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HomeMy WebLinkAbout1998-09-22 CC MIN r . (' r r ,~.. CITY OF STILLWATER CITY COUNCIL MEETING NO. 98-23 September 22, 1998 REGULAR MEETING 7:00P.M. The meeting was caIled to order by Mayor Kimble at 7:00 p.m. Present: Also Present: Councilmembers Bea1ka, Cummings, Thole, Zoller and Mayor Kimble City Coordinator Kriesel City Attorney Magnuson Community Development Director Russell Police Chief Dauffenbach City Clerk Weldon Press: Julie Kink, Courier News Mark Brouwer, Stillwater Evening Gazette Motion by Councilmember Thole, seconded by Councilmember Cummings to approve the minutes of September I, 1998, Regular and Recessed Meetings; September 16, 1998, Special Meeting. All in favor. PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS 1. Proclaiming Sept. 17 - 23 as Constitution Week in the City of Stillwater. Mayor Kimble presented the proclamation. 2. Rivertown Restoration: Home tour recap and presentation. Mark Balay, Rivertown Restoration (RTR), informed Council that the historic home tour held this past weekend and the historic lift bridge was included in the tour. RTR had presented a plaque to the owners of each of the homes toured. Mr. Balay presented the City with a framed photograph (by Jeff Ross) of the bridge. OPEN FORUM Tom Clark, 317 South Avenue, Osceola, Wisconsin, questioned if Ed Cain is still under contract with the City for lobbying work related to the new river crossing, if his contract is public information, and if his billings are itemized. Mayor Kimble responded that Mr. Cain is under contract, the contract is public information and all billings are itemized. Only a small portion of his work has been related to the bridge; the majority of the work has been related to funding for the levee wall. Chris Linner thanked Council for the construction of the skateboard park. He expressed the appreciation of those using the facility and stated they are doing what they can to keep activities orderly. City Coordinator Kriesel stated the City has received very few complaints and complimented the youth on their conduct. Mayor Kimble also reported he had personally received three letters of thanks. Councilmember Thole also noted another letter of appreciation from a parent had been received today. r r r \, City Council Meeting 98-23 September 22, 1998 STAFF REPORTS Police Chief Dauffenbach reported staff is working with the City of Stillwater Chamber of Commerce on the Fall Art Fair. The Chamber is requesting the Police Department provide daytime surveillance from 11 a.m. to 6 p.m. Saturday, Oct. 3 and 11 a.m. to 5 p.m. Sunday, Oct. 4, at no cost to the Chamber. Liquor will be sold during those hours and the City requires a police officer to be on duty when alcohol is served (13 hours). The Chamber will pay a police officer for nighttime security Friday, Oct. 2 from 9 p.m. to Saturday Oct.3 at 6 a.m. and Saturday, Oct. 3 from 9 p.m. to Sunday, Oct. 4, at 6 a.m. When the City has provided an officer in the past, a cash contribution has been made to the organization and they have hired an off-duty officer for their function. The rate for an off-duty officer is $25 per hour, and the request is for 13 hours ofservice ($325). This saves the police department from paying overtime rates. This was most recently done for the 1998 Music on the Waterfront. Motion by Councilmember Bea1ka, seconded by Councilmember Thole to authorize the contribution of $325 to the City of Stillwater Chamber of Commerce for an off-duty police officer for the Fall Art Fair, October 3-4. All in favor. Police Chief Dauffenbach also reported the City received a grant from the Washington County Department of Health and Land Management to conduct alcohol sales compliance checks. He provided a copy of the letter that will be sent to all businesses which explains underage young adults will be coming into the business during the next few months to try to buy alcoholic beverages. Police officers will be working with these youths. Recommended sources of information for training staff are listed and, if requested by the business owner, an officer will give an informational talk on alcohol sales laws to employees. The police department also received a grant from the Minnesota Department of Public Safety under the Omnibus Crime Bill. The grant of $5000 is under the Community Orientated Policing program and will be used to put additional officers on the street in the downtown area next summer. City Clerk Weldon requested Council consideration of holding only one meeting in November (Nov 1O~ and canceling the Nov. 17 meeting. Because of the November 3'd election, the first meeting of the month will be held Nov. 10. The next meeting would be the following week. In the past, there has been very limited business to discuss in back- to-back meetings. Motion by Councilmember Thole, seconded by Councilmember Zoller to reschedule the November Council meetings by canceling the November 17th meeting and holding one meeting during the month on November 10th. All in favor. CONSENT AGENDA Motion by Councilmember Thole, seconded by Councilmember Cummings approving the consent agenda All in favor. 2 r r r City Council Meeting 98-23 Septernber22,I998 1. Resolution 98-243: Directing Payment of Bills 2. Contractors Licenses: Metro General Services, Inc, Rogers, MN; Nordling Construction Co., Inc., St. Paul; 3-D Landscaping, Marine on the St. Croix; Draintiling, Inc., Maplewood; Kuehn Excavating, White Bear Lake; Nordquisi Sign Co., Minneapolis; Preferred Sign and Crane, Inc., Stillwater 3. Resolution 98-244: Approval of Change order # 9 - St. Croix Recreation Center 4. Resolution 98-245: Contract with Thomas Cleaning Co. for lead removal in firing range 5. Resolution 98-246: Employment of Della (Sam) Finizio as part-time firefighter 6. Replacement of gas monitor - Fire Department 7. Release offunds 1998 capital budget- Library Board 8. Exemption from lawful gambling license - Church ofSt. Michael, Nov. 7, 1998 9. Request to close the 1300 block of South First Street for block party 9/27/98 10. Resolution 98-247: Agreement with Alan Merrick's Soccer Academies, Inc., for use of St. Croix Valley Soccer Dome 11. Purchase of three computers - Police Department 12. Resolution 98-248: Approving form of deed for conveyance of City land to Lakeview Hospital 13. Resolution 98-249: Purchase of blueprint copier - Planning and Engineering Depts. 14. Resolution 98-250: Accepting work and ordering final payment for Pioneer Park wall and Lake Drive watermain improvements, Projects 9720 and 9734, LI 333. UNFINISHED BUSINESS 1. Report from Planning Commission, Heritage Preservation Commission, and Park Board regarding alternative locations for new river crossing. Letters were received from Gerald Fontaine, Planning Commission Chair; Roger Tompten, Heritage Preservation Commission Chair; Karl Ranum, Downtown Parking Commission Chair, and David Junker, Parks Board Chair. All expressed concerns with the negative impact of the Braun bridge alignment proposals (Braun Alternatives A, B, and C) on the downtown and the Aiple and Kolliner Park properties. All support the original Mn/DOT alternative as having the least negative impact on City property and parkland. Community Development Director Russell presented a review of the proposed Braun Bridge Alternates. He cited impacts on the downtown, Aiple and Kolliner parks, the North Hill residential and bluff area. He stated the initial design is still preferred by the City, but it did not appear likely to be the preferred alternative that would be recommended by the Braun study. Mr. Braun will be making a recommendation In a memo contained in the Council packet, Mr. Eckles expressed concerns that the typical process would identify physical and environmental constraints and issues associated with a project prior to choosing an option. It appears that the present discussions would reverse this process. There is a total lack of design information of the proposed layouts, making it impossible to make any kind of judgment or analysis of the impact on the City. Mayor Kimble stated the draft information of a survey by the Stillwater Evening Gazette showed the majority want a new bridge, the majority prefer the original plan, with alternative C the clear second, and the overwhelming choice of style was the through tied arch. 3 r t' r " City Council Meeting 98-23 September 22, 1998 Mayor Kimble read a position statement regarding the new St. Croix River Crossing for Council for Council consideration: The City of Stillwater does not approve of or support in any way Braun Alternatives A or B. The impacts are devastating to the Downtown and the broader Stillwater Community. The City of Stillwater does support the original, final EIS preferred Alternative located in the Southern Corridor. Any other river crossing location alternative supported by the City of Stillwater must adequately address the following areas of City concern: a. The bridge and road design and placement shall minimize the impact (visual and functional) on the use of the Aiple Property Park. In no case shall the new bridge or road result in the cutting into or disruption of the existing bluftline or shoreline. b. Traffic noise resulting from the roadway and bridge improvements shall be mitigated and reduced to the maximwn extent economically feasible (this may take the form of special noise attenuation road and bridge design or reduced highway speeds). c. Stormwater management ponding areas shall be located south of the new bridge and not on the Aiple Property Park (this may require pwnping of stormwater to EIS preferred Alternative ponding locations). d. The interchange design for rn 35 and 95 shall provide direct and convenient access to Downtown Stillwater without circuitous traffic movement causing congestion and traffic delays. e. Convenient pedestrian and bicycle access shall be provided from the Aiple Property park to and across the new bridge. f. All impacts to Stillwater's riverfronts, parks and open space system shall be minimized and mitigated to the maximwn extent feasible. Councilmember Zoller stated alternatives Braun A or B are not acceptable. His preference is still the original Mn/DOT design. He felt a lot of concessions would be needed for the City to accept C. He wanted it clear that by voting to approve the position statement, it was not an endorsement of Braun C. The City strongly supports the original, final ErS preferred alternative located in the southern corridor. If the original design cannot be approved and one of the alternatives must be selected, C would have the least negative impact of the three alternatives proposed. Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt Resolution 98- 255 approving City of Stillwater position statement regarding new St. Croix River crossing location. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays: None. 4 .' City Council Meeting 98-23 September 22, 1998 The meeting was recessed at 8:04 p.m. and reconvened at 8:20 p.m. r 2. Consideration of proposal to perform historical reconnaissance of Aiple property and Kolliner Park for inclusion in Downtown Historic District. Motion by Councilmember Thole, seconded by Councilmember Cwnmings to continue indefinitely the proposal to perform historical reconnaissance of the Aiple property and Kolliner Park for inclusion in the Downtown Historic District. All in favor. 3. Designation of Aiple property as City park based on Master Plan. Community Development Director Russell reported the designation of the Aiple property as a City Park is consistent with the Master Plan. Motion by Councilmember Thole, seconded by Councilmember Cwnmings to adopt Resolution 98-251 designating the Aiple property as a City Park.. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays: None. NEW BUSINESS 1. Accepting the street easement on 3 n1 Ave. S. r City Attorney Magnuson explained during the construction of Local Improvement No. 185, the roadway on Third Avenue S. was replaced in the same location that it had existed. It was later discovered to encroach upon the property owned by Orwin Lee and Anita M. Carter, owners of Lot I, Block 13; Hersey, Staples and Co.'s Addition. The Carter's are willing to convey an easement to the City so the boundaries of the encroachment can be properly defined. The following assurances are being made to the Carters: I) after the conveyance of the easement, the lot setback area, both for front yard, side yard, and comer lot requirements, be measured from the boundaries of the lot before the encroachment and not reduced by the area of easement; and 2) the area required under the Zoning Ordinance for lot size area requirements will be measured from the lot lines before the conveyance of the easement and reduced by the area of easement. Motion by Councilmember Cummings, seconded by Councilmember Thole to adopt Resolution 98-252 accepting the street easement for Third Avenue South. Ayes: Councilmembers Bealka, Cwnmings, Thole, Zoller and Mayor Kimble. Nays: None. 2. Discussion ofNSP proposal for downtown decorative lights. r City Coordinator Kriesel presented a memo from City Engineer Ecldes regarding an agreement proposal from Northern States Power to change the ownership of the existing downtown street light system, as well as the installation of new decorative streetlights. NSP would install the new light system, and also own and operate the new system as well as the 5 .. City Council Meeting 98-23 September 22, 1998 r old system. The agreement would cover the installation oflights on Main Street and Chestnut Street from main to the bridge. It does not cover any streets west of Main Street. The proposal seems favorable; the proposed City costs appear reasonable. There are two possible funding sources: 1) using the 429 local improvement process that would result in assessments; or 2) set up a special taxing district for those properties bordering the lighted streets. Motion by Councilmember Cummings, seconded by Councilmember Bealka directing staff to contact the City of Stillwater Chamber of Commerce and continue working with NSP regarding the proposal for downtown decorative lights. All in favor. 3. Request to Cable Commission for internet service for St. Croix Valley Recreation Center Community Development Director Russell recommended Council request the Cable Commission provide cable access to the St. Croix Valley Recreation Center so programs can be broadcast from the Center. The estimated cost of the connection is $13,500. Motion by Councilmember Thole, seconded by Councilmember Zoller directing staff to request cable access from the Central St. Croix Valley Joint Cable Communications Commission for the St. Croix Valley Recreation Center. All in favor. 4. Request by Croix Builders, Inc., for extension of contract deadlines for purchase of city property for condominium and parking ramp. ("' Community Development Director Russell reported a letter was received from Robert Briggs of Eckberg, Lammers, Briggs, Wolff & Vierling. P.L.L.P., representing John Roettger d/b/a! Croix Builders. Mr. Roettger had entered into a contract for the purchase of property owned by the City and John Bourdaghs for the construction of a condominium and parking ramp. His client, Mr. Roettger, has been unable to obtain financing. He has been approached by a potential investor/buyer, but additional time is needed to compete a financing package. They are requesting an extension of the deadlines set forth in the contract for a period of six months. Motion by Councilmember Thole, seconded by Councilmember Bealka approving the extension of the contract with John Roettger d/b/a Croix Builders, for the purchase of City property for the construction of a condominium and parking ramp to March 15, 1999. All in favor. 5. Work program with Katharine Widin, Consulting Forester and contract with Roger Tompten, Tompten Environmental Design for design services for Liberty and Legends Development r Community Development Director Russell requested Council approve the use of consultant services from Katharine Widen, Consulting Forester, and Roger Tompten, AlA Environmental Design, for review of the development proposals for the Liberty and Legends projects in the expansion area. Katharine Widen, Plant Health Associates, and Roger Tompten, Tompten Environmental, assist City staff with review to minimize tree impact and implementation of special design guidelines for the area. The cost would be paid by the city and reimbursed by the developer. 6 r ('" r .. City Council Meeting 98-23 September 22, 1998 Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt Resolution 98- 253 approving agreement with Tompten Environmental and work program for Katharine Widen, Plant Health Associates for consultant services for Liberty and Legends developments. Ayes: Councilmembers Bea1ka, Cummings, Thole, Zoller and Mayor Kimble. Nays: None. COMMUNlCATIONSIREOUESTS 1. Bill and Bonnie Hubbard - request for exemption to moratorium on building on North Hill. A letter was received from Bill and Bonnie Hubbard requesting an exemption to the moratorium on building for their property described as Lot 6, Block 44, Carli & Schulenberg's Addition, 3rd Ward. Property ID R 21.030.20.13.0026. They stated over the last ten years they have incurred considerable expense to develop this property into a buildable lot. Without an exemption, they would not have the opportunity to recoup the investments. City Attorney Magnuson reported Minnesota Statutes allow the City to deny any building permits during the period of the moratorium. However, this is a zoning question and it is within the discretion of the Council to grant relief if circumstances warrant. It is discretionary whether to prohibit building permits altogether or grant specific relief if circumstances require. Council determined the Hubbards had worked with the City and received approval for and completed improvements to prepare for the sale of the property prior to the moratorium. Therefore, this is a unique situation and should be exempted from the moratorium. Motion by Councilmember Thole, seconded by Councilmember Bealka granting the request of Bill and Bonnie Hubbard for an exemption to the moratorium on building on the property described as Lot 6, Block 44, Carli & Schulenberg's Addition, 3rd Ward. Property ID R 21.030.20.13.0026. All in favor. COUNCIL REOUEST ITEMS Councilmember Cummings noted Brown's Creek was pictured on the cover of the summer 1998 Trout Unlimited publication. Also mentioned was a $300,000 DNR grant for the rechanneling project. STAFF REPORTS (continued) City Attorney Magnuson requested Council authorize Mayor Kimble to sign the Project Cooperation Agreement for Phase II of the levee project. Last fall Council authorized the Mayor to sign the agreement. However, that agreement was flawed and a new agreement has been prepared. 7 . . (" ('" (" :' City Council Meeting 98.23 September 22, 1998 Motion by Councilmember Cummings, seconded by Councilmember Thole to adopt Resolution 98-254 authorizing the Mayor to sign the Project Cooperation Agreement for the levee wall project. Ayes: Councilmembers BeaIka, Cummings, Thole, Zoller and Mayor Kimble. Nays: None. Motion by Councilmember Cummings, seconded by Councilmember Thole to adjourn at 8:53 p.m. All in favor. ~/,/ Attest: fY( ,.J.' It.k ~ ~ -Y\ City Clerk Resolution 98-243: Directing Payment ofBilIs Resolution 98-244: Approval of Change order # 9 - St. Croix Recreation Center Resolution 98-245: Contract with Thomas Cleaning Co. for lead removal in firing range Resolution 98-246: Employment of Della (Sam) Finizio as part-time firefighter Resolution 98-247: Agreement with Alan Merrick's Soccer Academies,lnc., for use ofSt. Croix Valley Soccer Dome Resolution 98-248: Approving form of deed for conveyance of City land to Lakeview Hospital Resolution 98-249: Purchase of blueprint copier - Planning and Engineering Depts. Resolution 98-250: Accepting work and ordering final payment for Pioneer Park wall and Lake Drive watermain improvements, Projects 9720 and 9734, L.r. 333. Resolution 98-251: designating the Aiple property as a City Park.. Resolution 98-252: accepting the street easement for lbird Avenue South. Resolution 98-253: approving agreement with Tompten Environmental and work program for Katharine Widen, Plant Health Associates for consultant services for Liberty and Legends developments. Resolution 98-254: authorizing the Mayor to sign the Project Cooperation Agreement for the levee wall project. Resolution 98-255: approving City of Stillwater position statement regarding new St. Croix River crossing location. 8