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HomeMy WebLinkAbout2002-02-05 CC MIN CITY OF STillWATER CITY COUNCil MEETING NO. 02-03 February 5, 2002 REGULAR MEETING 4:30 P.M. The meeting was called to order by Acting Mayor Milbrandt at 4:30 p.m. Present Council members Milbrandt, Rheinberger, Zoller Absent Councilmember Bealka and Mayor Kimble Also Present City Administrator Hansen City Engineer Eckles City Attorney Magnuson Fire Department Chief Kallestad Police Chief Dauffenbach City Clerk Ward Press: Julie Kink OTHER BUSINESS Enqineerinq Proiect Status Report Public Works Director Eckles presented the Engineering Department Project Status report. He reviewed the projects underway that included the Public Works facility, Settler's Glen, Bradshaw Development, Liberty Developments, Amundson Place, Brown's Creek Nature Preserve, Carnelian Street Subdivision, Street Lighting Project on Orleans Street and long lake Villas. Mr. Eckles also reviewed projects in the design phase that include North Hill Improvements, 2002 Street Improvements, McKusick lake Diversion Project, and improvement of Lift Station Alarms. He stated that Mr. Mike Campbell has been active at the legislature and two bills have been introduced to provide funding assistance for the North Hill. He stated that staff and/or Council might be requested to testify at the legislature in the near future. Mr. Eckles continued by reviewing projects with ongoing activity that included the 2002 Seal Coat Project, long lake Surface Water Management Project (Market Place Surface Water), Territorial Prison Storm Water and Retaining Wall Improvements, Lily lake Water Quality Improvements, long lake Flood Control, Curve Crest Pedestrian Path, Phase IV Expansion Area, City Wide Stop Sign Study, levee Wall Phase III, Sidewalk Rehabilitation, Sidewalk Ramps, Boutwell Road Improvements, and Mrytle Ravine. Mr. Eckles stated that in the past the City has been included in the County Seal Coat project, but this year the County will not be doing a project so the City will have to bid a project. The City will talk to Oak Park Heights about a joint project. Councilmember Milbrandt requested that Public Works Director Eckles work with the finance department to determine what costs have been paid by the $750,000 assessment for the Long Lake Surface Water Management Project and determine what is still available for use to continue with this project. Councilmember Rheinberger inquired about the status of the Territorial Prison and the 501 Main Street projects. City Council Meeting No. 02-03 February 5, 2002 Mr. Eckles stated that the Territorial Prison is moving forward and there is a meeting tentatively set for next week. City Attorney Magnuson stated that regarding the 501 Main Street project the owners have received their DTED grant for environmental cleanup and he stated that he thought the project was moving forward. Mr. Eckles informed the Council that at a meeting with the Department of Natural Resources he asked them to give the Jackson Wildlife area to the City and they are considering giving it to the City as open space. He stated if that happened, it would allow for some work on the channel for Long Lake improvements. Mr. Eckles stated that the Curve Crest sidewalk study would be coming in the near future, but that it would be an expensive project. Mr. Eckles stated that the engineer working on the stop sign study has not completed the study. Mr. Eckles stated that the Levee Wall project would be delayed because of language in the appropriation bill. Mr. Eckles stated that the people who administrator the loan program for the $850,000 for Brown's Creek stated that the language says grant and they have to return to the legislator for clarification. Councilmember Zoller asked if Senator Bachmann and Representative Holsten have been contacted about this. Mr. Eckles stated that staff just found out about this, but will be contacting them. Mr. Eckles stated that the ramp program would be needed to be addressed at the next budget session because it needs to be done for ADA compliance. Mr. Eckles stated that the Myrtle Street Ravine has some erosion problems at the bottom and will need to be addressed in the future. Councilmember Rheinberger asked for an estimate when it would be done and the cost of it. Mr. Eckles stated 5-10 years out and estimated $250,000-$500,000. Mr. Eckles stated that the federal government has passed a regulation down to the State MPCA to require that anyone who operates a storm water system has to get a permit to operate it, which goes into effect in one year. In order to get this permit, systems need to be inventoried, identify problem areas, and do water quality improvement projects. He stated that outside consultants may be needed to meet the deadline and that we may be retrofitting the entire City for storm water Page 2 of 11 City Council Meeting No. 02-03 February 5, 2002 management. He also stated that this is an unfunded mandate and could have extensive cost implications to cities. Councilmember Milbrandt asked if the watershed districts would participate in the costs and what does the League of Cities think of this mandate. Mr. Eckles stated that the watershed districts probably would not participate in the costs and he does not think that the League is doing anything on it. He stated that the fertilizer legislation is a good thing because the improvements that the city may be required to do would not mean anything if phosphorous is continued to dump into the storm water systems. Mr. Eckles explained the engineering department operations and how they charge their expenses. Councilmember Zoller asked about a traffic study for all of Stillwater and about traffic counts where we would have a GIS map that shows the traffic counts throughout the City. Mr. Eckles stated that state aid collector streets are counted but not neighborhood streets, but if there is a problem the Police Department has done speed counts and we get traffic counts from that. Chief Dauffenbach explained the use of the speed wagon and that road strips for a more accurate count is done by Washington County. Councilmember Zoller stated it would be nice to have something to inform the public of the problem areas and that it may not be their street that is the problem. OPEN FORUM Mr. David "Choc" Junker expressed concern about the Mulberry Street Ravine and asked what was the cost of the project and who would pay for it. Public Works Director Eckles stated that the entire project, including the work above the ravine was $1.3M and that the developers would be paying for the project. Mr. Junker asked about Councilmember Rheinberger about his comments in the newspapers. Council member Rheinberger stated that he directly represents approximately 4,000 people that are in his ward and indirectly represents the rest of the 12,000 residents of the City. Mr. Junker asked about the 30 X 30 garages with living quarters on top, how they were built and asked if the Planning Commission reviewed this. Councilmember Zoller stated that these garages meet all the codes of the City of Stillwater so it does not have to go before the Planning Commission. Page 3 of 11 City Council Meeting No. 02-03 February 5, 2002 Mr. Junker asked that the Mayor to keep the politics out of the bridge issue to get the bridge built and get the something done with the prison as well. STAFF REPORTS Fire Chief Kallestad provided an update on the fire truck process. City Administrator Hansen stated that the Mayor has requested that a special meeting be held on Tuesday, February 19, 2002 at 4:30 p.m. to discuss library issues related to funding of the library and the Parks and Open Space Task Force proposal. Motion by Councilmember Zoller, seconded by Councilmember Rheinberger to hold a special meeting on Tuesday, February 19, 2002 at 4:30 p.m. All in favor. City Administrator Hansen presented a request from Mr. Nile Kriesel asking Council approval to serve as interim administrator for the City of Bayport. Councilmember Zoller asked City Attorney Magnuson if there would be any conflict. City Attorney Magnuson stated that there would not be a conflict. Motion by Councilmember Rheinberger, seconded by Councilmember Zoller approving Mr. Kriesel's request to serve as interim administrator for Bayport. All in favor. Councilmember Zoller requested that Item 4, New Business - Approval of plans and specifications for McKusick Lake Diversion be tabled to allow discussion by the full Council. Public Works Director Eckles asked Council if staff should make a presentation for this March 5 meeting. He stated that the major issue is the trail. City Attorney Magnuson stated that the March 5 meeting would not start until 8:00 p.m. Councilmember Zoller asked if most of the items could be taken care of at the 4:30 meeting and to have a light schedule for the 7:00 p.m. City Administrator Hansen stated that could be done. Public Works Director Eckles stated that he could contact the neighborhood representatives if Council wished. It was the Council consensus to table the issue and tell members present at the 7:00 p.m. that the matter would be tabled until March 5 and ask them to come back to that meeting to speak to the full Council. Page 4 of 11 City Council Meeting No. 02-03 February 5, 2002 Motion by Councilmember Zoller, seconded by Councilmember Milbrandt to table the approval of plans and specifications for McKusick Lake Diversion until the March 5, 2002, 7:00 p.m. meeting. All in favor. Acting Mayor Milbrandt stated he would make an announcement of the tabling of the McKusick Lake Division issue at the beginning of the 7:00 p.m. meeting. Acting Mayor Milbrandt recessed the meeting at 5:55 p.m. RECESSED MEETING 7:00 P.M. The meeting was called to order by Acting Mayor Milbrandt at 7:00 p.m. Present: Councilmembers Milbrandt, Rheinberger, Zoller Absent Councilmember Bealka and Mayor Kimble Also Present City Administrator Hansen City Engineer Eckles City Attorney Magnuson Community Development Director Russell Police Chief Dauffenbach City Clerk Ward Press: Julie Kink Stillwater Gazette APPROVAL OF MINUTES Motion by Councilmember Zoller, seconded by Councilmember Rheinberger to approve the January 15, 2002 regular minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Nate Meredith - Officer of the Year Acting Mayor Milbrandt and Police Chief Dauffenbach presented Officer Nate Meredith a plaque for Officer of the Year. Police Chief Dauffenbach commended Officer Meredith and his department. Dave MacGillivrav. Sprinqsted Inc. reqardinq bond-ratinq update Mr. Dave MacGillvray, Springsted, Inc. presented Council with a plaque to commemorate the City's bond rating upgrade to A-1. He stated that a City's rating is not upgraded very often and should be recognized. Acting Mayor Milbrandt thanked staff and Council for their prudence in financial matters. Council member Zoller stated that this rating helps the city get lower tax and bond ratings thereby saving the taxpayers of the City of Stillwater money. Page 5 of 11 City Council Meeting No. 02-03 February 5, 2002 Reoresentative Mark Holsten - Leaislative Uodate Representative Holsten reviewed what is before the legislature and the budget issues facing the State. He asked what the Local Government Aid impact would be to the City of Stillwater. Acting Mayor Milbrandt stated that the impact would be $765,000, close to 10% of the City's budget. Councilmember Zoller stated that amount is a heavy hit to a city of Stillwater's size. Representative Holsten stated Stillwater is unique in that it has its own library and the commitment to full-time fire department. He will take that message back to the tax committee and leadership and try to protect the LGA money for the City. Acting Mayor Milbrandt stated that the LGA cut is one hit, but to impose levy limits takes away local control and decision making. Councilmember Rheinberger asked about the bill for the North Hill. Representative Holsten stated that there is a bill to help residents on the North Hill, but it would not fund all of the project with General Fund money. With the deficit there is no General Fund money so they are exploring different opportunities to transfer some project costs into the bond bill. He stated that he will work hard on this issue, but does not want to lead people to believe the money is there. Representative Holsten stated he is working on matching funds for the Levee Wall. Public Works Director Eckles stated that there is some confusion on language on the DNR appropriation for the Brown's Creek Improvements of $850,000 and that a bill is being submitted to correct the language. Representative Holsten stated he would check with the DNR on the issue. Representative Holsten gave an update on the new bridge. Council member Rheinberger asked if the drop date for the bridge was June 1, 2002. Representative Holsten stated the compromise that was reached was a one-year extension. He has been working to keep this issue alive. CONSENT AGENDA Motion by Councilmember Rheinberger, seconded by Councilmember Zoller to approve the Consent Agenda. All in favor. Ayes: Nays: Councilmembers Milbrandt, Rheinberger, and Zoller None Page 6 of 11 City Council Meeting No. 02-03 February 5, 2002 Absent: Councilmember Bealka and Mayor Kimble Resolution 2002-26, directing payment of bills Approval of gambling permit - Church of St. Michael - March 9, 2002 Utility bill adjustments Approval of request by Matt Brine to hold Brine's Bocce-Ball Tournament on Saturday, February 9 Resolution 2002-27, designation of additional depositor for 2002 Request to purchase Antivirus software Request to purchase computer - Engineering Purchase of body wire for investigators - Police Department Resolution 2002-28, exempting Larry D. Hansen from resolution 2001-201 and allowing participation in ICMA-RC Deferred Compensation Plan Resolution 2002-29, approval of State of Minnesota, annual plan joint powers agreement relating to underage compliance check Resolution 2002-30, a resolution approving exclusion of Larry D. Hansen from the Public Employees Retirement Association (PERA) Resolution 2002-31, amending section 10-3 sick leave of the personnel policy Resolution 2002-32, approval of investment policy Approval of temporary liquor license - Valley Chamber Chorale - Washington County Historic Courthouse - April 26-28, 2002 Approval of temporary liquor license - Valley Chamber Chorale - Washington County Historic Courthouse - December 6-8, 2002 Resolution 2002-33, approval of access agreement with the State of Minnesota Department of Public Safety Resolution 2002-34, approving 2002 memorandum of continuance for Goodwill attended donation center Resolution 2002-35, approval of Change Order #3 Public Works Facility Project (Project 9619) UNFINISHED BUSINESS Two stall qaraqes on Libertv Cottaqe lots Community Development Director Russell reviewed the letter from homeowners expressing concern on the zoning regulations and garage size. He explained the zoning regulations for the cottage lots in the Liberty development. He stated that the developer had a model home that had a stacked garage and has changed that so that it can not be used as an extra stall and that future homes would redesigned. Councilmember Zoller asked how the Architectural Design Review process works, and if ordinances and covenants are implemented. Community Development Director Russell reviewed the Architectural Design Review process and stated that the developer has its own guidelines. Acting Mayor Milbrandt asked if the Architectural Design Review is a lot more stringent that the City's ordinances. Page 7 of 11 City Council Meeting No. 02-03 February 5, 2002 Community Developer Director stated they are much more stringent than the City's ordinances. City Attorney Magnuson reviewed his opinion on the garages in the Cottage Residential District and the process that was followed during the comprehensive plan development for this area. Mr. Burr Baldwin, 215 Rutherford Road, asked what Mr. Russell meant by future homes have been redesigned. Community Development Director Russell stated that the homes have been designed to prevent extra space being used as a third stall Mr. Baldwin stated that he has been in contact with the developer, commended the developer in doing his job, and that the developer is holding a neighborhood meeting to discuss this issue. He also stated that with this type of cooperation at the neighborhood level he is sure that an issue like this would not be brought up at the city government level in the future. Ms. Paula Kroening stated that coming through the review committee is four stall garages in the cottage lots. Community Development Director Russell stated that the Architectural Design Review committee cannot control what is being considered, but they can control what will be approved and four stall garages in the cottage district will not be approved. No action is required on this matter. Possible second readinq of Ordinance No. 917, an ordinance amendinq the fence requlations City Attorney Magnuson reviewed the ordinance amending the fence regulations. Community Development Director Russell stated that two items were inadvertently omitted regarding the measurement of fence height from the natural grade of the property so as not to allow the berming of the land and then putting the fence on top of the berm and that fences are allowed on the property line. Motion by Councilmember Rheinberger, seconded by Councilmember Zoller adopting Ordinance No. 917, an ordinance amending the fence regulations with the items regarding the measurement of fence height from the natural grade of the property so as not to allow the berming of the land and then putting the fence on top of the berm and that fences are allowed on the property line. All in favor. Ayes: Nays: Absent Councilmembers Milbrandt, Rheinberger, and Zoller None Councilmember Bealka and Mayor Kimble Page 8 of 11 City Council Meeting No. 02-03 February 5, 2002 Possible approval of 2002 Lumberiack Davs Aareement City Attorney Magnuson reviewed the 2002 Lumberjack Agreement and stated that the items addressed in Mr. Eckberg's proposal presented to Council have been added. Chief Dauffenbach reviewed the policing plan for the Lumberjack Days. Mr. Dave Eckberg, Lumberjack Days Association stated that they agreed with the conditions in the agreement. Motion by Councilmember Rheinberger, seconded by Council member Zoller adopting Resolution 2002-36, approval of 2002 Lumberjack Days Agreement. All in favor. Ayes: Nays: Absent: Councilmembers Milbrandt, Rheinberger, and Zoller None Councilmember Bealka and Mayor Kimble NEW BUSINESS Reauest to purchase Citv owned land for multi-familv housina - Tim Nolde Acting Mayor Milbrandt stated that Mr. Nolde has requested that this issue be tabled to the February 19, 2002 meeting at a 4:30 p.m. meeting. Possible first readina of ordinance amendina the Stillwater Citv Charter and settina public hearina for February 19. 2002 City Attorney Magnuson reviewed the ordinance amending the Stillwater City Charter to delete a sentence referencing that any action establishing new ward boundaries shall apply to the first election held at least 6 months after establishment. He stated that the redistricting process might not end in time for the 6-month time line to be effective for this year's election. He stated that the Charter Commission recommends this change and that a public hearing must be held. Motion by Councilmember Rheinberger, seconded by Councilmember Zoller to approve the first reading of an ordinance amending the Stillwater City Charter and call for a hearing at 7:00 p.m., Tuesday, February 19, 2002. All in favor. Community Development Block Grant (CDBGl application for 2002 Community Development Director reviewed the Community Development Block Grant application for 2002. Motion by Councilmember Rheinberger, seconded by Councilmember Zoller to adopt Resolution 2002-37, approval of 2002 Community Development Block Grant (CDBG) application. All in favor. Page 9 of 11 City Council Meeting No. 02-03 February 5, 2002 Ayes: Nays: Absent: Councilmembers Milbrandt, Rheinberger, and Zoller None Councilmember Bealka and Mayor Kimble Approval of plans & specifications for McKusick Lake Diversion Proiect Council tabled this item at their 4:30 meeting. It will be listed on the agenda for March 5, 2002. COUNCIL REQUEST ITEMS Councilmember Rheinberger responded to an editorial in the Courier regarding the expenditure of $20,000 for a public relations firm to conduct a telephone survey. He stated that he was not at the meeting when this issue was discussed but that that he agreed with the editorial and felt that Council should rescind this expenditure for the reason that this type of survey is a "push-pull" that would ultimately concur with a recommendation to proceed with a sales tax. He explained how a "push-pull" survey would work. He felt this type of survey is unethical because the residents will not have the full facts. Council member Zoller stated that Councilmember Rheinberger was correct that he was not at the meeting when the issue was discussed and that he did not have all the facts. He also stated that this survey is not a "push-pull" survey, it is just to get an idea if anyone is interested in this proposal. It is not a "push-pull" to push anyone into anything. He also stated that the issue was discussed and it was voted on and approved by the rest of the Council. He also explained the impact over 20 years of the sales tax versus property taxes that were $2,000 rather than $4,000 on property taxes. Councilmember Rheinberger stated that the issues on the matter are not clear. He stated that you have to have a gut feel on what the residents want. A public relations firm is going to skew the facts. Council member Milbrandt stated Council did not want to enter into $20,000 public relations contract for the survey with a gut feel. Councilmember Rheinberger stated that Council should not be on record at this time supporting this proposal. Councilmember Milbrandt explained the workings of the Parks & Open Space Task Force. He stated that they have met with the public relations firm and was informed of the "push-pull" survey and it was rejected and that now they are conducting focus groups to report back to the committee if they should proceed or not. He also stated that the task force is taking it one step at a time. If it comes back that we should not proceed, we have not invested $20,000. He continued by stating that you cannot go out and spend $22M on projects based on gut feel. Councilmember Milbrandt stated we should go ahead with this and have user fees to have these projects paid for. Page 1 0 of 11 City Council Meeting No. 02-03 February 5, 2002 Councilmember Rheinberger stated that you have to be careful with taxation and rejects the idea of going through $20,000 public relations survey to find a poll that is clearly on the face of the problem. Councilmember Zoller emphasized that the poll is not to sell the project, but just to find out what the feel is. If it comes back that this is not something that the people want, it will not be done. Councilmember Rheinberger stated that he wants the public to fully understand the full impact of this issue and not a skewed version of it. Councilmember Milbrandt stated that it has not been the premises of the task force to skew issues and that the Task Force has diligently worked on this proposal for the last three months. ADJOURNMENT Motion by Councilmember Rheinberger, second. d by Councilmember Zoller to adjourn the meeting at 8:05 p.m. All in favor. ATTEST: Diane F. Ward, City Clerk Resolution 2002-26, directing payment of bills Resolution 2002-27, designation of additional depositor for 2002 Resolution 2002-28, exempting Larry D. Hansen from resolution 2001-201 and allowing participation in ICMA-RC Deferred Compensation Plan Resolution 2002-29, approval of State of Minnesota, annual plan joint powers agreement relating to underage compliance check Resolution 2002-30, a resolution approving exclusion of Larry D. Hansen from the Public Employees Retirement Association (PERA) Resolution 2002-31, amending section 10-3 sick leave of the personnel policy Resolution 2002-32, approval of investment policy Resolution 2002-33, approval of access agreement with the State of Minnesota Department of Public Safety Resolution 2002-34, approving 2002 memorandum of continuance for Goodwill attended donation center Resolution 2002-35, approval of Change Order #3 Public Works Facility Project (Project 9619) Resolution 2002-36, approval of 2002 Lumberjack Days Agreement. Resolution 2002-37, approval of 2002 Community Development Block Grant (CDBG) application. Ordinance No. 917, an ordinance amending the fence regulations Page 11 of 11