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HomeMy WebLinkAbout1992-06-16 CC MIN n REGULAR MEETING STILLWATER CITY COUNCIL MINUTES June 16, 1992 7:00 P.M. The Meeting was called to order by Mayor Abrahamson. Present: Absent: Also Present: Press: o Others: Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. None City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon Consulting Engineer Moore Consulting Engineer Peters Comm. Dev. Director Russell City Planner Pung-Terwedo Public Works Director Junker Police Chief Beberg City Clerk Johnson Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Linda Samarzia, St. Croix Valley Press Mr. & Mrs. Rick Sowers, Duane & Martha Hubbs, David Swanson, Mike Robinson, Art Palmer, Linda Hinz, Chuck Thell, McGladrey & Pullen, Dennis Evavold, Mark Desch, Kitty Johnson, Garfield Clark, Bud Brine. APPROVAL OF MINUTES Motion by Councilmember Funke, seconded by Councilmember Opheim to approve the minutes of the Regular Meeting of May 19, 1992 and Regular & Recessed Meetings of June 2, 1992. (All in favor.) STAFF REPORTS 1. Finance Director - Approval of Fire Contracts for 1992-93 Motion by Councilmember Bodlovick, seconded by Councilmember Funke to approve the fire contracts with Stillwater, Grant and May Townships as recommended by Finance Director Deblon, extending the current contract expiration date to July 31, 1992. (All in favor). 2. Community Development Director - Hope House Request to Use Cherry St. as Private Driveway Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to adopt the appropriate resolution granting a private driveway easement on Cherry n 1 n Stillwater City Council Minutes June 16, 1992 Regular Meeting Street to be used by Hope House of the St. Croix Valley; and directing City Attorney Magnuson to prepare said easement. (Resolution No. 92-133) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 3. Public Works Director - Request for Push Mowers and Time Clock for Parks Dept. Motion by Councilmember Funke, seconded by Councllmember Opheim to authorize the Parks Dept. to purchase two push mowers and a time clock in the amount of $1160.30. (All in favor). Miscellaneous Items Mr. Junker reported that a home at 1030 St. Croix Ave. will need an easement to hook up to City sewer on private property and permission will be granted by the property owners. The house on Laurel St., north of Pioneer Park, is constructing a sidewalk and will share blacktopping costs with the City for the street. n Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 4. Police Chief - Traffic Problems on Deerpath & Eagle Ridge Trail Chief Beberg reported that this item lS still being studied by the Police Dept. and Traffic Engineers. EmPlo~ent of Four Part-Time Police Officers Motion by ouncilmember Funke, seconded by Councilmember Opheim to adopt the appropriate resolution employing the following four part-time Police Officers contingent on completion of testing and training. (Resolution No. 92-135): Christopher Raymond Hoyt Paul Gregory Hoppe Christopher Todd Felsch Kathleen Jacqueline Preuss Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None o 2 n Stillwater City Council Minutes June 16, 1992 Regular Meeting 5. Consulting Engineer - Application for Payment No.1 - Highlands of Stillwater 2nd Addition Motion by Councilmember Bodlovick, seconded by Councilmember Funke to approve the application for Payment No.1 to Inland Utility Construction in the amount of $211,660.76 for construction of Highlands of Stillwater, 2nd Addition. (All in favor). Policy on Issuance of Building Permits Motion by Councilmember Bodlovick, seconded by Councilmember Funke to direct the Building Inspector to issue building permits only after the streets and utilities are constructed for new developments. (All in favor). INDIVIDUALS & DELEGATIONS 1. Presentation of 1991 Financial Report. Chuck Thell, McGladrey & Pullen, presented a summarization of the Annual Financial Report for 1991. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the appropriate resolution accepting the Financial Report of 1991 and commending Finance Director Deblon and McGladrey & Pullen, Auditors, for the excellent report. (Resolution No. 92-136) n Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None PUBLIC HEARINGS 1. This is the day and time for the Public Hearing to consider whether the City shall hold a referendum to decide whether or not to issue intoxicat- ing liquor licenses over the number permitted by law, at the Primary Election on September 15, 1992. Notice of the hearing was published in The Courier on June 4, 1992, the Stillwater Gazette on June 4, 1992, the St. Croix Valley Press on June 10, 1992 and mailed to affected persons. City Attorney Magnuson summarized the history of liquor licensing for the City of Stillwater and added that State statutes allow a referendum to provide for additional licenses. Also discussed were the different options for number of licenses to be granted and possible sites. Mr. Magnuson added that the Council cannot designate where the licenses will be held. Art Palmer, Lowell Inn, reminded the Council that the Lowell Inn was issued a special license and this should provide an extra one. City Attorney Magnuson stated this license has already been counted in the total. n 3 n Stillwater City Council Minutes June 16, 1992 Regular Meeting Linda Hinz, John's Bar, stated she did not have enough time to contact all the on-sale liquor licensees and suggested a postponement of the hearing. She stated that additional bars and restaurants in the Downtown area would greatly affect the bar business downtown. Bud Brine, Brines, agreed with Linda Hinz. He also stated a hotel liquor license on the hill would be an asset. 1/,;).( /'t.L. , li6eR~es, ~t:jt StilhtaterElees Rst Rees that. lie. fill\) &.!k~d I.on tl.~ li!!ft3!3 rle~ld 8! ~i.!ft e~t. Councilmember Opheim stated an application would be made and the fee is the same for everyone. Garfield Clark, Property Manager of River Heights Plaza, stated that this is a large development which has suffered, but is now turning around. The businesses along Highway 36 have the same needs as the Downtown Area and he recommended that the Council delegate at least one liquor license for thi s area. n Motion by Councilmember Funke, seconded by Councilmember Farrell to continue the hearing, to July 7, 1992, on whether to have a referendum on the 1992 Election Ballot to increase liquor licenses in the City of Stillwater. (All in favor). INDIVIDUALS & DELEGATIONS (Continued) 2. Betst Larey - Concerns Regarding the Proposed Communit~ Center Ms. arey expressed her concerns regardlng the posslbility of the City acquiring the west wing of the Stillwater Junior High School. They included "bailing out the School District for a building no longer economically feasible for them to own; creating excessive competition for existing local businesses; the one to two million dollar expense to taxpayers to renovate the building; and the proliferation of this type of service in the community. Council stated a proposal has not been presented to the City and it is just being talked about at this time. Ms. Larey also discussed the proposal made to the Water Board some time ago about leasing land in front of the water tower for parking at the River Valley Athletic Club. The Water Board denied her request because they needed the "green space" to be kept as is. Mayor Abrahamson stated he would review this. 3. David Swanson - Request for Funds for Citt "Float". Mr. Swanson presented a proposal for the lty to take over ownership, insurance and donate $100.00 toward the City Float which would be used to (I 4 Mike Robinson added his comments regarding dispersal of liquor licenses. He also asked how the licenses would be given out. n Stillwater City Council Minutes June 16, 1992 Regular Meeting promote the City's Sesquicentennial in 1993. The Chamber of Commerce would be in charge of scheduling and charging for the use of the Float and the sale of advertising space on the Float. It would also need protected storage space. Motion by Councilmember Funke, seconded by Councilmember Opheim to approve the request to take ownership of the Stillwater "Float", donate $100, and provide insurance. (All in favor). n PUBLIC HEARINGS 2. This is the day and time for the continuation of a Public Hearing to consi- der a Variance to the Bluffland/Shoreland Ordinance to construct a single- family residence on slopes of greater than 12% for property located at 1449D Dellwood Rd. in the RA, Single-Family Residential/Bluffland/ Shoreland Dist., Case No. V/92-18, Dennis Evavold & Gail Englund, Appl icants. Notice of the hearing was published in The Courier on May 21, 1992 and mailed to affected property owners. Mr. Russell explained Mr. Evavold presented a revised plan which was reviewed and the DNR agreed that this plan substantially meets the concerns of the DNR. Mayor Abrahamson closed the public hearing. Motion by Councilmember Funke, seconded by Councilmember Farrell to approve the request for a Variance to the Bluffland/Shoreland Ordinance to construct a single-family residence on slopes of greater than 12% for property located at 14490 Dellwood Rd. in the RA, Single-Family Residential/Bluffland/Shoreland Dist., as conditioned, Case No. V/92-18, Dennis Evavold & Gail Englund, Applicants. (All in favor). 3. This is the day and time for the Public Hearing to consider an Amendment to the Stillwater Comprehensive Plan to include the Brown's Creek Surface Water Management Plan and the Middle St. Croix River Surface Water Manage- ment Plan, City of Stillwater, Applicant, Case No. CPA/92-2. Notice of the hearing was published in The Courier on June 4, 1992. City Planner Pung-Terwedo reviewed this case by presenting background on both the Brown's Creek Water Management Organization and the Middle River Water Management Organization. The purpose of the plans is to provide each City and Township the best means to properly manage surface water. Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to adopt the appropriate resolution amending the Stillwater Comprehensive Plan to include the Brown's Creek Surface Water Management Plan and the Middle St. Croix River Surface Water Management Plan, City of Stillwater, Applicant, Case No. CPA/92-2. (Resolution No. 92-141) (I 5 n Stillwater City Council Minutes June 16, 1992 Regular Meeting Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 4. Request to consider a Building-Moving Permit to move a two-stall garage from the parking lot at St. Mary's Church to 110 So. Everett St. (Lot 5, Blk.12, Thompson, Parker & Mowers 2nd Add.) located in the RB, Two- Family Residential Dist., Carl & Kathryn Johnson, Applicants, Case No. V/92-27. (i Ms. Johnson stated her case was to be presented at the July 7 meeting, but because of time schedules when the building had to be off its present lot, she wished to be heard tonight. It was noted that residents in the new neighborhood have not received notices. Mr. Russell noted that the Planning Commission approved the request with two conditions -- that a small shed shall be removed and the garage must meet minimum setback requirements, with which Ms. Johnson agreed. Mayor Abrahamson closed the public hearing. Motion by Councilmember Funke, seconded by Councilmember Bodlovick to approve the request for a Building-Moving Permit to move a two-stall garage from the parking lot at St. Mary's Church to 110 So. Everett St. (Lot 5, Blk.12, Thompson, Parker & Mowers 2nd Add.) located in the RB, Two-Family Residential Dist., as conditioned, Case No. V/92-27, Carl & Kathryn Johnson, Applicants. (All in favor). Council recessed for ten minutes and reconvened at 8:50 P.M. UNFINISHED BUSINESS 1. Possible second reading of Amendment to "Wild Animal" Ordinance. Mr. Magnuson explained that the changes in the draft of thlS new amendment would be more specific. Council requested to review the amendment to the Code and compare it with the present ordinance. This item was continued until the July 7, 1992 meeting. 2. Possible second reading of Ordinance prohibiting parking of boat trailers ~ublic streets. Motion-by Councilmember Bodlovick, seconded by Councilmember Farrell to have a second reading, by title, and enactment of an ordinance prohibiting the parking of boat trailers on public streets. (Ordinance No. 761) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None (' 6 n Stillwater City Council Minutes June 16, 1992 Regular Meeting It was noted, by Mr. Magnuson, that Mulberry Point Road is public and, therefore, is included in the ordinance prohibition. The parking lot is private until the lease expires with the Stillwater Yacht Club. 3. Possible second reading of Ordinance Amendment prohibiting open containers of alcohol on public streets. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to have a second reading, by title, and enactment of an ordinance prohibiting open containers of alcohol on public streets. (Ordinance No. 762) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 4. Review of Re,uest from Stillwater Boat & Packet Co. for drainage lmprovement or boat plaza. Mr. Russell reviewed the lmprovements for management of the water that is running off the Brick Alley public parking lot onto Stillwater Boat & Packet Co. property with a cost to the City for drainage improvements of $1,085.00. (I Motion by Councilmember Funke, seconded by Councilmember Opheim to authorize the drainage improvement for the boat plaza adjacent to the Brick Alley parking lot and Stillwater Boat & Packet Co. at a cost of $1,085.00. (All in favor) . 5. Update on Status of new Armory Planning. Mr. Russell revlewed the status of thlS item with the Council, explaining that funding is not possible for approximately another two years. He suggested that possibly an Ice Arena could be combined with the Armory plans. 6. Review of Valet Parking trial use and consideration of request for restrictive parking area. Mr. Lon Feia, operator of the valet parking service, stated they have had a six month trial use and the service has been going well. They are requesting an interim parking area for cars before moving them to the north end of town. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to refer the request of Lon Feia, of LBF Internat'l. Valet Parking Services, for a restrictive parking area to the Parking Task Force for review. (All in favor) . ('I 7 n Stillwater City Council Minutes June 16, 1992 Regular Meeting 7. Review of Develo ment A reement Lease Provision for Desch Parkin Lot. r. usse exp alne t at t e slte wor or t e 0 lCe pro ect lS near completion and the applicant is askin9 the City to activate the Parking Lease Agreement which calls for the City to pay $6,000 per year for 80 parking spaces for use after 6:00 P.M. on weekdays, weekends and holidays. Mr. Magnuson stated that the insurance provision should be changed to $600,000 coverage and Mr. Desch agreed. The City also agreed to pay 30% of the maintenance costs. Motion by Councilmember Opheim, seconded by Councilmember Funke to approve the Development Agreement lease provision for one year for the Desch Parking Lot, with payment of $6,000, 30% of maintenance costs and provision of $600,000 insurance coverage as recommended by Staff. (All in favor). NEW BUSINESS 1. Issuance of On-Sale Wine License to Wm. Sauntry Mansion Bed & Breakfast, Duane & Martha Hubbs, A~plicants. Motion by Councilmember Funke, seconded by Councilmember Farrell to approve the issuance of an On-Sale Wine License for the Wm. Sauntry Mansion Bed & Breakfast, Duane & Martha Hubbs, Applicants. (All in favor). n Feasibility Re~ort for Gloves Addition~ L.I. 283. Consulting Englneer Peters explained t e proposed project for the subdivision of three lots. The estimated cost is $97,535. Waivers have not been received from all adjacent property owners and Mr. Peters recommended that an improvement hearing be held. Motion by Councilmember Farrell, seconded by Councilmember Funke to adopt the appropriate resolution accepting the Feasibility Report for L.I. 283, Gloves Addition; set public hearing date for July 7, 1992 at 7:00 P.M.; and order the City Engineers to prepare plans & specifications. (Resolution No. 92-137) 2. Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None PETITIONS, INDIVIDUALS & DELEGATIONS (Continued) 4. Mike Robinson - Concerns Regarding Staples Field Mr. Robinson stated he coaches some "T" ball games at this site and stated the field is unsafe. There are no fences, there is a one foot drop-off on the field, etc. He asked to have the field leveled and temporary fences erected. Mr. Junker will review the request and pOSSibly erect a snow fence. Councilmember Opheim will discuss this request with the Park and Recreation Commission. o 8 n Stillwater City Council Minutes June 16, 1992 Regular Meeting Motion by Councilmember Bodlovick, seconded by Councilmember Funke to approve the Consent Agenda of June 16, 1992, including the following: (All in favor). 1. Directin~ pa~ent of Bills (Resolution No. 92-132) Ayes - Councllmem ers BOdlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nay - None. 2. The following Contractor's Licenses: Beaver Plumbing Excavators 20425 Jackson St. N.E. Cedar, Mn. 55011 Renewa 1 Signart Co., Inc. 2535 Pilot Knob Rd. 1136 Mendota Hgts., Mn. 55120 3. Submission of Claim to Ins.Co. for damage to car, Phyllis Hicks, Claimant. Sign Erection Renewa 1 4. Submission of Claim to Ins.Co., damage to car, Duane Seaquist, Claimant. 4a. Submission of Claim to Ins. Co., repair of window, Simonet's Furniture, Cl aimant. n 4b. Submission of Claim to Ins. Co., restoration of judicial monuments, Mark & Gloria Desch, Claimants. 5. Set Public Hearing date of July 7, 1992 for the following Planning Cases: a. Case No. V/92-24 - Variance to the approved sign program for an lntern- ally illuminated 4 ft. x 8 ft. box sign located in the River Heights Auto Repair Mall, 14366 No. 60th St., in the Bus. Pk. Comm. Dist., Croix Valley Glassworks, Applicant. b. Case No. V/92-25 - Variance for setback requirements for construction of a screened porch 14 ft. from the corner street (30 ft. required), located at 212 Deerpath in the Single-Family Residential Dist., RA, Michael & Beverly Witt, Applicants. c. Case No. BM/92-26 - Building-Moving Permit to move a two-stall garage from St. Paul, Mn., to 726 W. Linden St. (Lot 10, Blk.l0 of Sabin's Add.) located in the RB, Two-Family Residential Dist., Richard Orthmeyer, Applicant. COUNCIL REQUEST ITEMS Proposal for Repair of Park Dept. Councilmember Funke presented the windows. BUildin~ Windows proposa for repair of the above (I 9 n Stillwater City Council Minutes June 16, 1992 Regular Meeting Motion by Councilmember Funke, seconded by Councilmember Farrell to accept the quote of Glen Johnson for repair of windows at the Parks Dept. Building in an amount of $8,966.00. (All in favor). Mr. Farrell initiated discussion of possibly receiving a State environmental grant for repair of the Parks Building and other areas. Mr. Farrell will provide the information to Staff to research. STAFF REPORTS (Continued) 6. City Coordinator - Permanent A~~ointment of Police Chief & Police ca~ Motion by Councl member Funke, seconded by Councilmem er pheim to adopt the appropriate resolution approving the permanent appointment of Donald Beberg as Police Chief; and Tim Bell, as Police Captain of the City of Stillwater. (Resolution No. 92-138) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None Reclassification of Scott Schmidt Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to adopt the appropriate resolution reclassifying Scott Schmidt as a Laborer/ (I Maintenance worker for the City Parks Dept. (Resolution No. 92-139) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None Change Order for Fire Dept. Re-Roof Motion by Councilmember BOdlovick, seconded by Councilmember Funke to approve Change Order No.1 for the Fire Dept. re-roofing in the amount of $1,797.00. (All in favor). 7. City Clerk - Possible Purchase of Optiscan Voting Machines Motion by Councilmember Farrell, seConded by Councilmember Bodlovick to adopt the appropriate resolution approving the purchase of five used Optiscan Voting machines and equipment in an approximate amount of $28,000. (Resolution No. 92-140) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None Discussion of How to Handle Additional Items for Agendas City Clerk Johnson and the Council had a short discussion it was decided that additional items could be heard under Delegations" if they held their request to five minutes. of this item and "Individuals & If applicants r 10 n n (1 Stillwater City Council Minutes June 16, 1992 Regular Meeting needed more time, they should submit information and be heard at the next Council meeting. 8. City Attorney - Development Agreement with Tim Nolde, Green Twig Wa~ Development Mr. Magnuson explained that Mr. Nolde asked for rellef from the amount of a $95,000 Letter of Credit for improvements in the development. Council discussion followed. Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to authorize a Letter of Credit for Green Twig Way Development in the amount of $45,000. (All in favor). COMMUNICATIONS/REQUESTS 1. Donald Slater, LMC 1992-93 Membership Dues. Council will review this communication. 2. Julie Lassonde, GABl Disposition of Timothy Dallager Claim. Council took note Of this letter. 3. Chris White & Tom O'Brien, Chamber of Commerce, Thank you for financial support. Council received this letter. ADJOURNMENT Motion by Councilmember Funke, seconded by Councilmember Bodlovick to adjourn the meeting at 10:14 P.M. (All in favor). '~af~ ATTEST: CITY CLERK Resolutions: No. No. No. No. 92-132 - Directing Payment of Bills. 92-133 - Driveway Easement on Cherry St. for Hope House. 92-134 - Employment of Benjamin Sporer Part-Time in Public Works. 92-135 - Employment of C. Hoyt, P. Hoppe, C. Felsch and K. Preuss as Part-Time Police Officers. 92-136 - Accepting 1991 Financial Report. 92-137 - Receiving Report, Setting Public Hearing for July 7, & Ordering Plans & Specs for L.I. 283, Gloves Addition. No. No. 11 n r r Stillwater City Council Minutes June l6, 1992 Regular Meeting No. 92-138 - Permanent Employment of Police Chief Don Beberg & Police Captain Tim Bell. No. 92-139 - Reclassification of Scott Schmidt as Laborer/Maintenance Worker in the Parks Dept. No. 92-140 - Approved Purchase of Optiscan Voting Machines. No. 92-141 - Amending Compo Plan to Include Watershed Districts. Ordinances: No. 761 - Prohibiting the Parking of Boat Trailers in certain Areas. No. 762 - Prohibiting Open Containers of Alcohol on Public Streets. 12