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HomeMy WebLinkAbout1999-07-06 CC MIN . "' --"\" CITY OF STILLWATER CITY COUNCIL MEETING NO. 99-13 July 6, 1999 rEGULAR MEETING 4:30 P.M. The meeting was called to order by Councilmember Zoller. Present: Absent: Also present: Press: Councilmembers Bealka, Cummings and Zoller Councilmember Thole and Mayor Kimble (arrived at 4:45 p.m.) City Coordinator Kriesel City Attorney Magnuson Police Chief Dauffenbach Community Development Director RusselI City Engineer Eckles Fire Chief Kallestad Building Official Zepper Administrative Assistant Kadin City Clerk Weldon Julie Kink, Courier STAFF REPORTS City Coordinator Kriesel informed Council the City has received three bids for the demolition of the building on the railroad property located immediately east of the Desch building and north of Mulberry Street, which was acquired by the City three years ago for possible conversion to a parking lot. Council had previously directed staff to obtain bids for the removal of the building. The following bids were received: Miller Excavating, Inc, $4,250; Veit & Company, Inc., $9,067; and Stiglich Construction, Inc., $11,150. He recommended awarding the bid to the low bidder, MilIer Excavating, Inc. r Motion by Councilmember Cummings, seconded by Councilmember Bealka to adopt Resolution 99-178 awarding the bid for the railroad building demolition on City property located east of the Desch Building and north of Mulberry Street, to Miller Excavating, Inc., in the amount of $4,250. Ayes: Nays: Absent: Councilmembers Bealka, Cummings and Zoller None Councilmember Thole and Mayor Kimble Mayor Kimble arrived at 4:45 p.m. City Engineer Eckles reported the Deer Path temporary diverter is in place, preventing left turns from Olive onto Deer Path. The project will be evaluated before the winter season to determine if the traffic routing change should become permanent. City Engineer Eckles also informed Council that the Liberty, Legends, and Creekside Crossing developments are all under way, as well as the 1999 street improvement project. r Mayor Kimble asked Community Development Director Russell when the Water Street parking lot would be completed. Mr. Russell stated it should be done at approximately the same time as the Mulberry lot, with a target date ofJuly 16. City Council Meeting 99-13 July 6, 1999 r Councilmember Cummings requested Mr. Eckles investigate improving electrical power supplies for large audio systems in Lowell Park Mr. Russell also presented a request from Integrated Marketing Services of New York requesting approval to hold the Sports Illustrated for Kids Roadtrip Tour at the Cub Foods parking lot at 1801 Market Drive on Thursday, July 22,1999, from 10 a.m. to 6 p.m. It is a promotional event celebrating the lOth birthday of the magazine. Motion by Councilmember Cummings, seconded by Councilmember Zoller approving the request from Integrated Marketing Services to hold the Sports Illustrated for Kids Roadtrip Tour at the Cub Foods parking lot at 1801 Market Drive on July 22, 1999, from 10 a.m. to 6 p.m. All in favor. City Attorney Magnuson reported he had conferred with Tom Scott, representing Stillwater Township, regarding the appointment of a neutral party to conduct the mediation and potential arbitration related to the Joint Board deadlock on the amendment to the comprehensive plan and zoning amendment for the Bergmann property annexation. The Orderly Annexation Agreement provides the Joint Board Members shall designate a qualified neutral to conduct mediation and potential arbitration. They recommended Timothy Kuntz, of LeVander, Gillen, & Miller, P.A. Motion by Councilmember ZolIer, seconded by Councilmember Bealka, approving the appointment of Timothy Kuntz as the neutral party to conduct mediation relating to the Bergmann property annexation and zoning amendment, pursuant to the Orderly Annexation Agreement. All in favor. r City Attorney Magnuson reported he has met several times with Bob Briggs, lawyer for Dick Anderson, and conferred with Police ChiefDauffenbach in an effort to settle the outstanding appeal brought of the Administrative Hearing Officer's decision issued May II, 1999, on Cat Ballou's liquor violations. On May 14, 1999, a Notice of Appeal was served upon the City requesting a hearing before the Council pursuant to Chapter 43 of the City Code. A compromised decision was reached, and he presented a proposed stipulation for Council consideration and an amended resolution slightly changing the penalty schedule for violations. The process is new, and in this case, the time of its adoption interfered with the application of some of the penalties. There are both constitutional and fairness issues regarding a penalty that is adopted after an alleged offense has been committed. In addition, the previous resolution did not contain a timeframe for cumulative penalties. The proposed change would make the cumulative penalties accrue over a five-year period. In addition, the cumulative progressive penalties should go from 3 to 6 to 9 days, rather than 3 to 6 to 18 with the fourth offense being revocation. Motion by Councilmember Bealka, seconded by Councilmember Zoller approving stipulation regarding St. Croix Boat and Packet Co., dba Cat Ballou Restaurant, modifying the Order of Deborah V. Kraus to find the Defendant has committed one violation of Ordinance 403 for the purposes of any future violations as described in Resolution 98-309, and agreeing to amend Resolution 98-309 by limiting cumulative record to those offenses occurring within any five-year period and changing presumptive penalties from 18 days to 9 days for violations for Type 3, ,4, 5, 6, 8, and 9 offenses. All in favor. rfotion by Councilmember Zoller, seconded by Counciimember Bealka to adopt Resolution 99-179 amending Resolution No. 98-309, establishing the fine schedule and penalties for alcohol and tobacco compliance violations. 2 City Council Meeting 99-13 July 6, 1999 r4.yes: ~ 'ays: Absent: Councilmembers Bealka, Cununings, Zoller and Mayor Kimble None Councilmember Thole Fire ChiefKallestad reported the ladder truck is currently out of service for repair of a twist in the ladder. It is not yet known ifit is repairable. He will provide information as it becomes available. Mayor Kimble commended the Fire Department dive team for a job well done the past weekend. They were involved in the diving efforts following a boating accident on the St. Croix. He requested Chief Kallestad pass on the co=endation to the divers. City Coordinator Kriesel presented a memo from Finance Director Deblon which reported Washington County has notified the City that the assessor has approved the applications for abatement of Payable 1999 taxes for two Cottages parcels owned by Orleans Homes. These parcels are the Cottages rental housing units. To object to the reduction, the City must respond within 20 days. The City originally sold $1,200,000 TIF bonds to support this project and $590,000 are still outstanding. The proposed changes wilI create a shortfall of$72,OOO for the payable year 1999, plus future year's debt service. Due to legislative changes in class rates, the Cottages does qualify for the 1 % rate for class 4( d) properties effective for Payable 2000 real estate taxes. The City has the right to deny abatement applications and proceed with this process for payable 1999 taxes. She recommended Council formally deny the applications for abatement because of the hardship this would create for the City and the outstanding Tax Increment Bonds. She also requested direction to pursue collection of deficient Tax Increment from the property owners pursuant to the development agreement, if necessary. r Motion by Councilmember Cummings, seconded by Councilmember Bealka denying the applications of Orleans Homes (Cottages) for abatement of Payable 1999 taxes and authorizing the collection of deficient Tax Increment from the property owners. All in favor. Councilmember Zoller questioned the status of the the remodeling of 124 N. Main Street. Mr. Kriesel explained the Melton's were given a stay of condemnation until July I, 1999. A memo was submitted by Building Official Zepper stating the preliminary plans were submitted by Mr. Melton on June 24th. Mr. Melton wanted to obtain proper permits at this time; however, minor changes to the plans were required to meet codes. The demolition of the interior is being done at this time. Mr. Kriesel will send a letter to the Melton's reminding them of the need to progress. WORKSHOPS I. Minnesota Transportation Museum - Engine 328 Lease. City Coordinator Kriesel reported the current lease agreement with the Minnesota Transportation Museum runs from 1976 and expires in 2006. MTM is requesting a 25-year extension for a term to expire 2031. r Chuck Armstrong, Managing Director ofMTM, stated they have been meeting with the City Coordinator, City Attorney, and the Mayor, but still need to work on Section 8 of the agreement, relating to the option of the City to have the locomotive returned to the City for operation on a permanent basis. He requested this issue be tabled until September to allow for further discussion. 3 C) City Council Meeting 99-13 July 6, 1999 Afotion by Councilmember Zoller, seconded by Counclmember Bealka tabling until September, 1999, the ~ lscussion of amending and extending the lease with the Minnesota Transportation Museum for Engine 328. All in favor. 2. Waste Management Inc. - extension of solid waste collection contract Mr. Kriesel reported he and Administrative Assistant Kadin have met with Ron Gersdorf. Municipal Marketing Manager for Waste Management, to discuss provisions for the extension of the contract and associated solid waste services. He presented proposed rates prepared by Mr. Gersdorf for both comprehensive pickup service (includes extra waste, i.e., sofas, sinks, toilets, tires, batteries, waste oil, doors, and other typical household items in addition to regular garbage) and limited comprehensive pickup (pickup of tires, batteries and drain oil, in addition to regular garbage). As comparisons, Mr. Kriesel also presented a rate proposal from BFI and the current contract prices between Oak Park Heights and Superior Services. The Superior Services contract is slightly lower; the contract is for comprehensive pickup, with Oak Park Heights doing the billing. He reminded Council a public hearing has been set for 7 p.m. July 20th on the contract extension and rate issue. City Attorney Magnuson stated the contract wording favors Waste Management in that it allows for two 3- year renewals. Denial of renewal would be based on failure of performance. Mr. Kriesel suggested rates should be considered a measure of performance. Mr. Magnuson also reported the contract states the City has six months to respond to the request for extension, which was received in mid-January. r Motion by Councilmember Cummings, seconded by Councilmember Bealka directing staff to further negotiate a rate schedule for possible renewal of the solid waste collection contract with Waste Management, Inc. All in favor. Recessed at 5:58 p.m. RECESSED MEETING 7:00P.M. The meeting was called to order by Mayor Kimble. Present were Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Also present: City Coordinator Kriesel City Attorney Magnuson Police ChiefDauffenbach Community Development Director Russell City Engineer Eckles Fire ChiefKallestad Building Official Zepper City Clerk Weldon ('Tess: Julie Kink, Courier Mark Brouwer, Gazette 4 City Council Meeting 99-13 July 6,1999 4PPROV AL OF MINUTES ( Motion by Councilmember Thole, seconded by Councilmember Zoller to approve the Minutes of the June 15, 1999 Regular Meeting. All in favor. PETITIONS. INDMDUALS. DELEGATIONS & COMMENDATIONS I. Arnanda Dressler- Request to place septic system drainfield for 2310 Boom Road on city property. Building Official Zepper reported a request has been made by Arnanda Dressler to place a septic trench sysem in the city land directly behind the property at 2310 Boom Road. The current system is tagged as a health hazard. Due to the location of the wells on this and neighboring properties, the homes on both sides have been allowed to place septic system drainfields on City property. This has been necessary to meet the required separation required by state regulations. Motion by Councilmember Thole, seconded by Councilmember Zoller approving the placement of a septic system drainfield for 2310 Boom Road on city property directly behind 2310 Boom Road. All in favor. 2. Joe Arndt - placement of retaining wall and garden on conservation easements. Joe Arndt, 3383 Pioneer Place, presented a request to relocate a conservancy easement on his property located on Lot 7 Block 4, Liberty on the Lake, in order to construct a retaining wall. He suggested possibly exchanging land on each end by moving the diagonal line approximately 12 feet to the west on the north lot and 12 feet to the east on the south line. r Community Development Director Russell explained that open space easements are determined by a building envelope oflots. The location of the easement is known at the time of purchase, and it is the expectation of the City that these not be adjusted. He prefers the process be in place and not relocate each easement as property is developed. However, this is a practical minimum adjustment. Staffwas directed to negotiate consideration of additional open space in return for the relocation of the easement. Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt Resolution 99-180 vacating a portion of the conservancy easement on Lot 7, Block 4, Liberty on the Lake, and dedicating a new conservancy easement at that location, subject to the Department of Natural Resources approval. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None OPEN FORUM r A resident at 113 Brick Street, expressed his concerns with the temporary diversion of traffic from Deer Path onto Brick Street. He estimated an additional 850 cars were travelling on his street and doubling the traffic. It is especially heavy during dinnertime. He felt it devalued his property. Deer Path residents knew the traffic levels when they purchased their property and accepted them. The owners on Brick Street accepted the previous traffic pattern, not the current heavier flow. Councilmember Thole stated this is a temporary study. If it averages out the traffic between the two streets without severe impact, it is best to try to alleviate serious traffic problems. 5 City Council Meeting 99-13 July 6,1999 r Alden Nelson, 111 S. Brick, also expressed concerns with the increased traffic. He stated he counted 767 vehicles in five hours on the first two days, all starting and stopping in front of his property. CONSENT AGENDA Motion by Councilmember Thole, seconded by Councilmember Bealka approving the Consent Agenda. All in favor. 1. Resolution 99-168: Directing Payment of Bills 2. Contractors Licenses: George W. Olsen Construction, Stillwater; Paragon Pools, Willemie, MN 3. Approving attendance of Building Official and Building Inspector at Annual Conference of Building Officials, Sept. 13-17, 1999 4. Hang banner at Olive and Main, 8/27-9/12, for St. MlIIY's Church Wild Rice Festival 5. Resolution 99-169: Approving fire protection contracts with the City of Grant and Townships of May and Stillwater 6. Resolution 99-170: Employment of Sara Rugloski as part-time, on-calI firefighter 7. Resolution 99-171: Permanent employment of Chris Zeuli as full-time firefighter/engineer 8. Purchase of play equipment for Meadowlark Park 9. Resolution 99-172: Agreement with Bailey Construction for installation of four picnic area shelters - Lily Lake (1); Northland Park (1), and Meadowlark Park (2) 10. Resolution 99-173: Accepting work and ordering final payment -Lake Drive Storm Sewer Extension (project 9734) n. Resolution 99-174: Employment ofJeffDionisopolis as labor/maintenance worker - Public Works/Parks 12. Resolution 99-175: Promotion of Todd Bjorkman to sergeant - Police Dept 13. Approving sale of 1996 Chevrolet Caprice squad car to St. Cloud State University 14. Approving adjustments to sewer charges 15. Approving release of capital funds - StilIwater Public LibrllIY 1999 Capital budget, Part 2 16. Purchase of sewer equipment from United Rentals 17. Resolution 99-176: Authorizing entering into Grant Agreement with MN Dept. of Public Safety, for Safe and Sober Communities project. 18. Resolution 99-177: Seasonal employment of Stephen Model as labor maintenance worker PUBLIC HEARINGS I. Job No. 9821. This is the day and time for the public hearing to consider the making of downtown decorative lighting improvements, pursuant to Minnesota Statutes, Section 429.011 to 429.111. The area proposed to be assessed for the improvements are abutting properties describes as follows: along Main Street from 200 feet south of Nelson Street to Mulberry Street, and along Chestnut Street between main Street and the St. Croix River. The estimated cost of the improvement is $215,800. Notice of the hearing was published in the Stillwater Gazette on June 18 and 25,1999, and mailed to affected property owners. City Engineer Eckles reported the downtown decorative lighting was part of the original plan for the downtown improvement project. However, it was not implemented at that time because the cost was controversial. At the direction of Council, a feasibility study on downtown decorative street lights was prepared and received by Council at the June I, 1999, Council meeting. r Sixty-eight notices were sent out to property owners in the project area. The project runs on Main Street from Vittorios north to Mulberry Street. The property owners would not be charged for maintenance. 6 City Council Meeting 99-13 July 6, 1999 (" Staff received three telephone calls from storeowners concerned with the cost, plus letters of opposition from Alan Rose and Dr. Gabi Sabongi, Brittannia Holdings, Inc. Letters of support were received from Loann Stokes, Stokes Jewelry, and Kara Johnson, representing the City of Stillwater Chamber of Commerce. A communication was also received from Ottertail Energy Services asking that Ottertail be an alternative to NSP. John Werdish and Charlie Stoltz, Northern States Power (NSP), were available to answer questions. Mr. Stoltz stated the outdoor lighting could be installed at the location of existing lighting. He asked if the audience had any questions. Linda Hinz, John's Bar, stated she was on the original downtown project committee to study the lights. She and Mike McGuire went to other cities with decorative lighting, but they had felt ours would not have the same effect because of the narrow streets and high buildings. In addition, the cost was too high. Business owners voted it down at that time. She stated more lights were needed in the parking lots. Decorative lights on the streets would just clutter them up. The Mayor explained the process for questions must be done in the public hearing format. The Mayor opened the public hearing. Tim Stefan, property owner of the Maple Island site, requested photometric information. City Engineer Eckles explained the overhead lighting will provide the actua1lighting; the decorative lights are for decoration and glow, not to make the street safer or brighter. (" Mr. Stefan also asked if they would be able to buy light fixtures on their own for Water Street. He felt design is critical to prevent the decorative lights from being washed out. The project will benefit the downtown and improve the value of his property. Jeff Johnson, Heritage Preservation Commission, stated he was also on the original committee. He stated the current project was not extensive enough to bring the entire downtown together. He suggested bringing it further north, up Chestnut and Second, in order to avoid a lineal downtown. James Laskin, J.P. Laskin Co., offered support for the project, stating it is a cost of doing business and a benefit to the town. Sandy Hudson, Stillwater Grill, expressed opposition. She is opposed to the assessment; it should not be borne only by property owners. She stated public restrooms should come before lights. The Mayor closed the public hearing. Mayor Kimble asked James Laskin if the letter of support from the City of Stillwater Chamber of Commerce was by vote of the members. Mr. Laskin stated it was a unanimous vote of the approximately 25 members in attendance. Not all were building owners. The assessment amount was known at the time of the vote. r Councilmember Thole stated the lights are not a basic need. He approved of amenities if they are agreed upon by the majority affected. 7 City Council Meeting 99-13 July 6, 1999 ('\ Councilmember Zoller questioned why the project was only on Main Street. City Engineer Eckles and Community Development Director Russell explained it was to limit the size and scope of the project and make it financially feasible. The initial proposal with the downtown project was rejected. It was determined Main Street owners would most likely to be in favor of the project. Once installed, others might want to have it extended to their areas. It appears the majority are in favor of the current project. Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution 99-181 ordering the improvement for downtown decorative lighting, Project 9821. Ayes: Councilmembers Bealka, Cummings, Thole, ZolIer and Mayor Kimble Nays: None Mayor Kimble opened discussion on the request from Ottertail Power to be considered as an alternative. He questioned if there would be merit in looking at other proposals. City Engineer Eckles stated there is always merit in looking at other proposals. However, time is of the essence if the project is to be done this year. City Attorney Magnuson asked if the intention was to have NSP do the specifications or do the project as a personal service contract. City Engineer Eckles responded it is envisioned as a personal service contract, with NSP involved in the ownership and maintenance. Mr. Magnuson stated it would then not be necessary to publically bid if the contract is negotiated and involves NSP ownership and maintenance. (" It was determined the improvement should be ordered, but NSP should not be listed as engineer for the project. Motion by Councilmember Thole, seconded by Councilmember Bealka directing staff to return with recommendations on alternative proposals for installation of decorative lighting in downtown area. All in favor. Recessed at 8:30 p.m. and Reconvened at 8:55 p.m. UNFINISHED BUSINESS 1. Review of proposal by Bailey Construction to repair steps at Triangle Park and Warden's House Museum. City Engineer Eckles reported Council approved the repair project of the Triangle Park steps and a portion of the steps near the Warden's House Museum in 1998. The bid was awarded to Curb Masters, but they were unable to complete the work. A quote has been received from Bailey Construction to complete both projects for a cost of$13,500. This item was not budgeted for in 1998 nor in 1999. However, funds could be used from Contractor Services which are usually used for snow removal, which may have an excess this year because there was very little snow to be hauled. He recommended the steps be repaired or closed. If the pedestrian ways are to be kept open, Council should charge the Street Department budget, under Contractor Services, for the services of Bailey Construction. Council concurred with the recommendation. r 8 City Council Meeting 99-13 July 6,1999 Afotion by Councilmember Zoller, seconded by Councilmember Cummings to adopt Resolution 99-182 ( l:cepting the quotation from Bailey Construction, Inc., for step improvements at Triangle Park and Warden's House Museum. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 2. Consideration of appointment to Charter Commission. City Coordinator Kriesel presented information from the City Attorney related to the appointment of a member to the Charter Commission to fill a vacancy created by the resignation of Tim Old on May 15, 1999. The Chief Judge did not make the appointment within the time frame specified in the Charter nor has he asked for additional time to make the appointment. Therefore, Council now has the authority to make that appointment. The City has advertised the vacancy; an appointment can be made at any time. Motion by Councilmember Thole, seconded by Councilmember Bealka directing staff to advertise to fill a vacancy on the Charter Commission. All in favor. 3. Recommendation to extend moratorium on granting of building permits on North Hill. r City Engineer Eckles explained that, due to the heavy workload associated with the annexation area and numerous projects throughout the City, staff has been unable to complete the complex task of preparing a feasibility report for the North Hill. A one-year moratorium on new construction was ordered while the study was being completed. However, it will not be able to complete the study before the end of the moratorium. Options include extending the moratorium, placing permanent restrictions on development, hiring a consulting firm to complete the study, or allowing the moratorium to lapse and allow development with relatively no restrictions. City Attorney Magnuson stated the moratorium could be extended up to an additional eighteen months. This is justified because the study, a part of the area comprehensive plan, is in progress. Motion by Councilmember Bealka, seconded by Councilmember Cummings directing the City Attorney to begin the process for extending the moratorium on granting of building permits on the North Hill. All in favor. 4. Possible second reading of Ordinance 877, amending Chapter 25, Human Rights Commission, by changing the required number of members of the Human Rights Commission. (first reading 6/16/99) Motion by Councilmember Thole, seconded by Councilmember Cummings to have a second reading of Ordinance No. 877, amending Chapter 25, Human Rights Commission, by amending the membership number to seven and removing requirement for student membership. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None r 5. Myrtlewood backyard drainage. City Engineer Eckles reported the backyard drainage problem at 113 Myrtlewood Court has been ongoing since the spring of 1997. At that time the owner had requested the refund of their $1500 grading escrow upon completion of the new home construction. StafIvisited the site and noticed water pooling in the 9 City Council Meeting 99-13 July 6, 1999 (\ backyard and along adjacent lots. Runoffwas slowly draining into an existing storm pipe along the back property line, which outlets to the drainage ditch on Myrtle Street. The issue has been unresolved and the escrow has been held by the City. The City, the developer, and owner Dick Huelsmann met this spring to resolve the matter. A field survey shows minimal elevation change in the backyard leading to the storm pipe causing poor drainage. There is also a substantial size tree that contributes to a poor drainage path. Bids have been submitted by C.W. Houle and Fuhr Trenching to perform the work for a staff design for a new storm pipe to correct the drainage problem. Fuhr Trenching submitted the low bid of $1 0, 11 O. Mr. Huelsmann has agreed to pay $3900 of the project costs and the City would pay $6200 from the Storm Utility Fund. Motion by Councilmember Bealka, seconded by Councilmember Thole to adopt Resolution 99-183 accepting bid from Fuhr Trenching in the amount of $1 0, 11 0, to correct drainage problem at 113 Myrtlewood Court. Ayes: Councilmembers Bealka, Thole, Zoller and Mayor Kimble Nays: Councillmember Cummings NEW BUSINESS I. Planning Commission reco=endation regarding possible rezoning of 13093 McKusick Road. r Community Development Director Russell reported Council had directed the Planning Commission to investigate the possible rezoning of this site to a zone that allows auto repair garages. The Comprehensive Plan designates the area Townhouse Residential. The Co=ission determined rezoning could result in more intensive commercial use of the site. The existing RA residential designation allows the existing "grandfathered use" and requires Commission review of any expansion. The Planning Commission determined the residential designation was the appropriate designation. Council received the Planning Commission recommendation and determined no action was necessary. 2. Planning Commission recommendation regarding change in real estate sign regulations. Community Development Director Russell stated Council had referred the request by local realtors for amendment of the sign ordinance for real estate signs to the Planning Commission for review and recommendation. Members of the real estate co=unity were present at the Planning Commission meeting of June 14, 1999. After considering the issues and various amendment alternatives, the Planning Commission and the real estate sign interests decided the current ordinance was not in need of amendment. No action was taken by Council. 3. Consideration of future of Cayuga, As directed by Council, Community Development Director Russell presented a report on options for the future of the Cayuga. Since the donation of the boat to the City, it has been boarded up. It is an on-going security and maintenance responsibility. Alternatives include the following: I) sell the boat or give it away, or 2) retain for use as an interpretive center as shown in the Aiple property park plan. If retained, the boat needs to be repaired and restored. Estimates for repair range from $25,000 to $50,000. r Inquiries been received by the City. One is interested in purchasing the boat, one offered his services to auction the boat off, and one has offered his services to take it over and repair it during the next three to five 10 City Council Meeting 99-13 July 6, 1999 '" years in order to moor a boat off the Aiple Property. Max Todo Marine Services, Inc., submitted a proposal to repair the boat in exchange for permission to make the Cayuga a home base of Max Todo day-to-day business operations. Motion by Councilmember Thole, seconded by Councilmember Bealka to advertise and accept bids for the sale of the Cayuga. Motion withdrawn. Audrey Guild, Max Todo Marine Services, Inc., explained their proposal. She stated it would be approximately 5 years to make it ready for public use. Councilmember Zoller stated he felt it was best to sell the Cayuga at this time. Motion by Councilmember Thole, seconded by Councilmember Cummings directing staff to negotiate with Max Todo Marine Services, Inc., regarding Max Todo's proposal for repair and use of the Cayuga, and return to Council. Ayes: Councilmembers Bea1ka, Cummings, Thole and Mayor Kimble Nays: Councilmember Zoller 4. Possible appointment to Board of Water Commissioners. The term of Gary Funke expired on June 30,1999. He has requested reappointment; the Water Board has also recommended his reappointment. An application was also received from Chris Catlin. ~otion by Councilmember Thole, seconded by Councilmember Bealka to adopt Resolution 99-184 reappointing Gary Funke to the Board of Water Commissioners for a term to expire June 30, 2002. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 5. Approval of Laws 1999, Chapter 202 (HF 1079) allowing the issuance of two additional liquor licenses in addition to the number authorized by law. City Attorney Magnuson informed Council that in order for this special legislation to become effective, Council is required to pass a resolution certifYing approval of the special law. This must then be submitted to the Secretary of State. Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution 99-185 approving Laws 1999, Chapter 202 (HF 1079) allowing the issuance of two additional liquor licenses in addition to the number authorized by law. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 6. Amending Resolution 92-249, Establishing Downtown Parking Commission, by removing residency ("' requirement for voting members. Community Development Director Russell reported the Resolution establishing the Downtown Parking Commission requires all voting members to be residents of the City. Many downtown business owners are 11 . City Council Meeting 99-13 July 6,1999 r not residents of the City and are therefore ineligible to serve of the Commission. Commission decisions directly affect downtown businesses. He requested Council amend Resolution 92-249 to allow non-resident downtown business owners to serve on the Downtown Parking Commission. Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution 99-186 amending Resolution 92-249, Establishing Downtown Parking Commission, by removing residency requirement for voting members. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 7. Possible appointment to Downtown Parking Commission. Motion by Councilmember Thole, seconded by Councilmember ZolIer to adopt Resolution 99-187 appointing Kara Johnson and Cindy GelIerman to Downtown Parking Commission for terms to expire January 1, 2000. Ayes: Councilmembers Bea1ka, Cummings, Thole, Zoller and Mayor Kimble Nays: None ADJOURNMENT Motion by Councilmember Cummings, seconded by Councilmember Thole to adjourn at 9:35 p.m. favor. ('" All in Attest: ~I'tL")& I,~- City Clerk -c#~ ayo (" 12 City Council Meeting 99-13 July 6,1999 r Resolution 99-168: Directing Payment of Bills Resolntion 99-169: Approving fire protection contracts with the City of Grant and Townships of May and Stillwater Resolution 99-170: Employment of Sara Rugloski as part-time, on-call firefighter Resolution 99-171: Permanent employment of Chris Zeuli as full-time firefighter/engineer Resolution 99-172: Agreement with Bailey Construction for installation of four picnic area shelters - Lily Lake (I); Northland Park (I), and Meadowlark Park (2) Resolution 99-173: Accepting work and ordering final payment -Lake Drive Storm Sewer Extension (Project 9734) Resolution 99-174: Employment of Jeff Dionisopolis as labor/maintenance worker - Public WorkslParks Resolution 99-175: Promotion of Todd Bjorkman to sergeant - Police Dept Resolution 99-176: Authorizing entering into Grant Agreement with MN Dept. of Public Safety, for Safe and Sober Communities project. Resolution 99-177: Seasonal employment of Stephen Model as labor maintenance worker Resolution 99-178: awarding the bid for the railroad building demolition on City property located east of the Desch Building and north of Mulberry Street, to Miller Excavating, Inc., in the amount of$4,250. Resolution 99-179: amending Resolution No. 98-309, establishing the fine schedule and penalties for alcohol and tobacco compliance violations. Resolution 99-180: vacating a portion of the conservancy easement on Lot 7, Block 4, Liberty on the Lake, and dedicating a new conservancy easement at that location, subject to the Department ofNatura1 Resources 0proval. R.esolution 99-181: ordenng the improvement for downtown decorative lighting, Project 9821. Resolntion 99-182: accepting the quotation from Bailey Construction, Inc., for step improvements at Triangle Park and Warden's House Museum. Resolution 99-183: accepting bid from Fubr Trenching in the amount of$10,110, to correct drainage problem Resolution 99-184: reappointing Gary Funke to the Board of Water Commissioners for a term to expire June 30, 2002. Resolution 99-185: approving Laws 1999, Chapter 202 (HF 1079) allowing the issuance of two additional liquor licenses in addition to the number authorized by law. Resolution 99-186: amending Resolution 92-249, Establishing Downtown Parking Commission, by removing residency requirement for voting members. Resolution 99-187: appointing Kara Johnson and Cindy Gellerman to Downtown Parking Commission for terms to expire January 1, 2000. Ordinance 877: amending Chapter 25, Human Rights Commission, by changing the required number of members of the Human Rights Commission. r 13