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HomeMy WebLinkAbout1992-04-08 CC MIN (1 r r REGULAR MEETING STILLWATER CITY COUNCIL MINUTES April 8, 1992 4:30 P.M. The Meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Farrell, Funke, Opheim (arrived at 4:35 P.M.) and Mayor Abrahamson. Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon Consulting Engineer Moore Comm. Dev. Director Russell Fire Chief Seim Public Works Director Junker Police Chief Beberg Library Director Bertalmio City Clerk Johnson Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Others: None INDIVIDUALS & DELEGATIONS 1. Request by Downtown Council for Concerts in the Park Motion by Councilmember BodloV1Ck, seconded by Councilmember Farrell to approve the request of the Downtown Council, representing the Chamber of Commerce, to hold concerts in the Park on July 15, 22, 29 and August 5, 12, and 19 including a Beer Permit, the sale of refreshments and T-Shirts during the concerts, the closing of Levy Road to traffic during the concerts and the donation of two police officers for security during the concerts. (All in favor) . STAFF REPORTS 1. Finance Director Closin@ of Funds December 31, 1991 Motion by ouncilmember Farrell, seconded by Councilmember Funke to adopt the appropriate resolution approving residual equity transfers as of December 31, 1991. (Resolution No. 92-90) Ayes - Councilmembers Bodlovick, Farrell, Funke and Mayor Abrahamson. Nays - None Calling Two Bond Issues 1 r Stillwater City Council Minutes April 8, 1992 Regular Meeting Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the appropriate resolution calling the $400,000 G.O. Improvement Bonds of 1982 and the $745,000 G.O. Improvement Bonds of 1983 at their next interest payment date of August 1, 1992. (Resolution No. 92-89) Ayes - Councilmembers Bodlovick, Farrell, Funke and Mayor Abrahamson. Nays - None TIF Funds Available for Utility Assistance Ms. Deblon presented information on this subject. The Council Workshop Meeting on April 14 will also include discussion of the TIF Funds available for Utility Assistance. Councilmember Opheim arrived at 4:35 P.M. Request to Attend Governmental Accounting Seminar Motion by Councilmember Funke, seconded by Councilmember Farrell to approve the attendance of Finance Director Deblon at the Advanced Governmental Accounting Seminar in Minneapolis on May 19 - 21. (All in favor). r 2. Police Chief - EmPlo~ent of Two Police Officers Motion by ouncilmember Bodlovick, seconded by Councilmember Funke to adopt the appropriate resolution employing Scott A. Parker and Jeffrey W. Stender as Full-Time Police Officers, effective April 16 and May 1, respectively, contingent on their passing physical and psychological tests and a background check. (Resolution No. 92-91) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 3. Public Works Director - Laurel St. Sidewalks Mr. Junker stated the sidewalks on Laurel St., next to the Water Dept. building, are in need of repair and the Water Dept. has agreed to pay half the costs which are approximately $2,000. Mayor Abrahamson stated there are complaints regardin9 other sidewalks and requested Mr. Junker to supply costs for all repairs. Other City Repairs Mr. Junker reported on the Hazel St. storm sewer, the Pine Tree Trail pond problems and Evergreen Ct. problems which will be reviewed by the City Consulting Engineer. Discussion of Purchase of Water Truck r 2 r Stillwater City Council Minutes April 8, 1992 Regular Meeting r Mr. Junker requested authorization to purchase a water truck instead of another sweeper for the City. Discussion followed and Mr. Junker agreed to have a truck at City Hall for Council to review. 4. Fire Chief - Sprin~ Clean-u~ Councllmember unke has discussed some of the items considered for the spring clean-up with Fire Chief Seim, such as coding of fire hydrants. A video and discussion followed regarding specific places in the City targeted for clean-up. Motion by Councilmember Opheim, seconded by Councilmember Bodlovick to approve the purChase of paint to accomplish the Paint-a-Thon; directing City Staff to research costs and any issues that might be related to ownership of properties needing repair and clean-up; to paint the Croixwood Parks Building and allow personnel from the prison to help in the clean-up. (All in favor). 5. Consulting Engineer - Mr. Moore introduced Steve Vollbrecht, representing Johnson Brothers Construction, who was present to update Council on the next steps for comp I eti on of the Down town PI an. They wi 11 return "fu 11 force" approximately April 27 when road restrictions are lifted. RECESS Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to recess the meeting at 5:45 P.M. (All in favor). iJad; ~ ATTEST: ~ ~ lTY LER Resolutions: No. 92-89 - Calling $400,000 G.O. 1982 Imp. Bonds; & 745,000 G.O. 1983 Imp. Bonds. No. 92-90 - Closing Funds/Equity Transfers for 12/31/91. No. 92-91 - Employing Scott Parker & Jeffrey Stender as Full-Time Police Officers. r 3 r RECESSED MEETING STILLWATER CITY COUNCIL MINUTES April 8, 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 Consulting Engineer Moore Comm. Dev. Director Russell Planning Comm. Chair Fontaine City Clerk Johnson Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Mark Herwig, St. Croix Valley Press Others: Pat Bantli, Diane O'Brien, Martha Hubbs, Jeff Johnson, Dennis Sullivan, Mike Lynsky, Richard Schubert, Susan Sikorski, David Johnson, Matt Hammerschmidt. n APPROVAL OF MINUTES Motion by Councilmember Funke, seconded by Councilmember Opheim to approve the Minutes of the Regular Meeting of March 17, 1992. (All in favor). INDIVIDUALS, DELEGATIONS AND COMMENDATIONS 1. Wally Nelson - Dlscussion of purchase of L. Garavalia House. Wally Nelson presented his plans for remodellng of the Garavalia House at 1218 So. Second St. He stated he has a purchase agreement for the house, the closing date is April 30 and it will take approximately eight weeks to totally remodel the house. Council stated they want to make sure this contract will go through and asked Mr. Nelson to contact City Hall as soon as he closes on the house. 2. Chamber of Commerce Re resentative - Requests u y - : a. Use of Lowell Park; b. Appointment of Council Liaison; c. Request for Beer Permit & Temporary Liquor License. d. Request for Banners. Discussion followed regarding the issuance of a Beer Permit and a Temporary Liquor License for the park. This discussion included whether n 1 r ~ Stillwater City Council Minutes April 8, 1992 Recessed Meeting it is fair to issue a free permit to the Chamber of Commerce when bars & restaurants have to pay for a license to dispense any kinds of liquor. Motion by Councilmember Opheim, seconded by Councilmember Farrell to approve the use of Lowell Park by the Chamber of Commerce for Lumberjack Days with the tentative schedule as outlined by the Chamber, including non-profit vendors, gambling activities, Beer and Temporary Liquor Permits, and the erection of banners on Main St. (Ayes - 4; Nays - 1, Councilmember Funke). PUBLIC HEARINGS 1. ThlS is the day and time for the Public Hearing to consider a 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., Case No. V/92-8, Stillwater Knights of Columbus Hall, Applicant. Notice of the hearing was published in The Courier on April 2, 1992 and mailed to affected property owners. r Mr. Russell explained the request to place a 128 sq. ft. sign at the K.C. Hall behind Olsen Construction Co. to be located approximately 200 ft. from Greeley St. The sign is over size and regulations limit such signs for multiple use structures. This sign only identifies the K.C. Hall use. Mr. Fontaine stated the Planning Commission denied the request because there is no hardship. It is a directional and not a business sign. Matt Hammerschmidt, representin9 the Knights of Columbus, stated this is a hardship situation for them because they have no identification on Greeley St. and people have a hard time finding the facility. Further discussion followed regarding visual clutter and the number of variances granted to the sign ordinance. Motion by Councilmember Funke, seconded by Councilmember Opheim to approve the 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., as conditioned, Case No. V/92-8, Stillwater Knights of Columbus Hall, Applicant. (Ayes - 3; Nays - 2, Councilmembers Bodlovick and Farrell). 2. This is the day and time for the Public Hearing to consider a 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., Case No. SUP/92-9, Mark Haberman, Applicant. Notice of the hearing was published in The Courier on April 2, 1992 and mailed to affected property owners. r 2 r Stillwater City Council Minutes April 8, 1992 Recessed Meeting Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to continue the request for a 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., Case No. SUP/92-9, Mark Haberman, Applicant until the May 5, 1992 Meeting. (All in favor). UNFINISHED BUSINESS 1. Revision of request by Mike Lynsky to use a portion of replacement awning money for Storefront Renovation. Mike Lynsky, owner of the property, appeared to request funds allotted for replacement of the canopy/awning, which had to be removed due to Downtown Construction. He stated it is necessary to restore the building facades, before the canopy can be put back. Motion by Councilmember Opheim, seconded by Councilmember Funke to allow a portion of the funds that were allocated for replacement awnings for 108-112 So. Main St., (Mike Lynsky) to be used for restoration of the front of the buildings. (All in favor). r 2. Possible second reading of Ordinance Requirinr Storm Sewer Hookups. Motion by Councilmember Funke, seconded by Counci member Bodlovick to have a second reading and enactment of an ordinance amending the City Code, Chapter 29.05, "Prohibiting deposit of storm water in sewer system & requiring interceptors in some cases". (Ordinance No. 755) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None NEW BUSINESS 1. Consideration of annexation of 158 Acres of land ~enerally bordered by the City of Stillwater & State Highway 96, City of Stlllwater, Applicant, (Case No. ANN/92-6). 2. Consideration of Comprehensive Plan Amendment to include 158 acres between the north Cit~ boundary and Hi~hway 96 in the City limits; designate such lands ingle-Family Resldential & Parks, Recreation S ace Cit of Stillwater, A plicant (Case No. CPA/92-1). ese wo 1 ems were lscusse as one unlt. r. Russe explained the area being considered for annexation and the need to do so. The area is 60% surrounded by lands in the City, and is within the City Comprehensive Planning area. It was noted that six of the eight property owners are against the annexation. Mr. Fontaine stated that the Planning Commission noted that they received all opposition to the request and none supporting it. Because it is a sensitive area and it might be harmed by development, they voted to recommend denial. Council discussion followed. located and to & Open (' 3 Stillwater City Council Minutes r-' April 8, 1992 , Recessed Meeting Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to follow the Planning Commission's recommendation to deny the request for annexation and Comprehensive Plan Amendment of 158 acres of land generally bordered by the City of Stillwater & State Highway 96. (All in favor). Council recessed for ten minutes and reconvened at 8:05 P.M. 3. "Not i ce of Cl aim" - Grand Garage of St illwater, damages from cons truct ion of Downtown Improvement Project. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to forward the claim from the Grand Garage of Stillwater for damages from construction of Downtown Improvement Project to the City's insurance carrier. (All in favor). Third St. o approve So. Third r , 5. Possible First Reading of an Ordinance Dividing Wards of the City into Election Precincts. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to have a first reading, by title, of an ordinance amending the Precinct boundaries. (A 11 in favor). PETITIONS, INDIVIDUALS & DELEGATIONS (continued) 1. James Shoop Presentatlon of Statue to City Mr. Shoop, 1477g - 62nd St., stated he is an artist/sculptor and can receive a grant of $4,000 from Forecast which is organized to promote artists. He is proposing to present a sculpture to the City to be erected in an appropriate place in return for a letter of approval, from the City, which he will forward to Forecast. Motion by Councilmember Opheim, seconded by Councilmember Funke to supply a letter of acceptance from the City to Jim Shoop to add to his letter of appl ication for a grant from "Forecast" and if he is approved, to accept the sculpture for the City of Stillwater. (All in favor). CONSENT AGENDA Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve the Consent Agenda of April 8, 1992, excluding Item No.5, A request from David Rochlin to sell "glow necklaces" on July 4 in the Parks, and including the following: (All in favor). 1. Directin~ pa~ent Ayes - Councllmem ers Nays - None of Bills (Resolution No. 92-86). Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. r 4 r Stillwater City Council Minutes April 8, 1992 Recessed Meeting 2. Contractor's Licenses: Able Fence, Inc. 114 E. Acker St. St. Paul, Mn. 55117 Fencing Antco Construction Co. 4175 Lovell Road Lexington, Mn. 55014 General Contractor Berwald Roofing Co., Inc. 2440 No. Charles St. No. St. Paul, Mn. 55109 Roofing Gabler Bros. Painting 323 So. 6th St., Apt. #1 Stillwater, Mn. 55082 Painting r' Lee Hendrickson Masonry 5969 Stagecoach Tr. No. Oak Park Heights, Mn. 55082 Geo. W. Olsen Const.Co., Inc. 1902 So. Greeley St. Stillwater, Mn. 55082 General Contractor Masonry & Brick Work Opus Corporation P.O. Box 150 Minneapolis, Mn. 55440 Don Pautz Concrete & Masonry Masonry & Brick Work Box 312 Centuria, Wi 54824 General Contractor St. Croix Tree Service Tree Trimmers 943 120th St. Roberts, Wi 54023 Sunrise Landscape & Const. General Contractor 9776 Mende I Rd. Stillwater, Mn. 55082 Jim Weber Gen. Contracting,Inc. General Contractor 2456 Oak Glen Tr. Stillwater, Mn. 55082 r 5 Renewa I Renewa I Renewa I Renewa I Renewa I Renewal Renewa I New Renewa I Renewa I Renewa I (' Stillwater City Council Minutes April 8, 1992 Recessed Meeting 3. 4. recommendation for eso utlon No. Opheim and Mayor Abrahamson. 6. 7. ReAnn Scott, St.Croix valleb WALKAMERICA '92 - Request for use of Lowell Park Gazebo & Tennis & Base all Fields on Hwy. 12 on April 26. Submission of Claim to Ins. Co. for injuries sustained by Diana Oas from fall on temporary construction stairs at the Trump's Bldg. Request from Chamber of Commerce for erection of banners for the following: a. Rivertown Art Fair, May 16 & 17. b. Fall Colors Art Fair, Oct. 3 & 4. 8. r Discussion of Permit Approval for David Rochlin to sell glow necklaces in Lowell & Pioneer Parks on JUla 4th. Councilmember Opheim explaine the Park and Recreation Commission recommended approval of this request due to Mr. Rochlin following the rules and applying for the permit when other people didn't. Also, he employed non-profit groups within the City to do the selling which provided some of the proceeds for their organizations. Discussion included the proliferation of peddlers in the parks, the need for strong enforcement of the Peddler's Ordinance and to be fair to all peddlers. Motion by Councilmember Opheim, seconded by Councilmember Funke to approve the request of David Rochlin to sell "glow necklaces" in Lowell and Pioneer Parks on July 4. (Ayes - 2; Nays - 3, Councilmembers Bodlovick, Farrell and Mayor Abrahamson) . COUNCIL REQUEST ITEMS Mayor Abrahamson stated he has met with representatives of the First Star Bank regarding the Lowell Park Trust funds. The Levee Road and Wall were discussed as recipients of these monies. Also, there are some funds in the Library Trust that could be used for the Library. A monument would be erected in honor of the Lowell family in return for these funds. Motion by Councilmember Funke, seconded by Councilmember Bodlovick directing the City Attorney to contact Harold Johnson, representative of the Lowell Park r 6 (' Stillwater City Council Minutes April 8, 1992 Recessed Meeting Trust to discuss the requests for Lowell Park and the Library. (All in favor). Motion by Councilmember Opheim, seconded by Councilmember Farrell to adopt the appropriate resolution approving transfer of funds from trustee to the City of Stillwater for the Lowell Park Trust and directing the City Attorney to prepare the necessary documents. (Resolution No. 92-92) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None Motion by Councilmember Opheim, seconded by Councilmember Farrell to adopt the appropriate resolution approving transfer of funds from trustee to the City of Stillwater for the Library Trust and directing the City Attorney to prepare the necessary documents. (Resolution No. 92-93) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None r City Page Allocation for Cable T.V. Councilmember Bodlovick lnitiated discussion of the page allocation for the City that is needed for the government channel. It was noted that 25 pages would be adequate. Sale of Cars in the Croixwood Neighborhood Councilmember Opheim questioned this use and it was stated that this complaint is currently being taken care of. STAFF REPORTS (continued) 4. Communlty Development Director - Maple Island Parking Re~ Mr. Russell stated the Cfty-has received a request for paving of the Maple Island Parking Lot in exchange for City use of the lot. Motion by Councilmember Farrell, seconded by Councilmember Funke to approve the request to pay for paving the Maple Island Parking Lot in exchange for use of the lot as outlined in an agreement. (All in favor). Theater Use in Grand Garage - Set Public Hearing Date Motion by Councilmember Funke, seconded by Councilmember Opheim to set a public hearing for April 21, 1992 at 7:00 P.M. to discuss the request for a Speci al Use Permi t for a theater in the Grand Garage. (Allin favor). Donation of Plants by Rose Floral It was noted that Rose Floral wlll donate plants for the open space park at Water and Chestnut Streets. (" 7 (' Stillwater City Council Minutes April 8, 1992 Recessed Meeting Petition from Stillwater Township Residents in Opposition to Annexation of Township pro~ert~ Motion by Counci mem er Opheim, seconded by Councilmember Farrell to officially receive the petition presented by Stillwater Township residents in opposition to the proposed annexation of land north of the City of Stillwater. (All in favor). 6. Consulting Engineer - Update on Reconstruction of Warden's Wall in Downtown Area Mr. Moore stated they have had some problems with the wall and explained the procedures necessary to repair it. ("". Discussion of Feasibility Report for L.I. 261, McKusick Rd. from Neal Ave. to Owens St. Mr. Moore explained two alternates for the alignment of McKusick Rd. with Laurel St. at Owens St. Council will review the report and discuss it at the Council Meeting on April 21. 11. City Coordinator - Permit for Lumberjack Da~s Parade on July 12 Motion by Councilmember Ophelm, seconded by Councilmember Farrell to approve a parade permit for the Lumberjack Days festival on July 12, 1992. (All in favor). Council Workshop Meeting on April 28 Council set a Workshop Meeting for April 28, 1992 at 4:30 P.M. to discuss sidewalk problems and the pavement Management Study, including a policy for assessments. There will be a workshop on the Tobacco Ordinance on April 14. Friday, April 24 is designated as Arbor Day and a Proclamation is being drafted. First Reading of Ordinance Amending Chapter 38.01, Prohibition of Signs in Certain Places r 8 \ (' Stillwater City Council Minutes April 8, 1992 Recessed Meeting Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to have a first reading of an ordinance amending Chapter 38.01, regarding the prohibition of signs in certain places. (All in favor). Submission of Claim to Insurance Co. Motion by Councilmember Opheim, seconded by Council Funke to submit the claim from Marjorie Meier for injuries sustained from a fall to the City's insurance carrier. (All in favor). COMMUNICATIONS/FYI Council noted the following communications: r 1. LMC Action Alert - Regarding Senate Tax Bill. 2. Judith A. Hansen - Request for "No Parking" sign on Myrtle St., north side of American Legion Building. 3. Angela Dreis, Stillwater Jaycees - Invitation to Official Opening of Stillwater Jaycees Softball Complex. 4. Benjamin Meed, U.S. Holocaust Memorial Council - Request for Proclamation & appointment of member to serve as City liaison. ADJOURNMENT Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to adjourn the meeting to Executive Session at 9:17 P.M. (All in favor). ~~ ATTEST: ~1~' --I,,-,,~ I TV LERK () Resolutions: No. 92-86 - Directing Payment of Bills. No. 92-88 - Gambling Permit Renewal - Elks Lodge & Hidden Valley Lounge. No. 92-92 - Authorizing the City Attorney to pursue closing out funds for Lowell Park. No. 92-93 - Authorizing the City Attorney to pursue closing out funds for the Library. Ordinances: No. 755 - Prohibiting Deposit of Storm Water in Sewer System. C' 9 RECORD OF KXECUTlVE SP.SSION Date convened: Weon",~day, Apri L 8, 1'J92 'I'imeeonveneo: 9::JOp.m. Time udjoucned: 'l: ~O P.m. Members pre:;ent: Ilod1Cl\lick, OphlOim, FarrelL Funke and Mayor Abraham~<Jn Membersabsenr.: None A] 50 present: City Coordinator Krie~e1 and City Attorney i'lagnuson pu~pClse of Executive SessiCln: To dhcu~~ labor contract negotiations fo:r PCllice Local 320 and assessment appeal~ foc L.r. )57 (Village flhop and Dock ,...ie). Action Taken: DirecteD City CoorDinator Krie~el LO communicata City's pClsition onpoJiceCc,ntrilct. Di:rected CilyAttorney to offer a $3,DOO reduction of the aS5"ssments for the Village Shop and to continu" c;(mrt action on the as"e~"ment appeal for the lJockCaf", me"qYdl X (It~< < ~~t' CltYCoorDinator