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HomeMy WebLinkAbout1996-04-16 CC MIN /'" r r r CITY OF STILL WATER CITY COUNCIL MEETING NO. 96-10 April 16, 1996 REGULAR MEETING 7:00 P.M. Present: Councilrnembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon City Engineer Eckles City Planner Fitzgerald Consulting Engineer Moore Consulting Engineer Hahn Planning Commission Chairman Fontaine City Clerk Weldon Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette APPROVAL OF MINUTES Motion by Councilrnember Thole, seconded by Councilrnernber Cummings to approve the minutes of the March 19,1996, Regular and Recessed Meetings and April 2, 1996, Regular and Recessed Meetings. All in favor. PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS 1. John Wertish. Northern States Power Comoanv Mr. Wertish introduced himself to Council as the Community Service Manager for Stillwater. 2. Territorial Prison Coalition. Inc. John Lange requested timeline for city response for requests for City assistance. Mr. Kriesel reported the Finance Director was in the process of compiling necessary data. Ms. Deblon stated information could be ready by April 30. 1 'lllil ;.'il"r'I*"II.ilMI Stillwater City Council Minutes Regular Meeting r-' April 16, 1996 r r Motion by Councilrnember Zoller, seconded by Councilrnember Thole to set a workshop for 4:30 p.rn., April 30 to discuss existing and proposed TIF projects. Ayes - 4; Nays -1, Councilmember Bealka. OPEN FORUM 1. Joanne Turner, representing owners of Freight House Restaurant, requested delay of Levee Wall project until after Labor Day for the following reasons: I. economic impact on summer business; 2. structural impact on buildings; 3. health and safety of employees and customers related to excessive sound and dust. Motion by Councilrnember Thole, seconded by Councilrnember Zoller to direct staff to work with Ms. Turner and downtown business owners to mitigate impact of levee wall construction on downtown businesses. All in favor. CONSENT AGENDA Motion by Councilrnember Thole, seconded by Councilrnember Bealka to approve the Consent Agenda of April 16, including the following: All in favor. I. Resolution 96-88, Directing Payment of Bills. 2. Resolution 96-89: Setting City contribution for hospital/medical coverage for Councilrnembers. 3. Resolution 96-90: Setting City contribution for hospital/medical coverage for City Coordinator and City Attorney. 4. Resolution 96-91: Approval of Recycling Grant Application. 5. Temporary 3.2 beer licenses for Softball Tournaments: Scandia-MN Computers May 17-19; Gary Bieging - Stillwater Merchants April 26-28; Samantha Smith - MN Grand Spectacles May 3-5. 6. Contractors Licenses: Valley Window Service (new); Cross Windows and Siding (new) 7. Resolution 96-92: Gambling Premises Permit Renewals - Elks Lodge 179 Stillwater: Elks Lodge, Loggers, Johns Bar 8. Authorization to advertise for assistant to Finance Director. 9. Purchase of computer - Fire Department 10. Resolution 96-93: Approving City Hall Building Project Contracts: American Flagpole & Flag Co.; Bartley Sales, Co. Inc.; Construction Supply, Inc. STAFF REPORTS 1. City En~ineer - 2 Stillwater City Council Minutes Regular Meeting r April 16, 1996 City Engineer Eckles updated Council on the spring flooding. He reported dike construction will begin Wednesday. PUBLIC HEARINGS 1. Case No. SUPN/96-7. This is the day and time for the public hearing to consider the appeal of Planning Commission denial of request for a Home Occupational Permit for a beauty salon in a single family residence located at 1111 N. 3rd Street in the R-B Duplex Residential District. Deanna Getschel and Tom Roberts, applicants. Notice of the hearing was placed in the Stillwater Gazette on April 5, 1996, and notices mailed to affected property owners. Deanna Getschel appealed the decision of the Planning Commission stating other similar requests for Special Use Permits had been granted in the City. She addressed neighborhood concerns, explaining there would be no addition to the home, there would be no more than two customers at the location at anyone time, and parking would be provided in her driveway. Mark Finley, 1119 N. 3rd St., stated opposition to a commercial use in a residential neighborhood. r Mayor Kimble closed public hearing. Councilmember Thole reported receiving numerous letters and calls in opposition to the SUP. City Attorney Magnuson reported denial must be based on health, safety and welfare concerns. Motion by Councilrnember Thole, seconded by Councilmember Zoller to deny the appeal of Case No. SUPN/96-7. Ayes - 2; Nays - 3 (Councilmembers Cummings, Bealka, and Mayor Kimble). Motion failed. Motion by Councilrnember Bealka, seconded by Councilrnember Cummings to approve Case No. SUPN /96-7 with following conditions: Off-street parking for two cars, hours of operation will be Tues., Wed., and Thurs., 11 a.m. - 7 p.m.; Fri., 9 a.m- 5 p.m., and Sat. 9 a.m. - 3 p.m.; no signage; no more than seven clients per day; and permit subject to review upon substantial complaint. Ayes 4; Nays - 1, Councilmember Thole. (Council recessed at 8:15 p.m. and reconvened at 8:25 p.m.) r-' 3 Stillwater City Council Minutes Regular Meeting r-" April 16, 1996 UNFINISHED BUSINESS I. Rt;pOrt: Establishment of permit process for horse-drawn carrialle service City Coordinator Kriesel reported that Mr. Lindell had met with Chief Beberg. According to a memo from ChiefBeberg, a route was developed, necessary lighting on the carriages and "slow moving" signs on rear of the units would be used. Recommended approval as conditioned in Beberg's memo. Wally Lindell was present for questions. Motion by Councilrnember Thole, seconded by Councilmember Bealka to direct the City Attorney to prepare a formal permit for carriage rides in the City of Stillwater, as conditioned. All in favor. 2. FinallWproval ofTIF Allfeement for construction of 10.450 sQ. foot buildin~ located at 402 North Main in the Central Business. Flood Plain Overlay District. ABS COmpany. developer. r Jim Kellison requested the agreement be amended to include approximately $11,354 in floodproofing costs. Mr. Magnuson reported a survey of the area done after preliminary approval of the agreement revealed floodproofmg would be required. He reported iffloodproofing costs are approved, the assistance level would become $71,968.57. Motion by Councilrnember Cummings, seconded by Councilrnember Bealka to adopt the appropriate resolution approving request for 50 percent pay-as-you-go TIF assistance for floodproofing and directing the City Attorney to prepare final draft ofTIF Agreement with ABS Company to include the additional floodproofmg assistance. (Resolution 96-94) Ayes- Councilrnembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 3. Update on City Heritalle Preservation Commission and Planninll Commission review of Stillwaters on the St. Croix 74-unit housinll proiect and public parkin~ lot develo.pment cona:pt for lJBC stora~e yard site at 301 S. 2nd Street. Gerrard Realty. developer. Lew Moran, Director of Development, SEH, project architect, reviewed the planning and design process for the project, and showed site development drawings, site elevations and r 4 Stillwater City Council Minutes Regular Meeting r-' April 16, 1996 floor plans. He requested Council response to Gerrard proposals to purchase the Bluff City Lumber Site and construct a parking ramp. Councilmembers Zoller and Thole stated the parking ramp/fmancial package was not acceptable and should be reworked. Mayor Kimble stated a Notice of Appeal to the Planning Commission granting of the variance for the project was received today (April 16). Mr. Magnuson stated all permits and SUPs are stayed until completion of the appeal process and any Council action on the project is prohibited until after a public hearing on the appeal is held. Council directed this project be included in the workshop discussions on April 30. Motion by Councilmember Cummings, seconded by Councilrnember Zoller to direct staff to continue to work with Gerrard Realty to develop a plan to address utility and parking issues related to the project. All in favor. r Motion by Councilmember Thole, seconded by Councilrnember Zoller to set a public hearing for appeal of Planning Commission decision, Case No. SUPN/96-15, for May 7,1996. All in favor. 4. Approving Redevelopment Agreement with Rasmussen Millwork, Inc., d/b/a Colonial Craft Mr. Magnuson reviewed changes from initial offer to Colonial Craft. The major changes were in the initial dollar amount for land acquisition, the start time for construction, and additional TIF assistance related to DIED grant. The benefits would be the long term presence of a manufacturing facility, increased jobs and increased tax base. Finance Director Deblon stated that with the original proposal, the City would recoup city funds; with the current proposal, the City most likely would not cover its expenses. Eric Bloomquist, President of Rasmussen Millwork, Inc., gave a brief overview of the Corporation, job estimates, and products to be manufactured. Jim Kellison, Director of Stillwater Area Chamber of Commerce, stated Chamber support for Colonial Craft's move to Stillwater. Motion by Councilrnember Bealka, seconded by Councilrnember Zoller to adopt the appropriate r " 5 Stillwater City Council Minutes Regular Meeting r April 16, 1996 resolution giving final approval of the Redevelopment Agreement with Colonial Craft (Resolution 96-102). Ayes- Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None (Council recessed at 10 p.m. and reconvened at 10:15 p.m.) 5. Lease extension allfeements - Stillwater Yacht Club Mr. Kriesel reported Stillwater Yacht Club had requested this item be tabled to May 7 meeting. Motion by Councilmember Cummings, seconded by Councilmember Thole to table the lease extension agreements for Stillwater Yacht Club to May 7 meeting. All in favor. 6. Stillwater FloodlRetainioll Wall Proiect. Sta'1e I - Source of Title r Mr. Magnuson presented a copy of Attorney's Opinion to the source of title and a proposed Right of Entry to the United States of America to be granted as soon as the Project Cooperation Agreement is approved by the Department of the Army and signed by the City. Motion by Councilrnember Bealka, seconded by Councilmember Thole to adopt the appropriate resolution granting Right of Entry to United States of America for Stillwater FloodlRetaining Wall Project, Stage I. (Resolution 96-95) Ayes- Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None NEW BlJSINESS 1. Request forresubdivision of two lots of2.5 acres and 1.75 acres into two lots 00.0 acres and 1.25 acres, the site located on Tower Avenue in the Business Park Commercial District BP-C, Rick Soderlund, applicant, Case No. SUB/96-8. Mr. Kriesel reported the Planning Commission recommended approval with two conditions: 1. utility drainage or easements required by review agencies shall be provided on final plan and 2. rear portion of lot fronting Tower Drive shall be combined with lot fronting on TH Frontage Road for tax and development purposes. Staff recommended third condition: All r 6 Stillwater City Council Minutes Regular Meeting r April 16, 1996 assessments on property shall be paid to city before resubdivision is recorded. Council directed all three recommendations should be listed as conditions of approval. Motion by Councilrnember Thole, seconded by Councilmember Zoller to adopt the appropriate resolution approving resubdivision of two lots of2.5 acres and 1.75 acres into two lots 00.0 acres and 1.25 acres located on Tower Avenue in the BP-C District, as conditioned, Case No. SUB/96-8. (Resolution 96-96) Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None Long Lake Study taken at this time. (listed as No.6 New Business) 2. Proposal for Long Lake Outlet Study Eckles presented proposal from SEH. Consulting Engineer Hahn stated work could begin immediately and be completed in approximately two months. r Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt the appropriate resolution authorizing SEH to begin Phase I of the Long Lake Outlet Study for a cost not to exceed $18,500, with the intention to reimburse the City from bond proceeds issued within the next 18 months. Ayes - 4; Nays - I, Councilrnember Cummings 3. Recommendation from Downtown Parking Commission for temporary use of UBC parking' lot and changes in parking limits in Olive Street lot and River lot north of Chestnut. Mr. Kriesel reported the recommendations of Downtown Parking Commission are as follows: 1) Sign River Parking Lot between Chestnut and Myrtle 4 hour parking; 2) designate spaces in River Lot north of Myrtle as permit parking; 3) install two loading spaces on Water Street between Chestnut and Myrtle; 4) Allow two hour parking, as can be accommodated, on east side of Water between Chestnut and Myrtle; 5) grade and lay class 5 on UBC parking lot for temporary summer use and sign permit parking lot Monday-Friday 8 a.m - 6 p.m.; 6) change Olive Street parking lot from permit to four hour parking; and 7) contract for painting downtown curbs and mark parking spaces. Motion by Councilmember Thole, seconded by Councilmember Cummings to approve the seven recommendations of Downtown Parking Commission with the intention to reimburse the City for costs of class 5 on UBC site from bond proceeds issued within the next 18 months. All in favor. r 7 Stillwater City Council Minutes Regular Meeting .r Apri116,1996 4. Andiamo Enterprises - Request for Dock Permit Amendment. Mr. Kriesel presented request for review and comments from the Department of Natural Resources regarding a request from Andiamo Enterprises for an amendment to the permit issued by DNR to allow 72 hour tie ups for transient boats (presently 24 hours) and to allow a 26-foot service boat at the dock site. He reported Port Authority recommended approval. Motion by Councilmember Bealka, seconded by Councilrnember Thole to authorize staff to notify the Department of Natural Resources of City approval of the request of Andiamo Enterprises to allow 72 h01,ll' tie ups for transient boats and to allow a 26-foot service boat at the dock site. All in favor. 5. Possible first reading of ordinance amending the Charter of the City of Stillwater. Mr. Magnuson presented recommendations from the Charter Commission which would establish uniformity in the appointment process for vacancies in offices and on boards and commissions, making appointments by vote of the full City Council, unless a State Law required otherwise. r Motion by Councilrnember Bealka, seconded by Councilrnember Cummings to have a first reading of ordinance amending City Charter, dealing with vacancy in office and appointments to boards and commissions. All in favor. 6. No Parking request for Linden and 3rd Street. Mr. Eckles reported Linden Nursing Home had requested 2 hour parking in front offacility to provide visitor parking and no parking on north side of Linden Street from 3rd to 2nd Streets Nov. I - April 1 due to narrow streets. Motion by Councilrnember Thole, seconded by Councilrnember Zoller to adopt the appropriate resolution designating 2 hour parking in front of 322 and 308 N. 3rd on west side to provide visitor parking and no parking on north side of Linden St from 3rd to 2nd. Nov. 1 - April I, and directing staff to install appropriate signage. (Resolution 96-97) Ayes- Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 7. Eagle Ridge TraillDeer Path Sidewalk Project, L.r. 322. r 8 Stillwater City Council Minutes Regular Meeting r April 16, 1996 Eckles reviewed report, stating feasibility study was divided into four segments: 1) Eagle Ridge Trail, 2) Neal Avenue, 3) Myrtle Street, and 4) Deerpath area. Recommended constructing Segment I, Eagle Ridge Trail, and Segment IV, Deerpath area; street reconstruction of Eagle Ridge Trail from Myrtle to Green Twig Way, and development of agreement with county to construct bike trail on Myrtle. Mr. Magnuson reported an alternative method to treating sidewalk improvements as local improvements and assessing the abutting property owners is to establish sidewalk improvement districts that would have the authority to defray all or part of the cost of sidewalk construction and repair by district and to apportion and assess all parcels or tracts located in the established assessment district on a uniform basis. Motion by Councilmember Thole, seconded by Councilrnember Cummings to adopt the appropriate resolution receiving the report and ordering the hearing for May 7, 1996, Eagle Ridge TraillDeer Path Sidewalk Project, L.r. 322. (Resolution 96-99) Ayes- Councilrnembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None r-' Motion by Councilmember Thole, seconded by Councilrnember Cummings to have a first reading of ordinance for the establishment of sidewalk improvement districts. All in favor. 8. Pine Street Reconstruction/Water Service Repairs, L.r. 295-2 Mr. Eckles reported on three properties on South Owens Street that have water service originating from Pine Street and should be included in the project. Motion by Councilrnember Cummings, seconded by Councilrnember Thole to adopt the appropriate resolution ordering the report, Pine Street Reconstruction/Water Service Repairs, L.r. 295-2. (Resolution 96-100) Ayes- Councilrnembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None Motion by Councilrnember Cummings, seconded by Councilrnember Thole to adopt the appropriate resolution receiving the report and ordering the hearing for May 7, 1996, Pine Street Reconstruction/Water Service Repairs, L.r. 295-2. (Resolution 96-101) r-' 9 . Stillwater City Council Minutes Regular Meeting r-' Alpril 16, 1996 Ayes- Councilrnembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 9. Recommendation from Downtown Parking Commission for two replacement members for Downtown Parking Commission. City Coordinator Kriesel reported that the Downtown Parking Commission have recommended Bob Lillyblad and Connie Adams to fill vacancies created by the resignation of Ed Stuart and Paul Simonet from the commission. Motion by Councilrnember Thole, seconded by Councilrnember Zoller to appoint Bob Lillyblad and Connie Adams to Downtown Parking Commission. All in favor. COMMUNICA TIONSIREOUESTS r I. City of Stillwater Chamber of Commerce - Resolution supporting development of Maple Island re-use projects 2. NRG Energy, Inc. - Meeting at Ramsey-Washington County Resource Recovery Facility 3. Lind, Jensen & Sullivan - Notice of Action related to Junker Landfill issue 4. Becci Cox - Request for city assistance for Cherry St. ravine clean-up, Saturday, April 27. Council directed staff to arrange for pickup of trash from Cherry St. Ravine cleanup. AlDJOlJRNMENT Motion by Councilrnember Thole, seconded by Councilrnember Bealka to adjo\l!ll the meeting at 11 :40 p.m. All in favor. ATTEST:----D1M1..' Lu( pjA"oJo.. CITY CLERK Resolutions: No. 96-88 - Directing Payment of Bills No. 96-89 - Setting City contribution for hosp/medical coverage for Councilrnembers r 10 . Stillwater City Council Minutes Regular Meeting r April 16, 1996 No. 96-90 - Setting City contribution for hosp/medical coverage for City Coordinator and City Attorney No. 96-91 - Approval of Recycling Grant Application No. 96-92 - Gambling premises permit renewals - Elks Lodge 179 (3 locations) No. 96-93 - Approving City Hall Building Project Contracts No. 96-94 - Approving TIF agreement with ABS company No. 96-95 - Granting right of entry to United States of America for Stillwater FloodlRetaining Wall Project, Stage I No. 96-96 - Approving resubdivision, Case No. SUB/96-8, as conditioned No. 96-97 - Designating parking zones on Linden Street No. 96-98 - Authorizing SEH to begin Phase I of the Long Lake Outlet Study No. 96-99 - Receive report and order hearing for Eagle Ridge TraillDeer Path Sidewalk Project. L. r. 322 No. 96-100 - Order report, Pine Street Recons./Water Service Repairs, L.r. 295-2 No. 96-101 - Receive report and order hearing, Pine St. ReconstructionlWater Service Repairs, L.I. 295-2 No. 96-102 - Redevelopment Agreement with Colonial Craft (' r-' 11