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HomeMy WebLinkAbout2002-10-01 CC MIN CITY OF STILLWATER CITY COUNCIL MEETING NO. 02-21 October 1, 2002 REGULAR MEETING 4:30 P.M. Present: Absent: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble None Others Present City Administrator Hanson City Attorney Magnuson Police Chief Dauffenbach Fire Chief Kallestad Public Works Director Eckles Community Development Director Russell City Clerk Ward Press: Julie Kink, Courier STAFF REPORTS Police Chief Dauffenbach stated that since the Territorial Prison fire he has been looking for a secure facility to store forfeiture vehicles and a secure evidence area to secure evidence such as boats, snowmobiles, etc. He stated at the present time he is parking the vehicles in the City Hall parking lot. He stated that he has contacted Max Tudo to store the vehicles at the building he is leasing from the City until public works is in the new facility and he would use the old public works building until Council decides what will be done with that property, He stated that he would like to find a long-term permanent solution and a possibility may be to share a facility with Oak Park Heights. He asked for Council direction. Motion by Council member Bealka, seconded by Council member Rheinberger directing staff to explore possibilities for storage needs for City departments. All in favor. Community Development Director reviewed the status of the grant applications before the Metropolitan Council relating to the downtown area and the armory. Council discussed the new armory issue. Councilmember Rheinberger asked about the City's money that would be required for the building of an armory, Mayor Kimble stated that the City would provide the land but state National Guard money from federal dollars would build the building. He stated that the City would pay for any "betterments" to the armory. Community Development Director Russell stated that Council would be receiving a work program in November relating to the projects such as the armory and downtown plan. City Administrator Hansen stated that staff is very close to a purchase agreement for the 15.6 acres from the Washington County Historical Society and asked for Council' City Council Meeting - 02-21 October 1, 2002 direction. He stated that the terms would be $50,000 down, $30,000 a year for six years, and a final payment of $20,000 interest free. Mayor Kimble stated that the purchase would be the underlying land and that the cemetery would remain a cemetery. Council member Bealka asked why is the City interested in buying a cemetery. Mayor Kimble stated that it is not just the cemetery, but the land around it. Councilmember Rheinberger stated that staff should continue negotiations but did not want the City to own a cemetery. Councilmember Milbrandt stated that the Park Board did not say they were not in favor of the acquisition of the land, but that they were not in the position at this time to make this a number one priority. However, if Council decides that this is an opportunity to acquire this land he did not think that the Parks Board would recommend against it. Council member Zoller stated that when the City worked with the citizens in that area in regard to the Public Works Facility it was presented to them that this area would remain as open space, He also stated that if Council changes their mind on the property that Council should be aware that Council is going back on their word. Mayor Kimble stated that buying that land is consistent with the Council's goals related to growth and open space. Motion by Councilmember Rheinberger, seconded by Councilmember Zoller directing City Administrator Hansen and City Attorney Magnuson to continue negotiations with the Washington County Historical Society. All in favor, Mayor Kimble recessed the meeting to executive session at 5:10 p,m. RECESSED MEETING 700 P.M. Present: Absent: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble None Others Present City Administrator Hanson City Attorney Magnuson Police Chief Dauffenbach Fire Chief Kallestad Public Works Director Eckles Community Development Director Russell City Clerk Ward Press: Julie Kink, Courier Page 2 of 11 City Council Meeting - 02-21 October 1, 2002 APPROVAL OF MINUTES Motion by Council member Rheinberger, seconded by Councilmember Bealka to approve the September 17, 2002 regular minutes. All in favor. CONSENT AGENDA Motion by Council member Rheinberger, seconded by Councilmember Milbrandt to approve the Consent Agenda. All in favor. Resolution 2002-218, directing payment of bills Resolution 2002-219, approving transfer of ownership of tobacco license for Kinsel's Liquor Store to Twin Investments LLC Resolution 2002- 220, approving Minnesota Premises Permit for Gambling for St. Croix Valley Athletic Partnership, at Brines, 219 South Main Street, Stillwater, MN Approval of Gambling Permit for St. Croix Valley Education Program - November 8, 2002 Purchase of Maintenance Agreement for Color Copier/Laser Printer and Large Scale Laser Pri nter Purchase line, cable and pipe locator for the Sewer and Public Works Department Resolution 2002-221, Approval of 2003 US Bench Corp. Contract Resolution 2002-222, Accept Quotes and Awarding Contract for Seeding Services Resolution 2002-223, Approval of Parking Lease Agreement between the City and Arcola Development Company PUBLIC HEARINGS Case No. SUB/02-61. Request from Hans and Susan Halpren for a subdivision of a 15.000 square foot lot into two lots of 7.500 square feet each at 221 West Cherrv Street in the RB. Two Familv Residential District. Community Development Director Russell reviewed the subdivision request. He stated that the Planning Commission approved the request conditioned upon the applicant obtaining a survey of the property. Mayor Kimble opened the public hearing. Mr. Hans Halpren stated that the survey has been done, Mayor Kimble closed the public hearing. Motion by Councilmember Bealka, seconded by Councilmember Rheinberger to adopt Resolution 2002-224, approving subdivision at 221 West Cherry Street. All in favor. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Page 3 of 11 City Council Meeting - 02-21 October 1, 2002 Assessments for the 2002 Sidewalk Rehabilitation Proiect Assistant City Engineer Sanders reviewed the sidewalk project and related assessments costs. He stated that the contractor would be in next week to complete the project He stated that the bids came in lower than expected and therefore the assessment rate of $6.50 per square foot is lower than the engineer's estimate at the feasibility hearing, Councilmember Zoller asked if there is a difference in measurement that affected the cost and how would an adjustment be made to assessments, Mr. Sanders stated that any difference in measurement adjustments to the assessments could come before the Council before November 15 when the assessments are certified to the County, Prior to acceptance the City would remeasure sidewalks to make sure that the contractor's measurements are correct Council member Milbrandt was concerned about the quality review of the contractor's work and make sure the work is done prior to asking residents to pay the assessments. Public Works Director Eckles stated that many cities conduct an assessment hearing prior to the work being done to see if there are objections to the project He stated that should measurements be different than the assessment roll states, adjustments can be made to the assessments. City Attorney Magnuson stated that the quality of work has to be attained or the project would not be accepted by the City, He also stated that there are ways after the roll is adopted to make adjustments to the assessments. Council member Bealka asked about root grind assessments. Mr. Sanders stated that some of the sidewalks to be fixed are being fixed because of roots, so a root has to be ground away to fix the sidewalk. Mayor Kimble opened the public hearing, Ms. Sherry Frisch, 211 W. Elm St, stated that she has some drainage problems and asked that when this work is done that someone investigate this problem. Mr. Sanders stated that when the contractor comes to replace her sidewalk Ms, Frisch should contact the Engineering Department and they will come out and look at the problem prior to the installation of the sidewalk. Mayor Kimble closed the public hearing. Motion by Councilmember Rheinberger, seconded by Councilmember Zoller to adopt Resolution 2002-225, adopting the assessment for the 2002 Sidewalk Rehabilitation Project (Project 2002-11, L.1. 356). All in favor. Page 4 of 11 City Council Meeting - 02-21 October 1, 2002 Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Assessments for the 2002 Street Improvement Proiect Assistant City Engineer Sanders reviewed the assessments for the 2002 Street Improvement Project in the Croixwood area. He stated that bids for this project came in lower and therefore the assessments are lower than anticipated. Mayor Kimble opened the public hearing. Ms. Carol Hanley, 2106 Fairmeadows Rd" stated that she has a drainage problem that pools water at the end of her driveway. She stated that they removed some of the curb but that one of the curbs not replaced is cracked and believes that is the cause of the drainage problem. She does not want to have a buildup of ice because of the pooling in front of her driveway, She stated that she is paying for an improvement that has not fixed the problem. Council directed the Engineering Department to look at the problem. Mayor Kimble closed the public hearing. Motion by Councilmember Rheinberger, seconded by Councilmember Bealka to adopt Resolution 2002-226, adopting the assessment for the 2002 Street Improvement Project (Project 2002-02, U, 355). All in favor. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None UNFINISHED BUSINESS Possible adoption of Amended Ordinance 929, an ordinance amendinq Chapter 31. Section 31-14 of the Citv Code relatinq to shorelands (correction) City Attorney Magnuson reviewed a correction that needed to be done to the ordinance after the Department of Natural Resources review, Motion by Council member Bealka, seconded by Councilmember Rheinberger to adopt Amended Ordinance 929, an ordinance amending Chapter 31, Section 31-14 of the City Code relating to shorelands. All in favor. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Possible second readinq of Ordinance 930. an ordinance Requlatinq the Brinqinq of Pets to Public Parks City Attorney Magnuson reviewed the ordinance relating pets in the parks. Page 5 of 11 City Council Meeting - 02-21 October 1, 2002 Motion by Councilmember Milbrandt, seconded by Councilmember Rheinberger and add trails to the ordinance. Public Works Director Eckles asked if the ordinance could be changed to allow for only one citation placed on the signs in parks. He stated that if one ordinance addressed parks as well as public property including right-of-ways, sidewalks, trails and parks it would allow for only one citation to be printed on the signs placed in these areas. Council directed Mr. Eckles to take the old signs down in the parks. Motion by Council member Milbrandt, seconded by Council member Rheinberger to withdraw the motion. Motion by Council member Rheinberger, seconded by Council member Zoller to table the adoption of the ordinance until the October 15, 2002 meeting, Discussion on possible sale of old public works propertv Community Development Director Russell stated that the Planning Commission and staff reviewed the possibility of selling the old public works property, He stated that the Planning Commission consensus was that the City should plan for future needs before selling property in proximity to City Hall and recommended that a study be done to provide a long term view of city building spaces and site needs. He also stated that as Chief Dauffenbach mentioned at the 4:30 meeting storage for cars confiscated by the department is needed, therefore the public works building could provide that storage. He stated that staff also felt that the sale of the property would be premature because of their concern for the highest and best use of the property based on sites in RB Duplex Residential. Ms, Judy Gulden, neighbor and employee of HSI, stated that the property would be a good use of the property for the program HIS is proposing, however she understands that the City needs to do what is best for the City by doing a facility study. Mr. Jim McKinney, 410 W. Rice Street stated that he hopes the Council will consider when developing this property that it borders a residential area and that it will be consistent to what is around this area. He also stated that with the growth of the community there could be a need to expand City offices or if there are other public needs that could be served the property could be used for that as long as there is not more noise generated in the area, Mayor Kimble stated he received a couple of calls, one in favor of the project and one against. Council member Milbrandt stated that even though this a viable project, the timing is not right without Council knowing what should be done with the property or alternative uses available for this project. Council member Rheinberger disagreed with Councilmember Milbrandt. He stated that the project proposed would provide a residential barrier with state of the art housing Page 6 of 11 City Council Meeting - 02-21 October 1, 2002 versus a real junky area. He felt the project should move forward and that the project by HSI would be a good use of the property and serving community needs. Councilmember Zoller agreed with Council member Milbrandt that a study should be done. Councilmember Bealka agreed with Councilmembers Milbrandt and Zoller that it is a viable project, but the City should have a study done before selling public property. Dr. Butler reviewed the timeline for the HSI project. He stated that site control deadline for funding is December. Motion by Council member Zoller, seconded by Councilmember Bealka to not sell the property at this time and directed staff to investigate the options for the performing of a facilities study for future City needs. All in favor. Settinq of special election date City Administrator Hansen reviewed memos from City Attorney Magnuson and City Clerk Ward regarding the Special Election. He stated that City Attorney Magnuson's recommendation is to hold the Special Election on January 28, 2003 to allow Washington County to update the list of voters by adding new voters who register for the first time on November 5, 2002 and allow for the time needed to prepare for and conduct a special election. He further recommended having a mail ballot election process, Mr. Hansen stated that the City Clerk's recommendation is also to hold a mail ballot election. Mr. Hansen asked for direction regarding information to be presented regarding the charter amendment. He referred to City Attorney Magnuson's memo regarding the use of public funds to encourage voters to support or oppose a ballot question. Mr. Magnuson stated that public money could be used to fund mailings that are informational and unbiased such as a factual explanation of a proposed charter amendment but should not promote a particular point of view. Councilmember Rheinberger stated he liked the idea of a mail ballot process even though it costs more because it provides more participation from the residents because the City has given every opportunity to the residents to vote on this issue. He felt that the mail ballot would provide a conclusion to this issue. Council member Milbrandt agreed with Council member Rheinberger on the mail ballot process, He stated that to get less than a 5% turnout would be less than prudent. He also stated that having a mail ballot election around the 28th of January makes practical sense. Councilmember Rheinberger stated that neutral information should be presented on the issue, He stated that maybe a pro and con piece approach. Councilmember Bealka stated that a better job needs to be done educating the public on the issue. City Attorney Magnuson stated that Council member Rheinberger's suggestion is a good one, however the Attorney General's opinion on the use of public funds to promote or Page 7 of 11 City Council Meeting - 02-21 October 1 , 2002 oppose a charter amendment is clear. The only way public funds can be used is to have unbiased and informative information. Councilmember Milbrandt felt the Charter Commission should provide the fact sheet much like the School Board's fact sheet on the referendum, City Attorney Magnuson stated that the information should be carefully done and that the City Administrator should be in charge of that project. He also stated that he would have to review the information to assure that it is factual and unbiased information. Council member Bealka stated that the facts are known by the departments and that the Charter Commission presented the study. City Administrator Hansen stated that he envisioned that staff would prepare the fact sheet because the Charter Commission does not have staff or expertise that could provide this information. Councilmember Milbrandt stated that Mr. McKnight should be part of the staff that generates the fact sheet. Mayor Kimble stated that the City's newsletter, which is part of the budget, could be a venue for this fact sheet and it should also provide the history of this question to date and it would be informational and unbiased. Motion by Council member Milbrandt, seconded by Councilmember Rheinberger to adopt Resolution 2002-227, directing staff and the Charter Commission to prepare an informational, unbiased and factual explanation of the proposed charter amendment to be distributed with the January 2003 newsletter once approved by the City Attorney, Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Update on Community Development Block Grant and Response to Washinqton County Letter Community Development Director Russell reviewed the CDBG grant use for the North Hill project. He stated that the US Department of Housing and Urban Development (HUD) regulations indicates the program concept (payment of part of the assessments) does not qualify, He stated that in order to qualify, full assessments must be paid for low/moderate income households, not partial assessments, However, CDBG funds could be used for private costs associated with the project such as hooking up sewer lines from the residence to the street or removing septic systems. He also stated that a questionnaire would be sent out for the homeowner to complete and return for tabulation and further project development. Mayor Kimble stated that the form should state that the information provided is considered private data and will not be used for any other purpose than for the determination of receiving grant money to assist the homeowner on this project. Page 8 of 11 City Council Meeting - 02-21 October 1 , 2002 NEW BUSINESS Discussion on request from Chamber of Commerce for the Citv to maintain. store and install holidav liqhts downtown City Administrator Hansen reviewed the request from the Chamber of Commerce that the City take over the installation of the holiday lights in downtown. He stated that the City does not have the equipment necessary (a bucket truck) to perform this service, however quotes have been obtained to provide this service and the low quote was from Linner Electric Company, Inc for $4,280.00, Mayor Kimble provided a history of the holiday lights placed downtown, Mayor Kimble felt there was not enough information to make a decision to not have holiday lights, Councilmember Milbrandt stated that he is not against having the City involved in the short term, but that options should be explored on how this could be turned back to the Chamber. Council member Bealka agreed with Council member Milbrandt and asked the residents for ideas on this issue. Mayor Kimble agreed that options should be explored so there is a long term agreement for the holiday lights. Motion by Councilmember Milbrandt, seconded by Councilmember Rheinberger approving the quote from Linner Electric Company for the installation of the holiday lights for 2002 and directing staff to investigate options and work with the Chamber of Commerce for financing of the installation of the holiday lights in the future. All in favor. Request for Launch Ramp Access to St Croix Community Development Director Russell reviewed the request from the St Croix Amphicar Club to construct a small launch ramp south of the Dock Cafe. He stated that the downtown plan called for the relocation of a launch ramp facility to outside of downtown and that a ramp is proposed for the Aiple property once developed and the DNR has plans for an additional ramp north of the King Plant He also stated that construction of a launch ramp would require DNR and the Corps of Engineers' approval for river access and modification to the shoreland, Mr. Russell stated that it is not an easy question or issue. He stated that access could be at the location where the Andiamo previously docked their boats. He also stated that Mr. John Kershbaum has contacted him about the possibility of having a space at that dock for his gondola business. Mr. Russell requested Council direction noting any application to the DNR and Corps would have the City as applicant because the City owns the property. Page 9 of 11 City Council Meeting - 02-21 October 1 , 2002 Mayor Kimble stated that it may be of use to have that launch for emergency purposes, however that additional information is needed. Councilmember Rheinberger stated that he thought it would be an added attraction to the downtown and an emergency backup, Councilmember Zoller asked Fire Chief Kallestad if in the summer the fire department could get their boat down there. Fire Chief Kallestad provided information regarding the boats used by the fire department and the method of launching those vehicles. He stated that the launch would have to be wider and room would have to be made to turn a vehicle around. As proposed, it would not be feasible. Councilmember Milbrandt stated that he did not want the riverfront to become a place where special interest groups start conducting their operations. He felt that first it would be the amphicars then boaters because it will not be able to be controlled, It does not make practical sense. He stated that it is not the most practical site for emergency vehicles. Motion by Council member Rheinberger, seconded by Councilmember Bealka directing staff to proceed in the process for a ramp located by the Dock Cafe such as the Planning Commission, Park Commission, DNR and Corps of Engineers. Ayes: Council members Bealka, Rheinberger, Zoller and Mayor Kimble Nays: Councilmember Milbrandt COUNCIL REQUEST ITEMS Mayor Kimble reminded everyone to observe Fire Prevention Week, October 6-12,2002 and practice fire safety. Chief Kallestad invited the public to a Fire Department to the Open House on October 12, 2002 from 10:00 a.m. - 1 :00 p.m. COUNCIL REQUEST ITEMS Councilmember Bealka asked Public Works Director Eckles for an update on the lighting project. Public Works Director Eckles stated the City has entered into a contract with Excel Energy and they are presently installing the bases for the poles and are waiting for the mast arms. He stated that he will check on the status. ADJOURNMENT Motion by Councilmember Rheinberger, seconded by Councilmember Zoller to adjourn the meeting at 8:30 p.m. Page 1 0 of 11 City Council Meeting - 02-21 October 1 , 2002 J6#~~ ATTEST: 4~ d-./L>>.A?( Diane F. Ward, City Clerk Resolution 2002-218, directing payment of bills Resolution 2002-219, approving transfer of ownership of tobacco license for Kinsel's liquor store to Twin Investments LLC Resolution 2002- 220, approving Minnesota Premises Permit for Gambling for St. Croix Valley Athletic Partnership, at Brines, 219 South Main Street, Stillwater, MN Approval of Gambling Permit for St. Croix Valley Education Program - November 8, 2002 Purchase of Maintenance Agreement for Color Copier/Laser Printer and Large Scale Laser Printer Purchase line, cable and pipe locator for the Sewer and Public Works Department Resolution 2002-221, Approval of 2003 US Bench Corp. Contract Resolution 2002-222, Accept Quotes and Awarding Contract for Seeding Services Resolution 2002-223, Approval of Parking Lease Agreement between the City and Arcola Development Company Resolution 2002-224, approving subdivision at 221 West Cherry Street Resolution 2002-225, resolution adopting assessment for 2002 Sidewalk Rehabilitation Project (Project 2002-11, L.I, 356), Resolution 2002-226, resolution adopting assessment for 2002 Street Improvement Project (Project 2002-02, L,1. 355). Resolution 2002-227, Amended Ordinance 929, an ordinance amending Chapter 31, Section 31-14 of the City Code relating to shorelands Page 11 of 11