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HomeMy WebLinkAbout1999-05-04 CC MIN r n ('; CITY OF STILLWATER CITY COUNCIL MEETING NO. 99-9 May 4, 1999 REGULAR MEETING 4:30 P,M. The meeting was called to order by Mayor Kimble. Present: Also present: Councilmembers Bealka, Cummings, Thole, ZolIer and Mayor Kimble City Coordinator Kriesel City Attorney Magnuson Community Development Director Russell Finance Director Deblon Police Chief Dauffenbach City Engineer Eckles Fire ChiefKallestad Administration Secretary Holman Press: Julie Kink, Courier STAFF REPORTS City Attorney Magnuson reported that a tentative settlement has been reached with Gary and Colleen Gallmeier that will finalize the City acquisition of a sewer and water easement that is needed for the construction of the trunk utilities in the annexation area. Mr. Magnuson requested that the Gallmeiers be reimbursed for expenses associated with the acquisition in the amount of$I,540.78. Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt Resolution 99- 116 authorizing payment to the Gallmeiers for the acquisition of a trunk sewer easement. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays: None. Councilmember Cummings requested that staff look into the status of the Amundson Property acquisition. OTHER BUSINESS 1. Dave Eckberg - River Town Arts Festival. Randy Fullerton, StilIwater Area Chamber, explained St. Croix Events will manage the River Town Art Festival this year. St. Croix Events is requesting city assistance for barricades, electrical hook ups, exclusive use of the park, and a $500 donation to hire off-duty police. The officer off-duty rate is $25 per hour rather than $45 per hour overtime rate paid by the City. The donation would be less than the wages the City would have to pay to police the event. City Attorney Magnuson presented a contract addressing beer garden size, location, signage, fencing, security, noise, crowd management, insurance, hours of operation, police powers, and hold harmless and indemnification of the City. r r r City Council Meeting No. 99-9 May 4, 1999 Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt Resolution 99- 117 approving the contract with St. Croix Events for management of the River Town Art Festival. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays: None. Motion by Councilmember Thole, seconded by Councilmember Cummings approving temporary on-sale liquor license for StilIwater Area Chamber of Commerce for River Town Art Festival, May 15-16, 1999. All in favor. 2. Workshop with Charter Commission. The following Charter Commission members were in attendance: Kathy Czar, Steven Kiester, Howard Lieberman, Nance Purcell, Tim Old, Mary Ruch and Bob Kimbrel. Charter Commission Chair Czar requested the workshop to discuss possible changes to the Charter that would define the role of the City Coordinator/Administrator and clarify how that position relates to the powers and responsibilities of the Mayor and Councilmembers. Topics of discussion included proposed charter revisions, Council-Manager form of government, and authority to hire and fire staff. The Charter Commission will incorporate the changes discussed at this workshop into the City Charter for future review and discussion. Recessed at 6:00 Reconvened at 7:18 RECESSED MEETING 7:00 P.M. The meeting was called to order by Mayor Kimble. Present: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Also present: City Coordinator Kriesel City Attorney Magnuson Fire ChiefDauffenbach Community Development Director Russell City Engineer Eckles Fire Chief Kallestad Administration Secretary Holman Press: Julie Kink, Courier Mark Brouwer, Stillwater Gazette Motion by Councilmember Cummings, seconded by Councilmember Thole approving the minutes of the April 20, 1999, Regular Meeting. All in favor. 2 City Council Meeting No. 99-9 May 4, 1999 r PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS I. Heritage Preservation Commission annual awards Mayor Kimble explained that National Preservation Week is May 9-15. The Stillwater Heritage Preservation Commission selected the recipients of the 1999 annual award. Mayor Kimble and Commission Chair Howard Lieberman presented plaques to the following: a) Lee Bjerk and Mike Lynsky, Images of the Past, 218 N. Main St. - Reuse of an existing building b) Janet Sawyer and Larry Nelson, John Karst Building, 125 S. Main St. - Renovation ofa bui Iding c) Allan Czanstkowski, BP Amoco, 103 N. Main St. - Fa~ade of a building d) Allan Czanstkowski, BP Amoco, 103 N. Main St. -Signage e) Randall Raduenz, Special Achievement Award for downtown wall murals 2. Commendation of Jon Conati for service as assistant fire chief, part-time. Mayor Kimble presented a Certificate of Appreciation to Jon Conati for over 26 years of service on the Stillwater Fire Department. 3. Presentation of Certificate of Appreciation to the Freighthouse and the Sabes Foundation. (' Mayor Kimble presented a Certificate of Appreciation to the Freight House and the Sabes Foundation for their significant donation for the purchase of use of force training equipment for the Stillwater Police Department. Mr. Sabes expressed their sincere gratitude for the support received from the City of Stillwater and its community over the last twenty years. He stated that the Sabes Family Foundation would like to contribute on an annual basis the amount of$IO,OOO to $15,000 to various charitable and/or municipal fund raising efforts that the City Council and the Foundation mutually decide upon. 4. Central St. Croix Valley Joint Cable Communications Commission - Jerry Turnquist. Jerry Turnquist from the Central St. Croix Valley Joint Cable Communications Commission reported that the Commission hired Attorney Tom Crieghton to handle the negotiations for a new 15-year franchise. Mr. Crieghton updated Council on the specifics of the franchise negotiations and the public hearing. Written comments will be accepted until May 19, 1999. OPEN FORUM Pete Groth, 115 Myrtle Street, complained about the loud noise levels coming from motorcycles driving up and down Myrtle Street on Friday, Saturday and Sunday nights. Mayor Kimble stated that the he wilI direct the Police Chief to increase enforcement in that r area and also determine whether there are any ordinance violations related to noise levels. 3 City Council Meeting No. 99-9 May 4,1999 r CONSENT AGENDA Motion by Councilmember Bealka, seconded by Councilmember Thole approving the consent agenda. All in favor. 1. Resolution 99-11 0: Directing Payment of Bills 2. Resolution 99-1 I 1: Renewal of gambling premises permit, Knights of Columbus, 1910 S. Greeley 3. Training and support for ticke-trac system - Police Dept. 4. Resolution 99-112: Seasonal employment of Leo Miller as community service officer 5. Application for permit to selI 3.2 beer - Rick Hill, Youth softball tournament 6. Contractors Licenses: J.D. Excavating, Inc., Coon Rapids, MN; Stiglich Construction, Inc., Oakdale, MN; Retail Construction Services, Inc., Lake Elmo 7. Resolution 99-113: Authorizing and awarding contract for the installation ofa basketball l:ourt at Meadowlark Park. 8. Authorization to begin hiring process for patrol sergeant - Police Department 9. Resolution 99-114: Accepting work, ordering final payment for 1997 Street Improvements, Project 9716 10. Resolution 99-115: Accepting proposal from Twin City Fabricating for repair of 2nd St. storm sewer gate and railings at Main St. steps and 4th St. ravine ('1 PUBLIC HEARINGS 1. Case No. ZA T /99-4. This is the day and time for the public hearing to consider a zoning ordinance text amendment regulating adult entertainment business in commercial districts. Notice of the hearing was published in the Stillwater Gazette on April 23, 1999. As directed by Council, the Planning Commission has been studying zoning issues related to adult entertainment uses. Community Development Director Russell presented a draft of the adult uses ordinance that was reviewed by the Planning Commission at their meetings of March 8 and April 12, 1999. The Commission determined appropriate zoning areas for adult entertainment use to be an area that borders the north side ofTH 36 and the Business Park District. This strip of land meets the buffer requirements of the ordinance. The proposed ordinance is detailed and extensive based on a review of ordinances from other communities and legal proceedings. A license would be required. The Mayor opened the public hearing. There were no requests to be heard. The Mayor closed the public hearing. Motion by Councilmember Thole, seconded by Councilmember ZolIer to have a first reading of an ordinance relating to a zoning text amendment regulating. adult entertainment business in commercial districts. (' Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays: None. 4 City Council Meeting No. 99-9 May 4, 1999 ("' UNFINISHED BUSINESS I. Lily Lake homeowners - Request to treat Lily Lake. City Coordinator Kriesel presented a letter from Bill Fierke requesting the treatment of Lily Lake for algae. In the past, the City has paid 60 percent of the cost of treatments and has also treated the areas by the swimming beach and fishing pier. This year, the property owners are also requesting treatment for submerged vegetation. Motion by Councilmember Thole, seconded by Counciimember Cummings approving the request from the Lily Lake homeowners to pay 60% of the cost of the algae treatments, the submerged aquatic vegetation treatments and to treat the swimming beach and fishing pier areas. All in favor. Councilmember Thole stated that he would like to suggest that staff continue with Phase I & II of the Lily Lake Water Quality Project. If staff waits until a larger review can be done of the district we would not be able to get any of the project done this year. Staff recommended that a hearing be set for June I, 1999 at 7:00 p.m. Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt Resolution 99- 123 calling a hearing on the Lily Lake Water Quality Project for Jime I, 1999 at 7:00 p.m. ("'. Ayes: Councilmembers Bealka, Cummings, Thole, ZolIer and Mayor Kimble. Nays: None. 2. Discussion of code violations and zoning concerns at Gannon's Auto Body. For several years, the condition of Gannon's Auto Body Shop site has been a concern to the City and surrounding neighborhoods. A recent inspection found 30 cars parked around the shop. The Building Inspector indicated the temporary storage structure attached to the west side of the shop is not to code and is illegal. Cars are parked in the required setback areas and parts of cars are stored outside for long periods of time. The City Attorney, Code Officer, Building Inspector, City Coordinator and City Planner have met to develop a strategy to deal with this issue. The temporary structure must be removed in order to meet current requirements. An ordinance requiring screening of autos stored outside should be developed. Motion by Councilmember Cummings, seconded by Counciimember Thole directing staff to prepare a draft zoning ordinance amendment requiring screening of autos stored outside and directing staff to enforce codes related to the temporary storage structure attached to west side of Gannon's Auto Body Shop. All in favor. 3. Deer PathlBrick Street traffic management plan. ("' On March 4, 1999, City Engineer Eckles, Police Chief Dauffenbach, Traffic Consultant Joe Lux, Coriununity Development Russell and Councilmember Cummings met with the neighbors from Deerpath, Brick Street, Olive Street and Maryknoll. After discussing traffic 5 City Council Meeting No. 99-9 May 4,1999 r problems and the science of traffic management, the consensus of the group was to document existing traffic and install a temporary turn restrictor on the corner ofDeerpath and Olive Street this summer. At the end of summer, the traffic will be recounted on Deerpath and neighborhood streets to evaluate the benefit and determine if a permanent turn restrictor should installed. Staff will return to Council with the evaluation in the fall. Motion by Councilmember Cummings, seconded by Councilmember Zoller directing staff to install a temporary traffic diversion at the corner of Olive Street and Deerpath and directing staff to return to Council with a project evaluation and a draft neighborhood traffic diversion policy in the fall of 1999. All in favor. 4. Acquisition of easements from the Oak Glen Golf Course for the Brown's Creek Realignment Project. City Engineer Eckles reported the joint Minnesota Department of Natural Resources (DNR) and City project to realign the trout stream through the Oak Glen nine hole golf course must be underway by June 30, 1999, or the state funding will disappear. The City is intending to construct a portion of the Trout Stream Mitigation Plan. Constructing some of the pipe that is part of the Trout Stream Mitigation Plan in conjunction with this project could significantly reduce the cost and also avoid disturbing the golf course again in the future. The DNR is obtaining easements necessary to realign the creek; the City needs to acquire r easements to place some of the pipe. Motion by Councilmember Cummings, seconded by Councilmember Thole directing City Attorney to take necessary steps to acquire any additional easements needed for the Trout Stream Realignment Project and Trout Stream Mitigation Project in the area of the Oak Glen Country Club. All in favor. 5. Review and approval of Aiple Property Environmental Study. City Engineer Eckles presented memos and the Phase II Environmental Site Study of the Aiple property that was prepared by Service Environmental & Engineering. The report identified a number of environmental issues that should be addressed to limit City liability and make the site available for park development. Most issues require discussions with various government agencies. Service Environmental & Engineering also recommends entering this project in the Voluntary Investigation and Cleanup (VIe) program with the Minnesota Pollution Control Agency. Staff recommends authorizing Service Environmental & Engineering to use the remainder of the budget for this project to transmit copies of the reports to State agencies and meet with their staff to discuss resolution of environmental issues for the Aiple property. Staff also recommends entering this project in the VIC program. (' Motion by Councilmember Bealka, seconded by Councilmember Thole authorizing Service Environmental & Engineering to meet with State agencies and staff to discuss resolution of environmental issues for the Aiple property and authorizing entering this project into the VIC program. All in favor. 6 City Council Meeting No. 99-9 May 4, 1999 r 6. Request to set workshop date - NSP proposal for decorative lighting. City Engineer Eckles reported NSP has the information on decorative lighting for downtown ready for presentation to Council. He requested Council set a date for a workshop with NSP. Motion by Councilmember Thole, seconded by Councilmember Zoller setting a workshop with NSP for May 18, 1999, to discuss decorative lighting for downtown. 7. Accepting bids and awarding contract for 1999 street improvements. Civil Engineer Sanders reported bids for the 1999 Street Improvement Project were opened Thursday, April 29, 1999. The bids were as follows: Tower Asphalt, Inc., $43,398.20; North Valley, Inc., $447,885.35; Hardrives, Inc., $481,731.80; and W.B. Miller, Inc., $616,455. Staff recommended Council receive the bids and award the contract to Tower Asphalt for their low bid of $431,398.20. Motion by Councilmember Thole, seconded by Councilmember Bealka adopting Resolution 99- 118 accepting bid and awarding contract for 1999 Street Improvements, Project 9902, to Tower Asphalt, Inc. r Ayes: Councilmembers Bealka, Cummings, Thole, ZolIer and Mayor Kimble. Nays: None. NEW BUSINESS I. Consideration of a variance request from Susan Skalman-Raduenz to construct a single family residence on a nonconforming lot at 923 South Sixth Street in the RB, Two Family Residential District, Case No. V/99-17. Community Development Director Russell stated that Susan Skalman-Raduenz has requested a variance to construct a single family residence on a nonconforming lot (7,500 required, 5,396 requested). The Planning Commission considered the request at their meeting of April 12,1999. At that meeting, extensive comment regarding the impact oflot development on neighborhood character was heard. After hearing the proposal, considering the comments and discussing the proposal, the Commission denied the request as inconsistent with the Zoning Ordinance and neighborhood character. Staff recommends denial of the request. Motion by Councilmember Zoller, seconded by Councilmember Bealka denying the variance request from Susan Skalman-Raduenz to construct a single family residence on a nonconforming lot. All in favor. 2. Final plat ~roval for 39 lots between Manning Avenue and the west side of Long Lake, north of 62n Street North. The Legends of Stillwater 2nd Addition. Pemtom Land Company, applicant. Case No. SUB/98-68F-2. r Community Development Director Russell stated that the proposed plat is consistent with the approved preliminary plat. He also stated that the final costs of the Phase I trunk improvements must be reconciled before final plat recording. 7 City Council Meeting No. 99-9 May 4,1999 r Staff recommends approval on the conditions that a landscape plan be submitted and approved and all conservation utility and trail easements shall be recorded with final plat recording. Motion by Councilmember Bealka, seconded by Councilmember Thole to adopt Resolution 99- 119 approving final plat for 39 lots between Mannin} Avenue and the west side of Long Lake, north of 62nd Street North, Legends of Stillwater, 2" Addition. Ayes: Councilmembers Bealka, Cummings, Thole, ZolIer and Mayor Kimble. Nays: None. 3. Final plat approval for 79 lots plus 4 outlots east ofCR15, Manning Avenue, and south of CRI2, Myrtle Street. Liberty on the Lake 2nd Addition. Contractor's Property Development Company, applicant. Case No. SUB/7IF-2. Community Development Russell stated that the plans and subdivision design is consistent with the preliminary plat approval for the project. The final costs of the Phase I trunk improvements must be reconciled before final plat recording. As part of Phase II, Settlers Park will be dedicated to the City and current access to CR15 via nnd Street shall be closed and redirected to CRI2. This was part of the original approved plans. Staff recommends approval on the condition that all park and roadway dedications, utility, conservation and trail easements shall be dedicated before final plat recording. r Motion by Councilmember Bealka, seconded by Councilmember Thole adopting Resolution 99- 120 approving final plat for 79 lots plus 4 outlots east ofCR15, Manning Avenue, and south of CRI2, Myrtle Street, Liberty on the Lake, 2nd Addition. Ayes: Councilmembers Bea1ka, Cummings, Thole, Zoller and Mayor Kimble. Nays: None. Community Development Director Russell stated that a portion of n"d Street would need to be vacated to comply with the final approval of the plat. Motion by Councilmember Cummings, seconded by Councilmember Bea1ka adopting Resolution 99-121 vacating a portion of nnd Street. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays: None. 4. Receiving petition for street and storm water improvements - Meadowview Drive City Engineer Eckles stated that he has received a petition from the property owners living on Meadowview Drive requesting that the City make improvement on Meadowview Drive to deal with deteriorating blacktop and improve storm water management. r Motion by Councilmember Thole, seconded by Councilmember Bealka directing staff to provide additional information on the deteriorating blacktop and storm water management issues on Meadowview Drive. All in favor. 8 City Council Meeting No. 99-9 May 4,1999 r 5. Proposal to continue the design process for CurVe Crest Boulevard extension project City Engineer Eckles stated that he has received a proposal from Bonestroo, Rosene, AnderJik and Associates (BRA) for the cost f finishing the final design of the Curve Crest Boulevard Extension project. Staff recommends that Council authorize BRA to continue working on the final design of the Curve Crest Extension project. Motion by Councilmember Cummings, seconded by Councilmember Bealka adopting Resolution 99-122 accepting proposal from Bonestroo, Rosene, Anderlik and Associates to continue the design process for the Curve Crest Extension Project. COMMUNlCATIONSIREOUESTS 1. Jane Baggott, Ryder Student Transportation - Request for signage Police ChiefDauffenbach stated that the City received a letter from Jane Baggott, Ryder Student Transportation, requesting signage in front of the Water Department on North 3'd Street designating no parking during times for drop off of handicapped students attending Project Head Start at Ascension Episcopal Church. Staff recommends that the sign be installed on the west side ofJrd Street in the first parking spot north of the north driveway to the Water Department. The sign would read ''No Parking School Days: 8:45-9:15,12:15- I: 15, 4: 15-4:45". r Motion by Councilmember Thole, seconded by Councilmember Bealka directing staff install signage on North 3rd Street in the first parking spot north of the north driveway to the Water Department that reads ''No Parking School Days: 8:45-9:15, 12:15-1:15,4:15-4:45". All in favor. 2. Kurt and Tess Radecke - requesting regulations for draining of chlorinated swimming pool water City Coordinator Kriesel stated that a letter has been received from Kurt and Tess Radecke requesting that a city ordinance be enacted regulating draining of chlorinated swimming pool water. Motion by Councilmember Thole, seconded by Councilmember Cummings directing staff to investigate what other cities are doing to regulate the draining of chlorinated swimming pool water. COUNCIL REOUEST ITEMS Councilmember Bealka asked City Engineer Eckles what was being done with the lighting on Irwin Street. City Engineer Eckles replied that the City is negotiating the maintenance of the lighting in the industrial park area with NSP. STAFF REPORTS (continued) (' City Coordinator Kriesel stated that the ground breaking for Maple Island will be held on May 5,1999 at 4:00. 9 r r r City Council Meeting No. 99-9 May 4, 1999 Motion by Councilmember Cummings, seconded by Councilmember Thole to adjourn at 9:35 p.m. All in favor. Attest: ---fYI.rJ}) [.) . Q.J.,-~ J City Clerk #,/ Resolution 99-110: Directing Payment of Bills Resolution 99-111: Renewal of gambling premises permit, Knights of Columbus, 1910 S. Greeley Resolution 99-112: Seasonal employment of Leo Miller as community service officer Resolution 99-113: Authorizing and awarding contract for the installation of a basketball court at Meadowlark Park. Resolution 99-114: Accepting work, ordering final payment for 1997 Street Improvements, Project 9716 Resolution 99-115: Accepting proposal from Twin City Fabricating for repair of 2nd St. storm sewer gate and railings at Main St. steps and 4th St. ravine Resolution 99-116: authorizing payment for the acquisition of a trunk sewer easement. Resolution 99-117: approving the contract with St. Croix Events for management of the River Town Art Festival. Resolution 99-118: accepting bid and awarding contract for 1999 Street Improvements, Project 9902, to Tower Asphalt, Inc. Resolution 99-119: approving final plat for 39 lots between Manning Avenue and the west side of Long Lake, north of 62nd Street North, Legends of Stillwater, 2nd Addition. Resolution 99-120: approving final plat for 79 lots plus 4 outlots east of CR 15, Manning Avenue, and south ofCR12, Myrtle Street, Liberty on the Lake, 2nd Addition. Resolution 99-121: vacating a portion of nnd Street. Resolution 99-122: accepting proposal from Bonestroo, Rosene, Anderlik and Associates to continue the design process for the Curve Crest Extension Project. Resolution 99-123: calling for a hearing on the Lily Lake Storm Sewer Improvement for June I, 1999 at 7 :00 p.m. 10