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Home My WebLink About1992-07-21 CC MIN r REGULAR MEETING STILLWATER CITY COUNCIL MINUTES July 21, 1992 7:00 P.M. The Meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Funke, Opheim and Mayor Abrahamson. Absent: Councilmember Farrell Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon Consulting Engineer Moore City Planner Pung-Terwedo Public Works Director Junker Ass't. Planning Comm. Chair Valsvik Building Official Zepper City Clerk Johnson Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Mike Robinson, Kirk Roetman, Mr.& Mrs. Robert Lockyear, Judy Gulden, Mr. & Mrs. Richard Sowers, Robin Eichers, David Paulson, Marguerite Rheinberger, Susan & Gary Sabongi. r Others: APPROVAL OF MINUTES Motion by Councilmember Funke, seconded by Councilmember Bodlovick to approve the minutes of the Regular and Recessed Meetin9s of July 7, 1992, as presented; and June 16, 1992 with the correction recommended by City Clerk Johnson as follows: (All in favor.) Page 4, paragraph 3, strike ....a new resident, stated that Minneapolis has unlimited licenses, but Stillwater does not need that," and replace it with "...added his comments regarding dispersal of liquor licenses." STAFF REPORTS 1. Consulting Engineer - Groundwater Sampling M~rtle/Mulberr~ St. Motion by Councilmember ~unke, seconded by Councilmember Opheim to approve the expenditure of $1,700 to allow ATEC Environmental Consultants to retest the wells on Myrtle/Mulberry St., east of Water Street, and submit the data to the PCA. (Allin favor). Motion by Councilmember Bodlovick, seconded by Councilmember Funke to seek another quote for closing the observation wells. (All in favor). Report on Flooding and Drainage in Ravines (' 1 (' Stillwater City Council Minutes July 21, 1992 Regular Meeting A video was presented of the Fourth and Wilkins Streets flooding of homes and drainage problems. Aspen Street and Chilecote Hill were also included. Mr. Moore further discussed the collapse of the manhole at Fifth and Wilkins Streets and the measures needed to correct the problems. He also requested to do a study of all ravines to identify potential problems. Bob Lockyear, 1016 No. Third St. read a statement regarding the protection of all natural areas of the City and the City's wanton disregard for the ravines. He asked the City for better planning before they proceed with drainage correction in the ravines. Council and Staff responded that this was an emergency situation because of the collapse of the sewer and flooding of homes. Requesting an easement from Mr. Lockyear was also discussed. Motion by Councilmember Opheim, seconded by Councilmember Funke to adopt the appropriate resolution accepting the preliminary Feasibility Report, and authorizing the Consulting Engineers to prepare plans & specs for L.I. 286, Fourth & Wilkins Streets Drainage Project. (Resolution No. 92-152) (' Ayes - Councilmembers Bodlovick, Funke, Opheim and Mayor Abrahamson. Nays - None Motion by Councilmember Opheim, seconded by Councilmember Bodlovick to direct City Attorney Magnuson to negotiate any easements, if needed, with the neighbors for completion of the Fourth & Wilkins St. Project. (All in favor). Erosion Protection Measures Adjacent to Pioneer Park Bandshell Motion by Councilmember Bodlovick, seconded by Councilmember Funke to authorize the Consulting Engineers and Public Works Dept. to eliminate the turn around behind the bandshell at Pioneer Park, with construction of a berm and sodding in order to el iminate erosion. (All in favor). Drainage Problems in the Deerpath Neighborhood Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to authorize the Consulting Engineers to review the drainage problems in the Deerpath area. (All in favor). Highlands Project Mr. Moore requested that the contractor delay putting down a wearing course until NSP is through with their work. Council concurred. Acceptance of Plans & Specs and Ordering Advertisement for Bids, L.I. 283, Gloves Addition r 2 (' Stillwater City Council Minutes July 21, 1992 Regular Meeting Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the appropriate resolution accepting the plans and specs for L.I. 283, Gloves Addition and authorizing the advertisement for bids. (Resolution No. 92-153) Ayes - Councilmembers Bodlovick, Funke, Opheim and Mayor Abrahamson. Nays - None adopt on Ayes - Councilmembers Bodlovick, Funke, Opheim and Mayor Abrahamson. Nays - None Utility Bill Adjustments Motion by Councilmember Opheim, seconded by Councilmember Bodlovick to approve the utility bill adjustments for 2307 Fairmeadows Rd. and 1112 6th Ave. as recommended by Finance Director Deblon. (All in favor). (' U~date on L.I. 257, Downtown Plan Flnance Dlrector Deblon presented this report stating that there is an estimated shortfall of $122,188.20 at this time. Ayes - Councilmembers Bodlovick, Funke, Opheim and Mayor Abrahamson. Nays - None Maxi Audit for City Hall & Librar* Buildings Motion by Councilmember Opheim, secon ed by Councilmember Funke to authorize the Finance Director to proceed with the Maxi Audit for the City Hall and Library in order to make improvements for conservation of energy. (All in favor). Set Date for Budget MeetinT Council set the date of Ju y 27, 1992 at 4:30 P.M. for a Budget Meeting. Joint Meeting with Oak Park Heights r 3 (' Stillwater City Council Minutes July 21, 1992 Regular Meeting Council announced that a joint meeting will be held with the City of Oak Park Heights on August 17, 7:DO P.M., in the Stillwater City Hall for further discussion on Highway 36 alignment. 3. Public Works Director - Fountain Re~lacement for Lowell Park Motion by Councllmember Opheim, seconded by Councilmember Funke authorizing the purchase of a water fountain for replacement of a damaged fountain in Lowell Park at a cost of $650. (All in favor). Replacement of Sidewalk on No. Owens St. Motion by Councilmember Funke, seconded by Councilmember Bodlovick to replace the sidewalk at 301 No. Owens St., after obtaining an assessment waiver. (A 11 in favor). r NEW BUSINESS 1. Resubdivision of three lots into three lots of approximately the same square footage located at 603, 609 and 615 Co. Rd. 5 in the RA Single-Family Residential Dist., James & Geraldine Foley, Karen Jeffers and Raymond Christiansen, Applicants. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the appropriate resolution authorizing the resubdivision of land at 615, 609 and 603 County Road 5; and authorizing the City Clerk to stamp the deed approved for recording. (Resolution No. 92-156) Ayes - Councilmembers Bodlovick, Funke, Opheim and Mayor Abrahamson. Nays - None PUBLIC HEARINGS 1. This is the day and time for a Public Hearing to consider a Special Use Permit to conduct a 1,316 sq. ft. retail business, along with outside sales, at 501 No. Main St. located in the CBD, Central Business Dist., Case No. SUP/92-33, Stillwater Antiques, Applicant. Notice of the hearin9 was published in The Courier on July 16, 1992 and mailed to affected property owners. City Planner Pung-Terwedo explained that the applicant is renovating the exterior and interior of the old Midland Coop Building in order to provide retail space on the interior and exterior of the structure. Mr. Valsvik stated that the Planning Commission approved the request. They were concerned regarding the outdoor sales -- that this doesn't turn into a "Flea Market". The applicant assured them it would not. Mayor Abrahamson closed the public hearing and Council and Staff discussion followed. r 4 f" Stillwater City Council Minutes July 21, 1992 Regular Meeting Susan Sabongi, applicant, stated they would be selling only antiques and collectibles -- no junk. Motion by Councilmember Funke, seconded by Councilmember Opheim to approve the Special Use Permit to conduct a 1,316 sq. ft. retail business, along with outside sales, at 501 No. Main St. located in the CBD, Central Business Dist., adding a one-year review to the four conditions, Case No. SUP/92-33, Stillwater Antiques, Applicant. (All in favor). f" 2. This is the day and time for the continuation of the Public Hearing to consider a Variance for an existing six ft. high cedar fence (42 in. allowed), 21 ft. from the property line located at 623 W. Olive St. in the RB, Two-Family Residential Dist., Case No. V/92-21, Michelle Elliott, Appl icant. Notice of the hearing was published in The Courier on May 21, 1992 and mailed to affected property owners. Ms. Pung-Terwedo explained this request is for a six ft. fence located on top of a hill. Mr. Valsvik stated the Planning Commission recommended approval of the request. Building Official Zepper stated that any fence up to six ft. does not need a permit. Mayor Abrahamson closed the public hearing. Motion by Councilmember Opheim, seconded by Councilmember Funke to approve the Variance for an existing six ft. high cedar fence (42 in. allowed), 21 ft. from the property line located at 623 W. Olive St. in the RB, Two-Family Residential Dist., Case No. V/92-21, Michelle Ell iott, Applicant. (All in favor) . Council recessed for seven minutes and reconvened at 8:27 P.M. UNFINISHED BUSINESS 1. Possible second reading of Amendment to "Wild Animal" Ordinance. Clty Attorney Magnuson explained the three options for Council consideration of this amendment -- to stay with the present ordinance, the Special Use version or the Prohibitive version. Council discussion followed. Motion by Councilmember Opheim to have a second reading and enactment of the Special Use version of the Amendment to the Wild Animal Ordinance, with the new definition options. The motion died for lack of a second. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to have a second reading and enactment of an ordinance amending the Wild Animal Ordinance, with the Prohibitive Option. (Ordinance No. 763) r 5 (' Stillwater City Council Minutes July 21, 1992 Regular Meeting Ayes - Councilmember Bodlovick, Funke and Mayor Abrahamson. Nays - Councilmember Opheim 2. Discussion of Dis uted Hei ht Variance for fence' Edstrom/Kalish Case No. V 8-2. Mr. Zepper summarized the proceedings that transpired relative to the above mentioned fence. Mr. Edstrom was granted a variance of eight ft. for construction of the fence, but in some places it was constructed higher. Susan Kalish, 225 W. Hazel St., a neighbor, said the fence blocks the view of the woods and ravine and had complained about it, but nothing was done. Council and Staff discussion followed. Motion by Councilmember Funke, seconded by Councilmember Bodlovick to direct City Attorney Magnuson to contact the Edstrom's attorney in regard to the partition fence at 203 W. Hazel St. in order to seek an amicable resolution to the problem; and expressing the preference for a height limitation of eight ft. (Ayes - 3; Nays - 1, Councilmember Opheim). 3. SAEDC Funding Request. Motion by Councilmember Opheim, seconded by Councilmember Funke to approve the r-' 1992/93 contribution to SAEDC in the amount of $4,500. (All in favor). Council also expressed a concern that SAEDC continue to seek the Star Cluster recertification. 4. Update on McKusick Lake Trail. Mr. Kriesel explained the history of this subject, stating that Duane Elliott, a member of the Planning Commission and former City Engineer, and other citizens requested a study be made of a walking path around the lake. Also, a County and City road project is planned for 1993 and a bikepath is part of the project. Mr. Magnuson explained the need for some easements along the lake. Motion by Councilmember Opheim, seconded by Councilmember Funke to authorize the City Attorney to negotiate the necessary easements to complete the plan for the proposed walking path around McKusick Lake. (All in favor). NEW BUSINESS 2. Update on Household Hazardous Waste Collection. Motion by Councilmember Opheim, seconded by Councilmember Bodlovick directing Staff to work with the County on their Household Hazardous Waste Collection Program. (Allin favor). r PETITIONS, INDIVIDUALS & DELEGATIONS (Continued) 6 (' Stillwater City Council Minutes July 21, 1992 Regular Meeting Mike Robinson's - Comments on Staples Field Mike Robinson, 820 No. Fourth St., thanked Council for the snow fence and satellite situated at Staples Field and commented further on the difficulty in obtaining help for uP9rading the field. Council and Staff explained the background of the field and discussion followed. r CONSENT AGENDA Motlon by Councilmember Bodlovick, seconded by Councilmember Funke to approve the Consent Agenda of July 21, 1992, including the following: (All in favor). 1. Directin~ pa~ent of Bills (Resolution No. 92-149). Ayes - Councllmem ers Bodlovick, Funke, Opheim and Mayor Abrahamson. Nays - None 2. Contractors Licenses. - No licenses were submitted. 3. SubmlSSlon of Claim to Ins.Co. for damage from drainage problems, Patrick Mulvehill, Claimant. 4. Submission of Claim to Ins.Co., damage to car, Jerri Jo Lang, Claimant. 5. Submission of Claim to Ins. Co., injuries from fall, Julia Hoven, Claimant. 5a. Submission of Claim to Ins. Co., property damage from flooding, Elizabeth Weaver, Claimant. 5b. Submission of Claim to Ins. Co., property damage from flooding, Thomas & De~hine Hubmanl Claimant. 5c. Su ission of Claim to Ins. Co., property damage from flooding, Marty Wallin, Claimant. 6. Request for Banners by St. Croix Area United Way: Chestnut & Union Sts. - August 22 - Nov. 1 Main & Olive Sts. - Oct. 5 - Nov. 1. 7. Set Public Hearing date of August 4, 1992 for the following Planning Cases: a. Case No. V/92-28 - Variance to the rear-yard setback requirements (20 ft. requested, 25 ft. required) for construction of a deck at 1203 No. Martha St. in the RB, Two-Family Residential Dist., Michael & Darlene Sampson, Applicants. b. Case No. SUP/92-29 - Special Use Permit to operate a three bedroom Bed & Breakfast at 801 W. Pine St. located in the RB, Two-Family Residential Dist., Jon & Rita Graybill, Applicants. c. Case No. SUP/92-30 - Special Use Permit to operate a four bedroom Bed & Breakfast at 811 W. Pine St. located in the RB, Two-Family Residential Dist., Duane Arndt, Applicant. d. Case No. SV/92-31 - Street Vacation for the portion of W. Anderson St. between So. Greeley St. and So. Everett St. located in the RB, Two-Family Residential Dist., Lakeview Memorial Hospital, Applicant. e. Case No. SUP/92-32 - Special Use Permit for an expansion of Lakeview Memorial Hospital along with additional parking and landscaping, located at 919 W. Anderson St., in the R8, Two-Family Residential Dist., Lakeview Memorial Hospital, Applicant. r 7 (" Stillwater City Council Minutes July 21, 1992 Regular Meeting f. Case No. V/SUP/92-34 - Variance to the sideyard setback requirements (10 ft. required, approximately 2 ft. requested) and to the front yard setback requirements (20 ft. minimum required, 4 ft. requested) along with a Special Use Permit to operate a commercial lap swimming pool as part of an existing fitness club facility located at 110 So. Greeley St. in the RB, Two-Family Residential Dist., Heidi Rosebud, Applicant. g. Case No. SUP/92-35 - Special Use Permit to conduct an art studio business at 207 So. Sixth St. located in the RB, Two-Family Residential Dist., Steve Salek, Applicant. h. Case No. ZAT/92-2 - Zoning Ordinance Amendment for Chap. 31, Subd. 27, regarding Political Signs, City of Stillwater, Applicant. STAFF REPORTS (Continued) Citt Pl anner - Wor shop with Cub Foods Motion by Councilmember BOdlovick, seconded by Councilmember Funke to set a WorkshOp Meeting on August 11 at 4:30 P.M. with Cub Foods. (All in favor). City Clerk Change of Se~tember Meetiny Dates Motion by Counci member BodloV1Ck, seconded by Councilmember Funke to change the meeting dates in September to the 8th and 22nd due to the Primary Election. r (All in favor). Cit~ Coordinator - Strl in on Main St. north of Mulberr St. Councl lSCUSSlon 0 owe on thlS su ect. Mr. Moore will work with the PUblic Works Dept. in accomplishing this task. Streetlight at MUlberr~ & Water Streets Motion by Councilmember Bo lovick, seconded by Councilmember Funke to send a letter to NSP requesting placement of a streetlight at Mulberry and Water Streets. (All in favor). Renewal of Preventive Maintenance/Service Agreement for City Hall Building & Library Building Motion by Councilmember Funke, seconded by Councilmember Opheim to approve the proposal of Equipment Supply Co. for renewal of the Preventive Maintenance/ Service Agreement for the City Hall, Fire & Police Bldg.; and Library for 1992/93. (All in favor). (' 8 r Stillwater City Council Minutes July 21, 1992 Regular Meeting Consulting Enaineer Heifort's Pon Draina~e Problems - Mr. Moore explained t e water level conditions, flooding of field for Mr. Heifort and recommended solutions. Motion by Councilmember Bodlovick, seconded by Councilmember Funke authorizing the Public Works Department to resolve the drainage problems of Heifort Pond. (All in favor). Study of Ravines in City Motion by Councilmember Opheim, seconded by Councilmember Funke to authorize Consulting Engineer Moore to study the ravines in the City for potential problems. (All in favor). COUNCIL REQUEST ITEMS Tour Bus Parking Mayor Abrahamson stated he has received complaints regarding the style of bus parking in the City and Council discussed various solutions to the problem. One suggestion was to sign the Maple Island lot. r COMMUNICATIONS/REQUESTS 1. LaVonne McCombie, villaye of No. Hudson - Request for City participation in control of nOlse vio ations on the St. Croix River. No act i on was tak en. 2. Board of Water Commissioners - New Well Request. Motion by Councilmember BodloV1Ck, seconded by Councilmember Funke directing the City Attorney to work with the Water Dept. in obtaining a deed for construction of a new well in the Highland Addition. (All in favor). ADJOURNMENT Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adjourn the meeting at 10:17 P.M. to Executive Session. (All in favor). ATTEST: /I)~ ~ ~c~.~ (' 9 o Stillwater City Council Minutes July 21, 1992 Regular Meeting Resolutions: No. 92-149 - Directing Payment of Bills. No. 92-152 - Accept Feasibility Study, Order Plans & Specs for L.I. 286, 4th & Wilkins Sts. Drainage Project. No. 92-153 - Accept Plans & Specs, Order Ad for Bids for L.I. 283, Gloves Add. No. 92-154 - Reapportionment of Spec. Assessments, Parcel #11159-2050. No. 92-155 - Correcting Spec. Assessment for L.r. 257 Downtown Imp. No. 92-156 - Resubdivision of Land, 615, 609 & 603 County Road 5. Ordinances: No. 763 - Amending the Wild Animal Ordinance. r r 10 RECORD OF RXRC\J"I'IVE SESSIOR Date convened: ~uesday, July 21, 1992 Tirn~ ",onvened: 10:50 p.m. Time adjourned: 11:17 p.m. Mcrnbet"spresent: Bodlovi"k,Opheim,F'unkeandMayorAbrahamson Members absent: Councilmember ~arrell Al~o present: City Coordinator Kri"-",,l and City IIttorn"-y Mdgnuson Purpose of Exec1.l~iv" ~flssion: To discuss labor contract n"gotiation strategy ror AFSCME cour>cil 14, SI.i.llwater M,magers AssQci.ation and part time police officers. Aclion Taken: amendments. officers. To accept City Coor<linator's proposal reg"rding contract Set salary increases at 2-1/2 percent for part time pelice ,,,c",,4~ 'i-. ~~ City Cooniinator I