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Home My WebLink About1996-07-16 CC MIN ., ~ ('\ r . CITY OF STILL WATER MINUTES July 16, 1996 REGULAR MEETING 96-18 4:30 P.M. The Meeting was called to order by Acting Mayor Zoller Present: Councilrnembers Bealka, Cummings, Thole, Zoller and Mayor Kimble (arrived at 4:50 p.m.) Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson City Engineer Eckles Finance Director Deblon Community Development Director Russell Fire Chief Ness Captain Bell City ClerkWeldon Others: Ed Cain, Legislative Associates Press: Julie Kink, The Courier Mike Marsnik. Stillwater Gazette STAFF REPORTS - see end ofmeetin'1 1. Jeff Cutler. Fire Relief Assoc. - Request to increase pension benefit. Chief Ness and Tim Bell presented request, explaining no contribution was required from the city for the increase in benefits. Motion by Councilrnember Thole, seconded by Councilmember Bealka approving increase in pension benefits for Fire Relief Association from $2,600 to $2,800 per year of service. (Resolution 96-177) Ayes - Councilrnembers Bealka, Cummings, Thole and Zoller. Nays - none. Mayor Kimble (absent) Mayor Kimble received a request from Dave Swanson, American Legion, and from Ed Cain, Legislative Associates, to address Council at this time. 2. Dave Swanson. American Le:aion. Mr. Swanson reported all but 9 of the American flags installed last year in the downtown area have been destroyed/vandalized. He stated the flags will not be replaced. No action required. 3. Ed Cain. Lel!islative Associates. Mr. Cain recommended Council choose between repairing a portion of the existing wall or requesting all new construction. He requested 1 Council direction. C' Motion by Councilrnember Thole, seconded by Councilrnember Zoller directing letter be sent to Army Corp of Engineers requesting all new construction be used on the Stillwater Levee Wall. All in favor. 3. Washinllton County HRA James Helzer, Executive Director of Washington County HRA, requested the expenditure of $ 100,000 of funds from TIF District #3 in support of the Washington County HRA refinancing for various housing projects. Motion by Councilrnember Bealka, seconded by Councilrnember Thole to adopt the appropriate Resolution approving expenditure of $1 00,000 of funds from TIF District #3 in support of the Washington County HRA refinancing for various housing projects. (Resolution 96-176) Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 4. ISD #834 - RCQJlCst to beiin Conditional Use Permit Process (' Peter Smith, BWBR Architects, representing ISD #834, presented a letter from Daniel Parker, Business Manager for the school district, requesting authorization to begin the conditional use process with the Planning Commission on August 12, 1996; and requesting to work jointly to meet approval of both Stillwater Township Board and City Council; and requesting staff be authorized to prepare development agreement. Motion by Councilrnember Zoller, seconded by Councilrnember Thole directing staff to work with ISD #834 to begin the conditional use process and prepare a development agreement for the new elementary school, contingent upon approval by Stillwater Township Board. All in favor. 5. Presentation of Comprehensive Annual Financial Rt;pOrt - Chuck Theil. McGladrey & Pullen Chuck Theil and Rick McMann, McGladrey & Pullen presented the Comprehensive Annual Financial Report for the year ended December 31, 1995. Motion by Councilrnember Thole, seconded by Councilrnember Cummings approving Comprehensive Annual Financial Report for the year ended December 31, 1995. All in favor. RECESS Motion by Councilrnember Cummings, seconded by Councilrnem p.m. All in favor. C ATTEST: City Clerk 2 r r C' STILLWATER CITY COUNCIL MINUTES July 16, 1996 REGULAR MEETING 96-18 7:00 P.M. The Meeting was called to order by Mayor Kimble. 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 Community Development Director Russell Consulting Engineer Moore Consulting Engineer Hahn Joel Schilling, SEH City Clerk Weldon Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette APPROVAL OF MINlJTES - Mayor informed Council of the following correction to motion for adjoumment: after "to discuss", insert "labor relations issues". Motion by Councilrnember Cummings, seconded by Councilrnember Bealka to approve the minutes of the July 2, 1996 Regular and Recessed Meeting as amended. All in favor. PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS I. Trinity Lutheran Church - Donation to City Reverend Nadeau and Lisa Moriarity presented $1,250 to the City in celebration of the 125 year anniversary of Trinity Lutheran Church. Mayor Kimble accepted the donation on behalf of the City. 2. Stillwater Sunrise Rotary - Contrihution to D.A.R.E. prollfaID Jane Stillman, president of the Stillwater Sunrise Rotary Club, presented $2,500 to the DAR.E. program. Officers Tim Bell, Leslie Wardell, and Jeff Magler accepted the donation on behalf of the City and thanked the Rotary Club for both the donation and 3 (' (" c assistance with special events. 3. John PllQJ1Ctte - Sunrise Park concerns and visions John Paquette, 855 Sunrise Avenue, expressed concerns with the condition and misuse of Sunrise Park. He requested Council consider parks a priority and provide staff with necessary resources. 4. SteCQlletown Assoc.. Dorothy Stack - Nuisance colllPlaint Dorothy Stack, representing the Steepletown Association and Brian Michaels, President of the Steepletown Condominum Association, Myrtle and 3rd, expressed concern about excessive nuisance ordinance violations at 115 and 117 Myrtle Street. Motion by Councilrnember Thole, seconded by Councilrnember Zoller directing City Attorney to coordinate with the Police Department and property owners to take appropriate action to enforce nuisance ordinance compliance at properties located at 115 and 117 Myrtle Street. All in favor. CONSENT AGENDA. Thole requested authorization to submit claim to insurance carrier be added to consent agenda. Motion by Councilrnember Thole, seconded by Councilrnember Bealka approving consent agenda as amended: (All in favor) 1. Directing Payment of Bills, Resolution 96-170. 2. Part-time Employment of Charles Ratledge - Parks Department, Resolution 96-171. 3. Authorizing execution of grant agreement for Safe & Sober Communities project, Resolution 96-172 4. Approving rate increase for employee hospital/medical insurance, Resolution 96-173. 5. Approving Change Orders 8 and 10, City Hall Building Project, Resolution 96-174. 6. Contractors License - Graley Concrete Construction, Inc., Masonry and Brickwork (new); Rumpca Sewer and Water, Inc., Excavator (new) 7. Cigarette License - I Tre Pazzi, Brent Chase, applicant, Resolution 96-175. 8. Temporary 3.2% on-sale license: N.A.F.A. Fast Pitch Assoc. youth softball fundraiser 9. Peddlers Licenses (2) David Kalinoff UNFINISHED BlJSINESS 1. Territorial Prison site (Continued from Julv 2) John Lang, Territorial Coalition, Inc. (TCI) summarized the project proposal. Mr. Clyde Guinn, Regional Vice President, Radisson Hotel Corporation, reported Radisson Hotels International, Inc., has entered into a License Agreement with TCI and is interested in negotiating a management agreement with the ownership. Jim Kellison presented letter from Senator Gary Laidig in support of the project. Brad Banche, Rivertown Restoration, presented signatures of support for the project. Kriesel noted other letters of support had been received and were included in the Council 4 information packet. City staff presented financial and legal information regarding the renovation project. o Motion by Councilmember Cummings, seconded by Councilrnember Zoller authorizing the City to purchase the territorial prison site for future development of hotel and directing staff to prepare purchase agreement. Ayes - Councilrnembers Zoller, Cummings and Mayor Kimble Nays - Councilrnembers Bealka and Thole (Recess at 8:25 p.m. Reconvene at 8:45 p.m.) 2. Presentation for lWproval of Pioneer Park Master Plan Amy Stefan, StefanlLarson Associates, presented the final master plan for Council approval. Motion by Councilrnember Cummings, seconded by Councilrnember Thole accepting the . Pioneer Park Master Plan. All in favor. 3. FinalllPDmval ofresubdivision of 117.771 sQ foot lot into two lot~ of 50.000 sQ foot and 67.711 sQ. foot lots in the Business Park Industrial District. BP-r. Stillwater Dental Associates. a,pplicant. Cac;e SUB/96-29 (Continued from July Z) r Community Development Director Russell reviewed the subdivision request. He recommended approval be contingent upon three conditions: 1) cross easements, covenants, conditions and restrictions and conservation easements are in a form acceptable to the City Attorney; 2) the assessments on the property shall be paid in full before recording of the lot split; and 3) drainage and utility easements for the property will be recorded before building permits are issued for site development. Motion by Councilrnember Thole, seconded by Councilmember Bealka approving resubdivision of 117,711 square foot lot into two lots of 50,000 sq. ft. and 67,711 sq. ft., located at 1375 Curve Crest Blvd., subject to conditions. (Case No. SUB/96-29) (Resolution 96-178) Ayes - Councilrnembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 4. Request for reconsideration of drivewl\Y license revocation Mr. Magnuson reported request from Jeanne Anderson, Jeanne M. Anderson & Associates, L TO, requesting this issue be tabled to next meeting. c Motion by Councilrnember Cummings, seconded by Councilmember Thole to continue consideration of request for revocation of driveway license to August 6, 1996, meeting. All in favor. 5. ReQJ1est for preliminlllY plat lUlPmval for 31 lot subdivision on 15.22 acres. located south of 5 B~ben:y Ave. Court in the RA-Sinllle Familv Residential District. Trail Head Develo.pment.l\Pplicant. Case No. SUB/96-31 (Continued from July ~) (' Russell reported the city's and developer's engineers and planners had met and reviewed three alternative plans -- IB, 2, and 3, in addition to the originally proposed IA. City Attorney Magnuson stated an Environmental Assessment Worksheet (EA W) was not required for this size project. Motion by Councilrnember Cummings, seconded by Councilrnember Zoller to adopt the appropriate Resolution determining not to proceed with Environmental Assessment Worksheet and directing City Attorney to prepare fmdings off act consistent with Council decision. (Resolution 96-179) Ayes - Councilrnembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None Motion by Councilrnember Thole, seconded by Councilrnember Cummings to adopt the appropriate Resolution approving preliminary plat, Option I B, for 31 lot subdivision on 15.22 acres, located south of Bayberry Ave. Court in the RA-Single Family Residential District. Trail Head Development, applicant. Case No. SUB/96-31. (Resolution 96-180) Ayes - Councilrnembers Bealka, Cummings and Thole Nays - Councilrnember Zoller and Mayor Kimble r Motion by Councilrnember Thole, seconded by Councilrnember Cummings direct staff to work with developer to prepare development agreement. All in favor. 6. ReQJlest for street vacation for all that portion ofInterlachen Drive between Crestwood Terrace and proposed Interlachen W~. Trail Head Development CoJ;p.. applicant. Case SV/96-30 (Continued from July 2) Mayor reopened the public hearing (continued from July 2) Speaking in opposition to the street vacation were the following: Lynette Newman, 203 Crestwood Terrace; Larry Forsberg, 204 Maryknoll; Deanna Storbakken, 301 Maryknoll Drive; Gary Storbakken, 301 Maryknoll Drive; Rick Sewall, 210 Maryknoll. Motion by Councilrnember Cummings, seconded by Councilmember Zoller to deny application for street vacation for portion ofInterlachen Way (Case SV /96-30). All in favor. Motion by Councilrnember Zoller, seconded by Councilrnember Cummings directing City Engineer to do traffic counts on Maryknoll, Deer Path, Brick, Oakridge, and Crestwood Terrace. 3-2 (Thole and Bealka nays) (" 7. Req)lest for Lily Lake feasibility stulty City Engineer Eckles presented update on the Lily Lake water quality and meetings with 6 neighborhood group. Bill Fierke, Gary Warren, and Del Peterson, neighborhood group members, were present and encouraged proceeding with Phase II. ~ Joel Schilling, SEH, presented proposal for Phase II of the Lily Lake Feasibility Study, for an estimated cost of $9,630. Motion by Councilmember Bealka, seconded by Councilrnember Thole authorizing SEH to prepare Phase II of the Lily Lake Feasibility Study. All in favor. 8. Receivin~ ~rt. proposed elementaJy school utilities City Engineer Eckles reported the feasibility study ordered by Council on May 21 for temporary sanitary sewer and potable water service to the proposed elementary school (report requested by ISD #834, at school district cost) was completed. He stated the next step would be to have additional discussions with the school district to determine if the school district wanted to proceed. Consulting Engineer Hahn summarized the study. Motion by Councilrnember Thole, seconded by Councilrnember Bealka receiving report for temporary sanitary sewer and potable water service to proposed elementary school. All in favor. 9. Planninll Commission re!ij)Onse to reQJ1est for liquor license in Market Place develo.pment r- Russell reported the Planning Commission had reviewed the request of John Nelson, Jr., New City Commercial Properties, Incorporated, to include a referendum question on the November ballot to allow City to issue up to three (3) liquor licenses for the Market Place area. (Council referred request to Planning Commission for recommendation) He stated the Planning Commission recommended denial on the basis that the downtown area should remain the center for that type of activity. Motion by Councilrnember Bealka, seconded by Councilrnember Zoller concurring with the recommendation of Planning Commission and denying request for placement of referendum question on November ballot allowing City to issue up to three additional liquor licenses for Market Place development. 3-2 (Cummings, Kimble nays) NEW BlJSINESS 1. Reauest for elISI'1Tlent vacation. Peter Cote City Attorney Magnuson explained the request for an easement modification to allow for construction of garage at 322 Grove Street. (' Motion by Councilrnember Bealka, seconded by Councilmember Thole approving modification of street vacation, subject to NSP moving lines. (Resolution 96-181) Ayes: Councilrnembers Bealka, Cummings, Thole, Zoller and Mayor Kimble 7 Nays: None r 2. Possihle first rp.Hrlin(i of ordinance ree:ulatin(i pawn sho.ps Motion by Councilrnember Thole, seconded by Councilmember Cummings to have the first reading of Ordinance No. 825, regulating pawn shops. All in favor. 3. Aca:ptini pro.posal for storm manhole repair on S. Broadwl\Y City Engineer Eckles reported two quotes were received for the repair of an existing storm water manhole * the top of the main street steps. He recommended accepting the low quote of Jay Brothers, Incl:. (Resolution 96-185) Motion by Counciijnember Cummings, seconded by Councilrnember Zoller accepting proposal of Jay Bros., Inc., tPr repair of storm water manhole on South Broadway at cost of$18,300. Ayes: Councilrnenilbers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 4. Approvini Fire t;::ontracts with townships (' City Coordinator Kriesel presented information on cost allocation for fire contracts with Stillwater, Grant, and May Townships and recommended contract amounts for the 1996-97 fire contracts be ~ased on actual cost allocation as follows: $77,526 for Grant Township; $45,204 for May Township, and $68,037 for Stillwater Township. (Resolution 96-182) Motion by Councilfiember Thole, seconded by Councilrnember Bealka approving 1996-1997 Fire Contracts with I Stillwater Township, Grant Township, and May Township. Ayes: Councilrnembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None COMMIJNICA TIONSIREOUESTS 1. League ofMinn,sota Cities - Request for funding, Rights of Way Task Force Motion by Council$ember Bealka, seconded by Councilmember Thole authorizing payment of $1,032 to League of Minnesota Cities for Rights of Way Task Force. All in favor. 2. Lori & KerryM\ldon - Requesting classification of Long Lake as recreational lake and continuation ofmotpr use on the lake. No action required. COUNCIL REOm1ST ITEMS Cummings provided informational packet and proposal for disc golf course. No action required. C STAFF REPORTS (continued) 8 ~ City Engineer Eckles requested authorization to enter into a purchase agreement with Rochester Ford Tractor for the purchase of a Ford 655D tractor backhoe at MnDOT bid price of $51,126.39. Motion by Councilrnember Zoller, seconded by Councilrnember Cummings to adopt the appropriate Resolution approving purchase ofFord 655D tractor backhoe from Rochester Ford Tractor. (Resolution 96-186) Ayes: Councilrnembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None City Coordinator Kriesel reported a request for a workshop had been received from United Waste to discuss proposal to reduce fees. Motion by Councilrnember Zoller, seconded by Councilrnember Thole to set workshop with United Waste for August 6 and 4:30 p.m. All in favor. Mr. Kriesel requested Council to authorize final payment to SEH in the amount of 149,000 in final payment for L.I. 257. (Resolution 96-183) Motion by Councilrnember Thole, seconded by Councilmember Cummings approving final payment to SEH for L.I. 257, Downtown Reconstruction project. Ayes: Councilrnembers Bealka, Cummings, Thole, Zoller and Mayor Kimble (' Nays: None City Attorney Magnuson presented information to Council regarding deleting parcels included in TIF District No.1 which are now included in TIF District No.7. (Resolution 96-184) Motion by Councilrnember Thole, seconded by Councilrnember Zoller deleting parcels from TIF District No.1, in order that they be included within TIF District No.7, all located within Development District No.1. Ayes: Councilrnembers Thole, Cummings, Zoller, Bealka and Mayor Kimble Nays: None ADJQ1lRNMENI Motion by Councilmember Bealka, seconded by Councilmember Thole to adjourn at 11 :25 p.m. All in favor. (' Resolutions: Resolution 96- 170: Directing Payment of Bills. Resolution 96-171: Part-time Employment of Charles Ratledge - Parks Department Resolution 96-172: Authorizing execution of grant agreement for Safe & Sober Communities project Resolution 96-173: Approving rate increase for employee hospital/medical insurance Resolution 96-174: Approving Change Orders 8 and 10, City Hall Building Project Resolution 96-175: Cigarette License - I Tre Pazzi, Brent Chase, applicant 9 J . . r (" c ~ . Resolution 96-176: Approving expenditure of $1 00,000 of funds from TIF District #3 in support of the Washington County HRA refinancing for various housing projects. Resolution 96- 177: Approving increase in pension benefits for Fire Relief Association. Resolution 96-178: Approving resubdivision. (Case No. SUB/96-29) Resolution 96-179: Determining not to proceed with Environmental Assessment Worksheet. Resolution 96-180: Approving preliminary plat. Case No. SUB/96-31. Resolution 96-181: Approving modification of street vacation at 320 Grove Street, subject to NSP moving lines. Resolution 96-182: Approving the 1996-97 fire contracts with Grant Township; May Township, Stillwater Township. Resolution 96-183: Approving final payment to SEH for L.I. 257, Downtown Reconstruction project. Resolution 96-184: Deleting parcels from TIF District No.1, in order that they be included within TIF District No.7, all located within Development District No.1. Resolution 96-185: Accepting proposal of Jay Bros., Inc., for repair of storm water manhole on South Broadway. Resolution 96-186: Authorizing purchase ofFord 655D tractor backhoe from Rochester Ford Tractor. ATTEST: ~/L)LL~O~ City Clerk 10