Motion by Councilmember BOdlovick, seconded by Councilmember Opheim to adopt the appropriate resolution approving the request for a Dead End sign on Lookout Street at Birchwood. (Resolution No. 92-51) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim, and Mayor Abrahamson Nays - None r Mr. Junker informed Council that a no parking sign will be put up in the river lot parking lot next to the fire hydrant, resulting in the loss of one parking space. Council denied Mr. Junker's request for one part-time employee, but approved the use of "Sentence to Serve" labor. 4. Citv Coordinator ADDrove Dosting of Sergeant vacancv in Police DeDartment Motion by Mayor Abrahamson, seconded by Councilmember Funke to approve the posting of the vacancy of sergeant in the Police Department, and determine at a later time if this is an acting or a permanent position. (All in favor) Mr. Kriesel requested that the special meeting scheduled for Tuesday, March 24, at 4:30 p.m. be changed to Tuesday, March 31, at 4:30 p.m. Council concurred. Resolution Honoring Chief Mawhorter Mayor Abrahamson read Resolution No. 92-48 honoring Chief David Mawhorter upon his resignation as Police Chief. Motion by CouncilmemberBodlovick, seconded by Councilmember Funke to adopt the appropriate resolution honoring Chief Mawhorter. (Resolution No. 92-48) (' Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim, and Mayor Abrahamson Nays - None 2 (' Stillwater City Council Minutes Regular Meeting March 17, 1992 INDIVIDUALS. DELEGATIONS & PETITIONS 1. Jack Evert - Discussion of Reaulation of Citv Owned Land. Hr. Evert appeared before Council on behalf of the Charter Commission. He explained a proposed Charter amendment being considered by the Commission which would regulate the disposition of City owned land. He asked for the Council's approval to present the proposal to the various City boards and committees for input on the proposal. Hayor Abrahamson stated that he believes it is a conflict of interest for the City Attorney to be working with the Charter Commission. Mr. Evert agreed that it may be unfair. Councilmember Funke suggested that the Charter proposal be tabled until the three new members are to the Charter Commission in May. amendment appointed r Motion by Councilmember Opheim, seconded by Councilmember Farrell to authorize the Charter Commission to discuss the proposed Charter amendment with the City'S various boards, committees, and staff with the understanding that no action will be taken until after the new Commission members are appointed. (Ayes - 2; Nays - 3, Councilmembers Bodlovick, Funke, and Mayor Abrahamson) Councilmember Funke submitted four letters Attorney from citizens who are interested in Commission openings. to the the City Charter Motion by Councilmember Opheim, seconded by Councilmember Farrell to authorize the Charter Commission to contact the City's boards, committees, and staff after the three new members are appointed in May. (All in favor) Mayor Abrahamson asked the City Attorney process of changing from a Charter City to a Mr. Magnuson stated that it would have referendum. to explain the Statutory City. to come under PUBLIC HEARINGS r 1. This is the day and time for the Public Hearing to consider a Variance request to the Parking Ordinance to convert a residential use to an office use on the second story of a structure located at 226 E. Myrtle st. in the CBD, Central Bus. Dist.; Case No. V/92-7, James & Katherine Anderson, Applicants. Notice of the hearing was published in The Courier on March 5, 1992 and mailed to affected property owners. Mr. Russell stated three parking spaces are required, and the 3 r , stillwater City Council Minutes Regular Meeting March 17, 1992 applicant does not wish to provide additional parking spaces on site. Planning Commission Chairman Fontaine stated that the Commission unanimously recommended approval of the variance because there will be no additional employees and therefore no increased parking demand. Also, the applicant intends to improve the site. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to approve the Variance to the Parking Ordinance to convert the second story of a structure from a residential use to an office use on the second story of a structure located at 226 E. Myrtle st. in the CBD, Central Bus. Dist.; Case No. V/92-7, James & Katherine Anderson, Applicants. (All in favor) r 2. This is the day and time for the consideration of the making of improvements for L.I. 282, Green Twig Way, including sanitary sewer, watermain, streets, storm sewer and all appurtenances located northeasterly of Eagle Ridge Trail, northerly of the Minneapolis-St. Paul abandoned suburban railway & south of Eagle Ridge Lane, adjacent to the sanitary sewer easement for the Oak Glen area and McKusick Lake. Notice of the hearing was published in The Courier on March 5 & March 12, 1992 and mailed to affected property owners. Consulting Engineer Hoore presented the feasibility report. The project would cost an estimated $105,200 and would be assessed to the five afftected lots. David Brekke, 645 Eagle Ridge Trail, adjacent to Gree Twig Way, requested that curb and gutter be installed along a 200- foot portion of Eagle Ridge Trail to control the drainage and erosion problem on his property. Hr. Hoore estimated that this cost would be approximately $1,500 to $1,700, to be assessed to Hr. Brekke. Hotion by Councilmember Opheim, seconded by Councilmember Funke to adopt the appropriate resolution ordering the improvements for L.r. 282, Green Twig Way, and adding curb and gutter along 200 feet of Eagle Ridge Trail contingent upon an assessment waiver signed by the property owner. (Resolution No. 92-52) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim, and Hayor Abrahamson Nays - None r NEW BUSINESS 1. Reauest from Arthur Palmer. Lowell Inn. for additional TIF funds and City Utility Assistance. Hotion by Councilmember Bodlovick, seconded by Councilmember Funke to inform Mr. Palmer that his request cannot be granted at 4 r stillwater City Council Minutes Regular Meeting March 17, 1992 this time because of a reduction in TIF during a reassessment of the Lowell Inn. (All in favor) 2. On-site Seotic System Aooroval for Single Family Residence at 2285 Orwell ct.. Case No. 98/92-1. Motion Funke Orwell by Councilmember Bodlovick, seconded by Councilmember to approve the request for on-site septic system at 2285 Court North, Case No. SS/92-1. (All in favor) 3. Possible First Reading of an Ordinance Forbidding the Possession of Tobacco bv Children. Harold Heils, 1806 S. 6th st., across from the High School, addressed Council and explained problems he has experienced with high school students using his property as a smoking area, because no smoking is allowed on the school property. Juvenile Liason Officer Leslie Wardell gave further background on the situation, and stated that the school does not enforce smoking laws if the students smoke off of school property. The proposed ordinance would prohibit the purchase, possession or use of tobacco by minors. r Motion by Councilmember Opheim, seconded by Councilmember Funke to have a first reading of an ordinance forbidding the possession of tobacco by children. (All in favor) 4. Possible First Readina of an Ordinance Reauirina Connection to Storm Sewer. Motion by Councilmember Funke, seconded by Councilmember Bodlovick to have a first reading of an ordinance requiring connection to storm sewer. (All in favor) (Council recessed for ten minutes and reconvened at 8:45 p.m.) 5. Reoort on Metro Waste Control Council discussed the report The report indicated that considerably. Commission III Study Results. with Mr. Russell and Mr. Moore. the City's 1/1 has improved UNFINISHED BUSINESS 1. Council Final Position on New st. Croix River Bridae. Mr. Russell read the resolution. Councilmember Opheim suggested that the following be added: WHEREAS, the current bridge drains potential contaminants directly into the St. Croix River, a protected waterway, and the new bridge will not. (' Motion by Councilmember Opheim, seconded by Councilmember Funke to adopt the appropriate resolution stating the City's position on a new bridge across the st. Croix River and Trunk Highway 36 5 r stillwater City Council Minutes Regular Meeting March 17, 1992 improvements, and to direct staff to forward the resolution to the appropriate authorities. (Resolution No. 92-49) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim, and Mayor Abrahamson Nays - None Mayor Abrahamson commended MNDot and especially Mike Louis for their work in providing information to the public on this issue and suggested that the City send a letter to Mr. Louis thanking him for his work. NEW BUSINESS (Continued) 6. Set Soecial MeetinG for March 24. 1992 Stillwater Yacht Club and Stillwater Dock The date of this meeting has been changed - Discussion with Association. to March 31, 1992. r 7. DesiGnation of Councilmembers as Reoresentatives of the Various Wards. As the ward boundaries have been drawn, there are three current Councilmembers in Ward 4. Councilmember Bodlovick resides in Ward 3. It was determined that it would be appropriate for all Councilmembers to draw a Ward number. The result of the drawing was: Councilmember Bodlovick - Ward 4; Councilmember Farrell - Ward 2; Councilmember Funke - Ward 1; Councilmember Opheim - Ward 3. CONSENT AGENDA Motion by Councilmember Opheim, seconded by Councilmember Funke to approve the consent agenda of March 17, 1992, including the following: (All in favor) 1. DirectinG PaYment of Bills (Resolution No. 92-471 Ayes - Councilmembers BOdlovick, Farrell, Funke, Opheim and Mayor Abrahamson Nays - None 2. Applications (None) r 3. Set Public Hearing date of April 8, 1992 for the following Planning Cases: a. Case No. V/92-8 - Variance to the Sign Ordinance for the placement of a 16 ft. by 8 ft. internally illuminated sign, 22 ft. in height located at 1902 So. Greeley st. in the BP-I, Bus. Pk.-Indus. Dist., Stillwater Knights of Columbus Hall, Applicant. b. Case No. SUP/92-9 - Special Use Permit to conduct a mini- golf course on a commercial lot located at 501 No. Main st. in the CBD, Central Bus. Dist., Mark Haberman, Applicant. 6 (' Stillwater City Council Minutes Regular Meeting March 17, 1992 STAFF REPORTS (Continued) 5. Consultina Enaineer - Mr. Moore reported that all undergrounding of electrical connections are completed except for the Village Shop, the Bakery, and South Main Mercantile. NSP has begun removing poles downtown. If all underground connections are made within the next two weeks, NSP will remove all the downtown poles. Motion by Councilmember Funke, seconded by Councilmember Farrell to direct the Mayor to send a letter to the contractors and the three businesses remaining for undergrounding to inform them of the situation and requesting that the undergrounding be completed as soon as possible. (All in favor) 6. City Coordinator (Continued) Aoolication for Gamblina Permit for CLIMB. Inc. Motion by Councilmember Funke, seconded by Bodlovick to adopt the appropriate resolution gambling permit at Cat Ballou's by CLIMB, Inc. 92-53) Councilmember approving the (Resolution No. r Ayes - Councilmembers Bodlovick, Funke, Opheim, and Mayor Abrahamson Nays - Councilmember Farrell Claim Aaainst the City Motion by Councilmember Opheim, seconded by Councilmember Funke to authorize staff to submit the claim against the city by Sandra Madsen to the City's insurance company. (All in favor) Salaries for Newly Aooointed Police Chief and Caotain Council discussed the salaries as recommended by the City Coordinator. Discussion will continue at the meeting on March 31. PERA Service Credit for Gordon Seim Motion by Councilmember Farrell, seconded by Councilmember Funke to approve the purchase of PERA service credit for Gordon Seim in the amount of $5,069.26. (All in favor) COMMUNICATIONS/REOUESTS 1. John Diers. MTM - Discussion oortion of railroad riaht-of-way of oossible annexation in Stillwater Townshio. of Councilmember Farrell noted that Mr. Diers' letter is a misstatement of the City's intention in annexing property from Stillwater Township. r 7 (' stillwater City Council Minutes Regular Meeting March 17, 1992 ADJOURNMENT Hotion by Councilmember Farrell, seconded by Councilmember Opheim to adjourn the meeting to Executive Session to discuss labor relations negotiations at 10:00 p.m. (All in favor) JJ~~ ATTEST:JJ~ ~~ ITY CLER Resolutions: r No. No. No. No. No. No. No. 92-47 92-48 92-49 92-50 92-51 92-52 92-53 - Approving payment of bills Honoring David Mawhorter, Police Chief City's position on New Bridge and Highway 36 Correcting assessment on L.I. 278 Approving Dead End Sign on Lookout Street Ordering improvements for L.I. 282, Green Twig Way Approving Gambling permit for CLIMB, Inc. r I} RKCOHDQF RllEUJ'UV-"= SESSIOIl Date convened: 'l'uesaay, March 17, 199;::> 'i'imeconvened: 10;05 p.m. Time adjolll'n<:!d: 10:30 p.m. Members pre~<:!nt: Bodlovick, Opheim, ~arrell, Funke and Mayor Abraham~on Member~ abR!'mt: None Al~o pre~ent: City Coordinator Kriesel and City Attorney Magnuson PLlrpose of El<ecutive Session: Toaiscuss labor conlract negotiations. l\ction Tak"'n: Directea City Coorain~loo Kriesel to notify unions regaraing city'"position. 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