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HomeMy WebLinkAbout1992-11-10 CC MIN r REGULAR MEETING STILLWATER CITY COUNCIL MIN UTES November 10, 1992 4:30 P.M. The Meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Absent: Councilmember Opheim City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon Consulting Engineer Moore Comm. Dev. Director Russell Public Works Director Junker Police Chief Beberg City Clerk Johnson Also Present: Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Others: Mike Sheehy n INDIVIDUALS & DELEGATIONS 1. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to approve the request of Michael D. Sheehy, 1 Ridge Lane Dr., for a license to plant and maintain landscaping as designated on the plan submitted, on City property adjacent to Mr. Sheehy's property and so as not to create a hazard or obstruct access. (All in favor). STAFF REPORTS 1. Finance Director - No report. 2. r 1 r Stillwater City Council Minutes November 10, 1992 Regular Meeting Ayes - Councilmembers Bodlovick, Farrell, Funke and Mayor Abrahamson. Nays - None Permission to Advertise for Full-Time Police Eli~ibility List Motion by Councilmember Bodlovick, seconded by Councllmember Funke to authorize permission for the Police Chief to advertise and test for the position of Full-Time Police Officer in order to establish an Eligibility List. (All in favor). Request for Rehab of Older Squad Car Motion by Councilmember BodloV1Ck, seconded by Councilmember Funke to give City and Police Oept. support in the private restoration and ownership of an older car into a squad car which will be used for various community functions. (A 11 in favor). Funke to adopt Ayes - Councilmembers Bodlovick, Farrell, Funke and Mayor Abrahamson. ~ Nays - None 3. Public Works Director Quotes for Sidewalk Snowplowing near Schools Motion by CounCllmember Funke, seconded by Councilmember Bodlovick to authorize the Public Works Director to obtain quotes for sidewalk snowplowing near schools. (All in favor). Rick Nordquist to Attend Water School Motion by Councilmember Bodlovick, seconded by Councilmember Funke to authorize Rick Nordquist to attend Water School, at a cost of $40.00, in order to keep his license current. (All in favor). 4. Community Development Director - No Report. 5. Consulting Engineer - Implementation of ISTEA Funding by Mn/DOT Engineer Moore presented a Newsletter regarding the new highway bill which eliminates FAU funding with the provision of other sources. Mr. Moore informed Mn/DOT that the remaining FAU funds are dedicated to the McKusick Lake Road project. It was stated that an informational hearing will be heard on that project on November 17. r 2 r Stillwater City Council Minutes November 10, 1992 Regular Meeting Worksho~ with Junker Sanitation Discusslon followed regarding the date of this meeting. Some residents were informed that the meeting would be held at 4:30 P.M. on November 17, but this information is erroneous. City Coordinator Kriesel will contact Mr. Junker to arrange a date for the meeting, preferably at 7:00 P.M. 6. City Attorney Pre aration of Documents for Minnesota Motion y Councilmember Bo oVlck, secon e y Councl mem er un e 0 adopt the appropriate resolution authorizing City Staff to prepare and execute certain documents consistent with the Minnesota Zephyr Development Contract. (Resolution No. 92-232) Ayes - Councilmembers Bodlovick, Farrell, Funke and Mayor Abrahamson. Nays - None r 7. Cit~ Clerk - Addltion of Two Items to Consent Agenda Council concurred with the City Clerk in adding the following two items to the Consent Agenda: Request of a street banner for the Trinity Lutheran Church Yulefest and submission of a claim to the City's insurance carrier. 8. City Coordinator - Sidewalk Adjacent to Fairview Cemeter~ Council concurred with the City Coordlnator in permitting the Fairview Cemetery Ass'n. to sod or reconstruct the sidewalk adjacent to the cemetery. Greens Townhomes Request Council agreed to hold a hearing on the Greens Townhome Ass'n. request to accept their private streets as public streets at the next regular meeting, November 24, 1992. Oak Glen Refinancing Mr. Kriesel initiated a short discussion on the Oak Glen refinancin9 and the City possibly purchasing the golf course. It was stated that a workshop should be held to discuss the matter further. r 3 r r '. r Stillwater City Council Minutes November 10, 1992 Regular Meeting RECESS MotIon by Councilmember Bodlovick, seconded by Councilmember Funke to recess the meeting at 5:13 P.M. (All in favor). ATTEST: f#pf ~~/ ~~ AYOR Resolutions: No. 92-232 - Preparation for Minn. Zephyr Development A9reement. No. 92-233 - Employment of Christopher Felsch as Police Officer. No. 92-234 - Designation of "No Parking" space on Myrtle & Third Sts. 4 o RECESSED MEETING STILLWATER CITY COUNCIL MINUTES November 10, 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 Consulting Engineer Peters Comm. Dev. Director Russell Planning Comm. Chair Fontaine City Clerk Johnson Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Bill Pauley, D. Sullivan, Mr. & Mrs. Norman, Scott Grover, R. Cummings, Ed Cain, R. Kilty, Kirk Roetman, D. Balyeat, Mr. & Mrs. Gibson. Others: n APPROVAL OF MINUTES Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve the minutes of the Special & Regular Meetings of October 2D, 1992 as presented. (All in favor). PUBLIC HEARINGS 1. Th1S 1S the day and time for the Public Hearing to consider a Special Use Permit to use a public right-of-way for a driveway access to a residential lot located south of Interlachen Dr. & east of Maryknoll Dr. in the RA, Single-Family Residential Dist., Case No. SUP/92-48, Dave & Betsy Wanless, applicants. Notice of the hearing was published in The Courier on October 29, and mailed to affected property owners. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to continue indefinitely the request for a Special Use Permit to use a public right-of-way for a driveway access to a residential lot located south of Interlachen Dr. & east of Maryknoll Dr. in the RA, Single-Family Residential Dist., Case No. SUP/92-48, Dave & Betsy Wanless, applicants. (All in favor). 2. This is the day and time for the Public Hearing to consider a Minor Subdivision of a 6.33 acre site into two lots of 2.83 acres & 3.50 acres located west of Washington Ave. & south of W. Orleans (east 1/2 of Outlot n 1 (' r r Stillwater City Council Minutes November 10, 1992 Recessed Meeting A) in the BP-I, Business Pk. Indus. Oist., Case No. SUB/92-50, Bill Pauley, applicant. Notice of the hearing was published in The Courier on October 29, 1992 and mailed to affected property owners. Mr. Russell explained the request to split one parcel into two lots. It meets the zoning requirements, is developable and serviceable. Mr. Fontaine stated it was approved by the Planning Commission and Mayor Abrahamson closed the public hearing. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to adopt the appropriate resolution approving a Minor Subdivision of a 6.33 acre site into two lots of 2.83 acres & 3.50 acres located west of Washington Ave. & south of W. Orleans (east 1/2 of Outlot A) in the BP-I, Business Pk. Indus. Dist., Case No. SUB/92-50, Bill Pauley, applicant. (Resolution No. 92-237) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 3. This is the day and time for the Public Hearing to consider a Special Use Permit to construct a 23,625 sq. ft. warehouse facility with a 7,200 sq. ft. retail & office area located west of Washington Ave. & south of W. Orleans St. (east 1/2 of Outlot A, Parcell) in the BP-I, Bus.Pk. Indus. Dist., Case No. SUP/92-52, Washington Co. HRA, applicant. Notice of the hearing was published in The Courier on October 29, 1992 and mailed to affected property owners. Mr. Russell requested this case be continued until the meeting of December 15, 1992 until it can be reviewed by the Design Review Committee. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to continue to December 15, 1992 a request for a Special Use Permit to construct a 23,625 sq.ft. warehouse facility with a 7,200 sq. ft. retail & office area located west of Washington Ave. & south of W. Orleans St. (east 1/2 of Outlot A, Parcel 1) in the BP-I, Bus.Pk. Indus. Dist., Case No. SUP/92-52, Washin9ton Co. HRA, applicant. (All in favor). 4. This is the day and time for the Public Hearin9 to consider a Variance to the corner sideyard setback requirement (30 ft. required, 15 ft. requested) for the construction of a two-stall garage at 1120 No. First St. located in the RB, Two-Family Residential Dist., Case No. V/92-56, Chris & Julie Pluth, Applicants. Notice of the hearing was pUblished in The Courier on November 5, 1992 and mailed to affected property owners. 2 r Stillwater City Council Minutes November 10, 1992 Recessed Meeting Mr. Russell explained the request for a variance to construct a two-stall garage which was also reviewed by the Planning Commission. Mr. Fontaine stated two choices were presented and the Planning Commission chose the No. First St. alternative as the best choice. Mayor Abrahamson closed the publ ic hearing. Motion by Councilmember Funke, seconded by Councilmember Opheim to approve a Variance for the alternative garage site off No. First St., to the corner sideyard setback requirement (30 ft. required, 15 ft. requested) for the construction of a two-stall garage, as conditioned, at 1120 No. First St. located in the RB, Two-Family Residential Dist., Case No. V/92-56, Chris & Julie Pluth, Applicants. (All in favor). Task (All in r Richard Kilty, 118 W. Oak St., asked why the City needs another Task Force and how much money is involved. Council and Staff stated that the City has not committed any money at this point. Further discussion followed between Mr. Kilty, Council and Staff on this issue. 2. Possible ap~roval of Feasibilit~ Re~ort for Highlands of Stillwater, Phase III; and or er plans and speciflcatlons. Consulting Engineer Peters presented the Feasibility Report for this project and stated the Developer has waived the right to an improvement hearing. The estimated cost of the project is $215,557. Mr. Peters further stated the park occurs in the 4th Addition and the third phase requires dedication of land for the well. Motion by Councilmember Farrell, seconded by Councilmember Funke to adopt the appropriate resolution accepting the Feasibility Study for Highlands of Stillwater, Phase III and considering plans and specs at the next meeting. (Resolution No. 92-235) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None NEW BUSINESS 1. Randy & Linda Gibson Title Problem. City Attorney Magnuson explained the lot footage discrepancy problem confronting the Gibsons. The rear 20 ft. of their lot is actually City parkland. Mr. Magnuson stated T & L, Inc., who conveyed the property to r 3 (' (' r Stillwater City Council Minutes November 10, 1992 Recessed Meeting the City for parkland, has agreed to release it. Also, a discussion with the Charter Commission regarding this situation should be held. Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to authorize the reconveyance of City land to Randy & Linda Gibson upon approval of T & L, Inc. and discussion with the Charter Commission. (All in favor). The Gibsons requested this be accomplished in a timely fashion as their closing date is December 20 and Council and Staff stated they would move it along as best they could. 2. Request for License to maintain landscaping on Ridge Lane Dr. This item was discussed at the afternoon meeting. 3. Request by Washington County HRA for Tax Increment assistance for purchase of land for the relocation of United Bldg. Center to the Stillwater West Business Park. Mr. Russell explained the request and stated the HRA is interested in constructing housing in the Downtown. He recommended that Staff and the Council Economic Development Committee work with Washington Co. HRA on specific terms of TIF assistance. Motion by Councilmember Opheim, seconded by Councilmember Bodlovick authorizing Staff and the Council Economic Development Committee to work with Washington Co. HRA on specific terms of TIF assistance for purchase of land in the Stillwater West Industrial Park to relocate United Home Building Center. (A 11 in favor). 4. Application for Payment No.1 - South Main Lift Station Pum~s. Motion by Councilmember Funke, seconded by Councilmember BodloV1Ck to approve Payment No.1, in the amount of $30,918.02, to Northwestern Power Equipment for the South Main Lift Station Pumps. (All in favor). 5. Application for Payment No.2 - Green Twig Way, L.I. 282. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to approve Payment No.2, in the amount of $5,424.50, to B & 0 Underground, Inc. for Green Twig Way, L. I. 282. (All in favor). 7. Application for Payment No. 13 - Downtown Project, L.I. 257. Mr. Moore added that a number of problems with the Downtown construction still need to be worked out and the project has not been fully accepted yet. Motion by Councilmember Bodlovick1 seconded by Councilmember Funke to Payment No. 13, in the amount of )185,603.85, to Johnson Brothers Construction, for Downtown Construction, L.I. 257. (All in favor). approve 4 r Stillwater City Council Minutes November 10, 1992 Recessed Meeting 6. Change Order No.1 - Green Twig Way, L.I. 282. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to approve Change Order No.1, in the amount of $4,239.00, for Green Twig Way, L.I. 282. (All in favor). 10. Resolution authorizing Eminent Domain proceedings for County Road 64. City Attorney Magnuson reported that the resolution will not be needed as this was accomplished through private means. r CONSENT AGENDA Motion by Councilmember Bodlovick, seconded by Councilmember Funke the Consent Agenda of November 10, 1992, including the following: favor). 1. Directin Pa ent of Bills Ayes - ounCl mem ers 0 OV1C, Nays - None 2. The following Licenses: to approve (All in Mid-Minn. Concrete & Excavating 10026 University Ave. N.W. Coon Rapids, Mn. 55433 St. Croix Valley Chimney 1621 So. Greeley St. Stillwater, Mn. 55082 Schmieg-Washburn Indus., Inc. 39 W. Viking Dr. Little Canada, Mn. 55117 Stillwater Country Club 1421 No. Fourth St. CONTRACTORS Sewer & Water Install. New Chimney Cleaning New Sign Erection New 1993 CLUB LICENSES Renewa 1 Stillwater Elks Lodge *179 279 E. Myrtle St. Renewa 1 r 5 r Stillwater City Council Minutes November 10, 1992 Recessed Meeting American Legion Post #48 103 So. Third St. Renewal Stillwater Knights of Columbus 1910 So. Greeley St. Renewa 1 Wm. Sauntry Mansion Duane & Martha Hubbs 626 No. Fourth St. 1993 WINE LICENSES Renewal The Rivertown Inn Charles Dougherty 306 W. Olive St. Renewal Ann Bean House Bruce & Victoria Brillhart 319 W. Pine St. Renewa 1 R & R Liquor 1971 So. Greeley St. OFF-SALE LIQUOR Renewa 1 r Kinsel's Liquor Store 118 E. Chestnut St. Renewa 1 John's Bar (J.H.L., Inc.) 302 So. Main St. Renewa 1 Vittorio's, Inc. 402 So. Main St. Renewa 1 South Hill Liquor 117 W. Churchill St. Renewa 1 3. Submission of Claim to Ins. Co., Ann V. Cummings, regarding injuries from fall. 4. Ratification of Council Poll on Oct. 27 - Resolution No. 92-230 employing K le Zaniewski as Zamboni 0 erator at Lil Lk. Arena. Ayes - ounCl mem ers Bo ovic, un e, opheIm an Mayor Abrahamson. Nays - None 5. Submission of Claim to Ins. Co., additional expenses from Thomas Hubman, regardin~ sewer back-u~. 6. Request or Trinity Lu her an Church Banner advertising Yulefest. Council recessed for seven minutes and reconvened at 8:09 P.M. r 6 r Stillwater City Council Minutes November 10, 1992 Recessed Meeting COMMUNICATIONS/FYI 1. Scott & Kathleen Grover - Assessment Hearin L.I. 283. 2. an ra Gentner - ssessment or oves A ., L.. . 3. Wayne & Joan Norman - Assessment for Gloves Add., L.I. 283. Council & Staff explained that the City Attorney is negotiating with Mr. Rheinberger regarding his assessment and the above correspondents will be notified. COUNCIL REQUEST ITEMS Temporary Flashin~ Sign at Nelson's Dairy Store Councilmember Bod ovick stated she had received complaints on this and Mr. Russell added that he had already asked them to remove the sign. Mr. Russell will contact them again and issue a citation if it is not done. r Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to approve a "Time Capsule" to be buried on the City Hall grounds during the City's Sesquicentennial celebration. (All in favor). Council concurred with City Coordinator Kriesel that the Finance Director be directed to add $10,000 to the 1993 Budget for the Sesquicentennial celebration and which shall also be considered as part of the "Truth in Taxation" hearing. Comments on Citizen Request for State Audit Councilmember Opheim initiated discussion of Arnold Jirik's request for an audit of the City by the State Auditors Office. It was noted that the City has an audit done every year by a firm which complies with statutory requirements, and which is available to the public. The requested audit is estimated to cost an additional $30,000 and would not supply any more information than the yearly City audit. Recent City Election and Appointment of Mayor to fill Mayor Abrahamson's RemaIning Term of Office City Attorney Magnuson proceeded to explain the chain of events for the appointment of Mayor to fill Mr. Abrahamson's remaining term. He stated that Mr. Abrahamson will resign the Mayor's office at 8:00 A.M. January 5, 1993 and take the oath of office as County Commissioner. The remaining Council is obligated to make an appointment to fill the Mayor's term as delegated by the City Charter. STAFF REPORTS Ed CaIn - Update on Levee Wall Funding r' 7 r Stillwater City Council Minutes November 10, 1992 Recessed Meeting Mr. Cain stated the President has signed the bill and the Corps of Engineers will begin work on the City's request. He will continue to meet and work with Staff regarding this item. 23, Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None r Johnson Controls Studies Extensive discussion followed regarding the study made by this firm and another individual who would like to help to procure bids for the project. This will be discussed further at a future meeting. 5. Pat Bantli - Meetin~ with Stillwater Tnshp. Officials after Jan. 1, 1993. Council took note 0 this Item. 6. Mn/DOT - Trunk Highway 36 Corridor Management Study. This item was discussed under "Staff Reports". 7. Mary Keefer - Appreciation for DARE program. Council took note of this item. 8. Mary & David Ruch - Appreciation for dead tree removal. Council took note of this item. 9. LMC - 1993 Policy Adoption Conference & Legislative Policies. r 8 r Stillwater City Council Minutes November 10, 1992 Recessed Meeting Council noted this item. 10. State of Minn.~ Office of the Governor - Notice of Meeting Date for Metro Council Dist. Vacancy. Council noted this item. 11. AMM - Metropolitan Council member nominations. Council tooK note of this item. 12. Arnold G. Jirik - Petition for Stillwater Audit. This item was discussed under "Council Request Items". 13. Wayne Wohlers, Park & Rec. Board - Residents infringing on parkland. Council took note of this Item. 14. City of St. Paul - Resolution concerning Constitutional Amendment. ThIS Items was discussed under "Staff Reports". ADJOURNMENT Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adjourn the meeting at 9:00 P.M. to Executive Session to discuss Labor Contract negotiations. (All in favor). r ~4~R ATTEST: ~ ~AL~MA/' c'fry CLERK~ Resolutions: No. 92-231 - Directing Payment of Bills. No. 92-235 - Accept Feasibility Report & Authorize Plans & Specs for Highlands III, L.1. 289. No. 92-236 - Supporting New Property Taxpayers Trust Fund in Minnesota. No. 92-237 - Minor Subdivision - Stillwater Indus. Pk. (Bill Pauley). r' 9 RECORD OF EXECUTIVE SESSION O",_cconvened: 'rllesday, NO'Jember 10, 1992 Time ConveneO: ~:lO p,m. Time adjourned: 9:30 p,m. M"!ffih"rs present: IJ.odl(lVlck, Opheim, Fact"ll, Funke and Mayor Abrahamson Membcn: absent: None Also present: City CGordin"tor Kriesel and Cily Attorney Magnuson Purpose of Execut.lveSession: '1'C)discUS6 "egarding Manager'" Association mediation; litig"tioe regarding worker's camp case. " "nd2) l"bor negotiiltions sb:-ategy UpdaLeeouncilonpotcnLial Action Taken: 1) Labor relations. Appointed COLJIlcilmember's Ilodlovick and Funke I.D attend the ffi"di.ation session I.C)~ the Man"ger's Association. 2) ~cc~pted City Coordi""tot"'s report OIl worker's camp ";Os,,. Attest; ;/L{~. 'I 'V. ~ _ . ,/ (CJU._____L..C/c/( ::ityCoordir,ator