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Home My WebLink About1998-03-03 CC MIN " '\. CITY OF STILLWATER CITY COUNCIL MEETING NO. 98-6 March 3, 1998 rooULAR MEETING 4:30 P.M. The Mayor noted this meeting will adjourn no later than 6 p.m. in compliance with Minnesota Statute 202A.19, Subdivision 1 which stales, "No...city council may conduct a meeting after 6 p.m. on the day of a major political party precinct caucus. " The meeting was called to order by Mayor Kimble. Present: Absent: Councilmembers Bealka, Cummings and Mayor Kimble Councilnj.embers Thole(arrived 4:40 p.m.), Zoller (arrived 4:35 p,m.) ~ess: Also present: City Coo dinator Kriesel City A rney Magnuson Finance irector Deblon Police C . ef Beberg Comm ty Development Director Russell City Eng r Eckles Acting F e Chief Barthol Adminis ative Assistant Cordes City Cle ,k Weldon Julie Kinf. Courier Mark Brfuwer, Gazette . STAFF REPORTS Finance Director De$on reported the year-end summary of funds held in the Lowell Park Trust was approximately $68, as of December 31, 1997. The funds must be spent by August 11. 1999, or the funds will be distribu to the heirs of Elmore Lowell. Community DevelopJ/1ent Director Russell requested Council consider using these funds for the purchase of a portion of rai1ro~ land south of Mulberry, adjoining Lowell Park. He suggested the City reaffirm its interest in purchasing this property. . r , Motion by CounciJmemt!er Cummings, seconded by Councilmember Bealka to earmark the funds held in the Lowell Park Trust for thF possible purchase of railroad property adjoining Lowell Park. All in favor. Finance Director De~lon also presented information regarding rural taxing districts as it relates to the annexation agreeme~. The debt levy is applied 100% to all parcels regardless of urban or rural status per State Statutes. The gFnerallevy is applied at 50% to the annexation area parcels pursuant to the annexation agreeme~. that established two separate rural taxing districts (approximately 80 parcels of property in both rur taxing districts). Per State Statute, the deadline for changing service rates for rural taxing districts was ugust 1, 1997, for taxes payable 1998; the tax levy for payable 1998 was set by Council on Decembe 16, 1997, and by Statute cannot be changed. She explained a rebate to property owners appears to be[the only alternative to change city taxes paid for payable 1998. It is her understanding Council wants to rebate the difference in total tax rate charged (25.825%) and 50% of the city rate (18.556%). !The City Attorney is preparing a legal opinion. She recommended in future years " city Council Meeting No. 98-6 March 3, 1998 Council adjust the rural taxing districts to a percentage reasonably close to the total percentage of taxes agreed upon. If an exact amount based on the total percentage is wanted, it would require the rebate method. (" City Attorney Magnuson recommended an application for rebate be developed to be filled out by the owner of the property. This would ensure the rebate was given to the actual owner. Councilmember Zoller arrived at 4:35 p.m. Councilmember Thole arrived at 4:40 p.m. Police Chief Beberg reported the written and oral exams for the vacant patrol officer position and patrol sergeant position have been completed. He requested Council approve the employment of Nathan Meredith as patrol officer and promotion of Scott Parker to patrol sergeant effective March 16, 1998. He also requested authorization to purchase a replacement computer. (action on consent agenda). In addition, he provided Council with the 1997 Police Department Annual Activity Report. Community Development Director Russell updated Council on the discussions regarding the purchase of the Rivard property. Mr. Rivard has been out of the area. Mr. Russell will provide Council with a report at the March 17 meeting. Mr. Russell also stated he will be presenting an update on the ice arena at the April 7 meeting. r City Clerk Weldon presented a request from Pat BantU, Stillwater Township Clerk, for use of the Council Chambers by the Stillwater Town Board on Tuesday, April 14, 1998, at 7 p.m. for an informational meeting regarding Stonebridge Trail. Motion by Counci1member Thole, seconded by Councilmember Zoller approving the use of the Council Chambers by the Stillwater Town Board on Tuesday, April 14, 1998, at 7 .m. All in favor. City Clerk Weldon also reported the Human Rights Commission had requested appointments of the two youth appointments be postponed until the April 7th meeting to allow time for the Commission's review of the applications and recommendation to Council. City Coordinator Kriesel noted George Diethert will be retiring March 1, 1998. He thanked Mr. Diethert for 23 years of dedicated service to the City. City Coordinator Kriesel reported a request had been made to the Park and Recreation Board to surface Northland Park for an in-line skate facility. Funds are being raised for this project; the City has been asked to act as fIScal agent. Motion by Councilmember Cummings, seconded by Councilmember Thole approving the request that the City act as the fiscal agent for an in-line skate facility at Northland Park. All in favor. APPROVAL OF MINUTES r.1otion by Councilmember Thole, seconded by Councilmember Bealka approving the minutes of the February 17, 1998, Regular Meeting. All in favor. 2 ~. City Council Meeting No. 98-6 March 3, 1998 CONSENT AGENDA- Motion by Counci\member Thole, seconded by Councilmember Zoller approving the consent agenda. All in ("favor. 1. Resolution 98-47: Directing Payment of Bills. 2. Contractors Licenses: Universal Signs, St. Paul (renewal); M & W Water & Sewer, Cedar, MN (new); Webster Co., St. Paul (new); Nardini Fire Equipment Co. (renewal); KelIer Corp. (new). 3. Hang banner - Taste of Stillwater, June 8-21, 1998, City of Stillwater Chamber of Commerce. 4. Resolution 98-48: Residual Equity Transfers and Operation Transfers for End of Year 1997. 5. Resolution 98-49: Approving Cooperative Purchasing Agreement with State of Minnesota. 6. Request by Stillwater Town Board to use council chambers April 14 for informational meeting. 7. Approval of labor contracts for 1998: 1) Resolution 98-50: AFSCME, Local 517 and 2) Resolution 98-51: Stillwater Firefighter's Association. 8. Purchase of two work stations - Administration. 9. Purchase of overhead projector - Administration. 10. Purchase of computer - Police. 11. Purchase of upgrade AutoCad from Eagle Point Software - Engineering. 12. Resolution 98-52: Full-time employment of Nathan Meredith as patrol officer. 13. Resolution 98-53: Promotion of Scott Parker to Patrol Sergeant. 14. Resolution 98-54: Commending George Diethert for dedicated service to the City of Stillwater. 15. Resolution 98-55: Setting City contribution for Councilmembers, qualified retired employees and certain exempt employees. rl6. Release of funds, 1998 Capital Budget, Phase I - Stillwater Public Library. ~ i 7. Resolution 98-56: Permanent employment of Keith Nelson as Chief Mechanic. 18. Resolution 98-57: Full-time employment of Kim Kallestad as Fire Chief. 19. Purchase of new employee identification badges. PUBLIC HEARINGS 1. Case No. SUB/98-7. This is the day and time for the public hearing to consider a request from Robert Liberty for a subdivision request to subdivide a 1.33 acre parcel into three parcels one being 37,684 sq. ft. with existing house, 12,063 sq. ft. (new parcel) and 8,239 sq. ft. to Washington County for McKusick Road at 1010 McKusick Road in the RA, One Family Residential District. Notice of the hearing was placed in the Stillwater Gazette on February 20, 1998, and notices mailed to affected property owners. Community Development Director Russell summarized the request for the subdivision. A utility/drainage easement shall be provided as required by the City Engineer (condition of approval). The subdivision meets the development regulations of the zoning and subdivision ordinances and was recommended for approval by the Planning Commission. The Mayor opened the public hearing. 1. Alice Stehr, 771 Fischer Circle, questioned if the same restrictive covenants covering their property would 1"". apply to the property proposed to be subdivided. Councilmember Thole explained covenants are between ~ the selIer and the buyer and relate to only those specific properties. City ordinances apply to alI properties. A covenant can be more restrictive than a City ordinance, but not less restrictive. Covenants would apply to the proposed subdivision only if Mr. Liberty chose to add covenants when selling the property . 3 City Council Meeting No. 98-6 March 3, 1998 The Mayor closed the public hearing. ~otion by Counci1member Thole, seconded by Councilmember Cummings to adopt Resolution 98-58 approving the subdivision of a 1.33 acre parcel located at 1010 McKusick Road in the RA, One Family Residential District, into three parcels: 37,684 sq. ft. with existing house; 12,063 sq. ft. (new parcel); and 8,239 sq. ft. to Washington County for McKusick Road, as conditioned by the Planning Commission. Ayes: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble. Nays: None. UNFINISHED BUSINESS 1. Report: Gary Starns complaint regarding Valley Co-op. City Attorney Magnuson reported staff is continuing to work with the Valley Co-op and Mr. Starns to arrive at a satisfactory signage and parking regulation program for North Street and William Street that would be acceptable to the Valley Co-op and yet provide relief to the residential neighbors. Staff will bring a recommendation to Council at a later meeting. Motion by Councilmember Thole, seconded by Councilmember Bealka to table the discussion of the parking problem at Valley Co-op until staff completes the review and recommendation. All in favor. r. Recommendation for Aiple property master plan consultant. As directed by Council on Dec. 16, 1997, staff proceeded with the process of securing bids for the creation of a master Plan for the Aiple/Kolliner properties. Community Development Director Russell stated a committee of five (Jeff Johnson, HPC; David Junker, Park and Recreation Commission; James Laskin, downtown business owner; and Steve Russell) interviewed the four short listed finns. He requested approval of SRF Consulting Group to prepare the Master Plan for the Aiple/Kolliner properties. The consultant fee is $39,733 for Tasks 1.0-4.0 and $8,221 for Task 5 (optional). Staff is requesting approval to have the property surveyed. Counci1member Cummings stated the Park and Recreation Commission should have a strong administrative role in the development of the park plan. City Coordinator Kriesel concurred the Commission should be the fmal review committee before it goes before Council. Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution 98-59 approving the contract with the SRF Consulting Group, Inc. for preparation of the Master Plan for the Aiple property and Kolliner Park. Ayes: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble. Nays: None. NEW BUSINESS r' 1. Approving plans and specifications and ordering advertisement for bids for South 1" Street Reconstruction, Project 9802; and Curve Crest Boulevard Street Rehabilitation, Project 9803. 4 , 0,' City Council Meeting No. 98-6 March 3, 1998 o City Engineer Eckles presented a memo from Civil Engineer Sanders regarding the plans and specifications for the South 1 II Street and Curve Crest Boulevard improvements. It is anticipated that combining the two projects for bidding purposes will provide the City with more advantageous bids. The bid date will be April 2, 1998, at 2 p.m. with bids presented to Council at the April 7 meeting. Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt Resolution 98-60 approving plans and specifications and ordering advertisement for bids for South 1" Street Reconstruction, Project 9802; and Curve Crest Boulevard Street Rehabilitation, Project 9803. Ayes: Councilmembers Zoller, Thole, Cummings, Bea1ka and Mayor Kimble. Nays: None. 2. Restricting parking on the north side of Burlington Avenue from Sixth Avenue to Fifth Avenue. City Engineer Eckles presented another memo from Civil Engineer Sanders which stated Burlington Avenue between Sixth Avenue and Fifth Avenue is being improved from a rural to an urban road as part of the First Street Reconstruction Project. The street is designated as a Municipal State Aid street and state funding will be received to construct this segment. Therefore, it must be constructed to State Aid standards which requires one side be restricted with no parking. It is proposed to restrict parking on the north side of Burlington Avenue along this segment, consistent with Burlington Avenue from Fifth Avenue to Fourth Avenue. r Councilmember Zoller asked staff to discuss the proposal with neighbors. He expressed concern with the side designated as restricted. Motion by Councilmember Thole, seconded by Councilmember Bea1ka to adopt Resolution 98-61 restricting Parking on S.A.P. 169-120-03 (Burlington Avenue) from First Avenue to Sixth Avenue. Ayes: Counci1members Thole, Cummings, Bealka and Mayor Kimble. Nays: Councilmembers Zoller. 3. Request to obtain proposal for preparation of North 62'" Street area specific plan. Community Development Director Russell requested authorization to request proposals for the preparation of a North 62'" Street Specific Plan. The Comprehensive Plan provides general land use direction for the North 62'" Street area. Issues regarding circulation, road closures, detailed land use planning, drainage, and utility location have yet to be resolved. He explained the area is currently zoned Agricultural as a holding description and will have to be rezoned. A developer is interested in this area and planning issues will be difficult to coordinate without the preparation of a specific area plan. This type of plan provides a basis for coordination of area development and the opportunity for property owners and area residents to be involved. Motion by Councilmember Thole, seconded by Councilmember Zoller authorizing staff to obtain a proposal from a consulting firm to develop an area specific plan for North 62'" Street area. All in favor. 00MMUNlCATIONSlREOUESTS 1. Territorial Coalition, Inc. - Update on development of territorial prison site. 5 . <. City Council Meeting No. 98-6 March 3, 1998 ('" Michael Borum, Territorial Coalition, Inc. (TCI), requested another extension of the closing on the property through the end of April 1998. The National Park Service has not yet removed the contingency regarding the prototype window to be installed in the building . The Park Service approval is necessary to qualify the project for federal historic rehabilitation tax credits. The approval of the tax credits is an integral part of the investor's return on the investment for the project and the windows must be approved before going forward. The Minnesota Historical Society must fIrst give approval and then forward the request for removal of the contingency to the National Park Service. Because the Park Service does not have all the information and it will take some time for them to approve it and then complete documentation to close the transaction, an extension is necessary. He stated Mr. Lang is currently meeting with The Hearn Company in Chicago, Illinois. The Hearn Company is partnering with TCI to supply the necessary equity for completion of the project. Motion by Councilmember Bealka, seconded by Councilmember Thole approving the extension of the Agreement with the Territorial Coalition, Inc., for development of the territorial prison site through April 30, 1998. All in favor. COUNCIL REOUEST ITEMS Councilmember Thole presented a request from a resident that Council consider an ordinance requiring clean-up of animal feces on public property. Council directed staff investigate the development of regulations . ('" Mayor Kimble noted that with the hiring of a Fire Chief at this meeting, he felt it was the appropriate time to publicly thank Acting Chief Barthol for his work while filling that position for the past five months. The other Councilmembers also expressed their appreciation. ADJOURNMENT Motion by Councilmember Thole, seconded by Councilmember Cummings to adjourn at 5:30 p.m. All in favor. 1 cfr/~ /...dt ,(~ ~"1 City Clerk Attest: Resolution 98-47: Directing Payment of Bills. Resolution 98-48: Residual Equity Transfers and Operation Transfers for End of Year 1997. Resolution 98-49: Approving Cooperative Purchasing Agreement with State of Minnesota. Approval of labor contracts for 1998: Resolution 98-50: AFSCME, Local 517 and Resolution 98-51: Stillwater Firefighter's Association. Resolution 98-52: Full-time employment of Nathan Meredith as patrol officer. Resolution 98-53: Promotion of Scott Parker to Patrol Sergeant. ~esolution 98-54: Commending George Diethert for dedicated service to the City of Stillwater. ~ J.esolution 98-55: Setting City contribution for Councilmembers, qualified retired employees and certain exempt employees. Resolution 98-56: Permanent employment of Keith Nelson as Chief Mechanic. Resolution 98-57: Full-time employment of Kim Kallestad as Fire Chief. 6 . ',',. tity Council Meeting No. 98-6 March 3, 1998 Resolution 98-58: Approving the subdivision ofa 1.33 acre parcel located at 1010 McKusick Road in the RA, One Family Residential District, into three parcels: 37,684 sq. ft. with existing house; 12,063 sq. ft. 0new parcel); and 8,239 sq. ft. to Washington County for McKusick Road, as conditioned by the Planning Commission. Resolution 98-59: Approving the contract with the SRF Consulting Group, Inc. for preparation of the Master Plan for the Aiple property and Kolliner Park. Resolution 98-60: Approving plans and specifications and ordering advertisement for bids for South 151 Street Reconstruction, Project 9802; and Curve Crest Boulevard Street Rehabilitation, Project 9803. Resolution 98-61: Restricting parking on S.A.P. 169-120-03 (Burlington Avenue) from First Avenue to Sixth Avenue. r ('" 7