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HomeMy WebLinkAbout2003-10-07 CC MIN CITY OF STILLWATER CITY COUNCIL MEETING NO. 03-21 Council Chambers, 216 North Fourth Street October 7, 2003 REGULAR MEETING 4:30 P.M. Mayor Kimble called the meeting to order at 4:30 p.m. Present: Absent: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble None Others Present: City Administrator Hansen Director of Administration Knauss Police Chief Dauffenbach Public Works Director Eckles City Attorney Magnuson Fire Chief Kallestad Assistant Chief Crotty Community Development Director Russell City Clerk Ward OTHER BUSINESS Capital Outlav expenditure request - Civil Defense Siren Police Chief Dauffenbach requested authorization to purchase an upgrade for one siren. He stated that the upgrade would be to convert sirens to battery power so that when the power goes out the sirens will work. He also stated that he has budgeted in 2004 to upgrade the remaining two sirens. Motion by Council member Rheinberger, seconded by Council member Junker to approve the capital expenditure for one siren upgrade. All in favor. Capital Outlav expenditure requests - Fire Department Fire Chief Kallestad requested purchase of radio headsets for two fire trucks (hearing protection issue, and improves communications), fire fighter turn out gear (bunker pants and coats, 6 sets) and scuba diving facemask with associated quick connects for new and 3 existing facemasks at a cost of $17,900 which were budgeted in 2003 Capital Outlay. Motion by Council member Kriesel, seconded by Council member Rheinberger to approve the expenditure of $17,900 from 2003 Capital Outlay for the requested equipment. All in favor. Fire Chief Kallestad requested approval to develop plans and specifications, and advertise for bids for a remodel of the rest rooms in the fire station because there is no women's restroom in the fire station. He stated that this project has been discussed before and has been on hold for nearly two years. He explained building code mandates relating to the remodeling and handicap accessibility and that the code mandates that any remodel of restrooms in our fire station include two toilet facilities for men and two for women, which must be handicapped accessible and include one Stillwater City Council Meeting 03-21 October 7, 2003 accessible stall. He explained to accommodate a code compliant women's restroom within the fire station, the men's restroom must be remodeled and downsized and a hallway must be abandoned to create enough space, which has contributed to make this project quite costly. He stated that Larson Brenner Architects has proposed a maximum cost of $12,000 for the preparation of architectural plans and engineering specifications and the total estimated cost of the remodel would be $96,250. Council member Milbrandt asked that alternate bids be included to help reduce the cost of the remodel. Council member Junker asked if some "sweat equity" could be used to help reduce the cost. Mayor Kimble expressed concern on the architectural and engineering fees and asked if this was necessary. Public Works Director Eckles explained per Minnesota Statute that any public building built or remodeled must have plans drawn by a registered architect. Motion by Council member Milbrandt, seconded by Council member Kriesel authorizing the plans and specifications with bid alternatives and advertisement for bids. All in favor. Fire Chief Kallestad requested to advertise for bids for a "Quick Attack Fire Engine". He stated that although smaller and lighter than a "Class-A" Fire Engine, the quick attack engine will have capabilities to respond to fires, automobile extrications, medical calls and the engine will also include a compressed air foam (C.A.F.) system, one of the best technological advances in fire fighting in many years. He stated that the biggest advantage of this smaller engine is less cost to operate, repair, and replace, especially when over 60 percent of the emergency calls it will respond to will be medical calls. He also stated that bids are expected to be approximately $185,000 and $175,000 was approved for the "attack engine". He stated that through fundraising efforts, very generous donations of $110,000 have already been received, and donations continue to come in, based on the current donations the City's cost would be $75,000. Motion by Councilmember Rheinberger, seconded by Council member Milbrandt authorizing the advertisement for bids for the Quick Attack Fire Engine. All in favor. Update on Expansion Area Traffic Study Community Development Director Russell stated that the City is preparing a traffic study for the expansion area with Washington County and Mn/DOT. RLK, traffic consultant, was hired to prepare the study. He stated that existing condition information has been collected that help describe are traffic issues, and that on September 24, 2003, a study area meeting was held where the "existing conditions" information was presented and discussed with area residents. He reviewed the key issues which are Deerpath through traffic volumes; Lack of north/south street continuity; Neal Avenue extension connection; CR 12/Boutwell Road intersection; Intersection access spacing and Traffic operations at key intersections. Page 2 of 17 Stillwater City Council Meeting 03-21 October 7, 2003 Mr. Russell reviewed an opinion survey that was administered to participants at the 9/24/03 neighborhood meeting. He stated that alternatives to address these traffic issues are being developed and will be presented for review and discussion at the 10/13/03 Planning Commission meeting (open house), with a public hearing to be scheduled with the Planning Commission and recommendation with Council presentation scheduled for November 2003. Downtown Plan Update Community Development Director, Steve Russell, gave a Downtown Plan update for the area bounded by Main Street, Mulberry, Myrtle and the St. Croix River is currently underway. He stated that three meetings have been held, one with City Committees and Commissions, one with Downtown business and property owners and a third meeting, last Wednesday, with a coordinating committee comprised of representatives from the two previous meetings. Mr. Russell stated that on Wednesday, October 1, 2003, a meeting was held to begin developing a plan or plans for the study area and that the meeting turned into a discussion of the Downtown flood wall - its location and height which is a concern to the participants, therefore the flood wall issue needs to be resolved for the group to move on to develop a plan. Mr. Russell stated that various flood protection methods are available for locations along the flood protection area and moving the protection closer to Main Street (approximately the 100 year flood level) results in less visual impact. He stated that some downtown business owners questioned the need for any permanent flood protection in the downtown. He stated the next meeting of the coordinating committee is set for October 22, 2003 Update on 501 S. 2nd Street property (Brad Castle) Community Development Director Russell reviewed the status of the garden shed on 501 S. 2nd Street. He stated that staff has tried to contact Mr. Castle regarding the issue but has received no response. He stated that Cindy Shilts, Building Official spoke to Mr. Hagstrom who spoke to Mr. Castle last week and the project appears to be at a stand still. He stated that the Building Official recommended that an order be issued to Mr. Castle indicating he has 30 days to complete the project or the City would order a demolition of the remaining portion of the home. Councilmember Junker stated that the City has been generous to Mr. Castle and no work has been done to the "garden shed." He expressed concern for safety by letting this project remain as it is. Council member Milbrandt agreed with Council member Junker but felt that 30 days was too long, he would like to see substantial work done within 15 days. Motion by Council member Milbrandt, seconded by Council member Junker authorizing the Building Official to prepare an order to Mr. Brad Castle stating that he has 15 days to show Page 3 of 17 Stillwater City Council Meeting 03-21 October 7, 2003 substantial work done on the garden shed or the City would demolish the garden shed. All in favor. STAFF REPORTS Police Chief Dauffenbach reported that this year has been the busiest year for police response to calls and that it has been difficult because the department is short staffed. Public Works Director Eckles provided an update on the Long Lake Advisory Group. He stated that it does not look like there will be any consensus among the participants on the level of Long Lake, therefore the advisory group will no longer meet and a report to Council will be presented at a meeting in the near future. Public Works Director Eckles reported on an email requesting his participation on a Mn/DOT Corridor Technical Advisory Group. He stated that he has conflicts with the meeting dates and would not be able to attend the meetings. He asked if any of the Council wished to attend. Ms. Jeanne Anderson stated that she would be willing to be a participant on the group. Mayor Kimble stated that he felt that someone from the Engineering Department should attend who has technical knowledge. Council asked Mr. Eckles to find out more information and return to council, but in the mean time directed the engineering department to send a representative on behalf of the City. Councilmember Rheinberger asked City Attorney Magnuson if there was any news on the Old Athletic Field issue. City Attorney Magnuson stated that a report on this issue would be presented to Council at a future meeting. He stated that Mr. Parker is going to provide him with additional information and he has not received that information. Council member Rheinberger suggested that the City should enter an immediate inquiry to purchase the Old Athletic Field property. He stated that his fear is that the Old Athletic Field is a serious candidate for School Board divesting as a way to bail the district out of financial trouble because of their commitment to lease laptop computers. Mayor Kimble stated that Council has made it clear to the School District that the City should have first right of refusal on the property should it be found that the property does not revert back to the City. Motion by Council member Rheinberger to pursue the possibility of the City purchasing the property. Motion failed for lack of second. City Administrator Hansen requested Council to hold a special meeting for a workshop on October 21,2003 at 4:30 p.m. Page 4 of 17 Stillwater City Council Meeting 03-21 October 7, 2003 Motion by Council member Kriesel, seconded by Councilmember Rheinberger authorizing a workshop for 4:30 p.m., October 21,2003. All in favor. City Administrator Hansen asked Council if they were interested in a goal setting session. Council member Rheinberger stated he was against a goal setting workshop because of the cost, a loss of public duty to the public by staff, from his experience a plan is developed and have historically not been followed through, that it compromises councilmembers independence and does not take into affect the possibility of new opportunities. Council member Milbrandt stated he was in favor of a one-day goal-setting workshop with Council and City Administrator only. Councilmember Kriesel agreed with Councilmember Milbrandt, he is in favor of this program, and would like to see a half day with Council and administrator and half a day with department heads Councilmember Junker stated he would like to see a goal session that also includes department heads. He also stated that a session like this would provide more continuity and direction. He would like a one day session and utilize the time to the maximum for goal setting. Mayor Kimble stated that goal sessions in the past have been good and many projects completed because of goal setting sessions. He suggested that the administrator check into other providers. Mayor Kimble recessed the meeting at 6:15 p.m. RECESSED MEETING 7:00 P.M. Mayor Kimble called the meeting to order at 7:00 p.m. Present: Absent: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble None Others Present: City Administrator Hansen Director of Administration Knauss Police Chief Dauffenbach Public Works Director Eckles City Attorney Magnuson Community Development Director Russell City Clerk Ward Page 5 of 17 Stillwater City Council Meeting 03-21 October 7, 2003 APPROVAL OF MINUTES Motion by Councilmember Junker, seconded by Councilmember Kriesel to approve the August 26, 2003 Special Meeting and September 16, 2003 Regular Meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Diamonds on Main Robbery - Citizen Commendations Mayor Kimble and Police Chief Dauffenbach presented Citizen Commendations to Brian Graff, Eric Forseth, Daniel Clark, Ryan Walker, Ryan Bevens and Eric Ellingsworth for their participation in the apprehension of the suspect who robbed Diamond on Main on July 25, 2003. Mayor Kimble reminded everyone of the Fire Department's Annual Fish Fry on October 17, 2003 and Fire Prevention Open House on Saturday, October 11 from 9 a.m. to 1 :00 p.m. Request for tent for Grand Re-openino - Chris Novak - Valley RidQe (formerly River Heiohts Plaza) Mr. Kriss Novak, owner of the Valley Ridge shopping area requested approval of a tent for the grand reopening of Valley Ridge (formerly River Heights Plaza) to be held on Thursday, October 30, 2003 from 3:30 to 6:30 p.m. He also provided an update on the improvements to the plaza and the acquisition of tenants. Motion by Councilmember Milbrandt, seconded by Council member Rheinberger to approve the request for the tent by Mr. Kriss Novak. All in favor. St. Croix Valley Athletic Partnership - 2004 Capital Request - Randy Kopesky. John Melville. Ed Simonet and Denise Stephens Randy Kopesky, John Melville, Ed Simonet and Denise Stephens gave a presentation to Council on the St. Croix Valley Athletic Partnership's progress at the Lucy Winton Bell Athletic Fields and requested a contribution of $80,000 over a four-year period to assist in the capital funding of bleachers, benches and goal posts. City Administrator Hansen stated that the 2004 budget has been set and that this request was not included in the budget process. Councilmember Rheinberger stated that it is a worthy project however he was against giving a contribution this year because the budget has already been set. He suggested the request could be considered for the 2005 budget. Councilmembers Milbrandt, Kriesel, and Junker felt that the program was an asset to the youth area athletics and that every attempt should be made to find a way to fund this request. Page 6 of 17 Stillwater City Council Meeting 03-21 October 7, 2003 Motion by Council member Milbrandt, seconded by Council member Rheinberger directing staff to bring this issue to a workshop to determine the amount of contribution and how to fund the request. All in favor. Proclamation - National Business Women's Week - October 19 throuah October 25. 2003 Mayor Kimble read a proclamation declaring October 19-25, 2003 as National Business Women's Week. Reauest for reconsideration of outside seatina - Savories Ms. Kristen Klemetsrud expressed her disappointment that she was not contacted regarding the elimination of outside seating at her establishment. She stated that there has not been any type of complaint regarding her restaurant or the tables and chairs. She also stated that she does not have private outdoor seating and that these tables and chairs indicates to the visitors that there is more to see at the north end of town. She requested that the table and chair removal be reconsidered. Ms. Klemestsud's father presented pictures of other obstructions that are on the public sidewalks. Council member Milbrandt stated that the action was not directed at Savories restaurant, but as a result of review of downtown public seating, newspaper boxes, and liquor use on public sidewalks, not just tables and outside seating. Councilmember Kriesel stated that this item should be returned to staff for further recommendations and that this issue is not about Savories, but what precedent is being set for downtown in regard with any establishment using the sidewalk for their business. Council member Rheinberger stated that the request should be reconsidered. Council member Junker stated that alcohol consumption should be a part of that information. Mayor Kimble explained that the issue is not only outside seating but various aspects of use of sidewalks by tables, chairs, newspaper boxes and that there is also the issue of City liability. Motion by Council member Kriesel, seconded by Council member Rheinberger directing staff to meet with Ms. Klemestrud, to review the request, as well as liquor issues and provide Council with recommendation at a future meeting. All in favor. Preliminary Plans - Library Expansion Mr. Bill Hickey provided an introduction for John Mecum and Joel Stromgren from Miller Dunwiddie Architects to provide information on the design drawings for the library expansion. Page 7 of 17 Stillwater City Council Meeting 03-21 October 7, 2003 Council member Rheinberger expressed his views that the library expansion not be done because of budget constraints and concern for increased operation costs. Council member Kriesel asked if the committee has considered partnerships with the churches for parking so that the parking item could be deleted. He also expressed his continued concern on future operating costs. Mr. Hickey stated that the committee has contacted the churches and that the parking item could be deleted if there are other options. He also stated that the committee would be willing to meet with Council at a workshop to discuss design information in detail and that he would recommend a workshop in January or February when more information on operating costs will be available. Councilmember Milbrandt commended the committee on their work and stated that hopefully it will become an asset to the community; time will tell when it comes to the financing. Mayor Kimble also commended the committee. OPEN FORUM A resident expressed concern on the library and that it is premature to design when costs are not known and that the present library should be retained at its current level due to the economic climate. Ms. Tina Michaud, 904 1st Street expressed concern regarding a notice she received for the removal of trees in relation to the Terra Springs project and requested that the City keep as many trees as possible. She is concerned that they will be clear cutting the terrace. Public Works Director Eckles explained that trees within 15 feet of the wall are being removed because the root system is compromising the wall and the trees that are coming out of the wall. He explained that a small failure caused by the trees could cost $200,000. He stated that between the wall and 2nd Street there is approximately 150 feet and the trees affecting the wall will be removed. Mr. John Scheibe, 419 Harriett Street stated that he was given an asphalt driveway and that it was his understanding that the contractor was to replace what was there prior to construction and he did not want asphalt. Mayor Kimble directed Mr. Scheibe to speak with Public Works Director Eckles. CONSENT AGENDA Motion by Councilmember Rheinberger, seconded by Councilmember Kriesel to approve the Consent Agenda. All in favor. Ayes: Council members Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Page 8 of 17 Stillwater City Council Meeting 03-21 October 7, 2003 Resolution 2003-209, directing payment of bills Possible approval of gambling permit for St. Croix Valley Religious Education Program - November 7, 2003 Resolution 2003-210 approval of contracts with John Ballis and Jan Pitman to perform background checks for Fire Department employment Approving Fiscal Year 2004 Budget - Joint Cable Communications Commission Resolution 2003-211, approving health insurance rates effective January 1, 2004 Request for sandwich board sign and spotlights - Washington County Historic Courthouse - Christmas at the Courthouse Resolution 2003-212, approving Minnesota premises permit for gambling for American Legion Post 48, 103 s. 3rd Street, Stillwater, MN. Approval of Utility Bill Adjustments PUBLIC HEARINGS This is the date and time for a public hearina to consider the proposed assessments for the 2003 street improvements (Proiect 2003-02). Notices were mailed to affected property owners and published in the Stillwater Gazette on September 19. 2003. Assistant City Engineer Sanders gave a presentation to Council on the 2003 street improvements, related costs and proposed assessments. He stated that the total project costs will amount to $1.2M. There were a few additions to the project that increased the cost, which were street improvements to Harriet Street north of Churchill, new sewer and water main in the backyards of Willard, Abbott, Everett and Martha Streets and a six-inch water main was added to Harriet north of Pine Street. He also stated that the assessable cost is $584,416.73, City's share $584,747.57 and the Water Board is $30,000 with the assessment period of 10 years and interest rate of five percent. He stated that the project should be done by the end of October and if weather holds out a final lift of bituminous would be done this year. Council member Rheinberger asked how sod failure would be addressed. Mr. Sanders stated that once the City accepts the project, there is a one-year warranty period on the project. Councilmember Kriesel asked about the assessment on 418 Harriet Street Mr. Sanders explained that the property owner's water line went through the neighbors basement and that a water service served 4 or 5 properties to correct the problem, a new watermain was put in to serve that property. He stated that the contractor's price was high because it was not part of the contract and because the service was located under a telephone conduit. Public Works Director Eckles explained that this property has never paid a watermain assessment for any project and that the assessment was based on what other people have paid for a watermain. Mayor Kimble opened the public hearing. Page 9 of 17 Stillwater City Council Meeting 03-21 October 7, 2003 Mr. Don Christensen, 418 Harriett, presented a written objection to his assessment. He explained the process they went through to get bids from private contractors and stated that the watermain assessment to his property could have been done cheaper and felt that the assessment was too high and he could of gotten it done for approximately $2600. He stated he received information from a water department employee that the only reason they were putting in a watermain down Harriet was to install a fire hydrant to meet code. Michael Hamp, 917 W. Hickory asked about curbs and on the side of the road. Mr. Sanders stated that blacktop curb would be installed on the north side. He stated that the south side, on the eastern end, the road is sloped to one side so that water would not fill driveways and on the western end where the driveways are the road ends will be a swaled to the catch basin. Mr. Hamp asked if his drop in the driveway will be corrected and stated if he has to pay the bill he wants the job done right. Mr. Sanders suggested that Mr. Hamp contact him tomorrow and he could meet with him and other concerned persons at their convenience. Mr. Hamp stated that the contractors did a great job, however, the problem was getting them there to do their job and the project isn't finished yet the City wants payment. Public Works Director Eckles explained that the City could delay the assessments, however, if that was done, the City would have to add the extra interest to the assessment and the staff is determined to get the contractor to do a good job. Mayor Kimble suggested that Mr. Hamp meet with staff on his driveway and that staff does a great job getting the contractors to do the job right, but that if he is not satisfied to call him. David Simonet, 600 S. Holcombe, stated that he was in favor of the improvement however that when the contractor laid the sod there was no black dirt put down before the sod was laid. He stated his yard is rolling. He also stated that there was a water break and he was told by the water board that he would be assessed for the break in the service. Mayor Kimble asked the Public Works Director to look at the sod. Mr. Eckles stated staff would do that. He also asked the neighborhood to water the new sod because it will payoff in the end. Mr. Steve Polzin, resident at the corner of Owen and Hickory, requested that speed limit signs be placed in the area, as there is a school in the area and that the Dead End street sign be placed up front so people can see it. Page 10 of 17 Stillwater City Council Meeting 03-21 October 7, 2003 Michael Gearhart, 1001 S. Holcombe, stated that he was pleased with the project, the street will probably hold up better than when it was installed 20 years ago and that the neighborhood has the best streets in town. Mr. Don Christensen stated he spoke with Mr. Sanders and that he said that the cost of the watermain is approximately $33.00 per foot with the length of the pipe of 245 feet. The cost would be $8,085 and with the six residents it would be $10,681.86 ($1780 per lot) difference coming out ahead $2600, and with his assessment it is coming out $6,100 a head. Mayor Kimble closed the public hearing. Motion by Councilmember Rheinberger, seconded by Councilmember Kriesel to adopt Resolution 2003-213, resolution adopting assessment for street improvement project (Project 2003-02, LI 355) with the exception of 418 Harriet St S, Geocode No. 2803020340075, directed staff to meet with Mr. Christensen regarding his assessment and investigate the items brought up at the public hearing. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Case No. V/03-77. This is the date and time for a public hearina to consider an appeal of the Plannina Commission's decision on a request from John R Melville for a variance to the side yard setback (10 feet required. 6.5 feet requested) for the construction of an addition to an existina residence located at 125 Northland Avenue in the RA. Sinale Familv Residential District. Community Development Director Russell reviewed the request for an appeal of the Planning Commission's decision for a variance at 125 Northland Avenue. He stated that the Planning Commission voted 4-4 therefore they are denying the request and that a letter of support from the affected property owner has been received. David Middleton, explained the Planning Commission's decision. Mayor Kimble opened the public hearing. Mr. John Melville, 125 Northland Avenue, stated that the reason for the appeal was because of the split decision and requested Council approval of the variance. He stated that there was one concern about a slab brought up at the Planning Commission meeting that he will not put in. He felt that the 3.5 feet was a compromise and felt that the variance process could be used to show a hardship because the positioning of the pool by a previous owner locks out reasonable expansion. He requested that his variance be approved. Mayor Kimble closed the public hearing. Motion by Councilmember Kriesel, seconded by Councilmember Rheinberger to adopt Resolution 2003-214, approving variance to the side yard setback (10 feet required, 6.5 feet Page 11 of 17 Stillwater City Council Meeting 03-21 October 7, 2003 requested) for the construction of an addition to an existing residence located at 125 Northland Avenue. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None UNFINISHED BUSINESS Possible second readino of Ordinance No. 940. an Ordinance implementina a franchise fee on Xcel Eneroy Gas and Electric Operations within the City of Stillwater City Administrator Hansen reviewed the proposed ordinance. He stated that Xcel Energy still maintains that the restoration fee and degradation fees are the same and that the City Attorney, Public Works Director and he do not agree. He also stated that he just received information from Xcel that they did not think the City could charge a gas franchise fee, however the City Attorney believes the City can. He requested that Council adopt language, should Xcel challenge the gas franchise fee, to collect a 4% fee on the electric franchise. He stated that this amount would not be more than the electric and gas fee combined which Xcel Energy previously agreed. He recommended that Council adopt the ordinance and if Xcel Energy challenges the gas franchise fee, that the language of a 4% electric franchise fee be added to the ordinance. Mr. John Wertish, Xcel Energy, stated that Xcel recognizes the City's ability to authorize a franchise fee by ordinance on the electric, however the gas franchise does not have fee language. He requested Council to postpone the decision to the next meeting and form a committee of less than a quorum of the Council and with Xcel Energy representatives to come to an agreement. He stated that if this is not possible, Xcel Energy would strongly oppose any gas franchise fee. He stated that he was dissatisfied with the communication with the City on this issue. City Attorney Magnuson explained the franchise agreements and that the gas franchise agreement does not specifically state that a gas franchise fee can be implemented but it does not specifically say that the City can not implement this fee. He stated that that it is his belief that the City can implement this fee. He stated that the City served notice to Xcel in June and that yesterday was the first time the gas franchise fee was challenged by Xcel. Councilmember Milbrandt expressed displeasure of Xcel Energy's tactics and stated he was in favor of the ordinance and the proposed language. He stated that Xcel was at the last meeting and knew the item would be addressed at this meeting. Councilmember Junker asked about the degradation issue. City Attorney explained the degradation issue and stated that this ordinance would not change that part of the franchise agreement and could be dealt as a separate issue. City Administrator Hansen stated that the degradation issue should be dealt separately and that he would continue to work on that issue. He also stated that the process with Xcel started far different than other cities with a promise from Xcel that we would work together with them, work this out and not only assist the City, but make it easy and Page 12 of 17 Stillwater City Council Meeting 03-21 October 7 I 2003 rapidly and to be effective August 1 and now it will be December 1. He stated that it became a daisy chain that went nowhere. Council member Kriesel asked if Xcel had a problem with the ordiance if the gas franchise fee is out of the equation. Mr. Wertish stated that Xcel still had a problem with it because the electric franchise fee was agreed at a lesser percentage and if the higher percentage is used Xcel will contact its customers but would not have done that with the lesser fee. Council member Kriesel stated he agreed with Council member Milbrandt's comments and postponing this any further puts the City behind the eight ball. Mayor Kimble asked when the current franchise agreements expire. City Attorney Magnuson stated that the franchise agreements expire after 20 years and these agreements were renewed in 1997 or 1998. He stated that passing this ordinance would not interfere with continued negotiations on a franchise agreements. Council member Rheinberger stated that he is against the franchise fee because the property tax and traditional sources should be the basis of revenue, listening to the voters saying no new taxes which this is a different name for taxes and he would not support this fee. Motion by Councilmember Milbrandt, seconded by Councilmember Junker to adopt Ordinance No. 940, an Ordinance implementing a franchise fee on Xcel Energy Gas and Electric Operations within the City of Stillwater and if Xcel Energy challenges the gas franchise fee to amend the ordinance with language proposed by City Administrator Hansen. Ayes: Councilmembers Kriesel, Milbrandt, Junker and Mayor Kimble Nays: Councilmember Rheinberger Status on purchase/removal of home City Administrator Hansen stated that he had an inquiry about the possible removal of the home, but unfortunately the person decided not to proceed with the bid. He recommended that the developer's contractor demolish the home, as they would be paying the city to demolish if the city used a contractor to demolish the home. Motion by Council member Rheinberger, seconded by Council member Kriesel authorizing the demolition of the home by the Terra Springs contractor. All in favor. NEW BUSINESS October 28 City Council meetina date City Clerk Ward reviewed her memo regarding the October 28, 2003 meeting and asked Council if they wished to move the meeting back to November 4, 2003 being that City Hall would not be used as a polling place for the School District Election. Page 13 of 17 Stillwater City Council Meeting 03-21 October 7, 2003 Motion by Council member Rheinberger, seconded by Councilmember Junker to leave the meeting on October 28, 2003 and directed the City Clerk to publish notice of the change of meeting date. Recommendation on annual investioation fees for Iiauor and tobacco City Administrator Hansen stated that in June 2003 Council approved an annual investigation fee relating to liquor and tobacco licenses. He stated that Chief Dauffenbach and he had reviewed the fee and recommended that the annual investigation fee be reduced to $150.00. Motion by Councilmember Rheinberger, seconded by Council member Junker to adopt Resolution 2003-215, resolution amending Resolution 2003-125, setting fees for services. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Possible appointment to the Downtown Parkina Commission Mayor Kimble stated that an application for appointment to the Downtown Parking Commission has been received from Michael Rice. Motion by Council member Kriesel, seconded by Council member Rheinberger to adopt Resolution 2003-216, Appointment to Downtown Parking Commission. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Recommendation from Parks Board for Smokino Policv in City Parks Community Development Director Russell stated that the Parks Board recommended that the City have a smoking policy and signing facility with peer group enforcement in the City parks. He stated that the policy would state, "the City of Stillwater supports a Tobacco Free Policy in and around organized youth activities in City Parks". Councilmember Rheinberger provided his reasons not supporting the policy and thought the efforts would be better spent on research. Councilmember Milbrandt stated that the policy can not be enforced and it is hoped that peer pressure would eliminate smoking at youth events. Councilmember Junker stated he would not be opposed to signage regarding the policy. Council member Kriesel stated that he understands the merits of not smoking in public places, but this is taking it to a higher level that we don't need. Page 14 of 17 Stillwater City Council Meeting 03-21 October 7, 2003 Councilmember Milbrandt agreed with Council member Kriesel, but he does not see the need to legislate this issue. Motion by Council member Rheinberger, seconded by Council member Kriesel not to implement the smoking policy for City parks. All in favor. Rumpf Marina Reserved Lot City Attorney Magnuson stated in August of this year the City obtained title to what is called a reserved lot, a parcel that has been used for many years by the Rumpf Marina. The City obtained this lot because it was tax forfeit and the instrument of conveyance provides that the land must be used exclusively for a lift station for providing sewer to the Dutch Town Area. He stated that the City only needs part of this lot and it would seem reasonable that the parts of the lot that are not used for public purposes be somehow made available to the Rumpfs'. He also stated that this could be possible if the City obtained title to the lot by paying the appraised value to the State and County. According to the County Auditor, the appraised value of the parcel is $25,000. Mr. Magnuson stated that he has been working with Richard McDonough, Real Estate Agent for Ruby Rumpf and believed we have reached an agreement, which was approved by the Rumpfs. He stated that this Agreement provides that the City would reconvey the parcel to the State and then purchase it so that it could be used without restrictions and that the City would retain the property and other rights necessary to safeguard the public and convey the remainder to the Rumpfs. He stated that the agreement provides that Rumpfs would reimburse the City for the cost of the purchase so the City should have no out-of-pocket expenses in connection with this effort. Motion by Councilmember Rheinberger, seconded by Councilmember Kriesel to adopt Resolution 2003-217, approving contract for redevelopment between the City of Stillwater and Ruby E. Rumpf. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Possible acceptinQ of Quotes and awardino contract for City Hall Parkino Lot improvements Public Works Director reviewed the quotes for the City Hall Parking Lot improvements. He stated that City crews will be doing the storm water work and that M.J. Raleigh is the low bid of $41,885.25 for the grading and resurfacing improvements. Motion by Council member Rheinberger, seconded by Councilmember Milbrandt adopting Resolution 2003-218, accepting quotes and awarding contract for City Hall Parking Lot improvements. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Page 15 of 17 Stillwater City Council Meeting 03-21 October 7, 2003 Possible purchase of land for prison wall reconstruction Community Development Director Russell stated that a portion of the natural prison wall collapsed and is in need of repair and in order to repair the wall, access on private property is required. He stated that based on discussions with the property owner, purchase of the required property has been negotiated and that the approximate size of the property is 20'x 220 or 4,400 square feet. He stated that caves under the site would also be purchased and chimneys to the caves closed off. He also stated he cost of the land purchase is $15,000 which would be paid by the Terra Springs developer as part of the land purchase set aside of the Terra Springs Development Agreement. Motion by Councilmember Rheinberger, seconded by Council member Junker to adopt Resolution 2003-219, authorizing purchase of land for the repair of the natural prison wall. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None COUNCIL REQUEST ITEMS Councilmember Kriesel asked City Attorney Magnuson to investigate who owns the historical surveys. He stated that he is not against the selling of the histories at cost, but they should not be sold at a profit. City Attorney Magnuson will provide Council information on this issue. STAFF REPORTS (continued) City Attorney Magnuson stated that he has received a request regarding the changing of the fence ordinance regarding pools be amended to include "child protection covers" in lieu of the fence requirement around pools. Motion by Councilmember Rheinberger, seconded by Councilmember Kriesel to approve the first reading of an ordinance amending fence regulations relating to pools. All in favor. ADJOURNMENT Motion by Council member Rheinberger, seconded by Council member Junker to adjourn at 10:14 p.m. All in favor. . ~~ ATTEST: ffi~ J /I lulL Diane F. Ward, City Clerk Page 16 of 17 Stillwater City Council Meeting 03-21 October 7, 2003 Resolution 2003-209, directing payment of bills Resolution 2003-210 approval of contracts with John Sallis and Jan Pitman to perform background checks for Fire Department employment Resolution 2003-211, approving health insurance rates effective January 1, 2004 Resolution 2003-212, approving Minnesota premises permit for gambling for American Legion Post 48, 103 s. 3rd Street, Stillwater, MN. Resolution 2003-213, resolution adopting assessment for street improvement project (Project 2003-02, LI 355) with the exception of 418 Harriet St S, Geocode No. 2803020340075 Resolution 2003-214, approving variance to the side yard setback (10 feet required, 6.5 feet requested) for the construction of an addition to an existing residence located at 125 Northland Avenue Resolution 2003-215, resolution amending Resolution 2003-125, setting fees for services Resolution 2003-216, Appointment to Downtown Parking Commission Resolution 2003-217, approving contract for redevelopment between the City of Stillwater and Ruby E. Rumpf Resolution 2003-218, accepting quotes and awarding contract for City Hall Parking Lot improvements Resolution 2003-219, authorizing purchase of land for the repair of the natural prison wall Ordinance No. 940, an Ordinance implementing a franchise fee on Xcel Energy Gas and Electric Operations within the City of Stillwater Page 17 of 17