HomeMy WebLinkAbout1996-08-06 CC MIN
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CITY OF STILLWATER
MINUTES
August 6, 1996
REGULAR MEETING 96-19
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
4:40 p.m.)
Absent: None
Also Present: City Coordinator Kriesel
City Attorney Magnuson
City Engineer Eckles
Chief Beberg
Building Inspector Zepper
Public Works Director Junker
Parks Director Thomsen
Administrative Assistant Cordes
City Clerk Weldon
Press: Julie Kink, The Courier
Mike Marsnik, Stillwater Gazette
1. Community Volunteer Service (CVS)
City Coordinator Kriesel, also a Board Member of CVS, explained City Attorney
Magnuson had been directed by Council at the July 16 meeting to determine if the use of
TIF funds as requested by CVS was permissible by Minnesota Statute.
City Attorney Magnuson presented information on Community Volunteer Service's
request for Tax Increment Assistance in the amount of $125,000 for expansion of the
Senior Community Center located at 2300 W. Orleans Street. He reported the
expenditure of funds generated by this Tax Increment Financing District would be
permissible under Minnesota Statutes. H also reported the Finance Director informed
him the amount requested by CVS for this purpose would be available in the year 1997.
Motion by Councilrnember Bealka, seconded by Councilmember Cummings to adopt the
appropriate resolution approving the expenditure of$125,OOO ofTIF funds for expansion of the
Senior Community Center located at 2300 W. Orleans Street. (Resolution 96-193)
Ayes - Councilrnembers Bealka, Cummings, Zoller and Mayor Kimble
Nays - None
Abstain - Thole (member ofCVS Board)
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STAFF REPORTS
I. Police Chief -
Chief Beberg presented request from Wolf Marine and letters of support from neighbors,
to post "No Parking" signs on both sides of Alder Street between Highway 95 and Lake
Street due to safety concerns.
Motion by Councilrnember Thole, seconded by Councilrnember Zoller to approve the
appropriate resolution designating both sides of Alder Street between Highway 95 and Lake
Street as "No Parking". (Resolution 96-194)
Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays - None
He also reported the Fire and Police Departments have reviewed three requests for temporary
street closings for "Block Parties" and recommend approval.
Motion by Councilrnember Zoller, seconded by Councilrnember Thole approving requests for
temporary blocking of streets for three neighborhood block parties. All in favor.
He also requested authorization to promote Jeffrey Stender to investigator and authorization
to purchase a squad car for the juvenile officer. (see consent agenda)
He reported on Lumberjack Days police activity and stated officers put in 416.5 hours of
overtime for $10,211 out of the overtime budget (not including equipment or use of explorer
scouts.
2. Parks & Recreation
Park Director Thomsen, presented information regarding the development of a disc
(frisbee) golf course on land adjacent to McKusick Lake Road, west of Neal Avenue. He
reported Councilrnember Cummings and others interested in developing the course met
with City Coordinator Kriesel, Planner Fitzgerald, and Park Director Thomsen. He
requested Council direction.
Motion by Councilrnember Cummings, seconded by Councilrnember Thole authorizing purchase
of disc golf equipment and directing staff to proceed with necessary work for development of
Disc Golf Course on land adjacent to McKusick Lake Road, west of Neal Avenue. All in
favor.
3. City En~ineer
City Engineer Eckles presented updates on progress of following projects: Pine Street,
Croixwood area streets, and levee wall.
Motion by Councilrnember Cummings, seconded by Councilrnember Bealka directing city-
owned property on Northland Drive near Northland Park be added to the 1995 Sidewalk Project.
All in favor.
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2. Worksho.p: United Waste. Solid Waste Contractor
Representatives of United Waste discussed rates and related issues with Council.
Motion by Councilrnember Cummings, seconded by Councilmember Thole directing staff to
negotiate with United Waste to amend agreement to provide for rate change, appliance pickup
change, and to obtain indemnification clause. All in favor.
Motion by Councilrnember Thole, seconded by Councilmember Zoller to recess at 6:05
p.m.
Attest: ---Lrf1-~ 1.1 )I.P~
City Clerk
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STILLWATER CITY COUNCIL
MINUTES
August 6. 1996
Regular Meeting 96-19
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
City Engineer Eckles
City Planner Fitzgerald
Consulting Engineer Hahn
Consulting Engineer D. Moore
City Clerk Weldon
Press: Julie Kink, The Courier
Mike Marsnik, Stillwater Gazette
APPROVAL OF MINUTES -
Mayor Kimble requested minutes be corrected to indicate he was absent for vote to increase
pension benefit for Fire Relief Association.
Motion by Councilmember Thole, seconded by Councilmember Bealka to approve the minutes
of the July 16, 1996 Special and Regular Meeting as amended. All in favor.
PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS
Mayor Kimble thanked the following for their contributions to Lumbe1jack Days: Andy Kass,
Gordy Jarvis, John Warling, Scotty Wild, Carl Sletten, Lisa Taibi, Kelly Christopherson, Craig
Junkermeier, John Marzitelli, Cindy Fitzpatrick, Dave Ahlgren, Nick Modders, Dick Schmidt,
Paul Westmoreland, Margene Westmoreland, Phil Eastwood, Rick Schneider, Mary Lou Gorski,
Tom Delahunt, Linda Bernham, Dave Swanson, Jim Menard, Tom Carlson, Joe Reding, Mark
Graven, Jim Changler, Marsha Henzler, Brian Stevenson, Pat Stevenson, Beth Stevenson, Mark
Lombardi, Claudia Haglegans, Don Benacyzk, Phyllis Peterson, Knights of Columbus, St. Croix
Hockey Association, Stillwater Chevals, Star ofIndiana, Scott "Cutter" Junker, Ron Fredcove,
Ray Stevens, Ray Sayers, Kathy Hicks, Larry Carlson, Dawn Tunison, Bill Tunison, Jamie
Kimble, Justine LaMont, Randy Gutzmann, Adam Bliss, Eric Ellingsworth, Tyler Eckberg, Stacy
Eckberg, Lynn Daly, and organizers Dave Eckberg, Todd Weiss, John Daly.
CONSENT AGENDA.
1. Directing Payment of Bills, Resolution 96-187.
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Contractors Licenses - Renewals: Myron's Construction; Budget Lumber and
Construction; Aqua Mates, swimming pool installers (renewal)
Peddlers License: Alberto Martinez
Appointing Election judges and fixing compensation for 1996 Primary and General
Elections, Resolution 96-188.
Purchase of unmarked squad car for investigator, Resolution 96-189.
Promotion of Jeffrey Stender to Investigator, Resolution 96-190.
Purchase ofplantings and equipment for Benson Park
Accepting Work and approving final payment to Shield Construction, L.I 305, Pines
Hills, and L.I. 308, Kutz Addition. (Resolution 96-191)
Approving special law (Chapter 270) granting additional liquor license for downtown
hotel (Resolution 96-192)
Motion by Councilrnember Thole, seconded by Councilmember Cummings approving consent
agenda. All in favor.
PUBLIC HEARINGS
1. Case No. 96-44. This is the day and time for the public hearing to consider a request to vacate
a portion of East School Street along the south side of East School Street east of North Third
Street. Dorothy Thueson, applicant. Notice of the hearing was placed in the Stillwater
Gazette on July 26, 1996, and notices mailed to affected property owners.
City Planner Fitzgerald presented the Planning Commission review of the request. The
Planning Commission recommended approval on July 8, stating it will not affect the
scheduled paving of East School Street and no public utilities are located within the
street. She explained the request was made because, when the house was built in the
1920's, part of the lawn and a fence were built on the street.
Mayor opened public hearing
There were no requests to speak.
Mayor closed public hearing.
Motion by Councilrnember Thole, seconded by Councilrnember Zoller to adopt the appropriate
resolution approving street vacation of a portion of East School Street along the south side of
East School Street east of North Third Street. (Resolution 96-195)
Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays - None
2. Case No. SUB/96-45. This is the day and time for the public hearing to consider a request for
a minor subdivision of 52,894 square feet into a 15,666 square foot parcel and 37,178 square
foot parcel at 450 North Main Street (Staples Mill) in the CBD, Central Business Park
District. Kellison Company, applicant. Notice of the hearing was placed in the Stillwater
Gazette on July 26, 1996, and notices mailed to affected property owners.
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Ms. Fitzgerald reported on the Planning Commission review of the request to subdivide
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for the purpose of separating the Staples Mill Building and the new ABS building. The
Commission found the subdivision meets the development regulations of the zoning and
subdivision ordinances and recommended approval on July 8, 1996.
Magnuson reported this separation was needed to meet TIF requirements and was
requested at staff recommendation.
The Mayor opened the public hearing.
There were no requests to speak.
The Mayor closed the public hearing.
Motion by Councilrnember Cummings, seconded by Councilmember Thole to adopt the
appropriate resolution approving the minor subdivision of 52,894 square feet into a 15,666
square foot parcel and 37,178 square foot parcel at 450 North Main Street (Staples Mill) in the
CBD. (Resolution 96-196)
Ayes - Councilrnember Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays - None.
UNFINISHED BUSINESS
1. Lonll Lake Pha.e I Stuc\y
Jeff Davis, SEH, presented the report to Council. The study concluded that there is
danger of flooding, even under present conditions. A Phase II study would be necessary
to exantine future conditions from proposed development and propose possible remedies.
City Engineer Eckles reported that, given the importance of addressing flooding issues in
Long Lake, staff recommended commencement of Phase II Long Lake Study for a cost
not to exceed $20,000.
Motion by Councilrnember Bealka, seconded by Councilrnember Thole to adopt the appropriate
resolution receiving Long Lake Phase I Study, and authorizing preparation of Phase II Long
Lake Study for a cost not to exceed $20,000. (Resolution 96-198)
Ayes - Councilrnember Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays - None.
Recess at 8 p.m. Reconvened at 8:10 p.m.
2. Resettin~ public hearinl! date for sale of city-owned property for Sc:pt. 3. 1996.
Mr. Magnuson reported that due to notification requirements, the public hearing date for
the possible sale of city-owned land, originally scheduled for August 6, should be reset
for September 3,1996.
Motion by Councilrnember Thole, seconded by Councilrnember Zoller resetting public hearing
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for possible sale of city-owned land between the UBC site and Third Street for September 3,
1996. All in favor.
3. Possible second readi"ll of ordinance rellu!atini pawn sho.ps.
Mr. Magnuson reported on recently enacted State law entitled "The Pawnbroker
Regulation Act". He recommended the second reading be postponed until meetings are
held with City staff regarding the impact of the Pawnbroker Regulation Act. No action
taken
4. Reouest for reconsideration of driveway license revocation (continued from July 16 meetin'1t
Mr. Magnuson reported a request had been made by Jeanne Anderson to continue this
issue.
Motion by Councilrnember Thole, seconded by Councilmember Bealka to continue indefmitely
the reconsideration of driveway license revocation. All in favor.
NEW BlJSINESS
I. PrOJ1Osed Cost Sharini and Maintenance Al!reement for Industrial Park Pondin~ Area.
Mr. Eckles presented letter from EFH Company, contractor for the Midwest Spinal Clinic
being constructed on Curve Crest next to Schoonover Body Works site, requesting cost
sharing by Lakeview Hospital and the City for construction of a regional ponding area.
The City is currently the property owner of the proposed site of Colonial Craft, which
would benefit from this project.
Mr. Eckles reported the City has been working with EFH Company and Lakeview
Hospital to develop a regional ponding area to serve the 20-acre undeveloped land in the
area.
Motion by Councilrnember Bealka, seconded by Councilmember Zoller to direct staff to prepare
the necessary agreements to complete the proposed cost sharing and maintenance agreement for
Industrial Park Ponding Area. All in favor.
2. Decertification ofTIF Districts 2 and 5.
Ms. Deblon reported District #2 has been inactive for several years and District #5 would
expire on it's own with Payable 1999 property taxes. She recommended decertifying TIF
District #2 and TIF District #5 with Payable 1997 property taxes.
Motion by Councilmember Thole, seconded by Councilrnember Cummings to adopt the
appropriate resolution Defeasing Tax Increment Financing District No.2 (Nelle Project) and Tax
Increment Financing District No.5 (Brick Pond Project) (Resolution 96- 197)
Ayes - Councilrnembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
Nays - None
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3. Authorizini filin~ of Orderly Annexation AlP'eement with Minnesota Municipal Board and
pl\Yffient of $400 filin~ fee.
Motion by Councilrnember Thole, seconded by Councilmembers Zoller to adopt the appropriate
resolution approving the filing of an Orderly Annexation Agreement between the City of
Stillwater and the Town of Stillwater and payment of filing fee. (Resolution 96-199)
Ayes - Councilrnember Bealka, Cummings, Thole, Zoller and Mayor Kimble
Nays - None
4. AJlProvinll closinll documents with Tel on Mlij)le Island purchase and related transactions.
Mr. Magnuson presented a copy ora development agreement in draft form. He also
reported that, based on Kriesel's opinion that it would be more cost effective for the City
to allow Tax Increment District No. 7 an advance from other City funds for a limited
time, he had prepared a resolution that would authorize this advance and allow for the
closing. (Resolution 96-200)
Motion by Councilrnember Zoller, seconded by Councilrnember Cummings to adopt the
appropriate resolution authorizing an advancement from other City funds to Tax Increment
Financing District No.7.
Ayes - Councilrnember Cummings, Thole, Zoller and Mayor Kimble.
Nays - Councilrnember Bealka
5. Appointini Richard Allen as Assistant City Attorney.
Mr. Magnuson reported Richard Allen is now employed at the office of the City Attorney
and requested Mr. Allen be appointed as Assistant Stillwater City Attorney, effective
August 12, 1996. (Resolution 96-201)
Motion by Councilrnember Thole, seconded by Councilrnember Bealka to adopt the appropriate
resolution appointing Richard Allen as Assistant City Attorney.
Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
6. Possible first readin~ of ordinance amendini Council salaries.
Motion by Councilrnember Thole, seconded by Councilmember Bealka first reading of an
ordinance amending the salaries of the members of the City Council. 4-1 (Zoller nay)
7. ReQJlest to purcha.c;e plllY eQJIipment and picnic table/shelters for Anez Ridlle Park.
City Planner Fitzgerald requested the purchase of play equipment, picnic shelters, tables
and trash receptacles for Anez Ridge Park for an approximate cost of $30,000 from T.I.F.
funding.
Motion by Councilrnember Cummings, seconded by Councilrnember Thole approving the
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purchase of play equipment, picnic shelters, tables and trash receptacles for Anez Ridge Park.
All in favor.
8. RCQIlest to pursue developin'1 Disc Golf course (McKlL~icklNeal park area).
See Staff reports - Park Director
9. Rt;:port: Downtown district decorative lillhtini\.
Fitzgerald presented update on downtown district decorative lighting. She stated a
sample of the proposed fixture has been installed and the City of Stillwater Chamber of
Commerce is requesting public comments and will be presenting a proposal to Council on
August 20. She also reported the decorative lights will not be replacing existing lights.
No action necessary.
10. Approval of TemporllQ' Permit CRillht of Enn:y,) to Construct - MnDOT. St. Croix River
Bridlle Crossinll
Magnuson reported this permit granting right-of-entry and permission to construct was
required to allow MNDOT to enter City-owned property located on that part of Govt. Lot
5, sec. 34 Twp 30 R.20. for the purpose of construction of the St. Croix River Bridge
project. (Resolution 96-202)
Motion by Councilrnember Thole, seconded by Councilmember Bealka to adopt the appropriate
resolution approving Temporary Permit (right of entry) to Construct to MNDOT for St. Croix
River Bridge Crossing project.
Ayes - Councilrnembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
Nays - None
Abstain - Councilrnember Zoller (MNDOT employee)
PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS (continued)
COMMUNICA TIONSIREOUESTS
1. David Ghere - Request for funding for collaborative educationlhistory proposal.
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A letter was received from David Ghere, University of Minnesota, explaining he was not
able to secure a grant from the Minnesota Historical Society or University of Minnesota
for a local history project documenting the local history of the bridge construction area in
Oak Park Heights (Council had provided a letter of support for the application of grant
monies for this project). He requested the City of Stillwater provide $500 for
compensation to Mr. Ghere.
Motion by Councilrnember Bealka, seconded by Councilrnember Thole authorizing payment of
$500 to David Ghere, University of Minnesota, for local history project documenting the history
ofSt. Croix River Bridge crossing area. All in favor.
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2. Requests to block streets for neighborhood , block parties:
a) Lauren Radner; b) Kris and Jerry Wallerich c) Rich & Anne Hkka'
See staff reports - Police Chief
3. Barbara O'Neal, Mayor of Oak Park Heights - invitation to meeting regarding community
center.
No action necessary
COlJNCIL REOUEST ITEMS
Councilrnember Zoller requested. staff contact legislators to request state funds and grants for
retaining wall and relocation of historical marker at territorial prison site.
Ed Cain, Legislative Assoc., reported he had already contacted Representative Holsten and
Senator Laidig and asked Council direction for further action.
Council requested Cain return September 3rd with resolution requesting legislative support for
funding for retaining wall and historical marker at territorial prison site.
STAFF REPORTS (continued)
City Coordinator Kriesel requested Council set dates for budget workshops, canvassing
of elections, and rescheduling of the first Council meeting of November (regular meeting
date would fall on Nov. 5, election day)
Motion by Councilrnember Thole, seconded by Councilrnember Zoller setting budget workshops
for the following dates: August 20 and August 27 at 4:30 p.m. All in favor.
Motion by Councilrnember Thole, seconded by Councilmember Zoller setting canvass of
primary election for Wednesday, September 11 at 7:30 a.m. All in favor
Motion by Councilrnember Thole, seconded by Councilrnember Zoller setting canvass of general
election for Wednesday, November 6 at 7:30 a.m. All in favor
Motion by Councilmember Thole, seconded by Councilmember Zoller rescheduling Nov. 5,
1996, Council meeting for October 29, 1996, at 4:30 p.m. All in favor.
Mr. Kriesel informed Council of the need to employ someone to maintain boilers,
perform security checks and inspect fire sprinkler systems when the City takes possession
of the territorial prison site. He reported Gil Jansen, who presently performs these duties
for Maple Island, is willing to continue in the same capacity for the City.
Motion by Councilrnember Thole, seconded by Councilrnember Zoller approving concept of a
maintenance/security agreement for territorial prison site with Mr. Oil Jansen. 4-1 (Bealka nay)
Mr. Kriesel presented request for reduction of assessment on tax forfeit property to
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correct calculation as corner lot.
Motion by Councilrnember Bealka, seconded by Councilmember Cummings reducing
assessment balance on Parcel #9305-2220 to $520.62. All in favor.
Mr. Kriesel suggested renewal of ice arena operations agreement for 1996-97 be
considered at the Sept 3 meeting.
Mr. Kriesel reported a storm water utility late payment fee of $1 0 was included for the
first time in the last utility billing. He stated the public felt there was insufficient
notification and he requested all penalties be waived for this quarter.
Motion by Councilrnember Thole, seconded by Bealka waiving and suspending late payment
fees for utility bills and directing City Attorney to prepare an ordinance relating to late payment
fees for all utilities. All in favor.
ADJOlJRNMENT Motion by Councilrnember Thole, seconded by Councilmember Zoller to
adjourn at 9:05 p.m. All in favor
Resolutions:
Resolution 96-187: Directing Payment of Bills
Resolution 96-188: Appointing Election judges and fixing compensation for 1996 Primary and
General Elections
Resolution 96-189: Purchase of unmarked squad car for investigator
Resolution 96-190: Employment of Jeffrey Stender as Investigator.
Resolution 96-191: Accepting Work and approving fmal payment to Shield Construction, L.I
305, Pines Hills, and L.I. 308, Kutz Addition.
Resolution 96-192: Approving special law (Chapter 270) granting additional liquor license for
downtown hotel
Resolution 96-193: Approving expenditure of $125,000 ofTIF funds for expansion of the
Senior Community Center located at 2300 W. Orleans Street.
Resolution 96-194: Designating both sides of Alder Street between Highway 95 and Lake Street
as "No Parking".
Resolution 96-195: Approving street vacation of portion of East School Street along the south
side of East School Street east of North Third Street.
Resolution 96-196: Approving minor subdivision at 450 North Main Street. Case SUB/96-45.
Resolution 96-197: Defeasing Tax Increment Financing District No.2 (Nelle Project) and Tax
Increment Financing District No.5 (Brick Pond Project).
Resolution 96-198: Receiving Long Lake Phase I Study, and authorizing preparation of Phase II
Long Lake Study for a cost not to exceed $20,000.
Attest:' rr;A-Jl J.j U ~~
City Clerk
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