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HomeMy WebLinkAbout1992-04-21 CC MIN r REGULAR MEETING STILLWATER CITY COUNCIL MINUTES April 21, 1992 7:00 P.M. The Meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Farrell, Funke, Opheim (arrived at 7:07 P.M.), and Mayor Abrahamson. Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Consulting Engineer Moore Consulting Engineer Peters Comm. Dev. Director Russell Public Works Director Junker Police Chief Beberg Police Officer Wardell City Clerk Johnson Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Mark Herwig, St. Croix Valley Press Dan Parker, Judy Gulden, Wayne Wohlers, Richard Slivik, Dennis Sullivan, Nick Wohlers, Jim Gannon, Mr. Hartung, Bill Scheel, John Baer, Colin Comer, Mary Jo Weingarten, Karl Ranum, Robert Hanson, Mr. Sanders. r Others: INDIVIDUALS & DELEGATIONS Commendation for Nick Wohlers Mayor Abrahamson lntroduced Nick Wohlers, who was commended for his accomplishments in hockey and academics at the University of St. Thomas. Expression of S~~athY to Victor Prescott Famil~ Councilmember Bo ovick, on behalf"of the Councll and City, extended sympathy to the Lucille & Victor Prescott family on the passing of Vic, who served the City well with the Stillwater Taxi service. APPROVAL OF MINUTES Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve the minutes of the Special Meeting of March 31, and Recessed and Regular Meetings of April 8, 1992 as presented. (All in favor). (Councilmember Opheim arrived at 7:07 P.M.) STAFF REPORTS 1. Community Development Director - r 1 r Stillwater City Council Minutes April 21, 1992 Regular Meeting 2. Public Works Director - Advertisement for New Water Tank Truck Motion by Councilmember Funke, seconded by Councilmember Opheim to authorize the Public Works Director to advertise for bids for a water tank spray truck for the Public Works Dept. (Ayes - 4; Nays - 1, Councilmember Bodlovick). Purchase of Snowblower & Roll Cage Bar for Tractor in Parks Dept. Motion by Councilmember Farrell, seconded by Councilmember Funke to authorize the Parks Director to purchase one snowblower and roll cage bar for the 1992 Kubota Tractor before June 1, 1992 . (All in favor). r INDIVIDUALS & DELEGATIONS (Con.) 1. Introduction and Oath of Office for New Police Officers. Police Chief Beberg introduced Scott Parker and Jeff Stender, the new Police Officers, and City Clerk Johnson administered the oath of office. 2. Officer Leslie Wardell - Introduction of D.A.R.E. Program. Officers Leslie Wardell and Jeff Magler, who recently received training in the D.A.R.E. program which will be implemented in the Stillwater schools next fall, gave an overview of the program. They also introduced Colin Comer of the Bureau of Criminal Apprehension, who explained further, in detail, the workings of the program. Mary Jo Weingarten, of School District #834, extended her sincere appreciation for the City's participation in the program. STAFF REPORTS (Con.) 3. Police Chief - Purchase of Portable Radios Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to authorize the purchase of five portable radios for the Police Dept., to replace current portables, at a cost of $3,345.00. (All in favor). INDIVIDUALS & DELEGATIONS (Con.) 3. Robert and Haidl Hanson, 228 North Martha Street, statement pertaining to Earth Day. r 2 r o [ Stillwater City Council Minutes April 21, 1992 Regular Meeting Robert Hanson presented a statement regarding the national observance of "Earth Day" and expressed concern for the value of green space in the City of Stillwater. 4. Representative - Cherry Knoll Park Discussion. Mr. Hartung presented Council with a request for support of the group wishing to retain the Cherry Knoll Park property in its natural state during a dialogue with the School District, owners of the property. Discussion followed and Mayor Abrahamson read a letter from John Lawson, an adjacent property owner, who stated he is opposed to a playground or green area, but is not opposed to the use by the "Hope House". Motion by Councilmember Bodlovick, seconded by Councilmember Funke to name Councilmember Farrell as the School Liaison Representative for the City Council. (All in favor) Councilmember Opheim stated she would assist Councilmember Farrell in working with the Park Commission on this issue. PUBLIC HEARINGS 1. This is the day and time for the Public Hearing to consider a Special Use Permit request to conduct a professional theatre along with the service of food & beverages at 324 So. Main St. (Grand Garage) in the CBD, Central Bus. Dist.; Case No. SUP/92-11, Robert Halverson, Applicant. Notice of the hearing was published in The Courier on April 9, 1992 and mailed to affected property owners. Mr.Russell explained the plan to have a theater in the Grand Garage Building which would hold 49 occupants and serve coffee and dessert. Mr. Russell further explained that the applicant was not present at the Planning Commission meeting, therefore, the Commission did not act on this request. Mr. Halverson, the applicant, apologized for not attending. Discussion followed on the shortage of parking spaces in the downtown area. It was noted that this is a replacement of a past use in the Grand Garage. Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to issue a thirty-day Special Use Permit, dating from April 21, 1992, for a theater use in the Grand Garage, directing the applicant to return to the Planning Commission and City Council for the usual Special Use Permit process. (All in favor). UNFINISHED BUSINESS 1. Possible second reading Products by Minors. of Ordinance regarding Possession of Tobacco 3 r Stillwater City Council Minutes April 21, 1992 Regular Meeting City Attorney Magnuson distributed a draft of the above ordinance and asked to designate the offense as a "juvenile petty offense" instead of a "petty mi sdemeanor ". Counc i I concurred with the change. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to have a second reading and enactment of an Ordinance, by title, forbidding the possession of Tobacco by children. (Ordinance No. 756) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None It was noted that the ordinance will apply to the entire City, and Officer Wardell will make sure that announcements are placed at the schools alerting the students to the new ordinance. 2. Possible second reading of Ordinance amending Chap. 38.01, Prohibiting Certain Signs. Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to have a second reading and enactment of an ordinance, by title, prohibiting the posting of signs & other printed material on public property within the City of Stillwater. (Ordinance No. 757) r Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None Motion by Councilmember Opheim, seconded by Councilmember Farrell to authorize the purchase of notices alerting citizens to the prohibition of posting of signs on public property. (All in favor). 3. Possible second reading of Ordinance dividing Wards of the City into Election Precincts. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to have a second reading and enactment of an ordinance, by title, dividing the Wards of the City into Election Precincts according to law. (Ordinance No. 758) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 4. Petition for Local Improvements for street & ~Ublic utilities for property located north of W. Orleans, west of Greeley t., Scott Grover, Wayne Norman & Sandra Gentner Petitioners. Mr. Russell presented the petition requesting streets and utilities for a project west of Greeley St. off the end of W. Orleans St. The public improvements have to be provided before the parcels can be finally platted. It was stated that Mr. Grover will assume all of the costs of the Feasibility Study. r 4 (' Stillwater City Council Minutes April 21, 1992 Regular Meeting Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the appropriate resolution accepting the petition and authorizin9 a Feasibility Report for L.I. 283, the Scott Grover subdivision. (Resolution No. 92-96) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 5. r Discussion of Feasibility Report for McKusick Rd., from Neal Ave. to Owens St., L.I. 261. Barry Peters, SEH, explained the above report and stated the estimated costs are $726,380 for the Township portion of McKusick Road; $1,429,202 for the City portion of McKusick Rd; and $261,234 for Neal Ave. with a total of $2,416,816. MSA, FAU, County and City funds will be used. Mr. Peters also explained the two alternates for the intersection of McKusick Rd. and Laurel St. at Owens St. Construction will take approximately two years, beginning this year. Discussion included the possibility of assessing costs, creating a storm sewer improvement district and the choice of plan for the alignment of McKusick Rd. at Owens St. Jim Gannon, Gannon's Auto Body, 804 W. Laurel St., stated he would like to see the streets aligned to reduce accidents and to make feasible the possible installation of a traffic light in the future. Motion by Councilmember Opheim, seconded by Councilmember Funke to recommend Alternate 2 for the alignment of McKusick Rd. with Laurel St. at the Owens St. intersection. (Ayes - 4; Nays - 1, Councilmember Farrell). Council recessed for ten minutes and reconvened at 9:15 P.M. NEW BUSINESS 1. Possible first reading of an Ordinance allowing for the prohibition o~eration of skateboards, scooters and roller skates within certain o the City. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to first reading, by title, of an ordinance prohibiting the operation of skateboards, scooters & roller skates within certain areas of the City. in favor.) of the areas have a (All 2. lans for reconstruction of the Levee Rd. into of the Levee Wall. ~ 5 r Stillwater City Council Minutes Apri I 21, 1992 Regular Meeting Motion by Councilmember Opheim, seconded by Councilmember Farrell to adopt the appropriate resolution approving the contract with Sanders, Wacker, Wehrman and Bergly for design services for the Levee Wall/Lowell Park expansion. (Resolution No. 92-97) Ayes - Councilmember Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 3. 4. Set Meeting date for Council/Staff Workshop Meeting. Motion by Councilmember Opheim, seconded by Councilmember Funke to accept the contract as proposed by Pearson Consulting Assoc. for completion of the Team Building process for the City Council and Staff. (All in favor). r CONSENT AGENDA Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve the Consent Agenda of April 21, 1992, with the addition of renewal of the Gambling Permit for the Lake Elmo Jaycees at the Harbor Bar, and including the following: (All in favor). 1. Directin~ pa~ent of Bills (Resolution No. 92-95) Ayes - Councllmem ers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 2. The fOllowin~ Contractor's Brewster & Sons oofing 4405 Olson Lake Tr. N. Lake Elmo, Mn. 55042 Li censes: Roofing Renewa I Environmental Landscape Mgt. 1228 Tenth St. Hudson, Wi 54016 Landscapers New Ford Bu il ders 1343 Cottage Dr. S till water, Mn. 55082 General Contractor Renewal Simon Johnson Masonry 5725 Oak green Ave. No. Stillwater, Mn. 55082 Masonry & Brick Wk. Renewa I 3. Authorization for Gambling Permit for St. Michael's Church Summer Festival on June 28, 1992 (Resolution No. 92-98). Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None (" 6 (" Stillwater City Council Minutes April 21, 1992 Regular Meeting 3a. Authorization for renewal of Gambling Permit for Lake Elmo Jaycees at the Harbor Bar (Resolution No. 92-99). Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 4. Submission of Claim for auto damages (Wallin) from hole in street to Insurance Co. 5. Set Public Hearing date of May 5, 1992 for the fOllowing Planning Cases: a. Case No. SUP/92-10 - Special Use Permit to conduct a sign proauction & sales outlet in the east half of a steel building at 501 No. Main St. in the CBD, Central Business Dist., Daniel A. Nelson, Applicant. b. Case No. SUB/92-12 - Minor Subdivision for a 14.96 acre lot into two lots of 4.28 acres & 10.68 acres of Outlot B on the northwest corner of Curve Crest Blvd. & Northwestern Ave. in the BP-I, Business Park Indus. Dist., Ned Windmiller, Applicant. c. Case No. SUP/92-13 - Special Use Permit to sell popcorn & pop from a 1926 Model T. Ford Truck at 401 So. Main St. in the CBD, Central Bus. Dist., Mark A. Pettersen, Applicant. r STAFF REPORTS (Continued) Consulting En~ineer - Mr. Moore exp ained the steps taken to correct the problems with the storm sewer on Myrtle St. between approximately Sixth and Fifth Streets, which created the flooding at 301 Myrtle St. Debris was removed from the pipe and a new manhole was constructed. He stated the City could wait and see how the system functions at this point before attempting to take any other measures. Mr. Moore will contact Mr. Mulvehill with the information. Council concurred with Mr. Moore's recommendation. Su lemental A reement Motion by Councilmem er Bo Supplemental Agreement No. Warehouse, included in the (All in favor). COUNCIL REQUEST ITEMS Discussion of Enclosures for Downtown Dum~sters Councllmember Funke requested permisslon or Mr. Russell to send letters to Downtown Businessmen to have enclosures provided for screening their dumpsters. It was decided that Staff will work with the Businessmen on this item. Interstate Commerce Commission Decision on Minnesota Zephyr (' 7 r Stillwater City Council Minutes April 21, 1992 Regular Meeting City Attorney Magnuson explained that the Zephyr has ICC exemption, but is still subject to local jurisdiction unless the train goes between the states. It appears that the train may do this. Re~uest for Clean-up of Pond on Sunny Slope Lane A etter was received from Stephanie Nietzel requesting action to keep the pond algae free. Staff stated that Parks Supervisor Thomsen will review the situation. Discussion of July 4th Fireworks Council received the memo from Todd Weiss, General Manager of the Freighthouse Restaurant, who has provided for the July 4th fireworks celebration, with the City paying for the insurance. The Freighthouse stated that, this year, they are only able to provide $2,500 toward the amount of $7,000 for the purchase of fireworks. Council directed Staff to contact the Chamber of Commerce to solicit funds from other businessmen to help pay this expense. r Meeting with Transportation Commission Denn on New Bridge Councilmember Opheim reported on the meeting between Transportation Commissioner Denn, Councilmember Farrell, Comm. Dev. Dir. Russell and herself regarding the new bridge. Motion by Councilmember Funke, seconded by Councilmember Bodlovick to send a letter to the Governor and meet with the Governor's staff regarding the new bridge. (All in favor). Discussion of Property at 410 No. Main St. Council and Staff discussed this issue and considered the recommendation of City Coordinator Kriesel for condemnation of the property which has been vacated for several years, is in a bad state of disrepair and may constitute a hazard. Motion by Councilmember Farrell, seconded by Councilmember Funke to proceed with condemnation of the property at 410 No. Fourth St. (All in favor). Discussion of use of Old Dum~site for the Disposal of Brush Councll and Staff discussed he mess created at this slte where brush and snow have been dumped. Also, a separate driveway should be provided for the adjacent ballfield, plus fencing and the hiring of a part-time police officer by the School District when ballgames are being played. r 8 c Stillwater City Council Minutes April 21, 1992 Regular Meeting Jim Junker of Junker Sanitation will be invited to the Special Meeting on April 28, 1992 at 4:30 P.M. to discuss the brush problem and the bag or sticker system for collection of garbage. Paver Blocks Distribution Council will review a policy for the disposal of old paver blocks at the next Council meeting. ADJOURNMENT Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to adjourn the meeting at 10:20 P.M. (All in favor). r ~~ ATTEST: ~ ~~ , . ICITY CLERK () --.. .. . Resolutions: No. 92-95 - Directing Payment of Bills. No. 92-96 - Accepting Petition & Ordering Feasibility Study for L.I. 283, Scott Grover Subdivision. No. 92-97 - Approving Contract for Levee Wall/Lowell Pk. design plan. No. 92-98 - Gambling Permit - St. Michael's Church. No. 92-99 - Gambling Permit - Lake Elmo Jaycees at Harbor Bar. r 9