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HomeMy WebLinkAbout1998-05-19 CC MIN r U .,,:' " " J CITY OF STILLWATER CITY COUNCIL MEETING NO. 98-12 May 19, 1998 ().ECIAL MEETING 4:30 P.M. The meeting was called to order by Mayor Kimble. Present: Absent: Councilmembers Bealka, Thole, Zoller and Mayor Kimble Councilmember Cummings Also Present: City Coordinator Kriesel City Attorney Magnuson Administrative Assistant Cordes City Clerk Weldon Press: Julie Kink, Courier I. Workshop with Charter Commission - Discussion of conflict of interest provision. The special meeting was convened to discuss the Charter Commission's proposed charter amendment which defines, limits and penalizes conflicts of interest for public officers and public employees. The following Charter Commission members were present: Tim Old, Nancy Purcell, Kathy Czar, Steve Keister, Howard Lieberman, and Donald Valsvik. o Concerns regarding the enforcement provision and membership of the ethics board were discussed. Ms. Czar stated the Commission was open to any type of appointment process. Mr. Lieberman agreed legal advice was needed by the Board and suggested the City Attorney chair the Ethics Board. In the event a decision on conflict of interest was needed in a timely manner, the City Attorney could offer an advisory opinion; the complete Board would be used when needed. Mr. Magnuson stated he, as City Attorney, would be compelled to hire another attorney to make an ethics decision ifhe were perceived to have a conflict of interest in a specific matter. It was also determined city employees were already covered by an ethics provision in the City's personnel policy. Therefore, they should be removed from the Charter provision. After discussion, it was agreed zoning and licensing decisions should be covered by the ethics provision; employees should be eliminated from the provision; the City Attorney should be a member of the ethics board; and the enforcement provision should be redrafted as indicated during discussion. Mr. Lieberman invited Mr. Magnuson and two Council members to attend the June 15 Charter Commission meeting to work out the details of the final draft. A first reading of the ordinance could be scheduled for July 7th and a second reading on July 21,1998. Motion by Councilmember Thole, seconded by Councilmember Zoller directing City Attorney Magnuson, Councilmember Thole, and Councilmember Zoller to attend the Charter Commission meeting on June 15, 1998, to discuss conflict of interest provision amendment to City Charter. All in favor. ~ 2. Truck delivery problems at Valley Co-op. Gary Starns, 209 William, appeared to express his continued dissatisfaction with the truck delivery problems at the Valley Co-op. Mr. Kriesel stated a meeting was held with the manager of the Co-op at the site to discuss solutions to the complaints regarding the noise of delivery trucks, dieseling and blocking of ,,:;,::;~ . City Council Meeting No. 98-12 May 19, 1998 ("' driveways. It was determined signage would be placed on the north side of the building directing drivers to not block residential driveways, curbing near the side entrance would be painted yellow and signed no parking. The total elimination of truck parking/deliveries on North Street may have an adverse impact on the Co-op operation. The same delivery area has been used for several years. Mr. Starns stated the yellow curbing and signage was not sufficient; he requested deliveries be made only from the Co-op's parking lot and no trucks parked on the street. Motion by Councilmember Thole, seconded by Councilmember Bealka directing staff to meet with Gary Starns and representatives of Valley Co-op one more time to attempt to determine a mutually acceptable resolution to the delivery truck issues. All in favor. The meeting was recessed at 6:16 p.m. Attest: --1l1.M l '.1 ~ J. tJ~.......-- City Clerk CITY OF STILLWATER CITY COUNCIL MEETING NO. 98-12 May 19, 1998 REGULAR MEETING 7:00 P.M. me meeting was called to order by Mayor Kimble. Present: Councilmembers Bealka, Thole, Zoller and Mayor Kimble Absent: Councilmembers Cummings Also Present: City Coordinator Kriesel City Attorney Magnuson Community Development Director Russell City Engineer Eckles Police Chief Beberg City Clerk Weldon Press: Julie Kink, Courier Mark Brouwer, Gazette APPROVAL OF MINUTES Motion by Councilmember Thole, seconded by Councilmember Zoller approving the Minutes of May 5, 1998 Regular and Recessed Meetings; May 12, 1998 Special Meeting. All in favor. OPEN FORUM r Ed Reinke, Minnesota's Magic Midway, Inc., requested approval to have a carnival at River Heights Plaza (approximately 15 carnival rides) May 22-31 from 6-10 p.m. weekdays and noon -10 p.m. weekends. He apologized for the late notice, but they had been scheduled to be in Mound that week. However, due to the recent storm, that location was not available at this time. 2 ", City Council Meeting No. 98-12 May 19, 1998 (" Community Development Director Russell stated other similar carnivals have taken place at that location. Chief Beberg reported the police had no problems arise from the carnivals at that location. Because the late notice did not allow for the Planning Commission review of a Special Use Permit, Mayor Kimble directed the approval be contingent upon any requirements set by the Planning Department. Motion by Councilmember Thole, seconded by Councilmember Zoller authorizing Minnesota's Magic Midway, Inc., to hold a carnival at River Heights Plaza, May 22-31, 1998, subject to directives from the Planning Department. STAFF REPORTS City Coordinator Kriesel reported the St. Paul Civic Center would be holding an auction of items that could be used at the St. Croix Sports Center. He requested authorization for Dick Anderson, St. Croix Caterers, Inc., (manager of the sports center) to bid on hockey boards on behalf of the City. There would be a significant cost savings and the boards could be used at either the new ice arena or another sheet of ice. Motion by Councilmember Thole, seconded by Councilmember Zoller granting authority to Dick Anderson, manager of the St. Croix Sports Center, to bid on behalf of the City at the St. Paul Civic Center auction for items needed at the sports center. All in favor. CONSENT AGENDA. ("Aotion by Councilmember Thole, seconded by Councilmember Bealka to approve the consent agenda. All in favor. I. Resolution 98-125: Directing Payment of Bills 2. Contractors Licenses: M & S Roofing, Blaine, MN; John Low & Assoc. Inc., Stillwater; SKC Roofmg, Stillwater; Stillwater Concrete & Sidewalk, Stillwater; PCL construction Services, Inc., Bloomington; Performance Pools, Woodbury; DeMars Signs, Inc., Coon Rapids; Top Line Advertising, Inc., Blaine, MN 3. Resolution 98-126: Purchase of sewer vactor/jetter truck 4. Reschedule regular Council meeting of June 16 from 7 p.m. to 4 p.m. (amended to 4:30 p.m. later in meeting) 5. Resolution98-127: Temporary employment of Martha Vandenberg, Alexandra Kremer, Sarah Hamilton, and Annie Bryse as lifeguards for Lily Lake Beach 6. Authorization to promote one officer/sergeant to captain; promote one officer to sergeant - Police Department 7. Authori:mtion to sell two used squad cars to St. Cloud Pursuit Driving School 8. Hang Banner - Territorial Convention Celebration, August 12-27, 1998 9. Resolution 98-128: Employment of Larry Dauffenbach as Police Chief 10. Resolution 98-129: Approving Temporary Employment of Ryan Smith as Planning Department Summer Intern. 11. Resolution 98-130: Approving Change Order for Emergency Sewer Repair - First Street Reconstruction and Curve Crest Boulevard Street Rehabilitation ~2. Temporary on-sale 3.2% malt liquor license, May 29,30 and June I, 1998, Ball Tournament at Lily Lake ". . Ball Fields (Extreme-Twin Point, applicant) 13. Resolution 98-131: Full time employment of Kevin Reiners as Patrol Officer 14. Purchase of computer ticket writer 3 City Council Meeting No. 98-12 May 19, 1998 UNFINISHED BUSINESS (" I. Update: Aiple Property a) Master Plan Development Community Development Director Russell reported two meetings have been held. At the May 7, 1998, open house/workshop the results of the examination of physical conditions of the site and potential planning issues for use of the site were discussed. On May 14, 1998, the Parks Board, Planning Commission, Heritage Preservation Commission, and Downtown Parking Commission were updated on the process and asked for comments. John Larson, Project Consultant, presented council with an update on the progress of the plan preparation. A report will be made to Council in June. b) Ownership controversy o City Attorney Magnuson stated he has concluded, after a search of City records, that the City owns all the property commonly understood to be the Aiple property, including the area where the crane and dock was located and the property underneath the fertilizer building. Because of an erroneous legal description used in a 1933 conveyance, the Union Pacific Railroad Company has a cloud on the title that hopefully can be cleared with an exchange of Quit Claim Deeds. He presented a brief history of the property. The mistake creating the cloud in title occurred in 1933. On January 17, 1933, the State Highway Department submitted it's final report on the completion of Trunk Highway 95 (South Main Street) and asked the City to convey to the Chicago, St. Paul, Minneapolis and Omaha Railroad a strip of land adjacent to the right of way of the railroad near the river terminal. This land was used in moving the railroad right of way easterly to provide space for the highway. When the conveyance was made, the legal description included the entire Government Lot I, not just the small strip of land adjacent to the railroad track. South of Government Lot I, the legal description actually follows the map and shows accurately the strip the railroad needed to move their track easterly. Rod Peterson, real estate manger of the Union Pacific Railroad Company, Omaha, NE, has assured him the Union Pacific will work with the City to clear this matter up in a responsible way. He was notified today that the Union Pacific would be sending a Quit Claim Deed to the City on June 16, 1998. c) Phase I environmental study (" City Engineer Eckles summarized the Phase I Environmental Assessment prepared by Service Environmental and Engineering which outlined several "recognized environmental conditions" on the Aiple property. Mr. Eckles presented the proposal from Service Environmental & Engineering for the Phase II Environmental Assessment which would be an in-depth analysis of these conditions. Both Phase I and II are part of the Minnesota Pollution Control Agency "Voluntary Investigation and Clean Up Program" (VIe). He felt it would be prudent to do the studies given the possible development of this area as a park. The issues surrounding the Terra Terminal are of particular concern because the lessee will be leaving the site and the building in 1998 and have a responsibility to the site. He stated the cost proposal for Phase II is based on the work being done at different times. If Phase II is completed at one time, council should accept the proposal from Service Environmental and request a revised cost estimate. 4 City Council Meeting No. 98-12 May 19, 1998 Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt Resolution 98-132 accepting Ae proposal from Service Environmental and Engineering to complete the Phase II Environmental Study of the ~ \iple property and request a revised cost estimate for the work. Ayes: Absent: Nays: Councilmembers Bealka, Thole, Zoller and Mayor Kimble Councilmember Cummings None 2. Update: Sports complex Community Development Director Russell presented alternatives for providing south side seating in the ice arena. The cost of including the bleachers in the project now is $259,877. Ifpermanent bleachers and locker rooms are added at a later date, the cost would be $375,000-400,000. A decision on bleachers is necessary at this meeting because of construction scheduling if they are to be a part of the project. Bad soil was found in the area of the park and ride lot expansion. To excavate the area and fill with sand would be an additional cost of $9,750. It is likely MnDOT will pick up the cost with the Park and Ride Contingency Fund. The arena manager has requested changes in the concession area and office at an approximate cost of $10,000. This would provide a better location and more concession sales. Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt Resolution 98-133 approving ,..41e completion of south side bleachers at St. Croix Sports Center at a cost of $259,877; rearrangement of the ~ bncession area and office at an approximate cost of $1 0,000; and approval of the change order for bad soils at a cost of$9,750. Ayes: Absent: Nays: Councilmembers Bealka, Thole, Zoller and Mayor Kimble Councilmember Cummings None 3. Update: Summer parking lot improvement at UBC site. Community Development Director Russell reported the Downtown Parking Commission has reviewed the status of the UBC Condo Project and recommends the City establish the lot as a pay parking lot on weekends and permit lot/summer parking lot during the week. Minor improvements would be made to the lot for most efficient use. Revenues would be collected in a slot box. Motion by Councilmember Thole, seconded by Councilmember Zoller to establish the UBC Parking Lot as a pay lot on weekends for the 1998 season, as recommended by the Downtown Parking Commission. All in favor. 4. Possible second reading of an ordinance amending the Zoning Ordinance, Chapter 31.01, by changing the regulations regarding Home Occupation Permits, Types I, II, and III. (First reading May 5, 1998). ("\Aotion by Councilmember Thole, seconded by Councilmember Zoller to have a second reading of Ordinance No. 860 amending the Zoning Ordinance, Chapter 31.01, by changing the regulations regarding Home Occupation Permits, Types I, II, and III. 5 City Council Meeting No. 98-12 May 19, 1998 ~yes: t ~bsent: Nays: Councilmembers Bealka, Thole, Zoller and Mayor Kimble Councilmember Cummings None 5. Review of proposals for historic documentation and structural condition of quarry chimney Mr. Russel1 reported he had contacted a structural engineer and historian familiar with the chimney located at Quarry Lane. SEH presented a proposal for a survey of structural conditions for approximately $400. Don Empson estimated the cost of preparing a survey of historic significance to be approximately $150 - $200. The property owner would need to be contacted to allow access to the site. Motion by Councilmember Zol1er, seconded by Councilmember Thole to adopt Resolution 98-134 accepting the proposal of SEH for a survey of structural conditions and Donald Empson for survey of historic significance of the quarry chimney, contingent upon access approval by property owner. Ayes: Absent: Nays: Councilmembers Bealka, Thole, Zoller and Mayor Kimble Councilmember Cummings None Approving development agreement - Legends of Stillwater Approving development agreement - Liberty on Long Lake (" City Attorney Magnuson stated both development agreements have been submitted to the developers and approved for signature. The Legends development agreement has been signed by the developers. The only issue remaining for the Liberty development agreement is the engineer's estimate of improvements for the purpose of setting the amount of the Letter of Credit. Both agreements are submitted for the review and approval of Council. 6. Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt Resolution 98-135 approving the Development Agreement with the Contractor Property Developers Company relating to Liberty on Long Lake. Ayes: Absent: Nays: Councilmembers Bealka, Thole, Zoller and Mayor Kimble Councilmember Cummings None Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt Resolution 998-136 approving the Development Agreement with The Legends of Stillwater Limited Partnership; James and no Stalock; and Robert S. Moe relating to The Legends of Stillwater. Ayes: Absent: Nays: Councilmembers Bealka, Thole, Zoller and Mayor Kimble Councilmember Cummings None (" 7. Approving selection of Kathy Widin to provide consulting services for developing a Community Forestry Management Program. 6 City Council Meeting No. 98-12 May 19, 1998 r City Coordinator Kriesel recommended the City enter into a contract with Kathy Widen, Plant Health Associates, to provide consulting services for developing a Community Forestry Management Program. She suggests the City begin by identifying needs and goals regarding its tree resource, and then develop a specific work program and budget. Mr.Kriesel estimated approximately 80-100 hours would be necessary the first year for development of a good program and for inspection services. Funding would be from the Diseased Tree Fund. Mr. Kriesel will be presenting a formal agreement and budget at the June 2 meeting. Motion by Councilmember Bealka, seconded by Councilmember Thole to approve the selection of Kathy Widin to provide consulting services for developing a Community Forestry Management Program. All in favor. NEW BUSINESS I. Receiving report and ordering improvement and plans and specifications - Washington Avenue Median Reconstruction, Job. 9804. (" City Engineer Eckles presented the report on the reconstruction of the Washington Avenue median to serve Lot 2, Block I and Lot 8, Block 2, Stillwater Industrial Park. This change had been requested November 1997 by Iver Kammerud and Gale Running, representatives of the owners of the property located on Washington Avenue between Burnet Realty and Eagle Valley Bank located on the southwest corner of Tower Drive and Washington Avenue. The project and its costs were presented to Mr. Kammerud and approved by his Board of Directors. The City has received an agreement from Financial Services of St. Croix Falls, Inc., and Border Development, stating they understand they are the only one's receiving benefit from the project, should be responsible for all costs, and waive any objection to the improvement, assessment and the right to appeal. Motion by Councilmember Zoller, seconded by Councilmember Bealka to adopt Resolution 98-137 receiving report and ordering improvement and plans and specifications - W ashington Avenue Median Reconstruction, Job. 9804. Ayes: Absent: Nays: Councilmembers Bealka, Thole, Zoller and Mayor Kimble Councilmember Cummings None 2. 1998 Capital Improvement Program - Engineering City Engineer Eckles presented a list of street and utility capital improvement projects which are either underway or contemplated for construction. He summarized the priority of the projects'and requested Council adoption of projects as the 1998 Street and Utility CIP Plan. Motion by Councilmember Thole, seconded by Councilmember Bealka adopting the following projects as the 1998 Streets and Utilities Capital Improvement Program: 1998 Streets; Washin~n Avenue Median Reconstruction; 1998 Sidewalk Rehabilitation; Levy Project Phase II-s; and 2" Street Retaining Wall Repairs. ~yes: " .ays: Absent: Councilmembers Bealka, Thole and Mayor Kimble Councilmember Zoller Councilmember Cummings 7 . . . . City Council Meeting No. 98-12 May 19, 1998 ('OMMUNlCATIONSIREOUESTS 1. Jim McKnight, Board of Water Commissioners - Notice of term of board member expiring June 30, 1998. The term of Me I Friedrich will expire June 30,1998. The Board of Water Commissioners is requesting his reappointment. Mayor Kimble explained the City Charter required the vacancy be advertised in the Gazette at least 30 days before an appointment is made. Application deadline will be June 29, with possible appointment at the July 7, 1998, meeting. 2. Jane Harper, Washington County - Requesting participation on committee to evaluate governance of Water Management in Washington County. Motion by Councilmember Bealka, seconded by Councilmember Zoller nominating City Engineer Eckles to participate on.the Washington County committee to evaluate the governance of Water Management in Washington County. All in favor. STAFF REPORTS (continued) City Coordinator Kriesel reported he will be attending the Oak Park Heights council meeting on Tuesday, May 26, to present an update on the sports complex. A'lotion by Councilmember Thole, seconded by Councilmember Bealka directing a Certificate of Appreciation ( Je presented to the City Council of Oak Park Heights in recognition of Oak Park Height's contribution to the St. Croix Sports Center. All in favor. Motion by Councilmember Zoller, seconded by Councilmember Bealka amending the consent agenda, Item No. 4, by changing the meeting time of the June 16 Council meeting from 4 p.m. to 4:30 p.m. All in favor. ADJOURNMENT Motion by Councilmember Thole, seconded by Councilmember Zoller to adjourn at 8:29 p.m. All in favor. Attest: tvr-': /.1 j ()"'~ City Clerk (" 8 . . . . .. . . . . City Council Meeting No. 98-12 May 19, 1998 ~esolution 98-125: Directing Payment of Bills \. lesolution 98-126: Purchase of sewer vactor/jetter truck Resolution98-127: Temporary employment of Martha Vandenberg, Alexandra Kremer, Sarah Hamilton, and Annie Bryse as lifeguards for Lily Lake Beach Resolution 98-128: Employment of Larry Dauffenbach as Police Chief Resolution 98-129: Approving Temporary Employment of Ryan Smith as Planning Department Summer Intern. Resolution 98-130: Approving Change Order for Emergency Sewer Repair - First Street Reconstruction and Curve Crest Boulevard Street Rehabilitation Resolution 98-131: Full time employment of Kevin Reiners as Patrol Officer Resolution 98-132: accepting the proposal from Service Environmental and Engineering to complete the Phase II Environmental Study of the Aiple property and request a revised cost estimate for the work. Resolution 98-133: approving the completion of south side bleachers at St. Croix Sports Center at a cost of $259,877; rearrangement of the concession area and office at an approximate cost of$JO,OOO; and approval of the change order for bad soils at a cost of $9,750. Resolution 98-134; accepting the proposal of SEH for a survey of structural conditions and Donald Empson for survey historic significance of the quarry chimney, contingent upon access approval by property owner. Resolution 98-135: approving the Development Agreement with the Contractor Property Developers Company relating to Liberty on Long Lake. Resolution 998-136: approving the Development Agreement The Legends of Stillwater Limited Partnership; James and Ilo Stalock; and Robert S. Moe relating to The Legends of Stillwater. Resolution 98-137: receiving report and ordering improvement and plans and specifications - Washington ~venue Median Reconstruction, Job. 9804. Ordinance No. 860: amending the Zoning Ordinance, Chapter 31.01, by changing the regulations regarding Home Occupation Permits, Types I, II, and III. r 9