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HomeMy WebLinkAbout1999-05-18 CC MIN ("' r r CITY OF STILLWATER CITY COUNCIL MEETING NO. 99-10 May 18, 1999 SPECIAL MEETING 4:30 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 Police Chief Dauffenbach Community Development Director Russell City Engineer Eckles Fire ChiefKallestad City Clerk Weldon Press: Julie Kink, Courier 1. Workshop with NSP - decorative lighting for downtown area. City Engineer Eckles introduced John Werdish, NSP Community Service Manager and Stu Fraizer, Lighting Consultant from Northern States Power Company (NSP). According to the memo from City Engineer Eckles, the proposed outdoor lighting contract would consist of installing 50 ornamental pedestrian lights on Main Street and Chestnut Street and retrofitting and painting 129 existing streetlights in the downtown area. The estimated total cost is $250,000 to design and implement this project. NSP would operate and maintain all of the lights downtown for a period of 16-25 years. Possible funding methods could include assessments to abutting properties or a special taking district for properties bordering the lighted streets. Mr. Wertish explained the purchase option and proposal. James Laskin suggested meeting with downtown owners after an estimated cost, such as cost per linear foot, was available. Mr. Frazier discussed the need to have a contract signed by mid-July or early August if the project is to be done this construction year. Funding options and possible assessments were discussed. City Attorney Magnuson stated the contract proposed by NSP included an indemnification clause which would hold NSP fully harmless for all actions grounded upon contract, tort, negligence, strict liability, or environmental claims incurred as a result ofNSP's performance, and the use of the equipment by buyer or third party. This clause is not acceptable to the City. Mr. Wertish stated this could be amended. Staff was directed to continue working on the proposal with NSP. Motion by Councilmember Cummings, seconded by Councilmember Thole to adopt Resolution 99-131 ordering a feasibility study for the installation of decorative lighting in the downtown area. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None City Council Meeting No. 99-10 May 18,1999 r 2. Workshop with Territorial Coalition, Inc. - Revised development plan for territorial prison site. Community Development Director Russell reported the development contract between the City and Territorial Coalition, Inc., for a hotel project expired last month. Mr. Lange, Territorial Coalition, Inc., requested this workshop to present a new concept. The new project is similar, with the major difference being the replacement of the 117 hotel rooms with 67,000 feet of office space. The banquet facility and restaurant/bar remain the same as the original hotel concept, with some interior modifications. Wispark, a subsidiary of Wisconsin Energy Corporation, is the new development partner with John Lang and Michael Borunt. The developer wilI now be Territorial Partners, LLC. A project proforma of estimated costs and projected revenues, including a request for $3,160,321 in TIF assistance/tax benefit, have been submitted for review. John Lang reviewed the new proposal. Greg Miller, Vice President/Regional Director for WISP ARK, Mark Finn, Finn Daniels Architects, and Kevin Lacasse, Greystone Real Estate, offered information regarding WISP ARK, the proposed design of the Class A office space and restaurant/conference facility, and the demand for office space in the City. Michael Borunt was also present. Mr. Lange requested City approval for the change of the project nature and a revised development agreement. City Attorney Magnuson stated prior project approvals have all expired, necessitating new Planning Commission review and agreements. (" Community Development Director RusselI recommended considerations to be addressed should include an update on prison wall and drainage, reconsideration of City park ownership or open space, update on cost ofland and terms ofland sale, and planning consideration (design changes and parking requirements) for the proposed new use. Council referred the project to the Planning Commission for review. They further directed staff to work with the developers on project approvals, tax increment financing, and assessment of site conditions, and return with a report at the June I" Council meeting an action necessary to expedite the process for the approval of the development. Motion by Councilmember Bealka, seconded by Councilmember Zoller directing staff to work with Territorial Partners, LLC, for the development of the territorial prison site as office space and a restaurant/conference center. All in favor. Recessed at 5:54 p.m. REGULAR MEETING 7:00 P.M. The meeting was called to order by Mayor Kimble. r Present: Councilmembers Cummings, Thole, Zoller and Mayor Kimble Absent: Bealka (arrived at 8:05 p.m.) Also present: City Coordinator Kriesel City Attorney Magnuson Police Chief Dauffenbach 2 City Council Meeting No. 99-10 May 18,1999 (' Fire ChiefKallestad Community Development Director Russell City Engineer Eckles City Clerk Weldon Press: Julie Kink, Courier Mark Brouwer, Stillwater Gazette APPROVAL OF MINUTES Motion by Councilmember Cummings, seconded by Councilmember Thole to amend Page 5, motion related to Unfinished Business, Item No.2, code violations at Gannon's Auto Body by inserting "and directing staff to enforce codes related to the temporary storage structure attached to the west side of Gannon's Auto Body Shop". All in favor. Motion by Councilmember Cumming, seconded by Councilmember Thole, approving the May 4, 1999, Regular and Recessed Meetings, as amended. All in favor. PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS 1. Phil Eastwood - Request for sign ordinance amendment. (' Phil Eastwood, Coldwell Banker Burnet, and representing members of the local real estate community, requested modification of the City sign ordinance to allow for the judicious use of directional signs on city right-of-ways. He stated the directional signs have been used in the City by real estate practitioners for many years, and that the city has only recently received a complaint about their use. The City sent letters to the real estate community stating the long standing ordinance regarding signage will now be enforced. He requested the ordinance be changed to allow for the signage on public right-of-way. The request would be to allow directional signs to remain for the duration of a listing, usually approximately 60-90 days. Discussion folIowed with concerns expressed about the proliferation of signs in the City causing a visual impact. Also, there was concern that property owners on major intersections would have signs placed in their front yard for extended periods oftime. Council determined the issue should be referred to the Planning Commission for their next meeting and returned to Council for the July 6th meeting. Motion by Councilmember Thole, seconded by Councilmember Zoller referring the request for the sign ordinance amendment to allow for real estate directional signs to the Planning Commission for review and recommendation. All in favor. STAFF REPORTS (' Police Chief Dauffenbach reported that an Administrative Hearing was held regarding the St. Croix Boat and Packet Company, dba Cat Ballou's, liquor violation. Administrative Hearing Officer Deborah Kraus' order, dated May 11,1999, has been appealed; a request has been made for a hearing before the Council. 3 City Council Meeting No. 99-10 May 18,1999 r City Attorney Magnuson explained Council must consider the record and findings prepared by the hearing office and provide each of the parties to the hearing an opportunity to present both written and oral arguments regarding the hearing officer's decision. No new evidence may be presented and the advocacy may be limited to one presenter on each side and a time limit of 10 to 15 minutes. Motion by Councilmember Thole, seconded by Councilmember ZolIer setting a hearing for appeal of administrative hearing officer decision regarding liquor violation at Cat Ballou's for June 15, 1999, at 4:30 p.m. All in favor. Community Development Director Russell reported a petition for annexation, dated April 29, 1999, has been received from George and Paul Bergmann, trustees of the Helen Bergmann Trust and the Alvin Bergmann Trust for the Northwest Quarter (NW J4) of the Southwest Quarter (SW J4) of Section 31, Townships 30 North, Range 20 West, Washington County, MN. City Attorney Magnuson explained petitions, once accepted by Council, are filed with the Municipal Board. However, due to legislative action, the Municipal Board will be dissolved July I, 1999. This petition should be filed with the Municipal Board before the Board no longer exists. Motion by Councilmember Cummings, seconded by Councilmember Thole adopting Resolution 99-137 annexing land to the City of Stillwater pursuant to the joint resolution of the City and Town of Stillwater as to orderly annexation and directing City Attorney to file petition with the Municipal Board. Ayes: Councilmembers Bealka, Cummings, Thole, ZolIer and Mayor Kimble. r Nays: None. City Engineer Eckles reported the latest National Weather Service river crest estimate states the river should crest at 3 feet below flood stage in Stillwater. City Attorney Magnuson presented a proposed a right of entry and waiver of trespass agreement with the Dock Cafe Corporation that would allow the City and its representatives, agents and contractors to enter the property of the Dock Cafe for the purpose of constructing and maintaining an erosion control project. Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution 99-132 approving right of entry and waiver of trespass agreement with the Dock Cafe Corporation for erosion control project and authorizing the execution of the agreement. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays: None. CONSENT AGENDA Motion by Councilmember Thole, seconded by Councilmember Cummings to approve the Consent Agenda. All in favor. r 1. Resolution 99-124: Directing Payment of Bills 2. Contractors Licenses: Stillwater Concrete and Construction, Bayport; 3. Temporary on-sale liquor license, City of Stillwater Chamber of Commerce, Taste of StilI water, June 18-20, 1999 4 r City Council Meeting No. 99-10 May 18,1999 4. Temporary 3.2% malt liquor license, City of StilI water Chamber of Commerce, Music on the Waterfront, June 23, June 30, July 7, and July 14 5. Temporary 3.2% malt liquor license, City of Stillwater Chamber of Commerce, Fall Colors Fine Art and Jazz Festival, October 2-3, 1999. 6. Resolution 99-125: IKON Office Solutions contract renewal for 2000/2001 for copier maintenance and service 7. Authorization to begin process to hire one fulI-time laborer - Parks and Public Works 8. Purchase of two bicycles for downtown bike patrol- Police Dept. 9. Resolution 99-126: Employment of Billy VonWald, Jeffrey Dionisopoulos, and Elliot Lindberg as seasonal public works laborers 10. Utility bill adjustments - sewer charges 11. Resolution 99-127: Part-time seasonal employment of Martha Vandenberg, Michael Andrews, Anton Friant, Jennifer King, Cyrus Moslemi, Lindsey Davis, and Annie Bryse as lifeguards and employment of Adam Bockman, Sarah Wiegand, and Mandi Miller as seasonal park workers 12. Upgrades to router and server and purchase of two computers, CPU, and printer - Police 13. Resolution 99-128: Amending solid waste contract relating to disposal location 14. Resolution 99-129: Approving revised emergency response policy 15. Initiating establishment of paid on-call firefighter list 16. Resolution 99-130: Authorizing payment of award to James and Zenith Huntsman for park condemnation UNFINISHF.D BUSINESS r 1. Gilbert Court drainage issue. At the April 6th Council meeting, a resident at 1034 Gilbert Court requested the City look into options to correct the drainage problem located along the path from Lily Lake School to the cul- de-sac on Gilbert Court. r In his memo, City Engineer Eckles reported the site investigation shows that water draining to the low point in the trail comes from a small drainage area from Lily Lake School and the north half of a lot at 1050 Gilbert Court. The drainage ditch from the school has filled in, probably from sedimentation, and could be remedied by re-grading the ditch and constructing a berm to prevent water from leaving the intended drainage path. City Engineer Eckles stated there are two options to solve the problem of the low point in the trail. The first would be to remove the current trail and instalI a new trail at an estimated cost of $9000. The second option would be to regrade the backyard of 1034 Gilbert Court and follow the same design as the original grading plan at an estimated cost of $3400. It is proposed to meet with the four parties involved: the City, Lily Lake School, and the two affected homeowners adjacent to the trail to select an option to correct the problem. Mr. Gruber, the resident at 1034 Gilbert Court, stated the problems were there before he moved to the location. He elevated his yard to protect it from all the water that comes from the school. City Attorney Magnuson stated the property owner had knowingly regraded the lot in direct violation of the grading plan. The City could get an injunction against the homeowner to return the property to the original grading plan. 5 City Council Meeting No. 99-10 May 18,1999 r Mr. Gruber stated he was willing to work with the City to get the drainage problem corrected. Motion by Councilmember Thole, seconded by Councilmember Cummings directing City Engineer Eckles to work with resident of 1034 Gilbert Court and ISD 834 to correct the drainage problems with the understanding the property owner will return the property grading at 1034 Gilbert Court to the original grading plan. All in favor. 2. Addendum to development agreements for Legends and Liberty, Phase II. City Attorney Magnuson presented an addendum to the agreements for the Liberty and Legends developments. The original agreements included conditions and restrictions for all phases. The addendum is necessary to approve, authorize, and continue the installation of public utilities into the Phase II area. This brief addendum adds additional security for the second phase. Issues addressed include engineer approval for utilities and road construction; conveyance to City of outlots, park and roadway dedications, utility, conservation or trail easements; and submission of landscape plans. Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution 99-133 approving Addendum Number One to development agreement with Contractor Property Developers Company relating to Liberty on Long Lake. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays: None. r Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution 99-134 approving Addendum Number One to development agreement with Legends of Stillwater Limited Partnership relating to Legends of Stillwater. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays: None: 3. Possible first reading of ordinance amending the Traditional Residential District regulations allowing accessory residential units, ZA T -99-2. Community Development Director Russell presented an amendment which would provide regulation of accessory residential units related to location, parking requirements, location of dormers, and site alteration. Examples of accessory unit uses are offices over garages and mother-in-law or student apartments. Motion by Councilmember Cummings, seconded by Councilmember Thole to have the first reading of the ordinance amending the Traditional Residential District regulations allowing accessory residential units, ZAT-99-2. All in favor. 4. Response to Washington County proposal for Co Rd 15/12 improvements. (". City Engineer Eckles presented a proposed response letter to Washington County regarding the County proposal for intersection improvements at County Road 15 and County Road 12. The issues addressed included the proposed cost sharing between different communities, participation in the Trout Stream Mitigation project, coordination with the City on future utility projects for 6 City Council Meeting No. 99-10 May 18,1999 r the annexation area, and comments concerning the County's proposed linear trail system. Washington County wilI hold a workshop on this issue in June or July. Motion by Councilmember Cummings, seconded by Councilmember Thole approving the staff response to Washington County's request for comments on the proposed County Road 15 and County Road 12 intersection improvements and directing staff to forward the comments to the Washington County Transportation Office. All in favor. Councilmember Bealka arrived at 8:05 p.m. 5. City comments on proposed new St. Croix bridge mitigation plan. Community Development Director Russell reported a meeting was held May 3, 1999, with various agencies with permit authority or interest in the project in attendance. A follow-up workshop was held May 12th. Participants were invited to comment on the plan. City comments to the proposed mitigation plan included requests for mitigation for the direct and indirect impacts of the new bridge on the Aiple property park. The park should be developed according to the Master Plan. A wayside/visitor information center would compensate for the City-owned Terra Terminal building as called for in the mitigation plan. r He stated the City in no way supports the removal of the Historic Lift Bridge. However, if a portion or eventually all of the bridge is removed and pedestrian and auto access to Kolliner Park is cut off, the loss of access mitigation should be the purchase of Kolliner Park from the City. The property could be turned over to afederal or state agency to allow it to ''revert to a more natural state" as called for by the mitigation plan. Motion by Councilmember Thole, seconded by Councilmember Cummings affirming staff comments on proposed new St. Croix Bridge Mitigation Plan and authorizing submission of comments to Adam Josephson, Project Manager, new St. Croix River Crossing. All in favor. 6. Update on DNR trout stream realignment project. City Engineer Eckles presented a revised cost estimate for the DNR Trout Stream Realignment. The estimate of $650,000 includes 10% contingencies and DNR engineering costs. This is approximately $250,000 more than the original estimate The increase is a result of the design review showing a significant savings to the City if the future diversion pipe that is to pass through the golf course is installed at the same time as the realignment project. This would also minimize major disruption of the golf course in the future. The DNR has a maximum contribution of $300,000; the City must pay all costs above $300,000. The previous estimate of the City's contribution was $100,000. The City contribution could now be approximately $350,000. The work included in this project would eventually need to be constructed by the City, so the only real issue is the timing of the expenditure. Several developments will be required to make contributions to the City Trout Stream Mitigation Plan, r so it is likely the city will have much of the monies at the time the payments are due. City Engineer Eckles stated proceeding with the project will ensure $300,000 ofDNR participation and reduce future costs in golf course disturbance. 7 City Council Meeting No. 99-10 May 18,1999 r Motion by Councilmember Thole, seconded by Councilmember ZolIer to adopt Resolution 99-135 supporting the concept of City technical and financial support for the DNR Brown's Creek Stream Realignment Project and authorizing City Attorney to draft agreement. Ayes: Councilmember Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays: None. Recessed at 8:35 p.m. and reconvened at 8:45 p.m. 7. Possible second reading of ordinance regulating adult entertainment businesses. (first reading May 4, 1999) Magnuson presented proposed Findings and Conclusions related to the impact of adult entertainment uses on adjacent areas. A public hearing was held May 4, 1999. Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt Resolution 99-136 approving the Findings and Conclusions related to the Adult Entertainment Study. Ayes: Councilmember Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays: None. Motion by Councilmember Thole, seconded by Councilmember Bealka to have a second reading of the Ordinance No. 870 regulating adult entertainment businesses. r Ayes: Councilmember Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays: None. COMMUNlCATIONSIREOUESTS 1. James McKnight - notice ofterm expiration on Water Board. A letter was received from James McKnight, Secretary/Manager of the Board of Water stating Gary Funke's term on the Board will expire on June 30, 1999. Mr. Funke has expressed his willingness to again serve on the Board. The Commissioners request his reappointment. As required by the City Charter, the vacancy must be advertised in the City's legal newspaper (Stillwater Gazette) 30 days before appointment. The vacancy will be advertised May 26 with possible appointment at the July 6 meeting. Motion by Councilmember Thole, seconded by Councilmember Cummings directing the City Clerk to advertise the vacancy on the Water Board. All in favor. 2. Julie Bennett, StilIwater Good Samaritan Center - grant proposal. A letter was received from Ms. Bennett requesting a $1000 grant from the City for completing r the garden/patio project for the residents of Stillwater Good Samaritan. Council determined this request was not an appropriate use of City funds and inconsistent with the type of funding provided by the City. 8 , City Council Meeting No. 99-10 May 18,1999 r Motion by Councilmember Cummings, seconded by Councilmember Thole to deny the request of Stillwater Good Samaritan Center for funding to complete a garden/patio area for residents. All in favor. 3. Stillwater Fanners Market Relocation Committee - request to use Riverview parking lot A letter was received from Wendy Kloek and Tom Baatz, members of the Stillwater Fanners Market. The present location of the fanners market is in the U.S. Bank parking lot on Myrtle Street. The market is open 7:30 a.m. to 11 :30 a.m., from the second week in June until the end of October. The market has outgrown the space. They are requesting City approval to hold the market in the Riverview Parking Lot at 3rd and Pine Streets. City Coordinator Kriesel reported staff considered the fanners market a reasonable use of the parking lot. Zoller requested neighbors and CUB offices be notified for comment and the issue brought back to Council at the June 1st meeting. Motion by Councilmember Zoller, seconded by Councilmember Bealka continuing the request from the Stillwater Fanners Market Relocation Committee for use of the Riverview Parking Lot to allow for the notification and comments of neighbors and CUB Foods. All in favor. 4. D. Paul Jennings, Jennings State Bank - request to designate a portion of Northwestern Avenue as no parking. r A letter was received from Mr. Jennings stating there is a potential hazard regarding the exit of the bank parking lot and drive-up facility to Northwestern Avenue due to cars parked along the west side of Northwest em Avenue. He requested the area be posted as no parking on their side of the street. Motion by Councilmember Bea1ka, seconded by Councilmember Thole referring the request from the Jennings State Bank for designation of a portion of Northwest em Avenue as no parking to Police Chief Dauffenbach and Community Development Director Russell. All in favor. REPORTS (continued) Community Development Director Russell presented a request from Tires Plus to hold a 10 day tent sale during the Memorial Day holiday. Motion by Councilmember Cummings, seconded by Councilmember Thole approving the request of Tires Plus for a 10-day tent sale. All in favor. Community Development Director Russell reported the downtown pay parking program began Friday, May 14th. The UBC lot improvement is expected to be completed by June 1st. Community Development Director Russell also reported Connie Adams has resigned from the Downtown Parking Commission. The vacancy will be advertised as required by the City Charter. r City Coordinator Kriesel presented a memo from Chantell Kadin, Administrative Assistant, requesting Council set a workshop with Waste Management for July 6, 1999, at 4:30, to discuss renewal of the solid waste contract. A public hearing would then be set for July 20. 9 r r r ,., ,.t City Council Meeting No. 99-10 Mayi 61999 Councilmember Cummings questioned if the contract can be put out for bid. City Attorney Magnuson stated the current contract has a renewal option which is performance based. The option provides for two three-year renewals. Therefore, a workshop is recommended. Motion by Councilmember Thole, seconded by Councilmember Bealka setting a workshop with Waste Management for July 6, 1999, at 4:30 p.m. to discuss the solid waste contract renewal. All in favor. ADJOURNMENT Motion by Councilmember Thole, seconded by Councilmember Bealka to adjourn to executive session to discuss a labor relations issue at 9:05 p.m. All in favor. Attest: -D:i.: a: (-,), fltj.ffV'o. City Clerk ~~ Resolution 99-131 ordering a feasibility study for the instalIation of decorative lighting in the downtown area. Resolution 99-132 approving right of entry and waiver of trespass agreement with the Dock Cafe Corporation for erosion control project and authorizing the execution of the agreement. Resolution 99-133 approving Addendum Number One to development agreement with Contractor Property Developers Company relating to Liberty on Long Lake. Resolution 99-134 approving Addendum Number One to development agreement with Legends of StilIwater Limited Partnership relating to Legends of Stillwater. Resolution 99-135 supporting the concept of City technical and financial support for the DNR Brown's Creek Stream Realignment Project and authorizing City Attorney to draft agreement. Resolution 99-136 approving the Findings and Conclusions related to the Adult Entertainment Study. Resolution 99-137 annexing land to the City of Stillwater pursuant to the joint resolution of the City and Town of Stillwater as to orderly annexation and directing City Attorney to file petition with the Municipal Board. Ordinance No. 870 regulating adult entertainment businesses. 10 RECORD OF EXECUTIVE SESSION Date convened Tuesday, May 18, 1999 Time convened 9:50p,m. Time adjourned, 10:07 p.m. Members present: Mayor Kimble, Councilrnembers Bealka. Cummings, Thole and Zoller Members absent: None Also present: City Coordinator Kriesel, City Attorney Magnuson and Fire Chief Kallestad Purpose of Executive Session, To discuss labor relations matter regarding petition for unit certification of Part-time Firefighters. Motion by Councilmember Thole, seconded by Councilrnember Zoller to direct City Coordinator to resolve issues related to petition for unit certification ot Part-time Firefighters. All in favor. Motion by Councilmember Thole, seconded by Councilmember Cummings to adjourn at 10:07 P,M. All in favor. d~~ YO' Attest: 7~tLi.fi~'dA-<fJ. ityCoordmator