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HomeMy WebLinkAbout1996-06-04 CC MIN o o (" CITY OF STILL WATER CITY COUNCIL MEETING NO. 96-15 June 4, 1996 REGULAR MEETING 4:30 P.M. The meeting was called to order by Mayor Kimble. Present: Councilrnembers Bealka, Cummings (arrived at 4:55 p.m.), Thole, Zoller and Mayor Kimble Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Community Development Director Russell Police ChiefBeberg Public Works Director Junker City Engineer Eckles Fire Chief Ness Building Official Zepper City Clerk Weldon Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette STAFF REPORTS 1. Police Chief - Police Chief Beberg requested authorization to purchase one computer monitor and keyboard (on consent agenda), updated Council on "Safe and Sober" exercise held on the Stillwater end of the interstate bridge the weekend of May 25, and reported he will be contacting NSP regarding installation of flood lights in Lowell Park. 2. Public Works Director - Public Works Director Junker presented a request for no parking on west side of 5th Avenue S from Burlington to Orleans. He also requested authorization to remove a diesel storage tank at Brick Street Lift Station. (on consent agenda) Motion by Councilmember Zoller, seconded by Councilmember Thole to adopt the appropriate resolution designating the west side of 5th A venue South from Burlington to Orleans as "no parking". (Resolution 96-139) Ayes- Councilrnembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None '\):0"- o , o r -, Stillwater City Council Minutes Regular Meeting June 4, 1996 3. Building Official - Building Official Zepper reported a request for a private septic system at 14440 Dellwood Road had been reviewed by the Community Development Director and inspected by a certified inspector, and approval was recommended. (see consent agenda) OTHER BUSINESS 1. Uodate: Purchase of Territorial Prison Site Community Development Director Russell reviewed the conceptual agreements by Maple Island, Inc., (MIl) and Territorial Coalition, Inc.(TCI) for purchase of territorial prison site. Motion by Councilrnember Cummings, seconded by Councilmember Zoller to direct staff to continue negotiations with Territorial Coalition, Inc., addressing concerns as listed in the Community Development Director's memo and reducing risk to the City; to prepare draft development agreement with Territorial Coalition Inc. (TCI), Maple Island, Inc., and the City of Stillwater; and order an appraisal of the property. All in favor. 2. Transnortation issues/Burlilll!ton Northern Railroad - David Paradeau David Paradeau, Minnesota Zephyr, reported Burlington Northern has offered to remove a 350- foot stretch of track that is no longer used and blade the area for parking. He requested the City resurface the area, reballast and landscape the entire track area. Motion by Councilrnember Thole, seconded by Councilrnember Bealka to direct staff to work with David Paradeau regarding a request for City assistance with improvements along the railroad track area and return with a report on June 18. All in favor. RECESS Motion by Councilrnember Thole, seconded by Councilmember Bealka to recess the meeting at 6:00 p.m. All in favor. ~ ATTEST:~ I~ CITY CLERK 2 (\ (\ (\ CITY OF STILL WATER CITY COUNCIL MEETING NO. 96-15 June 4, 1996 RECESSED MEETING 7:00 P.M. The meeting was called to order by Mayor Kimble. Present: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Community Development Director Russell City Engineer Eckles Consulting Engineer Hahn Consulting Engineer Moore City Clerk Weldon Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette APPROVAL OF MINUTES Motion by Councilmember Cummings, seconded by Councilrnember Thole to amend the minutes of the May 21, 1996 Special and Regular Meetings to show a 5-0 vote in favor of payment for port-a-potties for Taste of Stillwater, and to approve the minutes as amended. All in favor. PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS 1. Pat and Roger Hoyt - Request for adjustment to SOC charges. Pat Hoyt presented a request that interest accruing for SOC charge at 1033 West Sycamore Street be stopped. Motion by Councilrnember Thole, seconded by Councilmember Cummings to direct SOC charges be increased annually by the rate of inflation. All in favor. CONSENT AGENDA Item No.9 removed for consideration during new business. Motion by Councilrnember Thole, seconded by Councilmember Bealka to approve the Consent Agenda of June 4, 1996, as amended, including the following: All in favor. r- Stillwater City Council Minutes Recessed Meeting June 4, 1996 1. Directing Payment of Bills (Resolution 96-135). 2. Exemption from Lawful Gambling License July 21,1996, and Temporary 1-3 day on-sale Liquor License, July 20-21,1996 - Church ofSt. Michael 3. Temporary On-sale 3.2% Malt Liquor License - Music on the Waterfront 4. Seasonal Employment ofParkslPublic Works Maintenance Workers (Resolution 96-136). 5. Seasonal employment oflifeguards (Resolution 96-137). 6. Contractors Licenses: Renewals - Signart Co, Inc.; Construction Labor Forces, Inc., dba Rite- Way Waterproofing; Countryside Pools, Inc.; New - EFH Company, General Contractor. 7. Purchase of computer - Finance Department. 8. Peddler's License - David Rochlin, July 4,1996. 9. l~PMy.illA me efnma3 fef Le"" ..]/ttll Pfojeet. 10. Removal of diesel storage tank. 11. Private septic system at 14440 Dellwood Road. 12. Purchase of monitor and keyboard - Police Department records department. 13. Approving Change Order No.1, City Hall Building Project. (Resolution 96-138). PUBLIC HEARINGS /'. I. This is the day and time for the public hearing to consider the revocation of a kennel license at 717 Second Street South. Notices were mailed to affected property owners. City Attorney Magnuson presented information related to the kennel operation of Nancy Canning at 717 South Second Street. Mayor Kimble opened the public hearing. Leo Miller, Code Enforcement Officer, presented a report on his investigation of the Canning residence for violations of the nuisance ordinance. Paul Lacy, 318 West Olive Street, stated he was a former neighbor and he had complained to Mr. Magnuson in early 1995 and had encouraged development of a new kennel ordinance. He stated the kennel was a for-profit business, as evidenced by advertisements placed in magazines. Michael Johnson, 723 South Second Street, presented photographs of the dogs and kennel area, requested a process be developed to inspect kennels, and provisions of the Dangerous Dog Act be enforced. '" 2 r-- Stillwater City Council Minutes Recessed Meeting June 4, 1996 Community Service Officer Cindy Jacobson, reported on enforcement attempts at the Canning residence. Mayor Kimble asked if Nancy Canning or any individual wanting to present information in opposition to revoking the kennel license were present. Nancy Canning was not present and there were no requests to address Council in opposition to the revocation. Aileen Krzos, 720 South Second Street, stated there is a lack of regulation regarding size of lots and conditions for operation of a kennel. She also stated the dogs were dangerous. Charlotte MacIntosh, 807 South Second Street, reported the barking was incessant and the dogs were being subjected to poor living conditions. Beverly Johnson stated she understood Council needed to be concerned about the rights of the license holder, but felt Council should be equally concerned about the other property owners' rights. r-- Mayor Kimble closed the public hearing. Motion by Councilrnember Zoller, seconded by Councilmember Thole to adopt the appropriate resolution revoking the kennel license of Nancy Canning at 717 Second Street South. (Resolution 96-140) Ayes- Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None Motion by Councilrnember Thole, seconded by Councilmember Bealka to authorize the City Attorney to take appropriate action to enjoin Nancy Canning from maintaining a kennel at 717 Second Street South. All in favor. Motion by Councilmember Thole, seconded by Councilrnember Zoller to direct the Police Department to send a "dangerous dog" letter to Nancy Canning. All in favor. (Council recessed at 8:20 and reconvened at 8:30 p.m.) UNFINISHED BlJSINESS I. Update: Pioneer Park meeting held May 29, 1996. '" 3 ('\ Stillwater City Council Minutes Recessed Meeting June 4, 1996 Mr. Russell presented an update on the final public meeting regarding Pioneer Park Master Plan (phase I) held May 29,1996, by StefanlLarson Associates and Landscape Architect Rob Williams. He reported the plan was reviewed at the HPC meeting June 3, will be reviewed by the Planning Commission this month, and is tentatively scheduled to go the City Council at the July 3 Council meeting. 2. Report: Metropolitan Council final adoption of Comprehensive Plan. Mr. Russell reported the Metropolitan Council adopted the City of Stillwater Comprehensive Plan at their May 23, 1996, meeting. Conditions of approval included the incorporation of biennial on-site septic system inspections by July 23, 1996, and recommended including portions of the orderly annexation agreement with Stillwater Township dealing with phasing, timing, and yearly dwelling unit limitations. 3. Orderly Annexation Agreement. ~ Mr. Magnuson presented the draft copy of the Orderly Annexation Agreement as approved by the Stillwater Town Board on May 23. He stated the Agreement will be considered for adoption by the Town Board at their meeting on June 27,1996. The draft was included in the Council packet for review only. No action is required at this time. 4. Report from Downtown Parking Commission: Handicapped parking space at corner of Commercial and Second. Mr. Russell reported the Downtown Parking Commission recommended amending the parking ordinance to allow officially registered handicapped vehicles to park in any legal space in the downtown area for an unlimited time (the current informal policy) rather than designate additional designated handicapped parking spaces. Dave Swanson, Downtown Parking Commission was present to answer questions. Motion by Councilrnember Cummings, seconded by Councilrnember Thole to have a first reading of an ordinance amending the parking ordinance to allow officially registered handicapped vehicles to park in any legal space in the downtown area for an unlimited time. All in favor. NEW BlJSINESS I. Presentation of Downtown Summer Circulation Bus Service for Summer 1996. o 4 /,"" Stillwater City Council Minutes Recessed Meeting June 4, 1996 Mr. Russell presented a report from the Downtown Parking Commission requesting consideration of a summer bus circulator between the downtown parking lots. He reported a proposal was received from Robert Raleigh, Stillwater Trolley. Mr. Raleigh presented his proposal and request for city financing. Council felt directional signing to existing parking was most important. They requested Mr. Raleigh attempt to develop other financing options. Motion by Councilmember Zoller, seconded by Councilrnember Cummings to direct staff to apply to MnDot for directional signage from TH 36 to CR 15 to TH 96 to North Main Street parking lots. All in favor. Motion by Councilmember Bealka, seconded by Councilmember Zoller to direct staff to contact local businesses and Chambers of Commerce to develop a financing plan for a parking/circulator concept. All in favor. r-\ 2. Approval of Housing Assistance Plan for Livable Communities Act. Mr. Russell presented a draft Housing Assistance Plan. He explained a plan must be submitted to the Metropolitan Council for compliance with the Livable Communities Act requirements and to qualify for a tax base revitalization grant. He stated the plan will be further reviewed by the Planning Commission at their June meeting. Motion by Councilmember Cummings, seconded by Councilrnember Thole approving the draft Housing Assistance Plan for submittal to the Metropolitan Council. All in favor. UNFINISHED BUSINESS (Continued) 5. Ed Cain, Legislative Associates - Stillwater Levee and Flood Control Project Mr. Cain presented information regarding costs and options of the Stillwater Levee Project. He reported bids were opened May 23. He reported that the allocation offederal funds required a Council decision on construction phasing. Motion by Councilrnember Thole, seconded by Councilmember Zoller to approve Option 2 for Stillwater Levee Project, approving construction of Stage 1 A & B without amenities, contributing approximately $350,000 of easement payments back to the project, with unused portions of the contingency set-aside or anticipated additional engineering and design cost used (\ 5 ,,-..... r (> ~ Stillwater City Council Minutes Recessed Meeting June 4, 1996 toward project amenities, and initiating action for an appraisal of the affected property. All in favor. Motion by Councilrnember Thole, seconded by Councilmember Zoller to adopt the appropriate resolution approving use of funds for Levee Wall Project. (Resolution 96-141) Ayes- Councilrnembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None (Council recessed at 10:00 p.m. and reconvened at 10:10 p.m.) NEW BUSINESS (Continued) 3. Request from Downtown Parking Commission for purchase of two bicycle racks for downtown. Mr. Russell presented a request for purchase of two bicycle racks for downtown area at approximate retail cost of $350 each. Motion by Councilrnember Cummings, seconded by Councilmember Thole to approve the request of the Downtown Parking Commission for purchase of two bicycle racks for the downtown area at approximate retail cost of $350 each. All in favor. UNFINISHED BUSINESS (Continued) 6. Possible second reading of ordinance amending fee schedule for mechanical inspections. Motion by Councilmember Thole, seconded by Councilrnember Bealka to table to June 18 the possible second reading of an ordinance amending the fee schedule for mechanical inspections. All in favor. 7. Update: Cost of implementation ofIntemet Task Force recommendations Mr. Kriesel presented a proposed budget for developing a City presence on the Internet. Motion by Councilmember Cummings, seconded by Councilmember Bealka to approve the Internet internship program and related work. All in favor. 6 ~ Stillwater City Council Minutes Recessed Meeting June 4, 1996 8. Water Use Permits Mr. Kriesel reported Washington County Sheri:ll's Office is attempting to establish a county- wide public hearing procedure, conducted by the jurisdiction in which the body of water is located, allowing the jurisdiction and residents to be informed of the proposed activity and have input into the issuance of a permit. The hearings would be conducted by Washington County Sheriff personnel. Motion by Councilmember Bealka, seconded by Councilrnember Thole to direct staff to prepare permit application process for water related activity in coordination with Washington County Sheri:ll's Department. All in favor. NEW BUSINESS (Continued) 4. Approval of new on-sale wine and 3.2% malt liquor license - Stillwater Grill. '" City Clerk Weldon presented a request from Sandra Hudson for an on-sale wine and 3.2% malt liquor license for the Stillwater Grill, 131 South Main Street, which is expected to open approximately August 1, 1996. Approval should be contingent upon final inspection of premises by Fire Chief and Building Official, and meeting of all requirements for issuance of licenses. Motion by Councilrnember Thole, seconded by Councilmember Cummings to adopt the appropriate resolution approving new on-sale wine and 3.2% malt liquor license to Sandra Hudson, Stillwater Grill, as conditioned. (Resolution 96-142) Ayes- Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 5. Proposed Amendments to Browns Creek Watershed Management Organization Joint Powers Agreement. City Engineer Eckles presented proposed amendments to BCWMO Joint Powers Agreement which include changes mandated by the Board of Water and Soil Resources and also provides the WMO with many of the same powers as a watershed district, including taxing authority for planning and administration, creation of special taxing districts for capital improvements, and, in rare instances, power of eminent domain. Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt the appropriate n 7 .r"\ Stillwater City Council Minutes Recessed Meeting June 4, 1996 resolution adopting the Amended Joint Powers Agreement for Browns' Creek Water Management Organization and authorizing the Mayor to sign the agreement, subject to approval of all other member communities. (Resolution 96-143) Ayes- Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 6. Request for assessment abatement Mr. Kriesel presented request from owner of plat parcel number 9850-6960 to have a prior year assessment levy abated for LI 285. He stated this person was eligible to defer the assessments in 1994 because of disability. Motion by Councilmember Cummings, seconded by Councilmember Bealka to adopt the appropriate resolution abating assessments for plat parcel number 9850-6960 in the amount of $1161.40 (payable 1995) and directing abatement form be submitted to Washington County. (Resolution 96-144) /""'""'- Ayes- Councilrnembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 7. Possible acquisition of Outlots A of Highlands Fifth and Sixth Additions. Mr. Kriesel reported that Outlots A of Highlands 5th and 6th Additions are available for City acquisition. Motion by Councilrnember Bealka, seconded by Councilrnember Thole to approve City acquisition of Outlots A in Highlands of Stillwater Fifth and Sixth Additions and authorizing staff to sign all necessary documents. All in favor. 8. Award Bid for asbestos removal, City HalllFire Hall Renovation Project. Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt the appropriate resolution accepting the proposal and approving the agreement with Concept Environmental Services for asbestos removal, City HalllFire Hall Renovation Project, for an amount not to exceed $29,979. (Resolution 96-145) Ayes- Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None o 8 "" ",-,. I (' Stillwater City Council Minutes Recessed Meeting June 4, 1996 COMMlJNICA TIONSIREOlJESTS 1. Notification of receipt of Historical Society Grant The Minnesota Historical Society approved a grant of $5000 to the City to be used to survey and evaluate the Sabin District. COlJNCIL REOlJEST ITEMS Councilmember Cummings reported the St. Croix Valley Area Sports Facility Commission has received $200,000 from the Bayport Foundation. ADJOURNMENT Motion by Councilmember Thole, seconded by Councilrnember Zoller to adjourn at 10:50 p.m. All in favor. ~ YOR ATTEST: ~:./~hO~ Cl CLERK Resolutions: No. 96-135 - Directing payment of bills. No. 96-136 - Seasonal Employment ofParkslPublic Works Maintenance Workers. No. 96-137 - Seasonal employment of lifeguards. No. 96-138 - Approving Change Order No. I, City Hall Building Project. No. 96-139 - Designating No Parking on west side of 5th Ave. S. from Burlington to Orleans. No. 96-140 - Revoking kennel license of Nancy Canning at 717 2nd St. S. No. 96-141 - Approving use of funds for Levee Wall Project. No. 96-142 - Approving on-sale wine and malt liquor license for Stillwater Grill. No. 96-143 - Adopting Amended Joint Powers Agreement for BCWMO No. 96-144 - Abating assessments for 9850-6960 No. 96-145 _ Approving agreement with Concept Environmental Services for City Hall asbestos removal. 9 :/'