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HomeMy WebLinkAbout1998-09-01 CC MIN 4{ .l CITY OF STILLWATER CITY COUNCIL MEETING NO. 98-21 September 1, 1998 0GULAR MEETING \ (" r 4:30P.M The meeting was called to order by Mayor Kimble at 4:30 p.m. Present: Absent: Councilmembers Bealka, Zoller and Mayor Kimble Councilmembers Thole, Cummings Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon Fire Chief Kallestad Police Chief Dauffenbach Building Official Zepper City Clerk Weldon Press: Julie Kink, Courier News Mark Brouwer, Stillwater Evening Gazette STAFF REPORTS City Coordinator Kriesel updated Council on the 1999 Proposed Budget. He stated he had previously advised Council they had two options regarding the 1999 Budget: 1) Adopt the proposed budget of $6,477,801 and the tax levy of$4,237,385; or 2) table action until a future meeting, but before Sept. 15th. He added a third option to adopt a proposed budget that would be equal to the revenues shown on the worksheet entitled "1999 Requested Operating Budget". The revenues on the worksheet of $6,390,457 plus the General Fund Capital Outlay of $454,385, would make the proposed budget $6,814,842. He recommended Council adopt a proposed budget of $6,814,842 and tax levy of $4,237,385 and direct staff to pare expenditures to that level prior to adoption of the budget in December. He further recommended setting the dates for the Truth in Taxation public hearing for December 1, 1998, and a continuation on December 8th , if needed. (These recommendations were approved on the consent agenda later in this meeting.) Finance Director Deblon provided information on the impact of the budget on the tax levy. Police ChiefDauffenbach reported that as a result of an upgrade to the Washington County radio system, the base radio in the Stillwater Police Department is outdated and cannot communicate with Washington County's new system. This means that neither dispatch nor the police officer can hear or talk with the Washington County Sheriff's Office except by portable radio. This is a safety issue and a necessary communication function. No money has been allocated in this year's budget for a new base radio. The cost would be $5657.25. Motion by Councilmember Zoller, seconded by Councilmember Bealka to adopt Resolution 98-237 approving the purchase of a base radio for Police Department for an approximate cost of $5,660. All in favor. Chief Dauffenbach also reported Chris Felsch had resigned as juvenile officer. He recommended the promotion of Carla Cincotta to juvenile officer, effective today. .., "'I City Council Meeting 98-21 September 1, 1998 Motion by Councilmember Bealka, seconded by Councilmember Zoller to adopt Resolution 98-238 approving 0omotion of Carla Cincotta to juvenile officer, effective September 1, 1998. All in favor. .~ecess at 4:55 p.m. Attest:--f1J ""L~ l,)~~ City Clerk CITY OF STILLWATER CITY COUNCIL MEETING NO. 98-21 September 1, 1998 RECESSED MEETING 7:00 P.M. The meeting was called to order by Mayor Kimble. Present: Councilmember Bealka, Cununings, Thole, Zoller and Mayor Kimble Also Present: City Coordinator Kriesel City Attorney Magnuson City Engineer Eckles Community Development Director Russell Finance Director Deblon Police Chief Dauffenbach City Clerk Weldon r Press: Julie Kink, Courier Mark Brouwer, Stillwater Evening Gazette Motion by Councilmember Bealka, seconded by Councilmember Thole approve the minutes of the August 18, 1998, Special and Regular Meetings. All in favor. PETITIONS. INDMDUALS. DELEGATIONS & COMMENDATIONS 1. Petition from property owners to maintain McKusick Lake at the present level. r Chuck Fredrickson, 1602 McKusick Lane, presented a petition from several property owners surrounding Lake McKusick to request the City of Stillwater and the State of Minnesota Department of Natural Resources to establish a permitted designated water level of Lake McKusick at its current level of853.5 feet above sea level indefinitely. He stated that at the June 2nd Council workshop, he and a group of McKusick Lake residents had presented a Vision Statement regarding the quality of McKusick Lake. Of their concerns, the water level was paramount. Lowering the lake level would destroy the lake. At that meeting, the residents were informed the Department of Natural Resources controls the lake level. The City recommended as a first step the residents get unanimous approval of shoreline owners. 2 " City Council Meeting 98-21 September I, 1998 Gayle Siegler, 1410 Meadowlark, stated the water level is dramatically lower. They have gained two feet of shoreline. r Mark Hoffman, 270 Wildwood Court, stated the water level has dropped two feet. The success of Stillwater is because it is scenic. He used to be able to see the water when he walked his dog around the ballpark; now he is able to see it in only a few places. Katie Jablonski, 757 Green Twig Way, reported the spillway used to flow. Now it is 15 to 20 feet of cattails. The consensus of the residents appearing was that the level is going down and the bottom is rising. Bob Brothen, 1636 Meadowlark Dr., reported there used to be trappers and duck hunters in the area when it was higher. Dan Fleming, 921 Lecuyer Drive; stated no water was visible until the brush was cleared at his property . Neil Smith, 820 Towne Circle, stated this is the only property available to all residents. Time was of the essence in protecting this resource. r City Engineer Eckles reported staff would need to further study the issue before approaching the DNR. There would be potential cost impacts to maintaining the lake at higher levels than intended. The ultimate system to protect the entire lake region was not yet in place. Mr. Eckles stated a study on flood impacts and costs must be completed and the AUAR reanalyzed. City Attorney Magnuson stated the DNR position is a legal position that the artificial raising is an illegal taking of property. Motion by Councilrnember Thole, seconded by Councilrnember Bealka accepting the petition to the City of Stillwater and MN Dept. of Natural Resources requesting the water level of Lake McKusick be maintained at its current level of853.5 feet, and directing staff to develop an action plan and dialogue with state agencies. All in favor. The meeting was recessed at 7:55 p.m. and reconvened at 8:03 p.m. CONSENT AGENDA Motion by Councilrnember Thole, seconded by Councilrnember Bealka approving the consent agenda. All in favor. I. Resolution 98-223: Directing Payment of Bills. 2. Temporary on-sale liquor license for River Valley Arts Council, Sept. 19, 1998, at Cub Food Corporate Building atrium. 3. Resolution 98-224: Relating to financing of certain proposed projects undertaken by the City of Stillwater establishing compliance with reimbursement bond regulations under the Internal Revenue r'\ Code. \ 4. Resolution 98-225: Setting date for Truth in Taxation public hearing for Dec. I, 1998, at 7 p.m. and continuation, if needed, for December 8, 1998, at 7 p.m. 3 " City Council Meeting 98-21 September I, 1998 5. Resolution 98-226: Promotion of Jeff Magler to patrol sergeant. ,.-'\ Resolution 98-227: Agreement with Midwest Spine Institute for funding of Zamboni resurfacing machine. ~ ' U.S. Bench Corp. - Request for license renewal. o. Request for installation of Banner - League of Women Voters, Oct. 19 - Nov. 3, 1998. 9. Resolution 98-228: Approving Cooperative Construction No. 77535 Between MNIDOT and the City of Stillwater for Trunk Highway 36 Park and Ride Lot. 10. Resolution 98-229: Approving Execution of Sub-Grant Agreement with the Minnesota Department of Public Safety Division of Emergency Management for Federal Disaster Funding. II. Resolution 98-230: Declaring Cost to be Assessed, and Ordering Preparation of Proposed Assessment for 1998 Street Reconstruction (So. 1st Street and Surrounding Areas, Project 9802, L.I. 334). 12. Resolution 98-231: Declaring Cost to be Assessed, and Ordering Preparation of Proposed Assessment for Curve Crest Boulevard Street Rehabilitation (Project 9803, L.I. 335). 13. Resolution 98-232: Calling for Hearing on Proposed Assessment for 1998 Street Reconstruction (So. 1st Street and Surrounding Areas, Project 9802, L.I. 334). 14. Resolution 98-233: Calling for Hearing on Proposed Assessment for Curve Crest Boulevard Street Rehabilitation (Project 9803, L.I. 335). IS. Resolution 98-234: Accepting Quotation from Fuhr Trenching for Sanitary Service Installation. 16. Resolution 98-235: Adopting proposed tax levy for the year 1999. 17. Resolution 98-236: Adopting proposed budget for the year 1999. PUBLIC HEARINGS 1. ~ Case No. SUB/98-52. lbis is the day and time for the public hearing to consider a request from Daniel Kalman for a resubdivision ofNI/2 of Lot 5, Block 42, Carli & Schulenburg's Addition, to create three lots of 150'x 50' at 301, 307 and 309 East Willow Street in the RA, Single Family Residential District. Notice of the hearing was published in the Stillwater Gazette on August 21, 1998 and notices mailed to affected property owners. Community Development Director Russell reported that Daniel Kalman has requested a resubdivision of Lot 5, Block 42, Carli & Schulenburg's Addition. Lot I was purchased by the owner of 301 E. Willow Street last year, but was not recorded with the City. Lot 2 is being purchased by the buyer of the home at 309 E. Willow Street. The request is to resubdivide a 50' x ISO' parcel into two parcels. Lot I (50'x ISO') would merge with 301 E. Willow Street. The remaining Lot 2 (50'x 50') would merge with 309 E. Willow Street. The Planning Commission recommended approval with the following conditions: I) approval of City Engineer, 2) Legal survey to be recorded, and 3) sign a waiver of the right to object to the assessment of municipal sewer and water. The Mayor opened the public hearing. There were no requests to be heard. The Mayor closed the public hearing. Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt Resolution 98-239 approving the resubdivision of Lot 5, Block 42, Carli & Schulenberg's Addition. All in favor. UNFINISHED BUSINESS r,r Municipal License for James and Kay Anderson and Marine Leasing LLP for use of tunnel connecting Connolly Shoe Building and the West Publishing Building. 4 City Council Meeting 98-21 September I, 1998 City Attorney Magnuson reported that Jeanne Anderson requested a license to use the existing tunnel T'\ beneath Commercial Avenue that connects what was the Connolly Shoe building to the former new Conoco \ . building, recently owned by West Publishing Company. The Andersons plan to buy the West Publishing . building and the two buildings would be under common ownership. They would like to use the tunnel and formalize its existence. The tunnel has been inspected by the Fire Chief, the Building Inspector and the Engineering department and appears safe and fit for use. City Attorney Magnuson prepared a license for the Andersons to use the tunnel for consideration by Council. Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution 98-240 approving the municipal license to James and Kay Anderson and Marine Leasing, LLP to grant non-exclusive right to use the portion of Commercial Street between the Connolly Shoe Building located at 123 South Second Street and the West Publishing building at 201 North Second Street. All in favor. NEW BUSINESS I. Consideration of no-parking on Chillakoot Hill and S. 2nd Street. City Coordinator Kriesel reported that he has discussed the parking situation on South 2nd Street (Chillakoot Hill) with staff and recommends that parking not be allowed on either side of the street between Nelson and Pine Streets. The potential for traffic accidents exists because of the grade and narrowness of the street. Motion by Councilmember Thole, seconded by Councilmember Cummings approving Resolution 98-241 0tablishing no parking on South 2nd Street between Nelson and Pine Streets. All in favor. 2. Possible acquisition of tax forfeit land. City Coordinator Kriesel reported that there are certain parcels of land available to the City due to tax forfeiture. The Parks and Recreation Committee is recommending that the City acquire Lots 17 & 18 of Block I of Radles Hilltop Addition for future parks and open space. City Coordinator Kriesel is also recommending that the City acquire a parcel that is part of Tuenge Drive and Shelton Drive. A defect in the platting of this area excepted this parcel from the street right-of-way. The City can acquire these parcels at no cost. City Attorney Magnuson also requested a scrap parcel (part of Lot I, Block I, Hersey, Staples and Co.'s Addition) found to be tax forfeit during Barry Stack's survey of the Aiple property, be acquired by the City. lbis parcel is part of the right-of-way for access to the south. Motion by Councilmember Bealka, seconded by Councilmember Thole adopting Resolution 98-242 authorizing the City to apply for the reconveyance of tax forfeited lands. All in favor. COMMUNlCATIONS/REOUESTS I. Letter from LuAnn Wood regarding the 62nd Street Addition. ("" A letter was received from LuAnn Wood expressing her concern about the 62nd Street Addition. Ms. Wood feels that the traffic flow on this street is already very large and that the addition of another 5 City Council Meeting 98-21 September I, 1998 (' 600-800 cars daily would cause too much traffic in this neighborhood. She is asking that Council consider having the addition to 62nd Street have its own access from Hwy. 5 or to choose the option which contains no through street on Nightingale Blvd. She also expressed concern over the watershed problem in this area due to additional development. Mayor Kimble noted the Planning Commission turned down the request for the 62nd Street connection at their August 31st meeting. 2. Letter from Willie Madline regarding the skateboard facility at Northland Park. A letter was received from Willie Madline stating that the addition of skateboarding to Northland Park was welcome and better utilizes the park. Mr. Madline stated that he would rather have a place that the kids can enjoy instead of trying to invent their own fun in another part of the city that can't accommodate them. He requested his letter be included in the minutes of the meeting. Motion by Councilmember Bealka, seconded by Councilmember Thole to note in the Sept. 151 minutes the receipt of the letter from Willie Madline in support for the Northland Park skateboard facility. All in favor. COUNCIL REOUEST ITEMS Mayor Kimble referred to the memo from Clerk Weldon and reminded Council that because the Primary Election will be held on Tuesday, September 15th, the regularly scheduled second Council meeting of the month has been rescheduled for Tuesday, September 22, 1998. (''sAFF REPORTS (continued) City Coordinator Kriesel reported a letter has been received from Patricia Hanson, 501 Quarry Lane, requesting the City do nothing further regarding her land until the matter is submitted to the Supreme Court for resolve. Motion by Councilmember Thole, seconded by Councilmember Zoller to take no action on the property at 501 Quarry Lane until an executive session is held to discuss litigation of this matter. All in favor. Community Development Director Russell requested the Council direct the recreation center project manager review the Cooperative Construction Agreement No. 77535 with MnlDOT for the Trunk Highway 36 Park and Ride Lot which was approved earlier in the meeting. If any calculations need to be changed, he will work with MnlDOT to amend the agreement. Motion by Councilmember Thole, seconded by Councilmember Zoller directing Community Development Director Russell to review the Cooperative Construction Agreement No. 77535 with MnlDOT for the Trunk Highway 36 Park and Ride Lot with the recreation center project manager. Community Development Director Russell also requested authorization for a Planning Commission member and a member of the Planning staff to attend an open space workshop on Tuesday, Sept. 8. /,"",,\Motion by Councilmember Thole, seconded by Councilmember Cummings approving the request for a ( Planning Commission member and a Planning staff member to attend the open space workshop on Sept. 8th. . All in favor. 6 City Council Meeting 98-21 Septernber I, 1998 Motion by Councilmember Thole, seconded by Councilmember BeaIka to adjourn at 8:27 p.m. All in favor. ~ Attest: q~/,jdL . City Clerk Mayor Resolution 98-223: Directing Payment of Bills Resolution 98-224: Relating to financing of certain proposed projects undertaken by the City of Stillwater establishing compliance with reimbursement bond regulations under the Internal Revenue Code Resolution 98-225: Setting date for Truth in Taxation public hearing for Dec. 1, 1998, at 7 p.m. and continuation, if needed, for December 8, 1998, at 7 p.m. Resolution 98-226: Promotion of Jeff Magler to patrol sergeant Resolution 98-227: Agreement with Midwest Spine Institute for funding ofZamboni resurfacing machine Resolution 98-228: Approving Cooperative Construction No. 77535 Between MNIDOT and the City of Stillwater for Trunk Highway 36 Park and Ride Lot. Resolution 98-229: Approving Execution of Sub-Grant Agreement with the Minnesota Department of Public Safety Division of Emergency Management for Federal Disaster Funding Resolution 98-230: Declaring Cost to be Assessed, and Ordering Preparation of Proposed Assessment for 1998 Street Reconstruction (So. 1st Street and Surrounding Areas, Project 9802, L.I. 334). Resolution 98-231: Declaring Cost to be Assessed, and Ordering Preparation of Proposed Assessment for Curve Crest Boulevard Street Rehabilitation (project 9803, L.I. 335) ~esolution 98-232: Calling for Hearing on Proposed Assessment for 1998 Street Reconstruction (So. 1st Street \ '. and Surrounding Areas, Project 9802, L.I. 334) Resolution 98-233: Calling for Hearing on Proposed Assessment for Curve Crest Boulevard Street Rehabilitation (project 9803, L.I. 335) Resolution 98-234: Accepting Quotation from Fuhr Trenching for Sanitary Service Installation. Resolution 98-235: Adopting proposed tax levy for the year 1999 Resolution 98-236: Adopting proposed budget for the year 1999 Resolution 98-237: approving the purchase of a base radio for Police Department for an approximate cost of$5,660. Resolution 98-238: approving promotion of Carla Cincotta to juvenile officer, effective September I, 1998. Resolution 98-239: approving the resubdivision of Lot 5, Block 42, Carli & Schulenberg's Addition. Resolution 98-240: approving the municipal license to James and Kay Anderson and Marine Leasing, LLP to grant non-exclusive right to use the portion of Commercial Street between the Connolly Shoe Building located at 123 South Second Street and the West Publishing building at 201 North Second Street. Resolution 98-241: establishing no parking on South 2nd Street between Nelson and Pine Streets. Resolution 98-242: authorizing the City to apply for the reconveyance of tax forfeited lands. (- 7 \