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HomeMy WebLinkAbout1996-03-19 CC MIN C'j r {'. - Regular Meeting 96-8 STILL WATER CITY COUNCIL MINUTES March 19, 1996 4:30 p.m. . The Meeting was called to order by Mayor Kimble. Present: Councilmembers Bealka, Cummings, Thole, Zoller, and Mayor Kimble Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon Community Development Director Russell Police Chief Beberg Public Works Director Junker City Engineer Eckles City Clerk Weldon Press: Sharon Baker, The Courier Mike Marsnik, Stillwater Gazette STAFF REPORTS 1. FinRnce Director - Finance Director Deblon reported that Barbara Foote Johnson had requested the $1,850 received by the City from memorial donations on behalf of her deceased husband be designated for Lowell Park Improvements on the City's 1995 city financial report. She specifically requested monies be applied to the cost of a swing or gazebo. Council directed that a letter of appreciation be sent to Mrs. Johnson. Motion by Councilmember Cummings, seconded by Councilmember Zoller to adopt the appropriate resolution designating $1,850 as fund balance to be designated for Lowell Park Improvements on the 1995 financial report. (Resolution 96-76) Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None Ms. Deblon presented an update on progress of financial analysis requested by Council. c Stillwater City Council Minutes Regular Meeting March 19,1996 2. Police Chief - Chief Beberg presented January/February downtown parking officer's reports; he also presented information regarding upcoming promotions and hiring. He reported that Leo Miller resumed his duties on March 19 investigating nuisance/code violation complaints. 3. Community DevelQpment Director- Community Development Director Russell requested the City pay registration fee ($35 per person) for HPC members to attend the Minnesota Historical Society annual workshop being held in Stillwater on April 25-26. Motion by Councilmember Thole, seconded by Councilmember Zoller to approve payment of registration fees for HPC members to attend the Minnesota Historical Society Heritage Preservation Commission and Certified Local Government annual workshop. All in favor. He also reported on activities to correct sign and zoning permit violations. r OTHER BUSINESS 1. Undate: Public Use of Old Territorial Prison Site - Community Development Director Russell reported that Legislative Associates, Inc. is seeking funding for acquisition of site and repair and reconstruction of the retaining wall. He presented an update on a meeting with the Territorial Prison Reuse Study Committee, and letters ofsupport of the project. Roberta Opheim, member of the Reuse Study Committee, spoke in favor of protection of the historical significance of the area, and the need for public/private partnership that would preserve the historical significance of the area and maintain public access to the site. Mark Finneman and John Lange, Territorial Coalition Development, presented hotel reuse concept plans. 2. Preapplication for Tax Increment Finance a~sistance for Manle Island site. Mainstream RedevelO1lment Partn~hin annlicant r Vem Stefan, Mainstream Development Partnership, presented a request for tax increment 2 c r r Stillwater City Council Minutes Regular Meeting March 19, 1996 financing assistance for proposed project for development of a retail center at Maple Island site. Motion by Councilmember Thole, seconded by Councilmember Bealka to direct staff to continue working with Mainstreet Development Partnership on a request for tax increment financing assistance for development of a retail center at the Maple Island site. All in favor. RECESS Motion by Councilmember Thole, seconded by Councilmember Zoller to recess the meeting at 6:00 p.m. All in favor. Council met with the Library Board at 6:00 p.m. ATTEST: ,1:..., t~ taL...... CITY CLERK d//~ Resolutions: No. 96-76 - Designating $1850 as fund balance for Lowell Park. 3 ~ r (' Regular Meeting 96-8 STILL WATER CITY COUNCIL MINUTES March 19, 1996 7:00 p.m. The Meeting was called to order by Mayor Kimble. Present: Councilmembers Bealka, Cummings, Thole, Zoller, and Mayor Kimble Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon Community Development Director Russell Public Works Director Junker City Engineer Eckles Fire Chief Ness Consulting Engineer Hahn City Clerk Weldon Press: Mike Marsnik, Stillwater Gazette APPROVAL OF MINUTES Motion by Councilmember Thole, seconded by Councilmember Bealka to approve the minutes of the February 27,1996 Regular and Recessed Meetings. All in favor. PETITIONS. INDIVlDlJALS. DELEGATIONS & COMMENDATIONS 1. Kevin Miller Lakeview EMS - Donation of Ambulance to City. Kevin Miller, Lakeview EMS and Chuck Larson, Lakeview Hospital, presented an offer to donate 1987 Road Rescue ambulance to the Stillwater Fire Department. Motion by Councilmember Thole, seconded by Councilmember Cummings to accept the donation of a 1987 Road Rescue ambulance and authorize the appropriate staff to sign all required documents. (Resolution 96-60) Ayes- Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None OPEN FORUM Gene Decurtins, 506 West Maple, expressed concerns related to race cars being constructed in a residential area. He requested an ordinance against such activities. {\ \ r r Stillwater City Council Minutes Recessed Meeting March 19, 1996 Motion by Councilmember Thole, seconded by Councilmember Zoller to direct Officer Miller to investigate a resident's complaint of race cars being constructed in a residential area. All in favor. CONSENT AGENDA Motion by Councilmember Thole, seconded by Councilmember Zoller to add a 1-3 Day Temporary on-sale liquor license for St. Mary's Church to the consent agenda and to move approval of the consent agenda for March 19, 1996, including the following: (All in favor) 1. Resolution 96-56 Directing Payment of Bills. 2. Utility bill adjustment. 3. Resolution 96-57, Change Order 28660-1, UBC; and Resolution 96-58, Change Order 25950-4, UBC. 4. Contractors Licenses: Miller Excavating, renewal; Jeanette & Sons Excavating, renewal; Balsam Tree & Shrub Care, Inc., new; Max Steininger Inc., excavation, new; Northland Concrete and Masonry, new; and Wallmaster Home Improvements, renewal. 5. Resolution 96-61 Approving retainer for City Attorney. 6. Purchase of calculator - Finance Department. 7. Purchase new Kubota Tractor and Mower Deck - Parks Department. 8. Stillwater Public Library 1996 Capital Budget - Release of Funds. 9. Purchase ofMika Copier Machine - Fire Department. 10. Resolution 96-59, Permanent Employment of Assistant Fire Chief Robert C. Barthol. 11. Request for leave - Nick Chavez. 12.1-3 Day Temporary on-sale liquor license - St. Mary's Church. PUBLIC HEARINGS 1. Case No. SUP/96-9. This is the day and time for the public hearing to consider a request from ABS Company for the construction of a 10,459 square foot industrial/commercial building with dry flood proofing of building areas below the regulated flood protection elevation in the Central Business District, CBD, Flood Plain Overlay Zoning District, located at 450 North Main Street. Jim Kellison, applicant. Notice of the hearing was placed in the Stillwater Gazette on March 8, 1996, and notices mailed to affected property owners. Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt the appropriate resolution approving the Conditional Use Permit for reconstruction of building areas below the regulated flood protection elevation in the Central Business District, CBD, Flood Plain Overlay Zoning District, located at 450 North Main Street, as conditioned and including all findings appropriate to those in ordinance regulating flood plains. (Resolution 96-62) 2 r r (' Stillwater City Council Minutes Recessed Meeting March 19, 1996 Ayes- Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 2. L.1. 320, 1996 Street Improvement Projects. This is the day and time for the public hearing to consider the making of an improvement of various streets by construction and reconstruction of roadways, storm sewer, sidewalk and sewer and water, pursuant to MN Statutes, Section 429.011 to 429.111. The area proposed to be assessed for such improvement is all property bordering on the following streets: Nightingale Blvd. from Marine Circle to Northland Ave.; Wildcrest Lane from Nightingale Blvd. to Northland Blvd.; Hillside Lane from Hidden Valley Lane to Croixwood Blvd.; Maryknoll Drive from Interlachen Drive to County Road 12; Bayberry Ave. from Hawthorne Lane to Maryknoll Ave.; Interlachen Drive from Northland Ave. to Maryknoll Drive; Interlachen Court from Interlachen Drive south to the end; Tamarack Court from Interlachen Drive north to the end; Cottonwood Court from Interlachen Drive north to the end; Edgewood Avenue from Croixwood Blvd. north to Interlachen Drive; Edgewood Court from Edgewood Ave. west to the end; Fairlawn Drive from Croixwood Blvd. to Edgewood Ave.; School Street from North Third Street east, approximately 175 lin. ft. Notice of the hearing was placed in the Stillwater Gazette on March 8 and 15, 1996, and notices mailed to affected property owners. City Engineer Eckles gave a brief overview. He reported several calls had been received from residents on Tamarack, Cottonwood, and Bayberry, requesting these .streets be deleted from the project because the streets are in good repair. He also reported that a request to be included in the project was received from Ron Lahner, 116 E. School Street, and resident had signed an agreement of Assessment and Waiver of Irregularity and Appeal, agreeing to pay 100 percent of the costs, based on current estimates. Consulting Engineer Hahn presented the report. Mayor Kimble suggested that all comments regarding School Street be heard at this time. Ron Lahner, 116 East School Street stated he was aware of neighbors' concerns regarding drainage and was working with the City Engineer to address those concerns. The following with property abutting School Street expressed concerns regarding drainage issues: Tom Thueson, representing mother Dorothy Thueson, 621 North 3rd Street; Mike Curtis, representing mother Ann Curtis; Dan MacDonald, 118 East Laurel Street. 3 (" r r Stillwater City Council Minutes Recessed Meeting March 19, 1996 Motion by Councilmember Thole, seconded by Councilmember Zoller to approve the addition of School Street to L.1. 320, 1996 Street Improvements, contingent upon resolution of drainage issues. Ayes - 4; Nays - 1, Councilmember Cummings. Comments regarding other streets: Rio Bailey, 2577 Bayberry Ave. stated reconstruction not necessary and asked for clarification on how assessments are calculated. Becky Grafenstein, 2570 Bayberry Ave., expressed concerns with maintenance and original construction of street. Jeff Hill, 600 Northland Place, stated cracks showed upon on his street shortly after resurfacing. He asked if there was a developed plan for street improvements. Staff explained that a pavement management program was in place. Jim Larson, 186 Cottonwood Court, stated that his road is in good condition and does not need work. He requested more routine maintenance. Betty Nelson, Fairlawn & Croixwood, stated Fairlawn is in good condition and did not feel it needed any work. She also asked how assessments for corner lots were determined. Staff reported that one half of each street is assessed when that street is done. Ann Caturia, 2835 Wildcrest Lane, asked what work was proposed for Wildcrest at Nightingale. Bob Rafferty, 3078 Edgewood Avel, felt firm dollar amounts to be assessed should be complied before hearing Staff explained that the project is not designed until after this hearing where project scope is determined, the numbers are compiled for the assessment hearing. Bob Boettcher, 658 Nightingale, stated he was pleased storm sewer work was included. Dave ZinschIag, 725 Nightingale, asked if sidewalks were being added on his street. Staff responded that no sidewalks were included at his location. Only repairs were being done on existing sidewalks included in this project. Mark Gates, Tamarack Court, felt street is in good repair. 4 {'. (' r Stillwater City Council Minutes Recessed Meeting March 19, 1996 (Council recessed at 8:45 p.m. and reconvened at 9:07 p.m.) Don Kelsen, 167 Tamarack Court requested more routine maintenance. Diana Johnson, 2576 Bayberry, also stated Bayberry was in good condition and does not need to be in the project. Leonard Feeley, 183 Cottonwood Court, stated he is in favor of the project. He wanted any construction to be of substantial quality. Mayor Kimble closed the public hearing. Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt the appropriate resolution ordering the Improvement and Preparation of Plans, L.I. 320. (Resolution 96-63) Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None Council directed the City Engineer to re-examine Cottonwood, Bayberry and Tamarack, and authorize deletion from the project if appropriate. Motion by Councilmember Thole, seconded by Councilmember Zoller to approve the addition of School Street to L.1. 320, 1996 Street Improvements, contingent upon resolution of drainage issues. Ayes - 4; Nays - 1, Councilmember Cummings. UNFINISHEO BUSINESS 1. Possible second TPAtiinQ of ordinAnr.e establi~hinv stonn water utility. Council directed that a purpose statement for dedication of funds be included. Motion by Councilmember Thole, seconded by Cummings to have a second reading of an ordinance establishing a storm water utility as amended. Ayes- Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 2. Adoption ond IlllPlementation of Storm Water Utility Policy. 5 ~' r r Stillwater City Council Minutes Recessed Meeting March 19,1996 City Engineer Eckles summarized the storm water utility policy and explained formulas for determining rate structure. He reported establishment of storm water utility would provide the City with the opportunity to fund the maintenance and improvement of the city storm water system. Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt the appropriate resolution adopting a Storm Water Utility Policy. (Resolution 96-64) Ayes- Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt the appropriate resolution establishing a Base Charge as a rate for Storm Water Drainage Utility. (Resolution 96- 66) Ayes- Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 3. I1pdate: Cn"1Pl'P.hP.11~ive Plan. Community Development Director Russell reported the following additional information had been requested by Met Council before the Met Council would determine the Comprehensive Plan submittal information to be complete: Regional Road Classification Map; Road Access Spacing Guidelines; Revised Sanitary Sewer Component (Appendix B); and resolution committing City to develop on-site sewer inspection program. Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt the appropriate resolution committing the City of Stillwater to submit to the Metropolitan Council an Amendment to the City's Official Controls by adopting a biennial inspection requirement for on- site septic systems. (Resolution 96-65) Ayes- Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None NEW BUSINESS 1. Resolution Re]Jlhna to FinJlndnil of CertJl1n PrQnosed Protects to be T TnclP.rtSlIcp.n by the Citv: Establi~h;"i Comnlianl'.e with Reimhu.-ment Bond R~lllllations Under the Internal Revenue ~ 6 c r (', Stillwater City Council Minutes Recessed Meeting March 19, 1996 Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt the appropriate resolution relating to Financing of Certain Proposed Projects to be Undertaken by the City; Establishing Compliance with Reimbursement Bond Regulations Under the Internal Revenue Code. (Resolution 96-67) Ayes- Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 2. Resolution Annrovin~ Construction MllIl84!er Contract. Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt the appropriate resolution approving the Construction Manager Contract with GWO Construction for the City Hall Building Project. (Resolution 96-68) Ayes- Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 3. Resolution Approvinl! Annlication G-l for construction manal!ement services (GWOt Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt the appropriate resolution approving Application G-l for construction management services (GWO). (Resolution 96-69) Ayes- Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 4. Resolution Annrovin~ Con.~truction Contracts for City Hall Project. Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt the appropriate resolution approving construction Contracts for City Hall Project. (Resolution 96-70) Ayes- Councilmembers Cummings, Thole, Zoller and Mayor Kimble Nays - Bealka 5. Hirinll of Envineerinll Intern. City Engineer Eckles explained the University of Minnesota program that matches students with summer employers. This person could assist with inventories and inspections, realizing significant cost savings for projects. 7 ~. ",-", r {' Stillwater City Council Minutes Recessed Meeting March 19, 1996 Motion by Councilmember Thole, seconded by Councilmember Zoller to authorize staff to work with the University of Minnesota Career Development Program to hire a temporary engineering aid. All in favor. 6. Met Connr.il Volunteer Laic" Monitorin~ Prol!rarn City Engineer Eckles explained the City's past participation and recommended continued monitoring of Lily Lake. Motion by Councilmember Bealka, seconded by Councilmember Zoller to adopt the appropriate resolution approving he intergovernmental agreement with Metropolitan Council for partnership in the 1996 volunteer lake monitoring program. Ayes - 4; Nays - 1, Councilmember Cummings. 7. Resolution AWrovinl! lease renewals for Stillwater Yacht Club. Motion by Councilmember Thole, seconded by Councilmember Cummings to table the lease renewals for Stillwater Yacht Club until the Levee Wall project schedule is determined. All in favor. 8. Resolution Approvinl! Am"ndatorv Rider (MIl) to increase eowlovee life in~llmnr.e nolil;Y. Motion by Councilmember Bealka, seconded by Councilmember Thole to adopt the appropriate resolution approving the Amendatory Rider (MIl) to increase employees' life insurance policy. (Resolution 96-72) Ayes- Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 9. Resolution Annrovinl! Al!reem"nt with Municipal Code CO\1loration for rE:publication of City Code Anc1 sQ.nnlement service. Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt the appropriate resolution approving the Agreement with Municipal Code Corporation for republication of City Code and supplement service. (Resolution 96-73) Ayes- Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 8 o \ {' r Stillwater City Council Minutes Recessed Meeting March 19, 1996 (Council recessed at 10:15 p.m. and reconvened at 10:25 p.m.) Mayor Kimble presented information and request from the Internet Task Force. Dennis Malia, SAHS physics club, presented a short demonstration. Motion by Councilmember Zoller, seconded by Councilmember Thole to adopt the appropriate resolution approving the request for Internet Task Force for following funds: 1) $500-600 startup costs; 2) $30/month to Stillwater High School Physics Club as service provider; 3) $1000 for jobs opportunity program at SAHS until end of school year; 4) up to $500 to hire a grant writer. (Resolution 96-74) Ayes - Councilmembers Bealka, Cnmmings, Thole, and Zoller Nays - None Abstain - Mayor Kimble COMMUNICATIONS/REOUESTS 1. Board of Water Commissioners - Financial Statement for Year ended December 31,1995. 2. Letters to Lily Lake Ice Arena Manager regarding schedule of activities on Sundays. 3. Friends of Stillwater Parks - Community Roadside Landscape Partnership Program. 4. Gerrard Realty Corp. - Request for work session. Motion by Councilmember Thole, seconded by Councilmember Bealka to set a meeting with Gerrard Realty for 4:30 p.m., April 2. All in favor. 5. Pamela Turner and Peter Beyers - Pond Flooding, 1615 Johnson Drive. City Engineer Eckles suggested that Council consider hiring SEH to do a study. He will prepare a report for a later meeting. STAFF REPORTS Community Development Director Russell requested the hiring of Jerry Heppel to conduct research for downtown parking survey to establish a downtown parking district. Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt the appropriate resolution authorizing the hiring of Jerry Heppel to conduct a downtown parking survey study for two weeks for a maximum of $1 ,000. (Resolution 96-75) 9 r "- - ,'" , (\ \ Stillwater City Council Minutes Recessed Meeting March 19,1996 Ayes- Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None City Coordinator Kriesel reported that staffhas been meeting with Short Elliott Hendrickson to resolve disputed amounts of unpaid invoices for engineering services related to L.I. 257, Downtown Reconstruction project. He stated that staff recommends payment of $149,000, and if payment is made, it be in full settlement of the amount due SEH for L.I. 257. Motion by Councilmember Thole, seconded by Councilmember Bealka to authorize payment in the amount of $149,000, contingent upon receipt of signed release from SEH. All in favor. (Councilmember Cummings was absent) ADJOIJRNMENT Motion by Councilmember Thole, seconded by Councilmember Zoller to adjourn to executive session to discuss labor relations negotiations at 11 :40 p.m. All in favor. ~~ ATTEST: ~ )..J.~.J ""i CI CLERK Resolutions: No. 96-56 - Directing Payment of Bills. No. 96-57 - Change Order 28660-1, UBC. No. 96-58 - Change Order 15950-4, UBC. No. 96-59 - Permanent Employment of Asst. Fire Chief Robert C. Barthol. No. 96~0 - Accepting the donation of an ambulance and authorize the appropriate staff to sign all required documents. No. 96-61 - Approving retainer for City Attorney No. 96-62 - Approving Conditional Use Permit for reconstruction of building areas below the regulated flood protection, 450 North Main Street. No. 96-63 - Ordering Improvement and Preparation of Plans, L.I. 320. No. 96-64 - Adopting Storm Water Utility Policy. No. 96-65 - Submitting to the Metropolitan Council an Amendment to the City's Official Controls by adopting a biennial inspection requirement for on-site septic systems. 10 (' (". r Stillwater City Council Minutes Recessed Meeting March 19, 1996 No. 96-66 - Establishing Base Charge as rate for Storm Water Drainage Utility. No. 96-67 - Relating to Financing of certain proposed projects to be undertaken by the City, establishing compliance with Reimbursement Bond Regulations. No. 96-68 - Approving Construction Manager contract with GWO Construction for City Hall Building Project. No. 96-69 - Approving Application G-l for construction management services (GWO). No. 96-70 - Approving Construction contracts for City Hall Project. No. 96-71 - Approving intergovernmental agreement with Met Council for partnership in the 1996 volunteer lake monitoring program. No. 96-72 - Approving Amendatory Rider (MIl) to increase employees life insurance policy. No. 96-73 - Approving agreement with Municipal Code Corporation for republication of City Code and supplement service. No. 96-74 - Approving request ofIntemet task force for funding. No. 96-75 - Authorizing hiring of Jerry Heppel to conduct downtown parking survey study. 11