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Home My WebLink About1995-09-19 CC MIN r STILL WATER CITY COUNCIL MINUTES Regular Meeting September 19, 1995 The Meeting was called to order by Mayor Kimble. 6:00 p.m. Present: Councilmembers Bealka, Cummings (arrived at 6:50 p.m.), Thole, Zoller and Mayor Kimble Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Community Development Director Russell City Engineer Eckles Consulting Engineer Moore Recording Secretary Schaubach Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Others: Pete Smith, Dennis Vonasek, Steve DeMars, Leslie DeMars, Peg Leutele, Monti Moreno, Richard Anderson, James Mailand (' BWBR- CITY HALL BUILDING PROJECT Council met with Pete Smith and Dennis Vonasek ofBWBR to discuss the City Hall Building project. Council was asked to give their reaction to various architectural elements. (Council recessed at 6:55 and reconvened at 7:15 p.m.) APPROVAL OF MINUTES Councilmember Bealka noted on the September 5 Regular Meeting Minutes, page 2, he left the meeting at 5:05 p.m. with the City Attorney. Motion by Councilmember Cummings, seconded by Councilmember Bealka to approve the minutes of August 29,1995 Special Meeting and Executive Session; and September 5, 1995 Regular and Recessed Meetings as corrected. All in favor. OPEN FORUM {'\ Steve DeMars, 2307 Hidden Valley Lane addressed Council on a request by Monti Moreno for removal ofland use restrictions and covenants for vacant property located between Kindercare and Brooks Superette on County Road 5. He asked that Council (\ (' '" Stillwater City Council Minutes Regular Meeting September 19,1995 deny this request, as the covenants were put in place to protect the neighboring property owners. Peg Leutele, property owner adjacent to the property in question, also addressed the Council and asked that the request be denied. CONSENT AGENDA Motion by Councilmember Thole, seconded by Councilmember Bealka to approve the Consent Agenda for September 19, 1995, including the folIowing: 1. Resolution 95-201 Directing Payment of Bills 2. Resolution 95-208 Accepting Proposal for emergency repair of North Second Street stone tunnel. Ayes - Councilmembers Bealka, Cwnrnings, Thole, lolIer and Mayor Kimble Nays - None STAFF REPORTS I. Communitv Develonment Director - Community Development Director RusselI updated Council on the proposed condominium project on the UBC site, and the plans for a grocery store at the Maple Island site. 2. Citv Enllineer - City Engineer Eckles updated Council on the sealcoat issue on Eagle Ridge Court and stated that the homeowners have agreed to share in the cost of resealcoating the cul-de- sac next year. Motion by Councilmember Thole, seconded by Councilmember ZolIer to approve the payment of$I,250 to Infra Structure Technologies, Inc. for costs associated with repairing the blocked sewer service which occurred during the Myrtle Street Concrete Rehabilitation Project, L.r. 307. AII in favor. 3. Consultinll En~ineer- Motion by Councilmember Bealka, seconded by Councilmember ZolIer to adopt the appropriate resolution approving the plans and specifications and to obtain quotes for the drainage project at 2 ("'. (' " Stillwater City Council Minutes Regular Meeting September 19, 1995 Williams and Wilkins Streets. (Resolution 95-209) Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None UNFINISHED BUSINESS I. Resolution 95-202 Correctinv Resolution 95-192. Relij)portionment of !ij)ecial assessments for PID 9032-2050. Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt the appropriate resolution correcting Resolution 95-192, Reapportionment of special assessments for PID 9032-2050. (Resolution 95-202) Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 2. Resolution 95-209. Relij)portionment and Reassessment of Special Assessment for PID 9032- 3025. L.I. 301. Motion by Councilmember Thole, seconded by Councilmember Bea1ka to adopt the appropriate resolution approving the reapportionment and reassessment of Special Assessments for PID 9032-3025, L.I. 301. (Resolution 95-209) Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 3. Resolution 95-210 A wardi",l Contract for consultant services for prc:paration of Pioneer Park Master Plan. Motion by Councilmember Cummings, seconded by Councilmember Thole to adopt the appropriate resolution awarding the contract for consultant services for preparation of Pioneer Park Master Plan to Stefan/Larson Associates for $12,750, and approving a survey of the park at a cost of $2,250. Ayes - Councilmembers BeaHm, Cummings, Thole, Zoller and Mayor Kimble Nays - None 3 {'\ r f',. Stillwater City Council Minutes Regular Meeting September 19, 1995 4. Resolution 95-212 Acc~tin~ bid and awardina contract for Coun~ Road 5 landscapin~. Motion by Councilmember Zoller, seconded by Councilmember Thole to adopt the appropriate resolution accepting the bid and awarding the contract for County Road 5 landscaping to Minnesota Valley Landscape, Inc. in the amount of$34,750 plus alternate of$4,OOO, and to direct staff to look at the possibility of using the remaining funding for landscaping of McKusick Road. (Resolution 95-212) Ayes - Councilmember Cwmnings, Thole, Zoller and Mayor Kimble Nays - Councilmember Bealka 5. Appraisal results for properties located south of McKusick Road and west of Neal Avenue. Motion by Councilmember Cwmnings, seconded by Councilmember Bealka to direct Staff to pursue negotiations for purchase offive parcels of property located south of McKusick Road and West of Neal Avenue. All in favor. (Council recessed at 8:10 p.m. and reconvened at 8:20 p.m.) COMMlJNICA TIONS/REOlJESTS 1. Monti Moreno - Request for removal of land use restrictions and covenants for vacant property located between Kindercare and Brooks Superette on County Road 5. Monti Moreno addressed Council and stated that he has changed his request, and rather than remove the covenants, he is requesting that he be allowed to use the parcel for a beauty salon business, which he believes fits the intent of the covenants. Leslie DeMars, 2307 Hidden Valley Lane, addressed Council and stated that she does not believe a beauty salon meets the intent of the covenants. Motion by Councilmember Cununings, seconded by Councilmember Thole to refer to the Planning Commission a request by Monti Moreno for removal of land use restrictions and covenants for vacant property located between Kindercare and Brooks Superette on County Road 5. Ayes - 3; Nays - 2, Councilmembers Bealka and Zoller. UNFINISHED BUSINESS (Continued) 4 " r f' Stillwater City Council Minutes Regular Meeting September 19, 1995 6. Recommendation: License Fees. Motion by Councilmember Thole, seconded by Councilmember Bealka to direct staff to schedule a public hearing on October 17, 1995 on a proposed increase of the Liquor On-Sale license fee from $2,000 to $2,500. All in favor. Motion by Councibnember Thole, seconded by Councibnember Bealka to approve the increase in license fees as proposed: Wine On-Sale to $250, 3.2 Beer On-Sale to $100, 3.2 Beer Off-Sale to $50, Liquor On-Sale Club to $350, Cigarette to $250, Investigation fee to $250, and Transfer fee to $250, removing the mandatory yearly increase, and to direct the City Attorney to prepare the ordinance amendments. All in favor. 7. Rl;pOrt. Response to l"eQJlest for trail from Pine Tree Trail to Lilv Lake School. City Coordinator Kriesel updated Council on the Pine Tree Trail walkway issue. ISO 834 will continue to work on the issue and City staff will monitor the progress as necessary. 8. Set date for worksho.p - Deer Path traffic (tentative date: October 3. 4:30 p.m.) Motion by Councibnember Cummings, seconded by Councibnember Thole to set a workshop on the Deer Path traffic issue for October 3 at 4:30 p.m. All in favor. NEW BUSINESS I. Resolution: Manallement A~eement Renewal - Lily Lake Ice Arena. Motion by Councilmember Thole, seconded by Councibnember Cwnmings to adopt the appropriate resolution renewing the 1995-96 Lily Lake Ice Arena Management Agreement with St. Croix Catering, removing the surety bond requirement, and increasing the lease fee to $11,440. (Resolution 95-213) Ayes - Councibnembers Bealka, Cwnmings, Thole, Zoller and Mayor Kimble Nays - None 2. Resolution Authorizin~ lijlplication for Millhtr Ducks funds. James Mailand, Bonestroo Rosene Anderlick & Associates, was present to discuss the application process. 5 '" Stillwater City Council Minutes Regular Meeting September 19, 1995 Motion by Councilmember Cummings, seconded by Councilmember Thole to adopt the appropriate resolution authorizing the application for Mighty Ducks funds (Resolution 95-214) Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None (Council recessed at 9:35 p.m. and reconvened at 9:45 p.m.) 3. Resolution ApproviDlz Sundav On-Sale LiQllor License - Stillwater Lodie No. 179 BPOE. Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt the appropriate resolution approving the Sunday On-Sale Liquor License for Stillwater Lodge No. 179 B.P.O.E. (Resolution 95-211) Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None r 4. Resolutions: Settin~ hearinl!: on nronosed assessment - L.r. 304, Myrtlewood Addition (Res. 95-203) LJ. 306, Highlands of Stillwater (Res. 95-204) LJ. 307, Myrtle Street Rehabilitation Project (Res. 95-205) L.r. 312, 1995 Street Improvement Project (Res.95-206) L.r. 274-3, City Sidewalk Replacement (Res. 95-207) Motion by Councilmember Cummings, seconded by Councilmember Thole to adopt the appropriate resolution setting a public hearing on October 10, 1995 at 7:00 p.m. for the proposed assessments on the following projects: LJ. 304, Myrtlewood Addition; L.r. 306, Highlands of Stillwater; L.r. 307, Myrtle Street Rehabilitation Project; L.r. 312, 1995 Street Improvement Project; and LJ. 274-3, City Sidewalk Replacement. (Resolutions 95-203, 95-204, 95-205, 95- 206, 95-207) 5. Possible first readini of ordinance arnendini Ordinance 807. Establishinl!: Hwnan Rilzhts Commission. Motion by Councilrnember Thole, seconded by Councilmember Zoller to adopt the appropriate resolution setting the membership terms as recommended. (Resolution 95-215) Ayes - Councilrnembers Bealka, Cummings, Thole, Zoller and Mayor Kimble ~ Nays - None 6 (' (" o Stillwater City Council Minutes Regular Meeting September 19, 1995 Motion by Councilmember Thole, seconded by Councilmember Zoller to have a fIrst reading of an ordinance amending Ordinance 807, Establishing a Hwnan Rights Commission, by deleting "no more than one-half of the terms may expire in any given year" and replacing it with "In any one year no more than fIve (5) terms may expire". Ayes - Councilmembers Bealka, Cwnmings, Thole, Zoller and Mayor Kimble Nay - None COMMUNICA TIONSIREOUESTS 2. Kinsel's Liquors - Excavation and repair costs. Motion by Councilmember Cummings, seconded by Councilmember Bealka to submit the claim against the City by Kinsel's Liquor to the City's insurance carrier. All in favor. COUNCIL REOUEST ITEMS Motion by Councilmember Thole, seconded by Councilmember Zoller to amend the retroactive sewer charges for the Sutherlands and Russells to $600, interest free, payable over 5 years. Ayes - 4; Nays - I Councilmember Cummings. STAFF REPORTS (Continued) I. City Coordinator - Motion by Councilmember Thole, seconded by Councilmember Bealka to submit a claim against the City by a property owner on West Linden Street to the City's insurance carrier. All in favor. ADJOURNMENT Motion by Councilmember Cwnmings, seconded by Councilmember Bealka to adjourn the meeting at 10:05 p.m. co/v=~/ YOR ATIEST: ---Ctl. ~ I~ l ()jl)-\. CITY CLERK 7 r (\ "" Stillwater City Council Minutes Regular Meeting September 19,1995 Resolutions: 95-20 I - Directing Payment of Bills 95-202 - Correcting Resolution 95-192, reapportionment of special assessments for PID 9032- 2050. 95-203 - Setting assessment hearing for L.r. 304, Myrtlewood 95-204 - Setting assessment hearing for L.r. 306, Highlands of Stillwater 95-205 - Setting assessment hearing for L.r. 307, Myrtle Street Pavement Rehab. 95-206 - Setting assessment hearing for L.r. 312, 1995 Street Improvement Proj. 95-207 - Setting assessment hearing for L.r. 274-3, City Sidewalk Replacement 95-208 - Emergency repair of North 2nd Street stone tunnel 95-209 - Reapportionment and reassessment of Special Assessments for PID 9032-3025, L.r. 301 95-210 - Awarding contract for consultant services for preparation of Pioneer Park Master Plan 95-211 - Approving Sunday On-Sale Liquor License, Stillwater Lodge No. 179 B.P.O.E. 95-212 - Accepting bid and awarding contract for County Road 5 landscaping 95-213 - Lily Lake Ice Arena Management Agreement renewal 95-214 - Authorizing application for Mighty Ducks funds 95-215 - Setting terms for Human Rights Commission members 8