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HomeMy WebLinkAbout1998-04-07 CC MIN .' (\ n r . CITY OF STILLWATER CITY COUNCIL MEETING NO. 98-9 April 7, 1998 REGULAR MEETING 4:30 P.M. The meeting was called to order by Councilmember Cummings Present: Councilmembers Cummings, Bealka, Zoller Absent: Councilmember Thole (arrived 4:45 p.m.) and Mayor Kimble Also present: City Coordinator Kriesel City Attorney Magnuson Community Development Director Russell Parks Director Thomsen Police Chief Beberg City Engineer Eckles Fire Chief Kallestad Building Inspector Zepper Administrative Assistant Cordes Administration Secretary Thorn Press: Julie Kink, Courier STAFF REPORTS Police Chief Beberg reported that the current ordinance regulates parking enforcement in the downtown area Monday through Saturday 8:00 a.m.- 6:00 p.m. ChiefBeberg suggested that we revise the ordinance to cover the same hours for Sunday enforcement. With the additional enforcement, the parking signs have to be changed to reflect the additional day. In addition, the Downtown Parking Commission requests that the weekend enforcement coincide with the paid parking lots which is May 16th through October 4. (Action taken at 7 p.m. meeting) Police Chief Beberg also reported that on Friday and Saturday night, the City of Stillwater provided emergency personnel for the City of St. Peter. City Engineer Eckles stated that the alarm system for the lift stations in the City need to be modified as a result of the remodeling of City Hall. This would involve installing a high water alarm in the sleeping quarters of the Fire Department. The cost for these modifications is approximately $2,500. Motion by Councilmember Bealka, seconded by Councilmember Cummings to adopt Resolution No. 98-88 approving the lift station alarm improvements from Braun Pump and Controls for a cost not to exceed $2,500. .' " City Council Meeting No. 98-9 April 7, 1998 Ayes: Councilmembers Bealka, Cummings, Zoller ~ Absent: Councilmember Thole and Mayor Kimble Community Director Russell reported that there are two projects that have received City approval but do not require special use permits. OfficeMax will be going in between Cub and Target. An office building will be going in between KinderCare and Oasis Market on County Road 5. Parks Director Thomsen reported that he will be hiring three new Parks workers for the season. He is also requesting authorization to install a privacy fence at the Parks building and install a new horseshoe court at Northland Park. All of these items are on the consent agenda. Mr. Thomsen also reported that he and Sue Fitzgerald have been meeting with the person who donated $250,000 for improvements to Pioneer Park and the final plans are complete. The playground plan presented by St. Croix Recreation Company will have a logging theme to go with the history of the city and land that Isaac Staples once owned. They will be installing two cobble stone walkways and lights will be installed around the walkway and play area. A model of the playground and a drawing of the park will be available in the future for Council to review. Councilmember Bealka stated that there is some concern over children skateboarding in the parking lot at the UFE building. There was some discussion over whether a public area would be available in the future. Mr. Thomsen will investigate the possibilities and report back to Council. r City Engineer Eckles reported that the retaining wall that holds up 2nd street south of Pioneer Park is in serious need of repair. There are several options available for repairing this wall. Mr. Eckles will work with staff to investigate the options and report back to Council for a decision. OTHER BUSINESS 1. Update on Lumberjack Days and 4th of July Celebration - Dave Eckberg, St. Croix Events, Inc. Mr. Eckberg reported on the activities planned for the 4th of July and Lumberjack Days. Lumberjack Days will be held Tuesday July 21 through Sunday, July 26,1998. He proposed that the City make the following contributions: _ The sum of $9000 for the 4th of July Fireworks show. The sum of $6000 for the Lumberjack Days Parade. The sum of $6000 for the Lumberjack Days Fireworks. Exclusive use of Lowell Park and Pioneer Park during the celebration. Motion by Coun*ember Bealka, seconded by Councilmember Thole approving a City contribution of .00 for Lumberjack Days and 4th of July celebrations as follows: $9000 for 4th of July fireworks; $6000 for Lumberjack Days fireworks; $6000 for Lumberjack Days r 2 " City Council Meeting No. 98-9 April 7,1998 Parade, and use of Lowell Park and Pioneer Park during the Lumberjack Days celebration. All (' in favor. Council directed Mr. Eckberg to work with staff regarding the vending of beer at these events. 2. Update on Sports Complex. Community Development Director Russell summarized the progress to date, necessary and optional change orders and the fund raising activity of the St. Croix Sports Commission. He presented a list of proposed change orders and requested Council direction. Mr. Russell also informed council that the base bid for the Park and ride construction was $184,121 and the cost could total $200,000 with additional lighting. The cost of the Park and Ride work will be paid by the City but reimbursed by MNIDOT. Motion by Councilmember Bealka, seconded by Councilmember Thole adopting Resolution 98- . 89 approving Change Order No. 0-2 and bid for Park and Ride facilities - St. Croix Valley Sport Complex Building Project. Ayes: Councilmembers Bealka, Thole, Zoller and Acting Mayor Cummings Nays: None Absent: Mayor Kimble r City Coordinator Kriesel reported that Pepsi-Cola will contribute $25,000 toward vending food and drink materials if Pepsi-Cola was given exclusive rights to the vending machine sales. There have been many other offers for donations. Council directed staff to work with the St. Croix Valley Sports Commission and St. Croix Catering to determine which offers to accept and draw up agreements. 3. Agreement with Midwest Spine Institute for financing Zamboni. City Coordinator Kriesel reported that Midwest Spine Institute (located in Stillwater) has offered to contribute $60,000 toward the purchase of the Zamboni if Midwest Spine was allowed to place advertising on each side of the Zamboni, be given exclusive advertising rights on any new or replacement Zamboni in the future, to have the Zamboni painted white to provide flexibility for corporate advertising. Motion by Councilmember Thole, seconded by Councilmember Zoller approving the concept 0 an agreement with Midwest Spine and directing staff to prepare such ement. The meeting was recessed at 5:55 p.m. - r Attest: 44-,~ 'i1<A: ,.J. Acting City Clerk 3 " City Council Meeting No. 98-9 April 7,1998 (' CITY OF STILLWATER CITY COUNCIL MEETING NO. 98-9 April7,1998 RECESSED MEETING 7:00 P.M. The meeting was called to order by Acting Mayor Thole. Present: Absent: Councilmembers Cummings, Bealka, Zoller, Thole Mayor Kimble Also present: City Coordinator Kriesel City Attorney Magnuson Community Development Director Russell City Engineer Eckles Fire ChiefKallestad Planning Commission Fontaine Administration Secretary Thorn Press: Julie Kink, Courier Mark Brouwer, Gazette f' APPROVAL OF MINUTES Motion by Councilmember Bealka, seconded by Councilmember Zoller approving the minutes of March 17, 1998 Regular Meeting. All in favor. CONSENT AGENDA Motion by Councilmember Zoller, seconded by Councilmember Cummings approving the consent agenda. All in favor. (" 1. Resolution 98-74: Directing Payment ofBil1s 2. Resolution 98-75: Establishing Library Trust Fund (Minerva Fund) 3. Contractor Licenses - Roof Tech, Inc., Stillwater; Stillwater Sign Company, Stillwater; Kraus-Anderson Construction, Minneapolis; River Valley Restoration, Stillwater; Construction 70 Inc., Minneapolis. 4. Hang Banner- Church ofSt. Michael Parish Festival- July 3-18,1998 5. 1998 Capital Budget Release, Part 2 - Stil1water Public Library 6. Resolution 98-76: Approving abatement of Assessments. 7. Resolution 98-77: Approving abatement of Assessments. 8. Resolution 98-78: Approving abatement of Assessments. 9. Resolution 98-79: Permanent Employment of John Zizzo as Patrol Officer. 10. Repair of Civil Defense Warning Siren at North 4th and Moore Streets. 11. Resolution 98-80: Employment of Larry Buberl as part-time parking enforcement officer. 4 , ' City Council Meeting No. 98-9 April 7, 1998 r 12. Resolution 98-81: Accepting bid for purchase of ice resurfacer for Stillwater Area Community Center 12. Resolution 98-82: Temporary employment of Robert Hamble - Parks Dept. 13. Resolution 98-83: Temporary employment of Chris Diethert - Parks Dept. 14. Resolution 98-84: Temporary employment of Jennifer Anderson - Parks Dept. 15. Installation of privacy fence at parks building. 16. Resolution 98-85: Contract with Veesenmeyer Const./Soft-Crete for install of horseshoe courts at Northland Park. 17. Resolution 98-86: Contract with Bailey Construction for beach and boardwalk improvements at Lily Lake. 18. Purchase of Lifeguard equipment for Lily Lake Beach. 19. Resolution 98-87: Accepting works and ordering final payment for Pine Street Reconstruction Improvements, Project 9635, L.I. 295. 20. Attendance at New Urbanism Congress, Denver Co. - Community Development Director. PUBLIC HEARINGS I. Case No. V /98-11. This is the day and time for the public hearing to consider an appeal from the Planning Commission for a request from Todd and Kristine Wilson for a variance request for modification (reduction) of a drainage/utility easement to accommodate construction of a swimming pool in the rear yard of a single family residence at 263 Pineridge Lane in the RA Single Family Residential District. Notice of the hearing was placed in the StilJwater Gazette on March 27,1998, and notices mailed to affected property owners. r Community Development Director Russell reported that this request was denied by the Planning Commission with a vote 6-0 fmding the request inconsistent with the condition of Interlachen II subdivision wetland conservation requirements and subdivision utility and drainage design. He stated that the drainage system and wetland protection was studied and discussed extensively during the platting of the area. Planning Commission member Jerry Fontaine stated that the Planning Commission feels that there was a lot of input into this decision and that it would not make sense to approve this request. The mayor opened the public hearing. 1. Todd Wilson, 263 Pineridge Lane, handed out copies of a letter that was sent to the Mayor stating various steps that he has taken. He stated that this is an issue regarding the validity of the actual easement which was not disclosed to him at the time he purchased this home. He felt that the developers were not up front with him and did not post the required signs containing said easement prior to the selling of any lots. There was also no mention of a conservation easement in any of the documents he received prior to purchasing this property. Aside from limiting him from putting in a pool, this easement prevents him from making any improvement to 50% of his property on which he pays taxes. r 5 City Council Meeting No. 98-9 April 7, 1998 r 2. Signe Cowan, 202 Crestwood Terrace, stated that she and many other residents of the city are very concerned with protecting and preserving any wildlife area that is part of this development. The mayor closed the public hearing. Motion by Councilmember Zoller, seconded by Councilmember Cummings approving Resolution 98-96 denying the variance to (reduction of) utility easement and conservation easement for construction of a swimming pool (Case No. V /98-11). All in favor. Ayes: Councilmembers Bealka, Cummings, Thole and Zoller Nays: None Absent: Mayor Kimble UNFINISHED BUSINESS 1. Report: Annexation area easements. r City Attorney Magnuson reported that the City has been successful in obtaining most of the easements acquisitions for trunk utilities. Appropriate easements have been received from ISD 834, Newman Realty, Kroenings, Trailhead Development, and the agreement to convey a temporary easement from Mike Adams. The development agreement states that the developer will reimburse the City for obtaining these easements. He also stated that agreements have been reached for payment of compensation with Parsons ($500.00 plus repair of yard), Munkelwitz ($15,000.00), Minnesota Zephyr Railroad ($1,834.00 plus $500.00 for attorney fees). He requested that Council make some decision regarding the walkway easement with Gallmeier. Motion by Councilmember Cummings, seconded by Councilmember Bealka directing City Attorney Magnuson to continue to acquire all the easements originally planned for trunk utilities in the Annexation area. All in favor. 2. Appointments to the Human Rights Commission. There are two vacancies for youth members on the Human Rights Commission. These terms will expire on August 20, 1998. A request for applications was published in the Stillwater Gazette and the Courier. The following four applications were received: Mike Arney, Jake Anders, Dustin Wahlstrom and Dana Ross, Council also assigned Dustin Wahlstrom to the Hate Crime Response Team and Jake Anders to attend HRC meetings as Stillwater Area High School Liaison. Motion by Councilmember Zoller, seconded by Councilmember Cummings approving Resolution 98-90 appointing Mike Arney and Dana Ross to fill the vacancies on the Human Rights Commission for student terms to expire August 20, 1998. r 6 City Council Meeting No. 98-9 April 7,1998 r Ayes: Councilmembers Bealka, Cummings, Thole and Zoller Nays: None Absent: Mayor Kimble 3. Ratification of Development Contract with Pemtom Land Company and Contractor Property Developers Company for installation of trunk sewer and water facilities. City Attorney Magnuson reported that this is the contract agreed on at the March 31 meeting. The final contract was then prepared and signed. This vote is to ratify the contract. Motion by Councilmember Zoller, seconded by Councilmember Cummings adopting Resolution 98-91 approving the Development Agreement Contract with Pemtom Land Company and Contractor Property Developers Company for Construction of Trunk Sewer and Water in Phase 1 of the Orderly Annexation Area Ayes: Nays: Absent: Councilmembers Bealka, Cummings, Thole and Zoller None Mayor Kimble 4. Update: Sports Complex This was discussed at the 4:30 meeting. See above. r 5. Purchase of railroad land west of Mulberry point. Community Director Russell stated that this is the final purchase agreement for the property that was approved for purchase at the March 17, 1998 meeting. Motion by Councilmember Cummings, seconded by Councilmember Bealka adopting Resolution 98- 92 approving the Purchase Agreement with the Burlington Northern and Santa Fe Railway Company for the purchase of property to extend Lowell Park. Ayes: Councilmembers Bealka, Cummings, Thole and Zoller Nays: None Absent: Mayor Kimble 6. First Reading of an ordinance amending the Forest Protection Ordinance. City Coordinator Kriesel stated that he is working on a proposed work program for a City Forester and hopes to have that fmalized for the next meeting. This would be a part-time position that would include development of an amended tree preservation ordinance, a tree preservation plan, a tree inventory, consulting services, educational services, and obtaining Tree City USA status. No action taken. (" 7 City Council Meeting No. 98-9 April 7, 1998 7. Update: Rivard Property. r City Attorney Magnuson reported that the appraised value on this property is $675,000.00. Mr. Magnuson and Community Director Russell have met with Rivard's several times and his latest demand is $1,000,000.00 plus a life estate in the house for Burt, his wife and their daughter Rhonda. Russell stated that he spoke with Rivard before the meeting and his latest offer was $850,000.00 made in two installments. This offer was made with the City securing sites for public works and water (approximately 8 acres) and within two years the City could secure this 8 acres and a second payment would be made. However, this would call for the purchase of the house at a cost of approximately $125,000 - $150,000. Council directed Community Development Development Director Russell to continue to negotiate with Mr. Rivard and present a firm offer at a future meeting. NEW BUSINESS 1. Request to close a portion of North Everett St. and West Cherry St. for an annual Hope House fundraising auction on May 9,1998. t , Motion by Councilmember Cummings, seconded by Councilmember Bealka approving the closing of North Everett Street at West Linden Street to West Cherry Street, including West Cherry Street to the dead end, for the Annual Hope House Fundraising Auction on May 9, 1998. All in favor. (' 2. Transfer of on-sale and Sunday liquor license - Lowell Inn. Motion by Councilmember Cummings, seconded by Councilmember Bealka adopting Resolution 98-93 approving a new on-sale and Sunday liquor license for Semper Lowell Associates dba Lowell Inn. , Ayes: Councilmembers Bealka, Cummings, Thole and Zoller Nays: None Absent: Mayor Kimble 3. Recommendation from Downtown Parking Commission for repair of South Main and River pay parking lots. Community Development Director Russell reported the Downtown Parking Commission has reviewed the conditions of the pay parking lots (South Main and River Lots) and have determined they are in need of repair. The estimate for the South Main Lot is $49,811. The South Main Lot reconstruction would be funded by Impark's parking receipts for this year (estimated to be $40,000) and the remaining from 1999 parking revenues. The repair of the River Lot (estimated to be $15,000) would be paid by federal monies received for flood damage. (". 8 " , City Council Meeting No. 98-9 April 7, 1998 r He also reported the UBC condo project and Second Street parking structure have not proceeded as proposed. The Commission feels the City should again consider improving the lot for the upcoming season. He will return with a status report of the UBC lot at the April 21st meeting. Motion by Councilmember Bealka, seconded by Councilmember Cummings to adopt Resolution 98-94 approving the agreement with Impark for reconstruction of South Main Parking lot at a cost not to exceed $49,811. Ayes: Councilmembers Bealka, Cununings, Thole and Zoller Nays: None Absent: Mayor Kimble Motion by Councilmember Bealka, seconded by Councilmember Cummings authorizing the repair and overlay of the River Lot for an approximate cost of $1 5,000, to be funded by federal flood funds. All in favor. 4. Review and approval of wetland replacement plan for Legends of Stillwater, Project 9741 r City Engineer Eckles reported the Legends of Stillwater has seven wetlands on the propertY. The developers have a development plan which avoids impact on six of the wetlands. One of the smaller wetlands, 2700 square feet, requires mitigation. Mitigation generally involves recreating new wetlands at a rate of 2 to I where existing wetlands are filled. The developers have presented a plan to fill a small wetland near Staples Place and in its place enlarge the wetland located just south in the park. Staff has reviewed the plans and has received comments from the Minnesota Department of Natural Resources and Washington County Soil and Water Conservation District (SWCD). As a condition of approval the developer's will be required to modify the seed mixture to meet the approval of the Washington County SWCD. Motion by Councilmember Cummings, seconded by Councilmember Bealka to adopt Resolution 98-95 adopting the Wetlands Mitigation Plan for Legends of Stillwater, subject to modifications to seed mixture recommended by Washington County SWCD. Ayes: Councilmembers Bealka, Cununings, Thole and Zoller Nays: None Absent: Mayor Kimble Councilmember Bealka requested Council vote on the recommendation of the Downtown Parking Commission for changes in parking enforcement hours. (discussion at 4:30 meeting) Motion by Councilmember Bealka, seconded by Councilmember Cummings to have the first reading of the ordinance amending Chapter 51, Traffic and Parking Regulations, by adding Sunday enforcement hours. r 9 " . City Council Meeting No. 98-9 April 7, 1998 r Ayes: Councilmembers Bealka, Cummings, Thole and Zoller Nays: None Absent: Mayor Kimble COUNCIL REOUEST ITEMS Councilmember Cummings stated the Park and Recreation Board had voted unanimously to request Council to direct staff to prepare a Request for Proposals (RFP) for a City Master Park Plan. Council directed Community Development Director Russell to return with a recommendation on the preparation of a RFP for a City master park plan. Councilmember BeaJka asked City Coordinator Kriesel to address residents regarding yard waste bags and pickup. Mr. Kriesel reported the new owners, USA Waste, thought that there was a policy that the yard waste would not be picked up until April 15. They have been informed by the City there is no such policy and yard waste is to be picked up whenever it is placed out for pickup. The yard waste biodegradable bag program oflast year did not succeed because of distribution problems. This year residents may use paper or plastic bags. Four-foot bundles of brush will be picked up. r Motion by Councilmember Zoller, sconded by Councilmember Bealka to have the first reading of an ordinance amending Chapter 30, Garbage and Rubbish, by rescinding Ordinance 836, regarding use of authorized biodegradable bag for yard waste. Ayes: Councilmembers Bealka, Cummings, Thole and Zoller Nays: None Absent: Mayor Kimble City Coordinator Kriesel reported the tentative rescheduling of the workshop with the Charter Commission for 4:30 p.m. on April 21, 1998. ADJOURNMENT Motion by Councilmember Cummings, seconded Councilmember Thole to adjourn at 8:25 p.m. All in favor. Attest: 1lf,-:h ~ fAA ; -'\ ~ '.." City Clerk c:::fr~ (' 10 , .'. .,'. r r r City Council Meeting No. 98-9 April 7, 1998 Resolution 98-74: Directing Payment of Bills Resolution 98-75: Establishing Library Trust Fund (Minerva Fund) Resolution 98-76: Approving abatement of Assessments. Resolution 98-77: Approving abatement of Assessments. Resolution 98-78: Approving abatement of Assessments. Resolution 98-79: Permanent Employment of John Zizzo as Patrol Officer. Resolution 98-80: Employment of Larry Buberl as part-time parking enforcement officer. Resolution 98-81: Accepting bid for purchase of ice resurfacer for Stillwater Area Community Center Resolution 98-82: Temporary employment of Robert Hamble - Parks Dept. Resolution 98-83: Temporary employment of Chris Diethert - Parks Dept. Resolution 98-84: Temporary employment of Jennifer Anderson - Parks Dept. Resolution 98-85: Contract with Veesenmeyer Const./Soft-Crete for install of horseshoe courts at Northland Park. Resolution 98-86: Contract with Bailey Construction for beach and boardwalk improvements at Lily Lake. Resolution 98-87: Accepting works and ordering final payment for Pine Street Resolution 98-88: Approving the lift station alarm improvements from Braun Pump and Controls for a cost not to exceed $2,500. Resolution 98-89: Approving Change Order No. G-2 and bid for Park and Ride facilities - St. Croix Valley Sport Complex Building Project. Resolution 98-90: Appointing Mike Arney and Dana Ross to fill the vacancies on the Human Rights Commission for student terms to expire August 20,1998. Resolution 98-91: Approving the Development Agreement Contract with Pemtom Land Company and Contractor Property Developers Company for Construction of Trunk Sewer and Water in Phase 1 of the Orderly Annexation Area. Resolution 98-92: Approving the Purchase Agreement with the Burlington Northern and Santa Fe Railway Company for the purchase of property to extend Lowell Park. Resolution 98-93: Approving a new on-sale and Sunday liquor license for Semper Lowell Associates dba Lowel1lnn. Resolution 98-94: Approving the agreement with lmpark for reconstruction of South Main Parking lot at a cost not to exceed $49,811. Resolution 98-95: Adopting the Wetlands Mitigation Plan for Legends of Stil1water, subject to modifications to seed mixture recommended by Washington County SWCD. Resolution 98-96: Denying the variance to (reduction of) utility easement and conservation easement for construction ofa swimming pool (Case No. V/98-11). 11