HomeMy WebLinkAbout1999-10-19 CC MIN
CITY OF STILL WATER
CITY COUNCIL MEETING NO. 99-23
October 19, 1999
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REGULAR MEETING
7:00 P.M.
The meeting was called to order by Mayor Kimble
Present:
Absent:
Councilmember Bealka, Thole, Zoller and Mayor Kimble
Councilmember Cummings
Also present:
City Coordinator Kriesel
City Attorney Magnuson
Police ChiefDauffenbach
City Engineer Eckles
Fire Chief Kallestad
Building Official Zepper
Civil Engineer Sanders
City Clerk Weldon
Press:
Julie Kink, Courier
APPROVAL OF MINUTES
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Motion by Councilrnember Thole, seconded by Councilmember Bealka to approve the minutes of
October 5,1999, Regular and Recessed Meetings and September 21st and October 5,1999, Executive
Sessions. All in favor.
PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS
1. Mary Peroceschi - Human Rights Commission.
Mary Peroceschi, Human Rights Commission, and Peggy Perry, Chair, addressed Council on the
need for a pathway on Curve Crest Boulevard. Ms. Perry read a letter from the director of Courage
St. Croix supporting the need for a pathway.
Annette Tryon, Human Rights Commission, addressed Council on the issue of building accessibility
for the disabled. She requested the formation of a task force to increase access to public and
commercial buildings. Council and staff explained action must be voluntary on the part of the
business owner. The Council is not able to enforce ADA requirements. We are able to enforce
Minnesota laws only. ADA violations must be addressed at the federal level. Ms. Tryon agreed
Minnesota building laws are being followed; she would like an ADA expert to review access in the
City.
Councilrnember Zoller stated he understood Courage Center was informed they could build the
sidewalk; however, no response has been received. City Coordinator Kriesel also stated he
understood Courage Center had been contacted.
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Motion by Councilrnember Thole, seconded by Councilrnember Bealka to direct staff to investigate
options for the installation of a sidewalk or pathway on Curve Crest Boulevard. All in favor.
City Council Meeting 99-23
October 19,1999
CONSENT AGENDA
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Motion by Councilmember Thole, seconded by Councilrnember Bealka to approve the Consent Agenda.
All in favor.
1. Resolution 99-295: Payment of bills
2. Purchase of computer - Police Dept.
3. Resolution 99-296: Approving hospital/medical insurance rates, effective 1/1/2000
4. Resolution 99-297: Promotion Thomas Crotty to part-time on-call ftre captain
5. Approval of position description for part-time on-call fire captain
6. Purchase of skid loader - Parks Dept.
7. Resolution 99-298: Permanent employment of Ryan Smith as Engineering Technician 11
8. Resolution 99-299: Permanent employment of John Buckley as Assistant Building Inspector
9. Resolution 99-300: Agreement with Equipment Supply Inc. for boilerlHV AC maintenance-
Library
10. Resolution 99-301: Agreement with Johnson Controls, Inc., for HV AC maintenance - City Hall
11. Hang banners at Olive St. & Chestnut St. - American Education Week, Oct. 29-Nov. 22
12. Purchase of workstation-Building Dept
13. Resolution 99-302: Agreement to modify easement - Lot 7, Block 4, Liberty on the Lake
PUBLIC HEARINGS
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I. Lily Lake Water Quality Improvements, Project 9613, L.I. 340. This is the day and time for the
public hearing to consider the proposed assessment for Project No. 9613, L.1. 340. The
following is the area proposed to be assessed: Properties West of South Harriet Street; South of
West Myrtle; East of Maryknoll Drive; North of Orleans Street. The improvement consists of
Storm Water Improvements. The total amount of the proposed assessment is $237,603.66. Notice
of the hearing was published in the Stillwater Gazette on October I, 1999 and notices mailed to
affected property owners.
Civil Engineer Sanders presented a summary of the project. He stated this is the first of multi-phases
to improve the water quality of Lily Lake. This phase consists of constructing a small detention
pond on the north side of Lily Lake and installing storm sewer pipe in the West Lake Street Ravine.
The total cost is $252,822. It is proposed to assess the contributing area in the drainage district at a
rate of$.045 per square foot. The 113.50 acre net assessable area would generate $222,561 in
assessments. The remaining costs would be paid from the Storm Water Utility, State Aid Funding
and a cost share grant from the Board of Water and Soil Resources (BWSR).
Prior to the meeting, letters of objection were received from John and Patricia Reinke, 1902 W.
Olive; Lorraine and Enno Buoma, 408 S. Owens; John Evert, 550 S. Grove St.; Richard and Jaclyn
Ulrich, 612 Lake Drive; Richard Larson, 1904 Oak Street West; and Glenn Thompson, 1919 W. Oak
Street. A letter of objection from Charles Heitmiller and Gayle Monson for Parcel 2903020440045
was received at the hearing.
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Staff recommends Council consider the assessment for property owners in the drainage district and
adopt the attached assessment roll as submitted
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City Council Meeting 99-23
October 19, 1999
r The Mayor opened the public hearing.
Lloyd Zieske, 1404 W. Olive Street, stated he is holding a contract for deed on 1412 West Olive and
therefore has a vested interest in the assessment. The cost is too high. In addition, the property
drains to the rear, not toward Lily Lake. Staff will check on the drainage pattern and determine ifit
contributes to the drainage area.
Don Junker, 1717 West Pine, questioned why 300 residents were being assessed when Lily Lake
benefits the entire community. Councilrnember Thole stated that for projects throughout the City,
the properties contributing runoff to the drainage area are assessed for a portion of the project.
Jacklyn Ulrich, 612 Lake Drive, questioned when construction will begin, if dredging is included in
the cost, how maintenance will be paid, and if there will be a mosquito and disease problem from
standing water in the detention pond. She also requested local retailers be notified of the type of
fertilizer required by the new City ordinance. Civil Engineer Sanders responded construction is
expected to start within 10 days, with a completion date of December 31 st. Dredging will be done
where pipes enter. Maintenance will not be assessed; funding will come from maintenance funds.
The detention pond is pumped out after each storm. Mr. Kriesel stated local merchants have been
notified ofthe fertilizer requirements.
Jack Evert, 550 S. Grove St., stated he had submitted a letter of objection based on the calculation of
his assessment on property that is under water. He reevaluated the calculations and now believes the
r assessment is realistic and fair. He is pleased the project is proceeding.
John Heitrniller, 464 Hillsboro, New Hope, spoke on behalf of his sister, Gayle Monson. The
assessment is for property (parcel 2903020440045) currently in probate; Ms. Monson will soon
become titleholder. Their objection to the assessment is that they were recently denied a variance to
build on the lot. The Planning Commission basis for denial was water drainage problems. If this
proj ect will correct the problem and reverse the variance denial, they will pay the assessment. If not,
they object on the basis it does not provide any benefit to their property. Mr. Kimble stated the
project would not correct their drainage issues.
Carol Jagusch , 525 Brick Street, questioned the work being done on her property. She also asked if
berms were going to be placed on her land. Mr. Sanders stated they are working within recorded
easements on her property. Mr. Eckles stated staff will bring the plans to her property and explain
the project to her on-site.
Barry Lagrave, 1517 W. Pine St., asked if there is any guarantee that the project will continue past
Phase I. He has no problem with the assessment. He just wants confirmation that all phases will be
completed. Council stated the project will continue, but there are no guarantees on how many
phases will be completed. The phases will be done as necessary to correct the problem. If earlier
phases make the necessary corrections, further phases would no longer be needed.
The Mayor closed the public hearing.
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Motion by Councilrnember Thole, seconded by Councilmember Bealka to adopt Resolution 99-303
adopting the assessment for Lily Lake Water Quality Improvements, Project 9613, L.I. 340, with
adjustments only for engineering purposes.
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City Council Meeting 99-23
October 19,1999
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Ayes:
Nays:
Absent:
Councilrnembers Bealka, Thole, Zoller and Mayor Kimble
None
Councilmember Cummings
The meeting was recessed at 8:30 p.m. and reconvened at 8:40 p.m.
2. Wilkins Street Storm Sewer Improvements, Project 9808, L.I. 339. This is the day and time for
the public hearing to consider the proposed assessment for Project No. 9808, L.I. 339. The
following is the area proposed to be assessed: Properties within the described boundary of the
North boundary is West Moore Street, East boundary is North 4th Street, South Boundary is West
Aspen, and the West boundary is Owens Street. The improvement consists of Storm Water
Improvements. The total amount of the proposed assessment is $69,675.72. Notice of the
hearing was published in the Stillwater Gazette on October 1, 1999 and notices mailed to
affected property owners.
Mr. Sanders presented a summary of the project. It consists of improving the storm water system in
the area ofNortb Fifth Street and West Wilkins Street by lowering the street at the intersection of
Fifth and Wilkins and adding storm sewer in the backyards to increase drainage capacity.
It is proposed to assess the contributing 47.3 acre drainage district (35.5 acres assessable) at a rate of
$.045 per square foot; this would provide $69,675 in assessments. The remaining $18,471 would be
paid by the Storm Water Utility Fund. No letters of objection were received prior to the meeting.
r Staffrecornrnends adoption of the attached assessment roll as submitted.
Councilrnember Thole stated he recently sold a property within the assessment area. In order to
comply with the City conflict of interest policy, he will abstain from the vote.
The Mayor opened the public hearing.
Gerald and Gloria Shepardson, 1208 N. William St., submitted a letter of objection. A portion of
their land (parcel 21 03020330063) is landlocked. It is wooded and absorbs all moisture, therefore
not contributing to runoff. A representative of the City Engineer's office came out and looked at the
property.
Staff was directed to check the drainage direction on the property and recheck the math calculations.
The assessment would be adjusted only if the property does not drain into the area or the math is
incorrect.
The Mayor closed the public hearing.
Motion by Councilmember Zoller, seconded by Councilrnember Bealka to adopt Resolution 99-304
adopting the assessment for Wilkins Street Storm Sewer Improvements, Project 9808, L.I. 339, with
adjustments only for drainage direction at determination of the City Engineer.
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Ayes:
Nays:
Abstain:
Absent:
Councilrnembers Bealka, Zoller and Mayor Kimble
None
Councilmember Thole
Councilrnember Cummings
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City Council Meeting 99-23
October 19, 1999
r UNFINISHED BUSINESS
1. 62nd Street Watennain and Street Improvements (continued from October 5, 1999).
Mr. Eckles reported staff met with residents of the 62nd Street area on October 13, 1999, to discuss
options for resolving the objections to the proposed assessment. Four options were discussed: 1)
restore to current standard; 2) current standard plus cul-de-sac; 3) cul-de-sac plus widening; and 4)
upgrade street (original city proposal). Other issues discussed were water service, power lines, and
underground utilities.
It was found the neighborhood was universally in favor of Option 4, which is the City's original
proposal. The objection was with the assessment of$1O per square foot. All in attendance agreed to
withdraw their objection if the City reduced the proposed assessment to $5 per square foot. The
average resident would pay $2,000 for street improvements. The City would need to capture
$19,000 of financing from other sources. This could be accomplished by minor modifications in the
trunk charges for utilities to developing areas in Phase I. This modification falls within the
developers' expectations.
Option 3 is also a viable alternative. The adjusted assessment rate would be $4 per foot, it would
provide all the features wanted by the neighborhood, but the street would have a thinner section and
shorter expected life.
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Motion by Councilrnember Thole, seconded by Councilrnember Bealka to adopt Resolution 99-305
approving Option 4 as presented by the City Engineer and Adopting assessment for 62nd Street
Watermain and Street Improvements, Project 9912, L.I. 343.
Ayes:
Nays:
Absent:
Councilmembers Bealka, Thole, Zoller and Mayor Kimble
None
Councilrnember Cummings
2. Discussion and possible adoption of amended assessment roll for excepted parcels as listed in
Resolution 99-265, Downtown Lighting Project.
On September 21, 1999, Council adopted the assessment roll for L.I. 9821, Downtown Decorative
Lighting Project, with the following parcels excepted: 280302410008,2803020410014,
2803020410016,2803020410039,2803020410052,2803020410057,2803020410064,and
2803020410095.
Mr. Kriesel stated staff has not had time to meet with all property owners of the excepted parcels,
but the roll must be adopted tonight in order to have these assessments certified with payable 2000
taxes. Mr. Magnuson reported all owners of exceptions were notified that this item would be heard
tonight; no property owners are in attendance.
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Ray Kirchner, real estate appraiser, informed the City Attorney a project of this nature would lead to
a 1 % to 5% increase in market value. Mr. Kriesel stated none of the assessments appear to be more
than 2.5% of the market value. The assessment roll appears to be reasonable and could be sustained
if an appeal was filed. He recommended adopting the assessment roll as originally presented for the
excepted parcels.
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City Council Meeting 99-23
October 19,1999
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Motion by Councilrnember Thole, seconded by Councilrnember Bealka to adopt Resolution 99-306
adopting the assessment roll for excepted parcels as originally presented for L.I. 9821, Downtown
Decorative Lighting Project.
Ayes:
Nays:
Absent:
Councilrnembers Bealka, Thole, Zoller and Mayor Kimble
None
Councilrnember Cummings
3. Possible second reading of Ordinance No. 883 relating to a Zoning Map Amendment for the 28
acres located east of CR 15 and north of 62nd Street from AP (Agricultural Preservation) to TH
(townhouse). Case No. ZAM/99-1 (first reading Oct. 5, 1999)
City Attorney Magnuson reported this is strictly a housekeeping change in the map as approved by
Joint Board action.
Motion by Councilrnember Thole, seconded by Councilrnember Zoller to have a second reading of
Ordinance No. 883 relating to a Zoning Map Amendment for the 28 acres located east ofCR 15 and
north of 62nd Street from AP (Agricultural Preservation) to TH (townhouse). Case No. ZAM/99-1.
Ayes:
Nays:
Absent:
Councilmembers Bealka, Thole, Zoller and Mayor Kimble
None
Councilrnember Cummings
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NEW BUSINESS
1. Participation in Metropolitan Council Livable Communities Program (Resolution).
Mayor Kimble referred to a memo from Community Development Director Russell stating that in
order to participate in the Livable Communities Program the City must approve a resolution
signifying City participation. As a participating community, several metropolitan grant programs are
available. In the past, the City received a community Reinvestment Grant for the redevelopment of
the Maple Island Building.
Motion by Councilrnember Thole, seconded by Councilrnember Zoller to adopt Resolution 99-307
electing to continue participating in the Local Housing Incentives Account Program under the
Metropolitan Livable Communities Act.
Ayes:
Nays:
Absent:
Councilrnembers Bealka, Thole, Zoller and Mayor Kimble
None
Councilrnember Cummings
2. Approving plans and specifications and authorizing the advertisement fOr bids for lift station
upgrades.
In a memo, Mr. Eckles reported both the Lily Lake and Myrtle Street lift stations are close to
capacity in their current configurations. Staff has prepared the plans and specifications for the
improvements. The proposed project will increase the wet well storage which will significantly
reduce the wear and tear on the pumps and possibility of backups and flooding. The estimated cost
is less than $100,000 and is in the budget.
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City Council Meeting 99-23
October 19, 1999
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Motion by Councilrnember Bealka, seconded by Councilmember Zoller to adopt Resolution 99-308
approving plans and specifications and ordering advertisement for bids for Lily Lake and Myrtle Street
lift stations.
Ayes:
Nays:
Absent:
Councilmembers Bealka, Thole, Zoller and Mayor Kimble
None
Councilrnember Cummings
3. Approving plans and specifications and authorizing advertisement for bids for second ice sheet
foundation construction.
In his memo, Mr. Kriesel informed Council that it is imperative that the City construct the
foundations before year-end. He recommended Council approve the plans and specifications
presented by Ankeny Kell Architects and authorize Dick Olsen, construction manager, to advertise
for bids. Bids would be presented to Council on November 2nd. The fmal draft of the agreement
with Mahtomedi should also be available at the November 2nd meeting.
Motion by Councilmember Thole, seconded by Councilrnember Bealka to adopt Resolution 99-309
approving plans and specifications for construction of second sheet of ice foundation work at St. Croix
Valley Recreation Center and ordering advertisement for bids.
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Ayes:
Nays:
Absent:
Councilmembers Bealka, Thole, Zoller and Mayor Kimble
None
Councilrnember Cummings
4. Modification of U.S. Army Corps of Engineers levee project to accommodate trout mitigation
project.
Mr. Eckles presented a memo from Bonestroo Rosene Anderlik & Associates (BRA) proposing
design modifications to the levee project. While completing the analysis of the storm water
conveyance system from McKusick Lake to the river, it was discovered the pipe installed as part of
the Levee Project is undersized as proposed and should be enlarged. The Corps of Engineers, BRA,
and staff have developed a design change to accommodate the additional storm water flows by
adding an additional pipe and slightly modifYing the Levee Project. Failure to install this pipe at this
time would result in significant additional costs in the future.
The contractor for the Levee Project, Park Construction, is willing to enter into an agreement to
construct the additional improvements based on the unit prices bid on the Levee Project. The
estimated cost is approximately $75,000. The costs will be charged to the Trout Stream Mitigation
Project so developers would finance the entire cost increase.
Motion by Councilrnember Thole, seconded by Councilrnember Zoller to adopt Resolution 99-310
approving the agreement with Park Construction for construction of storm pipes associated with the
Trout Stream Mitigation Project, at a cost not to exceed $75,000.
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Ayes:
Nays:
Absent:
Councilrnembers Bealka, Thole, Zoller and Mayor Kimble
None
Councilmember Cummings
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. .
City Council Meeting 99-23
October 19, 1999
r STAFF REPORTS (continued)
Mr. Kriesel noted Washington County will be holding a public hearing on Wednesday, October 27,
1999, regarding a petition by David Paradeau, Minnesota Zephyr, to allow the train to operate after 5
p.m. on Sunday and after 10 p.m. on holidays.
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Motion by Councilrnember Bealka, seconded by Councilrnember Zoller directing staff submit a letter to
Washington County in support of the petition by David Paradeau, Minnesota Zephyr, for extended
operation hours for the Minnesota Zephyr. All in favor.
ADJOURNMENT
Motion by Councilrnember Thole, seconded by Councilrnember Bealka to adjourn to executive session
at 9: I 0 p.m. to discuss possible acquisition of land. All in favor.
Attest: --I1t~ u J, J~.-
Clerk
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Resolution 99-295: Payment of bills
Resolution 99-296: Approving hospital/medical insurance rates, effective 1/1/2000
Resolution 99-297: Promotion Thomas Crotty to part-time on-call fire captain
Resolution 99-298: Permanent employment of Ryan Smith as Engineering Technician II
Resolution 99-299: Permanent employment of John Buckley as Assistant Building Inspector
Resolution 99-300: Agreement with Equipment Supply Inc. for boilerllIV AC maintenance - Library
Resolution 99-301: Agreement with Johnson Controls, Inc., for HV AC maintenance - City Hall
Resolution 99-302: Agreement to modify easement - Lot 7, Block 4, Liberty on the Lake
Resolution 99-303: adopting assessment for Lily Lake Water Quality Improvements, Project 9613, L.I.
340, with adjustments only for engineering purposes.
Resolution 99-304: adopting assessment for Wilkins Street Storm Sewer Improvements, Project 9808,
L.1. 339, with adjustments only for drainage direction at determination of City Engineer.
Resolution 99-305: approving option 4 as presented by City Engineer and Adopting assessment for 62nd
Street Watermain and Street Improvements, Project 9912, L.I. 343.
Resolution 99-306: adopting assessment roll for excepted parcels as originally presented for L.1. 9821,
Downtown Decorative Lighting Project.
Resolution 99-307: electing to continue participating in the Local Housing Incentives Account Program
under the Metropolitan Livable Communities Act.
Resolution 99-308: approving plans and specifications and ordering advertisement for bids for Lily
Lake and Myrtle Street lift stations.
Resolution 99-309: approving plans and specifications for construction of second sheet of ice
foundation work at St. Croix Valley Recreation Center and ordering advertisement for bids.
Resolution 99-310: approving agreement with Park Construction for construction of storm pipes
associated with the Trout Stream Mitigation Project, at a cost not to exceed $75,000.
Ordinance No. 883 relating to a Zoning Map Amendment for the 28 acres located east ofCR 15 and
north of62nd Street from AP (Agricultural Preservation) to TH (townhouse). Case No. ZAM/99-1.
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RECORD OF EXECUTIVE SESSION
Date convened:
Tuesday, October 19, 1999
Time convened:
930p.m.
Time adJourned:
9:48pm.
Members present:
Mayor Kimble, Councilmembers: Bealka, Thole and Zoller
Members absent:
Councilmember Cummings
Also present:
City Coordinator Kriesel and City Attorney Magnuson
Purpose of Executive Session: To discuss possible acquisition of property located on
County State Aid Highway 15 and Boutwell Road.
Motion by Councilmember Thole, seconded by Councilmember Bealka, to direct City
Attorney to present a counter offer for the purchase of property located al County State Aid
Highway 15 and Boutwell Road. All in favor
Adiournment
Motion by Councilmember Thole, seconded by Councilmember Bealka to adjourn at 9:48
P.M All in favor
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