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HomeMy WebLinkAbout1998-05-05 CC MIN i ~ CITY OF STILL WATER CITY COUNCIL MEETING NO. 98-11 May 5, 1998 ~' ('XGULAR MEETING 4:30 P.M. The meeting was called to order by Mayor Kimble, Present: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon Police ChiefBeberg Community Development Director Russell Parks Director Thomsen City Engineer Eckles Building Inspector Zepper Fire ChiefKallestad City Clerk Weldon Press: Julie Kink, Courier STAFF REPORTS r Police Chief Beberg informed Council the National Honor Society at Stillwater Area Senior High will be holding their annual soapbox derby on Saturday, May 30, on North Second Street between Laurel and Mulberry. Two officers will be provided. The School District will provide insurance. Also, there will be a block party on Walnut Creek Drive Saturday, June 13. It is a deadend street and will be blocked at Neal Avenue, leaving openings in case of an emergency. Police Chief Beberg also requested authorization to deal with a hazardous house that has been abandoned for over ten years. The property is located north of 125 South Ramsey Street and the address if thought to be 321 West Myrtle Street. Council directed Chief Beberg to take necessary action. City Engineer Eckles provided Council with background information on the request from Mr. Hubman for reimbursement for a fire hydrant. (Action taken at 7 p.m. meeting) Parks Director Thomsen requested authorization to purchase tool boxes and two-way radios, hire seasonal workers, hire Archnet for preparation of working plans for Pioneer Park restrooms, and purchase park benches and trash receptacles. (All items are on the consent agenda) o City Attorney Magnuson requested Council reconsider their decision to acquire a walkway easement over the property of Gary and Colleen Gallmeier. The Gallmeier's have consented to a Right of Entry upon payment of the appraised damages to their property ($21,000) on the condition that the Right of Entry and easement provide only for a sewer easement over the east twenty (20) feet of their property. The walkway would be adjacent to a barbed wire fence that would be a danger to pedestrians. In addition, the walkway would give the pedestrians access to expensive machinery and gas tanks. Because of the remote rural setting, they believe the walkway to be extremely intrusive into their lives. He stated a walkway could be required as a condition of approval when and if the property is subdivided. He recommended Council approve the agreement, deleting the walkway easement provlSlon. , . S:ity'council Meeting No. 98-11 ~ May 5, 1998 Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt Resolution 98-121 approving ",the Agreement for Right of Entry with Gary and Colleen Gallmeier for installation of trunk sewer main, as ~ mended. Ayes: Councilmember Bealka, Thole, Zoller and Mayor Kimble Nays: Councilmember Cummings Motion by Councilmember Thole, seconded by Councilmember Zoller approving payment of appraised damages to Gary and Colleen Gallmeier for utility easement. All in favor. Community Development Director RusselJ presented an update on the sports complex construction. He reported Span-Crete is on strike. If the strike is prolonged, it will delay construction of the ice area portion of the complex. He submitted a change order request for the following: fmish hardwarelhollow metal doors; eliminate elevator (decision required); and for additional refrigeration piping in Phase I contract for second (outside) sheet of ice (two options). Building Official Zepper had contacted the State of Minnesota and was informed the elevator was not necessary; the building would still be in compliance with ADA requirements. Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt Resolution 98-122 approving the sports complex Change Order Item I, hardwarelhollow metal doors; Item 3 (option 3.2) Refrigeration piping; and Item 4, eliminate elevator. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None r Community Development Director Russell reported the Lower St. Croix Interagency Planning Task Force was holding a continuation of the Preferred Alternative Workshop at the same time as tonight's Council Meeting. The Council packet contained a memo stating the meeting notice contains the discussion of river crossing alternatives; none of the alternatives include a new bridge as proposed. All alternatives would require the removal of the old bridge and widening of the old bridge in place or remodeling it and relocating it. The impact of four lanes of traffic through downtown StilJwater would destroy the character of the community. Community Development Director Russell reported he wilJ be attending the Lower St Croix Planning Task Force Workshop this evening. He stated it should be made clear that a new river crossing bridge as proposed can be constructed without the removal of the existing bridge because the existing bridge is an historic resource. On August 21, 1997, the task force agreed that the Lower St. Croix Management Commission's present goal for non-proliferation of bridges (remove old bridges when new ones are built) must be modified, under any alternative considered, to clarify that the non-proliferation policy applies "with the exception of those structures to which the National Register historic review process could be applied." He will be presenting the City's position and asking for clarification. Mr. Russell also presented a request from Territorial Coalition Inc., for Stillwater Radisson Hotel and Suites construction, to continue the contract for sale of the territorial prison site to June 16, 1998. The National Park Service has approved the proposed windows and closing of sale of the site should occur in approximately three weeks. {":':1otion by Councilmember Thole, seconded by Councilmember Cummings approving request of Territorial Coalition, Inc., for extension of contract for sale of territorial prison site to June 16, 1998. All in favor. 2 . ~ . . pty' Council Meeting No. 98-11 ....- May 5, 1998 ('- Community Development Director Russell reported a property owner on Quarry Lane intends to remove a chinmey structure on the owner's property because of possible hazardous conditions. Because the structure is considered to have possible historic significance, he recommended the City request bids for the preparation of a report by an historian and a structural engineer to determine the historical significance and structural safety of the chinmey structure. Motion by Councilmember Zoller, seconded by Councilmember Cummings authorizing the request for bids for an historian and structural engineer to prepare a report on the chimney structure located on Quarry Lane. All in favor. Community Development Director Russell informed Council there has been no movement on the fInancing for the of the construction of a parking structure at the old UBC site. On Thursday, May 7, the Downtown Parking Commission will be considering the improvement of the lot. A report will be presented to Council on May 19. Fire Chief Kallestad informed Council of the serious nature of arson and requested Council proclaim May 3 through May 9 as Arson Awareness Week in Stillwater. (Proclamation read at 7 p.m. meeting) 1. Management contract for sports facilities. (' City Coordinator Kriesel presented the management agreement with St. Croix Catering, Inc. (St. Croix), for management of the Lily Lake Ice Arena and the St. Croix Sports Facility. St. Croix would manage (not lease) the operations based on requirements contained within the agreement and policies adopted by the Council related to rates/fees, facility use and on an approved budget. The management fee would be 5% of the gross revenues not to exceed $35,000 and reimbursement of personal service costs incurred by St. Croix. The budget is comprised of a pre-opening phase budget (May I - September 30, 1998) and a post-opening phase (October I, 1998 - April 30, 1999). Motion by Councilmember Cummings, seconded by Councilmember Thole to adopt Resolution 98-123 approving budget and agreement with St. Croix Catering, Inc., for management services for the St. Croix Sports Facility and Lily Lake Ice Arena for the period May I, 1998 - April 30, 1999. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None City Coordinator Kriesel stated Mike Miller and Nick Modders from the Minnesota Transportation Museum were present to discuss the lease extension for Engine No. 328. It was determined there was not sufficient information to make a decision this evening and the item should be continued to another meeting. Motion by Councilmember Thole, seconded by Councilmember Cummings to continue the discussion of the lease extension with Minnesota Transportation Museum for Engine No. 328 to May 19. All in favor. The meeting was recessed at 6 p.m. :F/4'~ (\ttest: -4~J~ (1 JoeATv) City Clerk 3 .- City Council Meeting No. 98-11 May 5,1998 (" CITY OF STILLWATER CITY COUNCIL MEETING NO. 98-11 May 5, 1998 RECESSED MEETING 7:00 P.M. The meeting was called to order by Mayor Kimble. Present: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Also present: City Coordinator Kriesel City Attorney Magnuson City Engineer Eckles Fire Chief Kallestad Planning Commission, Gerald Fontaine City Clerk Weldon Press: Mark Brouwer, Gazette Julie Kink, Courier APPROVAL OF MINUTES Motion by Councilmember Cummings, seconded by Councilmember Thole approving the minutes of April 21, r 998 Special and Regular Meetings. All in favor. PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS 1. Heritage Preservation Commission Annual Awards Roger Tomten, Heritage Preservation Commission (HPC), explained National Preservation Week is May 10 - 16. The HPC has selected the following businesses to receive this year's annual award: I) Reuse of existing building, Maple Island Hardware (accepted by Vem Stefan); 2) New Development, Washington County Historical Society Carriage House (accepted by Nancy Goodman); 3) Facade of a new building, Sammies Women's Casual Attire (accepted by Pete and Terry Sampier); and 4) a tie for Signage, Tasteful Thymes & Company (accepted by Donna Tarras and Pam Karpesh) and Grandma's House in Stillwater (accepted by Bob and Connie Lotspeich). Plaques were presented to the recipients by Mayor Kimble and Mr. Tomten. 2. Tom Foley, Washington County Attorney, and Richard Hodsdon - Update on Juvenile Curfew Ordinance Mr. Hodsdon presented and update on the juvenile curfew ordinance. They will be giving an annual report to the Washington County Board. They are meeting with cities prior to presenting the report to the Board to gather input. County Attorney Foley requested Council contact him if they have any comments. \' 3. Tim Old, Charter Commission - Conflict of interest provisions 4 , City Council Meeting No. 98-11 (" r May 5.1998 Mr. Old encouraged Council to have a first reading of the ordinance prepared by the Charter Commission on conflict of interest. Because a workshop on this topic is already scheduled for 4:30 p.m. May 19, it was determined to continue this item until after the workshop to allow for adequate discussion. Mr. Kriesel will be attending the Charter Commission meeting on May 18th to discuss the proposed ordinance. 4. Proclamation: Arson Awareness Week Mayor Kimble read a proclamation declaring May 3 through May 9, 1998, as Arson Awareness Week in Stillwater and encouraged all citizens to learn more about the tremendous toll arson takes on our community and nation, and to commit themselves to prevention efforts. Motion by Councilmember Thole, seconded by Councilmember Zoller approving the proclamation declaring May 3 through May 9,1998 as Arson Awareness Week. All in favor. 5. Thomas Hubman - Fire hydrant Mr. Hubman presented a request for reimbursement of$5,345 for a fire hydrant installed when he built a new twin home at 506 and 512 North Greeley Street. He stated the cost was $6,345, but the Water Board had reimbursed him $1,000. Mr. Eckles stated the City normally installs a hydrant and valve for approximately $2,200-2,800. According to the Water Board, homes do pay for hydrants; the typical water assessment includes the cost of hydrants. It appears Mr. Hubman either paid more than the standard rate for this hydrant, or the contractor did significantly more work such as installing the water service and/or sewer service for the property. This property has not paid any water assessment, so if there are additional costs associated with providing water to the property, it is appropriate the owner pay for the additional costs. He stated this does not appear to be a City issue and recommended Council take no action other than to direct Mr. Hubman to discuss the issue further with the Water Board ifhe feels the assistance already provided was not sufficient. Council concurred this was a Water Board issue and Mr. Hubman would need to go back to the Water Board for further consideration. It was also suggested he contact the contractor regarding the cost of the work. CONSENT AGENDA. Motion by Councilmember Cummings, seconded by Councilmember Thole to Delete No.4, and approve the consent agenda as amended. All in favor. 1. Resolution 98-115: Directing Payment of Bills 2. Contractors License: Copeland Building Corporation, Bloomington, MN; Valley Window Service, Bayport; D.K.H. Excavating Inc., Shakopee; Peterson Contractors, StilJwater; Gary Contracting, Roseville; Blacktop Driveway Co. Inc., St. Paul 3. Authorization for exemption for lawful gambling license and 1-4 day temporary on-sale liquor license- St. Mary's Church, 9/13/98 1. P~lftllBt te GalllfteieF fer llasllmllRt (action taken at 4:30 meeting) 5. Purchase of portable sprinkler system - Parks Dept 0. Resolution 98-117: Agreement with Archnet for preparation of working plans for Pioneer Park reStrooms 7. Purchase of park benches and trash receptacles 8. Resolution 98-118: Contract with Folz, Freeman, Dupry & Associates, Inc. for survey work 5 . City Council Meeting No. 98-11 May 5,1998 9. Resolution 98-119: Part-time employment of Seasonal Public Works Employees ~ O. Request to block portion ofN. 2" St. May 30 for soap box derby - National Honor Society " j 1. Request to block portion of Walnut Street for neighborhood block party 12. Purchase of tool racks, tool boxes, and two-way radios - Parks Dept. 13. Request for funding for skateboard and In-line Skate Facilities 14. Resolution 98-120: Request to purchase new copier - Engineering, Planning, Inspections 15. Commending Laurie Maher for eight years of service as a member of the Charter Commission 16. Commending Richard Slivik, Jr. for seven years of service as a member of the Charter Commission PUBLIC HEARINGS I. Case No. ZA T/96-4. This is the day and time for the public hearing to consider a request from the City of Stillwater for an amendment to the Zoning Ordinance, Chapter 31.01, changing the regulations regarding Home Occupation Permits, Types I, II, and III. Notice of the hearing was placed in the Stillwater Gazette on April 24, 1998. Planning Commissioner Fontaine explained the current home occupation regulations are very open and subjective without specific requirements to assure protection for residential areas. The draft regulations establish three types of home occupation use permits: Type I would be allowed in the residential RA, LR, TR, CR and RB districts. No special review is required. The occupation should be invisible to the residential area. Type II and III would require conditional use permits, a public hearing, and specific limits to the operation. Type III is allowed in the RB District. One nonresidential employee is allowed and retail sales accessory to the business are permitted. The draft ordinance has been reviewed by the Planning Commission. r The Mayor opened the public hearing. There were no requests to be heard. The Mayor closed the public hearing. Discussion followed. Mr. Magnuson will prepare a revised draft ordinance for the second reading. Motion by Councilmember Thole, seconded by Councilmember Cummings to have the first reading of the ordinance amending the Zoning Ordinance, Chapter 31.01, by changing the regulations regarding Home Occupation Permits, Types I, II, and III. All in favor. UNFINISHED BUSINESS I. Possible second reading of ordinance adopting and enacting a new code for the City of Stillwater (first reading April 21, 1998) Motion by Councilmember Thole, seconded by Councilmember Bealka to have the second reading of Ordinance No. 8S9, adopting and enacting a new code for the City of Stillwater. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None The meeting was recessed at 8:25 p.m. and reconvened at 8:32 p.m. (" 6 ,- City Council Meeting No. 98-11 May 5,1998 2. Possible second reading of ordinance regulating animal waste (fIrst reading April 21, 1998) r City Attorney Magnuson stated this ordinance would require the owner or custodian of an animal to immediately remove any excrement from public property or the private property of another and have in their possession equipment and supplies for excrement removal. Councilmember Thole requested Subd. 2(b), (have in possession equipment and supplies for excrement removal) be deleted. Motion by Councilmember Thole, seconded by Councilmember Bealka to have the second reading of Ordinance No. 858, regulating animal waste, as amended by deleting Subd. 2 (b). Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 3. Report: Sport Complex construction and Change Order request Action taken at 4:30 meeting. NEW BUSINESS 1. Possible fIrst reading of ordinance amending City Charter by adding conflict of interest provision. C' Action taken at 4:30 meeting. 2. Letter to Lower St. Croix Interagency Planning Task Force regarding management plan alternatives for river crossing Discussed at 4:30 meeting. 3. Renewal of Dock permit, Andiamo Showboats City Coordinator Kriesel explained this permit is for the period January 1 - December 31, 1998, but has not been processed until this time because the City had to determine what impact, if any, the proposed work on the levy (riprap) in the area of the docks would have on the dock operations. Staff met with the Corp on May 1 st and it appears operations will not be affected this year. Therefore, no modifications related to location or number of boats need to be made. The fee amount needs to be determined. The fees for the past year were $1000 per unit. There are 6 units for a total fee of $6000 (Andiamo, Andiamo Showboat, Majestic Lady, Empress, a floating ticket office vessel, and transient boats). Mr. Anderson is requesting no increase in fees. He is basing his request on a State law which requires holders of a liquor license engaged in charter/excursion operations to pay an increase in license fees ($6000 for St. Croix Boat and Packet) of which 50% ($3000) is returned to the City by the State of Minnesota. Council determined the permit fees should not be increased for 1998. ('vfotion by Councilmember Cummings, seconded by Councilmember Thole to adopt Resolution 98-116 approving the renewal of the Dock Permit to St. Croix Boat and Packet, Andiamo Enterprises, Inc., for the period January 1, 1998 through December 31, 1998. 7 ~ City Council Meeting No. 98-] 1 May 5, 1998 Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble ~ays: None COMMUNlCATIONSIREOUESTS I. Resignation of Bill Kimker from Human Rights Commission. 2. Letter from visitors to City regarding dangerous intersection at 2nd and Chestnut. 3. David Paradeau, Minnesota Zephyr, - notice of offer of sale of railroad trolleys. Motion by Councilmember Bealka, seconded by Councilmember Cummings directing staff to investigate the availability of funds or private/public partnerships for the purchase of trolleys. All in favor. COUNCIL REOUEST ITEMS Councilmember Bealka noted Mr. Russell, Mr. Magnuson, and he had met with representatives of the Oakridge Community Church and area residents regarding the ball games held at the church property. A follow-up meeting will be held Wednesday, May 6. Mayor Kimble stated a public meeting will be held May 7 from 6-8 p.m. regarding the master park plan for the development of the Aiple property. Mr. Kriesel noted this meeting is in keeping with the requirements of the City Charter for public notice of development of public land. nTAFF REPORTS (continued) City Coordinator Kriesel noted a letter was received from adjoining property owners of the 4th Street ravine project expressing their appreciation to Klayton Eckles and Shawn Sanders for their advice, knowledge and follow-through on the project. City Coordinator Kriesel reported a ceremony will be held at the Washington County Law Enforcement Center at noon on May 15, 1998, to honor officers who have given their life in the line of duty. Mr. Kriesel also requested direction on the continuation of the lease of Wally Lindell to use space at the territorial prison site. Mr. Lindell is interested in maintaining the lease, but he was waiting to make his request until the closing date for the sale of the property was set. Mr. Magnuson stated the lease is subject to a 30-day cancellation clause by either party. Because TCI has requested another extension of the closing date, Mr. Lindell could continue his lease subject to the 30-day notice. Once the property was sold, he would need to negotiate with the new owners. ADJOURNMENT Motion by Councilmember Thole, seconded by Councilmember Cummings to adjourn at 8:50 p.m. to executive session to discuss condemnation of certain lands. All in favor. ~ r Attest: ----4AAL'J tl.)4~dr--, ity Clerk 8 . City Council Meeting No. 98-11 May 5,1998 (" Ordinance No. 858: Regulating animal waste, as amended by deleting Subd. 2 (b). Ordinance No. 859: Adopting and enacting a new code for the City of Stillwater. Resolution 98-115: Directing Payment of Bills Resolution 98-116: Approving the renewal of the Dock Permit to St. Croix Boat and Packet, Andiamo Enterprises, Inc., for the period January 1, 1998 through December 31, 1998. Resolution 98-117: Agreement with Archnet for preparation of working plans for Pioneer Park restrooms Resolution 98-118: Contract with Folz, Freeman, Dupry & Associates, Inc. for survey work Resolution 98-119: Part-time employment of Seasonal Public Works Employees Resolution 98-120: Request to purchase new copier - Engineering, Planning, Inspections Resolution 98-121: Approving the Agreement for Right of Entry with Gary and Colleen Gallmeier for installation of trunk sewer main, as amended. Resolution 98-122: Approving the sports complex Change Order Item 1, hardwarelhollow metal doors; Item 3 (option 3.2) Refrigeration piping; and Item 4, eliminate elevator. Resolution 98-123: Approving budget and agreement with St. Croix Catering, Inc., for management services for the St. Croix Sports Facility and Lily Lake Ice Arena for the period May I, 1998 - April 30, 1999. o r' 9