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HomeMy WebLinkAbout2003-10-21 CC MIN CITY OF STILLWATER CITY COUNCIL MEETING NO. 03-22 October 21, 2003 SPECIAL MEETING 4:30 P.M. Mayor Kimble called the meeting to order at 4:30 p.m. Present: Absent: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble None Others Present: City Administrator Hansen Police Chief Dauffenbach Public Works Director Eckles City Attorney Magnuson Fire Chief Kallestad Community Development Director Russell City Clerk Ward OTHER BUSINESS Possible qift of park land Mr. and Mrs. Tom Armstrong provided information on the property they own and wish to construct a tiered park on that property. When completed they would like to gift it to the City. Mr. Dewy Thorbeck, park designer for the Armstrongs, reviewed the proposed design of the park. Mr. Armstrong requested that the staff work with Mr. Thorbeck and himself on this project. He stated that he would be going through the various processes with the City and meeting with the neighborhood on this project. Motion by Council member Rheinberger, seconded by Councilmember Milbrandt approving the concept; waive the building fees for this project and directing staff to work with Mr. Armstrong on this project. All in favor. Mayor Kimble indicated that the War Memorial Committee is continuing their fundraising and suggested that the building permit fees be waived for this project as well. Motion by Council member Kriesel, seconded by Councilmember Rheinberger to waive the building fees for the War Memorial. All in favor. Mayor Kimble stated that he received a request from the Perennial Garden Club for the authorization to apply for a matching grant of up to $3,000 for a sprinkler system at the City Council Meeting - 03-22 October 21,2003 garden they maintain adjacent to the old post office building, across from the Lowell Inn. He stated that this garden has been in existence since the 1930s and has been maintained by the garden club since the 1960s. He also stated that the request is a matching grant and the City would match the amount of the grant received, but not to exceed $3,000. Motion by Council member Rheinberger, seconded by Councilmember Kriesel to adopt Resolution 2003-223, authorizing the grant application to Historic Gardens Project. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Mayor Kimble adjourned the meeting at 5: 15 p.m. REGULAR MEETING 7:00 p.m. Mayor Kimble called the meeting to order at 7: 1 0 p.m. Present: Absent: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble None Others Present: City Administrator Hansen Police Chief Dauffenbach Public Works Director Eckles City Attorney Magnuson City Clerk Ward APPROVAL OF MINUTES Approval of October 7. 2003 reaular and recessed meetina minutes. Motion by Councilmember Rheinberger, seconded by Councilmember Junker to approve the October 7, 2003 regular and recessed meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Administration of Oath to new Stillwater Police Officer Chris Kopel Police Chief Dauffenbach introduced new Stillwater Police Officer Chris Kopel. Mayor Kimble administered the oath to Chris Kopel. Page 2 of 9 City Council Meeting - 03-22 October 21,2003 Reconsideration of Smokino Policv in City Parks - Pat Gallioher. Sue Hedlund. Paulette Swanson Motion by Councilmember Kriesel, seconded by Councilmember Junker to table to October 28, 2003 meeting because representatives were not in attendance. All in favor. STAFF REPORTS Councilmember Rheinberger stated that he thought Council should enter into discussions with the School District regarding the Old Athletic Field because that when they do try to sell it the City might not be able to afford to purchase the property. City Attorney Magnuson stated that his report on the issue would be available at the November meeting. City Administrator Hansen informed the Council that once the School Board receives the report from the task force that he has been assured that the City will be invited to discussions with the School Board. City Administrator Hansen requested a special meeting either November 5 or 6 for a joint meeting with the Oak Park Heights City Council regarding the button hook locations on Highway 36 and to receive bids and award contract for the North Hill Improvements. Councilmember Rheinberger stated that he would not be able to attend either date. Motion by Council member Kriesel, seconded by Councilmember Junker setting Wednesday, November 5, 2003 at 4:30 p.m. as a special meeting. All in favor. CONSENT AGENDA Motion by Councilmember Rheinberger, seconded by Council member Milbrandt to approve the Consent Agenda. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Resolution 2003-220, directing payment of bills Approval of request from Elks Lodge for Lily Lake Tennis Courts for sale of Christmas trees Resolution 2003-221, approval of agreement with Safeassure consultants, inc. for OSHA and safety consultation Approval of utility bill adjustments Resolution 2003-222, approval of Change Order #2 for the McKusick Storm Sewerrrraillmprovements (Project 2002-04A) Page 3 of 9 City Council Meeting - 03-22 October 21,2003 PUBLIC HEARINGS This is the date and time for a public hearina to consider the assessment to expenses related to enoineerino, contractual. and oeotechnical assistance for the temporary repair on the retainino wall on the west side of property owned bv Mr. Tonv Lodoe. Notice was mailed to the affected property owner on October 1. 2003. Public Works Director Eckles reviewed the proposed assessment for the property located at 220 East Mulberry, Geocode 28.030.20.13.0145. He stated that this assessment is only for the temporary repair and that permanent repair of the retaining wall will need to take place. Mayor Kimble opened the public hearing. There were no public comments. Mayor Kimble closed the public hearing. Councilmember Junker asked if future repairs could be assessed. City Attorney Magnuson responded that these assessments are for costs incurred to date and that any future costs can be assessed. Motion by Councilmember Rheinberger, seconded by Council member Junker to adopt Resolution 2003-224, resolution adopting assessment for expenses related to temporary repair of retaining wall. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None This is the date and time for a public hearina to consider the assessment for the demolition expenses for 501 S. 2nd Street owned bv Brad Castle. Notice was mailed to the affected property owner on October 3. 2003. City Administrator Hansen reviewed the proposed assessments for the demolition expenses for 501 S. 2nd Street. Council member Milbrandt asked if there has been any work done in the 15 days allowed by Council at the October 7,2003 meeting. Mr. Hansen stated that no work has been done. Council member Junker expressed concern on the condition of the property and requested that staff be directed to clean up the area so that the sidewalk could be used. Mayor Kimble opened the public hearing. Page 4 of 9 City Council Meeting - 03-22 October 21 , 2003 There were no public comments. Mayor Kimble closed the public hearing. Motion by Council member Rheinberger, seconded by Councilmember Junker to adopt Resolution 2003-225, resolution adopting assessment for demolition of property at 501 South 2nd Street (L.1. 359) and directed staff to clean up the property and sidewalk for health and safety issues. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None UNFINISHED BUSINESS Second readina of ordinances Ordinance No. 940A - Electric Franchise Ordinance: Ordinance No. 940B-an ordinance implementinQ an electric service franchise fee on Northern States Power Company. a Minnesota Corporation. D/B/A Xcel EnerQV. its successors and assians. for providina electric enemy service within the City of Stillwater; Ordinance No. 940C - Gas Franchise Ordinance: and Ordinance No. 9400 - an ordinance implementinQ an Qas service franchise fee on Northern States Power Company. a Minnesota Corporation. D/B/A Xcel Enerav. its successors and assiQns. for providinQ electric enemy service within the City of Stillwater. City Attorney Magnuson reviewed the proposed ordinances relating to the electric and gas franchises and fees. He also provided an update on his and City Administrator Hansen's meeting with Xcel Energy. Council member Rheinberger stated that he is against the franchise fee because the property tax and traditional sources should be the basis of revenue. He stated he is against any type of tax to the residents, which includes the franchise fee, and he would not support this fee. Council member Junker asked about the degradation issue. City Administrator Hansen stated that nothing has been changed in the franchise ordinance relating to that issue. He stated that Xcel has agreed to disagree on this issue so this would be dealt with as a separate issue. Councilmember Kriesel stated that he understands Councilmember Rheinberger's concerns; however, the fees are necessary to retain core services and that no one on the Council really likes implementing these fees. He suggested that when an alternative revenue source is implemented that Council review the possibility of eliminating the franchise fees. Page 5 of 9 City Council Meeting - 03-22 October 21 , 2003 Motion by Councilmember Milbrandt, seconded by Councilmember Junker to adopt Ordinance No. 940A, Electric Franchise Ordinance, An ordinance granting to Northern States Power Company, A Minnesota Corporation, d/b/a Xcel energy its successors and assigns, permission to construct, operate, repair and maintain in the City of Stillwater, Minnesota, an electric distribution system and transmission lines, including necessary poles, lines, fixtures and appurtenances, for the furnishing of electric energy to the City, its inhabitants, and others, and to use the public ways and public grounds of the city for such purposes. Ayes: Councilmembers Kriesel, Milbrandt, Junker and Mayor Kimble Nays: Councilmember Rheinberger Motion by Council member Milbrandt, seconded by Council member Kriesel to adopt Ordinance No. 9408, An Ordinance Implementing An Electric Service Franchise Fee On Northern States Power Company, A Minnesota Corporation, D/B/A Xcel Energy, Its Successors and Assigns, For Providing Electric Energy Service Within the City of Stillwater Ayes: Council members Kriesel, Milbrandt, Junker and Mayor Kimble Nays: Council member Rheinberger Motion by Council member Milbrandt, seconded by Councilmember Junker to adopt Ordinance No. 940C, gas franchise ordinance, An ordinance granting to Northern States Power Company, A Minnesota Corporation, d/b/a Xcel energy its successors and assigns, permission to erect a gas distribution system for the purposes of constructing, operating, repairing and maintaining in the City of Stillwater, Minnesota, the necessary gas pipes, mains and appurtenances for the transmission or distribution of gas to the city and its inhabitants and others and transmitting gas into and through the city and to use the public ways and public grounds of the city for such purposes. Ayes: Councilmembers Kriesel, Milbrandt, Junker and Mayor Kimble Nays: Councilmember Rheinberger Motion by Councilmember Milbrandt, seconded by Council member Kriesel to adopt Ordinance No. 9400, an ordinance implementing a gas service franchise fee on Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, its ~uccessors and assigns, for providing gas service within the City of Stillwater. Ayes: Councilmembers Kriesel, Milbrandt, Junker and Mayor Kimble Nays: Council member Rheinberger Adoption of resolution adoptina assessment for 418 Harriet St S. Geocode No. 2803020340075 Public Works Director Eckles reviewed the proposed assessment for 418 Harriet Street S. He stated that staff met with Mr. Christensen at the beginning of the project and he was told the approximate assessment for his property. He stated that staff has reduced Page 6 of 9 City Council Meeting - 03-22 October 21 , 2003 his assessment approximately $1800 and recommended that the revised assessment amount be adopted. Mr. Christensen stated that he felt that his assessment for the water was still too high. He also stated that the street and curb and gutter assessment should be determined by the amount of use because other properties such as duplexes use the street more. Mayor Kimble explained to Mr. Christensen that the City pays for 50% of the improvement costs and that other cities do assess 100% of the cost to abutting property owners, so the City is subsidizing this project. Motion by Councilmember Rheinberger, seconded by Councilmember Kriesel to adopt Resolution 2003-226, resolution adopting assessment for 418 South Harriett Street 2003 Street Improvement Project (Project 2003-02, L.1.358). All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None NEW BUSINESS Approval of transfer of on-sale and Sunday liquor license to St. Croix Preservation Company. Inc. DBA: Lumber Barons to St. Croix Preservation Company DBA: Water Street Inn Mayor Kimble reviewed the memo from City Clerk Ward regarding the transfer of an on- sale and Sunday liquor license to St. Croix Preservation Company, Inc. DBA: Lumber Barons to St. Croix Preservation Company DBA: Water Street Inn Motion by Councilmember Rheinberger, seconded by Council member Milbrandt to adopt Resolution 2003-227, approving transfer of on-sale and Sunday liquor license to St. Croix Preservation Company, Inc., DBA: Lumber Barons to St. Croix Preservation Company, DBA Water Street Inn. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None COUNCIL REQUEST ITEMS Council member Kriesel stated that he has spoken to some residents that live on Everett and they complimented Shawn Sanders and Tim Moore on their communications and work on the project. ADJOURNMENT Motion by Council member Rheinberger, seconded by Councilmember Junker to adjourn the meeting at 8:10 p.m. Page 7 of 9 City Council Meeting - 03-22 October 21,2003 ~~ ATTEST: ~~td u1&-~ _ / lane F. Ward, City Clerk Resolution 2003-220, directing payment of bills Approval of request from Elks Lodge for Lily Lake Tennis Courts for sale of Christmas trees Resolution 2003-221, approval of agreement with Safeassure consultants, inc. for OSHA and safety consultation Approval of utility bill adjustments Resolution 2003-222, approval of Change Order #2 for the McKusick Storm Sewer/Trail Improvements (Project 2002-04A) Resolution 2003-223, authorizing the grant application to Historic Gardens Project Resolution 2003-224, resolution adopting assessment for expenses related to temporary repair of retaining wall Resolution 2003-225, resolution adopting assessment for demolition of property at 501 South 2nd Street (L.I. 359) and directed staff to clean up the property and sidewalk for health and safety issues Resolution 2003-226, resolution adopting assessment for 418 South Harriett Street 2003 Street Improvement Project (Project 2003-02, L.1.358 Resolution 2003-227, approving transfer of on-sale and Sunday liquor license to St. Croix Preservation Company, Inc., DBA: Lumber Barons to St. Croix Preservation Company, DBA Water Street Inn Ordinance No. 940A, Electric Franchise Ordinance, An ordinance granting to Northern States Power Company, A Minnesota Corporation, d/b/a Xcel energy its successors and assigns, permission to construct, operate, repair and maintain in the City of Stillwater, Minnesota, an electric distribution system and transmission lines, including necessary poles, lines, fixtures and appurtenances, for the furnishing of electric energy to the City, its inhabitants, and others, and to use the public ways and public grounds of the city for such purposes. Ordinance No. 9408, An Ordinance Implementing An Electric Service Franchise Fee On Northern States Power Company, A Minnesota Corporation, D/B/A Xcel Energy, Its Successors and Assigns, For Providing Electric Energy Service Within the City of Stillwater Ordinance No. 940C, gas franchise ordinance, An ordinance granting to Northern States Power Company, A Minnesota Corporation, d/b/a Xcel energy its successors and assigns, permission to erect a gas distribution system for the purposes of constructing, operating, repairing and maintaining in the City of Stillwater, Minnesota, the necessary gas pipes, mains and appurtenances for the transmission or distribution of gas to the city and its inhabitants and Page 8 of 9 City Council Meeting - 03-22 October 21, 2003 others and transmitting gas into and through the city and to use the public ways and public grounds of the city for such purposes. Ordinance No. 9400, an ordinance implementing a gas service franchise fee on Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, its successors and assigns, for providing gas service within the City of Stillwater. Page 9 of 9