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Home My WebLink About1996-10-01 CC MIN , r (' (' - -"\"- .' STILLWATER CITY COUNCIL CITY COUNCIL MEETING NO. 96-25 October 1, 1996 REGULAR MEETING 96-25 4:30 P.M. The Meeting was called to order by Acting Mayor Zoller Present: Councilmembers Bealka, Cwnmings, Zoller, Kimble (arrived at 4:55 p.m.) Absent: Councilmember Thole Also Present: City Coordinator Kriesel City Attorney Magnuson City Engineer Eckles Chief Beberg Building Inspector Zepper Public Works Director Junker Fire Chief Ness City Clerk Weldon Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette 1. Qpdate on City Hall Proiect - BWBR Architects and GWO Construction Co. Pete Smith and Dennis Vonasek, BWBR Architects presented a budget update on the building project to date. Dick Olsen, GWO Construction, presented update on the construction schedule, stating the Council Chambers should be completed in mid- December, third floor should be completed in two months, and the remainder of staff areas completed by March 1997. 2. Worhhop: Olive Street Dump Site - Mark Mason. Service Environmental Mark Mason, Service Environmental, swnmarized the "Former Olive Street Dump Phase II Report: Swnmary/Preliminary Response Actions", prepared by Service Environmental. City Engineer Eckles reported on neighborhood concerns regarding environmental safety and drainage issues. Motion by Councilmember Cwnmings, seconded by Councilmember Zoller to table discussion of old Olive Street dump site pending Pollution Control Agency review and directing City Attorney to prepare report on liability and reimbursement from responsible parties. All in favor. 1 r , (" (" ,. STAFF REPORTS 1. Police Chief- Chief Beberg requested the purchase of a computer for investigator (consent agenda) and advised Council that Officer Bjorkman had resigned from DARE instructor training. 2. City Enmneer- City Engineer Eckles presented update on progress of 1996 Street Improvement project. 3. Fire Chief- Chief Ness reported the City has received a matching grant from Prudential Life Insurance Company for a defIbrillator. He explained that the Fire Department will be soliciting donations from organizations for the $2500 matching funds. However, in order to receive the grant, the City would need to approve the payment of the $2500 should the donations not be received by the March 31 deadline. Motion by Councilmember Cummings, seconded by Councilmember Bealka approving request for $2500 matching funds for grant from Prudential Life Insurance Company for defIbrillator for rescue truck, with funds to be reimbursed from donations. All in favor. 10. BuiJdinll Official- Building Inspector Zepper reported a resident will be appealing a decision of the building official regarding a sprink1ing system. He requested Council appoint a Board of Appeals. City Attorney Magnuson explained the appeal of all decisions, except those of the building official would come before Council. However, the Uniform Building Code prohibits appeal of building related issues and requires a Board of Appeal composed of members knowledgeable in building codes. Mr. Zepper was asked to provide recommendations of persons qualified to serve on the Board. The following were listed: Mark Balay, Duane Elliott, Jeff Peterson, Ernie Peasley, Maurie Stenerson. Mr. Zepper stated none of the individuals had been contacted regarding willingness to serve on an appeals board. Any appointment would be contingent upon acceptance of the duties by the appointees. 2 (' ('\ (" Motion by Counciimember Bealka, seconded by Counciimember Zoller adopting Resolution No. 96-236, Appointing Mark Balay, Jeff Peterson, and Ernie Peasley to Board of Appeals for Building Inspector decisions, and Maurie Stenerson and Duane Elliott as alternate selections. Ayes - Councilmembers Bealka, Cummings, Zoller and Mayor Kimble. Nays - None. Absent - Councilmember Thole 11. City Attomc:y- City Attorney Magnuson reported the Municipal Board will be meeting on October 4, 1996, to act on the annexation and set an effective date. Mr. Magnuson and City Engineer Eckles explained a request was received from developer Bill Lecuyer to reduce assessments on four lots in Wildwood Pine, L.1. 309, because of an error in design of sewer services. (Action taken during public hearing.) 12. City Coordinator- City Coordinator Kriesel reported he will be representing the City in conciliation court on October 16. Mr. Kriesel presented information regarding hospital/medical insurance premium coverage for Council, City Attorney, and full-time employees not covered by labor contracts. Motion by Councilmember Cummings, seconded by Councilmember Bealka adopting Resolution No. 96-237, Establishing hospital/medical insurance premium coverage for Council, City Attorney, and full-time employees not covered by labor contracts. Ayes - Councilmembers Bealka, Cummings, Zoller and Mayor Kimble. Nays - None. Absent - Councilmember Thole. Motion by Councilmember Bealka, seconded by Councilmember Cwnmings to recess at 6:00 p.m. All in favor. ~r Attest: ~.J::.. / < . Jd..-, . City Clerk 3 (' o (' Recessed Meeting STILLWATER CITY COUNCIL CITY COUNCIL MEETING NO. 96-25 October 1,1996 7:00 p.m. The meeting was called to order by Mayor Kimble Present: CouncilmembersJ3ealka, Cummings, Zoller and Mayor Kimble Absent: Councilmember Thole (arrived at 7:35 p.m.) Also present: City Coordinator Kriesel Finance Director Deblon Engineering Technician Moore Community Development Director Russell City Attorney Magnuson City Engineer Eckles Consultant Engineer Moore City Clerk Weldon Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette APPROVAL OF MINUTES Motion by Cummings, seconded by Bealka to approve the minutes of September 11, 1996 Special Meeting and September 17, 1996 Regular Meeting. All in favor. PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS 1 Dan Hawkes, Director of Operations for Stillwater Yacht Club, presented a petition for dredging and construction of a retaining wall near the C Dock area at the Marina. He stated the project needed to be completed at this time due to expiration of the DNR . dredging permit and also current low water conditions allowed greater access to the subject areas. He requested the City fInance the project at this time and assess the Stillwater Yacht Club at the end of the taxable year. Motion by Councilmember Bealka, seconded by Councilmember Cwnmings adopting Resolution 96-238, Accepting petition and waiver of appeal and approving entering into contract with Jacobsen Excavating and Trucking Company, Inc., for dredging and construction of retaining wall at Stillwater Yacht Club, and to assess Stillwater Yacht Club for the contract amount. 4 (' ('- (' Ayes: Bealka, Cummings, Zoller, Kimble Nays: None Absent: Thole CONSENT AGENDA Motion by Councilmember Cwnmings, seconded by Councilmember Zoller to approve consent agenda. Ayes: Bealka, Cummings, Zoller, Kimble Nays: None Absent: Thole 1. 2. 3. Directing Payment of Bills. (Resolution No. 96-235) Peddlers Permit, John Stottlemyer - C.W. Marketing, local business coupon books Hang Banner - American Education Week Nov. 8-25, 1996; Holiday/Winter decorations - Nov. 25, 1996-Feb. 3,1997. Proposal Requests Nos. 14 & 16, City Hall Renovation Project Purchase one computer for investigator - Police Dept. Application for Abatement - Robert & Lauren Burns Application for Delayed Payment of Tax for Special Assessments - Robert & Lauren Burns Purchase of computer, monitor, printer - Finance Dept. 4. 5. 6. 7. 8. PUBLIC HEARINGS I. This is the day and time for the assessment hearing for L.1. 305, Pinehill Estates Improvements. Notice of the hearing was placed in the Stillwater Gazette on September 19, 1996, and notices mailed to affected property owners. City Engineer Eckles swnmarized the project, explaining that Bill Lecuyer, developer of Wildpines, had expressed concerns on the way one of the trunk utility items (seeding cost) was spread between Pinehill and Wildwood Pines as part of the Pine Hill Estates project and had requested a reduction of assessments on Lots 1-5 Wildwood Pines 5th Addition. The Mayor opened public hearing. Were no requests to be heard. The Mayor closed the public hearing. Councilmember Thole arrived at 7:25 p.m. 5 .' (\ (\ (" Motion by Councilmember Cummings, seconded by Councilmember Bealka adopting Resolution No. 96-241, adjourning Lot 5, Wildwood Pines, reducing per lot assessment of Lots 1-4 Wildwood Pines by $40 each, and adopting assessment for Pine Hill Estates Improvements, 1.1. 305. Ayes: Bealka, Cummings, Thole, Zoller, Kimble Nays: None 2. This is the day and time for the assessment hearing for Wildwood Pine Improvements, 1.1. 309. Notice of the hearing was placed in the Stillwater Gazette on September 19, 1996, and notices mailed to affected property owners. City Engineer Eckles reported that the property owners had requested this item be tabled until October IS, 1996. Motion by Councilmember Thole, seconded by Councilmember Cummings tabling the assessment hearing for 1.1. 309, Wildwood Pine Improvements, to October 15, 1996. All in favor. 3. Case No. PUD/96-58. This is the day and time for the public hearing to consider a request from Washington County Housing Authority for a modifIcation to a planned unit development for the construction of a 1200 square foot addition to the existing senior center building located at 2300 West Orleans Street in the RA, One-Family Residential District. Notice of the hearing was placed in the Stillwater Gazette on September 20, 1996, and notices mailed to affected property owners. The Mayor opened the public hearing. There were no requests to be heard. The Mayor closed the public hearing. Councilmember Thole stated he would abstain from voting because he is a Boardmember of the Senior Center. Motion by Councilmember Zoller, seconded by Councilmember Bealka approving a modifIcation to a planned unit development for the construction of a 1200 square foot addition to the existing senior center building located at 2300 West Orleans Street. Case No. PUD/96-58. 4- 0-1 (Thole abstain) UNFINISHED BUSINESS 1. Approving Mighty Ducks application 6 (\ o (\ Dick Olsen, St. Croix Valley Sports Facility Commission, reported Oak Park Heights, Baytown Township, and ISD #834 had committed funding to the proposed sports facility. Finance Director Deblon explained fInancing options and use of tax increment frem District #4, stating the TIF plan would need to be amended to specifIcally reference the project. Motion by Councilmember Cummings, seconded by Councilmember Thole to adopt Resolution No. 96-239, Authorizing application for approval ofMigh~ Ducks Capital Bonding Funds. Ayes: Thole, Cummings, Zoller, Kimble Nays: Bealka Motion by Councilmember Cwnmings, seconded by Councilmember Thole to adopt Resolution 96-240, Directing amendment ofTIF plan for District #4 and adopting preliminary resolution of intent. Ayes: Thole, Cummings, Zoller, Baelka, Kimble Nays: None 2. Possible second reading of Ordinance No. 833 amending penalty for late payment of utility bill Motion by Councilmember Thole, seconded by Councilmember Bealka to approve the second reading of Ordinance No. 833, amending penalty for late payment of utility bill. Ayes: Bealka, Cwnmings, Thole, Zoller, Kimble Nays: None 3. Consideration of adoption of Revised Park and Trailway Dedication Policy Community Development Director Russell presented the revised Park and Trailway Dedication Policy, explaining it was revised to help implement the comprehensive plan. The policy was reviewed and approved by the Parks Board, Planning Commission, and Joint Board. Motion by Councilmember Bealka, seconded by Councilmember Thole to adopt Resolution 96- 242, Approving Revised Parks and Trailway Dedication Policy. All in favor. Ayes: Cummings, Bealka, Thole, Zoller, Kimble Nays: None NEW BUSINESS 1. Approving Joint Powers Agreement - Study of Brown's Creek. 7 .. (\ (\ (' Motion by Councilmember Bealka, seconded by Councilmember Thole to adopt Resolution 96- 243, Approving Joint Powers Agreement with City of Hugo, Town of Grant, and City of Stillwater for study of Brown's Creek. Ayes: Bealka, Cummings, Thole, Zoller, Kimble Nays: None 2. Discussion of contract - U.S. Bench Corp. Community Development Director Russell presented information prepared by City Planner Fitzgerald, explaining U.S. Bench Corporation had applied for renewal oflease to place benches along bus routes. He explained the Corporation rents advertising space on the benches. Russell reported that according to the Sign Ordinance, the HPC is to review signage in both the downtown area and the West Business District. The HPC determined the advertising on the bus benches is not an allowable use according to the sign ordinance and recommended denial of the lease. Roland Danielson, president of U.S. Bench Corporation, addressed Council and explained one bench downtown that was not on a bus route was being removed; he showed a picture of an alternate style bench that could be used in the historic downtown district. Jeff Johnson, HPC, explained the HPC recommendation for denial, stating the benches were considered an "off premise sign or billboard" and considered non-conforming. City Attorney Magnuson explained any structure in the right-of-way requires a license. He also stated review of sign permits are the responsibility of the HPC except on appeal to Council. Motion by Councilmember Thole, seconded by Councilmember Cummings to refer consideration of contract renewal for U.S. Bench to Heritage Preservation Commission. All in favor. 3. Petition for feasibility study - Phase 1 Annexation Property Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt Resolution 96- 244, declaring adequacy of petition and ordering preparation of report for Phase I Annexation Property. Ayes: Nays: Absent: Bealka, Thole, Zoller, Kimble None Cummings COMMUNICA TIONS/REOUESTS 8 .. (' o (' . . I. River Valley Arts Council - Request for fInancial support Motion by Councilmember Bealka, seconded by Councilmember Thole to approve expenditure of$1500 to River Valley Arts Council for general operating support. 4-1 (Zoller nay) 2. Request from Forest Hill Residents City Coordinator Kriesel reported information will be provided at the October 15 meeting. 3. "Sandwich Board" Advertising. A memo was received from the HPC stating the Commission's official position/recommen- dation on sandwich board advertising was that it is not a permitted use under the sign ordinance nor in keeping with the intended spirit of the city design guidelines outlined in the Design Guideline Manual. Council directed the Planning Department to enforce violations relating to sandwich board signs and other items placed on sidewalks/public property. STAFF REPORTS City Coordinator Kriesel requested Council direction regarding informational workshop with Phase I annexation area residents. Motion by Councilmember Cummings, seconded by Councilmember Thole directing staff to conduct informational workshop with residents included in the Phase I annexation area. All in favor. City Coordinator Kriesel presented request from City of Stillwater Chamber of Commerce to use 2nd Street from Commercial to Nelson Alley for Christmas Kids parade, scheduled for 6 p.m. on Friday, November 29. Police assistance with traffic control was also requested. Motion by Councilmember Cummings, seconded by Councilmember Thole approving request of City of Stillwater Chamber of Commerce for use of city streets and police assistance for Christmas Kids Parade on Friday, Nov. 29,1996. All in favor AD.I.QllllliMEN Motion by Councilmember Thole, seconded by Councilmember Bealka to adjourn at 9: 1 0 p.m. Mlmfu,oc. ~~ Mayo Attest: -1YJ,..,J'J11 ~~ . ( City Clerk 9 (\ , {\ (\ . . . . Resolution 96-235: Directing Payment of Bills. Resolution 96-236: Appointing Mark Balay, JeiIPeterson, and Ernie Peasley to Board of Appeals for Building Inspector decisions, ilnd Maurie Stenerson and Duane Elliott as alternate selections. . Resolution 96-237: Establishing hospital/medical insurance premium coverage for Council, City Attorney, and full-time employees not covered by labor contracts. Resolution 96-238: Accepting proposal and approving entering into contract with Jacobsen Excavating and Trucking Company, Inc., for dredging and construction of retaining wall at Stillwater Yacht Club, and to assess Stillwater Yacht Club for the contract amount. Resolution No. 96-239: Authorizing application for approval of Might Ducks Capital Bonding Funds. Resolution 96-240: Directing amendment ofTIF plan for District #4 and adopting preliminary resolution of intent. Resolution 96-241: Adopting amended assessment roll for Lots 1-6, Block I, Pine Hill Estates and Lots 1-4, Block 1, Wildwood Pines 5th Addition Resolution 96-242: Approving revised Parks and Trailway Dedication Policy. Resolution 96-243: Approving Joint Powers Agreement with City of Hugo, Town of Grant, and City of Stillwater for study of Brown's Creek. Resolution 96-244: Adequacy of Petition and Ordering Report Phase I Annexation Property Ordinance 833: Amending Penalty for Late Payment of Utility Bill. 10