HomeMy WebLinkAbout1998-12-15 CC MIN
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CITY OF STILLWATER
CITY COUNCIL MEETING NO. 98-31
December 15, 1998
REGULAR MEETING
7:00 P.M.
The meeting was called to order by Mayor Kimble.
Present: Councilrnember Bealka, Cummings, Thole, Zoller and Mayor Kimble
Also present: City Coordinator Kriesel
City Attorney Magnuson
Finance Director Deblon
Community Development Director Russell
City Engineer Eckles
Fire Chief Kallestad
City Clerk Weldon
Press: Mark Brouwer, Gazette
Julie Kink, Courier
APPROVAL OF MINUTES
Motion by Councilrnember Thole, seconded by Councilrnember Cummings to approve the minutes of
the December I, 1998, Regular and Recessed Meeting. All in favor.
PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS
I. Recognition of Master Diver Certification - Fire Department Dive Team members.
Fire Chief Kallestad informed Council that Tim Bell, Dave Reichow, Torn Crotty, Steve Zoller,
Ken Giliam. and Torn Flug have attained "Master Diver" certification. Ibis is the highest non-
professional diver certification attainable. Present were Dave Reichow, Tom Crotty, Steve
Zoller, Ken Giliam, and Tom Flug. Mayor Kimble presented them with dive pins in recognition
of their achievement.
STAFF REPORTS
Clerk Weldon submitted the dates for the 1999 Council meeting dates. The regularly scheduled
meeting of November 2 will fall on a school board election day. Therefore, no meetings are
allowed between 6 p.m. and 8 p.m. She requested Council direction for the rescheduling of the
meeting.
Motion by Councilrnember BeaJka, seconded by Councilrnember Cummings rescheduling the time of
the November 2. 1999, Council regular and recessed meeting to 4:30 and 8 p.m. All in favor.
CONSENT AGENDA
Motion by Councilrnember Thole, seconded by Councilrnember Bealka approving the consent agenda.
All in favor.
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City Council Meeting 98-31
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1. Resolution 98-315: Directing Payment of Bills
2. Purchase of audio visual equipment for Fire/Police Training Room
3. Resolution98-316: Designation of depositories for 1999
4. Resolution 98-317: Contract with Miller Telecom for pay phone services for St. Croix Valley
Recreation Center
5. Purchase of self-contained breathing Apparatus (SCBA) Cascade Filling System (Fire Dept)
6. Authorization to digitize engineering drawings and purchase shelving
7. Purchase of printer - Finance
8. Resolution 98-318: Contract with Sanders, Wacker, Wehrman, Bergley for consultant services for
coordinating Phase II Levee Wall Construction with Mulberry Point Area Park Improvements
9. Resolution 98-319: Special assessment for delinquent utilities
10. Resolution98-320: Employment of Robert Hamble and Chris Diethert as warming house attendants
11. Resolution 98-321: Renewal of maintenance agreement- IKON Office Solutions
12. Resolution 98-322: Renewal of contract with Sand Creek Group L TD for Employee Assistance
Program
13. Resolution 98-323: Setting salary for City Coordinator
14. Resolution 98-324: Setting salary for recording secretary
15. Purchase of picnic tables and benches - Parks Dept.
16. Resolution 98-325: Agreement with Don Empson for the Holcombe District Survey and Evaluation
17. Resolution 98-326: Renewal of tobacco license - Jazzy's House of Blues and Cigar Parlor
18. Contractors Licenses: Judd Orff & Associates, Stillwater, MN; Skyner Construction, New Richmond
WI; Visual Impact Signs Inc., and Diverse Vinyl Products, Blaine, MN; Swanson Bros.
Construction, Forest Lake, MN
19.Certificate of Appreciation to Sheila Maybanks for service on Library Board
20. Purchase of hydraulic hoist for public works garage
21. Purchase of wire feed welder - Engineering
22. Resolution 98-327: Approving increase in hospital/medical insurance rates
23. Request to carry over 1998 C/O budget items to 1999 - Engineering Dept.
24. Request for carry over of 1998 funds for Pioneer Park Renovation project - Parks Dept.
25. Resolution 98-328: Renewal of towing licenses for 1999 - Stillwater Towing and Amazing Towing
26. Amending minutes of November 24, 1998, related to amending insurance section of management
agreement with St. Croix Catering for St. Croix Valley Recreation Center
27.Resolution 98-329: Change Order No. 11, St. Croix Valley Recreation Center
UNFINISHED BUSINESS
1. Final plat approval ofa 19 single family lot Creekside subdivision located north of Boutwell
and west of Neal Avenue in the R-A single Family Residential District, Trailhead
Development, applicant. Case No. SUBF/98-39.
Community Development Director Russell reported the rezoning, preliminary plat and
annexation of this subdivision was approved in July 1998. The plans for the 19-1ot subdivision
have parks, trails and protective conservation easements as required. The City Engineer has
reviewed and approved the grading and erosion control plan, stonnwater management plan and
utility plans.
He presented a development agreement which contains development impact fees and AUAR
stonnwater mitigation fees to construct the stonnwater diversion structure. The Agreement
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December IS, 1998
provides for possible annexation of the lots east of the development and payment for attributable
o street and utility improvements.
Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution 98-330
approving final plat for of a 19 single family lot Creekside subdivision located north of Boutwell and
west of Neal Avenue in the R-A single Family Residential District, Trailhead Development, applicant.
Case No. SUBF/98-39.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
Nays: None
Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution 98-331
approving the development agreement with Trailhead Development for Creekside subdivision.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
Nays: None
2. Annual report from Open Space Committee.
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Community Development Director Russell stated the Open Space Committee was officially
established by the City Council March 17,1998. During the past nine months, the Committee has
completed the following activities: I) Long Lake Woods. The Committee conducted a site tour
of the Long Lake Woods and Gadient portion. The Planning Commission and Committee are
meeting with a developer to see if the cluster housing concept could be implemented. 2) Tree
Ordinance. A draft ordinance is being prepared for a public hearing review in early 1999. A
member represents the Open Space Committee on the Tree Committee recently established by
the City Forester. 3) Open Space Site Use. The open space site list has been reconsidered and
the Committee recommends the Brown's Creek Park site as the top priority. 4) Information has
been obtained on available grant programs. 5) Open Space Information. Meetings have been
held with several natural resources agencies and organizations, and 6) Development Incentive.
The cluster concept and density bonus to provide an incentive for developers to set aside
additional open space are being explored on the GadientlBergman property.
Mr. Russell introduced two members of the Committee, John Baer and Nancy Brown. Mr. Baer,
chair of the Open space Committee, explained some of the projects the committee plans to work
on in 1999. He stated the information in the trail plan will assist in the preparation of grant
applications.
Councilmember Thole asked the Committee consider "rating" properties under consideration for
preservation as open space in order of preference and significance for acquisition and
preservation. This would assist the Council in the decision making process when individual
properties are discussed.
Council thanked the Committee for their efforts.
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3. Approval of comments on Brown's Creek Watershed District Rules.
'City Engineer Eckles presented general and specific section comments to the Brown's Creek
Watershed District (BCWD) Proposed Rules. Staff feels the proposed rules have the potential to
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City Council Meeting 98-31
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undermine the City's Comprehensive Plan and AUAR Mitigation Plan and the efforts of the
City, Stillwater Township, property owners and developers in planning the future of the City
expansion area. The BCWD has chosen not to recognize the City's comprehensive planning
efforts and AUAR Mitigation Plan.
City Attorney Magnuson stated the District only has a first generation plan; the second
generation plan will probably not be completed for approximately two years. Typically, the rules
are not implemented until a plan is in place. It would be helpful if the District would recognize
the City's management plan.
Councilmember Cummings asked who would have jurisdiction. City Attorney Magnuson stated
a developer would need to get a pennit from the City and also from the Watershed District.
Jon Michels, the Stillwater representative on the BCWD, encouraged attendance at the public
hearing on January II.
Motion by Councilmember Thole, seconded by Councilmember Cummings directing staff to forward
comments on proposed rules to Brown's Creek Watershed District and directing staff to attend the
January II, 1999, BCWD public hearing on the proposed rules. All in favor.
4. Adopting fina1 tax levy for 1999
Adopting final budget for 1999
Finance Director Deblon stated the tax levy proposed for adoption is the same as presented in the
truth in taxation hearing.
Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution 98-332
adopting the fina1 tax levy of $4,237,385 for the Year 1999.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
Nays: None
Finance Director Deblon presented the proposed operating budget for the General Fund, with
revenues and expenditures in the amount 0[$6,802,342 for adoption.
Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution 98-333
adopting the fina1 budget of $6,802,342 for the Year 1999.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
Nays: None
5. Possible approval of amendment to Central St. Croix Valley Cable Communications
Commission Joint Powers Agreement.
City Coordinator Kriesel presented the latest revision of the Joint Powers Agreement. This
revision is the result of several meetings he has had with Commission members, City Attorney
Magnuson, Access Corporation members, and the Administrators of Bayport and Oak Park
Heights. The most significant revisions involve representation, attendance, and restrictions on
lobbying activities. It clarifies language that at least one of the primary representatives must be
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an elected official, and the primary member is replaced if the member has four unexcused
absences within a twelve month period. He stated he did not feel an amendment to prohibit
lobbying activities was necessary; however, it should not cause any significant problems and
recommended the provision be accepted. Language related to the budget process during the
"start up" period is amended to relate to the franchise renewal period.
Council discussed the lobbying amendment. It was determined the language could be interpreted
to mean a Councilmember would be prohibited from attending "local govemment lobbying
days" at state and national conferences. Kimble stated it is the Council's elected responsibility to
lobby on behalf of their constituents.
Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt Resolution 98-334 to
amend the revised Central St. Croix Valley Joint Cable Communication Commission Joint and
Cooperative Agreement by deleting Section 15 (e) and approving as amended.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
Nays: None
6. Request for extension of time for Comprehensive Plan Amendment.
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Community Development Director Russell reported the deadline for the Comprehensive Plan
amendment update is December 31,1998. A draft of the minor amendment has been provided to
the Metropolitan Council for review and comment. Based on the comments, additional
information is being provided. A six month extension should provide adequate time to complete
the update.
Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt Resolution 98-335
requesting a six-month extension of the December 31,1998, due date forreview of the City of Stillwater
Comprehensive Plan for consistency with amended Metropolitan Council policy plans.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
Nays: None
NEW BUSINESS
1. Variance Request: William Sauntry Mansion, 626 N. 4th St.
Fire Chief Ka1lestad presented a request from Elaine and Art Halbardier, owners of the William
Sauntry Mansion, for Council endorsement of a variance request from the State Fire Code. The
request is the result of the State Fire Marshall Division interpretation of the Code. On an
October 22, 1998, inspection by the State Fire Marshall Division, the inspector determined the
Mansion would be required to install a fire sprinkler system throughout the entire facility,
provide one-hour fire separation or sprinkler for the basement, and a fire alarm system
throughout the house. This was based on the interpretation that since the building is three stories
in height, it is classified in its entirety as a "hotel" (R-I).
r' This differs from the interpretation of the City Building Official, Allen Zepper. During the
conversion of an existing studio apartment to a sixth bed and breakfast unit, they had worked
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closely with the City Building Department. Building Official Zepper's interpretation, in
consultation with the State Building Official, was the proposal conformed to state codes because
all parts committed to the bed and breakfast use were confined to the first and second floors (R-l
hotel classification; the partial third floor which the owners use for their bedroom and bath
remains R -3 residential.
Building Official Zepper and Fire Chief Kallestad have had multiple conversations with officials
of the Fire Marshall Division in an effort to convey the city's interpretation of the code. The Fire
Marshall Division stated the only avenue of appeal is to request a variance from the code.
In a letter to Council, the Halbardier's stated they are requesting the variance because the
conversion was done with the understanding it met code. The building is on the National
Register of Historic Places, and retrofitting sprinklers and alarms without damaging historically
significant surfaces in the home is practically impossible. The safety of the guests is not
compromised. The installation would also be an undue financial hardship.
Motion by COuDcilmember Thole, seconded by Councilmember Bealka to adopt Resolution 98-336
endorsing a variance to the Minnesota Uniform Fire Code for the William Sauntry Mansion, 626 N.
Fourth St.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
Nays: None
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2.
Request for purchase of one-ton truck and accessories- Public Works Dept.
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City Engineer Eckles requested the 1999 Capital Outlay Funds for two pickup trucks be used to
purchase a one ton truck. A truck with plowing capabilities could be used immediately. Two
public works pickup trucks need replacement, but this could be delayed for a short time.
He presented a quotation from Harold Chevrolet for $21,833, plus tax and license. This vehicle
was discounted due to hail damage and is significantly less that the price of some of the State
Cooperative Purchasing Options.
City Engineer Eckles also requested authorization to purchase a two-cubic-yard dump box, a
straight blade plow and sander from Crysteel for $13,311, plus tax, under the State of Minnesota
Joint Venture Purchasing Options. The total cost of the new truck and chassis, plus accessories,
is less than the $36,000 budgeted for the two pickup trucks.
Motion by Councilmember Thole, seconded by Councilrnember Cummings to adopt Resolution 98-337
approving the purchase of a GMC one ton, 4X4 plow truck from Harold Chevrolet and the purchase of
dump box, straight plow and sander from Crysteel.
Ayes: Councilrnembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
Nays: None
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3.
Recommendation for worker's compensation insurance.
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Finance Director Deblon reported the City has received the Worker's Compensation notice of
premium options from League of Minnesota Insurance Trust (LMCI1) for the year 1999. The
following options are available, including: regular premium, deductible options or retro-rated
options.
In the past, the City has selected the retro-rated options at a slightly less total premium.
However, after discussing the options with the City's insurance agent, the savings under the
retro~rated options is not enough to select it. Because the type and number of claims has been
changing over the last years, and LMCIT has reduced the rates of coverage, she recommended
approval of the regular premium option of $62,997 for the year 1999.
Motion by Councilmember Thole, seconded by Councilmember Cummings approving the worker's
compensation insurance regular premium option for the year 1999. All in favor.
4. Possible first reading of ordinance setting trunk rates for storm sewer.
City AttomeyMagnuson requested the first reading be done by title only. He will be meeting
with the Finance Director and City Engineer to prepare a draft ordinance for the January 5th
meeting.
Motion by Councilmember Thole. seconded by Councilmember Bealka to have a first reading of an
ordinance setting trunk rates for storm sewer. All in favor.
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5.
Adoption of pay equity evaluation system (Hay system).
City Coordinator Kriesel reported the City's current job evaluation study was performed in the
1980's. Because several job classes have been added and existing job classes have changed, it is
necessary to update the study in order to comply with Minnesota State Statute.
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The City has selected the Hay Management Consultants System. It is currently utilized by the
State of Minnesota, many Minnesota political subdivisions, and private industry. Current job
descriptions were prepared, and points were assigned based on the Hay system. Staffhad an
opportunity to appeal the valuations. Based on the appeals, the final points were determined. In
addition, the Junior Account Clerk position was replaced by the Receptionist/Clerk Typist
classification.
Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt Resolution 98-339
approving the use of the Hay Management Consultant System and resultant point values for job
evaluation study.
Ayes: Councilmembers Bea1ka, Cummings, Thole, Zoller and Mayor Kimble
Nays: None
6. Amending City Policy and Procedures Manual - Section 2-8 Probationary Periods.
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City Coordinator Kriesel requested Council amend the manual by eliminating the requirement of
Council approval for extending probationary periods. Currently, a probationary period may be
extended by a Department Head, for a period oftime not to exceed the time of the original
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City Council Meeting 98-31
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probation period, with the concurrence of the City Coordinator and the City Council.
Termination would require Council approval. The amendment would allow for extension of the
probationary period with the concurrence of the Department Head and the City Coordinator.
Motion by Councilmember Thole. seconded by Councilmember Zoller to adopt Resolution 98-340
amending the City of Stillwater Policy and Procedures manual, Section 2-8, by eliminating requirement
of Council approval for extending probationary periods.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
Nays: None
PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS (continued)
Councilmember Cummings expressed Council's appreciation for City Coordinator Kriesel's
efforts in coordinating the grand opening of the St. Croix Valley Recreation Center.
STAFF REPORTS (continued)
Finance Director Deblon reported the Council must decide whether or not to waive statutory
liability limits. Liability limits were not waived in 1998; she recommended the same action for
the 1999 policy year.
Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt Resolution 98-338
determining to not waive the municipal liability limits for the 1999 policy year.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
Nays: None
City Coordinator Kriesel informed Council that Building Official Zepper will be on leave for the
next six to eight weeks. He requested Building Inspector Cindy Shilts be designated as Acting
Building Official in his absence.
Motion by Councilmember Thole, seconded by Councilmember Cummings designating Building
Inspector Cindy Shilts as Acting Building Official during the absence of Building Official Zepper. All
in favor.
Motion by Councilmember Bealka, seconded by Councilmember Thole to adjourn at 9 p.m. to discuss
possible condemnation ofland. All in favor.
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Attest:
fY1~P:. (I J, t?tI~
, City Clerk
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City Council Meeting 98-31
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Resolution 98-315: Directing Payment of Bills
Resolution98-316: Designation of depositories for 1999
Resolution 98-317: Contract with Miller Telecom for pay phone services for St. Croix Valley
Recreation Center
Resolution 98-318: Contract with Sanders, Wacker, Wehrman, Bergley for consultant services for
coordinating Phase II Levee Wall Construction with Mulberry Point Area Park Improvements
Resolution 98-319: Special assessment for delinquent utilities
Resolution98-320: Employment of Robert Hamble and Chris Diethert as warming house attendants
Resolution 98.321: Renewal of maintenance agreement - IKON Office Solutions
Resolution 98-322: Renewal of contract with Sand Creek Group L TD for Employee Assistance
Program
Resolution 98-323: Setting salary for City Coordinator
Resolution 98-324: Setting salary for recording secretary
Resolution 98-325: Agreement with Don Empson for the Holcombe District Survey and Evaluation
Resolution 98-326: Renewal of tobacco license - Jazzy's House of Blues and Cigar Parlor
Resolution 98-327: Approving increase in hospital/medical insurance rates
Resolution 98-328: Renewal of towing licenses for 1999 - Stillwater Towing and Amazing Towing
Resolution 98-329: Change Order No. 11, St. Croix Valley Recreation Center
Resolution 98-330: approving final plat for of a 19 single family lot Creekside subdivision located north
of Boutwell and west of Neal Avenue in the R-A single Family Residential District, Trailhead
Development, applicant. Case No. SUBF/98-39.
Resolution 98-331: approving the development agreement with Trailhead Development for Creekside
subdivision
Resolution 98-332: adopting the final tax levy of $4,237,385 for the Year 1999.
Resolution 98-333: adopting the final budget of $6,802,342 for the Year 1999.
Resolution 98-334: to amend the revised Central St. Croix Valley Joint Cable Communication
Commission Joint and Cooperative Agreement by deleting Section 15 (e) and approving as amended.
Resolution 98-335: requesting a six-month extension of the December 31, 1998, due date for review of
the City of Stillwater Comprehensive Plan for consistency with amended Metropolitan Council policy
plans.
Resolution 98-336: endorsing variance to Minnesota Uniform Fire Code for the William Sauntry
Mansion, 626 N. Fourth St
Resolution 98-337: approving the purchase of a GMC one ton, 4X4 plow truck from Harold Chevrolet
and the purchase of dump box, straight plow and sander from Crysteel.
Resolution 98-338: determining to not waive the municipal liability limits for the 1999 policy year.
Resolution 98-339: approving the use of the Hay Management Consultant System and resultant point
values for job evaluation study.
Resolution 98-340: amending the City of Stillwater Policy and Procedures manual, Section 2-8, by
eliminating requirement of Council approval for extending probationary periods.
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RECORD OF EXECUTIVE SESSION
Date convened:
Tuesday, December 15, 1998
Time convened:
9:05p.m.
Time adjourned:
9:15p,rn.
Mernberspresent:
Mayor Kimble, Councilmembers Bealka, Cumrnings, Thole and
Zoller
Mernbersabsent:
None
Also present:
City Coordinator Kriesel and City Allorney Magnuson
Purpose of Executive Session: To discuss possible condemnation of property located at
124 North Main Street and offer of purchase of railroad property adjacent to Aiple Park.
Motion by Councilmember Thole, seconded by Councilmember Cummings to direct staff
to proceed with condemnation of properly located at 124 North Main Street including
obtaining an appraisal of said property. Ail in favor,
Motion by Councilmember Cummings, seconded by Councilmember Thole to authorize
survey by Barry Stack of railroad property located adjacent to Aiple Park and to offer to pay
$87,800,00 for the said property, All in favor.
Moption by Councilmember Cummings. seconded by Councilmember Zoller to adjourn at
9:15 p.m. All in favoL
Attest:
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CiyCoor Inator
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