HomeMy WebLinkAbout2002-09-17 CC MIN
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CITY OF STILLWATER
CITY COUNCIL MEETING NO 02-20
September 17, 2002
SPECIAL MEETING
4:30 P.M.
The meeting was called to order by Mayor Kimble.
Present:
Councilmember Bealka, Milbrandt, Rheinberger, Zoller and Mayor
Kimble
Absent:
None
Also present: City Administrator Hansen
City Attorney Magnuson
Public Works Director Eckles
Police Chief Dauffenbach
Community Development Director Russell
Director of Administration Knauss
City Clerk Ward
Press:
Julie Kink, Courier
Laura Brinkoetter, Gazette
OTHER BUSINESS
Territorial Prison Project
Community Development Director Russell explained that staff thought it would be
appropriate for the developers of the Territorial Prison Site to meet with Council
and possibly reaffirm mutual commitment to developing the site following the
destruction of the prison by the recent fire.
Brian Sweeney, representing Territorial Place, LLC, introduced the development
team: Robert Engstrom, Jack Buxell, and R. Michael Buelow. He stated that
the team is still committed to the project and that approximately 75% of the work
and studies that have been done can be applied to the new project. Robert
Engstrom stated that the team agrees the fabric of the project is still there,
although most of the construction will now be new. He believes a portion of the
warehouse building can be saved. Because of the loss of historic tax credits it
will be necessary to have most units for sale rather than rental. Jack Buxell
stated that the site plan would remain very similar to the original. He introduced
Ann Ketz of the 106 Group who did the archaeological studies. She informed
Council of some of the findings at the site, and stated that the fire did not destroy
the archaeological site. Michael Buelow also reaffirmed the team's enthusiasm
for the project and their commitment to going forward with project.
Page 1 of 11
City Council Meeting No. 02-20
September 17, 2002
Mr. Sweeney stated that the site plan would have to be redrawn and brought
back to Council for approval. They hope to be able to begin construction next
spring.
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Council expressed their general willingness to continue with the current
development team for development of the site.
Mayor Kimble praised and thanked the Fire Department, Police Department,
Public Works, and Water Department for their efforts during and after the fire.
Mayor Kimble recessed the meeting at 5:30 p.m.
REGULAR MEETING
7:00 p.m.
The meeting was called to order by Mayor Kimble.
Present:
Councilmember Bealka, Milbrandt, Rheinberger, Zoller and Mayor
Kimble
Absent:
None
Also present:
City Administrator Hansen
City Attorney Magnuson
Public Works Director Eckles
Police Chief Dauffenbach
Community Development Director Russell
Director of Administration Knauss
City Clerk Ward
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Press:
Julie Kink, Courier
Laura Brinkoetter, Gazette
APPROVAL OF MINUTES
Motion by Council member Rheinberger, seconded by Council member Milbrandt
to approve the minutes of the August 27, 2002 special meeting and the September 3,
2002 regular minutes as presented. All in favor.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
Proclamation - Constitution Week - September 17-23, 2002
Mayor Kimble read a proclamation proclaiming September 17-23, 2002 as
Constitution Week.
Motion by Councilmember Rheinberger, seconded by Councilmember Zoller to affirm
the proclamation proclaiming September 17-23, 2002 as Constitution Week. All in
favor.
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Page 2 of 11
City Council Meeting No. 02-20
September 17, 2002
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OPEN FORUM
David "Choc" Junker, 101 North 4th St., asked if the public works building will be
completed before winter. City Engineer Eckles responded that the contractor has
targeted November 1 as completion date and November 15 as move in date. Mr.
Junker asked about cost overruns and Mr. Eckles stated that the project is
approximately 2% over budget.
Mr. Junker asked if the Police Department will take over the pay parking lots
downtown. Mayor Kimble stated that it is under consideration in the budget
process.
Ron Anderson, 216 W. Orleans, asked for copies of all the bills paid to
contractors for the public works building. Mayor Kimble stated that he can obtain
those from City Hall during regular business hours. He asked what the dollar
figure is for the cost overruns. Mr. Eckles stated that it is about $100,000.
STAFF REPORTS
There were no staff reports at this time.
CONSENT AGENDA
. Motion by Councilmember Bealka, seconded by Councilmember Rheinberger to
approve the Consent Agenda. All in favor.
Resolution 2002-209 directing payment of bills.
Approve purchase of thermal imaging camera for the Fire Dept. from "Friends of
Fire" account.
Approval of 2002 Capital Budget Reallocation - Library.
Resolution 2002-210, authorizing acceptance of grant agreement with
Minnesota Department of Public Safety for underage compliance check/alternate
enforcement grant for 2002-2003.
Resolution 2002-211, approving Retailers Protection Association agreement for
Bad Check Program.
Resolution 2002-212, approving amended "Attachment A" to Use of Law
Enforcement Personnel Agreement with the Metropolitan Airports Commission.
Request for banner from Chamber of Commerce for Fall Colors Fine Art Fair.
Request for banner from Trinity Lutheran Church for Yule Fest.
Approval of Gambling Permit for Church of St. Michael - November 9, 2002.
PUBLIC HEARINGS
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Proposal recommended by the Charter Commission to chanqe the City Charter by
Ordinance.
Mayor Kimble opened the public hearing.
Page 3 of 11
City Council Meeting No. 02-20
September 17, 2002
Jim O'Brien, 509 S. Greeley, current president of the Stillwater Water Board,
stated that the Water Board represents a cost-effective organization which has
provided the City with the best water since 1870.
He provided a history of the Water Department, and urged the Council to vote
against the merger.
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Jim McKnight, 2231 Pinehurst Lane, current manager of the Water Department,
stated that he disagrees with some of the cost savings that the auditors reported,
specifically the future hires that have not been approved yet. He does not feel
there will be a cost savings to the City, but in the long run it will be a cost
increase. He does not see a public benefit in the merger.
Vern Jacobson, consulting engineer with TKDA, currently working for the Board
of Water Commissioners in Stillwater, questioned why, with a 91-year record of
outstanding service in Stillwater, would the City want to make a change. He
stated the Board has adequate monetary reserves, water supply facilities that are
adequate to supply the customers, water quality that meets or exceeds the
standards, and employees that are interested and responsive to their customers.
Richard Kilty, 118 W. Oak Street, stated that the Larson Allen report used figures
from Mr. Eckles' testimony to the Charter Commission rather than doing an
independent study. He asked that the City Council vote against the second
reading of the ordinance.
Wayne Anderson, 713 N. 5th St., current Chair of the Charter Commission. He .
stated that the Charter Commission did formally vote unanimously to recommend
combining the Water Boardwith the City, after a year of studying the issue. He
emphasized that by law water rates cannot be used to subsidize anything else;
therefore, it would not generate revenue for the City. The Charter Commission is
convinced that there are actual cost savings and recommended that the Council
approve the ordinance.
David C. Junker, 101 N. 4th St., asked that the Council use common sense and
vote against the merger.
Vicki Bergstedt Cross, 1029 McKusick Road Lane N., stated that she has had
years of experience dealing with the Water Department and the employees are
very efficient. She feels the Water Department should be left alone.
Bob Thompson, 917 N. Owens St., stated this issue has come before the City
before. He feels the costs will outweigh the savings and the Water Department
should be left alone.
John Jewell, not a current resident of the City, stated that the Water Department
employees make approximately $1 per hour more than comparable workers in
the Street Department. He stated that the Public Works Department employees
will want to be paid the same as the Water Department, which will cause an
increase in costs to the City.
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City Council Meeting No. 02-20
, September 17" 2002
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Ron Anderson,216W. Orleans, a former employee of the Water Department
asked Councilmember Milbrandt about misstatements in the newspaper. Mr.
Milbrandt stated he had been misinformed. Mr. Anderson stated that this issue is
about raising water rates and increasing revenue for the City. He gave examples
of cost savings that would be lost ifthe City took over the Water Department. He
said the Water Department is the most efficient operation he has seen and they
take pride in their work.
Ron and Eloise Zaniewski, 1112 W. Linden, spoke against the merger. Mrs.
Zaniewski stated that she worked for a short time'for the Wat~r Department and
is afraid of losing the personal touch that there is currently.
Edward Simonet Jr., 904 S. 2ndSt., said he does not believe. the figures
regarding overtime cost savings.
Dan Fabian, 326 S. 6th St., agrees with the opposition to the merger. He believes
it will be a roundabout way of raising more funds.
Duane Nelson, 822 S. 2nd St., agrees with the opposition to the merger and
urged the Council to vote no.
Lawrence Maslowski, Sr., 924 W. Willard St.,asked aboutthe costs ofcross~ .
training water department and public works department employees.
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Pat Johnson, 611 Lake Drive, recommended that the Cityvote downthe
ordinance.
Richard McDonough, not a resident of the City, asked if the Charter Commission
had considered analyzing the Public Works Department to see if it could be run
in the same manner as the Water Department.
Gary Kriesel, 1451 Lydia Circle, member of the Charter Commission, explained
that this issue has been before the Charter Commission previously, and this time
the Commission decided to do a thorough study of the issue. He noted that the
Water Department has already voted to increase the water rates January. 1 and
also recommended hiring another person. He asked that the Council's decision
be based on fact and not on emotion. Mr. Kries!31 asked Mr. McKnight if the r?te
increase and hiring decision was true.
Mr. McKnight stated that the board is considering it in the budget.
Richard Kilty, 118 W. Oak St., stated there is no written re'cord that the.Charter
Commission ever voted to send this matter to the City Council or that there is no
written record that the Water Board is going to hire another person.
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Barbara Arney, 2240 Orwell Ct. N., stated,that ground ~ater is the nU[T)b~r one
issue in Washington. County. With the Water Board there is a built in checks and
balances system. '
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City Council Meeting No. 02-20
September 17, 2002
Jim McKinney, 410 W. Rice, is concerned about taking clean water for granted.
The Water Department's only concern is supplying clean water, and this is the .
wrong time to take away control.
Jim Tibbetts, 502 Hemlock St., current employee of the Water Department. He
stated he spends about 80% of his time in the summer maintaining the Water
Department properties, and wondered who would take care of the properties if
the department was merged into the City.
Ernest Peasley, 1017 W. Abbott, asked that the Council not interfere with the
Water Department.
Tom Lindell, 673 Sunrise, has not heard that there is anything wrong with the
Water Department, and all the cost savings figures are speculative. He would
recommend that the Council vote no.
There being no additional comments, Mayor Kimble closed the Public Hearing,
and turned the matter over to the City Council.
Councilmember Rheinberger stated he feels the matter should go to referendum.
City Attorney Magnuson clarified that if the Council does not pass the issue
tonight the matter will automatically go to referendum. Since the issue has
missed the deadline for the general election ballot in November, there has to be
a separate special election called.
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Motion by Council member Rheinberger to approve Ordinance No. 928 proposing to
change the City Charter by Ordinance to merge the Water Board and the City Public
Works Department, seconded by Council member Milbrandt. (Motion failed 1-4)
Ayes - Councilmember Milbrandt
Nays - Councilmembers Bealka, Rheinberger, Zoller, and Mayor Kimble
City Attorney Magnuson explained an issue of two conflicting State Statutes, Mr.
Magnuson will do further research regarding the date for the referendum.
Mayor Kimble recessed the meeting at 8:35 p.m.
Council member Bealka left meeting at 8:35 p.m.
Mayor Kimble reconvened the meeting at 8:45 p.m. .
Discussion of alternative land use and circulation patterns for the Boutwell South
Planninq Area.
Community Development Director Russell explained the background of the plan.
Sherri Buss from Bonestroo Rosene Anderlik & Associates, the consultant on the
project, reviewed the plan. The study looked at current and future traffic
patterns, storm water runoff, drainage and trails.
Page 6 of 11
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City Council Meeting No. 02-20
September 17, 2002
Mayor Kimble opened the public hearing.
Tom Crotty, 7879 Minar, asked about traffic from the new Public Works Facility.
He is also concerned about an increase in water in the tributary.
Mike Adams, 12950 75th St. N., asked about the median on Co. Rd. 12, and if
there would be a median in the extension of Neal Avenue.
Sherri Buss responded that design details have not been worked out yet because
decisions would happen at the design stage of the project.
Michael Erickson, 212 Deerpath, is concerned about increased traffic on
Deerpath and that Deerpath concerns should be considered for any development
plan for this area.
David Hanson, 7960 Newberry Court N., urged the Council to improve Boutwell
Road as soon as possible for safety reasons. He asked that Council not approve
a quick annexation of property that is not scheduled to be annexed until 2015.
Patty Ogborn, 7940 Neal Ave. N., suggested that future developments put in grid
systems with north-south, east-west streets.
Joe Lux, Transportation Planner for Washington County, provided a history of
Boutwell, which was the County Road and spacing standards for Washington
County. He also stated that a median is very expensive
Tom Johnson, 12993 Boutwell Road, is concerned about the option for the
straight cut through of Neal Avenue. He stated that this option would have a big
cost in the acquisition of homes. He also stated that the easement for Neal
already exists and it should be considered to use that street alignment and felt
that this alignment would allow for better sight distance. He stated that the
bridge could be eliminated making people go out to County Road 15 and help the
traffic issue on Deerpath. He requested that Council use the actual easement for
the extension of Neal Avenue and save his home.
Paul Halarious, 208 Deerpath, disagrees with the numbers projected for
Deerpath and felt it was too conservative. He stated that the median would direct
traffic right to Deerpath. He requested that this go back to the Planning
Commission.
Tom Garley, 13295 Boutwell Road, stated that the extension between Northland
and Maryknoll would cause more problems.
Bob Lohmer, 12960 75th St., asked for the purpose of the meeting tonight.
Community Development Director Russell stated the road location is part of the
recommendation reviewed by the Planning Commission and the Joint Board. He
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City Council Meeting No. 02-20
September 17, 2002
stated that if that alignment would be changed it would have to go back to the
Joint Board for review.
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Mayor Kimble closed the Public Hearing.
Councilmember Zoller stated that there is not a good answer to this problem.
Councilmember Milbrandt agreed with Council member Zoller, felt that the traffic
issue should have more study on the issues raised especially the Deerpath traffic
problems, and that Deerpath should be included in this plan.
Council member Rheinberger stated that this issue needs to be studied again.
Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to table
the Boutwell South Area Plan. All in favor.
Motion by Council member Zoller, seconded by Councilmember Rheinberger to direct
staff and the Planning Commission to further study the traffic issues, particularly
Deerpath, the Public Works Facility, the whole traffic picture for this area, and return the
study for Council review in approximately 60 days. All in favor.
Mayor Kimble recessed the meeting at 10:00 p.m.
Mayor Kimble reconvened the meeting at 10:15 p.m.
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UNFINISHED BUSINESS
Lake Elmo Airport Letter.
Mayor Kimble reviewed the request for support of the name change of Lake Elmo
Airport.
Motion by Council member Rheinberger, seconded by Councilmember Zoller to adopt
Resolution No. 2002-213 supporting the name change for the Lake Elmo Airport to St.
Croix Valley Airport.
Ayes - Council members Milbrandt, Rheinberger, Zoller, and Mayor Kimble.
Nays - None
Absent - Councilmember Bealka
Acceptinq Bids and Awardinq Contracts for McKusick Ravine Storm Sewer/Trail
Improvements (Proiect 2002-04A); McKusick Lake Diversion Improvements (Proiect
2002-04B) and McKusick Boardwalk Improvements (Proiect 2002-04C)
Public Works Director Eckles reviewed the bids for the above projects.
Motion by Council member Milbrandt, seconded by Council member Rheinberger to
adopt Resolution 2002-214 accepting bid and awarding contract for McKusick Ravine
Storm Sewer/Traillmprovement Project (Project 2002-04A). All in favor.
Page 8 of 11
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City Council Meeting No. 02-20
September 17, 2002
Ayes - Councilmembers Milbrandt, Rheinberger, Zoller, and Mayor Kimble
Nays - None
Absent - Councilmember Bealka
Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to
adopt Resolution 2002-215 accepting bid and awarding contract for McKusick Lake
Diversion Improvement Project (Project2002-04B). All in favor.
Ayes - Councilmembers Milbrandt, Rheinberger, Zoller, and Mayor Kimble
Nays - None
Absent - Councilmember Sealka
Motion by Councilmember Zoller, seconded byCouncilmember Rheinberger to adopt
Resolution 2002-216 accepting bid and awarding contractforMcKusick Lake
Boardwalk Improvement Project (project 2002-04C).AII in favor.
Ayes - Councilmembers Milbrandt, Rheinberger, Zoller, and Mayor Kimble
Nays - None
Absent - Council member Bealka
NEW BUSINESS
Possible first readinq amendinq Animal Ordinance.
City Attorney Magnuson reviewed the proposed animal ordinance.
Motion by Councilmember Milbrandt, seconded by Council member Rheinberger to have
a first reading of an ordinance amending Section 21-1. All in favor.
Possible approval of resolution makinq certain findinqs with respect to substandard
buildinqs (Territorial Prison proiect).
City Attorney Magnuson reviewed the resolution regarding substandard buildings
and stated that this resolution is necessary to keep this property within the Tax
Increment District.
Motion by Council member Rheinberger, seconded by Councilmember Milbrandt to
adopt Resolution 2002-217 making certain findings with respect to substandard
buildings (Territorial Prison Project). All in favor.
Ayes - Councilmembers Milbrandt, Rheinberger, Zoller, and Mayor Kimble
Nays - None .
Absent - Councilmember Bealka
Page 9 of 11
City Council Meeting No. 02-20 September 17, 2002
COMMUNICATIONS/REQUESTS
Request to close eastern end of Myrtle Street from parking lot to gazebo — Margaret
Peteler.
Mayor Kimble reviewed the request to close the eastern end of Myrtle Street for a
wedding.
Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to
approve the closing of the eastern end of Myrtle Street from the parking lot to the
gazebo on Saturday, September 21, 2002, from 1:00 to 3:00 p.m. as requested. All in
favor.
Request for allocation of some Territorial Prison bricks — Washington Historical Society.
Mr. Brent Peterson, Washington County Historical Society reviewed the request
for bricks from the Territorial Prison for fundraising purposes.
City Administrator Hansen advised council of the concern that the brick may be
asbestos or other material contaminated.
Motion by Councilmember Milbrandt, seconded by Councilmember Rheinberger to
support the request of the Washington County Historical Society to sell bricks from the
Territorial Prison Site, if the bricks are not deemed contaminated, and to authorize an
Environmental Investigation at an estimated cost of $4,000. All in favor.
STAFF REPORTS
Fire Chief Kallestad asked if any Councilmember has an interest in visiting Pierce
Manufacturing, the manufacturer of the ladder truck, to let him know.
ADJOURNMENT
Motion by Councilmember Rheinberger, seconded by Councilmember Zoller to adjourn
the meeting at 10:40 p.m. All in favor.
Aft
ji.eth.,
Diane F. Ward, City Clerk
Page 10 of 11
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City Council Meeting No. 02-20
September 17, 2002
Resolution 2002-209, directing payment of bills
Resolution 2002-210, authorizing acceptance of grant agreement with Minnesota
Department of Public Safety for underage compliance check/alternate enforcement
grant for 2002-2003.
Resolution 2002-211, approving Retailers Protection. Association agreement for Bad
Check Program.
Resolution 2002-212, approving amended "Attachment A" to Use of Law Enforcement
Personnel Agreement with the Metropolitan Airports Commission. .
Resolution No. 2002-213, supporting the name change for the Lake Elmo Airport toSt.
Croix Valley Airport.
Resolution 2002-214, accepting bid and awarding contract for McKusick Ravine Storm
SewerlTraillmprovement Project (Project 2002-04A).
Resolution 2002-215, accepting bid and awarding contract for McKusick Lake
Diversion Improvement Project (Project 2002-04B). . ...
Resolution 2002-216, accepting bid and awarding contract for McKusick LaKe
Boardwalk Improvement Project (project 2002-04C).
Resolution 2002-217, making certain findings with respect to substandard buildings
(Territorial Prison Project).
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