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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not to match competitors' pricing but do calculations strictly by formula, that portion of the proposal has been withdrawn.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 ~