HomeMy WebLinkAbout1999-03-02 CC MIN
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CITY OF STILLWATER
CITY COUNCIL MEETING NO. 99-5
March 2, 1999
REGULAR MEETING
4:30P.M.
The meeting was called to order by Mayor Kimble.
Present:
Absent:
Counciimembers Bealka, Cummings and Mayor Kimble
Counciimembers Thole Jarrived at 4:40 p.m.), Zoller (arrived at 4:38 p.m.)
Also Present:
City Coordinator Kriesel
City Attorney Magnuson
Community Development Director Russell
Finance Director Deblon
City Engineer Eckles
Fire Chief Kallestad
Police ChiefDauffenbach
City Clerk Weldon
Press:
Julie Kink, Courier
Mark Brouwer, Gazette
City Engineer Eckles reported the Lily Lake project public hearing notices are being
prepared. Because over 600 property owners are being noticed, he questioned if the hearing
should be split into two sessions or held at a different location.
Counciimember Thole stated he now was reconsidering the need to include the augmented
drainage area.
Motion by Counciimernber Thole, seconded by Counciimember Bealka to discontinue including
the augmented drainage area in the Lily Lake public hearing notices and include initial drainage
area only. Motion failed.
Ayes: Counciimembers Bealka and Thole.
Nays: Counciimernbers Zoller, Cummings and Kimble.
City Attorney Magnuson stated a revised feasibility study needs to be completed. The
feasibility study needs to be consistent with the ordered improvement.
Motion by Councilmernber Zoller, seconded by Councilmernber Bealka to postpone the Lily
Lake public hearing from April 6th until revised feasibility study is completed and return to
Council with a new timeline. All in favor.
Counciimember Cummings asked if the bleachers at Lily Lake have been inspected for
safety. City Coordinator Kriesel reported materials have been ordered and work is under
way to meet safety compliance standards.
City Engineer Eckles reported street sweeping will begin by the end of the week. Areas that
discharge into lakes will be done first
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City Council Meeting 99-5
March 2, 1999
Councilmember Zoller noted a building on Greeley street was for sale and questioned if it
could be used as a public works building. Mr. Kriesel and Mr. Eckles reported they had
already inspected the building, but it would not be conducive to a public works facility.
1. Workshop with MnDOT staff regarding Co. Rd. 12 speed limit study.
Mike Gillen, MnDOT, presented information on the MnDOT Myrtle Street speed limit study.
He explained the responsibilities and latitudes available to MnDOT in determining speed
limits. The study is current and is very good. He stated statistics show lowering the speed
limit will not reduce accidents. The current speed limit is appropriate according to the
outcome of the study.
Councilmember Cummings asked if there was any recourse. Mr. Gillen stated Council could
approach the Commissioner of Transportation directly. In turn, the Commissioner would
contact Mr. Gillen for a recommendation.
Council thanked Mr. Gillen for his attendance at the meeting. No action taken.
2_ Workshop with Mainstream Development Partnership regarding Maple Island site.
Vern Stefan, Mainstream Development Partnership, presented a summary of the planning for
the renovation of the Maple Island building. Since the initial development agreement in
December of 1997, the original plans for a grocer have fallen through. However, a revised
plan has been developed and Valley Coop has made a commitment to relocate and expand
their business to the Maple Island Site. He requested $65,000 of Tax Increment Financing
(TIF) support for demolition and renovation. Also requested were parking improvements
and a special assessment program.
Tim Stefan of Stefan/Larson Associates, architect for the project, described the plans for
renovation.
Community Development Director Russell reported the revised plans have a $2,750,000
project value and $55,000 TIF generation per year. The developer is requesting $65,000 in
assistance. The previous TIF agreement was based on a project value of $3,900,000 and TIF
generation per year of$IOI,OOO. Fifty parking spaces would need to be paved as a condition
of the grocery store lease; funding would need to be found for the improvement.
Council determined more information was needed from the Finance Director and City
Attorney.
Motion by Councilmember Thole, seconded by Councilmember Bealka directing staff to work
with Mainstream Development Partnership regarding a revised development agreement for the
renovation of the Maple Island site and return with a report and recommendation at the March
16,1999, meeting. All in favor.
3. Discussion of possible purchase of Burlington Northern property in downtown area.
Community Development Director Russell updated Council on the availability of the
Burlington Northern and Union Pacific railroad line in Stillwater, from Elm Street to
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City Council Meeting 99-5
March 2, 1999
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Sunnyside Marina. As directed by Council, staff is currently obtaining appraisals and survey
information. A major factor in establishing the value of the property is dependent on the
railroad tracks remaining or being removed. Mr. Russell is currently investigating the
possible availability of grants for the purchase of the property.
Motion by Councilmember Thole, seconded by Councilmember Cummings directing staff to
continue working on the possible purchase of the railroad right-of-way and tracks from
Burlington Northern and Union Pacific. All in favor.
RECESSED MEETING
7:00 P.M.
The meeting was called to order by Mayor Kimble.
Present:
Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
Also Present: City Coordinator Kriesel
City Attorney Magnuson
Finance Director Deblon
Police Chief Dauffenbach
Fire ChiefKallestad
Civil Engineer Sanders
City Engineer Eckles
r City Clerk Weldon
Press:
Julie Kink, Courier
Mark Brouwer, Gazette
APPROVAL OF MINUTES
Motion by Councilmember Thole, seconded by Councilmember Zoller to approve the minutes of
the February 16, 1999, Regular Meeting and Executive Session. All in favor.
PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS
1. Representative Mark Holsten, Minnesota House of Representatives.
Representative Holsten provided Council with an update on the current legislative session.
He requested input from the City on the impacts to the City if levy limits are extended.
Council expressed concern that funding be provided for current mandates.
CONSENT AGENDA
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Mayor Kimble requested Item 15, approving agreement with Stillwater Managers
Association, be removed from the consent agenda until further clarification by the City
Coordinator. (action taken at end of meeting)
Motion by Councilmember Thole, seconded by Councilmember Bealka approving the Consent
Agenda, as amended. All in favor.
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City Council Meeting 99-5
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1. Resolution 99-52: Directing Payment of Bills
2. Resolution 99-53: Purchase of vehicle for investigator - Police Dept.
3. Purchase of fax machine - Police Dept.
4. Purchase of 11 portable radios - Police Dept.
5. Resolution 99-54: Transfer of tobacco license for Stillwater Tobacco from Kawther, Inc., to
Kundara, Inc.
6. Resolution 99-55: Approval of agreement for preparation of Natural and Scenic Areas
Conservation Partners and Parks and Open Space grant requests.
7. Resolution 99-56: Employment of Laura Ann Kinser as part-time secretary/dispatcher 1-
Police
8. Temporary on-sale liquor license - Lumberjack Days Festival Assoc., July 22-25, 1999
9. Purchase of computer - Police Dept.
10. Purchase of primer pump for Pierce fire engine.
11. Purchase of five Minitor III radio pagers - Fire Dept.
12. Contractors Licenses: Kraus-Anderson construction Company, Minneapolis; SignArt
Company, Inc., Mendota Heights.
13. Resolution 99-57: Pennanent employment of Kim Kallestad as Fire Chief
14. Resolution 99-58: Approving transfers and funds closing as of 12/31/98- Finance Dept.
IS. Resel.tieR 99 6~h ..A..l'l'feviag agreemeBt hSR-;eeB City ef81ilb-:&ter and gal~.'Vater PRelia
1f8:BagefS ...'\sseeiatisR
16. Resolution 99-60: Amending Resolution 99-38 Authorizing Purchase ofToro Lawn Tractor
17. Resolution 99-61: Approving agreement between City of Stillwater and LU.O.E. Local 49
18. Resolution 99-64: Approving Resolution 99-64 requesting the City of Stillwater enter into
partnership with Stillwater Township, the Minnesota Department of Natural Resources and
the Washington County Soil and Water Conservation District to undertake natural resources
planning, acquisition and restoration as part of the Metro Greenways Initiative.
PUBLIC HEARINGS
1. 1999 Street Improvements, Project 9902. This is the day and time for the public hearing
to consider the making of street, sidewalk, water, stonn and sanitary sewer improvements for
Fifth, Sixth and Seventh Street between Willard and Hancock Streets, and West Oak Street
between Fourth and Fifth Streets. The area proposed to be assessed for such improvement is
properties abutting for Fifth, Sixth, Seventh Street between Willard and Hancock Streets, and
West Oak Street between Fourth and Fifth Streets. The estimated cost of the improvements
is $825,000.00.
Notice of the hearing was published in the Stillwater Gazette on February 12th and February
17,1999, and notices mailed to affected property owners.
Civil Engineer Sanders presented an overview of the feasibility report for reconstructing the
streets of Fifth, Sixth, and Seventh between Hancock and Willard Streets. Also proposed is
the upgrade of the gravel section of road on West Oak Street between Fourth Street and Fifth
Street. Streets are proposed to be constructed to city standard of 32 feet wide and sidewalks
at 5 feet wide. It is recommended galvanized service, which tends to pull a part and crack the
pipe, should be replaced with copper service at the time the street is reconstructed.
A letter of objection to the project was received from John and Hugh Kraemer who own
property at the Northwest comer of West Oak and 5th Streets.
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City Council Meeting 99-S
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The Mayor opened the public hearing.
Richard Colemier, 714 S. 7th Street, stated he is opposed to sidewalks on 7th Street, but stated
the street is in need of repair between Willard and Churchill.
Tom Pugh, 904 S. Sth Street, questioned how corner lots are assessed. Mr. Sanders explained
corner lots are assessed at SO percent. If an improvement is done on the intersecting street,
he would be assessed SO% on that street. Mr. Pugh stated he was in favor of the street
reconstruction and preferred the streets be 30 feet wide. He also stated sidewalks were not
needed at this time.
Denise Leja, 722 S. 7th Street, opposed sidewalk construction. She stated a retaining wall
would need to be constructed if a sidewalk were placed on her property. She also stated there
is no need for five-foot widths; three feet is sufficient. Mr. Eckles explained larger panels
have a longer life and five feet is the appropriate width for two people to pass on the
sidewalk. Ms. Leja was in favor of street reconstruction.
Anna D. Ready, 916 S. 6th Street, stated she was in favor of sidewalks between Churchill and
Hancock but was opposed to a five-foot width because she would have no boulevard. She
also expressed concern that residents are not notified years ahead that a project will be done
in the future; this would allow residents to save for the improvement. Notice in February is
not sufficient for a bill due in November.
Randy Moyer, 913 S. 7th Street, stated opposition to five-foot sidewalks but is in favor of
street reconstruction. He also felt watermain work was unnecessary.
Jennifer Bergh, 918 S. 7th Street, asked if streets would be lowered or flattened. Sanders
explained that would be determined by drainage needs. She expressed concern with hitting
her bumper if the driveway access is too steep. She also questioned how long her driveway
would be inaccessible; she has music students coming to her home. Sanders stated access
would be provided during the project.
Richard Huelsmann, representing St. Mary's Church, stated he has no objection to Oak Street
being paved. He questioned why the City was not picking up half the cost as they are on the
other streets. Staff explained the street is included in the project at the request of residents
for the purpose of limiting dust. City policy states that unimproved streets petitioned by
residents for improvement is 100 percent assessable.
Jim Zeller, 318 4th Street South, (Salem Church Condominiums) stated Oak Street is used
only by the Trolley and the church.
Julie Johnson, 1013 S. Sth Street, expressed concern trees would be killed if sidewalks were
installed. She also stated her section of the street was in better shape than others and asked
consideration of postponing that section to a later time.
Jack Sherin, 1002 S. Sth Street, stated opposition to both street and sidewalk improvements.
He stated it was done in the 1970's and not necessary now.
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City Council Meeting 99-5
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Councilmember Thole summarized that public input at the meeting so far generally seems to
indicate that residents feel 6th and 7th Streets need the improvements, sidewalks are opposed,
and the area between Churchill and Hancock does not need to be done at this time.
Brent Peterson, 502 W.Churchill Street, stated opposition to five-foot sidewalks. The City is
currently doing historic surveys of neighborhoods and is concerned with historic
preservation. Widths are part of the historic neighborhood, but now the City wants to bring
them to modern standards.
Casey Higgens, 719 S. 6th Street, questioned if she had galvanized or copper service. Mr.
Sanders stated her property has copper service and therefore would not require replacement.
Ms. Higgins also asked no old trees be removed for sidewalks. Mr. Sanders stated trees will
not be removed on 5th and 7th Streets.
Dave Harrison, 920 S. 5th Street, asked for consideration of a reduced assessment rate due to
previous poor work on the streets. Mayor Kimble stated the previous streets had been done
to lower standards. No adjustment was possible.
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Roger Tomten, 718 S. 5th Street, stated he is in favor of street reconstruction but prefers
narrowing streets as much as public safety allows to help reduce speed. He also favored
sidewalks; they are an immense benefit to children and families. He asked consideration of
not replacing some of the larger sections of sidewalk that are still in good condition. Mr.
Tomten also asked consideration of having the City Forester work with the City Engineer
regarding updating the ordinance relating to boulevard tree planting. Staff explained a tree
ordinance is currently being developed.
S. Groves, 817, S. 7th Street, stated opposition to sidewalks. She requested clarification of
methods of assessing for sidewalks.
Denise Leja, 722 S. 7th Street, stated she had consulted the State Attorney General's Office
and a private municipal law attorney and was told the cost must not be greater than the
benefit. City Attorney Magnuson explained the assessment formula is determined at the
assessment hearing; the assessment is to be no greater than the increased market value
resulting from the improvement.
Howard McClish, 912 S. 5th Street, felt there was no need for street or sidewalk
improvements.
Randy Smoyer, 913 S. 7th Street, stated a 32-foot road and S-foot sidewalk would eliminate
boulevards and cause problems with retaining walls. He requested boulevards be kept.
Anna D. Ready, 916 S. 6th Street, questioned the need to replace the galvanized pipe at her
residence. Mr. Eckles strongly recommended the replacement of galvanized pipe from the
main to the house because it is cost effective for her at this time.
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Mike Moore, 409 W. Willard, stated no repair of 6th Street is necessary at this time.
The Mayor recessed the meeting at 9:20 p.m. and reconvened at 9:35 p.m.
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City Council Meeting 99-5
March 2, 1999
The Mayor closed the public hearing.
Council determined the following: work on 5th Street between Churchill and Hancock
should be removed from the project, no new sidewalk should be installed on 7th Street
between Willard and Churchill, all streets should be 30 feet wide, replacement sidewalk
should be at approximately 4 feet (as determined by City Engineer), and Oak Street
improvements should be tabled until waivers are received from affected property owners.
Motion by Councilmember Cummings, seconded by Councilmember Bealka to table the
improvement of Oak Street until waivers are received from affected property owners. All in
favor.
Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt Resolution 99-
62 ordering improvement and ,rreparation of plans and specifications for 1999 Street
Improvements (5th. 6th, and 7 Streets).
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
Nays: None
UNFINISHED BUSINESS
1. Recommendation from Downtown Parking Commission for construction of 100 car UBC
parking lot
Motion by Councilmember Thole, seconded by Councilmember Zoller to table the discussion of
recommendation from Downtown Parking Commission for construction of 100 car UBC parking
lot to March 16, 1999. All in favor.
NEW BUSINESS
I. Funding request from City of Stillwater Chamber of Commerce for public space
beautification in 1999.
Council determined this item should be tabled to allow for time to meet with Chamber
representatives to discuss the request.
Motion by Councilmember Bealka, seconded by Councilmember Cummings to table discussion
of funding request from City of Stillwater Chamber of Commerce for public space beautification
in 1999.
2. Support for legislation for State assistance for trout stream preservation projects.
City Engineer Eckles reported staff has been meeting with members of the Brown's Creek
Watershed District (BCWD) and the City of Oak Park Heights to work together to obtain
state assistance for trout stream preservation projects. Our projects have been timed to when
financing is available from developments in the annexation area. The DNR and BCWD
support the mitigation protection strategy but are concerned with the timing. Therefore, an
attempt is being made to get state low-interest loans or grants. Meetings are scheduled with
Senator Laidig and Representative Holsten. It would be beneficial if council passed a
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City Council Meeting 99-5
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resolution requesting the State Legislature to modify language within State Statutes to allow
for assistance in financing trout stream preservation projects.
Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt Resolution 99-
63 directing staff to prepare a resolution in support oflegislation for State assistance for trout
stream preservation projects.
COUNCIL REOUEST ITEMS
Mayor Kimble stated Mr. Kriesel had answered his questions regarding the Managers
Association contract and requested approval of the agreement at this time.
Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt Resolution 99-
59 approving agreement between City of Stillwater and Stillwater Public Managers Association.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
Nays: None.
ADJOURNMENT
Motion by Councilmember Thole, seconded by Councilmember Cummings to adjourn at 10:55
p.m. All in favor.
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Attest:~ iij(~
. City Clerk
Resolution 99-52: Directing Payment of Bills
Resolution 99-53: Purchase of vehicle for investigator - Police Dept.
Resolution 99-54: Transfer of tobacco license for Stillwater Tobacco from Kawther, Inc., to
Kundara, Inc.
Resolution 99-55: Approval of agreement for preparation of Natural and Scenic Areas
Conservation Partners and Parks and Open Space grant requests.
Resolution 99-56: Employment of Laura Ann Kinser as part-time secretary/dispatcher 1- Police
Resolution 99-57: Permanent employment of Kim Kallestad as Fire Chief
Resolution 99-58: Approving transfers and funds closing as of 12/31/98- Finance Dept.
Resolution 99-59: Approving agreement between City of Stillwater and Stillwater Public
Managers Association.
Resolution 99-60: Amending Resolution 99-38 Authorizing Purchase of Toro Lawn Tractor
Resolution 99-61: Approving agreement between City of Stillwater and I.U.O.E. Local 49
Resolution 99-62: ordering improvement and preparation of plans and specifications for 1999
Street Improvements (5th, 6th, and 7th Streets).
Resolution 99-63: directing staff to prepare a resolution in support oflegislation for State
assistance for trout stream preservation projects.
Resolution 99-64: Approving Resolution 99-64 requesting the City of Stillwater enter into
partnership with Stillwater Township, the Minnesota Department of Natural Resources and the
Washington County Soil and Water Conservation District to undertake natural resources
planning, acquisition and restoration as part of the Metro Greenways Initiative.
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