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HomeMy WebLinkAbout2018-10-16 CC MIN i i Iva ter 216 4th Street N, Stillwater, MN 55082 651-430-8800 The Birthplace of Minnesota www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES October 16,2018 SPECIAL MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:35 p.m. Present: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Absent: None Staff present: City Administrator McCarty City Attorney Land City Clerk Ward OTHER BUSINESS Discussion on Liquor Ordinance Update City Attorney Land reviewed the updates to the current Chapter 43,Liquor of the City Code. The consensus of Council was that an hearing officer should be the venue for the appeals for the liquor violations,not the City Council. City Attorney Land indicated that there may be a requirement to notify liquor license holders of the ordinance changes, if that is the case the notice would be sent before the scheduling first and second reading of the ordinance. City Clerk Ward stated there are approximately 50 off-sale and on-sale liquor licenses in the City. Health insurance options for retirees City Administrator McCarty reported that City staff has worked with CBIZ, the City's health insurance consultant, and representatives of Blue Cross/Blue Shield of MN to develop an optional hospital/medical insurance plan for Medicare eligible retirees that provides the same or better coverage at less cost to the City. He explained the proposed plan would save the City about $20,000 a year for each family covered. The only retirees eligible are those who are currently on Medicare Part A&B,roughly half the current group of retirees.A number of retirees did not sign up for Medicare Part B because of the understanding they would have health insurance for life through the City. Staff must work through whether they may now sign up for Medicare. The plan would be optional. Staff would contact all eligible retirees to invite them to information sessions for a comparison of current plans versus the optional new plan. He will check into whether there is a penalty for those who did not sign up for Medicare Part B and whether or not the City could cover that penalty or somehow bridge that gap. Councilmember Weidner asked if the City can require all covered retirees to switch to the new plan, if it does not work to the detriment of the retirees or the City. City Attorney Land stated the new plan cannot be made mandatory according to what she learned in another city. Councilmember Weidner stated he would like to check into it anyway. City Council Meeting October 16, 2018 Motion by Councilmember Menikheim, seconded by Councilmember Weidner, to adopt Resolution 2018-233, resolution approving contracts with Blue Cross Blue Shield of Minnesota for retiree group Medicare Supplement and Group Medicareblue Rx retiree Prescription Drug Plan. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, and Mayor Kozlowski Nays: None Mayor Kozlowski recessed the meeting at 5:57 p.m. REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:05 p.m. Present: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Absent: None Staff present: City Administrator McCarty City Attorney Land Police Captain Meredith Fire Chief Glaser Public Works Director Sanders Community Development Director Turnblad Library Director Troendle City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of the October 2, 2018 regular and recessed meeting minutes Motion by Councilmember Junker, seconded by Councilmember Polehna, to approve the minutes of the October 2, 2018 regular and recessed meeting. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS There were no petitions, individuals, delegations or commendations. OPEN FORUM There were no public comments. STAFF REPORTS Captain Nate Meredith informed the Council the Police Department will start using body worn cameras. Community Development Director Turnblad reported that staff is ready to release the draft 2040 Comprehensive Plan for jurisdictional review. Library Director Troendle stated that a community survey related to the strategic plan will be launched tomorrow. Page 2 of 7 City Council Meeting October 16, 2018 City Administrator McCarty stated that the League of Minnesota Cities and Metro Cities have set a regional meeting November 29 at the Brookview/Golden Valley facility. CONSENT AGENDA Resolution 2018-224, Directing the Payment of Bills Resolution 2018-225, approving the issuance of a New Wine & Strong Beer Liquor License to Mon Petit Cheri LLC, DBA: Mon Petit Cheri Resolution 2018-226, approving the issuance of a New On-sale and Sunday Liquor License to Only A Dim Image Productions, DBA: The Zephyr Theatre Resolution 2018-227, approval of agreement with SafeAssure Consultant, Inc. for OSHA and Safety Consultation Resolution 2018-228, adopting delinquent cleanup services charges (L.I. Project#00040) Resolution 2018-229, adopting delinquent parking mitigation fees (L.I. Project#00080) Resolution 2018-230, resolution adopting the Washington County All Hazard Mitigation Plan Resolution 2018-231, a resolution authorizing city staff to engage the services of a residential real estate appraiser to perform an appraisal of the properties involved in Washington County Litigation 82-CV-17-5103 Possible approval of sanitary sewer adjustments Resolution 2018-232, resolution adopting assessment for retaining wall improvements for 823 South Fifth Street(GEOCODE 3303020120014) Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt the Consent Agenda. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, and Mayor Kozlowski Nays: None PUBLIC HEARINGS A public hearing on an ordinance amending the Charter of the City of Stillwater Wally Milbrandt, Charter Commission Chair, offered to answer questions on the proposed amendments. Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adopt Ordinance No. 1115, an Ordinance amending the Charter of the City of Stillwater. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, and Mayor Kozlowski Nays: None A public hearing for the assessments associated with the 2018 Street Improvement Project (Project 2018-02) Public Works Director Sanders stated that the 2018 Street Project is nearly complete. It included 4.25 miles of roads and 376 properties.The final project cost is estimated to be$2.2 million. There were slight variations in the adjustments to the final assessment amount. The appraisal for this area showed the increased value of the improvement to be $5,000, lower than the estimated cost of the improvement. He explained the proposed assessment rates. Staff recommends adoption of Page 3 of 7 City Council Meeting October 16, 2018 the assessment roll as proposed,with a 4.25%interest rate and 10 year term. He added that a letter contesting the assessment was received from the property owner at 280 Bayberry Avenue Court. Mayor Kozlowski opened the public hearing. Dave Hoover, 280 Bayberry Avenue Court, thanked the Councilmembers for responding to his emails. He asked, since the City's contract with the contractor prescribes the work be completed by June 2019 but the assessment is due November 16, 2018, but questioned what would happen if the work is not completed by November 16. Mr. Sanders replied that stated that the contract called for substantial completion by October 31, meaning all streets paved with a minimum base course. The wear course is anticipated to be completed by June 2019. The reason for the difference in dates is to determine whether there is any settlement in the road to be repaired before the final wear course is applied. Mr. Hoover stated for the record that his concern is that if it is not complete before winter, with the level of the street lower than the curb and drain, they will have a hockey rink on Bayberry Avenue Court. Secondly he questioned the legality of the City to expect payment by November 16 for incomplete work. He also asked about the appeal process. City Attorney Land explained the statutory process in Chapter 429 for a property owner to file an appeal. Alyssa Janilla, Bayberry Avenue Court, questioned the professionalism of the contractor, saying the project dragged on and on and on. She could not use her driveway for over a week and no one came to fix it until she called. She also found trash from the contractors which stopped when she complained. Mr. Sanders replied that the contractor used surmountable curb and that the concrete must cure 5- 7 days before driving over it. The project was not done sequentially as in previous years. Councilmember Weidner acknowledged the property owners' frustrations. Mayor Kozlowski closed the public hearing. Councilmember Junker noted he got numerous complaints on the project. He pointed out that the City has used this contractor before and they have been very good. Motion by Councilmember Junker,seconded by Councilmember Polehna,to adopt Resolution 2018- 234, resolution adopting assessment for 2018 Street Improvement Project(Project 2018-02). Ayes: Councilmembers Menikheim, Junker, Weidner. Polehna, and Mayor Kozlowski Nays: None A public hearing for the assessments associated with the Third Street South Street Improvement Project (Project 2018-09) Public Works Director Sanders stated that the Third Street South Improvement Project has been completed. The project was led by Washington County and included replacement of the concrete pavement, curbs, sidewalks, retaining walls and repairs to sewer and water mains on South Third Street from Chestnut Street to Walnut Street. The total cost of the project is estimated to be $2.8 million. Staff recommends that the Council adopt the assessment role as proposed. Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Page 4 of 7 City Council Meeting October 16, 2018 Motion by Councilmember Junker, seconded by Councilmember Polehna,to adopt Resolution 2018- 235, resolution adopting assessments for South Third Street Improvement Project(Project 2018-09). Ayes: Councilmembers Menikheim, Junker, Weidner. Polehna, and Mayor Kozlowski Nays: None UNFINISHED BUSINESS Possible approval of relocation of Ice Castles to Bridgeview Park City Administrator McCarty informed the Council that on October 15, 2018, Ice Castles, LLC determined that due to numerous logistical issues related to the Lift Bridge rehabilitation project and location of contractor equipment and fencing, the Lowell Park venue will not be acceptable for the Ice Castle structure for 2018-2019.Ice Castles,LLC has now modified its event application to locate the Ice Castle structure in Bridgeview Park south of the Bergstein Buildings. Staff has not had an opportunity to review and analyze the new proposal, and therefore recommends conditional approval of the Bridgeview Park location for the 2018-2019 Ice Castles event, with details and proposed contractual provisions to be worked out between City staff and Ice Castles, LLC for final approval by the Council at a future meeting. Public Works Director Sanders noted that Public Works was not planning on plowing the upper trail due to concern about overspray that could build up,making the trail unsafe. So that will have to be changed to accommodate the Ice Castle. Motion by Councilmember Weidner, seconded by Councilmember Junker, to direct staff to continue to review the Bridgeview Park venue and bring back final logistics for possible Council approval at a future date. All in favor. NEW BUSINESS Possible approval of award of bids for St. Croix Valley Rec Center Athletic Dome Replacement City Administrator McCarty reported that bids were opened on August 16, 2018 for the St. Croix Valley Recreation Center Dome Replacement project. Unfortunately, the bids came in nearly $700,000 over budget. The City design team and Kraus-Anderson, the City's construction management firm, worked with the low bidders to identify alternatives to help bring the project under budget. With the assistance of the project design team, City staff and elected officials developed alternatives to satisfy the Brown's Creek Watershed District's stormwater volume mitigation standards while significantly reducing the City's cost. Originally anticipated as a fall 2018 project, the project will now commence in the spring of 2019. Funding sources consist of Rec Center fund balance,dome replacement set aside funds, City General Obligation Bonds,local athletic team pledges, storm water utility fund and an energy utility rebate. Staff requests that the City Council approve the low bidders. Rec Center Manager Doug Brady told the Council the project includes replacement of the dome and all mechanical equipment,which should keep the facility running for approximately the next 20 years. The soccer field will be increased to 110 yards.He added that Brown's Creek Watershed District was initially requiring all stormwater to be stored in a vault and then used as irrigation, which would have cost$300,000 additional. Councilmember Polehna and others came up with an alternative, which the Watershed District approved, bringing the cost of mitigation down to $20,000 instead of$300,000. The project will start in April with completion anticipated in July. Page 5 of 7 City Council Meeting October 16, 2018 Councilmember Polehna pointed out the remodeling will make the facility more marketable. Motion by Councilmember Polehna, seconded by Councilmember Weidner, to adopt Resolution 2018-236, Resolution approving award of bids for St. Croix Valley Recreation Center Athletic Dome Replacement. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, and Mayor Kozlowski Nays: None Possible approval of consultant for the Riverbank Stabilization and Riverwalk Project Public Works Director Sanders informed the Council that in August, the City solicited proposals for engineering services for the Riverbank Stabilization and Riverwalk Project, consisting of stabilizing the riverbank along the St. Croix from south of downtown to city limits and near the Sunnyside Marina and a new river walk from Nelson Street to the Shoddy Mill buildings. Two proposals were received. Staff recommends that the Council award the contract to AMI Consulting Engineers P.A. Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to adopt Resolution 2018-237, accepting proposal and awarding contract for engineering services to AMI Consulting Engineers P.A. for the Riverbank Stabilization and Riverwalk Project(Project 2016-06). Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, and Mayor Kozlowski Nays: None COMMUNICATIONS/REQUESTS Councilmember Polehna stated that on December 15,Beyond the Yellow Ribbon will have a hunt in Wild Wings for returning troops. Sponsors are needed. The group also is working on restoring the WWII Panels that were in the basement of the Legion. City Clerk Ward reminded the Council that the next meeting is November 13 due to November 6 being election day. COUNCIL REQUEST ITEMS There were no Council request items. ADJOURNMENT TO CLOSED SESSION FOR ATTORNEY-CLIENT PRIVILEGED COMMUNICATION UNDER 13D.05 SUBD. 3(B) TO DISCUSS PENDING LITIGATION ADJOURNMENT TO A CLOSED SESSION PURSUANT TO MINN. STAT. 13D.05 SUBD. 3(C) TO CONSIDER THE PURCHASE OF 121 E. CHESTNUT Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adjourn to closed session. All in favor. The meeting was adjourned to closed session at 7:59 p.m. Ted I oz ows ci, Mayor Page 6 of 7 City Council Meeting October 16, 2018 ATTEST: Diane F. Ward, City Clerk Resolution 2018-224, Directing the Payment of Bills Resolution 2018-225, approving the issuance of a New Wine & Strong Beer Liquor License to Mon Petit Cheri LLC, DBA: Mon Petit Cheri Resolution 2018-226, approving the issuance of a New On-sale and Sunday Liquor License to Only A Dim Image Productions, DBA: The Zephyr Theatre Resolution 2018-227, approval of agreement with SafeAssure Consultant, Inc. for OSHA and Safety Consultation Resolution 2018-228, adopting delinquent cleanup services charges (L.I. Project#00040) Resolution 2018-229, adopting delinquent parking mitigation fees (L.I. Project#00080) Resolution 2018-230, resolution adopting the Washington County All Hazard Mitigation Plan Resolution 2018-231, a resolution authorizing city staff to engage the services of a residential real estate appraiser to perform an appraisal of the properties involved in Washington County Litigation 82-CV-17-5103 Resolution 2018-232, resolution adopting assessment for retaining wall improvements for 823 South Fifth Street (GEOCODE 3303020120014) Resolution 2018-233, resolution approving contracts with Blue Cross Blue Shield of Minnesota for retiree group Medicare Supplement and Group Medicareblue Rx retiree Prescription Drug Plan Resolution 2018-234, resolution adopting assessment for 2018 Street Improvement Project (Project 2018-02) Resolution 2018-235, resolution adopting assessments for South Third Street Improvement Project(Project 2018-09) Resolution 2018-236,Resolution approving award of bids for St. Croix Valley Recreation Center Athletic Dome Replacement Resolution 2018-237, accepting proposal and awarding contract for engineering services for Riverbank Stabilization and Riverwalk Project(Project 2016-06) Ordinance 1115, an Ordinance amending the Charter of the City of Stillwater Page 7 of 7