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HomeMy WebLinkAbout1999-03-02 CC MIN ::-t- r r r ~ . . 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 .-. (" r r ." 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 2 . . J City Council Meeting 99-5 March 2, 1999 r 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 r 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. 3 (' (' r City Council Meeting 99-5 March 2, 1999 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. 4 (' (" r . City Council Meeting 99-S March 2, 1999 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. S City Council Meeting 99-5 March 2, 1999 (' 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. r 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. r 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. 6 . . r r r 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 7 . ' , . , . (\ r C' City Council Meeting 99-5 March 2,1999 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. r ~~ ayor 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. 8