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HomeMy WebLinkAbout2002-12-17 CC MIN CITY OF STILLWATER CITY COUNCIL MEETING NO. 02-26 December 17, 2002 REGULAR MEETING 7:00 P.M. Mayor Kimble called the meeting to order at 7:00 p.m. Present: Absent: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble None Others Present: City Administrator Hansen City Attorney Magnuson Police Chief Dauffenbach Fire Chief Kallestad Public Works Director Eckles Community Development Director Russell City Clerk Ward APPROVAL OF MINUTES Motion by Council member Rheinberger, seconded by Councilmember Bealka to approve the December 3, 2002 regular minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Tim Obr - St. Croix Vallev Athletic Partnership Mr. Tim Obr of the St. Croix Valley Athletic Partnership reviewed the association's accomplishments and requested that Council consider giving a contribution as has been done in the past. Councilmember Rheinberger asked if in the long term there would be expansion of this facility. Mr. Obr stated that they hope to open two more sites once the current facility is complete. He stated that the locations would be in Stillwater and north of Stillwater. Councilmember Milbrandt asked if there is information on how many participants come from Stillwater, Hudson, etc. Mr. Obr stated that he could get that information for Council, but that he has been told that a majority of the participants come from Stillwater. Councilmember Zoller asked if Afton, Marine on St. Croix, Stillwater, Stillwater Township, and St. Mary's Point were the only municipalities that contributed. City Council Minutes - 02-26 December 17,2002 Mr. Obr stated that was correct, however West Lakeland contributed by waiving the building permit fees. He stated that Stillwater gave $27,000 a year for five years. Councilmember Bealka stated that the city has its priorities such as the St. Croix Recreation Center, Lily Lake arena. He stated that what the association is doing is a good thing, however economics are not good at this time. Mayor Kimble stated that the 2003 budget has been set, however invited the St. Croix Valley Athletic Partnership to request the money in the 2004 budget process that takes place in June. He also stated that the association exceeded the expectations and commended the association for their work. Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt directing staff to include this request in the 2004 budget process. All in favor. STAFF REPORTS Community Development Director Russell provided an update on the Lofts of Stillwater. He stated that the developer has received the DTED grant and will begin the cleanup in January. Public Works Director Eckles provided an update on the Public Works facility and that a Change Order with the $12,000 credit is on the consent agenda. He reminded Council and the public of the Open House on January 18, 2003 from 11 :00 a.m. to 2:30 p.m. CONSENT AGENDA Motion by Council member Bealka, seconded by Councilmember Rheinberger to approve the consent agenda without the Item - Possible approval of Pledge of Allegiance Dates for 2003 for discussion. All in favor. Ayes: Councilmember Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Resolution 2002-271, directing payment of bills Resolution 2002-272, approving salary retainer for city attorney for year 2003 Resolution 2002-273, approval of agreements with Courier News and Stillwater Evening Gazette for legal publications for 2003 Resolution 2002-274, designation of depositories for 2003 Resolution 2002-275, adopting Delinquent Sewer Charges Local Improvement No. 00001 Resolution 2002-276, approval of Change Order for Public Works facility Request to purchase band saw for Public Works facility Resolution 2002- 277, approving Minnesota Premises Permit for Gambling for St. Croix Valley Athletic Partnership at St. Croix Saloon & Eatery, 112 N. Main Street, Stillwater, MN Resolution 2002-278, appointing additional election judges and fixing compensation for special election on January 28, 2003 Page 2 of 10 City Council Minutes - 02-26 December 17, 2002 Request to renew of category list and anti-spam agent and software support for Web/Email filtering software Request to purchase GIS software for Fire Department Request to purchase printers for Fire and Public Works Request to purchase computer for Inspections Department Request to purchase software support for Veritas Backup Exec for City's Network Resolution 2002-279, authorizing staff to complete application for conveyance of tax forfeited parcel in Carli & Schulenberg's Addition Resolution 2002-280, approval of agreement with Johnson Controls Request to purchase a less lethal force option - Taser Request to Carry over Capital Outlay Items - Building, Police, Civil Defense, Parking, MIS, PlanUCity Hall, Fire, Finance, Engineering and Library Resolution 2002-281, approval of maintenance agreement with Johnson Radio Communications Co. - Public Works Consent Aqenda Item - Possible approval of Pledqe of Alleqiance Dates for 2003 Council member Bealka stated that he felt that September 11 in remembrance of the 911 attacks and December 7 for Pearl Harbor Day be added to dates listed for the Pledge of Allegiance. Councilmember Rheinberger stated that the only traditional holidays should be designated for the Pledge of Allegiance, Councilmember Bealka stated that the County Board and other organizations say the Pledge at every meeting. Mayor Kimble stated that Veterans Day is the combination of days such as D-Day, VE Day, VJ Day and the attack of Pearl Harbor. He also stated that for 2003 the Pledge of Allegiance might be appropriate on the meeting preceding September 11, in remembrance of the 911 attacks. Motion by Councilmember Bealka, seconded by Councilmember Zoller to have the following meeting dates for the recital of the Pledge of Allegiance for 2003. All in favor. Memorial Day - second meeting in May (May 20) Flag Day - first meeting in June (June 3) Fourth of July - first meeting in July (July 1) Observation of September 11 - first meeting in September (September 6) Veterans Day - first meeting in November (November 4) Ayes: Council member Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Mayor Kimble requested that New Business - Item No.3, Downtown Parking Program for 2003 be addressed at this time because Mr. Kevin LaCasse had another meeting to attend. Page 3 of 10 City Council Minutes - 02-26 December 17, 2002 Downtown Parkinq Proqram for 2003 Community Development Director Russell stated that the Downtown Parking Commission recommended that the City take over the management of the Downtown Parking Program for 2003. He reviewed the history of the Downtown Parking Program and Impark's responsibilities during their management of the program from 1995 to 2002. Mr. Kevin LaCasse stated that the Downtown Parking Commission recommends the Police Department assume the responsibilities of the Downtown Parking Program City Administrator Hansen requested that money be available from the Downtown Parking Program funds to preserve the option to contract with Impark for limited services. Police Chief Dauffenbach stated that his department might need Impark's expertise in the accounting aspects and the machines used in the program. He felt that the enforcement and staffing will work well, but there may be the need for limited services from Impark. Motion by Council member Rheinberger, seconded by Councilmember Milbrandt authorizing the preparation of the Notice of Termination by the City Attorney, preserving the option to contract with Impark for limited services and instituting City's management of the Downtown Parking Program for 2003. All in favor. PUBLIC HEARINGS Case No. SUB/02-89. Request from 402 Main Street. LLC, for a subdivision of existinq Joseph Wolf Brewerv Site located at 402 South Main Street in the CBD, Central Business District. into seven (7) lots and six (6) condominium units. Community Development Director Russell reviewed the request from 402 Main Street LLC to resubdivide the old Gordon's Iron and Vittorio's properties into seven lots and six condominiums. He stated the request is due to the new ownership and recent development of the Gordon and Vittorios sites and that the owner has prepared an overall plan for the site. He stated that the applicant has received separate design and use permits that are required by the Central Business District Zoning Ordinance. Mr. Russell stated that the subdivision does not effect the physical development of the site but does allow for separate ownership. He stated that the declaration of easements, restrictions and covenants have been reviewed by the City Attorney and will be recorded with the subdivision to allow shared use of common areas and provide for maintenance and repair obligations. He also stated that the condominium subdivision would be for residences above the first floor of the Main Street commercial uses, Mr. Russell stated that the Planning Commission approved this subdivision at their December 9th meeting with conditions of drainage and utility easements being provided Page 4 of 10 City Council Minutes - 02-26 December 17, 2002 as required by the City Engineer and the spring water shall be directed to the storm drain (I and I separation) before the final plat is recorded. Councilmember Rheinberger stated that he didn't understand how this subdivision would work. Mr. Steve Bremer stated that the subdivision divides the space into the lots. Lot 1 is the front sidewalk area; Lot 3 is the restaurant on the ground level and above the restaurant will be condominium units that will have individual ownership; Lot 2 is part of both lots; Lot 4 is in the back with the parking lot and the driveway; Lot 7 is the corner of 2nd and Nelson where the entrance to the condominiums will be and the entrance to Lot 5 where the big red barn is which has a conditional use permit for a home; and Lot 6 is an existing structure that will be remodeled into a home. City Attorney Magnuson stated that he reviewed the documents and they were very well done. Motion by Council member Rheinberger, seconded by Councilmember Bealka to adopt Resolution 2002-282, approving subdivision at 402 South Main and 207 East Nelson Streets. All in favor. Ayes: Councilmember Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None UNFINISHED BUSINESS Peace pole in Lowell Park Community Development Director Russell stated that Council referred the issue of the peace pole back to the Parks Board, He stated that the Parks Board reviewed the request at their November 25 meeting and that the board did not see how the situation had changed from their previous review and recommended that Council deny the request. Motion by Councilmember Milbrandt, seconded by Councilmember Rheinberger to accept the Parks Board recommendation to deny the placement of a peace pole in Lowell Park, All in favor. 2003 Budaet & Tax Levv Mayor Kimble reviewed the proposed resolutions for the 2003 budget and tax levy. Motion by Council member Rheinberger, seconded by Councilmember Zoller to adopt Resolution 2002-283, adopting the final tax levy for the Year 2003 for $6,603,957. All in favor. Ayes: Councilmember Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Page 5 of 10 City Council Minutes - 02-26 December 17, 2002 Motion by Councilmember Rheinberger, seconded by Councilmember Bealka to adopt Resolution 2002-284, adopting the final budget for the Year 2003, with revenues and expenditures for $11,480,612. Ayes: Councilmember Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None NEW BUSINESS Appointments to the Boards and Commissions Councilmember Milbrandt requested that the Council consider each board/commission separately because he felt that some of the commission appointments should be tabled to the January 7, 2003 meeting. Mayor Kimble reviewed the applicants for the Heritage Preservation Commission. He stated that two terms expire and that Mr. Roger Tomten wishes reappointment, Ms. Beth Diem is not reapplying and that a new applicant, Patte Kraske has requested appointment. Motion by Council member Rheinberger, seconded by Councilmember Milbrandt to adopt Resolution 2002-285, appointments to the Heritage Preservation Commission, All in favor. Ayes: Council member Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Mayor Kimble reviewed the applicants for the Downtown Parking Commission. He stated that three terms expire and two terms remain unfilled from January 1, 2002 and that Mr. Kevin LaCasse and Peder Pederson wish to be reappointed to the commission. He stated that if there are any members of the public interested in this commission to contact City Hall. Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to adopt Resolution 2002-286, appointments to the Downtown Parking Commission. All in favor. Ayes: Councilmember Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Motion by Councilmember Bealka, seconded by Council member Rheinberger to table the appointments of the Human Rights Commission to the January 7,2003 meeting for additional information. All in favor Mayor Kimble reviewed the applicants for the Parks Board. He stated that two terms expire and Linda Amrein and Sandy Snellman wish to be reappointed to the board. Councilmember Milbrandt stated that another opening on the Parks Board would be available once the Council representatives for the commissions/boards are decided. Page 6 of 10 City Council Minutes - 02-26 December 17, 2002 Motion by Councilmember Bealka, seconded by Councilmember Rheinberger to adopt Resolution 2002-287, appointments to the Parks Board, All in favor. Ayes: Councilmember Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Motion by Councilmember Bealka, seconded by Councilmember Rheinberger to table the Planning Commission appointments to the January 7,2003 meeting for additional information and determine the applicants ward residency to try to get a balance of representation. All in favor. Community Development Director Russell suggested that a Certificate of Appreciation be presented to Glenna Bealka for her service on the Planning Commission. Motion by Councilmember Bealka, seconded by Councilmember Rheinberger directing staff to prepare a Certificate of Appreciation for Glenna Bealka for presentation at the January 7,2003 meeting. All in favor. Councilmember Rheinberger stated that he wished the Library Board appointments tabled until the January 7,2003 meeting. He stated that he felt there should be a Council representative as one of the people on the board and should be discussed by the new council. Motion by Council member Rheinberger, seconded by Councilmember Bealka to table the Library Board appointments to the January 7, 2003 meeting. All in favor. Motion by Councilmember Rheinberger, seconded by Councilmember Zoller to table the appointments of the Joint Cable Commission to determine the Council representative. All in favor. Possible formation of task force reqardinq the bridqe issues - Councilmember Bealka Councilmember Bealka stated that he would be forming a blue ribbon task force to explore and make recommendations regarding the bridge issue. He stated that this task force will be independent from the City and is for Council's information and that no action by Council is required. Orderinq of feasibilitv report for Phase II of Lilv Lake Water Qualitv improvements Public Works Director Eckles reviewed the history of the Lily Lake Water Quality Improvements. He stated that work has taken place in two areas, the West Lake Street Ravine and the Northwest Diversion. He stated that staff will be looking at constructing portions of the additional phases that were presented in the original Short, Elliott and Hendrickson report prepare in 1999. He also stated that the Bonestroo report included the Olive Street Diversion that was constructed in the fall. He stated that proposed funding for this phase would be through an area assessment of the southern drainage Page 7 of 10 City Council Minutes - 02-26 December 17. 2002 district of Lily lake, Municipal State Aid and possibly another BWSR Grant. He requested that Council authorize the preparation of a feasibility report for the Lily lake Quality Improvement - Phase 2. Councilmember Zoller asked if the water elevation of Brick Pond would be studied as part of this feasibility report. Public Works Director Eckles stated that issue could be addressed as part of the feasibility report. Councilmember Bealka asked where the water from Brick Pond goes. Public Works Director Eckles stated that it goes into lily lake. Motion by Councilmember Bealka. seconded by Councilmember Rheinberger to adopt Resolution 2002-288, ordering preparation of a feasibility report for the Lily lake Water Improvement - Phase 2 project. All in favor. Ayes: Councilmember Bealka. Milbrandt, Rheinberger. Zoller and Mayor Kimble Nays: None Approval to complete sewer line repairs Public Works Director Eckles stated that during the 2003 Street Improvement Project staff televised the sewer lines on Holcombe and Willard Streets and that staff discovered that there were roots and protruding taps in the sewer line from poor installation of sewer services which block the sewer main. He stated that these obstructions prevented televising the whole sewer system and it makes it very risky to attempt cleaning or jetting of the sewer lines because it could result in damage to City equipment. Mr. Eckles stated that a contractor should be hired to use special equipment and cutting tools to the cut obstructions and protruding taps and remove them. He stated that there is an immediate need to correct this problem. However the 2002 budget only allowed $5,000 for sewer line repairs and that money has been spent. He requested that Council authorize the use of Infratech to complete approximately $16.000 for sewer line repairs and charge the cost to the sewer fund repairs. Motion by Council member Milbrandt. seconded by Councilmember Rheinberger authorizing the use of Infratech to complete approximately of $16.000 for sewer line repairs and charge the cost to the sewer fund sewer line repairs. All in favor. On-Sale and Sundav Liquor license transfer from St. Croix Preservation Companv, Inc. DBA: lumber Barons to DBD Water Street Corporation. DBA: Water Street Inn City Clerk Ward reviewed the request for the on-sale and Sunday liquor license transfer for the lumber Barons Hotel. Page 8 of 10 City Council Minutes - 02-26 December 17, 2002 Motion by Councilmember Rheinberger, seconded by Councilmember Bealka to adopt Resolution 2002-289, approving transfer of On-sale and Sunday liquor license to DBD Water Street Corporation, DBA: Water Street Inn. All in favor. Ayes: Councilmember Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None COUNCIL REQUEST ITEMS Councilmember Bealka stated that he appeared before the County Board to bring their attention to the serious traffic problem the City has on County Road 5. He stated it is almost impossible to get onto County Road 5 from Pine Street during the morning and evening and it is only a matter of time before something serious will happen in this area. STAFF REPORTS (continued) Police Chief Dauffenbach, on behalf of staff, thanked Councilmembers Bealka and Zoller for their support during their terms on the Council. Mayor Kimble reminded Councilmembers Bealka and Zoller that they still have to show up at the January 7,2003 meeting to approve the minutes of this meeting and for a small reception for outgoing and incoming Councilmembers. ADJOURNMENT Motion by Councilmember Rheinberger, seconded by Council member Bealka to adjourn the meeting at 8:18 p.m. All in favor. ~p ATTEST: ~d ~AcL Diane F. Ward, City Clerk Resolution 2002-271, directing payment of bills Resolution 2002-272, approving salary retainer for city attorney for year 2003 Resolution 2002-273, approval of agreements with Courier News and Stillwater Evening Gazette for legal publications for 2003 Resolution 2002-274, designation of depositories for 2003 Resolution 2002-275, adopting Delinquent Sewer Charges Local Improvement No. 00001 Page 9 of 10 City Council Minutes - 02-26 December 17, 2002 Resolution 2002-276, approval of Change Order for Public Works facility Resolution 2002- 277, approving Minnesota Premises Permit for Gambling for St. Croix Valley Athletic Partnership at St. Croix Saloon & Eatery, 112 N. Main Street, Stillwater, MN Resolution 2002-278, appointing additional election judges and fixing compensation for special election on January 28, 2003 Resolution 2002-279, authorizing staff to complete application for conveyance of tax forfeited parcel in Carli & Schulenberg's Addition Resolution 2002-280, approval of agreement with Johnson Controls Resolution 2002-281, approval of maintenance agreement with Johnson Radio Communications Co. - Public Works Resolution 2002-282, approving subdivision at 402 South Main and 207 East Nelson Streets Resolution 2002-283, adopting the final tax levy for the Year 2003 Resolution 2002-284, adopting the final budget for the Year 2003 Resolution 2002-285, appointments to the Heritage Preservation Commission Resolution 2002-286, appointments to the Downtown Parking Commission Resolution 2002-287, appointments to the Parks Board Resolution 2002-288, ordering preparation of a feasibility report for the Lily lake Water Improvement - Phase 2 project Resolution 2002-289, approving transfer of On-sale and Sunday liquor license to DBD Water Street Corporation, DBA: Water Street Inn Page 10 of 10