HomeMy WebLinkAbout1997-05-06 CC MIN
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CITY OF STILLWATER
CITY COUNCIL MEETING NO. 97-12
MAY 6,1997
REGULAR MEETING
4:00 P.M
The meeting was called to order by Mayor Kimble 4: 10 p.m.
Present: Councilmembers Bealka, Zoller and Mayor Kimble
Absent: Councilmember Cummings (arrived at 4:20 p.m.), Councilmember Thole (arrived
at 4:30)
Also present: City Coordinator Kriesel
City Attorney Magnuson
City Engineer Eckles
Police Chief Beberg
Fire Chief Ness
Administrative Secretary Ward
Press: Julie Kink, the Courier
Mike Marsnik, Stillwater Gazette
STAFF REPORTS
1.
Police Chief
ChiefBeberg stated that he had an item on the consent agenda regarding the purchase of
two preliminary breath testers. Action taken at 7:00 p.m. meeting.
2. Ci~Eneineer
City Engineer Eckles informed the Minnesota Pollution Control Agency Cleanup
Program. He recommended that the city enter the 2nd Street Parking Lot in this program
for the investigation of possible pollution.
Motion by Councilmember Zoller, seconded by Councilmember Bealka adopting Resolution
No. 97-112, Entering into an Agreement with the Minnesota Pollution Control Agency Cleanup
Program.
Ayes: Councilmembers Bealka, Zoller and Mayor Kimble.
Nays: None
Absent: Councilmembers Thole and Cummings.
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OTHER BUSINESS
1. Board of Review
Motion by Councilmember Zoller, seconded by Councilmember Bealka to accept the changes of
the Board of Review and authorize the City Clerk to forward the changes to the County. All in
favor.
2. COql ofEniineers - Sta~e II Levee Proiect
Tom Crump, Corps of Engineers and Jeff Johnson ofSEH described the grading of
Mulberry Point in preparation of Stage II of the Levee project.
Representatives from P.D. Pappys and the Stillwater Yacht Club expressed concern on
parking issues and access to their businesses.
After discussion on the issue of stockpiling the material City Engineer Eckles stated that
the best place to stockpile the materials would be south of Mulberry Point and the
gazebo.
Motion by Councilmember Zoller, seconded by Councilmember Thole directing staff to
stockpile the material in the area between the gazebo and the south point of Mulberry Point and
to continue to work with the Corps of Engineers on this project. All in favor.
Mayor Kimble asked that City Attorney Magnuson keep the Council informed on the
lease issue.
Motion by Councilmember Cummings, seconded by Councilmember Bealka directing City
Attorney Magnuson to negotiate the lease agreements with the affected business owners. All in
favor.
2. WorkshQp with Charter Commission
At the request of the Charter Commission, Kevin Frazell of the League of Minnesota
Cities, gave a dissertation on the Council/Manager form of government and answered
questions from the Council.
Motion by Councilmember Cummings, seconded by Councilmember Zoller to recess the
meeting at 6:20 p.m.
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ATTEST:
//;bLI ;;UClAd J
Diane Ward, Administrative Secretary
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CITY OF STILLWATER
CITY COUNCIL MEETING NO. 97-12
MAY 6, 1997
RECESSED MEETING
7:00 P.M.
The meeting was called to order by Mayor Kimble at 7: 15 p.m.
Present: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
Also present: City Coordinator Kriesel
City Attorney Magnuson
Finance Director Deblon
Community Development Director Russell
City Engineer Eckles
Administrative Secretary Ward
Press: Julie Kink, the Courier
Mike Marsnik, Stil1water Gazette
APPROVAL OF MINUTES
Motion by Councilmember Cummings, seconded by Councilmember BeaJka approving the April
1,1997 Executive Session; April 15, 1997, Special and Regular Meetings minutes. All in favor.
PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS
I. Commendation of flood control volunteers
Mayor Kimble thanked and commended Cub Scout Packs 114, 125,132,249 and Boy Scout
Troops 114, 125, 132,249,169 for their volunteers on the construction of the dike during the
1997 flood and proclaimed Wednesday, May 7,1997 as a day of appreciation and for
honoring the Cub Scout Packs, Boy Scout troops, and their leaders.
Motion by Councilmember Cummings, seconded by Councilmember Zoller adopting Resolution
No. 97-113, Commending Dike Construction Volunteers
2. Presentation of Heri~e Preservation A wards
Roger Tomten of the Heritage Preservation Commission presented the Heritage Preservation
Awards to businesses in relation to the fol1owing categories: Re-Use of a Building - The Grand
Banquet Hall; New Development - ABS Company Building; Facade on a Building - Loggers;
Signage - Sebastian Joe's Ice Cream Cafe.
3. Cynthia Gel1erman. City of Stil1water Chamber of Commerce - ReQJ1est for Sidewalk Sales
Cynthia Gel1erman of the City of Stillwater Chamber of Commerce requested Council
approval for Sidewalk Sales coordinated by the Chamber.
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City Council Meeting No. 97-12
May 6, 1997
Motion by Councilmember Bealka, seconded by Councilmember Cummings, approving the
Chamber coordinating Sidewalk Sales to be held on the following dates: Red Sidewalk Sale on
May 23, 24, 25, and 26,1997; White Sidewalk Sale on July 25, 26 and 27,1997 (during
LumbeIjack Days); Blue Sidewalk Sale on August 29, 30, 31, and September 1, 1997 with
business hours being 10:00 a.m. to 6:00 p.m. All in favor.
4. Authorizinl! Issuance and Sale of $705.000 General Obliiation Cll,pital Outlay Bonds. Series
1997 A and Authorizinw Issuance and Sale of $485.000 General Obliiation Improvement
Bonds. Series 1997B
Mr. Ron Langness addressed the subject of issuance and sale of General Obligation Capital
Outlay Bonds and General Obligation Improvement Bonds.
Councilmember Thole stated that he felt that the City should request RFPs for Bond Counsel.
Motion by Councilmember Thole, seconded by Councilmember Cummings adopting Resolution
97-101, Authorizing Issuance and Sale of $705,000 General Obligation Capital Outlay Bonds,
Series 1997 A.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
Nays: None
Motion by Councilmember Thole, seconded by Councilmember Bealka, adopting Resolution
No. 97-102, Authorizing Issuance and Sale of $485,000 General Obligation Improvement Bonds,
Series 1997B.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
Nays: None
Motion by Councilmember Thole, seconded by Councilmember Cummings directing staff to
prepare Request for Proposals (RFP) for Bond Counsel. All in favor.
CONSENT AGENDA
Motion by Councilmember Cummings, seconded by Councilmember Thole approving the
consent agenda.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
Nays: None
J. Resolution 97-100: Directing Payment of Bills.
2. Resolution 97-103: Temporary Employment of Robert Hamble - Parks Dept.
3. Approving temporary on-sale 3.2% malt liquor licenses: a) ball tournament May 16-17(MN
Computers; b) ball tournament May 30-31 (Dugout); c) VFW 323 - Rivertown Art Festival,
May 17-18.
4. Resolution 97-104: Consultant contract for computer network design
5. Contractors Licenses: Atlantis Pools, Inc., Brooklyn Center, MN; Tom Lessard Painting,
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City Council Meeting No. 97-12
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Mahtomedi, MN; Arch Spec Inc. (operable panel partitions), St. Louis Park, MN; Valley
Window Service, Bayport, MN.; AlIPhase Construction Co., Inc., Lakeland MN; Judd Orff
and Assoc., Stillwater, MN; Fuhr Trenching, Hugo MN; Skyner Construction, New
Richmond, WI; Peterson Construction, Stillwater, MN
6. Release of funds for first portion of 1997 capital budget - Library
7. Peddlers Permit - David Rochlin, Glow in Dark necklaces, July 4, 1997.
8. Resolution 97-105: Designating Jim Grothaus as Engineering Intern
9. Resolution 97-106: Approving Intergovernmental Agreement with Metropolitan Council for
monitoring of Lily Lake
10. Resolution 97-107: Employment of Jeff Dionisopoulos as temporary seasonal laborer -
Public Works
I 1. Purchase of two preliminary breath testers - Police Dept
12. Close and Transfer of bond fund #391
13. Exemption from Lawful Gambling License - Goodwill/Easter Seal raflle
14. Purchase of air conditioner - Finance Dept.
PUBLIC HEARINGS
I. This is the day and time for the public hearing to consider the draft Alternative Urban Area-
Wide Review (AUAR) for the annexation of 1800 acres from Stillwater Township. The area
includes all, or portions of, the following Sections; 19,20,29,30,31,21; Township 30N,
Range 20W; Washington County. Notice of the hearing was placed in the Stillwater Gazette
on April 29, 1997.
Sherri Buss and Tony DeMars of Mars of Bonestroo, Rosene, Anderlik and Associates, Inc.
presented the Council with the draft Alternative Area-Wide Review (AUAR) for the
annexation of 1800 acres from Stillwater Township.
The Mayor opened the public hearing.
John Roettger asked jfthe existing dike would be relocated further north, because when they
built it they put it in front of the springs instead of behind it.
Tony DeMars stated that the existing dike would be removed and placed further north past the
springs.
The Mayor closed the public hearing.
Motion by Councilmember Thole, seconded by Councilmember Zoller accepting and approving
the Alternative Urban Area-Wide Review (AUAR) and authorizing staff to proceed with the
AUAR process. All in favor.
Recessed at 8:20 p.m. Reconvened at 8:35 p.m.
UNFINISHED BUSINESS
1. Resolution 97-108: Approval of contract for National Guard Tr,,;n;ni Community Facility
deshm. services
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City Council Meeting No. 97-12
May 6, 1997
Motion by Councilmember Thole, seconded by Councilmember Zoller adopting Resolution No.
97-108, Approval of contract for National Guard Training Community Facility design services
contingent upon the review by Council.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
Nays: None
2. Resolution 97-109: Approval of Allreement for Qperation of downtown p~ parkin~ lots
Motion by Councilmember Thole, seconded by Councilmember Zoller adopting Resolution No.
97-109, Approval of Agreement for Operation of Downtown Pay Parking Lots, contingent upon
the review by Council.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
Nays: None
NEW BUSINESS
I. Determinini comer lot status for pm:poses of assessments (HeitrniIler)
City Attorney Magnuson informed Council that the resolution is to assure Mr. Don Heitmiller
of clarification of assessment for his comer lot.
Motion by Councilmember Cummings, seconded by Councilmember Thole adopting Resolution
97-110: Determining Corner Lot Status for Purposes of Assessments (Heitrniller)
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
Nays: None
2. Accej)tini Re.port and Orderini Plans and Specification - Pioneer Park Retainini Wall Job
212!!
Jeff Johnson of SEH presented the feasibility report for the Pioneer Park Retaining Wall.
After discussion, Council indicated that they would prefer to have the project bid to include
prices for the Quarry Stone Wall and the Concrete Form-lined Wall and then decide which
wall to install at Pioneer Park.
Motion by Councilmember Thole, seconded by Councilmember Cummings adopting Resolution
97-111, Accepting Report and Ordering Plans and Specification - Pioneer Park Retaining Wall
Job 9720 and directing staff to advertise the project to include bid prices for the Quarry Stone
Wall and the Concrete Formed-lined Wall.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
Nays: None
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City Council Meeting No. 97-12
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3. Reauest for outside seatini on Main Street
Requests from three downtown restaurants for outside seating were discussed.
Community Development Director Russell stated that he had contacted Mn/DOT and that the
agency was leaving this particular type of issue up to the local governing body.
After discussion, Council determined the need for a permits for this type of an arrangement so
that if there are any problems licenses can be retracted.
Motion by Councilmember Thole, seconded by Councilmember Cummings approving the
license for outside seating from Savories, Marlene's Deli and The StiUwater GriU and directing
City Attorney Magnuson to prepare those permits to include: seating area not to obstruct
pedestrian traffic; and area to be kept clean at all times. All in favor.
PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS (continued)
COMMlJN1CA TIONS/REOUESTS
1. Tad Leusch - County Cycle's Classic Criterium
City Coordinator Kriesel informed the Council that the persons organizing this race have been
working with Captain BeU of the Police Department.
Motion by Councilmember Bealka, seconded by Councilmember Cummings approving the
County Cycle's Classic Criterium on June 1st contingent upon the approval and coordination of
the Police & Public Works Department. AU in favor.
2. Robert Ballantine COlllPass - April activity r~ort for Sports Complex CampailPl
Council accepted the April activity Report for the Sports Complex.
3. Rivertown Commons - Garba.~e CoUection Costs
A request was received from Rivertown Commons to have the Council classify the Commons
as a business. Council directed the City Coordinator Kriesel to discuss this matter with United
Waste and report back to Council with a recommendation.
Councilmember Bealka stated that he received a call from a constituent regarding someone
putting a manhole in his yard at 709 Nightingale and asked City Engineer Eckles to
investigate it.
Councilmember Bealka requested that Croixwood Boulevard be looked at for improvement.
City Coordinator Kriesel informed the Council that the City Engineer intended to bring this
matter to Council at the next meeting
Councilmember Bealka stated that he received a request from a couple (who belong to an
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City Council Meeting No. 97-12
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association called "Valley Cruisers") who are having a wedding reception at the Lumber
Barron. They have approximately 10 street rods that they want to put on display and
requested that Water Street, between Chestnut and Myrtle designated for that purpose
between 5:00-8:00 p.m. on Saturday, May 10, 1997.
Councilmember Zoller stated that he received a call from a member of the Historical
Preservation Commission that there is an opening on the Commission. City Coordinator
Kriesel stated that staff is aware of the retirement of a member and is in the process of
advertising for that position according to City Charter.
STAFF REPORTS (continued)
Community Development Director Russell informed the Council of a meeting regarding Long
Lake water use to be held on May 12, 1997 at 8:00 p.m. and from that meeting a
recommendation will be made on the water use of that lake.
Mr. Russell also informed the Council that the request from the Stillwater Chamber regarding
the Farmer's Market should go through a Special Use Permit Review because it is on private
property to be used for commercial puposes. Council directed Community Development
Director Russell to help expedite this matter by contacting the Chamber to inform them that
they need to apply for this Special Permit and need to appear before the Planning
Commission on May 12, 1997.
City Coordinator Kriesel provided information regarding the purchase of Cowen property for
a 25 foot access to Meadowlark Park. Community Development Director Russell stated that
he had met with the Cowens and that the price they were asking for the piece of land was
$13,000 and that there is money available in the Park Dedication Fund. At this time Cowens
are not interested in selling Lot 9 at this time. Councilmember Cummings stated that the City
should continue to work with the Cowens to have an option on Lot 9. Mayor Kimble
suggested that this issue be revisited at a later date and Council directed Community
Development Director Russell to contact the Cowens regarding the option to purchase Lot 9
and report back to Council.
City Coordinator Kriesel informed the Council about a race from Hudson to Stillwater and
recommended approval contingent on Police Department approval.
Motion by Councilmember Thole, seconded by Councilmember Bealka approving the race from
Hudson to Stillwater contingent on approval from the Police and Public Works Department. All
in favor.
City Coordinator Kriesel stated that he received a letter from Judy Gulden regarding the
Mulberry Ravine cleanup and asking the City to develop a restoration plan for Mulberry
Ravine.
Motion by Councilmember Thole, seconded by Councilmember Cummings directing
Community Development Director Russell to meet with the Mulberry Ravine Project
Committee. All in favor.
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City Council Meeting No. 97-12
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City Coordinator Kriesel stated that Bob Ballantine of Compass Development will be in
attendance at the May 20, 1997 meeting.
City Attorney Magnuson asked that Council adopt a resolution regarding the Shalles property
to reflect the distribution of assessments and the conveyance of property to the City.
Motion by Councilmember Thole, seconded by Councilmember Cummings adopting Resolution
No. 97-114, Approving Acceptance of Conveyance of Land, Approving minor Subdivision,
Reapportioning Assessments Including the Expungement of a Portion Thereof.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
Nays: None
ADJOlJRNMENT
Motion by Councilmember Cummings, seconded by Councilmember Bealka to adjourn at 10:00
p.m. to executive session.
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ATTEST:
/~_~J ~d
Diane Ward, Administrative Secretary
Resolution 97-100: Directing Payment ofBil1s
Resolution No. 97-101, Authorizing Issuance and Sale of $705,000 General Obligation Capital
Outlay Bonds, Series 1997 A.
Resolution No. 97-102, Authorizing Issuance and Sale of $485,000 General Obligation
Improvement Bonds, Series 1997B.
Resolution 97-103: Temporary Employment of Robert Hamble - Parks Dept.
Resolution 97-104: Consultant contract for computer network design
Resolution 97-105: Designating Jim Grothaus as Engineering Intern
Resolution 97.106: Approving Intergovernmental Agreement with Metropolitan Council for
monitoring of Lily Lake
Resolution 97-107: Employment of Jeff Dionisopoulos as temporary seasonal laborer -
Public Works
Resolution No. 97-108, Approval of contract for National Guard Training Community Facility
Design Services.
Resolution No. 97-109, Approval of Agreement for Operation of Downtown Pay Parking Lots.
Resolution 97-110: Determining Corner Lot Status for Purposes of Assessments (Heitmiller)
Resolution 97-111, Accepting Report and Ordering Plans and Specification - Pioneer Park
Retaining Wall Job 9720.
Resolution No. 97-112, Entering into an Agreement with the Minnesota Pollution Control
Agency Cleanup Program.
Resolution No. 97-113, Commending Dike Construction Volunteers
Resolution No. 97-114, Approving Acceptance of Conveyance of Land, Approving minor
Subdivision, Reapportioning Assessments Including the Expungement of a Portion Thereof.
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RECORD OF EXECUTIVE SESSION
Date convened:
Tuesday, May 6, 1997
Time convened:
10:06p_m.
10:15p_m.
Time adjourned.
Members present:
Mayor Kimble, Councilmembers Bealka, Cummings, Thole, and
Zoller
Members absent:
None
Also present:
City Coordinator Kriesel and City Attorney Magnuson
Purpose of Executive Session: To discuss special assessment appeal of LI 308 filed by
Richard and Janel Kutz and to discuss action to be taken to abate nuisance at 717 South
2nd Street
Motion by Councilmember Thole, seconded by Councilmember Bealka to deny
assessment appeal settlement proposed by LMCIT counsel. All in favor.
Motion by Councilmernber Thole, seconded by Councilmember Zoller to adopt resolution
authorizing abatement of nuisance at 717 South 2nd Street
Ayes: Bealka, Cummings, Thole, Zoller and Kimble Nays: None.
Motion by CouncilmemberThole, seconded by Councilmember Bealka to adjourn at 10:15
p.m. All in favor.
Attest:
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City Coordinator
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