HomeMy WebLinkAbout2002-05-07 CC MIN
CITY OF STILLWATER
CITY COUNCIL MEETING NO. 02-09
May 7,2002
REGULAR MEETING
4:30 P.M.
The meeting was called to order by Mayor Kimble.
Present:
Absent:
Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble
None
Also present: City Administrator Hansen
City Attorney Magnuson
Public Works Director Eckles
Fire Chief Kallestad
Police Chief Dauffenbach
Community Development Director Russell
City Clerk Ward
Press:
Julie Kink, Courier
PLEDGE OF ALLEGIANCE
Mayor Kimble stated that a request by Council member Bealka to say the Pledge of
Allegiance at the beginning of Council meetings is on the agenda for consideration.
Council member Rheinberger stated that he felt that the pledge should be freely said,
freely felt and done at certain occasions and not rnandated for every meeting.
Councilmember Bealka stated that he defended the flag and felt very strongly that the
pledge should be done at every meeting.
Mayor Kimble expressed concern that the audience at home would not hear the Pledge
of Allegiance because the Council's back would be toward the microphones. He also
stated that he has no objection to having the pledge said at the meetings, but the
logistics should be addressed.
Motion by Council member Rheinberger not to say the pledge of allegiance at City Council
meetings. Motion failed for lack of second.
Councilmember Bealka stated that the Council should do what the rest of the
community is doing. He stated that he would say the Pledge of Allegiance at the
microphone so everyone could hear it and invite the people in the audience to join in
saying the Pledge of Allegiance.
Motion by Council member Bealka to say the pledge of allegiance at the 7:00 City Council
meeting. Motion failed for lack of second.
Council member Zoller stated that he does not object to doing the pledge, but he is
concerned with freedom of speech and forcing people in the audience to say something
that they may not believe in. He also stated that he did not think that
City of Stillwater Council Meeting 02-09
May 7, 2002
saying it at every meeting is doing it for the right reasons, it could be done at special
occasions.
Councilmember Milbrandt agreed with Councilmember Zoller that he is not against
saying the Pledge of Allegiance but that it should be done at special occasions
Mayor Kimble suggested that someone be invited to lead the Pledge of Allegiance or if
no one is available one of the Council members can lead.
Motion by Councilmember Milbrandt, seconded by Council member Rheinberger to say the
Pledge of Allegiance at the meeting before Memorial Day and directed staff to come back with
other special dates and logistics recommendations. All in favor.
Mayor Kimble stated that he would be honored if Council member Bealka would lead the
Pledge of Allegiance at the May 21st meeting.
Councilmember Bealka stated that it would be his honor.
OTHER BUSINESS
Library Fundina Discussion
City Administrator Hansen stated that he has met with the Library Task Force to resolve
parking concerns, operating cost of an expanded facility, and financial capability issues
in their report. He stated that based on estimates developed by Dave MacGillivary of
Springstead, that the project is feasible, however that the project would have an impact
on the taxpayer and may affect other worthwhile projects reflected in the memo from
Community Development Director Russell.
Mr. Bill Hickey reviewed the parking issues based upon a report from the Collaborative
Design Group.
Ms. Lynne Bertalmio reviewed proposed operating costs for the expansion of the library.
Mr. Dave MacGillivary reviewed the projected debt service, property tax impact, and
debt limits.
Mr. Richard Huelsman provided a summary of the proposed expansion. He stated that
in order to get on the agendas of the various funding organizations they would need a
commitment from the City on the funding and parking facility.
Mayor Kimble informed the Library Task Force that if the present Council committed the
funding for the parking facility and library expansion that future Councils are not bound
by this commitment.
Councilmember Rheinberger stated that he is against committing to the library
expansion because he feels the libraries will become obsolete, with the internet
providing more and more information, libraries are being consolidated, and there are
other resources. He stated he sees a reduction in tax revenue, shifting demographics,
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City of Stillwater Council Meeting 02-09
May 7, 2002
feels the library is not a core concern but rather a luxury, and the cost of $9 million for
an expansion really concerns him.
Motion by Council member Milbrandt, seconded by Councilmember Zoller directing staff to
prepare resolutions approving the proposed Library expansion/renovation project and lower
level parking facility and funding for the projects and place this item on the agenda within two
to four weeks.
Ayes: Council members Bealka, Milbrandt, Zoller and Mayor Kimble
Nays: Councilmember Rheinberger
Territorial Prison Update
Mayor Kimble reviewed the request for a time extension of one year for the purchase of
the Territorial Prison site and a that a grant is available to apply for Met Council Livable
Communities planning money to conduct a housing feasibility study.
Community Development Director Russell stated the request is for the Territorial Prison
and the UBC site.
Mr. Brian Sweeney, Project Manager, provided an update on the work of the developer.
Motion by Council member Zoller, seconded by Councilmember Rheinberger approving the
time extension to January 2003. All in favor.
Motion by Council member Zoller, seconded by Council member Rheinberger adopting
Resolution 2002-107, approving preliminary contract for private redevelopment of the
Territorial Prison site with Territorial Place, LLC. All in favor.
Ayes: Councilmember Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble
Nays: None
Livable Communities Grant Reauest - Territorial Prison
Community Development Director Russell stated that the developer requests that the
City apply for Met Council Livable Communities planning money to conduct a housing
feasibility study for the Territorial Prison. He stated that the grant could be up to
$70,000 with no local match.
Motion by Councilmember Zoller, seconded by Councilmember Rheinberger adopting
Resolution 2002-108, authorizing application for opportunity grants through the livable
communities demonstration program. All in favor.
Ayes: Council member Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble
Nays: None
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City of Stillwater Council Meeting 02-09
May 7, 2002
STAFF REPORTS
Chief Kallestad aave the Council a supplement report to the first readina of an ordinance
reaardina prohibitina barbeaue arills on balconies of apartment buildinas
City Engineer Eckles provided an update on the Public Works facility, reviewed possible
future change orders, and the salt/sand building costs. He stated that the salt/sand
engineered building costs were higher than he thought and that the contractor of the
Public Works facility feels if the same design and materials are used for the salt/sand
building that costs for the building would be under $200,000.
Councilmember Milbrandt stated he would like to have this information presented in a
memo form to Council.
Mayor Kimble adjourned to executive session at 6:05 p.m.
RECESSED MEETING
7:00 P.M.
The meeting was called to order by Mayor Kimble.
Present:
Absent:
Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble
None
Also present: City Administrator Hansen
City Attorney Magnuson
Public Works Director Eckles
Fire Chief Kallestad
Police Chief Dauffenbach
Community Development Director Russell
City Clerk Ward
Press:
Julie Kink, Courier
APPROVAL OF MINUTES
Motion by Councilmember Rheinberger, seconded by Council member Bealka to approved the
- April 16, 2002 regular minutes. All in favor.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
Leaislative Update - Senator Bachmann
Senator Bachmann stated that she had hoped to provide Council with a legislative
update however the legislature is still in session, but that she would come back at a
future meeting to provide the update.
Senator Bachmann commended the Mayor, Council, Police, Fire, and Public Works
crew for their assistance in the portraying of Stillwater on Good Morning America. She
also commended Sergeant Felch and Officer Geving for their work in defusing a
dangerous situation.
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City of Stillwater Council Meeting 02-09
May 7, 2002
Relav for Life - Ralph Lewellen
Mayor Kimble reviewed the Relay for Life for the fund raising for the American Cancer
Society.
Mr. Ralph Lewellen stated that the route would take them from White Bear Lake to north
of Stillwater to P.D. Pappy's and then west on Myrtle to Mahtomedi. He also stated that
he hoped that 100 motorcyclists would participate in this event.
Reauest for outside merchandisina - Tires Plus
Mr. Marty Koenning, manager of Tires Plus, reviewed his request for banners and a
small tent at their location as part of a national promotion from May 16-19.
Motion by Council member Rheinberger, seconded by Council member Bealka approving the
banners and small tent and Tires Plus. All in favor.
Veterans Memorial Committee reauest
Mr. John Kraemer requested approval to install a limited number of pavers in the Pine
Street public sidewalk for fund raising promotional purposes.
Motion by Councilmember Rheinberger, seconded by Councilmember Zoller to approve the
installation of pavers and that the committee coordinate this with the Engineering/Public Works
department prior to installation. All in favor.
Annual Heritaae Preservation Awards
Mayor Kimble presented the annual Heritage Preservation Awards to the following:
SPECIAL ACHIEVEMENT AWARD - James Melton for the old VFW Building - 124
North Main Street
DESIGN AWARD - Donna, Steve, Stephanie and Will Bremer - 204 South Main Street -
Joseph Wolf Buildings
FACADE OF A BUILDING_- Sandy and Mike Hudson -129 Main North Street - Jarchow
and York Building
SIGNAGE - Steve Ghan -210 North Main Street - Let There Be Light Antique Lighting
ARCHITECTURAL CONTRIBUTIONS TO STILLWATER - Michael McGuire - The
renovation of the Brick Alley Building, renovation of the Commander Building,
Renovation of building that houses River Rats and Camrose Hill Florists, The Dock
Cafe, the Associated Eye Clinic, Desch Building
Award of Valor - Seraeant Christopher Felsch and Certificate of Commendation for Scott
Gevina
Mayor Kimble presented the Award of Valor to Sergeant Christopher Felsch and a
Certificate of Commendation for Scott Geving for their performance on March 21, 2002
dealing with a woman with a gun.
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City of Stillwater Council Meeting 02-09
May 7, 2002
Proclamation - Stillwater Fiaure Skatina Davs - Mav 17-18
Mayor Kimble proclaimed May 17-18, 2002 as Stillwater Figure Skating Days.
Certificate of Appreciation - Don Fixmer
Mayor Kimble presented a certificate of appreciation to Don Fixmer. Mr. Fixmer has for
15 years covered the City Council meetings and various events for the City of Stillwater
to be broadcast on cable.
Mayor Kimble recessed the meeting at 8:20 p.m.
Mayor Kimble reconvened the meeting at 8:30 p.m.
CONSENT AGENDA
Motion by Councilmember Bealka, seconded by Councilmember Rheinberger approving the
Consent Agenda. All in favor.
Resolution 2002-99, directing payment of bills
Resolution 2002-100, accepting quotes and awarding contract for Public Works hoist
installation project.
Release of capital budget funds - Library
Resolution 2002-101, abating outstanding assessments on Parcel No. 20.030.20.12.0005
Resolution 2002-102, approval of Change Order #5 Public Works Facility Project (Project
9619)
Resolution 2002-103, approval of Valley Cruisers, Inc. contract
Approval of installation of banner - Rivertown Arts Festival - April 26 - May 19, 2002
Approval of installation of banner - Lumberjack Days - June 28 - July 28, 2002
Approval of installation of banner - Taste of Stillwater - May 24 - June 17, 2002
Approval of installation of banner - Nature Valley Grand Prix Bicycle Race - May 14 - June
17,2002
Approval for Stillwater Hockey Booster Club to use the Aiple property for paid parking during
Lumberjack Days
Approval to apply for 2002 CLG Grant from State Historical Society
Approval of scholarship grants for Heritage Preservation Commission members
Resolution 2002-104, relating to financing of certain proposed projects to be undertaken by
the City of Stillwater; establishing compliance with reimbursement bond regulations under the
Internal Revenue Code
Resolution 2002-105, approval of labor agreement between the City of Stillwater and Local
No. 49, International Union of Operating Engineers, AFL-CIO
Resolution 2002-106, Designating City Administrator as the Authorized Person for Minnesota
Department Of Economic Security for Cash Requests
Application for lawful gambling exempt permit for raffle on May 17, 2002 - Parents for Oak
Park
Approval of installation of banner - Rivertown Restoration Home Tour - August 30 -
September 23, 2002
Approval of Permit to Sell 3.2 percent malt liquor at Lily Lake Ballfields - Chad Rogness,
applicant
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City of Stil/water Council Meeting 02-09
May 7, 2002
UNFINISHED BUSINESS
Comments on T.H. 36 Partnership Studv
Community Development Director Russell reviewed the alternative roadway designs
that have been selected to evaluate impacts on roads and surrounding areas along
Highway 36. He also stated that this study is also looking at parkway alternatives. He
stated that a meeting will be held on May 8 and a public hearing is scheduled at
Stillwater High School for May 22 to present the results of the Alternative Impact
Analysis.
Councilmember Milbrandt asked what the No-Build analysis was in the report under the
Parkway Concept, and is consideration being given to parkway design and lower
roadway speeds.
Mr. Russell stated that the parkway is more of a design application than it is a change in
the traffic lane configuration. He stated that the parkway alternative is still being
considered.
Council member Zoller explained that the final decision may be a combination of the
three plans and parkway ideas.
Handicapped Parkina at Mulberrv Point
Community Development Director Russell reviewed the request for seasonal and
handicap parking by Mr. Bill Buth, representative of Mulberry Point Yacht Club. He also
stated that the City is continuing to pursue the purchase of railroad land for parking but
at this time the request for three handicapped parking spaces on Mulberry Point would
satisfy the needs of area users.
Council member Zoller asked if parking would be banned on the rest of the circle.
Mr. Russell stated that the no parking signs are not up yet, but was approved by
Council.
Councilmember Milbrandt asked if they can park their car there all day.
Mr. Russell stated that handicap parking allows them to park and leave their car parked
there all day.
Police Chief Dauffenbach stated that statutes do not allow time limits on handicap
parking.
Councilmember Bealka asked if when the parking lot is improved would the three on the
circle be removed.
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City of Stillwater Council Meeting 02-09
May 7, 2002
Mr. Russell stated it could, it will depend on demand, but sees handicap parking in both
areas.
Motion by Councilmember Rheinberger, seconded by Councilmember Zoller to install signage
for three handicap parking spaces on Mulberry Point. All in favor.
NEW BUSINESS
Approval of rubbish haulina contract with Waste Manaaement and establishina rate schedule
Director of Administration Knauss reviewed the Solid Waste and Recycling Contract
with Waste Management. She stated that the rates represent a 7% overall increase
and that the rates will be maintained throughout the three year contract.
Motion by Council member Bealka, seconded by Council member Rheinberger adopting
Resolution 2002-109, approving the contract with Waste Management, Inc.
Ayes: Council member Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble
Nays: None
Motion by Council member Rheinberger, seconded by Council member Bealka adopting
Resolution 2002-110, establishing a monthly rate schedule for the collection of solid waste
and recycling effective January 1, 2003 - December 31, 2005. All in favor
Ayes: Councilmember Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble
Nays: None
First readina of an Ordinance amendina Chapter 30 of the Stillwater Citv Code entitled
Garbaae and Rubbish
Director of Administration Knauss stated that the ordinance relating to garbage and
rubbish is not consistent with the contract and that the rates are included in the
ordinance. It would be more reasonable if the rates were set by resolution rather than
by ordinance.
Motion by Council member Rheinberger, seconded by Councilmember Milbrandt approving the
first reading of an ordinance amending Chapter 30 of the Stillwater City Code entitled Garbage
and Rubbish. All in favor.
Ayes: Councilmember Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble
Nays: None
First readina of an Ordinance adoptina Appendix II-K of the Minnesota Uniform Fire Code.
prohibitina barbeaue arills on balconies of apartment buildinas
Fire Chief Kallestad reviewed his request for the adoption of Appendix II-K of the
Minnesota Fire Code relating to the issue of barbecue grills and open flame devises on
balconies and patios of any structure containing more than three units.
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City of Stillwater Council Meeting 02-09
May 7, 2002
Motion by Councilmember Rheinberger, seconded by Councilmember Bealka approving the
first reading of an ordinance adopting Appendix II-K of the Minnesota Uniform Fire Code
Storm Sewer Relocation reauest from Jim and Pollv Hov
Public Works Director Eckles reviewed the request from Jim and Polly Hoy asking the
City to participate in the cost of relocating the storm sewer on their property. He also
stated that the cost to install the new pipe would be approximately $7500 and the Hoys
are willing to contribute $1500 toward the cost of reinstallation. Funds are available in
the storm water utility fund, an agreement needs to be approved and an easement
granted by Jim and Polly Hoy.
Motion by Councilmember Bealka, seconded by Council member Rheinberger adopting
Resolution 2002-111, authorizing expenditure for new storm water pipe, contingent upon
receipt of an easement for the storm water pipe. All in favor.
Ayes: Council member Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble
Nays: None
Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt directing City
Attorney Magnuson to prepare an agreement with Jim and Polly Hoy to address cost sharing,
turf establishment and execution of an easement. All in favor.
Street Iiaht reauest at Rutherford Road and Countv Road 12
Public Works Director Eckles reviewed the request of the developers from Liberty on the
Lake regarding the installation of a streetlight at Rutherford Road and County Road 12.
He also stated Washington County will share in the cost of this street light because it is
on a County right-of-way. The County will be responsible for the installation and
furnishing of the light, light pole and the mast arm and the City would be responsible for
bringing the power supply to the service pole and the monthly electric bill. Mr. Eckles
stated that developer (CPDC) would pay for the City's portion excluding the monthly
power bill.
Motion by Councilmember Milbrandt, seconded by Councilmember Rheinberger, adopting
Resolution 2002-112, approving the agreement with Washington County. All in favor.
Ayes: Councilmember Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble
Nays: None
Recommendation from Parks Board reaardina Staples Park and Canoe Storaae at Lilv Lake
Community Development Director Russell stated that the Parks Board held a
neighborhood meeting regarding Staples Park and that an improvement program will be
presented to Council at a future meeting this summer. He also stated that the Board felt
that the basketball court could be reconfigured with the north basket moved to the south
so that both baskets are located away from the adjacent
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City of Stillwater Council Meeting 02-09
May 7, 2002
residences where only half court games could be played. He stated that this
configuration should accommodate younger age basketball players and would
discourage young adult use.
Community Development Director Russell stated that a request has been received by a
resident to construct an 8-10 slot canoe storage rack at Lily Lake. He stated that the
Park Board felt this would be a good idea and could make the lake access more
available to residents.
Motion by Councilmember Rheinberger, seconded by Councilmember Bealka approving the
recommendations for Staples Park and the canoe storage at Lily Lake. All in favor.
Approval of plans and specifications for 2002 seal coatina
Public Works Director Eckles reviewed the 2002 seal coating project. He stated that the
streets that would be affected would be Elm Street, Hickory Street, Sycamore Street,
West St. Croix Street, Stillwater Avenue, Maple Street, Mulberry Street, Hillcrest Drive,
3rd Avenue South, 4th Avenue South, 5th Avenue South, St. Louis Street, Burlington
Avenue and Dubuque Street. He also stated that in the past the City has piggybacked
on the Washington County Seal Coat Project but that the County is not doing a seal
coat project this year.
Mr. Eckles stated that the cities of Bayport and Oak Park Heights have expressed an
interest in being included with this project. He stated that the estimated total cost would
be $190,000 with Bayport and Oak Park Heights' share being $115,000.
Motion by Councilmember Zoller, seconded by Council member Rheinberger to adopt
Resolution 2002-113, approve plans and specifications and ordering advertisement for bids
for 2002 Seal Coat Improvement Project (Project 2002-03). All in favor.
Ayes: Councilmember Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble
Nays: None
Meadowview/Amundson Sanitarv Sewer Connection
Public Works Director Eckles reviewed the Meadowview/Amundson Sewer Connection
project. He stated that by eliminating the lift station and installing a gravity line, the City
would eliminate problems associated with lift stations such as loss of power, backflow of
sewage into basement and one less lift station to maintain.
Mr. Eckles stated staff requested three quotes and the low quote submitted was
$19,742.25 by Fuhr Trenching. He stated that Rick Fuhr would be able to start on this
project in three weeks which would allow staff time to acquire easements from property
owners who are aware of the project and have indicated they are willing to give the City
easements. This project would be funded by the Capital Outlay Fund.
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City of Stillwater Council Meeting 02-09
May 7, 2002
Motion by Council member Rheinberger, seconded by Councilmember Milbrandt to adopt
Resolution 2002-114, approving agreement with Fuhr Trenching for Meadowview/Amundson
Sewer Connection. All in favor.
Ayes: Council member Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble
Nays: None
COMMUNICA TIONSIREQUESTS
Receipt of resiqnation letter from Garv Funke - Water Board - Term Expires 6/30/02
Council received resignation letter from Gary Funke.
Request from River Vallev Arts Council for support for Annual Stillwater Art Crawl
Motion by Councilmember Rheinberger, seconded by Council member Bealka authorizing the
$2,000 to support the Annual Stillwater Art Crawl. All in favor.
Request to close certain streets - Hope House of St. Croix Vallev
Motion by Councilmember Rheinberger, seconded by Councilmember Zoller approving the
closing of North Everett Street at West Linden Street 0 West Cherry Street, including West
Cherry Street to the dead end for their annual fund raising auction. All in favor.
COUNCIL REQUEST ITEMS
Councilmember Milbrandt commended Mayor Kimble on his hard work in preparation
for Good Morning America.
Mayor Kimble thanked all of the people that were instrumental in the successful
portrayal of Stillwater on Good Morning America.
ADJOURNMENT
Motion by Councilmember Bealka, seconded by Councilmember Rheinberger to adjourn at
8:50 p.m. All in favor.
Attest:
4~..u d ilJt2A~
Diane F. Ward, City Clerk
~
~L ',mble. te
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City of Stillwater Council Meeting 02-09
May 7, 2002
Resolution 2002-99, directing payment of bills
Resolution 2002-100, accepting quotes and awarding contract for Public Works hoist
installation project.
Resolution 2002-101, abating outstanding assessments on Parcel No. 20.030.20.12.0005
Resolution 2002-102, approval of Change Order #5 Public Works Facility Project (Project
9619)
Resolution 2002-103, approval of Valley Cruisers, Inc. contract
Resolution 2002-104, relating to financing of certain proposed projects to be undertaken by
the City of Stillwater; establishing compliance with reimbursement bond regulations under the
Internal Revenue Code
Resolution 2002-105, approval of labor agreement between the City of Stillwater and Local
No. 49, International Union of Operating Engineers, AFL-CIO
Resolution 2002-106, Designating City Administrator as the Authorized Person for Minnesota
Department Of Economic Security for Cash Requests
Application for lawful gambling exempt permit for raffle on May 17, 2002 - Parents for Oak
Park
Resolution 2002-107, approving preliminary contract for private redevelopment of the
Territorial Prison site with Territorial Place, LLC.
Resolution 2002-108, authorizing application for opportunity grants through the livable
communities demonstration program.
Resolution 2002-109, resolution approving contract with Waste Management, Inc.
Resolution 2002-110, establishing a monthly rate schedule for the collection of solid waste
and recycling effective January 1,2003 - December 31,2005.
Resolution 2002-112, approving agreement with Washington County.
Resolution 2002-113, approve plans and specifications and ordering advertisement for bids
for 2002 Seal Coat Improvement Project (Project 2002-03).
Resolution 2002-114, approving agreement with Fuhr Trenching for Meadowview/Amundson
Sewer Connection.
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