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Home My WebLink About1996-01-16 CC MIN (", (' ('. Special Meeting STILL WATER CITY COUNCIL MINUTES January 16, 1996 4:30 p.m. The Meeting was called to order by Mayor Kimble. Present: Councilmembers Bealka, Cummings, Thole, and Zoller and Mayor Kimble Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Community Development Director Russell City Clerk Weldon Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Others: Charter Commissio~ members John Rheinberger, Steve Keister, Howard Lieberman, Timothy Old, Donald Valsvik, Laurie Maher, and Richard Slivik 1. WorhhQp - Charter Commission. Council met in a workshop session with the Stillwater Charter Commission to discuss changes to the charter proposed by the Commission relating to filling of vacancies on the Council and uniformity in appointment process for Boards and Commissions. The Charter Commission was directed to return the recommendations to Council in ordinance form for a possible first reading at the February 6 meeting. RECESS Motion by Councilmember Zoller, seconded by Councilmember Thole to recess the meeting at 6:20 p.m. All in favor. #p ATTEST: fYJfr1#.'- IJ JfI~d~ , CITY CLERK (', (". (' Regular Meeting STILL WATER CITY COUNCIL MINUTES January 16, 1996 7:00 p.m. The Meeting was called to order by Mayor Kimble. Present: Councilmembers Bealka, Cummings, Thole, and Zoller and Mayor Kimble Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Community Development Director Russell Finance Director Deblon City Engineer Eckles Consulting Engineer Moore Planning Commission Chairman Fontaine Consulting Engineer Hahn City Clerk Weldon Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Others: Ed Cain APPROVAL OF MINUTES Motion by Councilmember Thole, seconded by Councilmember Zoller to approve the minutes of the December 19, 1995 Regular Meeting; the January 2,1996 Regular and Recessed Meetings; and January 9, 1996 Special Meeting. All in favor. OPEN FORUM Alden Nelson, 111 South Brick Street, spoke in opposition to blocking of one end of Deer Path that would transfer traffic to Brick Street. CONSENT AGENDA Motion by Councilmember Thole, seconded by Councilmember Bealka to approve the Consent Agenda of January 16, 1996, including the following: 1. Resolution 96-13, Directing Payment of Bills. 2. Denial of Application for waiver of garbage and collection charges. 3. Contractors License Renewals - Stocker Excavation, Inc., Excavation; Suburban Lighting Inc., Sign Erection. 4. Purchase of computer desk - Building Department. 5. Purchase of telephone - Engineering Department. r r (' Stillwater City Council Minutes Regular Meeting January 16, 1996 6. Request quotes for Kubota tractor and mower deck - Parks Department. 7. Resolution 96-14, Purchase of Skid-Steer Loader - Parks Department. 8. Submit claim against the City to insurance carrier - Singleton. STAFF REPORTS 1. Finance Director - Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt the appropriate resolution approving the contract with Comprehensive Managed Care for workers compensation insurance program. (Resolution 96-15) Ayes- Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None Motion by Councilmember Thole, seconded by Councilmember Zoller to award the 1995 Audit to McGladrey & Pullen at the total fee of$21,060 for the City and $5,650 for the Water Board. All in favor. 2. City En"ineer - Motion by Councilmember Cummings, seconded by Councilmember Zoller to accept the offer of $45,000 for sale of flush truck and authorize appropriate city staff to complete the transaction. Ayes 4; Nays - 1, Councilmember Bealka. City Engineer Eckles updated Council on the request for no parking signs at Salem Evangelical Lutheran Church and School: temporary signs have been installed. In the spring, a resolution would be required to designate the area no parking before permanent signs could be installed. PUBLIC HEARINGS 1. Case No. SUB/95-91. This is the day and time for the public hearing to consider a request to subdivide an existing parcel into two lots at 911 County Road 5. Gary Howe, applicant. Notice of the hearing was placed in the Stillwater Gazette on January 9, 1996, and notices mailed to affected property owners. Community Development Director Russell reviewed the request. There were no comments from the public. Mayor Kimble closed the public hearing. 2 r- \, r r' Stillwater City Council Minutes Regular Meeting January 16, 1996 Motion by Councilmember Cummings, seconded by Councilmember Thole to approve the subdivision of an existing parcel into two lots at 911 County Road 4, as conditioned by the Planning Commission and adding payment of$1,500 hookup charge as additional condition of approval. All in favor. 2. Case No. BM/95-90. This is the day and time for the public hearing to consider a request to move a house to 911 County Road 5. Gary Howe, applicant. Notice of the hearing was placed in the Stillwater Gazette on January 9,1996, and notices mailed to affected property owners. Community Development Director Russell reviewed the request. There were no comments from the public. Mayor Kimble closed the public hearing. Motion by Councilmember Thole, seconded by Councilmember Zoller to approve the request by Gary Howe to move a house to 911 County Road 5. All in favor. (Council recessed at 8:25 p.m. and reconvened at 8:40 p.m.) 3. L.I. 295, Pine Street Reconstruction. This is the day and time for the public hearing to consider the making of an improvement of West Pine street between the west line of Greeley Street and the east line of Seeley Street and bordering Grove Street between West Pine Street and Lily Lake, by construction and reconstruction of roadways, stormsewer, sidewalk, and sewer and water pursuant to Minnesota Statutes, Sections 429.011 to 429.111. The area proposed to be assessed for the improvement is all property bordering on West Pine Street between the west line of Greeley Street and the east line of Seeley Street an bordering Grove Street between West Pine Street and Lily Lake. The estimated cost of the improvement is $769,570. Novice of the hearing was placed in the Stillwater Gazette on January 3 and January 10, 1996, and notices mailed to affected property owners. Consulting Engineer Moore presented the project. Mayor Kimble opened the public hearing. The following individuals addressed Council: Shelby Prentiss, 1216 West Pine, presented a petition requesting sidewalks not be included in the project. Gary Funke, 1605 West Pine Street, requested the street be 42 feet wide with no sidewalks, and expressed concerns for safety of bicyclists. Jack Evert, 550 South Grove, stated that Grove Street is in good shape, but supported 3 f' (' (", Stillwater City Council Minutes Regular Meeting January 16, 1996 sidewalk for safety. Ed Cain, 707 Lake Drive, spoke in favor of installing sidewalks for safety of schoolchildren. Jerry Fontaine, 1618 West Willard, stated he was in favor of sidewalks. Anna Danielson, West Pine Street, stated she no longer drives, so she insists on sidewalks. She stated sidewalks also aesthetically improve property values. Richard Hill, 1619 West Pine, concerned with speed and requested consideration of stop signs to slow traffic and a bike lane for safety. Tim Lanz, 424 South Grove, expressed the need for sidewalks for safety of children. Jim Tibbetts, 502 South Hemlock, supported reconstruction of street at 38 feet and sidewalk on one side. He expressed the need for enforcement of speed limit. Steve Russell, 1417 West Pine, stated the proposed design was good; he favored narrowing the street to reduce speed, installing sidewalk, and have parking on only the south side. Kim Pepera, 504 South Greeley Street, on the corner of Greeley and Pine Streets, stated that speed is the major problem, not sidewalks or width of street. Mayor Kimble asked if the potential assessment was a concern of the 21 signers of the petition in opposition of the sidewalks. Ms. Prentiss stated it was. Mayor Kimble and Mr. Moore explained the funding and assessment policy for MSA streets. Because of the formulas, assessments for the residents would be the same with or without the installation of sidewalks. Nancy Anderson, 1514 West Pine, asked about the assessment formula, hydrants, and elimination of standing water. A resident of Pine and Greeley requested consideration of maintenance of sidewalks. Mayor Kimble closed the public hearing. Motion by Councilmember Cummings, seconded by Councilmember Bealka to adopt the 4 c (' (' Stillwater City Council Minutes Regular Meeting January 16, 1996 appropriate resolution ordering the Improvement and Preparation of Plans, L.1. 295, Pine Street Reconstruction. (Resolution 96-16) Ayes- Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None Motion by Councilmember Cummings, seconded by Councilmember Thole to direct plans be prepared for a 38 foot street with sidewalk on the north side, no parking on the south side, and consideration of speed reduction. All in favor. (Council recessed at 9:25 p.m. and reconvened at 9:35 p.m.) NEW BUSINESS 1. Provisional apnroval of new off-sale liQJlor license and cil!arette licen... (J.isted as #3 on Awenda ) Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt the appropriate resolution giving provisional approval of a new off-sale liquor license and cigarette license for F.T.L. Corporation, dba M.G.M. Liquor Warehouse. (Resolution 96-21) Ayes - Councilmembers Bea1ka, Cummings, Thole, Zoller and Mayor Kimble Nays - None UNFINISHED BUSINESS 1. Possible second "'Allini of OrdinAnce 811 amendil\1! Cluulter 41.04.licensinll of tobacco ~ City Coordinator Kriesel reviewed the ordinance, explaining the point of sale advertising section had been deleted for the second reading. SuzAnn Stenso-Velo, Tobacco Free Future Task Force, and Wayne Orr, area high school teacher, expressed concern with student access to vending machines. John Lanners, F.T.L. Corporation, requested clarification of self-service merchandising. The Council determined vending machines which required intervention by an employee would be permissible under the ordinance. Non-attended machines or displays would not 5 r" \ ~. (' Stillwater City Council Minutes Regular Meeting January 16, 1996 be permitted. The effective date for this provision was extended to 1/1/97, with the remainder of ordinance to take effect upon publication on 1/22/96. Motion by Councilmember Thole, seconded by Councilmember Zoller to have a second reading of Ordinance 811 amending Chapter 41.04, licensing of tobacco sales, as amended. Ayes- Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 2. Lilv Lake water Qualitv studv. Bill Fierke showed a video covering the time period from the late 1950's to 1978, showing the changes in water quality. Joel Schilling, Senior Scientist, SEH, reviewed proposed study. Motion by Councilmember Bealka, seconded by Councilmember Zoller to adopt the appropriate resolution directing the Consulting Engineer to prepare a Lily Lake Storm Water Treatment Feasibility Study. (Resolution 96-17) Ayes- Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None (Council recessed at 10:50 p.m. and reconvened at 10:55 p.m.) 3. Levee Wall Proiect and Armorv - Ed Cain. Legislative consultant Ed Cain updated Council on two bills introduced on the opening day of the state legislature relating to: 1) liquor license for territorial prison sitli, and 2) requesting state matching funds for stage 2 oflevee wall project. Mr. Cain and M~or Ous updated Council on the National Guard Armory. They reported that in order to get Congressional authorization, 35 percent of project plans and design (approximately $30,000) must be completed. City portion would be $15,000 with state matching funds. If the project is approved by Congress, both state and city are refunded these expenditures. Motion by Councilmember Zoller, seconded by Councilmember Cummings to allocate $15,000, contingent upon State contributing $15,000 in matching funds, for planning and design of the 6 r r f Stillwater City Council Minutes Regular Meeting January 16, 1996 National Guard Armory. All in favor. 4. Final Plat lUlPI'oval for resubdivision of lots 2. 3. 4. 5 and 6. Block 1. Stillwater Market Place 2nd Addition. into lots 1. 2. and 3. Stillwater Market Place 3rd Addition. Urban Associates. qpplicant. Community Development Director Russell reviewed the request. Motion by Councilmember Cummings, seconded by Councilmember Zoller to adopt the appropriate resolution approving the vacation of easements on lots 2, 3, 4, 5 and 6, Block 1, Stillwater Market Place 2nd Addition. (Resolution 96-18) Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt the appropriate resolution approving the final plat for the resubdivision oflots 2, 3,4, 5 and 6, Block 1, Stillwater Market Place 2nd Addition, into lots 1,2, and 3 Stillwater Market Place 3rd Addition, as conditioned. (Resolution 96-19) Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 5. Reouest bv City of Stillwater Chamber of Commerce for downtown benches and trash receptacles (ContinllM from December 19. 1995), James Laskin, City of Stillwater Chamber of Commerce, requested three additional park benches and 15 additional trash receptacles. The Chamber would pay for planters at $200 each, and provide planting and upkeep. He requested the city purchase trash receptacles ($9,537.30) and benches ($3,514) and the city be responsible for trash removal. Motion by Councilmember Cummings, seconded by Councilmember Bealka to approve the purchase of three park benches and 15 trash receptacles for placement in downtown at a total cost of $13,051.30, with the City of Stillwater Chamber maintaining the planters. All in favor. NEW BUSINESS (continued) 2. ReQJlest for TIF assi~tanr.e for construction of new 10.450 sauare foot buildinl! located at 402 North Main Street. ABC Companv. lW'lir.llnt (Listed as #1 on Awenda). 7 r- (". 0\ Stillwater City Council Minutes Regular Meeting January 16, 1996 Motion by Councilmember Cummings, seconded by Councilmember Bealka to direct staff to prepare agreement for TIF assistance for construction of new 10,450 square foot building located at 402 North Main Street. All in favor. UNFINISHED BUSINESS (Continued) 6. U1)date: Storm Water Utility. Motion by Councilmember Thole, seconded by Councilmember Zoller to table the Storm Water Utility to the February 6 meeting. All in favor. 7. Possible lijIpOintments to Boards and Commissions. Action taken at the end of the meeting. 8. SUl!I!ested r.hAnoes to term ofHerital!e Preservation Commission chAiwe""'n. HPC Chairman Jeff Johnson requested that the Chairperson position become a rotating position effective 1996. Motion by Councilmember Cummings, seconded by Councilmember Bealka to approve the suggested changes to the term of Heritage Preservation Commission chairperson. All in favor. NEW BUSINESS (Continued) 3. Approvini fee structure for reserved use of parks. Motion by Councilmember Cummings, seconded by Councilmember Thole to adopt the appropriate resolution approving the fee structure for reserved use of parks. (Resolution 96-21) Ayes- Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 4. Annroval of PQ,y EQl1itv Implementation Renort. Motion by Councilmember Cummings, seconded by Councilmember Thole to adopt the appropriate resolution approving the 1996 Pay Equity Implementation Report for the City of Stillwater. (Resolution 96-22) 8 r (' r Stillwater City Council Minutes Regular Meeting January 16, 1996 Ayes- Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 5. Set dates for 1996 Local Boards of Review. Motion by Councilmember Thole, seconded by Councilmember Cummings to approve the tentative dates for 1996 Board of Review as follows: First meeting Wednesday, April 17, 4-6 p.m. and second meeting Tuesday, May 7, 4:30 p.m. All in favor. 6. Annrovinll off-sale 3.2% beer and Ciiarette license - Twin Cities Stores. Inc. Motion by Councilmember Cummings, seconded by Councilmember Thole to adopt the appropriate resolution approving off-sale 3.2% beer and cigarette license - Twin Cities Stores, Inc. dba Oasis Market, at 2289 Croixwood Blvd. (Resolution 96-23) Ayes- Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None COMMlJNICATIONS/REOUESTS 1. Stillwater Area Citizens Open Space Committee, Todd King - Request for. workshop. Council requested that Mr. Kriesel contact Todd King for an alternate date for a 7 p.m. meeting. 2. Washington County - Invitation, Forum on Social Outcomes. 3. Mark and Karla Hyberger - Long Lake development concerns. 4. David & Sandra Fabio - Long Lake development concerns. STAFF REPORTS (Continued) AIlProvin~ Labor Contracts Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt the appropriate resolution approving the 1996-1997 Labor Agreement, Local 517, Council No. 14 of the American Federation of State, County, and Municipal Employees, AFL-CIO. (Resolution 96-24) 9 j r r f' Stillwater City Council Minutes Regular Meeting January 16, 1996 Ayes- Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt the appropriate resolution approving the 1996-1997 Labor Agreement, Local No. 49 International Union of Operating Engineers, AFL-CIO. (Resolution 96-25) Ayes- Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt the appropriate resolution approving the 1996-1997 Labor Agreement, Stillwater Firefighters Association. (Resolution 96-26) Ayes- Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None Appointments to Boards and Commi~~ion~ Motion by Councilmember Bealka, seconded by Councilmember Cummings,to reappoint Kirk Roetman and appoint Tom Weidner and David Charpentier to the Planning Commission. All in favor. Motion by Councilmember Cummings, seconded by Councilmember Zoller to reappoint David Junker, Jr., Alan Liehr, Ken Meister, Mike Polehna, and Rob McGarry to the Parks and Recreation Board. All in favor. Motion by Councilmember Thole, seconded by Councilmember Bealka to reappoint Jeff Johnson, Brent Peterson, and Howard Lieberman to the Heritage Preservation Commission. All in favor. Motion by Councilmember Bealka, seconded by Councilmember Cummings to reappoint Julie MacSwain and Diane Kruse to the Solid Waste Advisory Committee. All in favor. Motion by Councilmember Bealka, seconded by Councilmember Cummings to reappoint Paul Simonet, Karl Ranum, and Ed Stuart to the Downtown Parking Commission. All in favor. 10 . o f' (\ Stillwater City Council Minutes Regular Meeting January 16, 1996 Appointments to the Water Board, Library Board, and Port Authority were tabled to the meeting of February 6. ADJOURNMENT Motion by Councilmember Cummings, seconded by Councilmember Bealka to adjourn the meeting at 11 :55 p.m. All in favor. c#f(f/ ATTEST: 01&1.;" I.J~~ . CITY CLERK Resolutions: No. 96-13 - Directing Payment of Bills. No. 96-14 - Purchase of Skid-Steer Loader - Parks Department. No. 96-15 - Contract with Comprehensive Managed Care for workers compensation insurance program. No. 96-16 - Ordering Improvement and Preparation of Plans, L.I. 295, Pine Street Reconstruction No. 96-17 - Directing Consulting Engineer to prepare Lily Lake Storm Water Treatment Feasibility Study. No. 96-18 - Approving vacation of easements on lots 2,3; 4,5 and 6, Block 1, Stillwater Market Place 2nd Addition. No. 96-19 - Final plat approval for resubdivision of lots 2, 3, 4, 5 and 6, Block 1, Stillwater Market Place 2nd Addition into lots 1, 2, and 3 Stillwater Market Place 3rd Addition, as conditioned No. 96-20 - Approving fee structure for reserved use of parks No. 96-21 - Provisional approval of new off-sale liquor license and cigarette license for F.T.L. Corporation, dba M.G.M. Liquor Warehouse. No. 96-22 - Approving 1996 Pay Equity Implementation Report for the City of Stillwater. No. 96-23 - Approving off-sale 3.2 beer and cigarette license - Twin Cities Stores, Inc. dba Oasis Market, at 2289 Croixwood Blvd. No. 96-24 - Approving 1996-1997 Labor Agreement, Local 517 Council No. 14 of the American Federation of State, County, and Municipal Employees, AFL-CIO. No. 96-25 - Approving 1996-1997 Labor Agreement, Local No. 49 International Union of Operating Engineers, AFL-CIO. No. 96-26 - Approving 1996-1997 Labor Agreement, Stillwater Firefighters Association. 11