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HomeMy WebLinkAbout1999-09-21 CC MIN r CITY OF STILLWATER CITY COUNCIL MEETING NO. 99-21 September 21,1999 REGULAR MEETING 7:00 P.M. The meeting was called to order by Mayor Kimble. Present: Councilrnembers Bealka, Cummings, Zoller, Thole and Mayor Kimble Also present: City Coordinator Kriesel City Attorney Magnuson City Engineer Eckles Community Development Director Russell Civil Engineer Sanders Administration Secretary Holman Press: Julie Kink, Courier Mark Brouwer, Gazette APPROVAL OF MINUTES Motion by Councilrnember Bealka, seconded by Councilmember Thole to approve the minutes of September 7, 1999, Regular and Recessed Meetings and September 8, 1999, Special Meeting. r PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS 1. Commending David "Choc" Junker for over 13 years of service. Mayor Kimble read a plaque commending David "Choc" Junker for over 13 years of service to the City of Stillwater. Motion by Councilrnember Thole, seconded by Councilrnember Cummings adopting Resolution 99-264 commending David "Choc" Junker for over 13 years of service to the City of Stillwater. Ayes: Councilrnembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None STAFF REPORTS City Coordinator Kriesel stated that Police Chief Dauffenbach received a request to put "no parking" signs on Autumn Way. Chief Dauffenbach has monitored the situation for over four weeks, consulted with the city engineer and is recommending that the City not place "no parking" signs on Autumn Way. CONSENT AGENDA \' Motion by Councilrnember Thole, seconded Councilmember Bealka approving the consent agenda. All in favor. 1. Resolution 99-260: Directing Payment of Bills 2. Temporary on-sale liquor license - City of Stillwater Chamber of Commerce, Fall Colors Fine Art & Jazz Festival, October 2-3, 1999 r r r City Council Meeting 99-21 September 21, 1999 3. Commending Diane Ward for over 3 years of service 4. Resolution 99-261: Employment of Laura Phan as Senior Account Clerk 5. Purchase of updated of equipment in investigative unit and garage - Police Dept. 7. Authorization to begin recruitment process for Secretary- EngineeringlPublic Works Dept. 8. Resolution 99-262: Appointing Tim Thomsen as temporary Acting Public Works Director and authorizing staff to begin recruitment process for Public Works Director 9. U.S. Bench Corp. - Request for license renewal. 10. Replacement of sidewalk at Lowell Park restroom entry ways 11. Agreement with Bailey Construction for concrete and flag pole removal and landscaping at Lily Lake Beach 12. Resolution 99-263: Vacating existing drainage and utility easement, Lot 10, Block 2, Legends 2nd Addition 13. Application for Exempt Permit - Church ofSt. Michael, Bingo, Nov. 13,1999 14. Hang banner on Chestnut Street, Sept. 22-Nov. 1,1999 United Way Campaign 15. Hang banner on Main Street at Olive St., Oct. 4-0ct. 18, 1999 St. Croix Antiquarian Booksellers Book Fair PUBLIC HEARINGS 1. This is the day and time for the public hearing to pass upon the proposed assessment for Downtown Decorative Street Lights, Project No. 9821. The following is the area proposed to be assessed: along Main Street from 200 feet south of Nelson Street to Mulberry Street, and along Chestnut Street between Main Street and the St. Croix River. The improvement consists of: installation of Decorative Street Lights. The total amount of the proposed assessment is $213,788.85. Notice of the hearing was published in the Stillwater Gazette on Sept. 3, 1999 and notices mailed to affected property owners. City Engineer Eckles stated that the total estimated cost of the project is $250,312.15. The amount proposed to be received from special assessments is $196,110.11. The remaining $54,202.04 will be paid for by the City. The assessment rate is $61.78 per front foot. Four letters of objection have been received. The nature of these objections is a protest against the method of spreading the assessment and challenges as to the increase in market value. The method used for the assessment was to charge based on the front foot bordering the project. Properties outside the project area were not included in the assessment roll. The Mayor opened the public hearing. Karl Ranum, representing Ruth Ranum (owner of parcel 2803020410095) presented his objection. He stated that no benefit is derived from or accorded to the property as a result of these proposed improvements and that the property assessed amount is unfair, unreasonable and arbitrary. That the nature of the proposed improvements provides an aesthetic benefit enjoyed by all members of the community as such, the cost of these improvements should be borne equally by all residents of the City of Stillwater. Linda Hinz, owner of parcel 2803020410057, stated that she felt that the cost of the improvement should be assessed to all downtown business owners not just the those who own the property in the area where the lights are being installed. She felt that all downtown business owners would benefit from these improvements and therefore share the cost. 2 City Council Meeting 99-21 September 21, 1999 r Sandy Hudson, representing parcels 2803020410014 and 2803020410016, stated that she felt the assessment was unfair. It is a benefit to all downtown business owners and should be assessed to all downtown business owners. She felt that the improvements did not improve her property by the amount being assessed. Dr. Gabi Sabongi, representing parcels 2803020410052 and 2803020410008, stated that the lighting project will enhance and benefit the whole of the downtown area and increase business throughout the area and should therefore be assessed to all downtown businesses. He felt it was unfair and illegal to assess only those businesses that have footage where the lighting is being installed. The Mayor closed the public hearing. Mayor Kimble stated that this is a problem that is not simply solved. However, it is a project that was brought to the council by the downtown business owners and has already been approved by council. He asked Ray Kirchner, the City's appraiser, to offer his opinion on the project. Mr. Kirchner stated that many improvements that businesses do are aesthetic, however, anything you do to make the downtown area more appealing will benefit the businesses. r Councilrnember Thole stated that the decision to make these improvements has already been made. The purpose of this public hearing was to decide how to pay for them. He asked City Attorney Magnuson what would be involved if the project was expanded. Mr. Magnuson stated that we cannot expand the project to include business owners who were not notified of the original hearing. He stated that we could adopt the assessment roll, adjourn the hearings and do appraisals for all properties, or adopt the assessment with the exception ofthose who are obj ecting and address those parcels at a future date. Motion by Councilrnember Thole, seconded by Councilrnember Cummings approving Resolution 99- 265 adopting assessment for downtown decorative street lights with the exception of parcels 2803020410008,2803020410014,2803020410016,28030204110052,2803020410064, 2803020410095,2803020410057 and 2803020410039. Ayes: Councilrnembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 2. This is the day and time for the public hearing to pass upon the proposed assessment for 1999 Street Improvements, Project No. 9902. The following is the area proposed to be assessed: Properties abutting Fifth, Sixth and Seventh Streets between Willard and Hancock Streets. The improvement consists of: Streets and Appurtenances, Water Service and Driveway. The total amount of the proposed assessment is 331,333.72. Notice of the hearing was published in the Stillwater Gazette on Sept. 3, 1999 and notices mailed to affected property owners. (' Civil Engineer Sanders stated that the Fifth, Sixth, and Seventh Street Rehabilitation Project is substantially completed. The estimated cost was $810,248.00. The actual total project cost amounted to $559,813.02 (including engineering, administration and construction). The assessable cost is $310,948.72 and the City's share is $249,064.30. The assessment period would be for 10 years at an interest rate of seven percent. The Mayor opened the public hearing. 3 City Council Meeting 99-21 September 21, 1999 (" Bill Knoff, 713 So. 5th St., stated that he felt that he should not have to pay for a new driveway apron when the one that he had before they did the repairs was fine. He also stated that the sidewalk was poured too low and needs to be fixed to his satisfaction. Steven Root, 802 6th St. So., stated that there is a water pipe sticking up out of his yard and that new sod needs to be laid to replace what was ripped up. The Mayor closed the public hearing. Councilrnember Thole asked Civil Engineer Sanders if the sidewalk, water pipe and yard would be repaired before the project was completed. Mr. Sanders stated that all repairs are scheduled to be completed. Motion by Councilrnember Thole, seconded by Councilrnember Cummings approving Resolution 99- 266 adopting the assessment for the 1999 street improvements with the reduction of the assessment to parcel 3303020120022 in the amount of$320.00. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None r UNFINISHED BUSINESS 1. Resolution annexing land to the City of Stillwater (Tbron and McKenzie properties) City Attorney Magnuson stated that this annexation is part of Phase IV of the Orderly Annexation Agreement and that the land is included in the area designed for orderly annexation. Councilrnember Zoller stated that this annexation was brought before the Joint Board and they had no objections. Motion by Councilrnember Thole, seconded by Councilrnember Zoller adopting Resolution 99-267 annexing land to the City of Stillwater pursuant to the joint resolution of the City and Town of Stillwater as to the orderly annexation. Ayes: Councilrnembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 2. Possible second reading of ordinance to prohibit graffiti (first reading 8/17/99) {' City Attorney Magnuson stated that this ordinance is modeled after the graffiti ordinance that the City of St. Paul has adopted. He also stated that a reward program for information regarding graffiti could be enacted by resolution. Councilrnember Thole suggested that we amend our Municipal Court to include nuisance code violations. Councilrnember Zoller suggested that the Council examine that possibility at a later date. City Attorney Magnuson also stated that the provision requiring property owners to remove the graffiti within a certain period oftime was already covered in the nuisance ordinance. 4 City Council Meeting 99-21 September 21, 1999 r Motion by Councilrnember Cummings, seconded by Councilrnember Thole to have a second reading of Ordinance 880, amending Stillwater City Code by Adding provisions to Prohibit Graffiti. Ayes: Councilrnembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 3. Implementation of Market Place Surface Water Management Study a) Agreement with Holiday Inn for easement vacation City Engineer Eckles presented the agreement with Keziah Properties, LLC to construct and restore a pond and necessary pipes and appurtenances according to the plans and specifications of the City on their property. Keziah has also agreed to dedicate a new storm water easement to the City. The City in turn will pay the sum of $24,000 for extraordinary grading costs associated with this work. Motion by Councilrnember Bealka, seconded by Councilrnember Zoller adopting Resolution 99-268 approving agreement with Keziah Properties, LLC to construct and restore a pond and necessary pipes and appurtenances at lots 2 and 8, block one, Stillwater Industrial Park and to dedicate a storm water easement to the City. r Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None b) Approval ofresubdivision combining Lot 2 and Lot 8, Block I Stillwater Industrial Park, 2nd Addition, SUB/99-40 and vacation of the old utility easement. Community Development Director Russell stated that the Holiday Inn Express development has been approved for a two lot site on Washington Avenue. The development is located on two originally platted lots that need to be combined to remove an old common lot line and utility easements. Motion by Councilrnember Thole, seconded by Councilrnember Zoller adopting Resolution 99-269 approving the subdivision of Lots 2 and 8, Block 1 Stillwater Industrial Park, 2nd Division into one lot and vacation of old utility easement. Ayes: Councilrnembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None c) Right of entry agreement with Central Bank r City Attorney Magnuson stated that this agreement is needed to construct an enlargement of a storm water pond located partially upon Central Bank property. Motion by Councilrnember Thole, seconded by Councilrnember Zoller adopting Resolution 99-270 approving the right of entry agreement with Central Bank for enlargement of a storm water pond. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble 5 r r (' City Council Meeting 99-21 September 21, 1999 Nays: None 4. Final plat approval, Phase III, Legends of Stillwater, Pemtom Land Company, Dan Herbst, applicant. Community Development Director Russell explained that an overall grading/drainage and utility plan has been reviewed and approved. There are two parks being dedicated as part of this addition. Concrete pedestrian street crossings will be installed when the final lift of blacktop is laid. The developer will also be working with the engineer on the parking lot, pathway and surfacing improvements. Planting around wetlands and ponds shall be planted with native plants suited to the environment. Administrative design review is required on alllakeshore lots and Staples Place lots. All dedications and easements will be viewed before final plat recording and development agreement amendment Motion by Councilrnember Thole, seconded by Councilrnember Cummings adopting Resolution 99-271 approving final plat for Legends of Stillwater 3'd Addition, as conditioned. Ayes: Councilrnembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 5. Consideration ofform oflease agreement with Max Todo and approval oflanguage for publication of charter notice. City Attorney Magnuson stated that the City is proposing to lease the barge entitled the "Frank E" and the vessel known as the "Cayuga" to Max Todo Marine Service, Inc. for a three year period and two one-year extension periods. Max Todo will perform repairs to the Cayuga and will move the barge to Lowell Park for the LumbeIjack Days Celebration. All other requirements as laid out in the agreement will be met. Mr. Magnuson also stated that he needs to add language regarding the insurance requirement provision and regarding permission to move the property. Mr. Magnuson also stated that the City will need to publish a notice of property proposed for lease by the city in the legal newspaper. Motion by Councilrnember Thole, seconded by Councilrnember Bealka adopting Resolution 99-272 approving the lease agreement with Max Todo Marine Service, Inc. for lease of the barge entitled the "Frank E" and the vessel known as the "Cayuga" and approving publication of the notice of property proposed for lease. Ayes: Councilrnembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 6. Right of Entry agreement with Jim Bradshaw. Mayor Kimble stated that Jim Bradshaw would be willing to sign the right of entry agreement for the extension of Curve Crest Boulevard onto his property if the City would give him the following assurances: a) the City would be flexible on 5 acre zoning, b) that the City would consider more state aid funds for future extension of Curve Crest (Frontage Rd.), and c) the he is given some credit against park dedication. 6 City Council Meeting 99-21 September 21, 1999 r Community Development Director.Russell stated that it would be a dangerous precedent to negotiate zoning requirements for right of entry. City Engineer Eckles also stated that the Council should not feel extremely pressured to make a decision right now. The worst thing that would happen is that we delete this portion of the project. Mayor Kimble stated that the City is only assuring Bradshaw that they will consider the conditions and the City is not committing to anything. Motion by Councilrnember Thole, seconded by Councilrnember Bealka adopting Resolution 99-273 approving right of entry agreement with Jim Bradshaw. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None NEW BUSINESS 1. Possible appointment to Planning Commission r Mayor Kimble stated that applications have been received from John Hileman, Brian Zeller, Karl Ranum and Tim Casey for the vacancy on the Planning Commission due to the resignation of Holly Owens. Councilrnember Zoller nominated Karl Ranum for the vacancy. Motion by Councilrnember Zoller, seconded by Councilrnember Thole adopting Resolution 99-274 appointing Karl Ranum to the Planning Commission. Ayes: Councilrnembers Bealka, Thole, Zoller and Mayor Kimble Nays: Councilrnember Cummings 2. Possible first reading of an ordinance extending the moratorium on granting of building permits on North Hill (expires Oct. 1) City Attorney Magnuson stated that due to budget constraints the City has not been able to complete the feasibility study for the development of North Hill, and therefore, it is necessary to extend the moratorium for a period of eighteen months from October 1, 1999. Motion by Councilrnember Cummings, seconded by Councilrnember Zoller approving the first reading of the ordinance extending the moratorium on granting of building permits on North Hill. All in favor. 3. Request for assistance from Washington County Regional Rail Authority r City Engineer Eckles stated that as part of the planning and design process for the new Stillwater Bridge, staff has been working to preserve the railroad right-of-way that serves downtown Stillwater. However, since that section ofline is currently not used and is not in a condition that it could be used, there some complicated legal issues concerning the maintenance and preservation of that right- of-way. Mn/DOT has indicated that there would be a stronger legal basis for preserving the railroad corridor ifthe Regional Rail Authority makes the request. 7 City Council Meeting 99-21 September 21, 1999 r Motion by Councilrnember Thole, seconded by Councilrnember Bealka directing staff to send a letter to the Washington County Regional Rail Authority requesting that the downtown railroad corridor be preserved. All in favor. 4. Accepting bids and awarding contract for Lily Lake Water Quality Improvements, Project 9613 Civil Engineer Sanders stated that five bids for the Lily Lake Water Quality Improvements were received. M.J. Raleigh Trucking, Inc. was the low bidder on the project. The City was satisfied with the performance of this firm's work. MJ. Raleigh Trucking, Inc. has indicated that they could start the work in two weeks. Motion by Councilrnember Bealka, seconded by Councilrnember Thole adopting Resolution 99-275 accepting bid and awarding contract for Lily Lake Water Quality Improvements to MJ. Raleigh Trucking, Inc. Ayes: Councilrnembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None r 5. Recommendations from Heritage Preservation Commission a) elimination of advertising on pop vending machines b) designating areas for newspaper vending stands No information was available on this item. Motion by Councilrnember Thole, seconded by Councilrnember Zoller tabling the recommendation from Heritage Preservation Commission regarding pop vending machines and newspaper vending stands until further information is available. All in favor. 6. Set date for public hearing for possible increase in liquor license fees Mayor Kimble stated an increase in liquor license fees payable for January 2000 would be unfair. Staff needs to work with the liquor license holders to come up with options for the increase that would then be payable January 200 I. Motion by Councilrnember Thole, seconded by Councilrnember Cummings directing staff to work with liquor license holders in the next month to determine options for liquor license fee increases that would be payable January 2001 and present them to Council in the first quarter of2000. All in favor. 7. Request from State Fire Marshal for Council recommendation on request from Stillwater Jr. High School for time extension to the Fire Marshal Orders r City Coordinator Kriesel stated that Fire ChiefKallestad is requesting an approval of the request for a time extension to the State Fire Marshall's corrective orders at Stillwater Jr. High School. The School District has completed 61 of the 62 orders issued originally on 4/10/96. The outstanding item is upgrading or replacing existing railings on the stage stairs and auditorium catwalks and staff is working diligently to upgrade the safety of the railings. 8 r City Council Meeting 99-21 September 21, 1999 Motion by Councilrnember Thole, seconded by Councilrnember Bealka adopting Resolution 99-276 approving request for time extension to State Fire Marshall's corrective orders at Stillwater Jr. High School. Ayes: Councilrnembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None COUNCIL REOUEST ITEMS Councilrnember Cummings asked staff to look at the ravine by Dr. Palmer's House. City Engineer Eckles stated that his department will be looking into this once the leaves have fallen; this will allow a better view of the area. Councilrnember Zoller asked if there was anything that can be done to a developer who is performing substandard work. City Attorney Magnuson stated that he is aware of the problem and has sent a letter to all three building inspectors asking that them to inspect the work and to withhold future building permits unless it is corrected. Councilrnember Bealka asked staff if they could look into the parking problem at Olive Street "between 3'd and 4th Street and bring recommendations to Council. r ADJOURNMENT r Motion by Councilrnember Thole, seconded by Councilrnember Cummings to adjourn to executive ~~;oo to '".'"~ <"""""""'tioo pro<_ md "",,"ng litig,,~~;:; Attest: 11JaJ.'~~ t" 1 Clerk 9 r r r City Council Meeting 99-21 September 21, 1999 Resolution 99-260: Directing Payment of Bills Resolution 99-261: Employment of Laura Phan as Senior Account Clerk Resolution 99-262: Appointing Tim Thomsen as temporary Acting Public Works Director and authorizing staff to begin recruitment process for Public Works Director Resolution 99-263: Vacating existing drainage and utility easement, Lot 10, Block 2, Legends 2nd Addition Resolution 99-264: commending David "Choc" Junker for over 13 years of service to the City of Stillwater. Resolution 99-265: adopting assessment for downtown decorative street lights with the exception of parcels2803020410008,28030204l00l4,28030204100l6,28030204110052,2803020410064, 2803020410095,2803020410057 and 2803020410039. Resolution 99-266: adopting the assessment for the 1999 street improvements with the reduction of the assessment to parcel 3303020120022 in the amount of $320.00. Resolution 99-267: annexing land to the City of Stillwater pursuant to the joint resolution of the City and Town of Stillwater as to the orderly annexation. Resolution 99-268: approving agreement with Keziah Properties, LLC to construct and restore a pond and necessary pipes and appurtenances and to dedicate a storm water easement to the City. Resolution 99-269: approving the subdivision of Lots 2 and 8, Block 1 Stillwater Industrial Park, 2nd Division into one lot and vacation of old utility easement. Resolution 99-270: approving the right of entry agreement with Central Bank for enlargement of a storm water pond. Resolution 99-271: approving final plat for Legends of Stillwater 3rd Addition with conditions. Resolution 99-272: approving the lease agreement with Max Todo Marine Service, Inc. for lease of the barge entitled the "Frank A" and the vessel known as the "Cayuga" and approving publication of the notice of property proposed for lease. Resolution 99-273: approving right of entry agreement with Jim Bradshaw. Resolution 99-274: appointing Karl Ranum to the Planning Commission. Resolution 99-275: accepting bid and awarding contract for Lily Lake Water Quality Improvements to MJ. Raleigh Trucking, Inc. Resolution 99-276: approving request for time extension to State Fire Marshall's corrective orders at Stillwater Jr. High School. 10 RECORD OF EXECUTIVE SESSION Date convened: Tuesday, September 21, 1999 Time convened: 9:40p.m Time adjourned: 9:06p.m. Members present Mayor Kimble, Councilmembers: Bealka. Cummings, Thole and Zoller Membersabsenl: None Also present: City Coordinator Kriesel and City Attorney Ma9nuson Purpose of Executive Session To discuss litigation related 10 North 2'" Street storm water improvements and possible settlement of Oak Glen financing guarantee issue Litiaation related to North Second Street storm water improvements. Motion by Councilmember Thole. seconded by Councilmember Cummings, to direct City Attorney to negotiate settlement as discussed All in favor. Oak Glen development financinq quarantee. Issue discussed. No action taken. Adjournment Motion by Councilmember Thole, seconded by Councilmember Bealka to adjourn at 9:06 P M. All in favor. ~~ ayor Attest: . '~~~dl~ti(~ ~. X