HomeMy WebLinkAbout1999-02-02 CC MIN
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CITY OF STILLWATER
CITY COUNCIL MEETING NO. 99-3
February 2, 1999
REGULAR MEETING
4:30 P.M.
The meeting was called to order by Mayor Kimble.
Present: Councilrnembers Thole, Zoller and Mayor Kimble
Absent: Councilrnember Cummings and Bealka
Also Present: City Coordinator Kriesel
City Attorney Magnuson
Police ChiefDauffenbach
City Engineer Eckles
Fire ChiefKallestad
Finance Director Deblon
City Planner Fitzgerald
Parks Director Thomsen
Administration Secretary Holman
STAFF REPORTS
City Engineer Eckles infonned Council that the City has been participating in the Lake
Monitoring Program with Met Council for a number of years. The cost of the program is
$800. There will be fourteen sampling dates. After each date, samples will be submitted
through the Met Council to an analytical laboratory for chemical analysis.
Motion by Councilrnember Thole, seconded by Councilrnember Zoller to adopt Resolution 99-
40 authorizing the City to enter into an agreement with the Metropolitan Council for
participation in the Lake Monitoring Program on Lily Lake.
Ayes:
Nays:
Absent:
Councilrnembers ThoJe, Zoller and Mayor Kimble
None
Councilrnembers Cummings and Bealka
OTHER BUSINESS
1. Ron Gersdorf, Waste Management Inc. - Discussion of solid waste contract.
Ron Gersdorffrom Waste Management, Inc. joined the meeting to discuss the upcoming
contract negotiations. City Coordinator Kriesel stated that Waste Management has requested
that the City begin renegotiations of the solid waste contract. The current contract allows
them to apply for two 3-year extensions. The current extension would cover 1/1/2000
through 12/31/2003. Negotiations must be complete within six months. Mr. Kriesel also
presented a fonn for evaluating and negotiating the extension. There was discussion
regarding complaints, Christmas trees, billing and Lumberjack Days. Mr. Kriesel stated that
there will need to be one workshop and one public hearing before the agreement is signed.
City Council Meeting 99-3
February 2, 1999
(' Motion by Councilmember Thole, seconded by Councilmember Zoller directing staff to begin
evaluation and negotiation process related to the extension of solid waste collection contract. All
in favor.
2. Dave Eckberg, Lumberjack Days Festival Association.
Dave Eckberg, LumbeIjack Days Festival Association informed council of the
activities/events for this years Lumberjack Days Celebration. Mr. Eckberg stated that he has
met with Chief Dauffenbach to discuss the beer garden situation and they have decided that
identification bracelets will be used again this year; however, there will be no charge for
them. All other conditions ofthe Police Department have been included in the Beer Garden
Agreement. Mr. Eckberg has also had some discussions with Parks Director Thomsen and it
was decided that the Lumberjack Days Festival Association will be paying the park fees for
1998. City Council also asked City Coordinator Kriesel to look into the possibility of getting
a City of Stillwater sign made for the barge. Mr. Eckberg also requested financial support
from the City in the amount of$15,OOO for the fireworks display and $6000 for the parade. It
will be the responsibility of the LumbeIjack Days Festival Association to provide dumpsters
and park cleanup. All of these items will be in the Parade and Fireworks Agreement.
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Motion by Councilmember Thole, seconded by Councilmember Zoller directing staff to continue
working with Mr. Eckberg to finalize the LumbeIjack Days agreements and bring them to the
next meeting for approval. All in favor.
3. Tim Nolde, Anchobaypro, Inc.
Mr. Nolde from Anchobaypro, Inc. explained that his group is working on a 52 unit rental
townhome development for the final parcel of Sid White's and Dave Harvieux's property.
Mr. Nolde is requesting the assistance and cooperation of the City in order to obtain federal
income tax credits. A resolution would need to be drafted stating the City's support for tax
credit financing for the project if the project meets all other city zoning and land use
requirements. The deadline for submitting the tax credit application is February 18, 1999.
Motion by Councilmember Thole, seconded by Mayor Kimble directing staff to work with Tim
Nolde, Anchobaypro, Inc. to draft the appropriate resolution stating the City's position regarding
financial support for a rental townhome development and bring to the next council meeting for
fmal approval. All in favor.
Recessed at 5:40 p.m.
RECESSED MEETING
7:00 P.M.
The meeting was called to order by Mayor Kimble.
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Present:
Absent:
Also Present:
Councilmembers Thole, Zoller and Mayor Kimble
Councilmember Cummings and Bealka
City Coordinator Kriesel
City Attorney Magnuson
Police ChiefDauffenbach
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City Council Meeting 99-3
February 2, 1999
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City Engineer Eckles
Civil Engineer Sanders
City Planner Fitzgerald
Administration Secretary Holman
Motion by Councilmember Thole, seconded by Councilmember Zoller to approve the minutes of
the January] 9, ] 999, Regu]ar Meeting and Executive Session. All in favor.
PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS
]. Senator Gary Laidig.
Senator Gary Laidig joined the meeting to update the Council on the ]999 Legislative
Session and to receive input on legislation important to the City of Stillwater and local
government in general. Senator Laidig stated his support for the Territorial Prison wall,
the elimination oflevy limits, the replacement of the Armory and the approval of
additional liquor licenses. Mayor Kimble asked that there be no unfunded mandates and
stated that we may need assistance on bridge issues. City Coordinator Kriesel submitted
an issue paper for Senator Laidig to consider which included repeal of sales tax for local
government purchases, elimination of levy limits, repeal of Truth in Taxation Hearings,
extending Truth in Taxation requirements to all taxing authorities, Y2k, additional liquor
licenses and special funding for City projects.
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2.
Bill Fierke - Lily Lake water quality project.
Mr. Fierke addressed his disappointment to fmd that the Council intent was to hold off on
Phases 2 and 3 of the Lily Lake Water Quality Project until a future date. City Engineer
Eckles stated that there are two factors that led staff to recommend that we proceed with
Phase I at this time: (]) The extra cost of constructing Phase 2 and 3 independent ofa
street reconstruction/rehabilitation project, and (2) new innovations or options may
become apparent as we monitor the performance of Phase I. Several funding concepts
were discussed. Council directed staff to assemble all the information for funding the
entire project versus funding Phase ], and also evaluate the cost of the project if we wait
to do Phases 2 and 3 at a future date. Council also directed staff to postpone the public
hearing on this matter until April 6, ] 999.
Motion by Councilmember Thole, seconded by Councilmember Zoller directing staff to prepare
a report on the cost and funding of the entire Lily Lake Water Quality Project (phases I, II, III) in
comparison to doing Phase I now and Phases II and III at a later time. All in favor.
CONSENT AGENDA
Motion by Councilmember Thole, seconded by Councilmember Zoller approving the consent
agenda. All in favor.
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I. Resolution 99-32: Directing Payment of Bills
2. Resolution 99-33: Amending Resolution 96-] 7, Ordering preparation of report on Lily Lake
Storm WaterfWater Quality
3. Resolution 99-34: Purchase of six mobile radios - Police Dept.
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City Council Meeting 99-3
Febniary 2, 1999
4. Resolution 99-35: Purchase of three squad cars - Police Dept.
5. Resolution 99-36: Approval of contract with Larson, Allen, Weishair & Co., LLP, for 1999
Audit
6. Resolution 99-37: Purchase of aeravator-seeder - Parks Dept.
7. Resolution 99-38: Purchase of Taro lawn tractor, mower, cab & blower - Parks Dept.
8. Approval of bocce ball tournament - use of "Reed parking lot"
9. Contractor License: Star Plumbing & Excavating, Inc., Bloomington; Northern Arborists,
Lake Elmo
10. Resolution 99-39: Setting City Contribution for Hospital/Medical Insurance Coverage for
Councilmembers, Qualified Retired Employees and Certain Exernpt Employees
11. Purchase of full-version Arcview GIS program - Engineering Dept.
I2.Resolution 99-40: Resolution Amending Resolution 96-17 Ordering Preparation of Report
on Lily Lake Storm WaterfWater Quality Treatment
UNFINISHED BUSINESS
1. Second reading of ordinance adopting a moratorium on establishment of adult
entertainment uses (first reading January 19, 1999)
City Attorney Magnuson stated that this is the second reading of an ordinance to adopt a
moratorium for the purpose of protecting the planning process and the health, safety and
welfare of the citizens of Stillwater by restricting and prohibiting sexually oriented
businesses for a period of one year while the city staff and the Planning Commission conduct
a study to propose changes to the Zoning Ordinance that would lawfully regulate sexually
oriented uses.
Motion by Councilmember Thole, seconded by Councilmember Zoller adopting Ordinance 872
adopting a moratorium on the establishment of adult entertainment uses.
Ayes:
Nays:
Absent:
Councilmembers Thole, Zoller and Mayor Kimble
None
Councilmembers Cummings and Bealka
2. Approval of Heritage Preservation Architectural Survey grants and funding.
City Planner Fitzgerald updated Council on the Heritage Preservation Architectural Study. In
1993, a comprehensive historic preservation planning process was established that would
study 16 Stillwater neighborhoods. The ultimate goal would be to record those that qualifY
on national or local historic registers. The City has received five grants from the Minnesota
State Historical Society with matching and in-kind funding from the City. The
neighborhoods that have had the architectural surveys completed to date are: North Hill
Original Town, South Hill Original Town, Sabin/Greeley Addition, Dutchtown District, and
Holcombe District.
3. Review and approval of the Heritage Preservation's letter to National Park Service
(" regarding revisions to the Wild and Scenic Rivers Act.
City Planner Fitzgerald informed Council that the National Park Service is considering
revisions to the Wild and Scenic Rivers Act. The St. Croix River is governed under the Wild
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City Council Meeting 99-3
February 2,1999
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and Scenic Rivers Act. Historical Structures and other edifices are not addressed in the
original act. The HPC would like to use this opportunity to suggest that it should be
protected and preserve all its cultural and historical resources, in Stillwater's case this would
include the bridge. Ms. Fitzgerald requested that Council review and approve the letter from
the HPC and suggested that Council initiate a letter to the National Park Service also.
Motion by Councilrnember Thole, seconded by Councilrnember Zoller authorizing a letter to the
National Park Service from the Heritage Preservation Commission regarding revisions to the
Wild and Scenic Rivers Act that would protect and preserve cultural and historical resources.
All in favor.
Motion by Councilmember Thole, seconded by Councilmember Zoller directing staff to prepare
a letter supporting revisions to the Wild and Scenic Rivers Act that would protect and preserve
cultural and historical resources and forward it to the National Park Service. All in favor.
NEW BUSINESS
1. Receiving report and ordering hearing - 1999 Street Improvements.
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Civil Engineer Sanders presented the plan for the 1999 Street Improvements. This year it is
proposed to reconstruct Fifth, Sixth and Seventh Streets between Hancock and Willard.
These streets are now the lowest rated streets in the study and are continuing to deteriorate.
The project would involve rehabilitating the sanitary manholes, replacing the galvanized pipe
for water services, replacing sidewalks and installing new catch basins. Total cost of the
project, which includes construction, engineering, and administration, amounts to $810,248.
The project will be financed through assessments and City contributions.
Mr. Sanders also informed Council that the owners of the Salem Church Condominiums have
petitioned the City to pave the segment of West Oak Street between Fourth and Fifth Streets.
The estimated cost of this project would be $10,700 and would be paid for by the four
properties that border the project. Property owners along West Oak Street will be included in
the public hearing for the 1999 Street Project.
Motion by Councilrnember Thole, seconded by Councilmember Zoller adopting Resolution 99-
41 receiving report and calling hearing on 1999 street reconstruction project.
Ayes:
Nays:
Absent:
Councilmembers Thole, Zoller and Mayor Kimble
None
Councilrnembers Cummings and Bealka
2. Receiving report and ordering hearing - Curve Crest extension/62nd Street.
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Sherri Buss and Mark Hanson from Bonestroo, Rosene and Anderlik (BRA) presented a
report regarding the Curve Crest Boulevard extension. The purpose of the report was to
examine the cost and issues associated with extending Curve Crest Boulevard west and south
from Stillwater Boulevard into the Bradshaw Property, the extensions of sewer and water
into this development area, and the methods and cost for dealing with managing storm water
that flows through this area. The report also looked at the cost of providing outlet control for
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City COWlcil Meeting 99-3
February 2, 1999
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Brewers Pond, and parkland development issues and cost along Long Lake. All ofthese
improvements can be done in
three phases with an approximate total cost of $1.4 million. Phase I would include streets.
sanitary, water, storm, street lights and trail improvements at an estimated cost of
$1,009,530. The Phase I improvements which are necessary to allow development between
COWlty Road 5 and Long Lake include approximately $300,000 for the trunk storm sewer
improvement. An alternative revenue source must be fOWld for this portion of the project.
Motion by COWlcilrnember Thole, seconded by COWlcilmember Zoller directing staff to find an
alternative fimding source for the trunk storm sewer improvements between COWlty Road 5 and
Long Lake and adopting Resolution 99-42 receiving report for Curve Crest Boulevard Extension
(No. 62nd Street) Street and Utility Improvements (project 9721).
Ayes:
Nays:
Absent:
COWlcilrnembers Thole, Zoller and Mayor Kimble
None
COWlcilrnembers Cummings and Bealka
3. Update on McKusick Lake.
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Sherri Buss, BRA, updated COWlcil on the progress of the McKusick Lake Task Force in
finding a way to control the Lake Level, protect Brown's Creek and maintain water quality
and lake aesthetics. A plan has been developed and will be presented at a public
neighborhood meeting on February 25,1999.
4. Establishing rates for storm water trunk charge for annexation area.
City Engineer Eckles informed COWlcil that the recently passed ordinance establishing trunk
utility charges for the annexation area allows the City to recapture the cost of providing
public utilities to the urban expansion area. The Trout Stream Protection Project is the
primary storm water improvement necessary to allow development ofthis area. Since
development is now taking place, it is necessary to establish the trunk storm water charge at
this time. The grand total of this project is currently estimated at $3,523.000. in 1999 dollars.
The estimated 863 acres of developable land will share the entire cost of this project. The
commercial and multi-family properties will be charged at a rate that is 125% of the rate
charged for residential property based on the additional storm water runoff that results from
these properties. Therefore, trunk storm water rates would be $3,885. per acre for residential
and $4857. for commercial/multi-family.
Motion by COWlcilrnember Thole, seconded by Coucilmember Zoller adopting Resolution 99-43
setting storm water trunk charges for expansion area.
Ayes:
Nays:
Absent:
COWlcilrnembers Thole, Zoller and Mayor Kimble
None
COWlcilmembers Cummings and Bealka
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5. Possible first reading of ordinance relating to lakeshore fertilizer restrictions.
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City Council Meeting 99-3
February 2,1999
City Attorney Magnuson explained that that this ordinance would restrict the use of certain
fertilizers and pesticides within the shoreland areas and subwatershed areas ofMcKusick
Lake, Long Lake and Lily Lake.
Motion by Councilmember Thole, seconded by Councilmember Zoller to have a first reading of
an ordinance restricting fertilizers and pesticides within shoreland and subwatershed areas. All
in favor.
6. Post office relocation.
City Coordinator Kriesel informed Council that the Postal Service is looking for a new
location for its carrier facility. The idea is to build a new carrier facility to house mail
processing and carrier distribution and leave the retail facility located on Third Street for the
foreseeable future.
7. Possible first reading of ordinance implementing the conflict of interest and financial
disclosure provisions of the City Charter.
City Attorney Magnuson stated that the amendment to the City Charter that was enacted in
July of] 998 required the City Council to enact an ordinance implementing provisions of the
change. The ordinance must carry out the mandate of the Charter provision that it would
administer and enforce the conflict of interest and financial disclosure provisions of the
charter.
Motion by Councilmember Thole, seconded by Councilmember Zoller to have a first reading of
an ordinance implementing the conflict of interest and financial disclosure provisions of the
Stillwater City Charter. All in favor.
ADJOURNMENT
Motion by Councilmember Thole, seconded by Councilmember Zoller to adjourn at 9:]6 p.m.
All in favor.
Attest:
rvrJ: IJ ltJJL
City Clerk
Resolution 99-32: Directing Payment of Bills
Resolution 99-33: Amending Resolution 96-] 7, Ordering preparation of report on Lily Lake
Storm WaterlWater Quality
Resolution 99-34: Purchase of six mobile radios - Police Dept.
Resolution 99-35: Purchase of three squad cars - Police Dept.
Resolution 99-36: Approval of contract with Larson, Allen, Weishair & Co., LLP, for] 999
Audit
Resolution 99-37: Purchase of aeravator-seeder - Parks Dept.
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City Council Meeting 99-3
February 2,1999
Resolution 99-38: Purchase of Toro lawn tractor, mower, cab & blower - Parks Dept.
Resolution 99-39: Setting City Contribution for HospitalJMedical Insurance Coverage for
Councilrnembers, Qualified Retired Employees and Certain Exempt Employees
Resolution 99-40: authorizing the City to enter into an agreement with the Metropolitan Council
for participation in the Lake Monitoring Program on Lily Lake.
Resolution 99-41: receiving report and calling hearing on-1999 street reconstruction project.
Resolution 99-42: receiving report for curve crest boulevard extension (No. 62nd Street) Street
and Utility Improvements (Project 9721).
Resolution 99-43: setting storm water trunk charges for expansion area.
Ordinance 872: adopting a moratorium on the establishment of adult entertainment uses.
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