HomeMy WebLinkAbout1999-12-21 CC MIN
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CITY OF STILLWATER
CITY COUNCIL MEETING NO. 99-27
December 21. 1999
REGULAR MEETING
7:00 P.M.
The meeting was called to order by Mayor Kimble.
Present:
Also present:
Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
City Coordinator Kriesel
City Attorney Magnuson
Finance Director Deblon
Community Development Director Russell
Fire Chief Kallestad
Police ChiefDauffenbach
City Engineer Eckles
City Clerk Weldon
Press:
Julie Kink, Courier
Mark Brouwer, Gazette
APPROVAL OF MINUTES
Motion by Councilmember Beallca, seconded by Councilmember Thole to approve the minutes of December 7,
1999, Regular and Recessed Meetings and Executive Session. All in favor.
PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS
1. Stillwater High School War Memorial Committee - memorial site location request.
John Kraemer and Deb Henton gave a slide presentation on the design concept and proposed calendar for
the design and construction of a war memorial on the site of the previous high school. The memorial would
honor Stillwater citizens killed in the Civil War and Stillwater High School students killed in WWI, WWII,
Korea, and Vietnam. The property identified by the Committee is the upper parking lot closest to the comer
of Third and Pine. They requested City authorization to develop the city-owned site.
Mayor Kimble explained the City has contractual obligations for the parking area. Councilmembers
Cummings and Zoller both suggested working with the City planners to find the best location, stating there
might be other properties better suited for the memorial. Concerns were also expressed about honoring only
Stillwater High School students. Thole asked consideration be given to residents that attended private
schools.
Motion by Councilmember Thole, seconded by Councilmember Cummings to direct staff to work with the
Stillwater High School War Memorial Committee to find an appropriate site for the war memorial.
2. Darrell Sorenson, 136 Mallard Court.
Mr. Sorenson requested guard rails be installed on the east side of Boutwell at the intersection of Myrtle and
Boutwell. He informed Council of accidents that have occurred at that site. Cars have gone out of control
while attempting to turn and have gone off the road.
Roger Jackson, 118 Mallard Court, observed an accident and stated a car could end up going down the slope
and into the back of Mr. Sorenson's house.
City Council Meeing No. 99-27
December 21, 1999
City Engineer Eckles stated the right-of-way at that comer belongs to Washington County.
Motion by Councilmember Thole, seconded by Councilmember Cummings directing the City Engineer to
contact Washington County regarding the possible installation of a guard rail near the intersection of Boutwell
and Myrtle and return with a report. All in favor.
3. Dick Olsen, GWO Construction - Possible award of bids for second ice sheet.
Dick Olsen presented the bids for Council consideration. The following were accepted:
Bid Package No.2, General Construction to Kellington Construction; Bid Package No.3, Precast, to Fabcon
(base bid + alternate #4); Bid Package No.5, Electrical, to Gephart Electric (base bid + alternate #2); Bid
Package No.6, Roofing and Sheet Metal, to Roof Tech Inc. (base bid); Bid Package No.8, Fire Protection
Systems, to Viking Automatic Sprinkler (base bid + alternate #2); and Bid Package No.9, Ice Rink, to
Anderson Ice Rinks (base bid + alternate 1).
The following are to be determined, subject to City Attorney review:
Bid Package No.4, Mechanical; Bid Package No.7, Painting,; and Bid Package No. 10, Dasherboard
System.
Motion by Councilmember Thole, seconded by Councilrnember Cummings to adopt Resolution 99-372
awarding bids for the second ice sheet at the St. Croix Valley Recreation Center.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
Nays: None
OPEN FORUM
John Baird, 800 Towne Circle, representing the Condo Association, expressed support ofthe passage of
the second reading of the ordinance regulating automotive sales, service and storage.
Marsha Kilbourne, 216 West Wilkins, requested Council approval to put an addition on her property and
close all entrances except one. This request was in response to the December 7, 1999, public hearing
regarding her appeal of decision by the Building Official for a permit.
Mayor Kimble stated Council could not comment at this time. The normal procedure of submitting an
application to the Planning and Building Departments must be followed.
Steven Young, Arbor Commercial Group. LLC, Minneapolis, Minnesota, introduced himself. He
currently has the Reed Building under contract and is proceeding with the due diligence process.
ST AFF REPORTS
Finance Director Deblon presented a memo from the League of Minnesota Cities Insurance Trust
(LMCIT) regarding the 1999 LMCIT dividends. This year the LMCIT property/casualty program has
returned $7 million to member cities as a dividend. The 1999 dividend for the City is $42,660.
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City Council Meeing No. 99-27
December 21, 1999
City Attorney Magnuson reported the development agreement with Mainstream Development
Partnership for the Maple Island site requires a certificate of substantial completion be recorded at
Washington County by December 31, 1999. This is a ministerial act.
Motion by Councilmember Thole, seconded by Councilmember Bea1ka to adopt Resolution 99-373 authorizing
the execution of the certificate of completion to the Mainstream Development Partnership for the development
of the Maple Island site.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
Nays: None
CONSENT AGENDA
Motion by Councilmember Thole, seconded by Councilmember Bealka to approve the Consent Agenda. All in
favor.
1. Resolution 99-356: Payment of bills
2. Resolution 99-357: Correcting retainer for City Attorney for Year 2000
3. Approving application for abatement from Washington County for Waste Management Fees
4. Resolution 99-358: Renewal of towing license - Stillwater Towing
5. Resolution 99-359: Renewal of gambling premises permit at Harbor Bar - Climb Theatre
6. Resolution 99-360: Purchase of Pickup Truck - Police Department, parking enforcement
7. Resolution 99-361: Adopting Assessment Roll for delinquent utilities, Local Improvement No. 001
8. Resolution 99-362: Employment of Tim Thomsen as Public Works Superintendent
9. Resolution 99-363: Permanent employment of Jeff Dionisopoulous as Labor/Maintenance Worker
10. Resolution 99-364: Establishing hire date for Joe Ritzer - Public Works/Parks
11. Resolution 99-365: Employment of Diane Ward as secretary - EngineeringlPublic Works
12. Resolution 99-366: Temporary Employment of Robert Hamble and Shirley Kelly as warming house
attendants
13. Resolution 99-367: Approval of Change Order No. 17 - St. Croix Recreation Center
14. Resolution 99-368: Payment of Curve Crest Extension Street Acquisition Costs
15. Purchase of Computer - Finance Department
16. Purchase of File Server and Hub - Administration Department
17. Resolution 99-369: Promotion of Ryan Smith to Engineering Tech III
18. Resolution 99-370: Establishing Hospital/Medical Insurance Contribution for City Coordinator for Year
2000
19. Resolution 99-371: Memorandum of Understanding with Law Enforcement Labor Services, Inc., Local
257 regarding City contribution for group health insurance coverage for 1998
PUBLIC HEARINGS
1. This is the day and time for the public hearing to consider adoption of the final property tax levy and
final budget for the year 2000.
Finance Director Deblon reported the Truth in Taxation public hearing was held December 7,1999. The
final tax levy is the same amount as presented at the public hearing. The final budget amount has been
changed to include the capital outlay for public works that the City Council approved adding to the 2000
budget.
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City COWlcil Meeing No. 99-27
December 21,1999
The Mayor opened the public hearing. There were no requests to be heard. The Mayor closed the public
hearing.
Motion by COWlcilmember Thole, seconded by COWlcilmember Zoller to adopt Resolution 99-374 adopting the
final tax levy for the Year 2000 in the amoWlt of$4,315,109.
Ayes: COWlcilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
Nays: None
Motion by COWlcilmember Thole, seconded by COWlcilmember Zoller to adopt Resolution 99-375 adopting
final budget for the Year 2000 in the amoWlt of$7,501,304.
Ayes: COWlcilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
Nays: None
2. This is the day and time for the public hearing to consider the proposed establishment of Development
District No.2, pursuant to Minnesota Statutes, Sections 469.124 to 469.134 and the establishment of Tax
Increment Financing District No.8 (a housing district) pursuant to Minnesota Statutes Sections 469.174
to 469.179, and the adoption of plans thereto.
City Attorney Magnuson requested the public hearing be tabled to January 4, 2000. This will allow for the
proper publication notice of 10 days.
Motion by COWlcilmember Thole, seconded by COWlcilmember Cummings to table the public hearing to
consider the proposed establishment of Development District No.2 to the January 4, 2000 meeting.
UNFINISHED BUSINESS
1. Case No. PUD/99-54. A final Planned Unit Development, Long Lake Villas, for 13 single family lots
(9.27 acres) and 86 Townhome lot (14.91 acres) and a 5.01 acre park located west of County Road 5 and
north of 62nd Street North. Tim Nolde, applicant.
2. Case No. SUB/99-55. A final plat approval of26.18 acre area into 13 single lots, Outlot A, 5.01 acre
park, 50 townhouse lots, seven apartment lots and Outlot B for road right of way located west of COWlty
Road 5 and north of 62nd Street North. Tim Nolde, applicant.
CommWlity Development Director Russell reported the Planning Commission recommends approval of the
Final Plat and Final PUD for Long Lake Villas with the following conditions:
1. A revised site plan for the townhouse portion of the project shall be submitted before final plat
recording. The site plan shall show the buildings elevation changes closer to the road and further from
Brewers Pond.
2. A 50-foot public road right-of-way shall be provided for the cul-de-sac off of Brewers Court to provide
future access for properties to the north.
3. Trail easements shall be provided for trails located outside of right-of-way.
4. Non-sidewalk trails shall be 8-foot paved trails.
5. Additional landscaping shall be added to break up the back elevation of the buildings along the south
side of the site.
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City Council Meeing No. 99-27
December 21, 1999
6. Natural area easements shall be recorded and marked along the drainage channel of Lots 48, 49, 50, 51,
and 53 and around Brewers Pond lots 6-11.
7. The disturbed area along Brewers Pond shall be planted with wetland grasses and flower seed mix.
8. The trail connecting the project to 62nd Street shall be paved when single family lot public improvements
are constructed.
9. The utility trunk charges shall be paid before final plat recording.
10. The design for the attached rental unit structures shall be reviewed and approved by the Planning
Commission before building permits are issued.
II. Easements as required by the City Engineer shall be shown or recorded with the fmal plat.
12. Outlots "A" and "B" shall be dedicated to the City for park dedication and road right-of-way pwposes.
Community Development Director Russell reported the twelve conditions of approval will be included in
the development agreement. He also stated the developer has requested early approval to start one section
of the units.
Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution 99-376
approving Final Plat and Final PUD for Long Lake Villas, Case No. FSUB/99-55 and Case No. FPUD/99-54.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
Nays: None
3. Second reading of Ordinance No. 885 amending the Zoning Ordinance by adding Chapter 31-1.16(3c)
development regulations for automotive sales, service and storage uses excluding gasoline filling
stations.
Motion by Councilmember Thole, seconded by Councilmember Cummings to have a second reading of
Ordinance No. 885, amending the Zoning Ordinance by adding Chapter 31-1.16(3c) development regulations
for automotive sales, service and storage uses excluding gasoline filling stations.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
Nays: None
4. Report: Accessory building at 2248 Orwell Court N.
City Attorney Magnuson reported staff has reviewed the complaints from Penthouse Acres neighbors (letter
dated November 23, 1999) regarding accessory uses on the Berwald property at 2248 Orwell Court N.
Neither of these structures required a building permit because, according the Building Official's office, they
are temporary and portable and not affixed to the ground on a permanent basis. However, it appears they
are not in compliance with zoning regulations for a 30-foot front yard setback requirement in the zoning
district. Also, if one of the structures is a garage, the additional structure can be no larger than 120 square
feet.
No building permits were issued because they were not required. However, no review was made by the
Planning Office for compliance with requirements for accessory uses in the RA District. Because there was
some confusion regarding placement of these structures, staff recommends setting a 6 month period for the
owner to remove the structures or bring them into compliance with zoning regulations.
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City Council Meeing No. 99-27
December 21, 1999
Motion by Councilmember Thole, seconded by Council member Zoller to adopt recommendations of staff for
setting a 6 month period for the owner of temporary buildings at 2248 Orwell Court North to remove structures
or bring into compliance with regulations. All in favor.
5. Update and direction on Territorial Prison site development.
Community Development Director Russell updated Council on the development plans for the territorial
prison site. The project remains a 170-room historic hotel, up to a 600-person conference center, and a 125-
seat restaurant. This is similar to previously approved plans. He presented a development agreement
prepared by the City Attorney for Council review.
City Attorney Magnuson reported the agreement is basically the same as the agreement approved two other
times. This agreement was updated for new options, including contingencies for City approval before
conveyance.
Finance Director Deblon presented financial information regarding project assistance.
Based on the proposed schedule, the sale of the property would close in January 2000 and construction
would begin June 2000.
Motion by Councilmember Thole, seconded by Councilmember Beallca to adopt Resolution 99-377 approving
the development agreement with Territorial Partners, LLC, for the development of the territorial prison site.
Ayes: Councilmembers Beallca, Cummings, Thole, Zoller and Mayor Kimble
Nays: None
The meeting was recessed at 8:20 and reconvened at 8:35 p.m.
6. McKusick Ravine Study.
City Engineer Eckles reported the study has been completed by Bonestroo, Rosene, Anderlik & Assoc., Inc.
(BRA). The project will have no impact on the City budget. The State of Minnesota has approved a $1.1
million no interest loan, available in 2000. The loan will cover the costs until development occurs, at which
time the developers will pay the cost.
Rich Brasch, BRA, summarized the report. It gives the City a comprehensive review of the existing
drainage system between McKusick Lake and the St. Croix River. The proposed improvements and cost
estimates are presented in the report. The implementation of the improvements is part of the AUAR
mitigation strategy.
An informational public meeting was held November 23, 1999, for residents to review ravine system
improvement alternatives.
Motion by Counci1member Thole, seconded by Councilmember Cummings receiving and adopting the
McKusick Ravine Study. All in favor.
7. Possible setting of public hearing to amend City Charter.
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City Council Meeing No. 99-27
December 21, 1999
MayorKimble stated that it appears, according to information included in a memo from City Coordinator
Kriesel, a workshop on the proposed amendment related to the City Administrator issue would be beneficial
before the setting of a public hearing on the proposed charter amendment.
Motion by Councilmember Thole, seconded by Councilmember Bealka directing staff to set a workshop with
the Charter Commission for Jan. 18 or Feb. 15 at 4:30 p.m. All in favor.
NEW BUSINESS
I. Selecting Worker's Compensation Premium Option with the League of Minnesota Cities.
Finance Director Deblon reported the City has received the Workers' Compensation notice of premium
options for the year 2000. The City may select several options including regular premium, deductible
options or retro-rated options. Last year the city selected the regular premium option. Staff and the City's
insurance agent have determined the premium amount of$70,715 is very reasonable. She recommended the
selection of the regular premium option.
Motion by Councilmember Cummings, seconded by Councilmember Thole approving recommendations of the
Finance Director to select the regular premium option for Workers' Compensation Insurance and to not waive
statutory limits. All in favor.
2. Approval offees for services.
City Coordinator Kriesel presented a proposed fee schedule. Adjustments are mainly cost of living
increases. He noted Fire Chief Kallestad has noted corrections for fees for open burning, tank removal, and
fire reports. He recommended approval of the presented fee schedule, as amended to include corrections by
the Fire Chief.
Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt Resolution 99-378 setting fees
as recommended by City Coordinator, as amended.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
Nays: None
3. Possible renewal of contract with Ed Cain, Legislative Associates.
City Coordinator Kriesel presented the proposed renewal contract. Mr. Cain summarized legislative issues
for 2000 that affect the City of Stillwater.
Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution 99-379
approving renewal of contract with Ed Cain, Legislative Associates, Inc., for the period January 1,2000,
through December 31, 2000.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
Nays: None
4. Development Agreement for Stillwater Crossings.
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City Council Meeing No. 99-27
December 21,1999
City Attorney Magnuson presented a proposed development agreement with Legends West Limited
Partnership for the subdivision of Stillwater Crossings.
Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt Resolution 99-380 approving
development agreement with Legends West Limited Partnership for the subdivision of Stillwater Crossings.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
Nays: None
5. Repair and Conveyance of Pi zinger Lift Station.
City Engineer Eckles reported a lift station was installed off of Interlachen Drive approximately 20 years
ago solely to serve the Pizinger homestead. It has been a continual maintenance problem for the City. Also,
the Pizinger's have had sewage backup several times. The liftstation is in need of major renovations. He
suggested it be completely redesigned. In addition, he recommended the City discontinue providing service
to the station and treat it as a private facility.
He stated it is unknown how this facility became the sole responsibility ofthe City. In all other similar
instances, these types of systems are wholly private.
Motion by Councilmember Thole, seconded by Councilmember Cummings to direct staff to contact the
property owners regarding the conveyance of the liftstation serving the Pizinger property to the homeowner.
All in favor.
6. Possible first reading of ordinance amending fertilizer ordinance.
City Coordinator Kriesel reported staff had met with companies that sell the fertilizer. It was determined
further refinements are needed in the ordinance. A revised draft will be prepared for the second reading of
the amended ordinance.
Motion by Councilmember Thole, seconded by Councilmember Bealka to have a first reading of ordinance
amending the fertilizer ordinance. All in favor.
7. Request to establish regulations prohibiting use of boat motors on McKusick Lake.
City Coordinator Kriesel reported a letter had been received from residents requesting the use of boat
motors be prohibited on McKusick Lake.
Motion by Councilmember Thole, seconded by Councilmember Zoller directing staff to review the residents'
request to prohibit boat motors on McKusick Lake. 4-1 (Cummings nay)
8. Possible first reading of ordinance amending solid waste collection fees.
City Coordinator Kriesel reported fees for solid waste collection have changed, effective January 1, 2000,
based on the amended agreement with Waste Management, Inc. The fees are set by ordinance. The fmal
draft will be available at the January 4, 2000, meeting.
Motion by Councilmember Thole, seconded by Councilmember Zoller to have the first reading of an ordinance
amending solid waste collection fees. All in favor.
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City Council Meeing No. 99-27
December 21, 1999
COUNCIL REOUEST ITEMS
Councilmember Cummings requested Council reconsider the allocation of the funds from the sale of the
water tower site. He suggested the proceeds be dedicated to parkland for disc golf.
Motion by Councilmember Cummings, seconded by Councilmember Bealka directing staff to prepare report on
possible use of funds from sale of water tower site for parkland. All in favor.
ADJOURNMENT
Motion by Councilmember Thole, seconded by Councilmember Bealka to adjourn to executive session to
discuss Oak Glen litigation and assessment appeal at 9:31 p.m. All in favor.
$/
Attest: ~" (1. J~.1 A1_............
City Clerk
Resolution 99-356: Payment of bills
Resolution 99-357: Correcting retainer for City Attorney for Year 2000
Resolution 99-358: Renewal of towing license - Stillwater Towing
Resolution 99-359: Renewal of gambling premises permit at Harbor Bar - Climb Theatre
Resolution 99-360: Purchase of Pickup Truck - Police Department, parking enforcement
Resolution 99-361: Adopting Assessment Roll for delinquent utilities, Local Improvement No. 001
Resolution 99-362: Employment ofTirn Thomsen as Public Works Superintendent
Resolution 99-363: Permanent employment of Jeff Dionisopoulous as LaborlMaintenance Worker
Resolution 99-364: Establishing hire date for Joe Ritzer - Public W orlcs/Parks
Resolution 99-365: Employment of Diane Ward as secretary - EngineeringlPublic Works
Resolution 99-366: Temporary Employment of Robert Hamble and Shirley Kelly as warming house attendants
Resolution 99-367: Approval of Change Order No. 17 - St. Croix Recreation Center
Resolution 99-368: Payment of Curve Crest Extension Street Acquisition Costs
Resolution 99-369: Promotion of Ryan Smith to Engineering Tech III
Resolution 99-370: Establishing Hospital/Medical Insurance Contribution for City Coordinator for Year 2000
Resolution 99-371: Memorandum of Understanding with Law Enforcement Labor Services, Inc., Local 257
regarding City contribution for group health insurance coverage for 1998
Resolution 99-372: awarding bids for the second ice sheet at the St. Croix Valley Recreation Center .
Resolution 99-373: authorizing the execution of the certificate of completion to the Mainstream Development
Partnership for the development of the Maple Island site.
Resolution 99-374: adopting the final tax levy for the Year 2000 in the amount of $4,315,109.
Resolution 99-375: adopting final budget for the Year 2000 in the amount of $7,501,304.
Resolution: 99-376: approving Final Plat and Final PUD for Long Lake Villas, Case No. FSUB/99-55 and
Case No. FPUD/99-54.
Resolution 99-377: approving the development agreement with Territorial Partners, LLC, for the development
of the territorial prison site.
ResolutIon 99-378: setting fees as recommended by City Coordinator, as amended.
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City Council Meeing No. 99-27
December 21, 1999
Resolution 99-379: approving renewal of contract with Ed Cain, Legislative Associates, Inc., for the period
January 1,2000, through December 31, 2000.
Resolution 99-380: approving development agreement with Legends West Limited Partnership for the
subdivision of StiIlwater Crossings.
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RECORD OF EXECUTIVE SESSION
Date convened:
Tuesday,December21,1999
Time convened:
9:38 p.m.
Time adjourned:
9:54 p.m.
Members present:
Mayor Kimble, Councilmembers: Bealka, Cummings, Thole and
Zoller
Members absent:
None
Also present:
City Coordinator Kriesel and City Attorney Magnuson
Purpose of Executive Session: To consider action for mediation of the Oak Glen
development financing litigation and assessment appeals for Local Improvement No. 341.
Motion by Councilmember Thole, seconded by Council member Cummings, to direct City
Attorney to proceed with mitigation of litigation related to Oak Glen development. All in
favor.
Motion by Councilmember Thole, seconded by Councilmember Cummings to direct City
Attorney to make offer for settlement of assessment appeals for Local Improvement No.
341. All in favor
Adiournment
Motion by Council member Zoller, seconded by Councilmember Bealka to adjourn at 9:54
P.M. All in favor.
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Attest~ %"'~
- I ~ordinator