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HomeMy WebLinkAbout2002-07-16 CC MIN CITY OF STILLWATER CITY COUNCIL MEETING NO. 02-14 July 16, 2002 REGULAR MEETING 7:00 P.M. The meeting was called to order by Mayor Kimble. Present: Absent: Council members 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 Milbrandt to approve the July 2, 2002 Executive Session minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Nancv Brown, Friends of Stillwater Parks Ms. Nancy Brown, Friends of Stillwater Parks explained the concept of their memorial bench program. She stated that the organization would charge more than the cost of the bench and any proceeds would go to the programs of the Friends of Stillwater Parks. Council member Zoller asked if it would be the same concept as the memorial bricks in Pioneer Park. Ms. Brown stated that the concept would be the same. People would pay for the bench and the City would install the benches at various parks throughout the City. Council member Rheinberger asked Ms. Brown approximately how many benches would be installed. Ms. Brown stated that it would depend on the requests but that there are many benches that need replacement throughout the City, such as the benches in Lowell Park. Mayor Kimble stated he thought it was an excellent idea. He commended the Friends of Stillwater Parks for their work. Councilmember Milbrandt stated that this issue should come before the Parks Board, but he felt that the board would be supportive of the idea. City Council Meeting 02-14 July 16, 2002 Councilmember Bealka asked who would maintain the benches. Ms. Brown stated that the City would install and maintain the benches. Motion by Council member Rheinberger, seconded by Council member Milbrandt approving the Memorial Bench Program contingent upon Parks Board approval and working with the Parks Board on a priority list for the placement of the benches. All in favor. OPEN FORUM Mr. Mike Mast, Cub Foods requested permission to place a tent in their parking lot on August 9-11 for a promotion of the PGA. Councilmember Zoller stated that this type of request should be approved by the Planning Commission, but is supportive of the request. Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to approve the placement of a tent at Cub Foods from August 9-11,2002. All in favor. Mr. Gary Kriesel, 1451 Lydia Circle, thanked the Council and City personnel for their assistance in the kiddie parade on July 4th. STAFF REPORTS City Clerk Ward stated that a revised Permit to Sell has been placed in the packet that requests the selling of 3.2 malt liquor by Brian Johnson for a softball tournament at Lily Lake Ballfields. City Clerk Ward reminded Council of the Special Meeting on Tuesday, July 23, 2002 for a workshop with the Charter Commission and that the first meeting in November will be on November 12 because of the election on November 5. City Clerk Ward informed the Council that the filings for office of Mayor were Jay Kimble, John Rheinberger and Gene "Taco" Bealka; Robert Gag and David G. Junker for Councilmember in Ward 1; and Gary Kriesel for Council member in Ward 4. She stated that there would be a municipal primary for the office of Mayor. Community Development Director Russell stated that bids have been received for the play equipment for the Old Athletic Field. The low bidder was from St. Croix Recreation Company, Inc. in the amount of $30,600.67. Motion by Council member Zoller, seconded by Councilmember Rheinberger to adopt Resolution 2002-160, accepting bids and awarding contract for play equipment for the Old Athletic Field. All in favor. Ayes: Council members Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None 2 City Council Meeting 02-14 July 16, 2002 Community Development Director Russell stated that in 1994 the Shoreland/Bluffland Ordinance included regulations by the DNR that placement of homes on lakes were to be no closer than 1000 feet (example on Lily Lake that would be three blocks) and set a lot standard for riparian lots. He also stated that many of the subdivisions located on the lakes were in place long before the requirement. There are a few lots within 1000 feet and he has checked with the DNR and stated that other municipalities have the lakeshore standards applied to riparian lots and exempted non-riparian lots. He suggested that a regulation change be done for non-riparian lots. Councilmember Zoller requested that a map be provided at the next meeting to show what lots are affected. Motion by Councilmember Rheinberger, seconded by Councilmember Zoller approving the first reading of an ordinance that would keep the 15,000 foot restriction on riparian lots only and exempt the riparian lots in the City. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Public Works Director Eckles provided an update on the 2002 Street Improvement Project. He stated that the final lift would be placed in August. Councilmember Zoller asked if typically the final lift is placed the following year. Mr. Eckles stated that typically the final lift is placed the following year when major underground work is done, but very little subsoil correction was done on this project. Councilmember Rheinberger asked about the rebidding of the Mulberry Ravine Project. Mr. Eckles stated that the project would be rebid in August with award in September and the work done through the winter with an estimated completion date of July 2003. Mr. Eckles stated that high water has occurred on Long Lake and cannot do much to alleviate that problem until the diversion project is complete. After that is completed the DNR will allow the City to reroute the water from Long Lake into the ravine system and increase the capacity of the pipes of Long Lake. Plans and specifications were done in 1997 for Long Lake, and the developers would have done that portion. However the DNR would not allow that project to be done until the downstream project was complete. Because of that delay by the DNR, it will become a City project. Mayor Kimble asked if the park would be usable for Lumberjack Days now that the river has crested. Mr. Eckles stated that the park should be usable, however if major rain occurs the river could rise again. Councilmember Rheinberger asked what progress has been done on the North Hill Project. 3 City Council Meeting 02-14 July 16, 2002 Mr. Eckles stated that a letter to the residents has been sent informing them of the Council's decision to wait and see if the funding vetoed by the Governor will be available the next legislative session. He stated that the plans and specifications are being worked on during rain days. CONSENT AGENDA* Motion by Council member Bealka, seconded by Council member Rheinberger to approve the Consent Agenda. All in favor. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Resolution 2002-159, directing payment of bills Approval of Permit to Sell 3.2 percent malt liquor at Lily Lake Ballfields - Brian Johnson, applicant PUBLIC HEARINGS Application for new off-sale liquor license requested bv SuperValu. Inc.. DBA Cub Foods for 1801 Market Drive City Clerk Ward reviewed the request by SuperValu, Inc. for an off-sale liquor license. She stated that the liquor store would have its own entrance as required by State Statute and that approval should be contingent upon approval by the Police, Fire, Finance, Building Departments and Minnesota Liquor Control. Mayor Kimble opened the public hearing. There were no public comments. Mayor Kimble closed the public hearing. Council member Sealka expressed concern on the impact of this license to other liquor stores in the area or if there was an ordinance prohibiting proximity of liquor stores. Mayor Kimble responded that there is not an ordinance prohibiting proximity of liquor stores from each other. Councilmember Milbrandt asked if this was happening in all Cub Foods or in selected Cub Foods. Mr. Greg Mevison, Cub Foods, stated that Cub Food is putting liquor in a number of facilities depending upon if the municipality controls the liquor license issuance. He explained it would be at the northwest part of the building. Motion by Councilmember Rheinberger, seconded by Councilmember Bealka adopting Resolution 2002-161, approving new off-sale liquor license to SuperValu, Inc., DBA: Cub Foods. All in favor. 4 City Council Meeting 02-14 July 16, 2002 Ayes: Council members Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None UNFINISHED BUSINESS Findinqs of fact conclusions and order relatinq to Case No. SUPN/02-26. application of Tim and Anita Kornwolf City Attorney Magnuson reviewed the findings of fact and conclusions relating to the application of Tim and Anita Kornwolf for a variance and special use permit to operate a Bed and Breakfast facility. Councilmember Milbrandt stated that his position is that it would set precedence on the variance and special use permits for bed and breakfasts remains the same and recommended that other Councilmembers not approve this item. Mayor Kimble stated that the finding of facts is to outline the findings for this particular issue; it would not set precedence for other requests before Council. Motion by Council member Rheinberger, seconded by Council member Bealka approving the findings of fact conclusions and order. Ayes: Councilmembers Bealka, Rheinberger, Zoller and Mayor Kimble Nays: Councilmember Milbrandt Approval of developers aQreement with The Lofts of Stillwater, Inc. and adoption of resolution makinq certain findinQs with respect to substandard buildinQs (501 North Main Proiect) City Attorney Magnuson stated that there was a lack of activity TIF district established in 1996 for the Territorial Prison and because all of the laws regarding TIF have changed it will be necessary to recertify this district under the new law. The district includes the Bluff City site, Shorty's site, some other vacant parcels and the parcels across the street from the 501 N. Main. It was seen as an opportunity to include 501 N Main in this district. The resolution is needed in order to make sure that when the demolition occurs, if it is done before the creation of the district, it will not disqualify the parcel from inclusion in the district. He stated in order to accomplish this a resolution making certain findings with respect to substandard buildings should be adopted along with a development agreement to insure the parcel qualifies. Mayor Kimble stated that the demolition would occur prior to Lumberjack Days, in 6-9 months remove the bad soil and begin construction in 2003 and a new building in 2004. Council member Milbrandt asked when will the recertification of the district take place. City Attorney Magnuson stated that the buildings are in the process of being inspected by an engineer from Bonestroo and it is anticipated that report will be done by the end of summer. He stated that by the end of fall it would be done and certified. 5 City Council Meeting 02-14 July 16,2002 Motion by Council member Rheinberger, seconded by Councilmember Milbrandt to adopt Resolution 2002-162, approving private development agreement with The Lofts of Stillwater, Inc., and Resolution 2002-163, resolution making certain finding with respect to substandard buildings (501 North Main Project). All in favor. Ayes: Council members Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Mayor Kimble recessed the meeting at 7:50 p.m. Mayor Kimble reconvened the meeting at 8:05 p.m. Availabilitv of City Owned Sites for HousinQ Community Development Director Russell reviewed the availability of City owned sites for housing. He stated that the current site of the parks department and the Staples Field basketball court site were identified as possible locations for housing. He also stated that City Attorney Magnuson has researched the ownership of the Staples Field site and determined that the City Charter parks land provision and release from the state would be necessary to sell the site for market rate housing, but that the site could be sold for low income housing without state approval. He also stated that the current location of the parks department is not currently a park site and does not appear to have any deed restrictions on the sale of the property and recommends going through the Charter Commission for sale of land adjacent to a park. Mr. Russell stated that the parks department property has not been before the Parks Board. Councilmember Milbrandt reviewed the Park Board discussion. He stated that the Parks Board was willing to put the Staples basketball court parcel into the mix for affordable housing. Councilmember Bealka asked if horseshoes could be placed at the Staples location. Councilmember Milbrandt stated that the option could be considered and would involve neighborhood input as to an acceptable use by the neighborhood. Councilmember Rheinberger stated he is against the selling of Park property. He felt that the moving of homes shouldn't be the City's problem. Mayor Kimble stated that housing in Stillwater for families just starting out is hard to find because they cannot afford to live in Stillwater. This would provide affordable housing for people living in Stillwater. It may be that these sites may not be appropriate, but review of these sites and search for additional sites in the community by city staff is certainly within City's purview and its mission and goals to provide affordable housing in the community. It is should be reviewed with caution and care. Council member Bealka stated that affordable housing should be evenly distributed; most of the affordable housing is in Ward 4. He also asked why the churches could not take it upon themselves to make affordable housing rather than put it on the City. 6 City Council Meeting 02-14 July 16, 2002 Council member Zoller asked if there are any plans for the parks department property. Public Works Director Eckles stated that there are no specific plans for the property but stated that property owned by the City should be preserved. Mayor Kimble stated that as part of the new public works facility discussions it was mentioned that the current parks department site could be sold to help offset the cost of the new facility. Councilmember Zoller stated that he would like to see it referred to the Park Board and investigate the possibility of selling the parks department property. Motion by Councilmember Zoller, seconded by Councilmember Milbrandt to refer the issue to the Planning Commission and Parks Board for their input and conduct a public hearing. All in favor. NEW BUSINESS Reapportionment of Special Assessments for Bradshaw Subdivision City Administrator Hansen reviewed the request of the reapportionment of assessments for the Bradshaw Subdivsion. Motion by Councilmember Milbrandt, seconded by Council member Rheinberger to adopt Resolution 2002-164, reapportioning special assessments for parcel numbers 31.030.20.43.011 and 030.20.44.006 pursuant to subdivision of land. All in favor. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Review and possible approval of proposal for salt and sand buildinQ for Public Works facilitv Public Works Director Eckles reviewed the proposal for a salt and sand storage building at the new public works facility. He stated that using the original plans and specifications by Advanced Storage Technologies it was determined that their estimate did not include essential items such as a floor slab, electricity, natural and artificial lighting, building siding and other features. He also stated that after many discussions with the contractor of the facility, Dew Corporation, using multiple design strategies that the best price that can be achieve is $243,000. Dew Corporation has agreed to pick up half of the $3,000 consulting expense. Mayor Kimble stated that the MPCA is going to require the containment of salt and sand, even though he is not thrilled to spend more money, this will have to be done. Council member Rheinberger agreed with the Mayor and recommended approval of Option 1. Council member Milbrandt asked about a "do nothing" option. 7 City Council Meeting 02-14 July 16, 2002 Mayor Kimble stated that the do nothing option is would be to spread gravel over the foundation area and proceed to solicit bids or wait to a future date to construct the building. Public Works Director Eckles stated that as part of the discussions with the neighborhood near the public works facility the use of a salt and sand storage facility would hide the materials and reduce the noise because trucks would be loaded inside the facility. Councilmembers Zoller expressed disappointment in the estimation of cost of the public works facility. Council member Zoller stated that the Minnesota Department of Transportation is putting all salt and sand in storage facilities in anticipation of the MCPA requirement. He stated that it is not a requirement right now, but it would be in the future. Councilmember Rheinberger asked what the estimated final cost of facility. Public Works Director Eckles stated that the cost of the facility is still under the bid price for the facility. Councilmember Milbrandt asked if a decision on the salt and sand building needs to be made now because he would rather see all costs before acting on this expenditure. Mr. Robert Dew, Dew Corporation, stated that a decision tonight would not make or break the decision. He stated that the price of $243,000 is a firm price, it would not be exceeded. He stated that the project would be higher if done at a future date because of mobilization costs. This would not be a factor if approved tonight because the contractors are already there. City Administrator Hansen stated that $180,000 was budgeted for the salt and sand storage facility and that the Change Order would be for an increase of $63,000 to the building was. Council member Milbrandt asked for a workshop and a complete report on all costs related to the Public Works facility. Councilmember Bealka asked what the benefit of having a salt and sand storage building. Council member Zoller stated that it keeps the material dry, reduces noise at loading, and environmental concerns especially because the facility is near wetlands. Motion by Council member Rheinberger, seconded by Councilmember Zoller to adopt Resolution 2002-165, approval of proposal for salt and sand building for Public Works facility and directing staff to provide all costs associated with the public works facility at a workshop with Council on August 6, 2002 at the 4:30 meeting. All in favor. 8 City Council Meeting 02-14 July 16, 2002 Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None First readinq of Ordinance amendinQ Sec. 41-6. Requlatinq towinQ companies and reQuirinq licenses therefore City Attorney Magnuson stated the Police Department would like to perform background checks on towing companies because of the trust factor in the towing and impounding of vehicles. The BCA requires reasons for criminal background checks, specifically by ordinance. This amendment would specifically authorize the Police Department to perform background checks on the towing company employees. Motion by Councilmember Bealka, seconded by Council member Rheinberger approving the first reading of an ordinance amending Section 41-6, regulating towing companies and requiring licenses therefore. All in favor Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Fire protection contract discussion City Administrator Hansen stated that in the past a modified "Komp Formula" that includes the cost of overall service, number of runs per jurisdiction and the property value protected and an "average of averages" including population and household size. He also stated this is usually an excellent method to distribute the cost of providing services however the increases scheduled for 2001 contracts were high so they were reduced to a five percent (5%) increase. Fire Chief Kallestad stated that the townships and the City of Grant are strictly for emergency response. The township and the City of Grant do not receive all the services the City of Stillwater receives, such as fire prevention and code enforcement, public education, training and consulting for businesses, special events, and maintenance of fire hydrant assistance. He reviewed three options the City could use. Council member Rheinberger would like to see benefit match the cost of service or a true cost allocation formula. Councilmember Zoller asked is it a benefit of protection or cost of actual runs. Councilmember Milbrandt stated that the reason it was 5% last year was because the townships and the City of Grant had already had their budgets cast and it would have put them in financial hardships. He stated that he agreed with Council member Rheinberger and would like to see costs closer to benefit, but not lose money on every trip the department makes. City Administrator Hansen indicated that he did know of a better formula to use than what the City uses now. However, sitting down with the townships and the City of Grant and seeing what their thoughts were on the cost allocations was a good idea. 9 City Council Meeting 02-14 July 16,2002 Mayor Kimble stated he would like to see more information and have the item come back to Council at the August 2,2002 meeting. Motion by Councilmember Zoller, seconded by Councilmember Milbrandt directing the City Administrator to meet with the townships and the City of Grant to provide them with information relating to the cost of protection services and discuss the fire contracts and provide information to Council at the August 2, 2002 meeting. All in favor. Bid Award for Curve Crest West Extension Proiect (Proiect 2001-24) Public Works Director Eckles reviewed the bids received for the Curve Crest West Extension Project. He stated that the low bidder was Tower Asphalt, Inc. for $230,347.75. Motion by Councilmember Zoller, seconded by Councilmember Bealka to adopt Resolution 2002-166, accepting bids and awarding contract for Curve Crest Boulevard Extension project (Project 2001-24). All in favor. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Possible approval of cost sharinQ aQreement with Our Savior's Lutheran Church Public Works Director Eckles stated that Our Savior's Lutheran Church has submitted plans for an addition to their facility. As part of that construction major storm water improvements are proposed. He stated that by increasing the size and scope of the church improvements the City could construct improvements needed for the Lily Lake Diversion Project and avoid disrupting Olive and Brick Streets as well as the bike trail and ditch along County Road 12. He also stated that the church is willing to participate. The City would contribute funds to the project to cover all the additional charges necessary to make this project meet both parties' needs. Mr. Eckles anticipated a cost savings of approximately $100,000 on the Lily Lake Diversion project by utilizing the church's project. He stated that a cost sharing agreement with the church would be needed and a resolution passed declaring that all the additional costs associated with project is included in the Lily Lake Phase 2 project. Mayor Kimble stated that this is what the community likes to see, private and public cooperation. He thanked staff for their effort in making the joint venture work. Motion by Councilmember Milbrandt, seconded by Councilmember Rheinberger to adopt Resolution 2002-167, approving storm water improvements relating to Our Saviors Lutheran Church Addition Project. All in favor. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None 10 City Council Meeting 02-14 July 16,2002 Approval of Chanqe Order for Public Works facilitv Public Works Director Eckles reviewed the change order request for the public works facility. He stated that the change order includes the previously approved addition of insulation of the office area, a fire extinguisher added per code, roof materials due to the change on the low slope no warranty is provided for the original material on the low slope, ships ladder was exchanged for the metal stairs and floor finishing in the office area. He stated that the change in contract amounts to $17,476, however Council previously approved $8,635 so the new items are $8,841 in additional cost. Motion by Councilmember Bealka, seconded by Councilmember Rheinberger to adopt Resolution 2002-168, approval of Change Order #7 Public Works Facility Project (Project 9619). All in favor. Ayes: Council members Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Livable Communities Decomonstration Account Application Community Development Director Russell reviewed the Livable Communities Demonstruction Account application. He stated that the grant request for $2,050,000 would connect the Territorial Place Project and Lofts Project to the new Main Street Plaza, Transit Hum and parking through trail improvements and extension of the Main Street streetscape. He also stated that the grant would be reviewed by Met Council and the City should know about funding possibly in December. Motion by Council member Rheinberger, seconded by Councilmember Bealka to adopt Resolution 2002-169, Authorizing Application for the Livable Communities Demonstration Program COMMUNICA TIONS/REQUESTS Mayor Kimble reviewed a letter from Mr. David LaPonte on the success of the Great River Energy Bicycle Festival. COUNCIL REQUESTS Mayor Kimble acknowledged the information presented regarding the process for selecting an architectural investigator as requested at the July 2nd meeting. Council member Bealka requested that he would like to work with Ms. Fitzgerald and the Heritage Preservation Commission on the selection. Community Development Director Russell stated that he could contact Ms. Fitzgerald to work on and discuss this issue and process. He also stated that Ms. Fitzgerald would inform him of the Heritage Preservation Commission meeting when the RFPs would be discussed. 11 City Council Meeting 02-14 July 16, 2002 ADJOURNMENT Motion by Council member Rheinberger, seconded by Councilmember Bealka to adjourn the meeting at 9:22 p.m. All in favor. ~ ~L < 'm~ ,yo, ATTEST: ~ d-. UJaAC( Diane F. Ward, City Clerk Resolution 2002-159, directing payment of bills Resolution 2002-160, accepting bids and awarding contract for play equipment for the Old Athletic Field Resolution 2002-161, approving new off-sale liquor license to SuperValu, Inc., DBA: Cub Foods. Resolution 2002-162, approving private development agreement with The Lofts of Stillwater, Inc. Resolution 2002-163, resolution making certain finding with respect to substandard buildings (501 North Main Project) Resolution 2002-164, reapportioning special assessments for parcel numbers 31.030.20.43.011 and 030.20.44.006 pursuant to subdivision of land Resolution 2002-165, approval of proposal for salt and sand building for Public Works facility Resolution 2002-166, accepting bids and awarding contract for Curve Crest Boulevard Extension project (Project 2001-24) Resolution 2002-167, approving storm water improvements relating to Our Saviors Lutheran Church Addition Project Resolution 2002-168, approval of Change Order #7 Public Works Facility Project (Project 9619) Resolution 2002-169, Authorizing Application for the Livable Communities Demonstration Program 12