HomeMy WebLinkAbout1999-11-02 CC MIN
.
r
r
r
.
.
CITY OF STILLWATER
CITY COUNCIL MEETING NO. 99-24
November 2, 1999
REGULAR 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
Finance Director Deblon
Police ChiefDauffenbach
Community Development Director Russell
City Engineer Eckles
Fire Chief Kallestad
Building Official Zepper
City Clerk Weldon
Press: Julie Kink, Courier
APPROVAL OF MINUTES
Motion by Councilrnember Bealka, seconded by Councilrnember Thole to approve the minutes
of October 19, 1999, Regular Meeting and Executive Session. All in favor.
PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS
1. Paul Anderson, Lee F. Murphy Insurance, Inc.- proposal for insurance consulting
servIces.
Paul Anderson requested Council permission to prepare a proposal to the City. He stated the
carrier, St. Paul Companies, has several cities as clients.
City Coordinator Kriesel expressed concerns with leaving the League of Minnesota Cities
Insurance Trust (LMCIT) or for changing coverage to obtain lower rates. The City must base
a change primarily on retaining the present extent of coverage; the assurance the carrier
would continue to provide insurance for the long term; the support of other services such as
workshops, surveys, recommendations, and education; and the cost of coverage. The extent
of coverage and long-term availability are the primary concerns.
LMCIT has been contacted to ask if they would reduce premiums to match a competitor's
quote. They will not reduce premiums. Premiums for all cities are calculated using the same
formula. The system is not to match the market price but to represent the city's fair share of
total costs based on actual risks and exposures.
City Attorney Magnuson stated he was concemed about the proposal in the Lee. F. Murphy
Insurance, Inc., letter that the agency would be compensated with 20% of savings realized by
the City. Mr. Anderson stated that, in view of the LMCIT position not to match competitors'
pricing but do calculations strictly by formula, that portion of the proposal has been
withdrawn.
City Council Meeting No. 99-24
November 2, 1999
r
Councilmember Zoller questioned the benefits of entering into an agreement to have the
agency look at City policies. Mr. Anderson stated that initial portion of the proposal appears
to no longer be worthwhile.
It was also noted that the City receives dividends annually from LMCIT. That amount must
also be considered when comparing costs.
Motion by Councilrnember Cummings, seconded by Councilrnember Thole directing staff to
review a proposal for insurance services from Lee F. Murphy Insurance, Inc. All in favor.
STAFF REPORTS
Finance Director Deblon updated Council on the possible adjustment of rates for sanitary
sewer and storm sewer charges. During the budget process, discussion was held
regarding the possible need to increase the rates. The Metropolitan Council
Environmental Services Division has adopted preliminary rates for the next three years
that are lower than current rates. The majority of the sanitary sewer fund budget is paid
to the Metropolitan Council to treat the city's water. These lower rates will eliminate the
projected deficit in the sanitary sewer fund. Storm sewer rates are slightly higher than
other metro area cities, and there is a projected surplus for the year 2000. She
recommended not making any changes in the sanitary sewer or storm sewer rates at this
time.
r
Community Development Director Russell informed council a pre-workshop will be held
Thursday, November 4, prior to the public meeting on the proposed tree ordinance.
City Engineer Eckles reported the downtown decorative lights project is underway.
Lights should be operational within one month. There are three or four lights that will
not be able to be placed in their planned location. Options for placement would be to
continue along the same side of the road as Vittorios or to place two on each side of Main
Street. However, the Brick Alley property was not included in the assessment. Council
determined it would be best to continue placement within the assessed area. The Brick
Alley area could be added in the future.
Fire Chief Kallestad reported area churches and the City of Stillwater Chamber of
Commerce have requested to have a professional fireworks display in Lowell Park on
December 18th. Because the size of Lowell Park is not suitable for fireworks, the
organizers understand the launch site will have to be Kolliner Park.
r
Council must determine if an insurance rider for fireworks will be required in addition to
insurance provided by the pyrotechnic company. For large displays such as Lumberjack
Days and 4th of July, the City purchased a rider on its own insurance policy and passed
the cost to event sponsors. The cost is $500 for any size display and is secondary to the
policy provided by the pyrotechnic company. This display will be relatively small in
comparison. Factors limiting City liability are the expectation ice will cover the river
and snow will reduce the risk of grass fires. All fireworks present risks or hazards
regardless of display size or season. He requested Council direction.
2
r
r
("
City Council Meeting No. 99-24
November 2, 1999
Council determined there was minimal risk and, because the City was listed as an
additional insured on the policy of the pyrotechnic company, a rider will not be required.
Building Official Zepper presented a monthly inspection report.
CONSENT AGENDA
Motion by Councilrnember Bealka, seconded by Councilrnember Thole to approve the Consent
Agenda. All in favor.
1. Resolution 99- 311: Directing Payment of Bills
2. Resolution 99-312: Employment of Jeffrey Roettger as part-time on-call firefighter
3. Temporary on-sale liquor license, City of Stillwater Chamber of Commerce, for Blue Moon
Fundraiser at Washington County Historic Courthouse, February 29, 2000
4. Resolution 99-313: Contract with Larson Allen Weishair & Co. for 1999 auditing services
5. Resolution 99-314: Extended warranties and maintenance agreements for new squad cars-
Police Dept.
6. Resolution 99-315: Calling for public hearing on the proposed creation by the City of
Development District No.2 and of the Development Program for Development District No.2
and the proposed establishment of Tax Increment Financing District No.8 and the adoption
of the Tax Increment Financing Plan relating thereto, all located within Development District
No.2.
7. Resolution 99-316: Permanent employment of Chant ell Kadin as Administrative Assistant
8. Resolution 99-317: Liquor license renewals for the Year 2000
9. Resolution 99-318: Tobacco license renewals for the Year 2000
10. Resolution 99-319: Consent to assignment of Legends of Stillwater Phase III Development
Agreement to D.R. Horton, Inc. - Minnesota
II. Resolution 99-320: Renewal of contract with Select Account
12. Resolution 99-321: Application for Minnesota Stream Protection and Improvement Loan
Program
13. Resolution 99-322: Agreement with Don Empson for architectural survey consultant
services for Hersey Staples Addition
14. Hang banner on Chestnut Street, Trinity Church Yule Fest, Nov 5-22,1999
15. Resolution 99-323: Approve Y2k Staffing and Contingency Plans
UNFINISHED BUSINESS
I. Construction of second ice sheet at St. Croix Valley Recreation Center.
a) Award of bids for foundation construction
City Coordinator Kriesel presented a summary of the bids and costs to construct the
foundation for the second ice sheet. The low bid for excavation work was Miller Excavating,
Inc., at $24,750. The low bid for concrete work was Northland Concrete and Masonry
Company at a cost of$37,300.
Motion by Councilrnember Thole, seconded by Councilrnember Bealka to adopt Resolution 99-
324 accepting bid and awarding contract for construction of foundation for second ice sheet at St.
Croix Valley Recreation Center to Miller Excavating, Inc., for excavation work at a cost of
$24,750, and to Northland Concrete and Masonry Company, for concrete work at a cost of
3
City Council Meeting No. 99-24
November 2,1999
$37,300, contingent upon Planning Commission approval of city application for a sideyard
("' vanance.
Ayes: Councilrnember Bealka, Cummings, Thole, Zoller and Mayor Kimble
Nays: None
b) Agreement with Mahtomedi to partner in construction.
A draft arena use agreement was presented. City Coordinator Kriesel explained the issues
discussed at the previous meeting with Mahtomedi have been resolved. The agreement
covers the construction ofwa1ls and flooring but not items such as lockers. Mahtomedi will
need to provide for their own lockers, etc.
Stillwater will own the Lily Lake Ice Arena and the St. Croix Valley Recreation Center. In
return for obtaining certain periods of exclusive use of an area arena for Mahtomedi
residents, Mahtomedi will deposit a contribution of $700,000 to the fund dedicated to the
construction of the new ice sheet. The opening date for the new ice sheet is on or before
October 1, 2000. The agreement cites responsibilities of each City in the pre-opening phase
and the operations phase. The primary term is 20 winter seasons after the opening date. A
phase out term after the primary term is also included. Buyout provisions are included in the
event Stillwater is not able to sell ice time or Mahtomedi is not able to buy ice time.
r"
City Attorney Magnuson stated the agreement is favorable to the City from a legal point of
VIew.
Motion by Councilrnember Thole, seconded by Councilrnember Bealka to adopt Resolution 99-
325 approving the agreement with the City of Mahtomedi for hockey arena use.
Ayes: Councilrnember Bealka, Cummings, Thole, Zoller and Mayor Kimble
Nays: None
c) Agreement with Ankeny Kell Architects, P A to provide architectural services for a
second ice sheet.
City Coordinator Kriesel explained the agreement is similar to the agreement for the
construction of the dome. City Attomey Magnuson stated it is essentially the same language
and consistent with the first agreement.
Motion by Councilrnember Thole, seconded by Councilmember Bealka to adopt Resolution 99-
326 approving the agreement with Ankeny Kell Architects, PA to provide architectural services
for a second ice sheet, contingent upon Planning Commission approval of the city application for
a sideyard variance.
Ayes: Councilrnember Bealka, Cummings, Thole, Zoller and Mayor Kimble
Nays: None
r
4
City Council Meeting No. 99-24
November 2, 1999
r
NEW BUSINESS
1. Status Report on McKusick Lake Downstream Conveyance System study - Bonestroo
Rosene Anderlik & Assoc. (BRA)
Rich Brasch, BRA, presented an update on the status of the study. A cornerstone of the
AUAR Mitigation Plan is the diversion of stormwater flowing from Long Lake and other
portions of the annexation area away from Brown's Creek and through McKusick Lake to the
St. Croix River. In April, 1999, the City directed BRA to evaluate the conveyance system
improvement alternatives.
For discussion, alternatives for the project were reviewed separately for the ravine (upper
section) of the conveyance system between McKusick Lake and Mulberry Street and for the
lower (downstream) section of the system between Mulberry Street and the St. Croix River.
Alternative 1 for the ravine section is to use the existing ravine channel to convey a sustained
base flow and route the remainder through a pipe installed along the channel. Alternative 2
is to convey all discharges from McKusick Lake and adjacent neighborhoods through the
ravine within the pipe. There are three general alternatives for the downstream section: I)
Mulberry Street route, 2) existing conveyance/Commercial Street route, and 3) the West
Myrtle Street/Commercial Street route. The Mulberry Street route is recommended.
r
A public meeting will be held. An overview of the alternatives will be presented and public
input solicited. The final project feasibility reports will then be prepared. It will form the
basis for the application for financial assistance from the Minnesota Stream Protection and
Improvement Loan Program, listed on the consent agenda for this meeting.
Councilrnember Cummings questioned the possibility of enhancing the area as a walkway.
He felt an increase of water flow would create more of a stream environment rather than a
storm sewer line environment.
Sherry Buss, BRA, offered to bring pictures of a recreated stream in Battle Creek Park to
illustrate how much flow is created.
Councilrnember Zoller requested a cost differential be determined for piping the flow and
also for various size streams.
No action was necessary at this time.
2. Ordering preparation of report for 2000 Street Improvements, Project 2002.
r
City Engineer Eckles presented the proposed areas to be included in the 2000 Street
Improvements. He requested authorization to proceed with the feasibility study for street,
sidewalk, sanitary and storm sewer improvements for Forest Hills Additions I and II, South
Fifth and South Sixth Streets between Hancock and Orleans, West Marsh Street between
Third and Sixth Street, West Orleans from Fourth Street to Everett Street, and Everett Street
from Orleans to Anderson.
5
City Council Meeting No. 99-24
November 2, 1999
Motion by Councilrnember Thole, seconded by Councilrnember Zoller to adopt Resolution 99-
r 327 ordering the preparation of a report for the 2000 Street Improvements, Project 2002.
Ayes: Councilrnember Bealka, Cummings, Thole, Zoller and Mayor Kimble
Nays: None
COUNCIL REOUESTS
Councilrnember BeaIka presented Council with a shovel from Kellison Company used at the
Ace Hardware groundbreaking.
Motion by Councilrnember Thole, seconded by Councilrnember BeaIka to adjourn at 5:40 p.m.
to Executive Session to discuss possible acquisition ofland. All in favor.
RECESSED MEETING
8:00 P.M
The meeting was called to order by Mayor Kimble
Present:
Also present:
Councilmembers BeaIka, Cummings, Thole, Zoller and Mayor Kimble
City Coordinator Kriesel
City Attorney Magnuson
PUBLIC HEARING
r
1. This is the day and time for the public hearing to consider the lease of property where
currently a city-owned barge entitled the "Frank E" is moored along with a city-owned vessel
known as the "Cayuga", to Max Todo Marine Services, Inc., for an initial three year period
and two one-year extension periods to use as the Marine Service facility. Notice of the
hearing was published in the Stillwater Gazette on October 5, 11, 18, and 25, 1999.
City Attorney Magnuson explained the lease agreement with Max Todo. The agreement was
approved by Resolution 99-272 on September 21,1999, contingent upon Council action to
proceed with the lease after the holding of a public hearing as required by the City Charter.
The property with frontage on the St. Croix River was formerly rented to the Aiple Towing
Company for the operation of a barge terminal facility from the site. As rent, Max Todo will
perform repairs to the Cayuga as detailed in the agreement. The work must be completed
during the initial three year term of the agreement. Any use of the barge by Max Todo or
others will require approval of the City Coordinator. Provisions are included for the
maintenance of the premises, mooring use, landscaping, the construction of a lock out gate,
and insurance.
City Coordinator Kriesel noted this is a good use of the property. There is currently no
funding available to make improvements to the property. In addition, the City must wait for
a Mn/DOT decision on the construction of the interstate bridge in order to determine the
impact on the Aiple property. The lease and use of the property provides a source of
r security for the property in the interim.
The Mayor opened the public hearing. There were no requests to be heard. The Mayor
closed the public hearing.
6
('
r
r
City Council Meeting No. 99-24
November 2, 1999
Motion by Councilrnember Bealka, seconded by Councilrnember Thole to have a first reading of
an ordinance authorizing the Mayor and Council to lease city owned property to Max Todo
Marine Services, Inc. All in favor.
ADJOURNMENT
Motion by Councilmember Thole, seconded by Councilrnember Bealka to adjourn at 8:15 p.m to
execute session. All in favor.
Attest:
rv;O"L lJ.J, ~ II -HY'o. -'
City Clerk
#H
7
r
('
C'
.
.
City Council Meeting No. 99-24
November 2, 1999
Resolution 99- 311: Directing Payment of Bills
Resolution 99-312: Employment of Jeffrey Roettger as part-time on-call firefighter
Resolution 99-313: Contract with Larson Allen Weishair & Co. for 1999 auditing services
Resolution 99-314: Extended warranties and maintenance agreements for new squad cars -
Police Dept.
Resolution 99-315: Calling for public hearing on the proposed creation by the City of
Development District No.2 and of the Development Program for Development District No.2
and the proposed establishment of Tax Increment Financing District No.8 and the adoption of
the Tax Increment Financing Plan relating thereto, all located within Development District No.2.
Resolution 99-316: Permanent employment of Chant ell Kadin as Administrative Assistant
Resolution 99-317: Liquor license renewals for the Year 2000
Resolution 99-318: Tobacco license renewals for the Year 2000
Resolution 99-319: Consent to assignment of Legends of Stillwater Phase III Development
Agreement to D.R. Horton, Inc. - Minnesota
Resolution 99-320: Renewal of contract with Select Account
Resolution 99-321: Application for Minnesota Stream Protection and Improvement Loan
Program
Resolution 99-322: Agreement with Don Empson for architectural survey consultant services
for Hersey Staples Addition
Resolution 99-323: Approve Y2k Staffmg and Contingency Plans
Resolution 99-324: accepting bid and awarding contract for construction of foundation for
second ice sheet at St. Croix Valley Recreation Center to Miller Excavating, Inc., for excavation
work at a cost of $24,750, and to Northland Concrete and masonry Company, for concrete work
at a cost of$37,300, contingent upon Planning Commission approval of city application for
sideyard variance.
Resolution 99-325: approving agreement with the City of Mahtomedi for hockey arena use.
Resolution 99-326: approving agreement with Ankeny Kell Architects, P A to provide
architectural services for second ice sheet, contingent upon Planning Commission approval of
the city application for sideyard variance.
Resolution 99- 327: ordering Preparation of report for 2000 Street Improvements, Project 2002.
8
RECORD OF EXECUTIVE SESSION
Dale convened
Tuesday, November 2,1999
Time convened:
5:45p,m_
Time adjourned'
559p.m,
Members present:
Mayor Kimble, Councilmembers Bealka, Cummings, Thole and
Zoller
Membersabsenl:
None
Also present:
City Coordinator Kriesel, City Attorney Magnuson, City Engineer
Eckles and Community Development Director Russell
Purpose of Executive Session: To continue discussion of possible acquisition of property
located on County State Aid Highway 15 and Boutwell Road.
Motion by Counciimember Thole, seconded by Councilmember Zoller, to direct City
Attorney to present a counter offer for the purchase of property located at County Slate Aid
Highway 15 and Boutwell Road. All in favor.
Adiournment
Motion by Councilmember Thole, seconded by Councilmember Cummings to adjourn at
5:59P M_AII in favor_
~1:g9L
" ':Payor
Atte't~~x~
City Coordinator
~