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Home My WebLink About1998-12-01 CC MIN il J r r r r+ CITY OF STILLWATER CITY COUNCIL MEETING NO. 98-29 Dec:ember 1, 1998 REGULAR MEETING 4:30 P.M. , i ,j The meeting was called to order by Councilmember Zoller Present: Absent: Also present: Councilmembers Bealka, Cummings and Zoller Councilmember Thole and Mayor Kimble City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon Police ChiefDauffenbach City Engineer Eckles Fire Chief Kallestad Building Official Zepper City Clerk Weldon Press: Julie Kink, Courier STAFF REPORTS Police Chief Dauffenbach reported, as required by the City Code, background checks have been run on all applicants for tobacco license renewals. The background checks showed a discrepancy on one application. Although the application stated no one listed on the application had been convicted of a felony, the background check revealed a felony conviction. The following are listed as a basis for denial in Chapter 41, Sec. 41-2, Subd. 5 (2) applicant has been convicted within the past five years of any violation of a federal, state or local law, ordinance provision, or other regulation relating to tobacco or tobacco products, or tobacco related devices, or any felony within the last ten years, and (4) applicant fails to provide any information required on the application, or provides false or misleading information. Subd. 5 also states the existence of any particular ground for denial does not mean that the city must deny the license. Council determined the current application would be denied because of the lack of disclosure of required information. Council would then require a new application be completed along with a letter of explanation as to why the original application was not completed accurately. Motion by Councilmember Cummings, seconded by Councilmember Zoller to adopt Resolution 98-306 denying a tobacco license for Jazzy's House of Blues and Cigar Parlor. Ayes: Nays: Absent: Councilmembers Bealka, Cummings and Zoller None Councilmember Thole and Mayor Kimble " ~ r r r .' City Council Meeting 98-29 December 1, 1998 City Engineer Eckles presented a local government loan agreement with Northern States Power (NSP) for a lighting energy savings program. Motion by Councilmember Cummings, seconded by Councilmember Bea1ka to adopt Resolution 98-307 authorizing the Mayor to sign the local government loan agreement with Northern States Power for the energy savings program. Ayes: Nays: Absent: Councilmembers Bealka, Cummings and Zoller None Councilmember Thole and Mayor Kimble City Coordinator Kriesel stated Scott Olson, Director of Operation of the Stillwater Yacht Club, was present to request permission to bury a 10,000 gallon fuel tank on City property. Two underground tanks, which were placed in the ground when the property was owned by the railroad. were removed today. (The Pollution Control Agency regulations required removal in 1998.) The property was later purchased by the City and leased to the Yacht Club. However, no fees have been collected during the past two years because of high water in 1997 and the levee project. There is no license or agreement with the Yacht Club for the installation of the new tank on City property. Concerns were expressed regarding City liability for safety and environmental issues. In addition, it was questioned if the location of the tank would interfere with the park development. Mr. Olson provided information on the type of tank and warranty. He stated he thought he had permission to bury the tank from Fire Chief Kallestad and had intended to install it today. Chief Kallestad stated he was not informed the tank location was on City property . Motion by Councilmember Cummings, seconded by Councilmember Bealka directing the City Attorney to prepare a draft license for the installation of a fuel tank by the Stillwater Yacht Club and report back with options at the December 8th Special meeting. All in favor. City Coordinator Kriesel presented a request from Pubic Works Director Junker to store confiscated vehicles in the building near the Vessel Cayuga. Council agreed to storage of the vehicles in that location. City Coordinator Kriesel presented a request from Mr. Gannon to store antiques in the building previously owned by the railroad. City Attorney Magnuson stated the railroad still has keys and is utilizing the building; they were unaware the ownership had changed to the City. Council determined the building should be reserved for City use. Motion by Councilmember Cummings, seconded by Councilmember Bea1ka to recess at 5:50 p.m. All in favor. 2 r (" r I' ,- City Council Meeting 98-29 December 1, 1998 CITY OF STILLWATER CITY COUNCIL MEETING NO. 98-29 December 1, 1998 RECESSED MEETING 7:00P.M. The meeting was called to order by Acting Mayor Thole Present: Absent: Also Present: Councilmembers Bealka, Cummings, Thole, Zoller Mayor Kimble City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon Police Chief Dauffenbach City Clerk Weldon Press: Julie Kink, Courier Mark Brouwer, Stillwater Gazette APPROVAL OF MINUTES Motion by Councilmember Zoller, seconded by Councilmember Cummings to approve the minutes of the November 10, 1998, Regular and Recessed Meetings; November 24,1998, Special Meeting. All in favor. CONSENT AGENDA Motion by Councilmember Bealka, seconded by Councilmember Zoller approving the consent agenda. All in favor. 1. Resolution 98-303: Directing Payment of Bills 2. Purchase of three portable radios - Police Dept. 3. Resolution 98-304: Establishing hourly pay rates for part-time firefighters 4. Resolution 98-305: Requesting variance to Rule 8820.9936 relating to minimum design speed for Curve Crest Blvd Extension PUBLIC HEARINGS 1. This is the day and time for the Truth In Taxation Public Hearing. Notice of the hearing was placed in the Stillwater Gazette on November 25, 1998. Finance Director Deblon explained the tax levy process and how monies are spent. The Acting Mayor opened the public hearing. 3 ,) City Council Meeting 98-29 December 1, 1998 o Rodd Hane, 618 Lake Drive, questioned how increases were determined. He stated he was pleased the City was cutting the budget and thought the city was doing a great job on the city portion. However, he was concerned with his tax increase. Staff was directed to contact Washington County to determine if Mr. Hane's tax notice was accurate. The Acting Mayor closed the public hearing. Motion by Councilmember Bealka, seconded by Councilmember Zoller directing the adoption of the tax levy and the budgetfor 1999 be placed on the December 15, 1998, agenda. All in favor. 2. Case No.CP N98-2. This is the day and time for the public hearing to consider a Comprehensive Plan amendment establishing greenways, corridors, parks and open space and trails for the expansion area. City of Stillwater, applicant. Notice of the hearing was published in the Stillwater Gazette on November 20, 1998. Community Development Director Russell presented the proposed Comprehensive Plan amendment. The Comprehensive Plan and AUAR implementation program calls for the establishment of Greenway Corridors and a Parks and Trails System for the expansion area. This plan designates edges oflakes, creeks/tributaries and wetland greenways. A trail system is located through major corridors connecting the expansion area from 62nd Street North to TH96. The City's Open Space Committee, Parks Board and Planning Commission recommend adoption. The amendment has been referred to the DNR and Stillwater Township for comment. r The Acting Mayor opened the public hearing. There were no requests to be heard. The Acting Mayor closed the public hearing. Motion by Councilmember Zoller, seconded by Councilmember Cummings approving the Comprehensive Plan amendment establishing greenways, corridors, parks and open space and trails for the expansion area. All in favor. 3. Case No.ZAT/98-7. This is the day and time for the public hearing to consider a Zoning Ordinance text amendment amending shoreland section requiring buffers along Browns Creek, its tributaries and wetlands. City of Stillwater, applicant. Notice of the hearing was published in the Stillwater Gazette on November 20, 1998. Community Development Director Russell presented a proposed amendment to the Shoreland Ordinance which included provisions for Brown's Creek, lake and wetland buffer areas. The amendment will require a 100 foot buffer area from Brown's Creek and its tributaries and a buffer area of 25 feet from wetlands. It will further the natural resources protection policy of the Comprehensive Plan and Expansion Area AUAR Mitigation Plan. The draft ordinance has been reviewed by the DNR, Brown's Creek Watershed District and Stillwater Township. The Planning Commission reviewed the ordinance on November 9, 1998, and recommends approval. The Joint Board will have to approve the ordinance before the ordinance becomes effective. r 4 ,> City Council Meeting 98-29 December 1, 1998 The Acting Mayor opened the public hearing. There were no requests to be heard. The ('. Acting Mayor closed the public hearing. Councilmember Cummings requested language be included in the final draft that would exempt park structures from certain regulations. Motion by Councilmember Bea1ka, seconded by Councilmember Zoller to have the first reading of an ordinance amending the Shoreland Ordinance by requiring protective buffer areas. Ayes: Nays: Absent: Councilmembers Bea1ka, Curmnings, Thole and Zoller None Mayor Kimble UNFINISHED BUSINESS 1. Snow plowing services for St. Croix Valley Recreation Center (Resolution) City Engineer Eckles reported proposals were received from Lehmicke Construction and M.J. Raleigh Trucking, Inc. for snow plowing services. He recommended accepting the low bid of Lehmicke Construction. Motion by Councilmember Cummings. seconded by Councilmember Zoller to adopt Resolution 98-308 approving the contract with Lehmicke Construction for snow plowing services for St. r Croix Valley Recreation Center. Ayes: Nays: Absent: Councilmembers Bealka, Cummings, Thole and Zoller None Mayor Kimble 2. Possible second reading of an ordinance establishing administrative hearing process for alcohol and tobacco compliance violation. City Attorney Magnuson presented the draft ordinance which would establish the process and civil penalties for alcohol and tobacco compliance violations. Criminal fines and penalties have been the most frequent enforcement mechanism. This process would bring a more prompt resolution and does not label a violation of administrative regulations as criminal. This enforcement method will be in addition to any other legal remedy which may be pursued for City Code violations. Motion by Councilmember Zoller, seconded by Councilmember Curmnings to have a second reading of an Ordinance 868 establishing an administrative hearing process for alcohol and tobacco compliance violations. r Ayes: Nays: Absent: Councilmembers Bea1ka, Cummings, Thole and Zoller None Mayor Kimble 5 ., City Council Meeting 98-29 December 1, 1998 r Motion by Councilmember Beallca, seconded by Councilmember Zoller to adopt Resolution 98- 309 setting a fine schedule and penalties for alcohol and tobacco compliance violations. Ayes: Nays: Absent: Councilmembers Bealka, Cummings, Thole and Zoller None Mayor Kimble 3. Possible second reading of an ordinance amending Chapter 43 - Liquor, by clarifying inconsistencies in the ordinance. City Attorney Magnuson presented the draft ordinance clarifying the minimwn seating capacity of 25 for a restaurant to be eligible for a liquor license (consistent with wine license). Motion by Councilmember Zoller, seconded by Councilmember Cummings to have a second reading of an Ordinance 867 amending Chapter 43 - Liquor, by clarifying inconsistencies in ordinance related to minimwn seating for a restaurant. Ayes: Nays: Absent: Councilmembers Bealka, Cwnmings, Thole and Zoller None Mayor Kimble (" 4. Approving the Cooperative Construction Agreement No. 77535 with Mn/DOT relating to construction of a park and ride lot at Curve Crest Boulevard and Market Drive. Motion by Councilmember Cummings, seconded by Councilmember Zoller to adopt Resolution 98-310 approving the Cooperative Construction Agreement No. 77535 with Mn/DOT relating to construction of a park and ride lot at Curve Crest Boulevard and Market Drive. Ayes: Nays: Absent: Councilmembers Bealka, Cummings, Thole and Zoller None Mayor Kimble NEW BUSINESS 1. Review and comments on Browns Creek Watershed District Regulations. City Engineer Eckles reported the proposed rules in current form could have significant impact on the City's procedures and process for planning and land use control. In addition, the District has not yet "endorsed" the AUAR Mitigation Plan, which would avoid the need for the City to implement many of the restrictions in the rules. The District is requesting comments from affected agencies and the public. (" StafIis preparing a response to the Brown's Creek Watershed District for Council review at the December 15, 1998, meeting. 6 . " City Council Meeting 98-29 December 1, 1998 r 2. Designating Legal Newspapers for 1999 (Resolution) City Coordinator Kriesel presented proposals from the Stillwater Evening Gazette and the Courier News for providing legal publication services on a shared basis for 1999. For the past several years, the Gazette has published the legal notices and the Courier publishes the meeting minutes. The Courier is proposing to charge $3.80 per column inch (3% increase) and the Gazette proposes to charge $3.85 per column inch and $3.03 for repeat publications. He recommended Council approve a contract with the Stillwater Evening Gazette for the publication of Legal Notices for 1999 and the Courier News for the publication of Proceedings in Summary Form for 1999, at a rate of$3.80 per column inch and $3.00 for repeat publications Motion by Councilmember Cummings seconded by Bealka to adopt Resolution 98-311 approving the execution of contracts with the Stillwater Evening Gazette and the Courier News for the 1999 Legal Newspapers. Ayes: Nays: Absent: Councilmembers Bealka, Cummings, Thole and Zoller None Mayor Kimble 3. Renewal of tobacco licenses for 1999. r Council was presented with a list of applications for renewal of tobacco licenses for 1999. All required documentation has been submitted and background investigations completed. Councilmember Cummings clarified the application discussed and denied at the 4:30 meeting was not included in this approval. Motion by Councilmember Cummings, seconded by Councilmember Bealka to adopt Resolution 98-312 approving renewal of tobacco licenses for 1999. Ayes: Nays: Absent: Councilmembers Bealka, Cummings, Thole and Zoller None Mayor Kimble 4. Possible first reading of ordinance regulating adult entertainment businesses. City Attorney Magnuson reported the City receives inquiries regarding zoning and regulations related to the establishment of adult entertainment businesses within the City. He suggested it would be prudent for the City to develop an ordinance regulating adult entertainment before a business is established in the City. Adult entertainment cannot be prohibited, but it can be regulated. He recommended a first reading of an ordinance and then referring it to the Planning Commission for zoning issues. r 7 , .. City Council Meeting 98-29 December 1, 1998 Motion by Councilmember Bealka, seconded by Councilmember Cwnmings to have the first r reading of an ordinance regulating adult entertaimnent businesses. Ayes: Nays: Absent: Councilmembers Bealka, Cwnmings, Thole and Zoller None Mayor Kimble Motion by Councilmember Bealka, seconded by Councilmember Cwnmings referring consideration of the regulation of adult entertaimnent businesses to the Planning Commission. All in favor. 5. Approving reapportionment of special assessments. Finance Director Deblon requested Council approve the re-apportionment of special assessments to complete the recording of the subdivision for the ABS parcel downtown. This parcel is receiving TIF assistance and the split is necessary for valuation calculations pursuant to the TIF agreement. Motion by Councilmember Bealka, seconded by Councilmember Zoller to adopt Resolution 98. 313 approving re-apportionment of special assessments for subdivision of Parcel No. 28.030.20.13.0086. r Ayes: Nays: Absent: Councilmembers Bealka, Cwnmings, Thole and Zoller None Mayor Kimble STAFF REPORTS (continued) City Coordinator Kriesel reported the Park Rapids Hockey Association has accepted the City's offer of$13,500, plus delivery, for hockey boards. He requested authorization to issue a check payable to the Park Rapids Hockey Association in payment for the hockey boards. Motion by Councilmember Cwnmings, seconded by Councilmember Zoller authorizing the issuance ofa check payable to the Park Rapids Hockey Association in the amount of$13,500 plus delivery for hockey boards. All in favor. Motion by Councilmember Bealka, seconded by Councilmember p.m. to executive session to discuss labor relations negotiatio t8:40 Acting Mayor Thole Attest: ~: {J".;j~ . City Clerk (' 8 r r r . ..... City Council Meeting 98-29 December I, 1998 Resolution 98-303: Directing Payment of Bills Resolution 98-304: Establishing hourly pay rates for part-time firefighters Resolution 98-305: Requesting variance to Rule 8820.9936 relating to minimum design speed for Curve Cresi Blvd Extension Resolution 98-306: denying a tobacco license for Jazzy's House of Blues and Cigar Parlor. Resolution 98-307: authorizing the Mayor to sign the local government loan agreement with Northern States Power for the energy savings program. Resolution 98-308: approving the contract with Lehmicke Construction for snow plowing services for St. Croix Valley Recreation Center. Resolution 98-309: setting a fine schedule and penalties for alcohol and tobacco compliance violations. Resolution 98-310: approving the Cooperative Construction Agreement No. 77535 with Mn/DOT relating to construction of a park and ride lot at Curve Crest Boulevard and Market Drive. Resolution 98-311 approving the execution of contracts with the Stillwater Evening Gazette and the Courier News for the 1999 Legal Newspapers. Resolution 98-312 approving renewal of tobacco licenses for 1999. Resolution 98-313 approving re-apportionment of special assessments for subdivision of Parcel No. 28.030.20.13.0086. Ordinance 867 amending Chapter 43 - Liquor, by clarifying inconsistencies in ordinance related to minimum seating for a restaurant. Ordinance 868 establishing an administrative hearing process for alcohol and tobacco compliance violations. 9 RECORD OF EXECUTIVE SESSION lteconvened: Tuesday, December 1, 1998 Tleconvened: 8:40p,m_ me adjourned: 8:55p,m_ emberspresenl: Acting Mayor Thole, Councilmembers Bealka, Cummings, and Zoller embers absent: Mayor Kimble sopresenl: City Coordinator Kriesel and City Attorney Magnuson Jrpose of Executive Session: To discuss condemnation proceedings of property located !jacent to Oak Glen subdivision known as Amundson property, Jtion by Councilmember Zoller, secol'lded by Coul'lcilmember Bealka to direct staff to welopauseplanfortheAmundsonproperty.AllinfavoL )tion by Councilmember Cummings, seconded by Councilmember Bealka to adjourn at 55p_m All in favor, -~ ;p./~~~ ti 0 C~1(~