Loading...
HomeMy WebLinkAbout1992-09-22 CC MIN r REGULAR MEETING STILLWATER CITY COUNCIL M IN UTES September 22, 1992 7:00 P.M. The Meetin9 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 Public Works Director Junker Police Chief Beberg Ass't. Fire Chief Stevensen City Clerk Johnson Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Jim Gaines, St. Croix Valley Press H. Teasdale, Tim Old, Cherie Berett, David Simonet, Scott Keller, Richard Slivik, R. Kilty, Art & Elvera Romness, Kirk Roetman, Jim Huntsman, Richard Cummings, Art Palmer, Clayton Patterson, Karen Rose. Others: rl APPROVAL OF MINUTES Motion by Councilmember Funke, seconded by Councilmember Farrell to approve the minutes of the Special Meetings of AU9ust 31 and September 1, 1992 as presented. (All in favor). STAFF REPORTS 1. Police Chief - Purchase of Preliminary Breath Testers Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to approve the purchase of two Preliminary Breath Testers at a total cost of $728.46. (All in favor). Replacement for Investi~ator Motion by Councilmember Bod ovick, seconded by Councilmember Opheim to approve the posting of the Adult Investi9ator position and to hire a replacement Officer for the Officer taking the Investigator's position in the Police Dept. effective November 16, 1992. (All in favor). Use of Vehicle for Explorer Scouts r 1 r Stillwater City Council Minutes September 22, 1992 Regular Meeting Chief Beberg requested the use of one of the Building Inspector's vehicles for the Explorer Scouts to use while assisting the Police Dept. It was noted that City insurance is adequate to cover the Scouts and Council requested that written permission be received from the Scouts parents to participate in this program. Purchase of First Aid Kits Motion by Councilmember Bodlovick, seconded by Councilmember Funke to authorize the purchase of five First Aid Kits in the amount of $400.00 for the Po 1 ice Dept. (Allin favor). 2. Public Works Director - Discussion of Vehlcles for Public Works Dept. Public Works Director Junker noted that he is still negotiating a price for the procurement of a one-ton dump truck. Also, the water truck bid was over $70,000 and only $60,000 is in the budget. A further report will be presented at the next meeting. r, Sidewalk Snow~lowing Contract Mr. Junker inltiated discussion of this item. Council will not contract for plowing City sidewalks except for designated areas, such as the area near schools. Mr. Junker will obtain quotes for this contract. Blacktopping a portion of Laurel St. near Pioneer Pk. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve the blacktopping of a portion of Laurel St., east of Second St. and adjacent to Pioneer Pk., for a total cost of $2,600 with the property owner signing an agreement to pay one-half the cost. (All in favor). Acceptance of Waivers for Reconstruction of Sidewalks Motion by Councilmember Funke, seconded by Councilmember Farrell to accept the Assessment Waivers for reconstruction of sidewalks at 901 W. Pine St. in the amount of $1,450; and 423 No. Third St. in the amount of $1,844. (All in favor). Funds for Fire Dept. HeQatitis-B Shots Motion by Councilmember Funke, seconded by Councilmember Bodlovick to approve the use of funds from the sale of the old pumper (Engine 4) for the purchase of shots for Fire Dept. personnel. (All in favor). 3. 4. Consulting Engineer - No Report. Parks Dept. - Staffing for Arena and Concessions n 2 {' Stillwater City Council Minutes September 22, 1992 Re9ular Meetin9 Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the appropriate resolution approving the staffin9 for the Arena and Concession Stand. (Resolution No. 92-188) Zamboni David O'Brien Jim MacDonald Gre9g Gripentrog Casey Cartier $5.70 5.55 5.30 5.30 Concess ions Michelle Cl arke Becky Schmid t Kerstan Middleton Tamy Roettger Elizabeth Killian Sarah Hamilton $5.25 4.75 4.50 4.25 4.25 4.25 Skate Guard Casey Cartier 4.75 Ayes - Councilmember Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 5. City Clerk - Change of Council Meeting Dates for November Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to adopt the appropriate resolution changing the dates of the November meetings to Nov. 10 and Nov. 24, 1992 due to the General Election on Nov. 3. (Resolution No. 92-195 ) {', Ayes - Councilmember Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None Canvass of Votes for General Election Motion by Councilmember Farrell, seconded by Councilmember Funke to set the date of November 5, 1992 for the Canvass of Votes for the General Election. (A 11 in favor). INDIVIDUALS & DELEGATIONS 1. Discussion of Harold Teasdale's request for reduction of taxes at Cottages of Sti llwater. Mr. Teasdale was present to elaborate on his request for reduction of taxes for the Cottages of Stillwater and distributed a letter covering the following points: A reasonable valuation by Washington Co.; the controversy over the probability of increased property value; the need to payoff outstanding G.O. bonds of the City; the TIF policy which limits developer assistance to 50%; TIF bonds which have been sold for the downtown with increment pledged from all districts (including the Cottages); TIF assistance included from Phase III and other phases which will be used for the Downtown Project; the negative impact for the City if a reduction is allowed for the Cottages; and a request that the City honor the Assessment Agreement which was executed at the time the Cottages were constructed. City Staff and Council discussed these points with Mr. n 3 r Stillwater City Council Minutes September 22, 1992 Regular Meeting Teasdale and also the Board of Review process which would have reviewed his case at a much earlier date. Motion by Councilmember Opheim, seconded by Councilmember Funke to table the decision on the request of Harold Teasdale for reduction of taxes at Cottages of Stillwater until a workshop, which will include Mr. Teasdale, City Staff and the Washington County Assessor's Office, is scheduled to study this issue. (All in favor). 2. Charter Commission - Discussion of Proposed Resolution on Moratorium for RegUlation of City Owned Land Scott Keller, representing the Charter Commission, requested that two items be added to the resolution -- that bein9, the Heritage Preservation Commission be added and that no sale, lease or other transfer take place without the written approval of thee of the five Commissions. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to adopt the appropriate resolution declaring a moratorium on the sale or transfer of City owned land, which will include the addition of the Heritage Preservation Commission to those being consulted and that no sale, lease or other transfer shall take place without the written approval of three of the five Commissions. (Resolution No. 92-196) r Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None UNFINISHED BUSINESS 1. Continued Discussion of KaliSh/Edstrom fence dispute. City Attorney Magnuson explained this issue concerns a fence that was erected that was higher than that allowed in the Variance. The neighbors are at an impasse and it is up to the City to decide whether to enforce the Ordinance. Motion by Councilmember Farrell, seconded by Councilmember Funke that the City proceed to enforce the ordinance as it pertains to the Kalish/Edstrom fence dispute and take whatever action is necessary. (All in favor). 2. Petition to Confirm Dedication Acceptance of City Street - by Greens Townhome Ass'n. City Coordinator Kriesel presented pictures of McKusick Rd. Lane No. and stated the street is more narrow that normal city streets, although there are no problems with the turn-around. Mr. Russell stated this street is not built to City standards and the City would be taking on a responsibility after the fact. Also, it is similar to a street up the way that was denied action as a public street. Council and Staff discussion followed regarding a policy that would not allow developers to build n 4 r Stillwater City Council Minutes September 22, 1992 Regular Meeting private streets. get an abatement their streets. It was also suggested that perhaps these residents could on their taxes since they do not get City services for Chuck Buehler, 1365 McKusick Rd. Ln. No., stated that when he purchased his home there was no mention of the street being private and he did not know this until NSP refused to change a streetlight because the street is private. He added that it is dangerous for the City to accept substandard private streets. Jim Schaefer, 1347 McKusick Rd. Ln. No., also stated they were not aware of the private street status until 1988. Linda Tschida, 1325 McKusick Rd. Ln. No., stated they became aware of it in 1989 when the streetlight went out. Consulting Engineer Moore stated the City standard street width is 32 ft. which is wide enou9h for emergency vehicles. If the City accepts the street, parking on the street may have to be eliminated. r Also, it was noted that the watermain and sewer are private and should also be dedicated to the City and easements should be required. Motion by Councilmember Opheim, seconded by Councilmember Funke directing the City Staff to secure easements and documentation from the property owners of the Greens Townhomes, as it pertains to declaring McKusick Rd. Ln. a normal public street, with submission of a report to Council, which will include a review of the homeowner's documents. (All in favor). 3. Discussion of City Intersection Concerns. Motion by Councilmember Bodlovick, seconded by Councilmember Funke directing Consulting Engineers to proceed with a signal justification report for the intersection of Greeley St. & Curve Crest Blvd., coordinating these efforts with Washington County. (All in favor). 4. Staff report on Annexation Petition for ap~roximatelY 440 acres. Mr. Russell stated that the proposed area 1S bounded by Highway 96 on the north, Manning Ave. on the west and Boutwell Rd. on the south and has eight property owners who have requested the annexation. This request was referred to Staff to review with City policies, the Comprehensive Plan, Waste Water Plan and annexation procedures. Mr. Russell further elaborated on the the City's population growth, available land and stated that water and sewer service can be provided to the area. Also, the Minnesota Transportation Museum right-of-way extends to Duluth Junction in Grant Township and the annexation of that area would be n 5 r Stillwater City Council Minutes September 22, 1992 Re9ular Meeting inconsistent with the Comp Plan at this time. The Comp Plan is currently being updated and the requested annexation will be considered along with the Comp Plan amendment. Mayor Abrahamson received another request at the meeting from Paula J. Kroening, representing Newman Realty Ltd. Partnership, for annexation of property along 80th St. or Boutwell Rd., which adjoins the Abramowice property. Consulting Engineer Moore explained the water and sewer utilities which will be required by this area. Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to refer the petition for annexation of approximately 440 acres to the Planning Commission and Staff for further study and coordination with the update of the Comprehensive Plan. (All in favor). A man asked who will be revising the Comp Plan and the reply is that the Staff personnel will be doing this. There will be public hearings for convnent. r David Johnson, Stillwater Township, asked that the Township be notified and be part of the process so their residents can be represented. Stillwater City Staff and Council stated that this is a two-way street and would like the same consideration. Council recessed for ten minutes and reconvened at 9:00 P.M. 5. Presentation by Rolf Anderson of Stillwater Jr. High Reuse Stud~ Report. Mr. Russell stated School Dist. '834 commissioned the Preservatlon Alliance of Minnesota to prepare a reuse study for the West Wing of the Jr. High School Building and introduced Rolf Anderson, Project Coordinator, and Charles Leer who explained the report. Mr. Anderson stated the building is sound and well built. Rehabilitation will involve some major changes, such as handicapped access, and can be done in phases. Public support is essential and a Task Force was recommended. Mr. Leer addressed the issue of what can be done with the building and recommended investing as much of the community as possible in looking at the various alternatives. Mr. Russell will bring a recommendation to the Council at the next meeting for a Task Force. n 6 o Stillwater City Council Minutes September 22, 1992 Regular Meeting Richard Kilty, 118 W. Oak St., raised some questions regarding the City's agreement with Cub Foods and the expenditure of funds to take over the West Wing of the Jr. High School. He also raised concerns regarding parking. City Staff replied the City has not agreed to anything yet and are only reviewing the possibilities of use of the West Wing. The City Council accepted the Reuse Study Report for the West Wing of the Jr. High School and Mr. Russell stated the financing for the renovation of the West Wing will be developed by the Task Force over the next year. Karen Rose, representing the School Board, stated her appreciation for the City's participation in the Reuse Study. NEW BUSINESS 1. Consideration of request for rephasing the stoplight at Main & Chestnut Streets. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to not make any changes to the phasing of the signal light at the Chestnut/Main intersection. (All in favor). r PUBLIC HEARINGS 1. This is the day and time for a Public Hearing, and possible second reading, of a Zoning Ordinance Text Amendment regarding the regulation of exterior produced noise in the Central Business Dist., Case No. ZAT/92-2, City of Stillwater, Applicant. Notice of the hearing was published in The Courier on September 10, 1992. Mr. Russell explained this is to regulate the extreme production of noise in the Central Business District. Since there was no public input, Mayor Abrahamson closed the public hearing. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to have a second reading and enactment of an ordinance amending the Zoning Ordinance Text regarding the regulation of exterior produced noise in the Central Business Dist., Case No. ZAT/92-2. (Ordinance No. 766) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None NEW BUSINESS (Continued) 2. Application for Payment No.1, Gloves Add., L.I. 283. r 7 Stillwater City Council Minutes September 22, 1992 r Regular Meeting Motion by Councilmember Farrell, seconded by Councilmember Funke to authorize Payment No.1 in the amount of $40,873.66 to Hydrocon, Inc. for L.I. 283, Gloves Addition. (All in favor). 3. Change Order No.2, Construction of Manhole & Catch Basin for L.I.257/259, Lowell Inn & No. Main St. Parking Lots. Motion by Council member Funke, seconded by Councilmember Farrell to authorize Change Order No.2, in the amount of $6,100.00 for L.I. 257 & 259, No. Main St. & Lowell Inn/Rivertown Commons Parking Lots, for catch basin & manhole. (All in favor). 4. Change Order No.3, designation of public portion of Lowell Inn Parking area as "Permit Parking". Mr. Moore explained the Permit Parking plan for the public portion of the Lowell Inn parking lot. Discussion followed regarding the Rivertown Commons parking and Mr. Russell will check to see what the required parking is for that area -- how many spaces there are in the lot and recorded conditions for units and space. Mr. Russell stated the Parking Task Force has agreed to the proposed Permit Parking. r Motion by Councilmember Opheim, seconded by Councilmember Funke to authorize Change Order No.3, in the amount of $1,080.00 for L.I. 257 & 259, No. Main St. & Lowell Inn/Rivertown Commons Parking Lots, for installation of permit parking signage. (All in favor). 6. Establishment of Solid Waste Advisory Committee as permanent Standing Committee. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to adopt the appropriate resolution establishing the Solid Waste Advisory Committee as a permanent standing committee. (Resolution No. 92-189) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 7. Receive Quotes for the Fourth & Wilkin Streets Drainage Project. Mr. Moore stated he is negotiating with the contractor (Jay Brothers, Inc.) since the quote came in substantially over the Engineer's estimate of $39,100. He requested that he be allowed to continue negotiations with the contractor and also allow the City Public Works Dept. to work with the contractor, and set a limit of $39,000 for the project. 8 (! r Stillwater City Council Minutes September 22, 1992 Regular Meeting Motion by Councilmember Opheim, seconded by Councilmember Farrell to adopt the appropriate resolution authorizing the City's Consulting Engineers to negotiate the quote for repair of the Fourth and Wilkins St. Storm Drainage Project with the cost to be no more than $39,OOO; and also using the Public Works Dept. to perform a portion of the work. (Resolution No. 92-192) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None City Attorney Magnuson stated that the Lockyears entered into a "right of entry" agreement with the City and the Soil & Water Conservation Dist. should also review it. r- 8. DNR Re~uest for Right-of-Entry Permit. Motion by ouncllmember Bodlovick, seconded by Councilmember Funke to adopt the appropriate resolution authorizing an Access Entry Permit for the DNR for water inspections. (Resolution No. 92-190) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 9. John Lifto Easement Correction. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to adopt the appropriate resolution authorizing the John Lifto easement correction. (Resolution No. 92-191) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None CONSENT AGENDA Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve the Consent Agenda of September 22, 1992, including the following: (All in favor). 1. Directin Pa ent of Bills Ayes - Councllmem ers 0 OV1C, Nays - None 2. Contractor's Licenses. Bruette Roofing 9270 Otchipwe Ave. No. Stillwater, Mn. 55082 Roofing Renewal C & B Excavating/Sewer, Inc. 16115 Quality Trail No. Scandia, Mn. 55073 Excavators Renewal r 9 r Stillwater City Council Minutes September 22, 1992 Regular Meeting r 3. Request for banner Nov.22-28 - Nat'l. Family Week. 4. Set Public Hearing date of October 6, 1992 for the following Planning Cases: a. Case No. V/92-38 - Variance to the front yard setback requirements for a carport (30 ft. required, 24 ft. requested) at 1107 No. Martha St. in the RB, Two-Family Residential Oist., Helen M. Murtha, applicant. b. Case No. V/92-44 - Variance to the,sideyard setback requirement (8.32 ft. requested, 10 ft. required) & to the rearyard setback requirement (15.35 ft. requested, 25 ft required) for the construction of a duplex on Lots 16 & 17, Block I, Forest Ridge Add. (Eastridge Ct), located in the RB, Two-Family Residential Dist., Allen Rose, applicant. c. Case No. V/92-45 - Variance to the Sign Ordinance for the placement of two signs for a business in a multiple use structure located at 402 So. Main St. in the CBD, Central Bus. Dist., Sondra Gozzi, appl icant. d. Case No. SUP/92-46 - Variance to the sideyard setback requirement (3 ft. requested, 5 ft. required) for the construction of a 616 sq. ft. addition to an existing detached garage located at 1207 W. Ramsey St. in the RB, Two-Family Residential Oist., Lowell O. Warner, applicant. e. Case No. V/92-47 - Variance to the front yard setback requirement (2 ft. proposed, 30 ft. required) & approval to use a portion of No. Fourth St. for a private drive, looated on No. Fourth St. between Poplar & Hazel Streets in the RA, Single-Family Residential Dist., George & Kathleen Middleton, applicants. f. Case No. SUP/92-49 - Special Use Permit to conduct a gymnastic facility in an existing structure at 1709 So. Greeley St. located in the BP-I', Business Pk. Indus. Dist., Mike Dvorack, applicant. STAFF REPORTS (Continued) City Coordinator - Set Public Hearin Date for McKusick Motion y Councl mem er helm, secon e y ounCl mem er Funke to adopt the appropriate resolution setting the date of November 17, 1992 for the public hearing on the McKusick Lake Rd. project, L.I. 261. (Resolution No. 92-193) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None Authorization of Payment for the Sims' Propert~ Motion by Councilmember Farrell, seconded by Councllmember Bodlovick to authorize the payment of $60,000 to acquire the Sims' property. (All in favor) . r 10 r Stillwater City Council Minutes September 22, 1992 Regular Meeting Meeting with DNR to discuss possible sale of City property for Boat Access City Staff and two Councilmembers will meet with DNR representative on Thursday, October I, 1992 at 8:30 A.M. to discuss the posSible sale of City property to the DNR for a public access. Advertisement for Solid Waste Committee Members It was noted that the City will be advertising for residents to serve on the Solid Waste Committee. City Attorney - No report. Community Development Director - Report on Appraisal for House at corner of Myrtle & Third Streets Mr. Russell reported he has received this appraisal and would like further direction from the Council on how to proceed. This item will be discussed further at the next meeting. ses~uicentennial Funding Motion y Councilmember Opheim, seconded by Councilmember Funke to adopt the appropriate resolution to establish a special revenue fund for the Sesquicentennial Celebration for receipt of revenues and expenditures of funds related to the celebration. (Resolution No. 92-194) r- , Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None COMMUNICATIONS/REQUESTS Council took note of these two communications. 1. Edwin Cain - Update on funding for Levee Wall Project. 2. Julie Lassonde, GAB - Denial of claim for damages to auto. ADJOURNMENT Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to adjourn the meeting at 10:35 P.M. (All in favor). ATTEST: !;)at7 MAIC~~ 11 (I r r n Stillwater City Council Minutes September 22, 1992 Regular Meeting Resolutions: No. 92-184 - Directing Payment of Bills. No. 92-188 - Employment of Part-Time Persons for Arena & Concessions. No. 92-189 - Creating a Solid Waste Committee. No. 92-190 - DNR Right-of-Entry Permit. No. 92-191 - John Lifto Easement Correction. No. 92-192 - Receiving Quotes for Fourth & Wilkins Drainage Project. No. 92-193 - Set Public Hearing Date of Nov. 17 for McKusick Lk. Rd. Project. No. 92-194 - Fund for Sesquicentennial Celebration. No. 92-195 - Changing Date of Nov. Council Meetings to Nov. 10 & 24. No. 92-196 - Declaring Moratorium on City-OWned Land. Ordinances: No. 766 - Regulating Outdoor Noise in Central Business Dist. 12