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Home My WebLink About1995-12-05 CC MIN Regular Meeting STILLWATER CITY COUNCIL MINUTES December 5,1995 4:30 p.m. n The Meeting was called to order by Mayor Kimble. Present: Councilmembers Cummings (arrived at 4:50 p.m.), Thole, Zoller and Mayor Kimble Absent: Councilmember Bealka Also Present: City Coordinator Kriesel City Attorney Magnuson Community Development Director Russell Building Official Zepper Police Chief Beberg Public Works Director Junker City Engineer Eckles Consulting Engineer Moore City Clerk Weldon Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette n STAFF REPORTS 1. Police Chief - Motion by Councilmember Thole, seconded by Councilmember Zoller to direct the police chief to work with the City Attorney to develop a reward fund of up to $5,000 for unsolved crimes. All in favor. 2. City En~ineer - City Engineer Eckles reported on a study of the intersection at Owens (CSAH 5) and McKusick Road (CR 64). The study will be completed by March I, 1996. Mr. Eckles reported that the County recommends no changes at the intersection of C.R. 5 and Orleans StreetIWildpines Lane. BrickPondImprovemen~- Due to the unique nature of this project and potential cost savings which could result from completing the project in the winter months, the City Engineer recommended that Council direct staff to proceed with hiring various subcontractors and purchasing materials. ('I Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt the appropriate o Stillwater City Council Minutes Regular Meeting December 6, 1995 resolution authorizing the City Engineer to proceed with Brick Pond Dredging and Storm Water Improvements and enter into a contract with C.W. Houle for labor for installing pipe, manholes, bends and riprap at a total price of $9,250; with Royal Concrete products for materials; and MnDOT for dredging; and Raleigh for bulldozer grading at $65/hour. (Resolution 95-277) Ayes - Councilmembers Bea1ka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 3. Consultinll EOllioeer - Motion by Councilmember Cummings, seconded by Councilmember Zoller to approve the survey of the ravine area between North Fourth Street and North Second Street at an estimated cost of $2,500. All in favor. 4. Buildinll Official - Building Official Zepper distributed the monthly building report. f', 5. City Coordinator- City Coordinator Kriesel reported that the Beautiful Girls production will be back in January for an approximate five hour shoot at Main Street Stairs. He also reported on a meeting with the Eagle Ridge Trail and Deer Path neighborhood scheduled for 7:00 pm. on December 13. Councilmember Cummings, City Engineer Eckles and Consulting Engineer Moore will attend. RECESS Motion by Councilmember Thole, seconded by Councilmember Zoller to recess the meeting until 5:20 p.m. All in favor. dr/~r/ c ATIFST'---ft('}:~ /.J. ~ CITY CLERK Resolutions: No. 95-277 - To proceed with Brick Pond Dredging and Storm Water Improvements 2 r STILLWATER CITY COUNCIL MINUTES Recessed Meeting December 5,1995 7:00 p.m. The Meeting was called to order by Mayor Kimble. Present: Councilmembers Bea1ka, Cummings, Thole, Zoller and Mayor Kimble Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Community Development Director Russell Public Works Director Junker City Engineer Eckles Consulting Engineer Moore City Clerk Weldon Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette APPROVAL OF MINUTES - r Council noted that page 6 of the November 21 minutes, Komovich Development, should be amended to reflect that the nay vote was cast by Councilmernber Cummings. Motion by Councilmember Thole, seconded by Councilmember Cummings to approve the minutes of the November 21,1995 Regular Meeting as amended, and November 29,1995 Special Meeting. All in favor. PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS 1. Bill Fierke - Lily Lake water lIuali~. Mr. Fierke expressed concerns regarding the water quality at Lily Lake. Motion by Councilmember Thole, seconded by Councilmember Cummings to direct the City Engineer to meet with Mr. Fierke and other concerned residents and return with further information. All in favor. OPEN FORUM Jim Sievert, 618 West Myrtle Street, expressed concerns with percentage of tax increases each year. (' r Stillwater City Council Minutes Recessed Meeting December 5,1995 Ed Otis, 1020 87th Circle North, expressed concern regarding the cost of annexation to township residents. CONSENT AGENDA Motion by Councilmember Thole, seconded by Councilmember Bea1ka to approve the Consent Agenda of December 6, 1995, including the following: <All in favor) 1. Resolution 95-273 - Directing Payment of Bills. 2. Hang Banner - St. Croix Catholic School, Catholic Schools Week, January 26 - February 5, 1996. 3. Resolution 95-274 - Gambling premises permit renewal- American Legion Post 48, Stillwater. 4. Resolution 95-278 - Purchase of gas monitor for sewer department from Viking Safety Products for $1,880. 5. Resolution 95-279 - Approve repairs to Nelson Street Lift Station by Braun Pump Controls for an amount not to exceed $5,212.41. 6. Contractors Licenses: Nova Frost; Kornovich Development. f', PUBLIC HEARINGS 1. Case No. ZAT/95-75.This is the day and time for the public hearing to consider a zoning ordinance amendment regulating the demolition of structures, City of Stillwater, applicant. Notice of the hearing was placed in the Stillwater Gazette on November 24, 1995. City Attorney Magnuson provided background on reasons for review of structures for possible historical significance before demolition. Councilmember Cummings requested subdivision 8 wording be corrected from "nuisance" to "misdemeanor". Councilmember Zoller suggested correcting subdivision 6, Emergency Demolition, change "Commission" to Community Development Director and Building Official. No public asked to be heard. Mayor Kimble closed the public hearing. Motion by Councilmember Thole, seconded by Councilmember Cummings to have a second reading of Ordinance 814, relating to Demolition Permits, as amended. c Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 2 r Stillwater City Council Minutes Recessed Meeting December 5,1995 2. This is the day and time for the public hearing to consider an ordinance amending City Code Chapter 27, Dogs and Other Animals, as it relates to regulating the definition and location of dog kennels. Notice of the hearing was placed in the Stillwater Gazette on November 24,1995. City Attorney Magnuson explained that the previous amendment to the ordinance was so restrictive that an inordinate burden was placed on owners of three dogs or cats. Compromise language was developed to apply only to four or more dogs. No public asked to be heard. Mayor Kimble closed the public hearing. Motion by Councilmember Cummings, seconded by Councilmember Bealka to have a second reading of Ordinance 816, Amending City Code Chapter 27, Dogs and Other Animals. Ayes- Councilmembers Bea1ka, Cummings, Thole, Zoller and Mayor Kimble Nays - None o 3. Case No. SV/95-78. This is the day and time for the public hearing to consider a request for street vacation of Nelson Alley between 2nd Street and Main Street; Dick Anderson and City of Stillwater, applicants. Notice of the hearing was placed in the Stillwater Gazette on November 24,1995, and notices mailed to affected property owners. Community Development Director Russell reviewed the request. Mayor Kimble stated he received a memo from nearby property owners requesting postponement of public hearing. Motion by Councilmember Thole to continue Case No. SV /95-78 indefinitely or until the UBC parking lot is improved. Motion died for lack of a second. Motion by Councilmember Thole, seconded by Councilmember Cummings to continue the public hearing to an undetermined future date and refer the vacation of property where building encroachment exists to the Planning Commission. All in favor. (Council recessed at 8:15 p.m. and reconvened at 8:30 p.m.) 4. Case No. SUP/95-83. This is the day and time for the public hearing to consider a special use permit for construction of a hotel in the Flood Plain District located at 127 Water Street, City of Stillwater, applicant. Notice of the hearing was placed in the Stillwater Gazette on November 24, 1995, and notices mailed to affected property owners. r: 3 r Stillwater City Council Minutes Recessed Meeting December 5,1995 Motion by Councilmember Thole, seconded by Councilmernber Bealka to continue the public hearing to December 19, 1995. All in favor. City Attorney Magnuson reported the conditions of the Redevelopment Deed given by the City to developers of Lumber Baron's Hotel contained a forfeiture provision requiring beginning of construction of minimum improvements before April 26, 1995. He stated the conditions have been fulfilled and recommended Council authorize the Mayor and Clerk to execute Certificate of Completion and Release of Forfeiture. Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt the appropriate Resolution approving release of forfeiture provision in Development Agreement between the City of Stillwater and St. Croix Preservation Company (Lumber Baron's Hotel) and authorizing the Mayor and Clerk to execute Certificate of Completion and Release of Forfeiture. (Resolution 95-280) Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None r UNFINISHED BUSINESS 1. Rca>ort: Garden Townhomes and Greens Townhomes request for acc~ptance of street dedication. City Engineer Eckles reviewed background on the request and made four recommendations: 1) determine what public interest is served by converting a private roadway to a substandard public street; 2) determine how a decision to accept this street would impact other areas of the City served by private streets; 3) determine how conversion costs are to be paid; 4) direct staff to obtain all items necessary for conversion if the decision is made to convert. Motion by Councilmember Thole, seconded by Councilmember Cummings to direct staff to prepare costs and agreernents necessary for conversion of private street to public street in the Greens and Garden Townhomes development. Ayes - 4; Nays - 1, Councilmember Zoller. 2. S4PDlemental fiscal impact "",,lysis rca>ort - Tautlles. Rectpath & Co.. Ltd. Rob Tautges presented a supplernent to report entitled "Proposed Expansion Study". He stated the purpose of the supplement was to measure the property tax and certain other revenue likely to be generated by the development for funding incremental ongoing c 4 r Stillwater City Council Minutes Recessed Meeting December 5, 1995 operating costs and other outlays associated with the proposed annexation. (Motion by Councilmember Thole, seconded by Councilmember Cummings to recess the meeting at 9:55 p.m. All in favor. Council reconvened at 10:10 p.m.) 3. AdQptini Final Budiet for the Year 1996 and Adoptini the Final Tax Levv for the Year 1996. Motion by Councilmernber Thole, seconded by Councilmember Cummings to adopt the appropriate resolution adopting the Final Budget for the Year 1996. (Resolution 95-275) Ayes- Councilmembers Bea1ka, Cummings, Thole, Zoller and Mayor Kimble Nays - None Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt the appropriate resolution adopting the Final Tax Levy for the year 1996. Ayes - 4; Nays - 1, Councilmember Bealka. 4. Pine Street Feasihilitv Rca>ort. 1.1. 295. r Consulting Engineer presented the project report. Motion by Councilmember Cummings, seconded by Councilmember Thole to receive the report and call hearing on the Pine Street improvements. Ayes - 0; Nays - 5. Motion by Councilmember Cummings to include Segment #1, C.S.A.H. to Seeley and Segment #2 Seeley Street to Greeley Street. Motion died for lack of a second. Motion by Councilmember Thole, seconded by Councilmernber Zoller to adopt the appropriate resolution receiving the report and call hearing on Segment #2, Seeley Street to Greeley Street, Pine Street improvements, 1.1. 295. (Resolution 95-281) Aye s- Councilmembers Bea1ka, Thole, Zoller and Mayor Kimble Nays - Cummings 5. Brick Pond drediinll and stormwater improvements. See 4:30 meeting, City Engineer's report. NEW BUSINESS (' 5 r Stillwater City Council Minutes Recessed Meeting Decernber 5,1995 1. Approvinll 1996 Liquor Licenses. Motion by Councilmember Bealka, seconded by Councilmember Thole to approve the 1996 Liquor License renewals, contingent upon submission of all required documentation and fees. All in favor. Motion by Councilmember Bealka, seconded by Councilmember Thole to adopt the appropriate resolution approving the transfer of Liquor License from Hidden Valley Lounge to Loggers, Inc., contingent upon submission of all required documentation and fees. (Resolution 95-282) Ayes - Councilmembers Bealka, Cummings, thole, Zoller and Mayor Kimble Nays - None 2. Approvinll 1996 Ciiarette Licenses. r Motion by Councilmember Thole, seconded by Councilmember Bea1ka to approve the 1996 Cigarette Licenses, contingent upon submission of all required documentation and fees. All in favor. COMMUNICA TIONSIREOUESTS 1. Charter Commission - ReqJ1ested chanlle to Ci~ Charter. The Charter Commission requested a meeting with the City Council regarding a change to the City Charter. Council scheduled a meeting for 4:30 p.m. on January 16, 1996. STAFF REPORTS 1. City Coordinator - Motion by Councilmember Thole, seconded by Councilmember Cummings to direct the City Coordinator 0 advise the Grumpier Old Men production company that the City will accept the donation of an icefishing house. All in favor. (' Motion by Councilmember Thole, seconded by Councilmember Cummings to authorize the Community Development Director to reimburse special use permit fees for kennels to those no longer covered by the amended kennel ordinance. All in favor. 6 r Stillwater City Council Minutes Recessed Meeting December 5, 1995 ADJOURNMENT Motion by Councilmember Cummings, seconded by Councilmember Thole to adjourn the meeting at II :03 p.m. All in favor. d~#' ATTEST: fY[f, L/ )i JJh CITY CLERK Resolutions: r No. 95-273 - Directing Payment of Bills No. 95-274 - Gambling Prernises Permit Renewal - American Legion Post 48 No. 95-275 - Adopting Final Budget for 1996 No. 95-276 - Adopting Final Tax Levy for 1996 No. 95-278 - Purchase gas monitor for sewer department No. 95-279 - Contract with Braun Pump and Controls for repair of Nelson Street Lift Station No. 95-280 - Approving release offorfeiture provision in Development Agreement between City of Stillwater and St. Croix Preservation Company (Lumber Baron's Hotel) No. 95-281 - Receive report and call hearing on Segment #2, Seeley Street to Greeley Street, Pine Street improvements, 1.1. 295 No. 95-282 - Approving transfer of Liquor license from Hidden Valley Lounge to Loggers, Inc. c 7