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HomeMy WebLinkAbout1999-03-16 CC MIN , CITY OF STILLWATER CITY COUNCIL MEETING NO. 99-6 March 16, 1999 (" REGULAR MEETING The meeting was called to order by Mayor Kimble. 7:00 P.M. Present: Also Present: Councilmembers Bealka, Cwnmings, Thole, Zoller and Mayor Kimble City Coordinator Kriesel City Attorney Magnuson Community Development Director Russell Finance Director Deblon City Engineer Eckles Fire Chief Kallestad Police ChiefDauffenbach Administration Secretary Holman Press: Julie Kink, Courier Mark Brouwer, Gazette Motion by Councilmember Thole, seconded by Councilmember Zoller to approve the minutes of the March 2,1999, Regular and Recessed Meetings. PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS r 1. Jim Kolb, Valley Transit - Certificate of Appreciation (accompanied by Dave Christianson- Metropolitan Council). Mayor Kimble presented a plaque to Jim Kolb, Valley Transit, in appreciation of his significant contribution of over 23 years of personable and reliable transit service for the St. Croix Valley. Dave Christianson, Metropolitan Council was also present to commend Mr. Kolb for his many years of extraordinary service to the community and the region. STAFF REPORTS Council received a letter from City Planner Fitzgerald regarding the Heritage Preservation Commission. She stated that Katherine Francis has resigned from the Heritage Preservation Commission, thereby bringing the number of members down to seven as stated in the City Code. Therefore, the Heritage Perservation Commission will not be filling the vacancy. Fire Chief Kallestad requested approval to purchase a replacement defibrillator. The current defibrillator that the Fire Department has is broken. The cost to repair the old machine would not be . worth the expense since the technology has improved since it was purchased. The cost for a new machine would be $2959 from Physio-Control Corporation. This money is not in the 1999 budget. Motion by Councilmember Thole, seconded by Councilmember Bealka adopting Resolution 99-77 approving the purchase of a defibrillator from Physio-Control Corporation at a cost of $2959 plus tax. r Ayes: Councilmembers Bealka, Cwnmings, Thole, Zoller and Mayor Kimble. Nays: None (\ r r City Engineer Eckles informed Council that street sweeping would begin in the next day or two. The downtown areas and around the lakes will be swept first in an effort to catch debris before it is discharged into the lakes and river. There will be two sweepers until summer, one all summer and then two sweepers in the fall to catch leaves. Mayor Kimble noted that he received a letter of commendation for the work done by Fire Chief Kallestad in resolving a variance issue. Mayor Kimble complimented Mr. Kallestad on a job well done and requested that City Coordinator Kriesel place the letter in Mr. Kallestad's personnel file. CONSENT AGENDA City Coordinator Kriesel requested that Hi-Tech Signs Inc. be removed from Item 2, Contractors License until necessary paperwork has been received. Councilmember Bealka requested that Item 13, Request to begin hiring process for an Assistant Building Inspector be removed from the Consent Agenda for further discussion. Motion by Councilmember Thole, seconded by Councilmember Bealka approving the Consent Agenda, as amended. All in favor. 1. Resolution 99-65: Directing Payment of Bills 2. Contractors Licenses: Hi Taak 8igBB Ins. & GmJlhies, Stillwater; Drawing Card, Minneapolis; Gabler Bros Painting, Stillwater; Lee Hendrickson Masonry, Inc., Stillwater; Jones Sign, Green Bay WI; Wallmaster Home Improvements, St. Paul; C & T Siding, Inc., Roberts, WI 3. Approving exemption from gambling permit - St. Croix Catholic School rame 4. Hang banner on North Main Street - Lumberjack Days Festival Assoc. for Lumberjack Days, July 2 - 25,1999 5. Request to attend the Annual Historic Preservation Conference - Historic Preservation Committee 6. Resolution 99-66: Permanent Employment of Nathan Meredith - Police Department 7. Resolution 99-67: Purchase of a speed wagon - Police Department 8. Hang banner on Main Street at Olive - St. Michaels Church Fun Fest, July 9 - 25, 1999 9. Hang banner on Main Street at Olive - St. Croix Events for Rivertown Art Festival, April30-May 16,1999 10. Conciliation Court - authorization for City Coordinator to represent City II. Resolution 99-68: Establishing IRS standard mileage rate as mileage reimbursement rate 12. Purchase of two software programs for Ticke- Trac automated ticket writing system - Police Dept. 13. ReEIHeat t8 hegin lHriBg In=eeesB fer .:\SSistlHlt BtiihliBg IRBJleeter 14. Resolution 99-69: Approving transfers for City share projects IS. Resolution 99-78: Supporting Repeal of the State Sales Tax for Local Government Purchases Councilmember Bealka questioned the need for hiring an Assistant Building Inspector at this time. City Coordinator Kriesel explained that the Building Official will be on extended leave, and the activity of the department has been exceeding the level of activity for the past 3 or 4 years. The current Building Inspector is not able to keep up with all the activity associated with the Building Inspection Department. Mr. Kriesel also stated the new Inspector could perform other code enforcement activities, such as fire inspections, sidewalk snow removal, other nuisances, etc., especially when the construction activity slackens. 2 Motion by Councilmember Thole, seconded by Councilmember Cummings directing staff to begin the hiring process for an Assistant Building Inspector. (" Ayes: Councilmembers Cummings, Thole, Zoller and Mayor Kimble. Nays: Councilmember Bealka. PUBLIC HEARINGS I. This is the day and time for the public hearing to consider the extension of Lowell Park north to Mulberry Point including playgrounds, pathways, river observation, lighting, signage, and landscaping and the Park and Recreation Grant request. Notice of this hearing was published in the Stillwater Gazette March 9, 1999 and notices mailed to affected property owners. Community Development Director Russell explained that a public hearing is required to apply for a DNR Outdoor Recreation Grant. This grant would provide matching funds for the project. The park improvement for the Mulberry Point area is possible because of the extension of the levee wall around Mulberry Point. The improvements proposed are consistent with the levee wall project and approved Lowell Park Plan. r Bill Sanders, City Parks Consultant from Sanders, Wacker, Bergley, Inc. presented the plans for the improvements. These plans consisted of trails, performance area, picnic areas, children's play area, restroom, lighting and landscaping. The estimated cost of the park improvements is $500,000. One half of that amount would be paid through the grant, the remainder by the City. The project is scheduled to begin in the spring of2000. There was discussion regarding parking, boaters and the area around PD Pappys and the Stillwater Yacht Club. Community Development Director Russell stated that he would be meeting with the owners of PD Pappys and the Stillwater Yacht Club to discuss this area in more detail. The Mayor opened the public hearing. Jim Laskin, stated that it was good to see this project being completed. He said it was a wonderful plan and that when completed it will be considered a great park for a City of this size. The Mayor closed the public hearing. Motion by Councilmember Thole, seconded by Councilmember Zoller approving the Lowell Park Improvement Plan and adopting Resolution 99-70 approving the application for the Outdoor Recreation Grant program and authorizing Community Development Director Russell to execute the grant. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays: None. 2. This is the day and time for the public hearing to consider the purchase of 27 acres ofland as part of the Brown's Creek Nature Area and Parks Project for nature preserve and an outdoor ecological learning area. The land is located west of Neal Avenue, south of the Minnesota Zephyr railroad tracks and north of the northerly tributary of Brown's Creek. Notice of this hearing was published in the Stillwater Gazette March 9, 1999 and notices mailed to affected property owners. (' 3 (' Community Development Director Russell informed Council that the public hearing is required to apply for the Natural and Scenic Areas Grant Program. Mr. Russell explained that a natural resource inventory prepared for the Phase II annexation area identified this site as an excellent area for preservation. The 27-acre site combines existing City park lands with Brown's Creek wetland to create an 85-acre natural community. This proposed use in the area would include educational, interpretative and recreational uses. A companion Conservation Partners Grant request would provide money to help restore the site through removal of exotics, baring and native plantings. The plan has been approved by the Open Space Committee, Parks Board and Planning Commission. The Mayor opened the public hearing. There were no requests to be heard. The Mayor closed the public hearing. Motion by Councilmember Thole, seconded by Councilmember Zoller approving the Brown's Creek Nature Preserve plan and adopting Resolution 99-71 approving application for the Natural and Scenic Area Grant Program and authorizing Community Development Director Russell to execute the grant. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays: None. UNFINISHED BUSINESS (', 1. Update on rehabilitation of building at 124 N. Main (Melton Building). Community Development Director Russell updated Council on the rehabilitation of the building at 124 N. Main. The owner has entered into a contract with a renovation expert to restore the building. The exterior design plan will be reviewed by the HPC on April 5, 1999. Construction is anticipated to begin in Mayor June with the exterior building completion by September, 1999. Rick Igo, Historic Renovations, Inc., presented the plans for the renovation ofthe building and answered questions. Motion by Councilmember Thole, seconded by Councilmember Bealka to stay any condemnation actions on the Melton Building, 124 N. Main St., until July 1, 1999. At this time staff will report back with an update on the project. All in favor. 2. Report from Downtown Parking Commission regarding 1999 downtown parking improvements and program management. Community Development Director Russell informed Council that since the March 2, 1999 meeting the Downtown Parking Commission has met twice to discuss management of the Downtown Parking Program and parking lot improvements for the Spring of 1999. The Parking Commission used a cost estimate of$IOO,OOO for improvement of the UBC Lot and $200,000 for the Water Street Lot. In order to pay for the improvements, the Parking Commission considered extending pay parking to (' other lots as follows: 4 South Main River Lot UBC 24 hrs/7 days a week 24 hrs/7 days a week EveningslW eekends Olive/Second Maple Island Water Street EveningslW eekends Fri EveningslWeekends Evenings/Weekends (' The Parking Commission would also like to extend the contract with Impark for a four-year term (1999-2002) for the Parking Management Program. Councilmember Thole suggested that the agreement state that Impark be allowed to improve lots and keeps the revenues, instead of the City putting the improvements to the parking lots in capital outlay. Mr. Russell stated that Impark had agreed to do that. Motion by Councilmember Thole, seconded by Councilmember Zoller adopting Resolution 99-72 approving agreement with Impark for a 1999-2002 Parking Management program, which includes improvements to the UBC and Water Street lots. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays: None. 3. Additional information on Maple Island redevelopment project. Community Development Director Russell stated that the developers of the Maple Island building will need $65,000 of TIP per year for 10 years or $650,000 for the project to proceed. In order to get the $65,000 in TIP, staff and the developer have agreed to establish $55,000 floor on the amount of TIP available up to $65,000 or $650,000 for the term of the district. There will be no additional responsibility for payment by the City other than the 100 percent of available TIP, up to $650,000. (' The other responsibility of the City would be to provide 50 improved parking spaces for the grocery store. This will be accomplished by the recommended parking lot improvements described earlier. Motion by Councilmember Thole, seconded by Councilmember Zoller adopting Resolution 99-73 approving the development agreement between the City of Stillwater and the Mainstream Development Partnership for the Maple Island redevelopment project. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays: None. 4. Update: Stillwater Art and Nature Center request for City purchase of the Trolley Building Community Development Director Russell requested authorization to have an appraisal of the trolley building prepared. Mr. Russell stated that would give the City an idea of the amount of money needed to purchase the building. He also requested that the Fire Chief and the Building Inspector review the building to see if there are any fire or building code issues. This would put staff in a position to describe the conditions and costs of the Trolley Building, alternative methods of purchase, and present operations and staffing information. r Motion by Councilmember Cummings, seconded by Councilmember Thole directing the Building Official and Fire Chief to survey the Trolley Building located at the S.W. comer of Laurel and Owens Streets and prepare a written evaluation ofthe structure and adopting Resolution 99-74 directing staff to have a appraisal prepared for the Trolley building. 5 Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays: None. o 5. Possible second reading of ordinance relating to lakeshore fertilizer restrictions. (First reading Feb. 2, 1999) City Attorney Magnuson stated that this is the second reading of an ordinance relating to lakeshore fertilizer restrictions. Mr. Magnuson stated that he has meet with Ned Gordon, member of the Browns Creek Watershed District and water quality experts from Bonestroo, Rosene, Anderlik; Associates; as well as local merchants. All of the suggestions made have been incorporated in the ordinance. The ordinance now relates to all land within the City. It requires landowners to test their soil if they will be using a fertilizer containing phosphorous to demonstrate the need. It also includes a provision requiring property owners to remove grass clippings or fertilizer that is spilled upon a street. Mr. Magnuson explained that even if the ordinance is passed now, it will not be enforced until January 1,2000 in order to give ample opportunity for the public to become informed about the use offertilizer and give merchants a chance to stock fertilizers that are environmentally fiiendly. Motion by Councilmember Bealka, seconded by Councilmember Thole adopting Ordinance 873 City of Stillwater Public Waters Protection. Ayes: Councilmembers Bealka, Cummings, Thole and Mayor Kimble. Nays: Councilmember Zoller 6. Lily Lake proposal for additional studies. o City Engineer Eckles requested approval of a proposal by Bonestroo, Rosene, Anderlik & Assoc. (BRA) that would review and reevaluate the water quality improvement alternatives of Lily Lake. This proposal would involve reviewing the existing information, updating the watershed model to include changes proposed under the Stillwater Bridge Project, the identification and assessment of other alternatives and a summary report. The cost would not exceed $12,800 and would be completed May 31, 1999. This information would be used to update the feasibility study that would be presented to City Council. A public hearing would be ordered. Motion by Councilmember Bealka, seconded by Councilmember Thole adopting Resolution 99-75 accepting the proposal from Bonestroo, Rosene, Anderlik & Associates for review and reevaluation of water quality improvements to Lily Lake (project 9613). Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays: None. 7. Possible approval of amended St. Croix Valley Joint Cable Commission Agreement City Coordinator Kriesel stated Section 15 ( e) of the St. Croix Valley Joint Cable Commission Agreement is proposed to be amended as follows: e. The commission, its agents and employees, may engage in lobbying activities related to the regulation of cable communications only after such activities, including related travel, are o approved by a two third (2/3) vote of the cable commission members. The commission may also 6 submit written comments on rules, regulations or legislation regarding cable communication proposed by or pending before the MCCB, the FCC, and the Minnesota Legislature or Congress. (". Motion by Councilrnember Thole, seconded by Councilrnember Cummings approving the amended agreement with the St. Croix Valley Joint Cable Commission. All in favor. NEW BUSINESS I. Request for city consideration of annexation and development at 13-acre site located at northeast comer ofCR 5/12. Community Development Director Russell informed Council that the City received a letter from Bruggeman Homes to consider their development of property in the Phase IV annexation area. The orderly annexation agreement allows annexation outside of designated phasing when 100 percent of the property owner(s) petition the City for annexation and the property is adjacent to the City boundary. Councilrnember Zoller suggested that we table this discussion until it is brought before the Joint Board Meeting on April 14. Motion by Councilrnember Zoller, seconded by Councilrnember Thole to table discussion of annexation and development at the 13-acre site located at the northeast comer ofCR 5/12 until after April 14, 1999 Joint Board meeting. All in favor. 2. New bridge construction and old Stillwater bridge removal impacts and mitigation. (" Community Development Director Russell informed Council that MnDOT is currently preparing an amended Environmental Impact Statement for the new bridge based on the Braun Consensus Altemative. Todd Clarkowski from MnDOT updated Council on the bridge design process. Mr. Russell provided Council with an Impact and Mitigation statement for TH 36/STH 96 in the St. Croix River Crossing Project. Motion by Councilrnember Thole, seconded by Councilrnember Bealka adopting Resolution 99-76 describing impact and mitigation of the new trunk highway 36/96 St. Croix River crossing. Ayes: Councilrnembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays: None. 3. Request from Washington County to set up workshop on County Road 12 and 15 intersection City Engineer Eckles stated that the Washington County Department of Transportation and Physical Development has requested a workshop on April 6, 1999, at 4:30 p.m. to discuss intersection improvements. Motion by Councilrnember Thole, seconded by Councilrnember Cummings to set a workshop with the Washington County Department of Transportation and Physical Development for April 6, 1999 at 4:30 p.m. to discuss intersection improvements. All in favor. r COMMUNICATIONS/REOUESTS 1. Request for workshop - Charter Commission. 7 City Council Meeting No. 99-6 March 16, 1999 r City Coordinator Kriesel stated the members of the Charter Commission are requesting a workshop to derme the role of the City Coordinator and clarify how that position relates to the powers and responsibilities of the Mayor and Councilmembers. Motion by Councilmember Cummings, seconded by Councilmember Thole to set workshop with Charter Commission for May 4,1999 at 4:30 p.m. to discuss the role of the City Coordinator. 2. Donald Valsvik - Resignation from Planning Commission and Charter Commission City Coordinator Kriesel announced that Don Valsvik would be retiring from both the Charter Commission and the Planning Commission. Mayor Kimble commended Mr. Valsvik on his service to the City and requested that Mr. Kriesel prepare a resolution recognizing his work. Motion by Councilmember Thole, seconded by Councilmember Zoller directing staff to prepare a resolution commending Don Valsvik for his work on the Charter Commission and the Planning Commission for the next meeting and directing City Attorney Magnuson to determine if we can use previous applications to fill the position. All in favor. COUNCIL REOUEST ITEMS City Attorney Magnuson informed Council that he would no longer be representing Bruggeman Homes because of a potential conflict of interest. He also requested consent of the Council to represent Steve May and Classic Home Design, Inc. in negotiations and litigation surrounding the (' Hunter's Ridge Development in May Township. Motion by Councilmember Thole, seconded by Councilmember Cummings granting consent to City Attorney Magnuson to represent Steve May and Classic Home Design. All in favor. Councilmember Zoller asked City Engineer Eckles if they would be sealcoating streets this year. Mr. Eckles stated that they will be and a plan will be presented to Council at a later date. Councilmember Bealka asked City Engineer Eckles to look into the water problem with path behind Lily Lake School. ADJOURNMENT Motion by Councilmember Thole, seconded by Councilmember Cununings to adjourn at 10:03 p.m. to executive session to discuss labor relations negotiations Attest: ~ l, )I~tlrn . City Clerk (' 8 r', (", r City Council Meeting No, 99-6 March 16, 1999 Resolution 99-65: Directing Payment of Bills Resolution 99-66: Permanent Employment of Nathan Meredith - Police Department Resolution 99-67: Purchase of a speed wagon - Police Department Resolution 99-68: Establishing IRS standard mileage rate as mileage reimbursement rate Resolution 99-69: Approving transfers for City share projects Resolution 99-70: approving the application for the Outdoor Recreation Grant program and authorizing Community Development Director Russell to execute the grant. Resolution 99-71: approving application for the Natural and Scenic Area Grant Program and authorizing Steve Russell to execute the grant. Resolution 99-72: approving agreement with Impark for a 1999-2002 Parking Management program, which includes improvements to the UBC and Water Street lots. Resolution 99-73: approving the development agreement between the City of Stillwater and the Mainstream Development Partnership. Resolution 99-74: directing staff to have a appraisal prepared for the Trolley building Resolution 99-75: accepting the proposal from Bonestroo, Rosene, Anderlik & Associates for review and reevaluation of water quality improvements to Lily Lake (Project 9613). Resolution 99-76: describing impass and mitigation of the new trunk highway 36/96 St. Croix River crossing. Resolution 99-77: approving the purchase of a defibrillator from Physio-Control Corporation at a cost of $2959.00 plus tax. Resolution 99-78: Supporting Repeal of the State Sales Tax for Local Government Purchases. Ordinance 873: City of Stillwater Public Waters Protection. 9 RECORD OF EXECUTIVE SESSION Date convened: Tuesday, March 16, 1999 Timeconveneq, 10:15p,m. Time adjourned' 10:28p,m. Members present: Mayor Kimble. Councilmembers Bealka, Cummings, Thole alld Zoller Membersabsellt: NOlle Also present City Coordillator Kriesel and City Attorney Magllusoll Purpose of Executive Session: To discuss labor contract Ilegotiations with Teamsters Local 320- Police. Motioll by Coullcilmember Cummings, secollded by Coullcilrnember Thole to cOlltillue Ilegotiations with Teamsters Local 320 - Police based 011 recommelldatioll of City Coordillalor, All in favor Motion by Councilmember Thole, seconded by Coullcilmember Zoller to adjourn at 10:28 P M.AII in favor cf~ AIt",' ~d/ fN(~.:-J City Coofdlnator