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HomeMy WebLinkAbout2002-05-21 CC MIN CITY OF STILLWATER CITY COUNCIL MEETING NO. 02-10 May 21, 2002 REGULAR MEETING 7:00 P.M. Mayor Kimble called the meeting to order at 7:00 p.m. Present: Absent: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble None Also present: City Administrator Hansen City Attorney Magnuson Public Works Director Eckles Police Chief Dauffenbach Fire Chief Kallestad Community Development Director Russell City Clerk Ward Press: Julie Kink, Courier Laura Brinkoetter, Gazette PLEDGE OF ALLEGIANCE In honor of Memorial Day Councilmember Bealka lead the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to approve the May 7,2002 regular and executive session minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Senator Krentz - Leqislative Update Senator Krentz provided an update on the legislative session. She stated that the Brown's Creek/North Hill project is part of the bonding bill, but that it may be eliminated by the Governor's line item veto. She also stated that if it is eliminated by the Governor that she would do everything possible to get it approved again next year. Councilmember Rheinberger thanked Senator Krentz for her efforts on getting the project on the bonding bill. Mayor Kimble stated that he heard a rumor that all local projects were going to be line item vetoed because the Governor did not get his light rail funding. Senator Krentz stated that she supported the Governor on the light rail and felt that the Transportation Bill was a good bill. She hopes that her support will not eliminate the Brown's Creek/North Hill project from the bonding bill. City Council Meeting 02-10 May 21,2002 Mayor Kimble thanked Senator Krentz for her efforts and also stated that any effort to protect this project would be appreciated because it is not just a local project but an environmental project as well. Staples Park Mayor Kimble stated that he has received calls from neighborhood regarding the Council's decision reopening the reconfigured basketball court. He stated that the neighbors adjacent to the basketball court were not in favor of the reopening of the court. He also stated that even though he does not live adjacent to the basketball court he has had his share of instances where he had to throw people off the court due to their behavior. The people that are using this court were not residents. Mr. Burt Dvergsdal, 1001 Everett Street, stated that the Council wisely and courageously closed the court and it has been a positive thing for the neighborhood since it had been closed. He also stated that the reconfiguration of the courts would not eliminate the noise or the element using the courts. Ms. Sandy Snellman, member of the Parks Board, reviewed the Park Board's actions. She stated that the Board is trying to find a good compromise for the use. She also stated that it was the board's understanding that the problem was not really the basketball use, but the element it was attracting. The board felt that the reconfiguration would eliminate that concern and that this idea was being done on a trial basis. Ms. Ann Thompson, 401 W. Wilkins, stated that the neighbors cannot leave their windows open because of the noise the basketball court generates. She stated that half courts are not going to alleviate the problem of noise or the bad element that uses the facility. Ms. Amy Thompson, 401 W. Wilkins, stated that when the basketball court was being used she didn't feel safe walking her dog by the court, she was sexually harassed with comments etc. by the users of the court. She stated that with the court closed it has been very nice in the neighborhood. Mr. Herb Roettger, 318 W. Wilkins, stated that a facility such as this should have a suitable buffer between the courts and the residences. Councilmember Rheinberger stated that he felt the court should be permanently closed. Councilmember Milbrandt stated that the Park's Board did not want to throw out the possibility of basketball use, that it was recommending a trial basis, and that if there were problems the Police Chief had the authority to shut it down. Council member Zoller stated he would support rescinding the previous decision however he wanted the Park Board and Council to look at other options for the use of the property. 2 City Council Meeting 02-10 May 21,2002 Motion by Councilmember Rheinberger, seconded by Councilmember Bealka to permanently close the basketball court and direct the Parks Board and staff to bring back to Council other options for this portion of park. Ayes: Councilmember Bealka, Rheinberger, Zoller, and Mayor Kimble Nays: Councilmember Milbrandt STAFF REPORTS Public Works Director Eckles reviewed the MPCA's Phase II Storm Water Program. He stated that this program would have a significant development and financial impact throughout the State because there are so many rivers and streams throughout the State. He also stated that he has been working with the League of Minnesota Cities to develop a "boiler plate" permit so that cities do not have to duplicate processes. He stated that the City's participation would be approximately $5,000 and if the City did it on its own it would cost substantially more. Mr. Eckles also stated that a hearing is going to be held on May 28, 2002 on this issue and requested that the Council designate him or the Mayor to testify at this hearing. He also stated that a letter from the City should be sent to MPCA outlining the concerns on this program. Councilmember Rheinberger stated that Mr. Eckles has the expertise and should testify at the hearing. Mayor Kimble concurred. Motion by Councilmember Rheinberger, seconded by Council member Bealka authorizing Mr. Eckles to speak on behalf of the City at the MCPA hearing held on May 28, 2002 and to prepare a letter outlining concerns on this program. All in favor. Public Works Director Eckles stated that in the near future Council would have to make a decision on the North Hill project. He stated that either the project should be ordered or an assessment hearing be called. He also stated that it would be hard to hold an assessment hearing because of the unknown funding factors involved. He stated that the year is up for a decision in July and he would bring this issue up again in June. CONSENT AGENDA Motion by Councilmember Bealka, seconded by Councilmember Rheinberger to approve the Consent Agenda. All in favor. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Resolution 2002-115, directing payment of bills Authorization to Final Stretch, Inc. to hold portion of Gopher to Badger Half Marathon in the City on Saturday, August 10, 2002 Sewer Bill Adjustments Resolution 2002-116, approving guaranteed maintenance agreement with Stillwater Ford Request to purchase of a new computer for the Community Development Department 3 City Council Meeting 02-10 May 21,2002 Resolution 2002-117, accepting work and ordering final payment for Lily Lake Improvements (Project 9616) UNFINISHED BUSINESS DesiQnation of dates for PledQe of Alleqiance Mayor Kimble reviewed the memo from City Clerk Ward regarding the setting of special dates for placing the Pledge of Allegiance on the agenda. He stated that the special dates were the second meeting in May for Memorial Day; first meeting in June for Flag Day; first meeting in July for 4th of July; first meeting in November for Veterans Day. Motion by Council member Milbrandt, seconded by Councilmember Rheinberger designating second meeting in May for Memorial Day; first meeting in June for Flag Day; first meeting in July for 4th of July; first meeting in November for Veterans Day and staff to provide a schedule of dates for next year at the December meeting. All in favor. Second readinq of an Ordinance 923. amendinq Chapter 30 of the Stillwater Citv Code entitled GarbaQe and Rubbish Mayor Kimble reviewed the ordinance relating to garbage and rubbish. Motion by Council member Bealka, seconded by Councilmember Rheinberger, adopting Ordinance 923, amending Chapter 30 of the Stillwater City Code entitled Garbage and Rubbish. All in favor. Ayes: Council members Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Second readinQ of an Ordinance 924 adoptinQ Appendix II-K of the Minnesota Uniform Fire Code. prohibitinq barbeque qrills on balconies of apartment buildinqs Mayor Kimble reviewed the ordinance relating to Appendix II-K of the Minnesota Uniform Fire Code, prohibiting barbeque grills on balconies of apartment buildings Councilmember Milbrandt asked if this included the changes recommended in Chief Kallestad's memo. City Attorney Magnuson stated that it reflected those changes. Motion by Councilmember Rheinberger, seconded by Council member Zoller, to adopt Ordinance 924 adopting Appendix II-K of the Minnesota Uniform Fire Code, prohibiting barbeque grills on balconies of apartment buildings. All in favor. Ayes: Council members Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None 4 City Council Meeting 02-10 May 21,2002 Approval of resolutions for Librarv fundinq Mayor Kimble reviewed the proposed resolutions relating to the library expansion and funding. Councilmember Rheinberger stated that he felt that the impact on the taxpayers would be too great and that the proposed commitment would actually amount to $7.5 million considering interest. He also stated that the library should be merged with the County because the City has core concerns that should be paid attention to such as streets and utilities. Council member Milbrandt stated that the library is one of the most living and growing assets of the community and we should commit to that growth. He also stated that adopting the resolutions is committing to the idea, but not determining exactly how to fund it at this time. Councilmember Zoller stated agreed with Councilmember Milbrandt and supported the library expansion. Councilmember Bealka expressed concern on the price tag of the parking lot. He also stated that the sales tax proposal as a method of funding was not well accepted and asked if the issue could be tabled to be discussed further. Mayor Kimble stated that the purpose of the resolutions is to give support to the proposal so that the Library Task Force can meet with various foundations to raise the money the Library Board has committed. Motion by Councilmember Milbrandt, Seconded by Councilmember Zoller to adopt Resolution 2002-118, approving proposed Library Expansion/Renovation Project. Ayes: Councilmembers Bealka, Milbrandt, Zoller and Mayor Kimble Nays: Councilmember Rheinberger Motion by Council member Zoller, seconded by Councilmember Milbrandt to adopt Resolution 2002-119, approving a parking facility as a part of the Library Expansion Project. Ayes: Councilmembers Bealka, Milbrandt, Zoller and Mayor Kimble Nays: Council member Rheinberger NEW BUSINESS Approval of transfer of tobacco license - Stillwater Texaco to Yocum Oil Companv Mayor Kimble reviewed the request for a transfer of a tobacco license at 2500 West Orleans for Stillwater Texaco to Yocum Oil Company. Motion by Council member Rheinberger, seconded by Council member Bealka to adopt Resolution 2002.120, approving transfer of ownership of tobacco license for Stillwater Texaco to Yocum Oil Company. All in favor 5 City Council Meeting 02-10 May 21, 2002 Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Alternative Dates for November 5 Council Meetinq and date for canvassinQ votes for Primarv Election Mayor Kimble reviewed the various alternative dates for the first Council meeting in November and dates for the canvassing board to meet after the Primary Election. Councilmember Rheinberger stated he would like to have the meeting scheduled for November 6 or 7 because he did not think he would be available on November 12. Councilmember Zoller stated that in the past, changed or special meetings where held on Tuesdays, so November 12 would be consistent to what has been done in the past. Council member Zoller asked about the canvassing board meeting after the General Election. City Clerk Ward stated that November 12 is within the seven-day requirement for the canvassing of votes and would be the first item at the 4:30 meeting on November 12. Motion by Council member Bealka, seconded by Councilmember Zoller setting Tuesday, November 12, 2002 as the alternative date for the first meeting in November and designating Wednesday, September 11, 2002 at 7:30 a.m. as a special meeting to canvass votes after the Primary Election. Ayes: Councilmember Bealka, Milbrandt, Zoller and Mayor Kimble Nays: Council member Rheinberger 2002 Sidewalk Repair Proiect Mayor Kimble reviewed the memo from Assistant City Engineer Sanders regarding the 2002 Sidewalk Rehabilitation Project. Motion by Councilmember Milbrandt, seconded by Councilmember Rheinberger to adopt Resolution 2002-121, resolution ordering preparation of report for the 2002 Sidewalk Rehabilitation Project (Project 2002-11). All in favor. Corrective Action on ordinance City Attorney Magnuson stated that staff has recently discovered that a section of the City Code was inadvertently stricken by Ordinance No. 860. He stated that the ordinance was intended to replace some sections that dealt with home occupation regulations. He also stated that when the ordinances were recodified, it had the affect of deleting multifamily uses as a use permitted by Special Use Permit in the RB-Two Family District. Mr. Magnuson recommended that Ordinance 860A be adopted to correct the mistake and that because it is a corrective action that it can be enacted without two readings. 6 City Council Meeting 02-10 May 21, 2002 Motion by Council member Rheinberger, seconded by Council member Bealka to adopt Ordinance 860A, an ordinance correcting the scrivener error in Ordinance 860 of the City of Stillwater. All in favor. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Meadowlark Park Drainaoe Mayor Kimble reviewed Public Works Director Eckles' memo regarding the installation of pipe to prevent flooding at Meadowlark Park. He stated that Mr. Eckles has received a quote from CW. Houle, the contractor for the 2002 Street Improvement Project. He recommended that this project be added to the 2002 Street Improvement Project as a change order. Public Works Director Eckles stated that the pipe that has collapsed was installed approximately 20 years ago and that 3-4 years ago the City installed an extension to the 20-year-old pipe because it did not reach the low area of the park to provide drainage to the park. Councilmember Zoller asked if this would be paid from the Storm Water Utility Fund or be assessed as part of the 2002 Street Improvement project. Public Works Director Eckles stated that it could be done either way, but being that the street improvements are being done in the same area and it is beneficial to the neighborhood it would be justified to be included in the 2002 Street Improvments. Councilmember Milbrandt asked if this is the project that was bid considerably lower than the Engineer's estimate. Mr. Eckles stated that was correct. Motion by Councilmember Rheinberger, seconded by Council member Bealka directing staff to prepare a change order for 2002 Street Improvement to include Meadowlark Park Culvert improvements. All in favor. Transfer of On-Sale & Sundav liquor License - Cutter's Pub & Grub Mayor Kimble reviewed the request for an On-Sale and Sunday liquor license transfer from Cutter's Pub & Grub, Ltd. to J. & C. Enterprises of Stillwater. Motion by Council member Rheinberger, seconded by Councilmember Milbrandt to adopt Resolution 2002-122, approving transfer of On Sale and Sunday liquor license from Cutter's Pub & Grub, Ltd. to J. & C. Enterprises of Stillwater, subject to approval by the Police, Fire, Building, Finance Departments and Minnesota Liquor Control. All in favor Ayes: Council members Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None 7 City Council Meeting 02-10 May 21, 2002 COMMUNICA TIONSIREQUESTS John & Melissa Uppqren. Arcola Development Company. LLC reQardinq 270 North Main Mayor Kimble reviewed the request from John & Melissa Uppgren, Arcola Development Company, to work with staff on the possibility to improve and lease a portion of the City owned property west of their building for the purpose of providing additional parking. Motion by Councilmember Rheinberger, seconded by Council member Milbrandt directing staff to investigate the Uppgren's request and also get input from the Downtown Parking Commission. All in favor. ADJOURNMENT Motion by Councilmember Bealka, seconded by Councilmember Rheinberger to adjourn at 8:38 p.m. #/;1/ Jay i b ,Mayor ATTEST: ~~J.kJML Diane F. Ward, City Clerk Resolution 2002-115, directing payment of bills Resolution 2002.116, approving guaranteed maintenance agreement with Stillwater Ford Resolution 2002-117, accepting work and ordering final payment for Lily Lake Improvements (Project 9616) Resolution 2002-118, approving proposed Library Expansion/Renovation Project. Resolution 2002-119, approving a parking facility as a part of the Library Expansion Project. Resolution 2002-120, approving transfer of ownership of tobacco license for Stillwater Texaco to Yocum Oil Company. Resolution 2002-121, resolution ordering preparation of report for the 2002 Sidewalk Rehabilitation Project (Project 2002-11). Resolution 2002-122, approving transfer of On Sale and Sunday liquor license from Cutter's Pub & Grub, Ltd. to J. & C. Enterprises of Stillwater. Ordinance 923, amending Chapter 30 of the Stillwater City Code entitled Garbage and Rubbish. Ordinance 924 adopting Appendix II-K of the Minnesota Uniform Fire Code, prohibiting barbeque grills on balconies of apartment buildings. Ordinance 860A, an ordinance correcting the scrivener error in Ordinance 860 of the City of Stillwater. 8