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HomeMy WebLinkAbout1997-05-06 CC MIN r (' ..-' r 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. r r - r 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. #4 ATTEST: //;bLI ;;UClAd J Diane Ward, Administrative Secretary ('"' f' --' r 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. r (\ r 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, r'. C'. r City Council Meeting No. 97-12 May 6, 1997 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 r (' ..;;:..; r 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 r (' (' City Council Meeting No. 97-12 May 6, 1997 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 r (' (' City Council Meeting No. 97-12 May 6,1997 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. r (' f" , . City Council Meeting No. 97-12 May 6,1997 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. Jf#~~ 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. . 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: -?/~X-~ City Coordinator 1~%~ ( < ayor