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STILLWATER CITY COUNCIL
CITY COUNCIL MEETING NO. 96-26
October 15, 1996
SPECIAL MEETING
4:30 P.M.
The Meeting was called to order by Mayor Kimble
Present: Councilmembers Bealka, Cwnmings, Thole, Zoller and Mayor Kimble
Also Present: City Coordinator Kriesel
City Attorney Magnuson
City Engineer Eckles
Finance Director Deblon
Fire Chief Ness
Chief Beberg
Administrative Assistant Cordes
City Clerk Weldon
Ed Cain, Legislative Associates
Press:
Mike Marsnik, Stillwater Gazette
Julie Kink, The Courier
1. Pedestrian Path. Autumn Wood Addition
Richard Miller, 801 Autumn Way, expressed safety concerns with the current design of
the pathway.
City Engineer Eckles presented three recommendations for adding safety features to the
trailway design: install barrier at top of trail which would require bikers to dismount in
order to pass; signage cautioning of steep grade; and row of bushes near bottom to
dissuade cross cutting out on to the driveway. These modifIcations would be installed at
city expense.
Motion by Councilmember Thole, seconded by Councilmember Zoller directing the pedestrian
walkway through Autumn Wood Addition be installed in same location with safety
modifIcations. All in favor.
2. ReQJ1est for parkini restrictions - Forest Hills
Angie and Mike Steinbach, 1501 S. Harriet, and Bill Kindseth, 705 W. Orleans, requested
parking restrictions be added in the Forest Hills area near the Stillwater Junior High due
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to traffic congestion during school activities.
Chief Beberg presented options and recommendations.
Council directed staff to work the school district regarding alleviating parking problems
near Stillwater Junior High School.
Council also directed additional "No parking:' signage be installed on south side of
Orleans Street between S. Harriet Street and S. Fourth Street and on north side of Harriet
as necessary to provide clear visibility at corner.
Motion by Councilmember Cummings, seconded by Councilmember Thole adopting Resolution
96-250, designating north side of Orleans Street between S. Harriet Street and South Everett
Street as "No Parking".
Ayes: Councilmembers Bealka, Cwnmings, Zoller and Mayor Kimble
Nays: None
STAFF REPORTS
1. Police Chief -
ChiefBeberg informed Council the Washington County Sheriff's Office had purchased an
electronic sign board which displays the speed of the approaching motorist. The board
will be used for speed control at various locations within the county and was currently
positioned on Myrtle Street.
2. Citr Coordinator -
City Coordinator Kriesel requested authorization to provide flu shots to City employees
to reduce illness-related employee absence.
Motion by Councilmember Thole, seconded by Councilmember Zoller authorizing providing flu
immunizations to City employees. All in favor.
Mr. Kriesel requested Council recess to executive session after 4:30 meeting to discuss
labor relations issues, condemnation of house, and pending litigation.
Administrative Assistant Cordes reported the Suburban Rate Authority (SRA) had
offered the City an associate membership. She stated the SRA is ajoint powers
organization consisting of 33 Twin Cities suburban cities and acts primarily as a lobbying
instrument before the Minnesota Legislature and the Public Utilities Commission and
monitors regulation of utility services.
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Motion by Counciimember Thole, seconded by Counciimember Bealka to adopt Resolution 96-
249, authorizing participation in the Suburban Rate Authority and designating a representative of
the City.
Ayes: Councilmembers Bealka, Cummings, Zoller and Mayor Kimble
Nays: None
Mr. Kriesel provided Council a copy of a MnDOT news release stating a possible delay
in the letting of bids for the new St. Croix River Bridge due to Federal review. He stated
he had requested Ed Cain, Legislative Associates, to investigate the cause and determine
what could be done to assist the process to remain on schedule.
Mr. Cain reported on the lawsuit fIled by the Sierra Club and Voyagers Region National
Park Association and the reclassifIcation of the project as a "water resources" project by
the National Park Service.
Motion by Councilmember Thole, seconded by Councilmember Cwnmings directing staff
prepare letter of objection to the Park Service's interpretation of classifIcation of the new St.
Croix River Bridge and directing letters be sent to members of the Congressional delegation and
appropriate agencies. 4-0-1 (Zoller abstain)
Motion by Councilmember Thole, seconded by Councilmember Cwnmings to recess to
executive session at 5:40 p.m. All in favor.
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Attest:
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City Clerk
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STILLWATER CITY COUNCIL
CITY COUNCIL MEETING NO. 96-26
October 15, 1996
REGULAR MEETING
7:00 P.M.
The meeting was called to order by Mayor Kimble.
Present: Councilmembers Bealka, Cwnmings, Thole, Zoller and Mayor Kimble
Also present: City Coordinator Kriesel
City Attorney Magnuson
City Engineer Eckles
Finance Director Deblon
Engineering Technician Moore
Planner Fitzgerald
City Clerk Weldon
Press: Mike Marsnik, Stillwater Gazette
Julie Kink, The Courier
APPROVAL OF MINUTES
Motion by Councilmember Thole, seconded by Councilmember Bealka to approve the minutes
of October 1, 1996 Regular and Recessed Meetings. All in favor.
PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS
1. lW With People - Advance Team
Three members of "Up With People" international cast were present to promote their
upcoming Nov. 2 performance in Stillwater. They explained the Stillwater performance
was being sponsored by two local businesses but host families were still needed to house
the students during the week of Oct. 30 - Nov. 3. Mayor Kimble encouraged residents to
host the students and also attend the performance on Nov. 2.
CONSENT AGENDA
Motion by Councilmember Thole, seconded by Councilmember Bealka to approve consent
agenda.
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Ayes: Councilmembers Bealka, Cummings, Zoller and Mayor Kimble
Nays: None
1. Directing Payment of Bills. (Resolution No. 96-245)
2. Dissolving Joint Powers Agreement - BCWMO. (Resolution No. 96-247)
3. 1-4 day temporary on-sale liquor license - Early Childhood Education Silent Auction.
4. Accepting Work and Approving Final payment to Hydrocon for Wildwood Pines 5th.
Addition, L.1. 309, and Calibre Ridge, L.1. 313. (Resolution No. 96-246)
5. A VI Change Order No.1, City Hall Building Project. (Resolution No. 96-248)
6. Proposal Request No. 18, City Hall Building Project.
PUBLIC HEARINGS
1. This is the day and time for the assessment hearing for Pine Street Improvements, L.1. 295
Notice of the hearing was placed in the Stillwater Gazette on September 30,1996, and notices
mailed to affected property owners.
Eckles provided information on the project.
The Mayor opened the public hearing.
Shelby Prentiss, 1216 W. Pine St., expressed concerns with lack of notifIcation of water
service replacement and cost of the project. She also requested extra police patrol and
stop signs for speed control.
George Anders, 1210 W. Pine Street, stated the cost for water service was too high, there
was no notifIcation of water service replacement, there was damage to his home and
property as a result of the project, and he was not satisfIed with the quality of work.
Jim Tibbetts, 502 S. Hemlock Street, expressed satisfaction with the project and felt the
job was well done.
Geofrey McCarthy, 1304 Pine Street, stated he had opposed the sidewalk because it
reduced his privacy and stated he did not want a bike path on the same side as the
sidewalk. He also expressed dissatisfaction with some broken areas in the apron and
curb.
Richard Hill, 1619 W. Pine, reported the sodding trucks were driving over the sidewalks
and causing damage, but overall felt the job was well done and staff had quickly and
honestly answered his questions and concerns during the project.
Joel Button, 1509 Pine Street, stated he was impressed with the improvement and had no
damage to his property.
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Chester Prentiss, 1216 W. Pine St., questioned why the power poles were not in a straight
line. Tim Moore explained the line of placement was adjusted because of underground
gas and water lines.
The Mayor told the residents to contact the engineering department with any
construction/quality concerns.
The Mayor closed the public hearing.
Motion by Councilmember Cummings, seconded by Councilmember Zoller adopting Resolution
96-251, Adopting Assessment for Pine Street Improvements, L.1. 295.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays: None.
NEW BUSINESS - taken out of order.
2. Development Contract with ISD 834.
City Attorney Magnuson swnmarized the contract. Mr. Dan Parker, Business Manager
for ISD 834, was present for questions.
Motion by Councilmember Thole, seconded by Councilmember Cwnmings adopting Resolution
No. 96-252, approving development contract relating to a new elementary school between the
City of Stillwater and ISD No. 834.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays: None.
The Mayor recessed the meeting at 8:20 p.m.
Reconvened at 8:35 p.m.
PUBLIC HEARINGS (CONTINUED)
2. This is the day and time for the assessment hearing for Yacht Club Improvements, L.1. 319.
Notice of the hearing was placed in the Stillwater Gazette on September 30, 1996, and notices
mailed to affected property owners.
City Coordinator Kriesel explained the StillWater Yacht Club had petitioned the city for
additional dredging improvements, but this roll dealt only with dredging completed in
1995.
The Mayor opened the public hearing. There were no requests to be heard. The Mayor
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closed the public hearing.
Motion by Councilmember Thole, seconded by Councilmember Cummings adopting Resolution
96-253, Adopting Assessment for Yacht Club Improvements, L.I. 319.
Ayes: Councilmembers Bealka, Cwnmings, Thole, Zoller and Mayor Kimble.
Nays: None.
3. This is the day and time for the assessment hearing for Good Samaritan Improvements, L.I.
317. Notice of the hearing was placed in the Stillwater Gazette on September 30, 1996, and
notices mailed to affected property owners.
City Engineer Ec\des reported Good Samaritan Center had signed a Petition and Waiver
for these improvements.
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The Mayor opened the public hearing. There were no requests to be heard. The Mayor
closed the public hearing.
Motion by Councilmember Cummings, seconded by Councilmember Thole adopting Resolution
No. 96-254, Adopting Assessment for Good Samaritan Improvements, L.I. 317.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays: None.
4. This is the day and time for the assessment hearing for Stefan Alley Improvements, L.I. 312-1
Notice of the hearing was placed in the Stillwater Gazette on September 30, 1996, and
notices mailed to affected property owners.
City Engineer Eckles reported an objection had been received based on a previous
memorandum of agreement with the property owners. He recommended the assessment
role be amended to reflect the original agreement as follows: Main Street Development
Partnership $2,207.75 and Dale Sicard $2,580.25.
Motion by Councilmember Thole, seconded by Councilmember Cummings amending the
Assessment roll for L.I. 317 as follows: Main Street Development Partnership $2,207.75 and
Dale Sicard $2,580.25. All in favor.
Motion by Councilmember Thole, seconded by Councilmember Cummings adopting Resolution
No. 96-255, Adopting Assessment for Stefan Alley Improvements, L.I. 312-1, as amended.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays: None.
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5. This is the day and time for the assessment hearing for Wildwood Pine Improvements, L.l.
309 and Lot 5, Block I, Wildwood Pines 5th Addition of L.I. 305, Pine Hill Estates.
(Continued from Oct. 1). Notice of the hearing was placed in the Stillwater Gazette on
September 19, 1996, and notices mailed to affected property owners.
City Engineer Eckles reported the developer was requesting a reduction of $1 ,500 per lot
due to the depth of the sewer. He explained SEH, engineer for the project, had already
paid the developer out of pocket costs incurred to provide sewer service to the previously
sold lots.
Staff recommended the unsold lot, Lot 7, be reduced by $1,500, but no reductions be
made on previously sold lots.
The Mayor opened the public hearing.
Bill Lecuyer, developer, presented his request for reduction of assessment because
defective design of the sewer had reduced the value of his lots. He stated he estimated
the loss of value of the unsold lot (Lot 7) to be $6,000.
The Mayor closed the public hearing.
Motion by Councilmember Cummings, amending the Assessment roll for Wildwood Pines
Improvements, L.l. 309 as follows: reduce each lot by $1500. Died for lack of second.
Motion by Councilmember Thole, seconded by Councilmember Bealka amending the
Assessment roll for Wildwood Pine Improvements, L.l. 309 as follows: Reduce Lot 7, Block 1
by $3000. 2-3 (Zoller, Cummings, Kimble-nay) Motion failed.
Motion by Councilmember Cwnmings, seconded by Councilmember Zoller amending the
Assessment roll for Wildwood Pine Improvements, L.l. 309 as follows: Reduce Lot 7, Block 1
by $6000. 3-2 (Thole and Bealka-nay)
Motion by Councilmember Cwnmings, seconded by Councilmember Zoller to adopt Resolution
96-256 Adopting Assessments for Wildwood Pines Improvements, L.l. 309 as amended and Lot
5, Block I, Wildwood Pines 5th Addition ofL.1. 305, Pine Hill Estates.
Ayes: Councilmembers Cwnmings, Zoller and Mayor Kimble
Nays: CounciImembers Thole and Bealka
6. This is the day and time for the reassessment hearing for tax forfeit parcel 10694-2360, L.I.
No. 220, Pine and Church Street Improvements, L.l. 266, Church Demolition, and L.l. 278,
Landscaping. Notice was mailed to affected property owners.
The Mayor opened the public hearing. There were no requests to be heard. The Mayor
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closed the public hearing.
Motion by CounciImember Thole, seconded by Councilmember Bealka to adopt Resolution No.
96-257, Adopting reassessments for parcel 10694-2360, L.I. No. 220, Pine and Church Street
Improvements, L.I. 266, Church Demolition, and L.I. 278, Landscaping.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays: None.
7. This is the day and time for the assessment hearing for 1995 Sidewalk Improvements, L.I.
310. Notice of the hearing was placed in the Stillwater Gazette on September 30, 1996, and
notices mailed to affected property owners.
City Engineer Eckles reviewed the project.
The Mayor opened the public hearing.
Tammy Willkom, 617 Wilkins, stated the cost was too high and could have been done at
less cost by the property owner. She did not recall receiving the original public hearing
notice for the project.
Sharon Hindah1, 614 W. Wilkins, was also concerned with the high cost and did not
recall receiving notice of the fIrst public hearing for the project.
Dean Miller, 622 N. 3rd, requested the contractor remove graffiti written in the sidewalk
before the concrete set. Mr. Eckles stated the contractor can rub out most of the imprint
and reseal that portion of the sidewalk.
John Roddy, 409 Maple, did not oppose the assessment but requested one section that
was part of the project last year be replaced because of cracking.
The Mayor closed the public hearing.
Motion by Councilmember Cwnmings, seconded lly Councilmember Thole to adopt Resolution
No. 96-258 Adopting Assessments for 1995 Sidewalk Improvements, L.I. 310.
Ayes: Councilmembers Bealka, Cwnmings, Thole, Zoller and Mayor Kimble.
Nays: None.
8. This is the day and time for the assessment hearing for 1996 Street Improvements, L.I. 320.
Notice of the hearing was placed in the Stillwater Gazette on September 30, 1996, and notices
mailed to affected property owners.
City Engineer Eckles reviewed the project.
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The Mayor opened the public hearing.
The following expressed concerns with the high cost, stating they felt they were paying
for more than received on their street:
Delores Wettstein, 2666 Fairlawn Drive; Betty Nelson, 2651 Fairlawn Drive; Ed Ziemek,
2621 Fairlawn Drive; Lester Bruning, 425 Edgewood.
Dave Zinschlag, 725 Nightingale, was not opposed to the assessment, but was concerned
with the higher speed of cars now that the road was in good condition.
The Mayor closed the public hearing.
Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt Resolution No.
96-259, Adopting Assessments for 1996 Street Improvements, 1.1. 320.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays: None.
Recess at 10.10 p.m. Reconvene at 10:20 p.m.
9. This is the day and time for the assessment hearing for Kutz Addition Improvements, 1.1.
308. Notice of the hearing was placed in the Stillwater Gazette on September 30, 1996, and
notices mailed to affected property owners.
City Engineer Eckles reported the developers had signed a Petition and Waiver for these
improvements. He explained the costs were higher than expected mainly because the
project had to be carried over one year.
The Mayor opened the public hearing. There were no requests to be heard. The Mayor
closed the public hearing.
Motion by Councilmember Cummings, seconded by Councilmember Thole to adopt Resolution
No. 96-260 Adopting Assessments for Kutz Addition Improvements, 1.1. 308.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays: None.
10. This is the day and time for the assessment hearing for Calibre Ridge Improvements, 1.1.
313. Notice of the hearing was placed in the Stillwater Gazette on September 30, 1996, and
notices mailed to affected property owners.
City Engineer Eckles reported the developers had signed a Petition and Waiver for these
improvements. He explained the costs were higher than the estimate because the
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developer did not complete the grading; the City completed the work and assessed it to
the project.
The Mayor opened the public hearing. There were no requests to be heard. The Mayor
closed the public hearing.
Motion by Councilmember Cwnmings, seconded by Councilmember Thole to adopt Resolution
No. 96-261, Adopting Assessments for Calibre Ridge Improvements, L.1. 313.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays: None.
UNFINISHED BUSINESS
I. Update: Gerrard Realty interest in UBC site
City Coordinator Kriesel reported a letter had been received from Gerrard Realty
announcing the Corporation is no longer interested in purchasing the former UBC
Lumber site.
2. Request for Proposal (RFP) for sale ofUBC site
City Coordinator Kriesel presented a request from Community Development Director for
approval of the Request for Proposal for the former UBC site and authorize staff to
advertise the availability of the site.
Motion by Councilmember Thole, seconded by Councilmember Bealka approving the request for
proposal for sale of city owned land (former UBC Lumber site) and directing staff to advertise
the availability of the site. All in favor.
NEW BUSINESS
1. Adopting delinquent utilities, L.1. 001
Motion by Councilmember Cummings, seconded by Councilmember Thole to adopt Resolution
No. 96-262, Adopting delinquent utilities, L.1. 00 I.
Ayes: Councilmembers Bealka, Cwnmings, Thole, Zoller and Mayor Kimble.
Nays: None.
2. Development Contract with ISD 834
Action taken earlier in meeting.
3. Development Contract, Interlachen Hills Third Addition.
City Engineer Eckles reported staff and the developer had agreed to modifIcations to the
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agreement. Council approved of the modifIcations, contingent upon City Attorney approval.
Jim Peterson, Trail Head Development, was present.
Motion by Councilmember Cummings, seconded by Councilmember Bealka to adopt
Resolution No. 96-263 Approving Development Agreement with Trail Head Development
Corporation for Interlachen Hills 3rd Addition, as amended.
Ayes: Councilmembers Bealka, Cwnmings, Thole, Zoller and Mayor Kimble.
Nays: None.
PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS (continued)
COMMUNICA TIONS/REOlJESTS
I. Charter Commission - Request for workshop.
Motion by Councilmember Thole, seconded by Councilmember Bealka to set workshop with
Charter Commission for 4:30 p.m. October 29, 1996. All in favor.
COUNCIL REOUEST ITEMS
STAFF REPORTS (continued)
City Coordinator Kriesel presented proposal from Bonestroo Rosene Anderlik &
Associates for engineering and architectural services for ice arena planning and design.
Motion by Councilmember Cummings, seconded by Councilmember Thole directing staff to
prepare a report and recommendations for engineering and architectural services for the
construction of a sports facility for the meeting of October 29. All in favor.
Mr. Kriesel presented request from Park Director Thomsen to purchase $30,000 of play
equipment for Sunrise Park, as in budget.
Motion by Councilmember Cwnmings, seconded by Councilmember Thole authorizing purchase
of play equipment for Sunrise Park. All in favor.
ADJOlJRNMENT
Motion by Councilmember Cummings, seconded by Councilmember Thole to adjourn at 10:45
p.m. All in favor.
Attest:
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Resolutions:
Resolution 96-245: Directing Payment of Bills.
Resolution 96-246: Accepting Work and Approving Final payment to Hydrocon for Wildwood
Pines 5th Addition, L.I. 309, and Calibre Ridge, 1.1. 313
Resolution 96-247: Dissolving Joint Powers Agreement - BCWMO
Resolution %- 248: A VI Change Order No.1, City Hall Building Project
Resolution 96-249: Authorizing participation in the Suburban Rate Authority and designating a
representative of the City.
Resolution 96-250: Designating north side of Orleans Street between S. Harriet Street and
South Everett Street as "No Parking".
Resolution 96-251: Adopting Assessment for Pine Street Improvements, 1.1. 295.
Resolution 96-252: Approving development contract relating to a new elementary school
between the City of Stillwater and ISD No. 834.
Resolution 96-253: Adopting Assessment for Yacht Club Improvements, 1.1. 319.
Resolution 96-254: Adopting Assessment for Good Samari,tan Improvements, 1.1. 317.
Resolution 96-255: Adopting Assessment for Stefan Alley Improvements, L.I. 312-1, as
amended.
Resolution 96-256: Adopting Assessments for Wildwood Pines Improvements, 1.1. 309 as
amended and Lot 5, Block 1, Wildwood Pines 5th Addition of 1.1. 305, Pine Hill Estates.
Resolution 96-257: Adopting reassessments for parcel 10694-2360, 1.1. No. 220, Pine and
Church Street Improvements, 1.1. 266, Church Demolition, and 1.1. 278, Landscaping.
Resolution 96-258: Adopting Assessments for 1995 Sidewalk Improvements, 1.1. 310.
Resolution 96-259: Adopting Assessments for 1996 Street Improvements, 1.1. 320.
Resolution 96-260: Adopting Assessments for Kutz Addition Improvements, 1.1. 308.
Resolution 96-261: Adopting Assessments for Calibre Ridge Improvements, 1.1. 313.
Resolution 96-262: Adopting delinquent utilities, 1.1. 00 1.
Resolution 96-263: Approving Development Agreement with Trail Head Development
Corporation for Interlachen Hills 3rd Addition, as amended.
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