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Home My WebLink About1997-12-02 CC MIN . '1 r r (' L lp," CITY OF STILLWATER CITY COUNCIL MEETING NO. 97-30 December 2, 1997 REGULAR MEETING 4:30 P.M. The meeting was called to order by Mayor Kimble at 4:41 p.m. Present: Councilmembers Bealka, Zoller and Mayor Kimble Absent: Councilmembers Cummings (arrived 4:45) and Thole Also present: City Coordinator Kriesel City Attorney Magnuson Community Development Director Russell Finance Director Deblon City Engineer Eckles Police Chief Beberg Acting Fire Chief Barthol Administrative Secretary Holman Press: Julie Kink, Courier Mike Marsnik, Stillwater Gazette STAFF REPORTS 1. Police Chief Beberg reported that the Police Department has enough funds in the forfeiture account to purchase handguns. This is being done in order to standardize handguns for the officers. The Department will be purchasing 25 hand guns, ammunition magazines, holsters and double magazine carriers. The City will be selling 20 handguns and 3 shotguns on consignment. Chief Beberg explained that 3 of these guns were purchased with forfeiture funds and 3 were confiscated; therefore, he requested that the proceeds of 6 of the handguns go back into the forfeiture account. Proceeds from the other 14 handguns and 3 shotguns will go into the general fund. Motion by Councilmember Bealka, seconded by Councilmember Zoller approving the purchase of handguns and related equipment and the sale of old handguns with the proceeds allocated as requested. All in favor. 2. Community Development Director Russell explained that Phase I expansion area development plans have been submitted and are being reviewed for the Planning Commission/Joint Board meeting. He is requesting authority to retain Bonestroo, Rosene and Anderlik to assist with AUAR mitigation plan review and Roger Tomten, Tomten Environmental Design, to assist with project design review. Motion by Councilmember Olmmings, seconded by Councilmember Zoller to adopt Resolution 97- 283 approving contract for services Bonestroo, Rosene, Anderlik and Associates, Inc. for AUAR mitigation plan review for Phase I expansion area. All in favor. Ayes: Nays: Absent: Councilmembers Zoller, Cummings, Bealka and Mayor Kimble None Councilmember Thole ',. "'City Council Meeting No. 97-30 December 2, 1997 (' Motion by Councilmember Cummings, seconded by Councilmember Zoller to adopt Resolution 97- 284 approving proposal for service of Roger Tomten, Tomten Environmental Design, for project design review services for expansion area development plans. Ayes: Nays: Absent: Councilmembers Zoller, Cummings, Bealka and Mayor Kimble None Councilmember Thole 3. City Attorney Magnuson reported that the Metropolitan Council has requested City support for inclusion of the interstate bridge project in the 1998-2000 Metropolitan Transportation Improvement Plan that is being challenged in the Court of Appeals by the Minnesota Center for Environmental Advocacy. The request is for the City to file an Amicus Curiae Brief in the Court of Appeals. Motion by Councilmember Zoller, seconded by Councilmember Cummings approving request from Metropolitan Council for support of inclusion of the Interstate Bridge project in the 1998-2000 Metropolitan Transportation Improvement Plan and directing City Attorney Magnuson to me an Amicus Curiae Brief in the Court of Appeals stating the City's position. All in favor. City Attorney Magnuson also requested that the City Council approve an Agreement between the City of Stillwater and Colonial Craft to free the land and clear the title for sale. (' Motion by Councilmember Zoller, seconded by Councilmember Olmmings to adopt Resolution 97- 286 approving Agreement to terminate a development agreement between the City of Stillwater and Colonial Craft. Ayes: Nays: Absent: Councilmembers Zoller, Cummings, Bealka and Mayor Kimble None Councilmember Thole 4. City Coordinator Kriesel reported that he had been contacted by a resident whose property is in the annexation area who expressed concern with the provision in the Orderly Annexation Agreement regarding the rural tax rate adjustment. The resident understood that his tax rate would be 50% of the urban or city rate. However, his tax rate was actua1Iy about 75 % of the urban rate. City Coordinator Kriesel informed Council that this provision, by state law, can only apply to the general tax levy and not to the debt levy and that the tax rate is actually higher than it was understood to be. City Coordinator Kriesel also noted that Jim Grothaus completed his internship with the Engineering Department. (' Motion by Councilmember Bealka, seconded by Councilmember Zoller to adopt Resolution 97-285 commending Jim Grothaus for his dedicated service to the City of Stillwater during his 1 Ih year internship with the Engineering Department. Ayes: Nays: Absent: Councilmembers Zoller, Olmmings, Bealka and Mayor Kimble None Councilmember Thole 2 "1 "'City Council Meeting No. 97-30 December 2, 1997 (' Motion by Councilmember Bealka, seconded by Councilmember Zoller to recess at 5:12 p.m. All in favor. c#//C:~ Attest: ----liJ&lJJ;, it l( OJ"^ - . t City Clerk CITY OF STILLWATER CITY COUNCIL MEETING NO. 97-30 December 2, 1997 RECESSED MEETING 7:00 P.M. The meeting was called to order by Mayor Kimble at 7: 13 p.m. Present: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble (' Also Present: City Coordinator Kriesel City Attorney Magnuson City Engineer Eckles Finance Director Deblon Administration Secretary Holman Press: Julie Kink, Courier Mike Marsnik, Stillwater Gazette APPROVAL OF MINUTES Motion by Councilmember Cummings, seconded by Councilmember Thole to approve minutes of November 18, 1997, Regular Meeting. All in favor. OPEN FORUM John Heilman informed the Council that there is a lot of speeding on Owens and McKusick Lake Road and requested that something be done to prevent this from happening in the future. Mayor Kimble informed him that those are county roads with a speed limit of 30 mph and that he should also contact the Washington County Sheriffs Department. However, Mayor Kimble will advise the Stillwater Police Department of the problem. r CONSENT AGENDA* Motion by Councilmember Thole, seconded by Councilmember Cummings to approve the consent agenda. 3 " 'City Council Meeting No. 97-30 December 2, 1997 Ayes: Councilmembers Zoller, Thole, Olmmings, Bealka and Mayor Kimble. Nays: None. (' 1. Resolution 97-275: Directing Payment of Bills 2. Contractor Licenses: Fire & Safety II, Inc., (New) 3. Resolution 97-276: Gambling Premises Permit Renewal - Climb Inc., at Harbor Bar 4. Resolution 97-277: Approving amendment to Flood Hazard Mitigation Grant Agreement. 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 26, 1997. Finance Director Deblon explained the tax levy process and how monies are spent. The Mayor opened the public hearing. There were no requests to be heard. The Mayor closed the public hearing. (No action necessary at this time) UNFINISHED BUSINESS (' 1. Received Report-Trunk sewer and water feasibility study for expansion area, Project 9626A. City Engineer Eckles snmmarized the project report, and Dick Moore gave a presentation on the sanitary sewer trunk and water main trunk. Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt Resolution 97-278 receiving report on sanitary sewer and watermain trunk improvements to serve Phase I annexation area. (Project 9726A). Ayes: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble. Nays: None. Recess at 8:29 p.m. 2. Renewal of tobacco licenses for 1998. Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt Resolution 97-279 renewing tobacco licenses for 1998. Ayes: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble. Nays: None. (' NEW BUSINESS 1. Request for Feasibility Report for Washington Avenue median cut. City Engineer Eckles reported a petition had been received from Iver Kammerud and Gale 4 . . ," r (' r ------ ~'City Council Meeting No. 97-30 December 2, 1997 Running, representatives of the owners of the property on the west side of Washington Avenue between Highway 36 and Tower Drive requesting modifications to the center median and turn lanes that would allow additional access to these properties. Staff recommended the preparation of the report be ordered, subject to receiving an escrow of $2,500 and verifying the proper format of the petition. Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution 97- 280 declaring adequacy of petition and ordering preparation of report for median reconstruction to serve Lot 2, Block 1 and Lot 8, Block 2 Stillwater Industrial Park, Project 9804, subject to receiving an escrow of $2,500 and verifying the proper format of the petition. Ayes: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble. Nays: None. 2. Consideration of option to Local Board of Review process. City Coordinator Kriesel reported a letter had been received from the Washington County Assessor's Office informing the City of new legislation which gives cities that contract with the County for assessing services the option of transferring the City's Board of Review duties to the County. This option was passed to address problems which existed around the State concerning board of review lacking a quorum or not performing as the law describes. The transfer of duties may be permanent or for a specified number of years, but cannot be for less than three years. The County requested the City respond in writing. Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt Resolution 97-282 approving the transfer of the City's Board of Review duties to Washington County for a period of three years. Ayes: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble. Nays: None. COMMUNICATIONS/REOUESTS 1. City of Stillwater Chamber of Commerce - Request to place luminaries on South Main Street steps. Motion by Councilmember Thole, seconded by Councilmember Bealka adopting request of the City of Stillwater Chamber of Commerce to place luminaries on South Main Street steps on December 20, 1997. All in favor. 2. League of Minnesota Cities - Request for resolution supporting Minnesota Department of Health study of mobile home parks. Motion by Councilmember Bealka, seconded by Councilmember Thole adopting Resolution 97-281 supporting the Minnesota Department of Health study of mobile home parks. 5 ',4, " .\ 'City Council Meeting No. 97-30 r r (' December 2, 1997 Ayes: Councilmembers Zoller, Thole, O.mmil1gs, Bealka and Mayor Kimble. Nays: None. 3. City of Stillwater Chamber of Commerce - Request for use of three parking spaces in parking lot for dog cart rides, Saturday, Dec. 20. This item was referred to Community Development Director Steve Russell. ADJOURNMENT Motion by Councilmember Bealka, seconded by Councilmember Thole to adjom the meeting at 9:02 p.m. All in favor. ~/ ~'~i Attest: --I1J......J:, tJ 1~jl/Y) City Clerk Resolution 97-275 Directing Payment of Bills. Resolution 97-276 gambling Premises Permit Renewal - Climb Inc., at Harbor Bar. Resolution 97-277 approving amendment to Flood Hazard Mitigation Grant Agreement. Resolution 97-278 receiving report on sanitary sewer and watermain trunk improvements to serve Phase I annexation area. (Project 9726A). Resolution 97-279 renewing tobacco licenses for 1998. Resolution 97-280 declaring adequacy of petition and ordering preparation of report for median reconstruction to serve Lot 2, Block 1 and Lot 8, Block 2 Stillwater Industrial Park, Project 9804, subject to receiving an escrow of $2,500 and verifying the proper format of the petition. Resolution 97-281 supporting the Minnesota Department of Health study of mobile home parks. Resolution 97-282 approving the transfer of the City's Board of Review duties to Washington County for a period of three years. Resolution 97-283 approving contract for services Bonestroo, Rosene, Anderlik and Associates, Inc. for AUAR mitigation plan review for Phase I expansion area. Resolution 97-284 approving proposal for service of Roger Tomten, Tomten Environmental Design, for project design review services for expansion area development plans. Resolution 97-285 commending Jim Grothaus for his dedicated service to the City of Stillwater during his 1 I/z year internship with the Engineering Department. Resolution 97-286 approving Agreement to terminate a development agreement between the City of Stillwater and Colonial Craft. 6