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HomeMy WebLinkAbout2002-06-18 CC MIN CITY OF STILLWATER CITY COUNCIL MEETING NO. 02-12 June 18,2002 REGULAR MEETING 7:00 P.M. Mayor Kimble called the meeting to order at 7:00 p.m. Present: Absent: Council members Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble None Also present: City Administrator Hansen City Attorney Magnuson Public Works Director Eckles Fire Chief Kallestad City Clerk Ward Director of Administration Knauss Assistant Finance Director Harrison Press: Julie Kink, Courier PLEDGE OF ALLEGIANCE In honor of Flag Day Council member Bealka lead the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Rheinberger, seconded by Councilmember Zoller to approve the June 4, 2002 regular minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Amv Senn. 602 N 5th Street - Request for variance to the noise ordinance Ms. Amy Senn reviewed her request to hold a gathering at her home on Saturday, July 27,2002. She stated that there would be a live band and she would like to have the band play until midnight. She also stated that the neighbors are aware and invited to the party. Motion by Council member Rheinberger, seconded by Councilmember Bealka approving a variance to the noise ordinance, for the band, with the condition that the band quits playing at midnight and that the variance is only granted for this year. All in favor. Tom Koop. Larson Allen Weishair and Co.. LLP - City Financial Statement Mr. Tom Koop provided an overview of the City financial statement. He also reviewed graphs for various funds showing expenditures and revenues, operating levy and debt levy; capital outlay and construction-governmental funds, total next tax capacity and legal debt margin. He commended Ms. Harrison and the Finance Department for their part in providing the information and preparing the financial statement. The City is in good financial condition. Mayor Kimble commended Ms. Harrison and the Finance Department for their hard work and excellent preparation of the financial statement. Motion by Council member Milbrandt, seconded by Council member Rheinberger to accept the 2001 audit. All in favor. OPEN FORUM Mr. John Kershbaum, Gondola on the St. Croix, stated that he received approval to operate from the City docks through Mr. Anderson, however the arrangement is not working out because the transient slips maybe full or he has to load and unload passengers when the riverboats are gone. He stated that Mr. Anderson informed him that he could no longer park at the dock he can only pick up and drop off passengers. Mr. Kershbaum said his business has gone very well but his business is by impulse and that when he has scheduled appointments his customers do not know where to find him. He requested that he be allowed to pick up, drop off passengers for his gondola business from the levee, no signs just load, and unload of passengers. Mr. Kershbaum stated that if he does not find a place he would be out of business. Mayor Kimble explained our restrictions of no commercial operations from the levee. Councilmember Rheinberger stated he wanted Mr. Kershbaum's business to succeed and would support a variance. Councilmember Zoller stated that he did not want to set precedence that next year someone else could come in and request to use the levee, but he would support Mr. Kershbaum's use of the levee for the remainder of this season, but he needs to find a more a permanent home next year. Councilmember Milbrandt expressed concern on allowing Mr. Kershbaum to use the levee for his business and that it was expressly addressed at the Park Board when they recommended approval of the use of the City docks. He also feared that it would set precedent on allowing other commercial businesses to operate from the levee. He stated that he would like to see Mr. Kershbaum try to work something out with Mr. Anderson. Mr. Kershbaum explained that he has tried to work with Mr. Anderson and has paid Mr. Anderson $2.00 per person to cover the daily slip fee. He also stated that he called Mayor Kimble because he did not know what to do and does not want to lose his business. Mayor Kimble agreed with Councilmember Zoller's suggestion on the variance for the remainder of the season and that he should find a more permanent home. City Attorney Magnuson stated that the Council is in control of the waterfront. He stated that if Council chooses to allow Mr. Kershbaum to use the levee for the remainder of the 2 year it does not mean that Council cannot turn someone else down this year or next year. Motion by Council member Rheinberger, seconded by Councilmember Bealka approving a variance to Mr. Kershbaum to load and unload passengers at the levee for the remainder of this season and direct City Attorney Magnuson to revise the wharfage permit for this year. Ayes: Councilmembers Bealka, Rheinberger, Zoller, and Mayor Kimble Nays: Councilmember Milbrandt CONSENT AGENDA" Motion by Council member Rheinberger, seconded by Council member Zoller to approve the consent agenda. All in favor. Resolution 2002-136, directing payment of bills Resolution 2002-137, adopting Data Practices Policy Resolution 2002.138, approving Direct Deposit Policy Resolution 2002-139, approving 2002 Memorandum of Agreement for Curbside Recycling Grant Distribution Resolution 2002-140, approval of 2002-2003 Minnesota Releaf Community Forest Health Program Application Approval of 2002 Capital Budget Reallocation - Library Approval of release of funds from Capital Budget - Library Resolution 2002-141, approving agreement with Jim and Polly Hoy for Storm Sewer Installation Resolution 2002.142, approving Minnesota Premises Permit For Gambling For Forest Lake Hockey Association, At St. Croix Crab House (St. Croix Music Cafe) At 317 South Main Street Approval of Permit to Sell 3.2 percent malt liquor at Lily Lake Ballfields - Nick Sortedahl, applicant NEW BUSINESS Possible appointment to Water Board (Resolution) Mayor Kimble reviewed the memo from City Clerk Ward regarding the appointment to the Water Board. He stated that an application have been received from Mr. Robert Thompson and Mr. Richard Waterfield. Motion by Council member Rheinberger, seconded by Council member Zoller to adopt Resolution 2002-143, approving appointment to Board of Water Commissioners. All in favor. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Possible approval of Chanqe Order request for addition of Fuel Dispensinq Equipment at PW facilitv Public Works Director Eckles reviewed a change order request for $64,731 for adding gasoline and diesel tanks and pumps along with the necessary electronic monitoring and reporting systems. He stated that this will be available to all departments, allows 3 for the purchase of fuel at bulk prices, and the tracking of fuel usage for all vehicles, equipment and departments. Councilmember Zoller stated that this would provide for a good equipment management system. Council member Rheinberger asked if the fuel cost would be reduced by 10 percent. Public Works Director Eckles stated that for diesel fuel it will be even more than 10 percent because the City will not pay the road tax cost at the retail pumps and approximately six cents a gallon on gasoline. Motion by Council member Rheinberger, seconded by Council member Milbrandt adopting Resolution 2002-144, approving Change Order for fuel dispensing equipment at the Public Works facility. All in favor. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Possible approval of Chanqe Order for additional insulation for Public Works Facilitv Public Works Director Eckles reviewed the request for a change order for the installation of a steel stud wall system for the public works facility. Motion by Council member Bealka, seconded by Council member Rheinberger to adopting Resolution 2002-145, approving Change Order for steel stud wall system for the Public Works facility. All in favor. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Possible approval of aQreement with Department of Natural Resources for the Creekside NeiQhborhood Wilds Proiect Public Works Director Eckles reviewed the agreement with the Department of Natural Resources for the Creekside Neighborhood Wilds Project. He stated that the neighborhood will be doing the work and the City will act as the fiscal agent for the grant. He also stated that the project would serve as a demonstration project where homeowners increase wild life habitat by planting buffer areas and native plant species. Motion by Council member Zoller, seconded by Council member Milbrandt to adopt Resolution 2002-146, resolution approving agreement with Department of Natural Resources for the Creekside Neighborhood Wilds Project. All in favor. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Possible approval of plans and specs and authorization for bids for Curve Crest Boulevard Public Works Director Eckles stated that the plans and specifications have been completed for the Curve Crest Boulevard project and requested authorization to 4 advertise for bids. He stated that the project would widen the current 62nd Street from Manning Avenue to Timber Way. He also stated that ultimately Curve Crest would extend from County Road 5 to Manning. This is Phase II of a three phase project. Mayor Kimble asked about completing the road all the way through and if we should negotiate right of way from the Bergmanns. He stated he is concerned about accidents happening in this area. Mr. Eckles stated that staff would approach the property owners to see if something could be done. Motion by Councilmember Rheinberger, seconded by Councilmember Bealka to adopt Resolution 2002-147, approving specifications and ordering advertisement for bids for the Curve Crest Boulevard Extension (Project 2001-24). All in favor. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Possible participation in National Pollutant DischarQe Elimination System. NPDES Permit Guide Plan Public Works Director Eckles stated that the League of Minnesota Cities requests that the City participate in the preparation of a guide plan for the impending NPDES Phase II Permit. This plan will be used by participating cities to complete the Phase II permit. The cost to the City would be $5,000. Motion by Council member Rheinberger, seconded by Council member Milbrandt to adopt Resolution 2002-148, participation in preparation of National Pollutant Discharge Elimination System (NPDES) Phase II Permit. All in favor. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Possible transfer of On-Sale & Sunday Liquor License - Vittorio's Inc. to Terrintella's Corp. DBA: Buena Sera Restaurant Mayor Kimble reviewed the transfer of On-Sale & Sunday Liquor License from Vittorio's Inc. to Terrintella's Corporation. Motion by Council member Milbrandt, seconded by Councilmember Rheinberger to adopt Resolution 2002-149, approving transfer of On-Sale and Sunday Liquor License From Vittorio's Inc. to Terrintella's Corporation, DBA, Buena Sera Restaurant conditioned upon approval of the Building, Fire, Police, Finance and Liquor Control. All in favor. Ayes: Council members Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Workshop with Charter Commission reqardinQ Commission's Water Board Study Mayor Kimble stated that the Charter Commission wishes to have a workshop with Council to discuss their Water Board Study. 5 Motion by Council member Rheinberger, seconded by Councilmember Zoller to set a special meeting for 4:30 p.m., Tuesday, July 23, 2002. All in favor. COMMUNICATIONS/REQUESTS Mayor Kimble stated that a communication has been received from Stillwater Schools indicating that they will have an operating and down payment levy question on the ballot this fall and will be attending a meeting in the fall to present the facts of the levy questions. COUNCIL REQUEST ITEMS Council member Bealka asked for an update on the Curve Crest Lighting project. Public Works Director Eckles stated that there is a signed contract. Mayor Kimble stated that there has been transfer of property and they will be proceeding with demolition. He states he received a request from the owners at 501 N Main regarding the use of the parking lot for sales until the environmental work is done on the property. Councilmember Rheinberger stated that there should be a time limitation. Councilmember Milbrandt stated it should begin after Lumberjack Days. Motion by Council member Bealka, seconded by Councilmember Rheinberger to allow the use of the parking lot beginning August 1 for a period of one year and have to remove after their property has final grade. All in favor. Mayor Kimble stated that there are two homes that are owned by churches (Church of Christ Scientists and St. Paul's Lutheran) and would like to utilize the properties the homes sit on for additional parking. He stated that that the churches would like to move the houses to other property within the City. He stated that he has discussed with Steve Russell the possibility of putting the homes on the Parks Department property next to Lily Lake. He stated that there is a newly started 501c and existing 501c3 non-profit interested in providing low-income housing for use by local families. Councilmember Zoller asked if the City would sell the property. Mayor Kimble stated that he envisioned a public/non-profit partnership where the City would meet its Livable Communities obligations and provide a need to local families. Councilmember Milbrandt stated the Parks Board might be interested in this issue because the Staples Field lot is a buildable lot. Motion by Councilmember Rheinberger, seconded by Councilmember Zoller directing Community Development Director Russell, City Administrator Hansen and Planner Fitzgerald 6 to work with the churches and non-profits in keeping these existing homes in the City and providing low - income housing. All in favor. Mayor Kimble reviewed the Music on the Waterfront schedule. ADJOURNMENT Motion by Council member Rheinberger, seconded by Council member Bealka to adjourn at 8:30 p.m. ~/ ATTEST: ~Q~LU~ Diane F. Ward, City Clerk Resolution 2002-136, directing payment of bills Resolution 2002-137, adopting Data Practices Policy Resolution 2002-138, approving Direct Deposit Policy Resolution 2002-139, approving 2002 Memorandum of Agreement for Curbside Recycling Grant Distribution Resolution 2002-140, approval of 2002-2003 Minnesota Releaf Community Forest Health Program Application Resolution 2002-141, approving agreement with Jim and Polly Hoy for Storm Sewer Installation Resolution 2002-142, approving Minnesota Premises Permit For Gambling For Forest Lake Hockey Association, At St. Croix Crab House (St. Croix Music Cafe) At 317 South Main Street Resolution 2002-143, approving appointment to Board of Water Commissioners Resolution 2002-144, approving Change Order for fuel dispensing equipment at the Public Works facility. Resolution 2002-145, approving Change Order for steel stud wall system for the Public Works facil ity Resolution 2002-146, resolution approving agreement with Department of Natural Resources for the Creekside Neighborhood Wilds Project. Resolution 2002-147, approving specifications and ordering advertisement for bids for the Curve Crest Boulevard Extension (Project 2001-24). Resolution 2002-148, participation in preparation of National Pollutant Discharge Elimination System (NPDES) Phase II Permit. All in favor. Resolution 2002-149, approving transfer of On-Sale and Sunday Liquor License From Vittorio's Inc. to Terrintella's Corporation, DBA, Buena Sera Restaurant 7