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Home My WebLink About1995-11-07 CC MIN 15-3& n Regular Meeting STILL WATER CITY COUNCIL MINUTES November 7, 1995 4:30 p.m. The Meeting was called to order by Acting Mayor Cummings Present: Councilmembers Cummings, Thole, and Zoller Absent: Councilmember Bealka and Mayor Kimble Also Present: City Coordinator Kriesel City Attorney Magnuson Community Development Director Russell Police ChiefBeberg Public Works Director Junker Consulting Engineer Moore Building Official Zepper City Clerk Weldon Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette BWBR Architects - IJodate on City Hall Proiect n Peter Smith and Dennis Vonasek, BWBR, and Dick Olsen, GWO, met with Council regarding the City Hall Building Project. Peter Smith, BWBR, gave an overall update, discussed schedule, design status, finishes, and cost update. He requested Council direction on two alternates: I. Add fire hall observation bay at a cost of $15,000; 2. Council Chamber carpet upgrade at a cost of $5,600. Motion by Councilmember Thole, seconded by Councilmember Zoller to approve inclusion of Alternate I, fire hall observation bay, in the City Hall Building Project. All in favor. Council directed that Alternate 2, carpet upgrade, be bid as alternate. STAFF REPORTS I. Police Chief - Police Chief Beberg requested the purchase of eight protective vests for officers; purchase of training equipment/aids on "self-defense" and "use of force procedures"; to sell the CSO truck and topper, and purchase new topper and equipment for 87 GMC pickup. These items are included on the Consent Agenda. 2. Public Works Director - Public Works Director Junker requested replacement of the O'Brien Field outfield fence. 3. Community Develooment Director- n Community Development Director Russell distributed a letter from. Monti Moreno requesting continuance of the public hearing on Case No. 377. He also distributed a proposal from Short Elliott Hendrickson for services to update the subdivision code. (Council took action on both items r r r at the recessed meeting.) Councilmember Cummings requested a sign on the site of the proposed sports facility/armory site. Council indicated agreement. 4. Consultinll Enllineer - Consulting Engineer Moore infonned the Council that Stillwater Township had requested an SEH study on road striping. Council indicated no conflict of interest existed. Mr. Moore requested pennission to begin a survey of Pine Street before the snow. The City would not be billed until after the public hearing. Council indicated approval. 4. Fire Chief - Fire Chief Ness reported on claims against the City: St. Mary's claim - Mr. Ness reported fire truck was not responsible for damage to tree; Junker claim - Mr. Ness reported that the wrecking truck removing the car was responsible for glass cleanup. City Coordinator Kriesel stated that claims must still be submitted to the insurance carrier. 5. Ci~ Attornev - Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt the appropriate resolution approving the correction to assessments (parcel Number 9028-0040 and 9028-0150) and preparation of abatement requests for amount certified to Council in prior years. (Resolution 95-256) Ayes - Councilmembers Cummings, Thole, and Zoller Nays - None Absent - Councilmember Bealka and Mayor Kimble RECESS Motion by Councilmember Thole, seconded by Councilmember Zoller to recess the meeting at 5:30 p.m. All in favor. #p ATTEST: ~MJ.'.(1)11JL CITY CLERK' Resolutions: 95-256 - Approving correction to assessments Parcel #9028-0040 and #9028-0150 2 (' r (' Recessed Meeting STILL WATER CITY COUNCIL MINUTES November 7,1995 8:00 p.m. The Meeting was called to order by Mayor Kimble Present: Councilmembers Bea1ka, Cummings (arrived at 9:00 p.m.), Thole, Zoller and Mayor Kimble Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Community Development Director Russell Police Chief Beberg Consulting Engineer Moore Planning Commission Chairman Fontaine City Clerk Weldon Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette APPROVAL OF MINUTES Motion by Councilmember Thole, seconded by Councilmember Zoller to approve the minutes of the Special and Regular Meetings of October 17, 1995; and the Special Meeting of October 25, 1995. All in favor. PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS 1. Accentin~ resiW'ation of Dor01:l\y Foster from Plannini Commission and commendini her for time and efforts. Mayor Kimble and Planning Commission Chairman Fontaine presented a plaque to Dorothy Foster upon her resignation from the Planning Commission. Motion by Councilmember Zoller, seconded by Councilmember Thole to adopt the appropriate resolution accepting the resignation of Dorothy Foster from the Planning Commission and commending her for her years of service, dedication, and loyalty. (Resolution 95-254) Ayes - Councilmembers Bea1ka, Thole, Zoller and Mayor Kimble Nays - None Absent - Councilmember Kimble r- Stillwater City Council Minutes Recessed Meeting November 7, 1995 2. Cit;7.ens Concerned for Restoration of Lake McKusick - Yvonne Ennirio Yvonne Ermirio introduced a new grass roots organization, Citizens Concerned for Restoration of Lake McKusick, and asked if any funds were available from the City. Mayor Kimble reported that the Finance Director has detennined that use of remaining funds from Co. Rd. 5 Landscape project cannot be used for McKusick Road landscaping because it is not in the TIF district. Council encouraged the CCRLM to continue to co=unicate with the City Engineer, Planner and Friends of Stillwater Parks. Council also directed staff to contact the county to check on the status of the planting along McKusick Road. CONSENT AGENDA Motion by Councilmember Thole, seconded by Councilmember Bealka to approve the consent agenda of November 7, 1995, including the following: r- I. Resolution 95-248 Directing Payment of Bills. 2. Resolution 95-251 approving permanent employment of Sue Thorn. 3. Resolution 95-252 approving permanent employment of Tim Moore. 4. General Contractor Licenses - VPO and Associates, Inc., Lakeville, MN (new); Earl Weikle & Sons, Inc., Minneapolis, MN (new) 5. Hang Banner - Washington County Historic Courthouse, Nov. 8-20, 1995. 6. Submit Claims against City to insurance carrier - St. Mary's Church; Jordan Junker. 7. Use of O'Brien Field tennis courts by Stillwater Elks Club for Christmas Tree sales. 8. Exemption from Lawful Gambling License - Church ofS1.. Michael, Nov. 18, 1995. 9. Replacement of O'Brien Field outfield fence. 10. Purchase of protective vests for police department. II. Purchase of training aids for police department. 12. Purchase of pick-up topper and sale of current CSO truck. 13. Purchase indexing software. 14. Installation of silt fence at Brick Pond Project construction area. PUBLIC HEARINGS This is the day and time for the public hearing to consider an increase in liquor license fees. Notice of the hearing was mailed to affected license holders. c 2 (' Stillwater City Council Minutes Recessed Meeting November 7, 1995 City coordinator Kriesel read the public hearing notice, stating proposed fees, and gave background information on liquor-related city costs of administration, police and legal representation. He reported on the October 30 meeting with Stillwater Liquor Retailers Association. John Berglund, Executive Director and Counsel to the Minnesota Beverage Association expressed concern not with the increase but with the procedure. The study of costs incurred by the City was not done at the time of the October 30 meeting. A workshop with license holders was not held. Linda Hinz, Johns Bar, stated minutes and.s of the October 18, 1994 meeting indicated a workshop would be held with license holders in 1995 to discuss possible increases. Mr. Kriesel reported that the procedures followed by the City complied with all legal requirements. r Martha Hubbs, William Sauntry Mansion, requested no increase in the wine license fees for Bed and Breakfasts, where wine is served only to registered guests. Steve Meister, Meisters Bar & Grill, suggested that, rather than increasing liquor license fees, the City charge $50 to all businesses, because all utilize city and police services. Mayor Kimble closed the public hearing. Council took action under Unfinished Business. 2. This is the day and time for the public hearing to consider a review of recommendation from the Planning Commission regarding a request by Monti Moreno to remove covenants for development of lot between Kindercare and Brooks Superette at 6720 North Stillwater Boulevard. Notice of the hearing was placed in the Stillwater Gazette on November 3, 1995, and notices mailed to affected property owners. (Case No. 377) Mayor Kimble reported that a request had been received from Mr. Moreno to continue the case until a later date because neither he, nor his architects or builders were able to attend the meeting. Motion by Councilmember Thole, seconded by Councilmember Zoller to ratify the Planning Commission decision to uphold covenants and restrictions on a vacant parcel located at 6720 N. f' 3 ~ Stillwater City Council Minutes Recessed Meeting November 7,1995 Stillwater Boulevard (between Brooks Superette and Kindercare) and deem proposed use, beauty salon, as not meeting covenants. All in favor. (Councilmember Cummings arrived at 9:00 p.m.) 3. This is the day and time for the public hearing to consider an appeal of the Planning Commission denial of a request for a variance to construct an addition for a garage with a 21-foot front yard setback, 30 feet required, at 920 Amundson Drive, Ray Damis and Marilyn Morehead, applicants. (Case V/95-73) Notice of the hearing was placed in the Stillwater Gazette on October 30,1995 and notices mailed to affected property owners. Ray Damis, applicant, presented the request. Motion by Councilmember Cummings, seconded by Councilmember Thole to overturn the Planning Commission decision for Case V /95-73, on the following basis: hardship because of unique placement on lot; consistent with neighborhood; no negative impact; no objections. All ~ in favor. (Council recessed at 9:15 p.m. and reconvened at 9:30 p.m.) UNFINISHED BUSINESS Mayor Kimble announced the Stillwater holiday lights campaign. Orders for snowflake decorations will be taken by the City of Stillwater Chamber of Commerce for a $3 donation to downtown holiday decorations. 1. Possible second read.in~ of Ordinance No. 795 amendinl1 City Code Chl\pter 43.01 relatinlj/ to liQJ10r license fees. Motion by Councilmember Thole, seconded by Councilmember Cummings to amend the license fee increases as follows: Intoxicating Liquor on-sale $2,300; Wine on-sale $200 (no increase); 3.2 beer on-sale $100; 3.2 beer off-sale $50; Intoxicating Liquor on-sale to Clubs $350; Intoxicating Liquor on-sale investigation fee $250 (new license); and Intoxicating Liquor on-sale transfer fee $250. Ayes - 4; Nays - I, Councilmember Bealka. Motion by Councilmember Thole, seconded by Councilmember Cummings to have a second reading of Ordinance No 795 amending City Code Chapter 43.01 relating to liquor license fees. (' 4 (' Stillwater City Council Minutes Recessed Meeting November 7, 1995 Ayes - Councilmembers Cummings, Thole, Zoller and Mayor Kimble Nays - Councilmember Bealka 2. ReQjlest from Lonnie Kornovich for full waiver of park fees for 20-unit townhome nroiect. propertY located in West Stillwater BlLqiness Park. Lonnie Kornovich, applicant, presented the request. Motion by Councilmember Thole seconded by Councilmember Cummings to direct the City Attorney to work with Komovich to reach agreement on reduction of park fees and return to Council for the November 21 meeting. All in favor. 3. Approvini participation in the Livable Communities and Local Housini Incentives PrOl!ram and settini housini l!oals. Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt the appropriate resolution approving participation in the Livable Communities and Local Housing Incentives f'. Program and setting housing goals. (Resolution 95-253) Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 4. Reauest for direction to solicit lITOceQ' store vendors for Manle Island site. Motion by Councilmember Zoller, seconded by Councilmember Thole to direct staff to solicit grocery store or other vendors for downtown site. All in favor. 5. Update: purchase ofland a10ni McKusick Road for community nark. Motion by Councilmember Cummings, seconded by Councilmember Thole to direct the Community Development Director to continue negotiations on Purdy and Houge properties and return to Council. All in favor. NEW BUSINESS 1. Cil!arette License - 1a7='s House of Blues & Ciiar Parlor. Motion by Councilmember Bealka, seconded by Councilmember Thole to adopt the appropriate (" 5 r Stillwater City Council Minutes Recessed Meeting November 7,1995 resolution approving the cigarette license for Jazzy's House of Blues & Cigar Parlor. (Resolution 95-255) Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 2. Pre~nnlication for Tax Increment Financinll Assistance for hotel conference center in downtown Stillwater at Old Territorial Prison location. Territorial Coalition. Inc.. ll,PPlicants. Motion by Councilmember Thole, seconded by Councilmember Cwnmings to approve the project concept for a hotel conference center at the Old Territorial Prison location, and to direct staff to continue working with Territorial Coalition, Inc. on TIF assistance proposal. All in favor. Motion by Councilmember Zoller, seconded by Councilmember Cummings to adopt the appropriate resolution requesting authority from the Minnesota State Legislature to grant an additional liquor license for the proposed hotel complex to be located at the site of the old ~ territorial prison. (Resolution 95-250) Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 3. U.,pdate on lea;islative issues and reQ,Jlest for extension of service contract - Ed Cain. Motion by Councilmember Thole, seconded by Councilmember Cummings to direct the City Coordinator and City Attorney to prepare extension of contract and addendum with Legislative Associates, Inc., relating to levee wall project and National Guard Armory and return at the November 21 meeting. All in favor.. (Council recessed at 10:55 p.m. and reconvened at 11 p.m.) 4. Authorize preparation of plans for storm sewer n;pair at 1301 Hillcrest. Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt the appropriate resolution approving Change Order 1.1. 312, 1995 Streets, and authorizing Short Elliott Hendrickson to prepare plans and request quotes for stonn sewer repair at 1301 Hillcrest. (Resolution 95-256) r 6 r- Stillwater City Council Minutes November 7,1995 Ayes - Councilmembers Bealka, Cummings, Thole, Zoller, and Mayor Kimble Nays - None COUNCIL REOUEST ITEMS Councilmember Bealka requested that the Stillwater Area Chamber of Commerce be contacted regarding Swift Co. Senior Citizens correspondence to the Chamber. STAFF REPORTS (Continue<!) 1. City Coordinator - City Coordinator Kriesel presented a petition for local improvement and Agreement of Assessment and Waiver ofIrregularity and Appeal from the Stillwater Yacht Club Inc., and Mulberry Point Yacht Harbor Inc., for harbor dredging improvement. Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt the appropriate resolution ordering harbor dredging improvement. (Resolution 95-257) r Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None Council directed the City Coordinator, Community Development Director, and City Attorney to work with Short Elliott Hendrickson on their proposal for services to update the subdivision code, and bring back at the November 21 meeting. Mayor Kimble announced that City Hall will be closed Friday, November 10 for Veterans Day and November 24-25 for Thanksgiving. ADJOURNMENT Motion by Councilmember Thole, seconded by Councilmember Cummings to adjourn the meeting at 11 :20 p.m. All in favor. c!&5P ATTEST: f'{j&J..' V ~I f)~ TY CLERK ('" 7 r- Stillwater City Council Minutes \ November 7,1995 Resolutions: 95-248 - Directing Payment of Bills 95-249 - Correcting assessments, L.I. 257 95-250 - Requesting additional liquor license for Old Territorial Prison site 95-251 - Permanent employment of Sue Thorn 95-252 - Permanent employment of Tim Moore 95-253 - Approving participation in Livable Communities 95-254 - Accepting resignation of Dorothy Foster from the Planning Commission 95-255 - Approving cigarette license 95-256 - Approving Change Order L.I. 312, 1995 Streets 95-257 - Ordering harbor dredging improvement r (' 8