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HomeMy WebLinkAbout1998-02-17 CC MIN '. CITY OF STILLWATER CITY COUNCIL MEETING NO. 98-5 February 17, 1998 r REGULAR MEETING r r 7:00 P.M. The meeting was called to order by Mayor Kimble. Present: Absent: Councilmembers Cummings, Thole, Zoller and Mayor Kimble Councilmember Bealka Also present: City Coordinator Kriesel City Attorney Magnuson Community Development Director Russell City Engineer Ecldes Police Chief Beberg Civil Engineer Sanders City Clerk Weldon Press: Julie Kink, Courier Mark Brouwer, Gazette APPROVAL OF MINUTES Councilmember Olmmings requested minutes be corrected to reflect he left the Feb. 3, 1998 meeting at 11:45 p.m. and was therefore not present for the last vote. Motion by Councilmember Olmmings, seconded by Councilmember Thole approving minutes of February 3, 1998 Regular and Recessed Meetings, as amended, and February 10, 1998, Special Meeting. PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS 1. Commending Captain Tim Bell for dedicated service to the Stillwater Police Department. Mayor Kimble presented Captain Tim Bell, who will be retiring from City Employment effective March 1, 1998, with a plaque and certificate of appreciation commending him for over 30 years of exemplary service to the Stillwater Police Department. Chief Beberg also commended Captain Bell for his service to the Department and the community. . Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution 98-44 commending Captain Tim Bell for over thirty years of dedicated service to the Stillwater Police Department. Ayes: Nays: Absent: CounciJmembers Zoller, Thole, Cummings and Mayor Kimble. None. CounciJmember Bealka. r . City Council Meeting No. 98-5 February 20, 1998 OPEN FORUM Leah Peterson, 7160 Mid Oaks Ave., expressed dissatisfaction with the Council decision to approve the preliminary plats of the Legends of Stillwater and Liberty on Long Lake. She felt the Council should have required the developers to dedicate 10% of the land along Long Lake rather than scattered site smal1 parks. Mayor Kimble suggested she consult the City Attorney regarding the rights of property owners, explaining the City is restricted in what it can demand of property owners. Councilmembers O.mmings and Zoller stated the Park Board worked very diligently with the property owners and developers to determine the best park development. The Park Board approved the plan and recommended approval. CONSENT AGENDA'" Motion by Councilmember Thole, seconded by Councilmember Zol1er approving the consent agenda. AI1 in favor. 1. Resolution 98-41: Directing Payment of Bills. 2. Exemption from Lawful Gambling License - St. Croix Val1ey Education Program raffle. 3. 1-4 day Temporary on-sale Liquor License - City of Stillwater Chamber of Commerce for Blue Moon Gathering, February 26, 1998. 4. Resolution 98-42: Memorandwn of Agreement for Drop Off Center Recycling Grant Distribution. 5. Resolution 98-43: Municipal Licenses for sidewalk use - Marlene's Deli, Savories, and Stillwater Grill (continued from Feb. 3, 1998). r PUBLIC HEARINGS r 1. This is the day and time for the public hearing to consider the making of street rehabilitation improvements and sidewalk construction improvements to Curve Crest Boulevard between Greeley Street and Washington Avenue. The area proposed to be assessed is properties abutting Curve Crest Boulevard between Greeley Street and Washington A venue. The estimated cost of the improvements is $539,813. Notice of the hearing was placed in the Stillwater Gazette on February 6 and 11, 1998 and notices sent to affected property owners. Civil Engineer Sanders reviewed the proposed project. If Council ordered the improvement, plans would be submitted to Council for approval at the March 3 meeting. Most comments on the project were related to removing the sidewalk portion from the project or objections to the sidewalk assessment formula. Council questioned if the street and sidewalk portion could be split into two parts. City Engineer Eckles reported they could easily be split. The Mayor opened the public hearing. 1. Dick Schoonover, Schoonover Body Works, 2000 Curve Crest Blvd., asked if the sidewalks were being put in because of the hospital, Courage Center, or other residential needs. The business owners wanted to know the reasoning because they did not feel their businesses would benefit by the sidewalks yet they were the properties that would be assessed. He suggested waiting on the decision to put in sidewalks until after the area was developed. He expressed support for the street overlay. 2 , City Council Meeting No. 98-5 February 20, 1998 2. Leonard Feely, 183 Cottonwood Court, stated the section near Schoonover Body Works is low, collects water, and keeps breaking up. City Engineer Eckles concurred and stated storm sewer (" work and various other options are being considered for this area. 3. Don Rice, Stillwater Veterinary Clinic, 2020 Curve Crest Blvd., stated he supported the resurfacing but was opposed to the sidewalk construction. Sidewalks would be of no benefit to his business. If a sidewalk system was necessary, he asked Council consider other alternatives. 4. Susan Baker, representing a company that owns two properties affected by the project, objected to businesses being assessed for the sidewalks when the sidewalks were requested by residential users. 5. Dick Schoonover, Schoonover Body Works, 2000 Curve Crest Blvd., asked why only the north side of the street was being assessed. City Engineer Eckles responded the assessment policy states the abutting property is assessed for the improvement. Typically both sides of the street have a sidewalk and would therefore each be assessed. In this case, only one side will have a sidewalk; if a sidewalk is put on the other side also, that side would then be assessed. If the sidewalk is changed to a trail, then a different assessment policy would be used and the assessment could be split to both sides. Mr. Schoonover also objected to the business being responsible for shoveling the sidewalk. o 6. Peter Polga, director of Courage St. Croix, 1460 Curve Crest Blvd., encouraged the construction of the walking path, stating it was a community issue. In response to having an alternate route on Washington Avenue, he stated people in wheelchairs would still use Curve Crest because they will seek the shortest route. He asked Council to consider the safety issues not only for those in wheelchairs but also for the increasing number of bikers, joggers, and walkers. The Mayor closed the public hearing. Council determined they would adopt the report for street reconstruction and hold the sidewalk construction portion of the project for further study. Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution 98-45 ordering improvement and preparation of plans and specifications for Curve Crest Boulevard Street Rehabilitation, Project 9803. Ayes: Nays: Absent: Councilmembers Zoller, Thole, Cummings and Mayor Kimble. None. Councilmember Bealka. (Next item taken out of order) COMMUNlCATIONSIREOUESTS r 1. Marguerite Rheinberger - Request to transfer leadership of celebration for sesquicentennial celebration of the Minnesota Territorial Convention to the City of Stillwater Chamber of Commerce. City Coordinator Kriesel presented a request from Marguerite Rheinberger for a contribution of 3 . City Council Meeting No. 98-5 February 20, 1998 r $5000 for the celebration of the Minnesota Territorial Convention Sesquicentennial Celebration. Council had appointed a committee to organize the celebration. However, due to a conflict in schedules, the committee will be unable to complete the duties required. She asked the leadership be transferred from the committee to the City of Stillwater Chamber of Commerce, and all funds collected by the City for this event be made available to the Chamber for this event. Susan Smith, City of Stillwater Chamber of Commerce, was present to confirm the Chamber's interest in assuming the duties. Motion by Councilmember Thole, seconded by Councilmember Zoller approving transfer of leadership of the celebration for the sesquicentennial celebration of the Minnesota Territorial Convention to the City of Stillwater Chamber of Commerce, and directing the City underwrite $5000 funding for the celebration and try to obtain funds from local foundations. All in favor. UNFINISHED BUSINESS 1. Second reading of Ordinance 854 and Ordinance 855, approving zoning ordinance and map amendments ZAT 98-1,98-2,98-3,98-4, and ZAM 98-1, 98-2, 98-3, 98-4, and 98-5. (fIrst reading Feb. 3, 1998) Motion by Councilmember Thole, seconded by Councilmember Zoller to have the second reading of Ordinance 854, amending Chapter 31 of the Stillwater City Code entitled "Zoning" by establishing four (4) new zoning districts entitled: Lakeshore Residential District (LR); Traditional Residential District (TR); Cottage Residential District (CR) and Townhouse Residential District (TH). r Ayes: Nays: Absent: Councilmembers Zoller, Thole, Cummings and Mayor Kimble. None. Councilmember Bealka. Motion by Councilmember Thole, seconded by Councilmember Zoller to have the second reading of Ordinance 855, amending the zoning ordinance of the City of Stillwater by rezoning (AP) to (LR), (TR), (CR), and (VC) and adopting an amendment to the official zoning map of the City to reflect the rezoning. Ayes: Nays: Absent: Councilmembers Zoller, Thole, Cummings and Mayor Kimble. None. Councilmember Bealka. 2. Results of Joint Board Meeting of February 4, 1998, for Council review and approval. r Community Development Director Russell reported the Stillwater City and Town Joint Board reconvened their meeting of January 28, 1998, after the Council's public hearing on February 3,1998. The Joint Board approved the expansion area public hearing items as required by the orderly annexation agreement. The Joint Board encouraged the City to include the removal of buck thorn as part of the Forest Management Plan; recommended the City temporarily close 62"" Street before the beginning of construction of the Legends project (preferably at the west end); and agreed with the City's motion regarding possible purchase of the wooded area by the City. Motion by Councilmember Thole, seconded by Councilmember Zoller receiving the report and 4 - City Council Meeting No. 98-5 February 20, 1998 adopting the fIDdings of the City and Town Joint Board meeting of February 4, 1998. All in favor. (' NEW BUSINESS 1. Aiple lease property: a) Request to obtain survey b) Approving lease extension agreement City Coordinator Kriesel explained the extension agreement contains all provisions requested by Council. The agreement is for a limited extension (to December 31, 1998) for the south 1200 feet of the property and allows the City entry into the remaining property prior to the expiration of the lease September 22, 1998, except that the City may not interfere with Aiple's remaining "winding up" activities. He also stated the City Attorney recommended having the property surveyed at this time. He reported Barry Stack is currently surveying the north end of the Aiple property and would be able to survey the city portion of the Aiple property in conjunction with the other work, which would be a significant cost savings. Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution 98-46 approving the addendum and limited extension agreement (September 22, 1998 to Dec. 31, 1998) with Stillwater St. Croix Barge Terminal, Aiple Towing Company, and Elaine J. Aiple. (' Ayes: Nays: Absent: Councilmembers Zoller, Thole, Cummings and Mayor Kimble. None. Councilmember Bealka. Motion by Councilmember Thole, seconded by Councilmember Cummings authorizing Barry Stack to conduct a survey of the Aiple property commonly known as the Barge Terminal property, for an approximate cost of $2000. All in favor. 2. Authorization to conduct an easement survey for sale of the Colonial Craft site to Lakeview Hospital. City Attorney Magnuson reported a condition of the sale of the property to Lakeview Hospital is that the City finalize the ponding drainage and maintenance agreement that is constructed partially on the City's property. A survey must be done to locate not only the drainage easements on each of the contributing parcels, but also the descriptions for the cross easements for the pond itself. The hospital's attorneys have asked this be completed before closing. Motion by Councilmember Thole, seconded by Councilmember Cummings authorizing Barry Stack to conduct a survey of the Colonial Craft site for sale of property to Lakeview Hospital. All in favor. r COUNCIL REOUEST ITEMS Councilmember Zoller requested staff remove some hazardous trees overhanging City streets. 5 . ' . City Council Meeting No. 98-5 . February 20, 1998 STAFF REPORTS r Community Development Director Russell requested Council authorize expenditures that are necessary to complete DNR grant applications for the Long Lake area as directed by Council at the February 17 meeting. Motion by Councilmember Zoller, seconded by Councilmember Cummings authorizing staff to proceed with DNR grant applications for the expansion area and authorizing necessary expenditures. All in favor. City Engineer Eckles updated Council on the Phase I trunk utility project. He anticipated the development agreement will be presented for fmal approval at the March 3 meeting. ADJOURNMENT Motion by Councilmember Cummings, seconded by Councilmember Zoller to adjourn at 8:20 p.m. All in favor. ("" Attest: rr; ,.J .'. I ~)~ ~ L..... City Clerk Resolution 98-41: Directing Payment of Bills. Resolution 9842: Memorandum of Agreement for Drop Off Center Recycling Grant Distribution. Resolution 98-43: Municipal Licenses for sidewalk use - Marlene's Deli, Savories, and Stillwater Grill. Resolution 98-44: Commending Captain Tim Bell for over thirty years of dedicated service to the Stillwater Police Department. Resolution 98-45: Ordering Improvement and preparation of plans and specifications for Curve Crest Boulevard Street Rehabilitation, Project 9803. Resolution 98-46: Approving addendum and limited extension agreement (September 22, 1998 to Dec. 31, 1998) with Stillwater St. Croix Barge Terminal, Aiple Towing Company, and Elaine J. Aiple. r 6