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Home My WebLink About1995-06-06 CC MIN o n o Regular Meeting STILL WATER CITY COUNCIL MINUTES June 6, 1995 4:30 p.m. The Meeting was called to order by Mayor Kimble. Present: Councilrnembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Community Development Director Russell Finance Director Deblon Police Chief Beberg Fire Chief Ness City Engineer Eckles Public Works Director Junker Building Official Zepper City Clerk Weldon Press: Mike Marsnik, Stillwater Gazette Julie Kink, The Courier Others: Ed Cain 1. ChuckThell. McG1addrev & Pullen - 1994 Financial Rc:port. Motion by Councilrnember Thole, seconded by Councilmember Zoller to accept the 1994 audit report as presented. All in favor. 2. Peter Smith. BWBR Architects - Update on Public Facilities Report. Peter Smith, BWBR Architects, reported to Council that he hopes to have a feasibility study on public facilities completed for the June 20 or the July II Council meeting. 3. Update on new annorv - Ed Cain. Motion by Councilrnember Cummings, seconded by Councilrnember Bealka to authorize Ed Cain, Legislative Associates, to assist with securing Congressional authorization and funding for building a National Guard Armory in Stillwater. All in favor. Motion by Councilmember Cummings, seconded by Councilrnember Bealka to adopt the appropriate resolution requesting the U.S. Congress to authorize and appropriate money for 75 percent of the cost of constructing a National Guard Armory in Stillwater. (Resolution 95-125) n Stillwater City Council Minutes Regular Meeting June 6, 1995 Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 4. ReQJ1Cst for City assistance for treatment of Li1v Laic" - Ed Cain. Mr. Cain addressed Council as a representative of Lily Lake residents and requested financial assistance for weed/algae treatment of Lily Lake. Council directed Mr. Cain to work with City Coordinator Kriesel or other staff to provide additional information on cost estimates, analysis, weed roller, and other options and bring to the June 20 meeting. STAFF REPORTS 1. Finance Director - r Finance Director Deblon presented a memorandum regarding the 1996 budget calendar. The Council will consider mission based budgets and other options to the budget process. Council request information on how a mission based system would have affected the current budget. Motion by Councilrnember Thole, seconded by Councilrnember Cummings to authorize expenditures for fiscal analysis for the Comprehensive Plan by Tautges, Redpath, and Co. at approximate cost of$15,000. All in favor. 2. Police Chief - Police Chief Beberg requested hiring a replacement person for Investigator Doug Swanson. Testing of applicants for the investigator position is in process. Motion by Councilrnember Thole, seconded by Councilrnember Zoller to adopt the appropriate resolution approving the employment of Carla Cincotta as police officer, effective June 16. (Resolution 95-126) Ayes - Councilrnembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None He also reported two Chevrolet squads ordered for 1995 are not available for delivery. He requested the purchase of two Fords and to keep the Chevrolets on order for 1996. (' Motion by Councilmember Bealka, seconded by Councilrnember Thole to approve the purchase 2 n r c Stillwater City Council Minutes Regular Meeting June 6, 1995 of two squad cars from Superior Ford at an additional $1,200 over anticipated 1995 Chevrolet price and keeping two squads on order for 1996, subject to determination of compliance with bidding laws. All in favor. Motion by Councilmember Thole, seconded by Councilrnember Zoller to approve the expenditure of approximately $1,750 from forfeiture fund for siren controls for six squad cars. All in favor. 3. Community Development Director - Community Development Director Russell introduced new City Planner Sue Fitzgerald to the Council. 4. City Coordinator - City Coordinator Kriesel reported that Patchett Kaufman Productions will be returning Friday, June 9, to reshoot the chase scene. Mr. Kriesel presented a memorandum regarding the 1996 budget process, and consideration of adopting a mission directed budget. RECESS Council recessed the meeting at 6:10 p.m. until 7:00 p.m. ~f/ A TTEST:----It;,trtJ.' I, }~,J A'Y'. CITY CLERK Resolutions: No. 95-125 - Requesting the U.S. Congress to authorize and appropriate money for 75 percent of the cost of constructing a National Guard Armory in Stillwater. 3 n n ~. \j P<l..... uJ R:egldar Meeting STILL WATER CITY COUNCIL MINUTES June 6, 1995 7:00 p.m. Mayor Kimble called the meeting to order at 7:00 p.m. Present: Councilrnembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Community Development Director Russell Fire Chief Ness City Engineer Eckles Consulting Engineer Peters City Clerk Weldon Press: Mike Marsnik, Stillwater Gazette Julie Kink, The Courier APPROVAL OF MINUTES Council noted a correction on the minutes of May 16: on the commendation of Larry Buberl, Councilrnember Cummings was absent and did not vote on the motion. Motion by Councilrnember Bealka, seconded by Councilrnember Zoller to approve the minutes of March 7,1995, April 4, 1995, and May 2,1995 - Executive Sessions; May 2,1995 - Regular and Recessed Meetings; May 9,1995 - Special Meeting; May 16, 1995 - Special and Regular Meetings; and May 30,1995 - Special Meeting, amending the May 16 minutes as discussed. All in favor. PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS I. S1l7Jmne Schillin~. Hqpe House - ReqJ1est to block street for auction. Greg Doyle, Hope House Board member representing Suzanne Schilling, requested closure of Everett Street (from the Hope House property line on the south side and 100 feet from the property line on the north) for an auction on June 24 from 8:00 a.m. to 2:00 p.m. Motion by Councilrnember Zoller, seconded by Councilmember Bealka to approve the closure of Everett Street on June 24 as requested by Hope House. All in favor. r r (' Stillwater City Council Minutes Recessed Meeting June 6, 1995 OPEN FORUM Nancy Schlagel asked to speak on the tobacco ordinance. Her testimony was held until that time on the agenda. Arne Thomsen, 506 East Burlington, questioned the closure/vacation of 4th Avenue. City Attorney Magnuson explained the pending legal issues. CONSENT AGENDA Councilmember Thole requested that Item 1, payment of bills, be removed from the Consent Agenda. Motion by Councilrnember Thole, seconded by Councilrnember Zoller to approve the Consent Agenda of June 6, 1995, with deletion of item No.1 for discussion. All in favor. 1. R-e3ellltiali 95 121. Direetin! PaYlllelit efBilb. 2. Contractors Licenses - New and Renewal. 3. Submit Claims against the City to insurance carrier. 4. Approving Request for Exemption from Lawful Gambling License - Church of St. Michael. 5. Approving City Clerk attendance at Municipal Clerks Institute. 6. Deferral of assessment for permanently disabled property owner. 7. Temporary on-sale license for non-intoxicating liquor - Camp Courage fundraiser. 8. Vacation of existing and establishment of new drainage easement for Calibre Ridge Subdivision, Paul Schaefer, applicant. Resolution 95-127: Approving vacation of easement. 9. Purchase of mowers - Parks Department. 10. Resolution 95-128: Approving employment of lifeguards for Lily Lake Beach. II. Purchase of turnout gear - Fire Department. 12. Purchase of office equipment - Engineering. 13. Resolution 95-129: Approving employment of part-time workers - Public Works. 14. Pedestrianlbike trail construction in Benson Park. Councilrnember Thole questioned the Perro Creek participation item on list of bills. The method of calculation and payment were explained by the City Coordinator. Motion by Councilrnember Thole, seconded by Councilmember Bealka to adopt the appropriate resolution Directing Payment of Bills. (Resolution 95-124) Ayes - Councilrnembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 2 ~ Stillwater City Council Minutes Recessed Meeting June 6, 1995 PUBLIC HEARINGS 1. Case No. BM/95-37. This is the day and time for the public hearing to consider a building moving permit request to move a building to 619 West Anderson Street, David Harvieux, applicant. Notice of the hearing was placed in the Stillwater Gazette on May 26,1995, and notices mailed to affected property owners. Motion by Councilmember Thole, seconded by Councilrnember Zoller to approve a building moving permit request to move a building to 619 West Anderson Street and direct the City Attorney to prepare driveway access permit. All in favor. UNFINISHED BUSINESS I. a. Possible second reading of ordinance permitting NSP to erect gas distribution system. Motion by Councilrnember Thole, seconded by Councilrnember Bealka to have a second reading of Ordinance No. 808 permitting NSP to erect a gas distribution system. n Ayes - Councilrnembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None b. Possible second reading of ordinance permitting NSP to erect electric distribution system. Motion by Councilmember Thole, seconded by Councilrnember Bealka to have a second reading of Ordinance No. 809 permitting NSP to erect an electric distribution system. Ayes - Councilrnembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 2. Autumn Wood, 1.1. 314. a. Resolution: Approving Development Agreement, Autumn Wood, 1.1. 314. Motion by Councilrnember Thole, seconded by Councilrnember Zoller to amend the Development Agreement, Autumn Wood, 1.1. 314, Section 4.06(e) by inserting: "if required". All in favor. Motion by Councilrnember Thole, seconded by Councilrnember Zoller to adopt the appropriate resolution approving the Development Agreement, Autumn Wood, 1.1. 314, as amended. (Resolution 95-131) c 3 r Stillwater City Council Minutes Recessed Meeting June 6, 1995 Ayes - Councilrnembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None b. Final Plat approval for 20-lot townhouse subdivision located east of CR 5 at Croixwood Boulevard in the RB Duplex Residential District, John Roettger, Applicant. Case No. SUBIPUD/94-63. Resolution: Approving Final Plat (Continued from May 16 meeting). Motion by Councilrnember Thole, seconded by Councilrnember Bealka to delete item 4 from conditions of approval (determined letter of credit fulfilled this requirement). All in favor. Motion by Councilrnember Zoller, seconded by Councilrnember Thole to adopt the Final Plat, as amended, Autumn Wood, L.I. 314. (Resolution 95-132) Ayes _ Councilrnembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None r c. Request to construct two 2-unit townhouse structures in advance of public improvements at Autumn Wood project (Case SUBIPUD/94-63) John Roettger, applicant. (Continued from May 16 meeting). Motion by Councilrnember Thole, seconded by Councilmember Bealka to authorize the City Attorney to draft an addendum agreement (acknowledging responsibilities and stating requirements for issuance of certificate of occupancy), and authorize entering into the agreement. All in favor. 3. Possible second reading of ordinance restricting sale and use of tobacco products by minors. Mayor Kimble opened the meeting to comments from the audience. The following spoke in favor of the Ordinance: Nancy Schlagel, Lakeview Hospital, American Cancer Society, resident; Dr. Paul Quinn, St. Croix Valley Clinic; Brian Bates, Attorney, MN ASSIST; Leslie Wardell, Stillwater Police Department, DARE Officer; Desta Meyer, Stillwater High School student, SADD Chapter; Wayne Om, Stillwater High School health teacher; Stillwater High School football team tri-captains Aaron Runic, Gabe Elwein, and Ryan Salmon; Gayle Parizino, Stillwater School District nurse; SuzAnn Stenso-Velo, Tobacco Free Future Chair, Washington County Department of Health educator. c Retailers and association representatives who spoke in favor of a cooperative effort rather than an ordinance: Steve Moeller, Fin&, 110 South Main; Dick Zimmerman, Erickson Post; Larry Fitzpatrick, Oak Park Heights SuperAmerica; James Goold, Covington & Burling, 4 {' Stillwater City Council Minutes Recessed Meeting June 6, 1995 representing the Tobacco Institute; Nancy Christensen, Executive Director, Minnesota Grocers Association; Dr. Timothy Meyer, Professor Communications and Advertising, University of Wisconsin, Green Bay. James Larkin, Larkin, Hoffman, Daly & Lindgren, representing plaintiff in suit against City of Preston, addressed legal issues. Gary Ansel, Cogrove, Flynn & Gaskins, representing Minnesota Civil Liberties Union discussed freedom of commercial speech; and Archie Anderson, Coon Rapids, Minnesota Smokers Rights Coalition addressed concerns on civil rights. Councilrnember Zoller questioned if the City would be challenged in court if the ordinance passed. City Attorney Magnuson stated numerous court cases are pending across the country relating to issues parallel to those in the proposed ordinance. o Motion by Councilmember Bealka, seconded by Councilrnember Zoller to table consideration of an ordinance restricting sale and use of tobacco products by minors until pending court cases are settled. All in favor. 4. Schedule for continued consideration of Comprehensive Plan. Motion by Councilrnember Thole, seconded by Councilmember Zoller to authorize preparation of additional fiscal impact information and cost information for sewer and water extension by SEH at cost not to exceed $3,530. All in favor. Motion by Councilmember Thole, seconded by Councilrnember Zoller to set a Council workshop on the Comprehensive Plan for June 27 at 7:00 p.m. All in favor. NEW BUSINESS 1. Possible first reading of ordinance establishing permit fees for tank removal. Motion by Councilrnember Bealka, seconded by Councilrnember Thole to have a first reading of Ordinance 819 establishing permit fees for tank removal. All in favor. 2. Request for street light extension - Andrew Kass, Thomas O'Brien. c Motion by Councilrnember Cummings, seconded by Councilrnember Zoller to adopt the appropriate resolution ordering preparation of report on street light improvements on Curve Crest 5 n r C' Stillwater City Council Minutes Recessed Meeting June 6, 1995 Boulevard from Marketplace Project to Washington Avenue. (Resolution 95-133) Ayes - Councilrnembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None COMMUNICA TIONS/REOUESTS Charter Commission request for Council representative to attend June 19 meeting at 7:00 p.m. regarding review of the Water Department. Mayor Kimble will attend or send a delegate. COUNCIL REOUEST ITEMS Councilrnember Bealka requested a proclamation for William Barloon, who is being held in Iraq, be set for an upcoming meeting. Councilmember Zoller requested the installation of signs indicating locations of public parking. Community Development Director Russell will refer his request to the Parking Commission at the June 7 meeting. Councilrnember Cummings requested repair of a large hole near the Brick Alley Building. Mayor Kimble noted Eric Thole's upcoming wedding on Saturday, June 10. STAFF REPORTS Buildinll Official - The Building Official distributed permit/inspection data. Motion by Councilrnember Thole, seconded by Councilrnember Cummings to approve purchase of a 1995 Ford 4x4 truck from Stillwater Ford for the Inspection Department. All in favor. ~- City Coordinator Kriesel reported that the owner of eight acres behind Stonebridge School has approached the City regarding purchase of the property. Motion by Councilmember Cummings, seconded by Councilrnember Bealka to authorize 6 r o C', Stillwater City Council Minutes Recessed Meeting June 6, 1995 ordering an appraisal of eight acres of property behind Stonebridge School. All in favor. City Coordinator Kriesel reported on the loss of several new flags downtown. ADJOURNMENT Motion by Councilrnember Cummings, seconded by Councilrnember Thole to adjoum to Executive Session at 10: 15 p.m. to discuss special assessment appeals - 1.1. 30 I, Stillwater Market Place Project and 1.1. 284, Myrtle Street Drainage Project. All in favor. cf/~ ATTEST:----IYiA4 d~ /1 1M f)j_ CITY CLERK Resolutions: 95-124 - Directing Payment of Bills 95-127 - Approving vacation of easement, Calibre Ridge Subdivision, Paul Schafer, appl. 95-128 - Approving employment oflifeguards for Lily Lake Beach 95-129 - Approving employment of part-time workers, Public WorkslParks 95-130 - Approving purchase agreement with Tower Asphalt for pedestrian trail construction in Benson Park 95-131 - Approving Development Agreement, Autumn Wood, 1.1. 314, as amended 95-132 - Approving final plat, Autumn Wood, 1.1. 314 95-133 - Ordering preparation of report on street light improvements on Curve Crest Boulevard 7 'j