HomeMy WebLinkAbout2004-06-01 CC MIN
CITY OF STILLWATER
CITY COUNCIL MEETING NO. 04-12
June 1, 2004
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
Police Chief Dauffenbach
Director of Administration Knauss
Public Works Director Eckles
Acting Fire Chief Glaser
Community Development Director Russell
City Clerk Ward
OTHER BUSINESS
Workshop on Downtown Flood Protection Alternatives
Public Works Director Eckles reviewed the proposed agenda for the workshop which
was Introductions - Corps of Engineers, SEH, Architects, background and framing of
issue to address by staff; presentation of schematics and photos by consultants SRF
and SEH; presentation of evaluation procedure by staff and having Council discussion
and answering questions. He provided Council with Economic analysis and advantages
and disadvantages of each concept performed by staff; minutes from an evaluation of
options meeting with SEH and Army Corps of Engineers; and economic analysis
performed by the Corps of Engineers. Those who were in attendance for the workshop
with Council and staff were SRF architects Bob Lane, SEH engineers Jeff Johnson and
Mark Angelo, Architects John Larson and Dewey Thorbeck; Tom Scully - Corps of
Engineers and others in attendance were Mike McGuire, Debra Asch and Ed Cain.
Council member Rheinberger asked if the steel walls leak.
Mr. Angelo stated that they leak somewhat, however even an earthen dike will leak as
well.
Council member Rheinberger asked how high could a levee be built, such as 698'.
Mr. Angelo explained that building an emergency levee to 698 would be pushing the
envelope because in order to maintain that height the base would be over 70 feet wide
and the emergency material is probably not the best material to use to build that high.
Mayor Kimble explained how the dike was built three years ago and stated it was pretty
solid. Pictures were taken to show how it was done to show other people.
The Public Works Director informed Council that there has been talk that FEMA may not
pay cities if they keep flooding and do nothing.
Council member Junker stated that in the discussions with small groups and business
leaders the main point of the discussions is that the river is the biggest asset and
utilizing the sight lines and controlling the parking are the important issues.
Council member Kriesel asked what size storm event would the ponds hold.
Mr. Eckles stated it would not take much of a storm event to flood downtown from the
backside during a flood. He also stated that all options provide better infrastructure to
fight a flood.
Mr. Jeff Johnson stated the plans call for making improvements that would help in the
pumping of water on the backside.
Councilmember Milbrandt stated that the 691' option does not have a visual impact to
speak of according to the drawing from the Freighthouse, and from Commercial Street
north mother nature is there to help. He understands that the 691' option is compliant
with the City's current funding option.
Council member Rheinberger favors the 691' flood protection. He felt that the residents
would rather pay an extra $5M for a library than extra flood protection, and if nothing is
done he felt that the downtown would have lasting economic decay. He stated that the
691' option would create an "investment" attitude, give the City time to look for other
resources from the State or Federal government, bring decision makers to the reality
that a 100 year protection is a good idea and prevents the downtown, a current asset,
from sliding into a liability to the City.
After considerable discussion a motion by Council member Milbrandt, seconded by
Councilmember Rheinberger to select Option 2, 691' as it protects river sightlines,
is consistent with ACOE approval and funding and provides the greatest flexibility in
design. All in favor.
STAFF REPORTS
City Administrator Hansen reviewed a request from Ms. Crystal Carlson, 119 Birchwood
Drive, for the purchase of City property. He explained the process for the purchase of
City property. He stated that the request was made because the requestor's Jot is not
as large as the neighbor's and they have been allowed to purchase property. He stated
that costs incurred during the process would be paid for by Ms. Carlson.
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Motion by Council member Kriesel, seconded by Councilmember Rheinberger approving the
summary of notice of intent to sell city property, directing staff to prepare and publish
notification of intent to sell city property as required by City Charter Section 16.07. All in favor.
City Administrator Hansen reviewed a proposal from Washington County for a
countywide assessment. He stated at the present time the City pays the County for this
service and supporting this proposal would save the City money.
Motion by Council member Rheinberger, seconded by Council member Milbrandt to adopt
Resolution 2004-120, resolution supporting countywide assessment proposal.
Present:
Absent:
Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble
None
Councilmember Milbrandt asked about the status of the Depot signage.
Community Development Director Russell stated that a meeting has been made and he
understands that there has been some agreement and that staff will continue on the
issue.
Councilmember Milbrandt asked about the newspaper corrals downtown, he stated that
some newspapers are compliant and some are not.
City Administrator Hansen stated that under the agreement the newspapers themselves
would do enforcement. He stated he would follow up on this issue.
Mayor Kimble recessed the meeting at 6:00 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
Police Chief Dauffenbach
Public Works Director Eckles
Acting Fire Chief Glaser
Community Development Director Russell
City Clerk Ward
PLEDGE OF ALLEGIANCE - Observance of Flag Day - June 14, 2004
Julie Kink led the Pledge of Allegiance in observance of Flag Day - June 14, 2004
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APPROVAL OF MINUTES
Motion by Council member Kriesel, seconded by Council member Junker to approve the May
18, 2004 Regular meeting minutes. All in favor.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
Swearina in of new Police Officer - Ryan Mitchell
Mayor Kimble performed the swearing in of the City's newest police officer Ryan
Mitchell
Request to place fence on City Property - Charles McCloskey
Mr. Charles McCloskey, 1775 Johnson Drive, stated that when they purchased the
property in 1998, the previous owners told them that the sport court in the backyard was
within their property, however he recently discovered that it was not. He also stated that
he would like to put up a fence and requested he be allowed to put up a fence on the
City's property.
Mayor Kimble explained that review by staff is needed to determine if a variance,
easement or lease etc. would be beneficial to the City.
Motion by Councilmember Milbrandt, seconded by Councilmember Rheinberger approved the
placement of the fence on City project contingent upon staff and City Attorney review and
preparation of required documents. All in favor.
OPEN FORUM
There were no public comments.
CONSENT AGENDA
Motion by Councilmember Rheinberger, seconded by Council member Junker to approve the
Consent Agenda
Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble
Nays: None
Resolution 2004-118, directing payment of bills
Resolution 2004-119, final payment to Dew Corporation Approval of application by
Brent Sharon to Sell 3-2 Beer at Lily Lake Ballfield for Ball
Approval of application for sale of Fireworks - Cub Foods
Approval of expenditure to replace carpet in Fire Department day room
Request for installation of banner - Globe of America- Shakespeare Play/Educational
Performance - August 6 - August 9, 2004
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Request for installation of banner - Art Reach Alliance - Art Crawl - June 4 - 20, 2004
PUBLIC HEARINGS
Case No. SUB/04-30. This is the date and time for a public hearino to consider a reauest from
Jon Saveland for a resubdivision to combine Lots 5 and 7. Blk 12. Thompson Parker and
Mowers 2nd Addition. into one lot of 12.600 sauare feet located at 110 South Everett Street in
the RB. Two Family Residential District.
Community Development Director Russell stated that the applicant is requesting a
resubdivision to combine Lots 5 and 7, Blk 12, Thompson Parker and Mowers 2nd
Addition into one lot of 12,600 square feet. The applicant is combining the two lots to
construct an attached garage. For a building permit review the applicant will need to
submit to the City Engineer a certified survey and a grading/site plan.
Mayor Kimble opened the public hearing.
There were no public comments.
Mayor Kimble closed the public hearing.
Motion by Council member Rheinberger, seconded by Councilmember Milbrandt to adopt
Resolution 2004-121, resubdivision to combine Lots 5 and 7, Block 12, Thompson Parker and
Mowers 2nd Addition (Case SUB/04-30).
Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble
Nays: None
Case No. SUB/04-33. This is the date and time for a public hearino to consider a reauest from
Dan and Rebecca Gray for a resubdivision of Lots 3 and 4. Blk 10. Carli and Schulenbera's
Addition (1008 N 2nd Street) into one lot of 22.592 sauare feet in the RB. Two Family
Residential District.
Community Development Director Russell stated that the applicant, Dan and Rebecca
Gray, request is to combine two lots of record into one lot. The reason for the request is
to remove the common property boundary so a detached garage can be constructed
within the new property and the new lot results in one lot meeting the minimum lot size
requirements for the RB District. He stated that the Planning Commission at their May
10 meeting recommended approval.
Mayor Kimble opened the public hearing.
There were no public comments.
Mayor Kimble closed the public hearing.
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Motion by Councilmember Rheinberger, seconded by Councilmember Junker to adopt
Resolution 2004-122, resubdivision to combine Lots 3 and 4, Block 10, Carli and
Schulenberg's addition (Case SUB/04-33).
Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble
Nays: None
Case No. SUB/04-36. This is the date and time for a public hearina to consider a request from
Joshua Corriaan for a resubdivision of east half of Lot 17. all of Lot 18 and 19. and west half of
Lot 20. Blk 3. Wilkins Addition. into one lot of 16.702 square feet located 518 W St. Croix
Avenue. in the RB. Two Familv Residential District.
Community Development Director Russell stated that the applicant is requesting a
resubdivision to combine the east half of Lot 17, all of Lot 18 and 19, and the west half
of Lot 20, Blk 3, Wilkins Addition to create a new 7675 square foot parcel. The parcel
that has an existing house and garage is 9,027 after the division. The single-family lot
size requirement in the RB District is 7500. He also stated that the Planning
Commission recommended approval with conditions.
Mayor Kimble opened the public hearing.
There were no public comments.
Mayor Kimble closed the public hearing.
Motion by Council member Rheinberger, seconded by Councilmember Kriesel to adopt
Resolution 2004-123, resubdivision to combine the east half of Lot 17, all of Lot 18 and 19,
and the west half of Lot 20, Block 3, Wilkins Addition (Case SUB/04-36) with conditions.
Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble
Nays: None
Case No. PUD/04-25. This is the date and time for a public hearinQ to consider a request from
Robert Butler. representina Human Services Inc.. (HSI). for Concept and Final Planned Unit
Development approval for a 4.489 square foot. six unit apartment (Phase I) and concept
approval onlv for a 5.442 square foot addition to the current clinic/office buildina (Phase II)
located at 375 Orleans Street in the PA. Public Administration.
Community Development Director Russell stated that the applicant is present to request
that this hearing be continued to the next meeting as well as the item under new
business entitled Land Use Recommendation for City land south of Orleans and east of
Osgood.
Dr. Butler, HSI, requested that the public hearing be continued to the June 15, 2004
meeting to allow HSI to meet with the neighborhood.
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Motion by Councilmember Rheinberger, seconded by Councilmember Junker to continue this
hearing and Land Use Recommendation for City land south of Orleans and east of Osgood to
the June 15, 2004 meeting. All in favor.
UNFINISHED BUSINESS
Land Use Recommendation for City land south of Orleans and east of Osaood
Will be addressed at the June 15, 2004 meeting.
NEW BUSINESS
Reauest to use Pioneer Park band shell on Julv 4 - St. Croix Events
Mayor Kimble reviewed the request by St. Croix Events for permission to use the
Pioneer Park band shell on July 4 for a performance by the St. Croix Jazz Orchestra
that evening. He also stated St. Croix Events requests the waiving of fees for the use of
the band shell.
Motion by Council member Rheinberger, seconded by Council member Junker granting
permission to St. Croix Events for the use of the band shell the evening of July 4, 2004 and the
waiving of fees for its use. All in favor.
Possible approval of Special Event reauest bv Barron Event Plannina & Manaaement
(supported bv Faith Inkubators) in Lowell Park
Police Chief Dauffenbach reviewed the request for a faith-based concert in Lowell Park
on Wednesday, July 14. He stated that the applicant has provided him with details and
is willing to pay for two police officers for the event and will be using Famous Dave's for
vending. He also stated that he does not see a reason to deny the request, however
being that this may be an annual event that a contract would be warranted and there will
be a bandstand erected as well.
City Attorney Magnuson stated that he has reviewed the proposed contract and finds it
acceptable.
Councilmember Milbrandt expressed concern that the events are using north and south
Lowell Park and the intent is to try to keep events on north Lowell Park.
Mayor Kimble agreed and stated that future events should designate either Lowell Park
north or Lowell Park south in the requests to use Lowell Park.
Motion by Councilmember Rheinberger, seconded by Council member Kriesel approving the
special event. All in favor.
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Possible cooperative aareement for sianal maintenance with Washinaton County
Public Works Director Eckles reviewed the cooperative agreement for signal
maintenance with Washington County.
Councilmember Milbrandt asked about the warranty and if any workmanship issues
would be handled by the County.
Public Works Director Eckles stated that the usual warranty period is one year but
would contact the County to find out the specifics.
Motion by Council member Rheinberger, seconded by Council member Junker to adopt
Resolution 2004-124, approval of Washington County Cooperative Agreement for Traffic
Signal Painting.
Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble
Nays: None
Possible approval of Lakeview Hospital aareement
Public Works Director Eckles reviewed the proposed agreement with Lakeview Hospital.
He stated that this agreement would be a cost sharing agreement for ponding that
would be part of the overall Lily Lake Water Quality project. He stated that the hospital
would not be assessed for future work in relation to the project because of the work
being done in conjunction with their project.
Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to adopt
Resolution 2004-125, approval of development agreement with Lakeview Memorial Hospital
Association, Inc.
Ayes: Council members Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble
Nays: None
Discussion on Culver's request for pond maintenance aareement
Public Works Director Eckles stated that a request has been received from Culver's of
Stillwater, which proposes a maintenance agreement for the detention pond located at
Curve Crest Blvd. and Market Drive. He stated that Culver's is suggesting that it could
perform maintenance including mowing, trimming and trash cleanup around the pond in
exchange for a reduction in the quarterly storm water utility fee.
Mr. Eckles stated that Culver's currently pays $54.00 a quarter in storm water fees and
that the details of the level of maintenance and the reduced monetary fee could be
worked out in a formalized agreement. Staff suggests that the quarterly storm water
utility fee could be reduced based on the proposed maintenance efforts of Culvers and
the size of the storm water pond in relation to the Culver's property.
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It was Council consensus that this was a good idea and suggested that maybe a policy
or ordinance change to reflect maintenance efforts should be addressed.
Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt directing staff
and the City Attorney to prepare a formalized agreement with Culvers of Stillwater for the
maintenance of the storm water pond located at Market Drive and Curve Crest Blvd. and bring
the agreement back to Council for approval. All in favor.
Possible acceptina bids and awardina contract for 2003 Seal Coatina
Public Works Director Eckles stated that this project is being shared by four
communities, Stillwater Township, Bayport, Oak Park Heights and City of Grant as well
as Stillwater and each community is responsible for their own cost of the project. He
stated that Stillwater's cost is $45,000 and that $80,000 was budgeted which includes
crack sealing. He also stated that the engineer's estimate for the project was $275,000
and he reviewed the bids for the 2003 Seal Coating project and recommended
awarding the contract to Pearson Bros, Inc. of Loretta for their bid of $254,734.17.
Motion by Council member Rheinberger, seconded by Councilmember Junker to adopt
Resolution 2004-126, accepting bids and awarding contract for 2004 street sealcoat project
(Project 2004-06) to Pearson Bros., Inc.
Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble
Nays: None
Possible approval of TPC proposal for providina North Hill lift station control
Public Works Director Eckles reviewed the proposal from Telemetry and Process
Controls, Inc. for providing all of the control systems for the North Hill Lift Station, that
TPC was the lowest price for installing all of the updated lift station controls throughout
the City just over a year ago and the price for the proposed controls appears to be
comparable to the prices we received in our original bid package from TPC for the entire
city system. He stated that it is vitally important that all of our lift stations controls be
compatible, interchangeable and operable with our current software system, and would
be highly advantageous for the City to go forward working with TPC because of the
specialized nature of the goods and services to be provided it would be extremely
difficult or impossible to obtain comparable quotes. He also stated that the City could
request a change order from Arcon, the general contractor of North Hill, but they
indicated that they would use TPC as well. Arcon would have an additional premium
added on for contract administration increasing the overall cost to the City, therefore he
recommended that the City enter into a contract with TPC directly for this work.
Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to adopt
Resolution 2004-127, accepting proposal from Telemetry and Process Controls, Inc. (TPC).
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Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble
Nays: None
Possible approval of transfer of liauor license from Terrintella's Corporation DBA The Grotto to
Luna Rossa. Inc.. DBA Luna Rossa Trattoria & Wine Bar
Mayor Kimble reviewed the memo from City Clerk Ward regarding the liquor license
transfer from The Grotto to Luna Rossa Trattoria & Wine Bar.
Motion by Council member Rheinberger, seconded by Council member Junker to adopt
Resolution 2004-128, approving transfer of ownership of On-sale, Off-sale, and Sunday liquor
license to Luna Rossa, Inc., DBA: Luna Rossa Trattoria & Wine Bar.
Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble
Nays: None
COUNCIL REQUEST ITEMS
Mayor Kimble informed the Council and audience that the Hope House auction was a
great success and that they thanked the City Council for the assistance of the City for
this event.
Councilmember Kriesel reminded people that the geese are back and not to feed them.
ADJOURNMENT
Motion by Council member Rheinberger, seconded by Councilmember Junker to adjourn the
meeting at 7:45 p.m. All in favor.
ATTEST:
f)~t1Ae ~ aJvd-
'Diane F. Ward, City Clerk.
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Resolution 2004-118, directing payment of bills
Resolution 2004-119, final payment to Dew Corporation
Approval of application by Brent Sharon to Sell 3-2 Beer at Lily Lake Ballfield for Ball
Resolution 2004-120, resolution supporting countywide assessment proposal
Resolution 2004-121, resubdivision to combine Lots 5 and 7, Block 12, Thompson
Parker and Mowers 2nd Addition (Case SUB/04-30)
Resolution 2004-122, resubdivision to combine Lots 3 and 4, Block 10, Carli and
Schulenberg's addition (Case SUB/04-33)
Resolution 2004-123, resubdivision to combine the east half of Lot 17, all of Lot 18 and
19, and the west half of Lot 20, Block 3, Wilkins Addition (Case SUB/04-36)
Resolution 2004-124, approval of Washington County Cooperative Agreement for
Traffic Signal Painting
Resolution 2004-125, approval of development agreement with Lakeview Memorial
Hospital Association, Inc.
Resolution 2004-126, accepting bids and awarding contract for 2004 street sealcoat
project (Project 2004-06).
Resolution 2004-127, accepting proposal from Telemetry and Process Controls, Inc.
(TPC)
Resolution 2004-128, approving transfer of ownership of On-sale, Off-sale, and
Sunday liquor license to Luna Rossa, Inc., DBA: Luna Rossa Trattoria & Wine Bar.
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