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HomeMy WebLinkAbout1997-06-03 CC MIN . . n , ) {', r". CITY OF STILLWATER CITY COUNCIL MEETING NO. 97-14 June 3, 1997 REGULAR MEETING 4:30 P.M. The meeting was called to order by Mayor Kimble at 4:30 p.m. Present: Councilmembers Bealka, Cummings, Zoller and Mayor Kimble Absent: Councilmember Thole Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon Police Chief Beberg Park Director Thomsen City Engineer Eckles Administrative Assistant Cordes City Clerk Weldon Press: Julie Kink, The Courier Mike Marsnik, Stillwater STAFF REPORTS 1. Finance Director Pursuant to Council direction, Finance Director Deblon reported a Request for Proposal (RFP) for Bond Counsel services had been prepared and would be sent out next week if Council approves. RFP's would be due back on July 1. Recommendation to Council would be presented no later than September 30,1997. Motion by Councilmember Zoller, seconded by Councilmember Cummings approving for circulation the Requests for Proposals for Bond Counsel services, as presented. All in favor. (Thole absent) 2. Police Chief Police Chief Beberg requested emergency lighting equipment for two squad cars; preliminary breath tester; and the purchase ofa laptop computer (on consent agenda). I (\ (' {". City Council Meeting No. 97-14 June 3, 1997 3. Parks & Recreation Parks Director Thomsen requested authorization to hire seasonal laborers and lifeguards and to purchase weed whips and push mowers. (on consent agenda) 4. City Engineer City Engineer Eckles reported the sweeping of City streets is a month behind schedule due to flood prevention/cleanup activities. He stated a contractor was hired to assist with the sweeping but the cost is now over budget. He requested Council direction. Motion by Councilmember Zoller, seconded by Councilmember Cummings authorizing the continuation of street sweeping by contractor. All in favor. Council commended Department Heads for their dedication and noted they were on the job round-the-clock during the flooding and cleanup. Council directed City Coordinator Kriesel to document overtime of Department Heads for possible payment. 5. City Attorney City Attorney Magnuson reported a memo updating Council on litigation concerning the Stillwater Bridge and the rough draft of the brief he expected to file next week were included in the Council meeting packets. He also reported he had received reports from the Building Inspector and Fire Chief regarding serious zoning violation at 115 W. Myrtle Street which involved the conversion of the property into a six (6) unit rooming house in a two family district. He requested authority to seek a Court Order to close the building down until the building can be brought in compliance with zoning, building and fire codes. Motion by Councilmember Cummings, seconded by Councilmember Bealka authorizing the City Attorney to seek a Court Order to close the building located at 115 W. Myrtle Street until the building is brought into compliance with zoning, building and fire codes. All in favor. (Thole absent) 6. City Coordinator City Coordinator Kriesel reported Administrative Assistant Cordes had prepared information regarding the voice mail installation. Cordes explained the costs and the proposed cooperative agreement with Washington County Information Services to establish City access to the county's voice mail system. 2 (\ (". (". City Council Meeting No. 97-14 June3, 1997 (action on consent agenda) She also explained the need for a temporary mini-network for the Inspections Department which would enable them to use specialized Inspections software; this equipment would later be recycled into the permanent network. (action on consent agenda) City Coordinator Kriesel reported ISD 834 was holding an open house on June 13, 1997, for the retirement of David Wettergren, Superintendent of Stillwater Area Schools. Motion by Councilmember Cummings, seconded by Councilmember Bealka adopting Resolution 97-138, Commending David Wettergren for service as Superintendent of Stillwater Area Schools. All in favor. (Thole absent) Ayes: Nays: Absent: Councilmembers Bealka, Cummings, Zoller, and Mayor Kimble None Councilmember Thole City Coordinator Kriesel requested Council set a workshop for June 17 at 4 p.m. to discuss Aiple and Lowell Park plans. Motion by Councilmember Zoller, seconded by Councilmember Bealka setting workshop for June 17 at 4 p.m. to discuss Aiple and Lowell Park plans. All in favor. Al Ranum, representing the property owners of 115 W. Myrtle St., expressed dissatisfaction that the property owners were not given the opportunity to speak when action related to the property was taken earlier in the meeting. Mayor Kimble explained he had not been aware Mr. Ranum was attending the meeting for that agenda item at the time it was being discussed. Ed Cain, Legislative Associates, Inc., presented update on congressional activities related to the levee wall system and the proposed interstate bridge. Motion by Councilmember Cummings, seconded by Councilmember Zoller amending contract with Legislative Associates, Inc., authorizing continuation of work related to interstate bridge through the balance of 1997. All in favor. Mayor recessed the meeting at 5:55 p.m. ",44/// ATTEST: Mor\i 3 ('\ (\ ("'. City Council Meeting No. 97-14 June 3, 1997 CITY OF STILLWATER CITY COUNCIL MEETING NO. 97-14 June 3, 1997 RECESSED MEETING 7:00 P.M. The meeting was called to order by Mayor Kimble at 7:00 p.m. Present: Councilmembers Bealka, Cummings, Zoller, Thole and Mayor Kimble Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon Community Development Director Russell City Engineer Eckles City Clerk Weldon Planning Commission Chairperson Fontaine Press: Julie Kink, The Courier Mike Marsnik, Stillwater APPROVAL OF MINUTES Motion by Councilmember Bealka, seconded by Councilmember Cummings approving the May 20, 1997, Special and Regular Meetings and Executive Session minutes. All in favor. PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS I. Library Board - Presentation of Centennial T-shirts. Members of the Stillwater Library Board presented Council with t-shirts commemorating the Stillwater Public Library Centennial Celebration. 2. David Piggott, Metro East Development Partnership Mr. Piggott presented Council with an overview of the activities ofthl; MEDP. 3. Commending David Wettergren for service as Superintendent of Stillwater Area Schools Action was taken at 4:30 meeting. OPEN FORUM 1. John Cowen, 202 Crestview Terrace, expressed his concerns regarding no legal public area to skateboard in the City. He suggested Ramsey Park be repaved and stated local skateboarders would be willing to help with fundraising. City Coordinator Kriesel reported the discussion of a location for skateboarding is planned for the June 23 Park and Recreation Board meeting. 4 (". ~. (" City Council Meeting No. 97-14 June 3, 1997 CONSENT AGENDA. Motion by Councilmember Thole, seconded by Councilmember Zoller approving the consent agenda. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 1. 2. 3. 4. 5. 6. 7. 8. 9. Resolution 97-127: Directing Payment of Bills. Taxi License: Aspen Travel Services Resolution 97-137: Contract with Washington Co. for voice mail services Purchase of weed whips and push mowers - Parks Dept. Temporary 3.2% on-sale license - Ball Tournament at Lily Lake, June 21-23, Cat Ballous Resolution 97-128: Employment of Temporary summer workers Authorization for exemption from lawful gambling license - Church of St. Michael Utility Bill adjustments Authorizing Mayor and Councilmember to sign Certification of Local Performance Measures Purchase of Preliminary Breath Tester - Police Dept. Purchase of two computer work stations and printers - Police Dept. Resolution 97-129: Employment of Secretary - Administration 1-4 day Temporary On-sale Liquor License - St. Mary's Church, Sept. 7,1997 Installation of temporary computer network - Building Dept. 10. 11. 12. 13. 14. PUBLIC HEARINGS I. Case No. SUP/DR/97-23. This is the day and time for the public hearing to consider an appeal of the Planning Commission's decision by Fred Francis for a special use permit for a hot dog stand at 213 N Main Street in the CBD, Central Business District. Notice of the hearing was placed in the Stillwater Gazette on May 23, 1997, and notices mailed to affected property owners. Community Development Director Russell summarized the request. Jerry Fontaine, Planning Commission Chair, reported on the denial by the Planning Commission stating the Commission was influenced by local business opposition. The Mayor opened the public hearing. Fred Francis, applicant, offered to amend his hours of operation from 8 p.m. to 1 :30 a.m. which would no longer compete with existing businesses. Magnuson reported opposition by competitors is not a basis for denial; a denial must be based on the health and safety of the community. Speaking in opposition to the request were the following: Sandra Hudson, Stillwater Grill, and owner of North End Coney Island. Concerns were expressed relating to trash, 5 (\ (' o City Council Meeting No. 97-14 June3,1997 bathroom facilities, and fairness regarding businesses that pay taxes year-round. The Mayor closed the public hearing. Motion by Councilmember Cummings, seconded by Mayor Kimble approving special use permit for hot dog stand at 213 N. Main St. 2-3 (Councilmembers Thole, Bealka, Zoller nay) Motion defeated. 2. Case No. SUP/97-26. This is the day and time for the public hearing to consider an appeal of the Planning Commission's decision by Truett and Jill Lawson for a special use permit for the modification of a bed and breakfast to increase the number of rooms from five existing to seven at 807 Harriet Street in the RB, Two Family Residential District. Notice of the hearing was placed in the Stillwater Gazette on May 22, 1997, and notices mailed to affected property oWners. Community Development Director Russell reviewed the request. Planning Commission Chair Fontaine explained the Commission's denial, stating the Commission determined the current ordinance regulating Bed and Breakfasts should be followed. The Mayor opened the public hearing. Truett Lawson, applicant, explained his appeal of Planning Commission's decision was based on the uniqueness of the property; the structures are on two properties, and the request was to add two rooms to the structure approved by Special Use Permit for one room. The Mayor closed the public hearing. Council discussed objections of adjoining property owner Margaret Glennon, 812 S. Harriet Street, (Jetter submitted) regarding parking, garbage, lighting, and fencing. Council determined an approval would be subject to the conditions of approval and the items listed in the Lawson's May 30 letter to Councilmember Zoller. Motion by Councilmember Thole, seconded by Councilmember Cummings approving special use permit for the modification of a bed and breakfast to increase the number of rooms from five existing to seven at 807 Harriet Street, as conditioned. All in favor. Mayor Kimble recessed at 8:15 p.m. and reconvened at 8:30 p.m. 3. Case No. V/97-19. This is the day and time for the public hearing to consider a variance to the bluftland/shoreland setback from river at 422 East Mulberry Street (Stillwater Yacht Club) in the CBD, Central Business District, Bluftland/Shoreland and Flood Plain Overlay Districts. Julianne Fiedler, representing Marina Development, Inc., applicant. Notice of the hearing was placed in the Stillwater Gazette on May 23,1997, and notices 6 r (' o City Council Meeting No. 97-14 lune3, 1997 mailed to affected property owners. Community Development Director Russell reviewed the request for an after-the-fact approval of an existing deck structure. The City was notified by the DNR that the deck did not meet bluftland/shoreland regulations. He reported the Planning Commission approved the variance, finding the deck is visually inconspicuous in summer months as viewed from the river. Community Development Director Russell explained Council action on the variance will need to be approved by the commissioner of the DNR before the Council action takes effect. The Mayor opened the public hearing. Julianne Fiedler, counsel for Marina Development, Inc., d/b/a Stillwater Yacht Club, presented the request for variance. Photographs were distributed showing the deck to be visually inconspicuous from the river. Molly Shodeen, MN DNR, stated she does not have the ability to make exception or distinction between the requirements for commercial and residential property. She stated the DNR is in opposition to the granting of the deck variance. The Mayor closed the public hearing. Council directed information on sedimentation control parking lot, and all staff submittals to be part of the record. Motion by Councilmember Thole, seconded by Councilmember Zoller directing City Attorney to prepare findings of fact for approval of a variance for construction of an existing Deck without required view setback. All in favor. UNFINISHED BUSINESS 1. Ron Langness, Springsted Public Finance Advisors. Mr. Langness presented information regarding issuance, awarding sale, prescribing the form and details and providing for payment of $705,000 General Obligation Capital Outlay Bonds, Series 1997A and $485,000 General Obligation Improvement Bonds, Series 1997B. Motion by Councilmember Thole, seconded by Councilmember Bealka adopting Resolution 97- 130, Authorizing issuance, awarding sale, prescribing the form and details and providing for payment of $705,000 General Obligation Capital Outlay Bonds, Series 1997A. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 7 r (' (\ City Council Meeting No. 97-14 June 3, 1997 Motion by Councilmember Thole, seconded by Councilmember Bealka adopting Resolution 97- 131, Authorizing issuance, awarding sale, prescribing the form and details and providing for payment of $485,000 General Obligation Improvement Bonds, Series 1997B. All in favor. Ayes: Councilmembers Bealka, Cummings, Thole, ZolJer and Mayor Kimble Nays: None 2. Bob Ballantine, Compass Development - Sports Facility fundraising Mr. Ballantine presented Council with his recommendations for the Public Phase of the St. Croix Valley Sports Facility Complex fundraising efforts. Motion by Councilmember Cummings, seconded by Councilmember Bealka accepting report of Compass Development Services for campaign recommendations for the St. Croix Valley Sports Facility Complex and setting workshop for 4 p.m. June 17. All in favor. 3. Second reading of ordinance extending the moratorium on the granting of any permits for cellular and PCS towers. Motion by Councilmember Thole, seconded by Councilmember Cummings approving the second reading of ordinance extending the moratorium on the granting of any permits for cellular and PCS towers (90 days). Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 4. Approving contract for grading of Meadowlark Park Community Development Director Russell reported the City received bids for the grading of Meadowlark Park to improve drainage problems. He reported this improvement is being coordinated with neighbors. Motion by Councilmember Thole, seconded by Councilmember Zoller adopting Resolution 97- 132, Approving contract with Rehbein Excavating Inc. for grading of Meadowlark Park. Ayes: Nays: Absent: Councilmembers Bealka, Thole, Zoller and Mayor Kimble None Councilmember Cummings 5. Feasibility Study proposal for Browns Creek Improvement Project. Community Development Director Russell reported the AUAR mitigation plan protection strategy calls for the diversion of discharge from Long Lake to wetlands north of McKusick Lake. In order to validate the diversion strategy, a feasibility study is required. Sherri Buss, Bonestroo, Rosene, Anderlik and Assoc. (authors of AUAR) presented a proposal. Russell also reported Short Elliott Hendrickson had submitted a letter of 8 ('" (" (\ City Council Meeting No. 97-14 June3, 1997 interest. Motion by Councilmember Cummings, seconded by Councilmember Thole adopting Resolution 97-133, Accepting proposal of Bonestroo, Rosene, AnderJik and Assoc. and Ordering Feasibility Study for Brown's Creek Improvement Project. Ayes: CounciImembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None The Mayor recessed at 9:40 p.m and reconvened at 9:50 p.m. NEW BlJSINESS 1. Water Board Request for sale of water tank site in Block 2 of Oak Glen 7th Addition. Council received a request by the Board of Water Commissioners to sell a lot they purchased in Oak Glen that was to be used for an elevated tank. Because this lot no longer fits the requirements to provide service to the area, they requested the lot be sold and the monies from the sale apply to the purchase of a different parcel. Council stated approval would be contingent upon the City being considered as a possible purchaser of the property. Motion by Councilmember Thole, seconded by Councilmember Bealka approving sale of water tank site in Block 2 of Oak Glen 7th Addition. All in favor. 2. Pioneer Park Retaining Wall Reconstruction Project, Job. No. 9720 City Engineer Eckles presented the plans and specifications for the Pioneer Park Retaining Wall. Motion by Councilmember Cummings, seconded by Councilmember Zoller adopting Resolution 97-134, Approving Plans & Specifications and Ordering Advertisement for Bids for Pioneer Park Retaining Wall Reconstruction Project, Job. No. 9720. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 3. 1997 Street Improvements (South 2nd Street and surrounding areas), Job No. 9716 City Engineer Eckles presented the plans and specifications for the 1997 Street Improvements. Motion by Councilmember Thole, seconded by Councilmember Cummings adopting Resolution 97-135, Approving Plans and Specifications and Ordering Advertisement for Bids for 1997 Street Improvements (South 2nd Street and surrounding areas), Job No. 9716. 9 (' (' (' City Council Meeting No. 97-14 June 3, 1997 Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 4. Report: Croixwood Boulevard City Engineer Eckles reported that, at Council request, staff has examined the condition of Croixwood Boulevard. He recommended Council consider including Croixwood Boulevard in the City's rehabilitation program in the near future. Motion by Councilmember Bealka, seconded by Councilmember Thole adopting Resolution 97- 136, Ordering preparation offeasibility report for Croixwood Boulevard Rehabilitation Project. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 5. First reading of ordinance amending the Wild Animal Ordinance in City Code, Section 27.01. City Attorney Magnuson explained Cindy Jacobson, Animal Control Officer, and Leo Miller have concerns regarding the present ordinance which permits fox. They have observed a kennel with two fox and because of the noise and smell of these animals, it makes them inappropriate to have them within the City. He recommended amending the Wild Animal Ordinance in City Code, Section 27.01. to include foxes within the definition of Wild Animals and prohibit animals that require special game permits. Motion by Councilmember Thole, seconded by Councilmember Bealka approving the first reading of ordinance amending the Wild Animal Ordinance in City Code, Section 27.01. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None COUNCIL REOUEST ITEMS Councilmember Zoller reported he had received several complaints from residents regarding the lack of notification of street closure for the bike race held the previous Sunday. He requested all future approvals stipulate neighbors be notified in advance. Councilmember Bealka reported receiving several complaints regarding the noise from the new carwash. STAFF REPORTS (continued) City Coordinator Kriesel referred to Russell's memo regarding the availability of a 24 10 ~. (' (' City Council Meeting No. 97-14 June3,1997 acre site (Rivard) at the comer of Boutwell and CR 15 for a community park. He suggested Council consider a joint purchase with ISD 834 and/or other cities. City Engineer Eckles requested the transfer of a decommissioned police car (planned for June auction) to Engineering. Motion by Councilmember Bealka, seconded by Councilrnember Thole authorizing transfer of decommissioned Unit #204 from Police Department to Engineering Department. All in favor. ADJOURNMENT Motion by Councilmember Cummings, seconded by Councilmember Thole to adjourn at 10:30 p.m. Ja~~ ATTEST: ~.\ (1'\,lri",.- Modi eldon, City Clerk Resolution 97-127: Directing Payment of Bills. Resolution 97-128: Employment of Temporary summer workers Resolution 97-129: Employment of Secretary - Administration Resolution 97-130, Authorizing issuance, awarding sale, prescribing the form and details and providing for payment of $705,000 General Obligation Capital Outlay Bonds, Series 1997 A. Resolution 97-131, Authorizing issuance, awarding sale, prescribing the form and details and providing for payment of $485,000 General Obligation Improvement Bonds, Series 1997B. Resolution 97-132, Approving contract with Rehbein Excavating Inc. for grading of Meadowlark Park. Resolution 97-133, Accepting proposal of Bonestroo, Rosene, Anderlik and Assoc. and Ordering Feasibility Study for Brown's Creek Improvement Project. Resolution 97-134, Approving Plans & Specifications and Ordering Advertisement for Bids for Pioneer Park Retaining Wall Reconstruction Project, Job. No. 9720. Resolution 97-135, Approving Plans and Specifications and Ordering Advertisement for Bids for 1997 Street Improvements (South 2nd Street and surrounding areas), Job No. 9716. Resolution 97-136, Ordering preparation offeasibility report for Croixwood Boulevard Rehabilitation Project Resolution 97-137: Contract with Washington Co. for voice mail services Resolution 97-138, Commending David Wettergren for service as Superintendent of Stillwater Area Schools Ordtna.nce No. 838: An Ordinance Extending the Moratorium on the Granting of anr Permits for Cellular and PCS Towers 11