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Home My WebLink About1996-09-03 CC MIN . r r (' STILLWATER CITY COUNCIL MINUTES September 3, 1996 REGULAR MEETING 96-22 4:30 P.M. The Meeting was called to order by Acting Mayor Zoller Present: Councilmembers Cummings, Thole, Zoller and Mayor Kimble (arrived at 4:55 p.m.) Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson City Engineer Eckles Chief Beberg Building Inspector Zepper Community Development Director Russell Finance Director Deblon Public Works Director Junker Fire Chief Ness City Clerk Weldon Press: Julie Kink, The Courier I. Stillwater Area Chamber of Commerce - ReQJ1est for financial assistance Jim Kellison presented request from the Stillwater Area Chamber of Commerce for $10,000 to promote economic development and support tourism. Council determined both the Stillwater Area Chamber and the City of Stillwater Chamber should receive equal contributions. Motion by Councilmember Thole, seconded by Councilmember Cummings directing Finance Director Deblon to include contributions to Area Chamber of Commerce and City of Stillwater Chamber of Commerce in amount of $5000-$7000 each, contingent upon no tax increase. 4-0-1 (Bealka abstain) 2. Report: 1 Jpdated Fiscal ImDact of Annexation- Rob Tautges ofTautges, Redpath & Co., Ltd., presented "Updated Fiscal Impact of Annexation" report. I r r r STAFF REPORTS 1. Fin~nce Director.. Finance Director Deblon stated the adoption of the proposed budget and 1997 tax levy was scheduled for this meeting, but required information had not been received from Washington County. She requested Council set a special meeting date for adoption of 1997 proposed budget and 1997 tax levy. She also requested direction for preparation of fInal budget numbers. Motion by Councilmember Thole, seconded by Councilmember Zoller setting special Council meeting for Wednesday, Sept 11, 1996, at 7:30 a.m. for the purpose of adopting proposed budget and proposed 1997 tax levy and setting date for Truth in Taxation hearings. All in favor. Motion by Councilmember Thole, seconded by Councilmember Bealka directing Finance Director to prepare budget numbers for Option B. All in favor. 2. Police Chief- Beberg presented request (on consent agenda) to purchase unmarked squad car for new investigator. He also reported the City has received state funds for the "Safe and Sober" enforcement project and will therefore be taking part in the program in 1997. 3. Community Development Director- Russell reported he had included in the Council packet for their information a copy of the minutes of the fIrst meeting of the City and Town Joint Board created pursuant to the orderly annexation agreement. 4. City Eniineer- Eckles presented the Flood Hazard Mitigation Grant Agreement with the Department of Natural Resources related to the levee wall project. Motion by Councilmember Thole, seconded by Councilmember Zoller to approve the appropriate resolution approving Flood Hazard Mitigation Grant Agreement with Minnesota Department of Natural Resources and authorizing Mayor and Clerk to sign said Agreement. (Resolution 96-214) Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays - None. 2 r ('. (' 5. Fire Chief- Ness reported Chuck Larson had requested additional space be added to the City Hall project to house an ambulance currently located at Lakeview Hospital. It was determined no space was available to accommodate the request; a change of design would also cause a further reduction of parking area. 6. City Attorney- Motion by Councilmember Cwnmings, seconded by Councilmember Thole directing City Attorney to work with Mark Vierling, attorney for Oak Park Heights, regarding sports facility operations. All in favor. 7. City Coordinator- Kriesel reported on a meeting with River Town Restoration regarding issues related to maintenance, truck traffic, and the future of the Historic Interstate Lift Bridge. He stated staff is working with MnDOT regarding the maintenance, truck traffic, and related issues. Motion by Councilmember Thole, seconded by Councilmember Zoller to recess at 6:05 p.m. Attest: ---L1i A--l #~ 'J /1 ~ City Clerk ,,-,.. ___2- ~/ Acting Ma~r 3 (". r f' STILLWATER CITY COUNCIL MINUTES September 3,1996 Recessed Meeting 96-22 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 Community Development Director Russell City Clerk Weldon Press: Julie Kink, The Courier APPROVAL OF MINUTES - August 20, 1996 Special and Regular Meeting City Coordinator Kriesel requested correction be made to motion under Petitions, Individuals, Delegations - McGarry request, as follows: after seconded by Councilmember Thole, insert "to terminate utility assistance program and"... Motion by Councilmember Thole, seconded by Councilmember Bealka approving minutes of August 20, as amended. 4-0-1 (Cwnmings abstain, absent from meeting). CONSENT AGENDA. 1. Directing Payment of Bills, Resolution No. 96-213. 2. Accepting report from Downtown Parking commission meeting of August 21, 1996. 3. Contractors Licenses: Dakota Fence of Minnesota, Inc.(renewal); M.C. Magney Construction, Inc.; Arbuckle Construction (New) 4. Purchase of unmarked squad car for investigator,Resolution No. 96-215. 5. Hang Banner Sept. 23-0ct. 6, Fall Colors Art Festival, City of Stillwater Chamber of Commerce Motion by Councilmember Cwnmings, seconded by Councilmember Thole approving consent agenda. All in favor. PUBLIC HEARINGS I. Case No. SUB/96-3l. This is the day and time for the public hearing to reconsider a 27 - 30 4 (\ (' r\ lot preliminary plat, Interlachen Hills, Third Addition, in the RA, Single Family Residential District, located east of Interlachen Drive and south ofInterlachen Way. Jim Peterson, Trail Head Development, applicant. Notices mailed to affected property owners on August 22, 1996. Russell presented request for reconsideration, explaining that additional information regarding the official Park Board recommendation and city cost information regarding road construction if on-site dedication required were now available. Jim Peterson, Trailhead Development was also present to answer Council questions. The Mayor opened the public hearing. Sheila Maybanks, 20 I Bayberry Avenue, stated she preferred dedication of park land rather than payment of a fee. Tyler Smith, owner of three lots on Interlachen, requested clarifIcation on how the height of the new street will affect his lots. Cindy Green, 204 Crestwood Terrace, stated she preferred avoiding disturbing any wetlands. The Mayor closed the public hearing. Motion by Councilmember Thole, seconded by Councilmember Cwnmings to adopt the appropriate resolution modifying approval of SUB/96-31 preliminary plat, Interlachen Hills, Third Addition by amending to approve Alternative lA. Resolution 96-216 Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays - None. 2. This is the day and time for the public hearing to consider th~ sale of property by the City of Stillwater. The property is located on the east side of North Third Street directly south of the residence at 315 S. Third. The property size is 50 feet deep and 150 feet wide (along Third St.) and contains 7,500 square feet of area. The property is treed and generally steeply sloping from Third Street to the east. The land would be sold to Gerrard Realty (a portion) and Martin Elkenborg (a portion) A deed restriction would be placed on the property to disallow development of the site and to retain the site in a natural condition. A public utility easement would be retained on the entire site. Notice of the hearing was placed in the Stillwater Gazette on July 29, 1996, and notices mailed to affected property owners. Russell explained the request and stated the public hearing was required by ordinance for the sale of city owned land. Motion by Councilmember Cummings, seconded by Councilmember Zoller to adopt the appropriate resolution approving sale of 7,500 square feet of city-owned property, located on the east side of North Third Street, with the following conditions: 1) parcel shall be maintained in natural open space condition; and 2) public drainage and a public drainage and utility easement 5 ~. (' ("' shall run with the property. (Resolution 96-217). Ayes - Councilmembers Bealka, Cwnmings, Thole, Zoller and Mayor Kimble. Nays - None. 3. Case No. ZAT/96-1. This is the day and time for the public hearing to consider an amendment to Chapter 31.00 of the Stillwater City Code, Zoning, adding a new Campus Research and Development District, CRD. City of Stillwater, applicant. Notice of the hearing was placed in the Stillwater Gazette on August 19, 1996. Mayor opened public hearing. Richard Huelsmann stated concerns that the proposed confIguration would created an island of the CRD district in a residential zone. Mayor closed public hearing. Motion by Councilmember Thole, seconded by Councilmember Zoller to approve the second reading of ordinance implementing Orderly Annexation Agreement by a zoning text amendment to Chapter 31, Zoning, of the Stillwater City Code adding a new Campus Research and 5/' :;l.. ~ Development District, CRD. Ayes - Councilmembers Bealka, Cwnmings, Zoller and Mayor Kimble. Nays - None. 4. Case No. ZAM/96-1. This is the day and time for the public hearing to consider a zoning ordinance map amendment by amending Chapter 31.00 of the Stillwater City Code, Zoning, by designating approximately 28 acres ofland located west ofCR 5 and north ofTH 36 as Campus Research and Development (CRD). City of Stillwater, applicant. Notice of the hearing was placed in the Stillwater Gazette on August 19, 1996, and notices mailed to affected property owners. Mayor opened public hearing. Richard Huelsmann restated his concems regarding confIguration of the district. Mayor closed public hearing. Magnuson clarifIed that a minor adjustment to the district would be consistent with the orderly annexation agreement. Council directed the district be amended to remove the westerly strip of land abutting N 62nd Street, and to add an equal portion ofland to the east. Motion by Councilmember Thole, seconded by Councilmember Bealka to approve the second reading of ordinance implementing Orderly Annexation Agreement by a zoning map amendment to Chapter 31, Zoning, of the Stillwater City Code, to designate 28+ acres ofland located west S d-.'\ 6 ~. r. ('\ ofCR 5 and north ofTH 36 as Campus Research and Development (CRD) District, as amended. All in favor. (roll call) 5. Case No. ZA T/96-2. This is the day and time for the public hearing to consider l\II amendment to Chapter 31.00 of the Stillwater City Code, Zoning, adding a new Village Commercial District, V-c. City of Stillwater, applicant. Notice of the hearing was placed in the Stillwater Gazette on August 19, 1996. Mayor opened public hearing. Mary Bujold, MaxfIeld Research Group, representing Paula Kroening (also present), opposed the amendment, stating the development viability of the Village Commercial parcel which was approved at 6.2 acres was now facing a reduction of 47 percent in the developable amount due to wetlands/park dedication/open space allocations and potential right-of-way allocation. Richard Huelsmann stated changes should not be made to the orderly annexation agreement. Mayor closed the public hearing. Motion by Councilmember Thole, seconded by Councilmember Zoller to approve the second reading of ordinance implementing Orderly Annexation Agreement by a zoning text amendment to Chapter 31, Zoning, of the Stillwater City Code adding a new Village Commercial District, V- C. Ayes - CounciImembers Thole, Zoller and Mayor Kimble. Nays - Councilmembers Bealka and Cummings. Magnuson informed Council approval requires a 4/5 vote; therefore the motion failed. Mayor recessed the meeting at 8:20 p.m. Meeting reconvened at 8:35 p.m. Cwnmings stated he had voted in the negative only as a statement against what he felt was inadequate planning for commercial development. He had not realized the motion would fail without a 4/5 approval. Motion by Councilmember Cummings, seconded by Councilmember Bealka to reconsider the zoning text amendment adding a Village Commercial District. All in favor. Motionby Councilmember Thole, seconded by Councilmember Zoller to approve the second reading of ordinance implementing Orderly Annexation Agreement by a zoning text amendment to Chapter 31, Zoning, of the Stillwater City Code adding a new Village Commercial District, V- 'is ')0 C. 7 (', r. r Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays - None. 6. Case No. ZA T/96-3. This is the day and time for the public hearing to consider an amendment to Chapter 31.00 of the Stillwater City Code, Zoning, adding a new Agricultural Preservation District, A-P. City of Stillwater, applicant. Notice of the hearing was placed in the Stillwater Gazette on August 19, 1996. Mayor opened public hearing. No one requested to be heard. Mayor closed public hearing. Motion by Councilmember Thole, seconded by Councilmember Zoller to approve the second reading of ordinance implementing Orderly Annexation Agreement by a zoning text amendment <::l ~ I to Chapter 31, Zoning, of the Stillwater City Code adding a new Agricultural Preservation District, A-P. Ayes - Councilmembers Bealka, Cwnmings, Thole, Zoller and Mayor Kimble. Nays - None. 7. Case No. CPA/96-1. This is the day and time for the public hearing to consider an amendment to the City of Stillwater Comprehensive Plan incorporating the Orderly Annexation Agreement as part of that document. Notice of the hearing was placed in the Stillwater Gazette on August 19, 1996. Mayor opened public hearing. No one requested to be heard. Mayor closed public hearing. Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt the appropriate resolution approving amendment to City of Stillwater Comprehensive Plan by incorporating the Orderly Annexation Agreement. (Resolution No. 96-219) Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays - None. UNFINISHED BUSINESS 1. ADDrovinll Ice Arena Contract Motion by Councilmember Cummings, seconded by Councilmember Bealka to adopt the appropriate resolution approving renewal of Lily Lake arena management contract with St. Croix Catering for the 1996/97 ice season. (Resolution 96-220) 8 , J c (\ (' Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays - None. 2. Possible second ....A(!jnil of ordinance amendinil Chqpter 56 of Stillwater City Code Entitled Taxes and Assessments (Rural taxation district for annexation area) Motion by Councilmember Thole, seconded by Councilmember Cwnmings to approve the second reading of ordinance amending Chapter 56 of Stillwater City Code Entitled Taxes and Assessments (Rural taxation district for annexation area). Ayes - Councilmembers Bealka, Cwnmings, Thole, Zoller and Mayor Kimble. Nays - None. 7 <:6 d- 'l . 3. Approvini DevelQpment Allfeement - Territorial Coalition Inc. Motion by Councilmember Cummings, seconded by Councilmember Zoller to adopt the appropriate resolution approving the Development Agreement with Territorial Coalition Inc. (Resolution 96-221) Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays - None. ' 4. Acceptance ofresiift8tion and commendation of Rob Hamlin as Planninll Commissioner Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt the appropriate resolution approving accepting resignation and commending Rob Hamlin for serving as Planning Commissioner. (Resolution 96-222) Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays - None. Motion by Councilmember Thole, seconded by Councilmember Zoller directing staff to advertise a vacancy on the Planning Commission and requesting letters of interest be submitted to the City Clerk. All in favor. 5. Update: Railroad land purchase in downtown Stillwater Community Development Director Russell reported on the possibility of the City obtaining all railroad-owned land in downtown Stillwater and leasing back an easement to the railroad for use as long as they need the line. Motion by Councilmember Bealka, seconded by Councilmember Cwnmings directing staff to obtain appraisal of railroad lands in downtown Stillwater. All in favor. 6. Election to participate in Local Housing Incentive Program under the Livable Communities Act for 1997 Russell reported that the City must annually elect to participate in the Local Housing 9 ~ r r Incentive Program. Participation is required to be eligible for certain grant funds. Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt the appropriate resolution electing to continue participating in the Local Housing Incentives Account Program under the Metropolitan Livable Communities Act. (Resolution 96-218) Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None. 7. Discussion or ordinance reiulatinll pawnbrokers Magnuson reported that a moratorium on establishing pawn shops within the City could be enacted until the ordinance is in fInal form for the second reading. He stated the moratorium could be for up to one year with a possible extension to 18 months. This was within the rights of the City because a fIrst reading of an ordinance regulating pawnbrokers. Motion by Councilmember Thole, seconded by Councilmember Zoller to establish a moratorium on the establishment of pawnshops within the City. All in favor. NEW BUSINESS 1. Adqptini prqposed Budiet andprqposed 1997 Tax Le~ and Settini date for Truth in Taxation hearinis Postponed. Special meeting date set for Wednesday, Sept 11, 1996, at 7:30 a.m. (action taken at 4:30 meeting) 2. APPointment to Park and Recreation Board Kriesel presented memo from Tim Thomsen, Parks Director. He reported the Park and Recreation Board had voted at their meeting of August 20 to recommend Nancy Brown to fIll the vacancy of Todd King. Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt the appropriate resolution approving the appointment of Nancy Brown to the Park and Recreation Board to fIll the vacancy created by the resignation of Todd King. (Resolution 96-223) Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays - None. 3. Special Use Permit for elementary school Russell reviewed the request, stating it had been reviewed and approved by the Planning Commission, the Town planning Commission and Board. He stated the Joint Board had reviewed the school project and certifIed it as consistent with the comprehensive plan and orderly annexation. 10 n (' n Dan Parker, Business Manager for ISD 834, was present. Motion by Councilmember Thole, seconded by Councilmember Cummings approving the Special Use Permit for elementary school located south of County Road 12 in City annexation area, as conditioned. All in favor. 4. AdQptini revised Parks and Trailwl\Y Dedication Policy Motion by Councilmember Thole, seconded by Councilmember Bealka to table the adoption of revised Parks and Trailway Dedication Policy. All in favor. COMMlJNICA TIONS/REOUESTS I. Richard Hill - Request to close portion of street for block party 2. Paul Weiler, Youth Service Bureau - Request for funding COUNCIL REOUEST ITEMS STAFF REPORTS (continued) City Attorney Magnuson presented lease agreements with Gordon Metal, School District 834, and Lindells Carriage Co. for use of portions of the Territorial Prison site. Motion by Councilmember Thole, seconded by Councilmember Bealka approving the lease agreement with Gordon Iron and Metal Company, School District 834, and Lindells Carriage Co. for use of portions of the Territorial Prison site. All in favor. Community Development Director Russell requested authorization to have survey completed for purposes of splitting property to be owned by City on old prison site (TCI development). Motion by Councilmember Thole, seconded by Councilmember Zoller directing Community Development Director Russell to have survey completed for split of old prison site property. All in favor. ADJOURNMENT Motion by Councilmember Thole, seconded by Councilmember Bealka to adjourn at 9:45 p.m. Resolutions: Resolution 96-213: Directing Payment of Bills Resolution 96-214: Approving Flood Hazard Mitigation Grant Agreement with Minnesota Department of Natural Resources and authorizing Mayor and Clerk to sign said Agreement. Resolution 96-215: Purchase of unmarked squad car for investigator. Resolution 96-216: Modifying approval of SUB/96-31 preliminary plat, Interlachen Hills, Third Addition by amending to approve Alternative lA. 11 . . ('. (' (\ . Resolution 96-217: Approving sale of 7,500 sauare feet of city-owned property, located on the east side of North Third Street. Resolution 96-218: Electing to continue participating in the Local Housing incentives Account Program under the Metropolitan Livable Communities Act. Resolution 96-219: Approving amendment to City of Stillwater Comprehensive Plan by incorporating the Orderly Annexation Agreement. Resolution 96-220: Approving renewal of Lily Lake arena management contract with St. Croix Catering for the 1996/97 ice season. Resolution 96-221: Approving Development Agreement with Territorial Coalition Inc. Resolution 96-222: Accepting resignation and commending Rob Hamlin for serving as Planning Commissioner. Resolution 96-223: Appointing Nancy Brown to the Park and Recreation Board to fIll the vacancy created by the resignation of Todd King. <_4___2 ~ Actlng May6r Attest: fY(M;~~LU,~~ City Clerk . 12