HomeMy WebLinkAbout1997-10-28 CC MIN
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CITY OF STILL WATER
CITY COUNCIL MEETING NO. 97-27
October 28, 1997
SPECIAL MEETING
4:30 P.M.
The meeting was called to order by Vice Mayor Thole at 4:30 p.m.
Present:
Absent:
Councilmembers Bealka, Cummings, Thole, Zoller
Mayor Kimble
Also Present:
City Coordinator Kriesel
City Attorney Magnuson
Finance Director Deblon
Police Chief Beberg
Public Works Director Junker
Community Development Director Russell
Parks Director Thomsen
City Engineer Eckles
City Clerk Weldon
Acting Fire ChiefBarthol
Press:
Julie Kink, Courier
Mike Marsnik, Stillwater Gazette
STAFF REPORTS
1. Finance Director Deblon reported the City received the final property valuations from the
County and that information was used as a basis for updated 1998 budget schedules included
in their packets.
2. Police Chief Beberg requested authorization for the purchase of training room equipment, one
computer work station, and approval to repair the civil defense siren at West Willard and S.
West Streets. He also informed Council the MN Community Policing Institute will be
holding mandated training at City Hall on Feb. 9, 10., and 11. These classes will be opened
up to neighboring communities; the City will be providing refreshments at a cost of less than
$100. (action on consent agenda)
3. City Engineer Eckles reported an error was made in the salary of Charles Ratledge as seasonal
laborer. He was employed the previous year in the Park Dept. and therefore should have
received .25 more per hour.
Motion by Counci1member Zoller, seconded by Councilmember Cummings to adopt Resolution
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97-255 amending Res. 97-128, Approving Seasonal Employment in Public Works Dept., by
amending the salary of Charles Ratledge to $8.25 per hour.
Ayes:
Nays:
Absent:
Councilmember Zoller, Bealka, Cummings, Thole
None
Mayor Kimble
1. Administrative Assistant Cordes reported that the Southwest/West Central Service
Cooperative has approved participation by the City of Stillwater. This would allow the City
to significantly reduce our Blue Cross/B1ue Shield health insurance premiums. This would
result in a 10% - 12% reduction in current rates, for the year effective 1/1/98-12/31/98 and
additional savings next year. The distribution of risk over a greater area should result in
lower premium increases in successive years. The coverage under the City's two Blue
Cross/Blue Shield plans does not change in any way.
Motion by Counci1member Zoller, seconded by Councilmember Cummings to adopt Resolution
97-256 approving joint powers agreement with Southwest Service Cooperative for group
employee health benefits.
Ayes:
Nays:
Absent:
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Counci1member Zoller, Bealka, Cummings, Thole
None
Mayor Kimble
2. City Clerk Weldon reported that the City has received several requests for taxi licenses from
individuals that do not live or store their vehicles in Stillwater nor plan on doing a
significant, if any, amount of business within the City. Applicants have stated that they need
to be licensed in a city in order to do business at the airport. Currently there is only one taxi
service doing business within the city and one license issued for an individual doing business
primarily at the airport. Weldon requested that council consider deleting the taxi license
section for the City Code.
In addition, Weldon requested that the Peddler Permit process be changed to a registration
only process. The Peddler registers with the Police Department prior to selling, but no permit
is issued. This allows the Police to identify the peddler if a resident calls with a complaint or
concern.
Council directed a registration process be developed for both the taxis and peddlers/solicitors.
Motion by Councilmember Bealka, seconded by Counci1member Zoller to have first reading of
ordinance amending Chapter 45, Taxicabs.
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Ayes:
Nays:
Absent:
Councilmember Zoller, Bealka, Cummings, Thole
None
Mayor Kimble
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Motion by Councilmember Cummings, seconded by Councilmember Zoller to have first
reading of ordinance amending Chapter 41, Peddlers and Solicitors.
Ayes:
Nays:
Absent:
Council member Zoller, Bealka, Cummings, Thole
None
Mayor Kimble
3. City Attorney Magnuson reported the electrical contractor bids for the sports complex were in
dispute. One bidder had incorrectly filled out the bid form and was given a chance to correct
that form. Once properly filled out, that contractor became the low bidder. However, the
previously apparent low bidder was disputing that decision. Magnuson stated a hearing
could be held or the bids could all be rejected and re-bid. He recommended the electrical be
re-bid to avoid any possible disputes.
Dick Olsen, GWO Construction, stated the bid forms for that section had been confusing.
4. City Coordinator Kriesel stated that Council previously received a letter from MN
Transportation Museum to extend the lease for Engine #328. Arrangements are being made
to meet with staff prior to the meeting with Council and this matter will be brought before the
Council at a later date.
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I. Discussion of Public Safety Director position
Kriesel presented Council with a job description for a Public Safety Director position. He is
proposing that this position would be officially designated as Police Chief and Fire Chief with a
Captain and an Assistant Fire Chief under hislher command to provide administrative and
operational support. The qualified candidate would possess the skills to carry out administrative
and managerial duties/responsibilities that have become so important for the police and fire
departments. Kriesel requested that Council consider establishing a Public Safety Director
Position and authorize advertising for the position. He recommended a firm be hired to do the
selection process, with the top five candidates then brought to Council.
Discussion followed regarding whether this change would be a benefit to the departments and the
City.
Council determined the issue could be returned to them at a later time, but they were not ready to
make a final decision at this time.
Motion by Councilmember Zoller directing the city not have a public safety director but retain
the current positions of Fire Chief and Police Chief. Died for lack of second.
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Mayor recessed the meeting at 5:35 p.m.
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Attest: ----9&-l.f Ld tJ)~
City Clerk
REGULAR MEETING
7:00 P.M.
The meeting was called to order by Mayor Kimble at 7:00 p.m.
Present:
Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
Also Present: City Coordinator Kriesel
City Attorney Magnuson
Finance Director Deb10n
r Community Development Director Russell
City Engineer Eckles
City Clerk Weldon
Ron Langness, Springsted, Inc.
Press: Julie Kink, Courier
Mike Marsnik, Stillwater Gazette
APPROVAL OF MINUTES
Motion by Councilmember Bealka, seconded by Councilmember Thole approving minutes of
October 7, 1997, Regular and Recessed Meetings and October 14, 1997, Special Meeting. All in
favor.
PETITIONS. INDMDUALS. DELEGATIONS & COMMENDATIONS
Mayor Kimble acknowledged the attendance of We bel os Den #.2 of Cub Scout Pack #375. The
Scouts had met with him prior to the meeting and were attending the meeting to fulfill
requirements for their citizenship badges.
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CONSENT AGENDA
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1. Resolution 97-246: Directing Payment of Bills
2. Authorization for exemption from lawful gambling license - Church of St. Michael, 11/8/97
3. Resolution 97-247: Approving salary and longevity schedule for Engineering Technician III.
4. Resolution 97-248: Employment of Jason Rykal as Engineering Technician III.
5. Resolution 97-249: Purchase of plow and dump truck- Public Works
6. Resolution 97-250:. Special assessment reapportionment
7. Repair of civil defense siren - West Willard and S. West Streets (Lily Lake School)
8. Resolution 97-251: Agreement with Imagineering Computer consulting, Inc., for network
installation services
9. Resolution 97-252: Change Order/PR No. 38 - City Hall Building Project
IO.Contractors Licenses - New: McGough Construction Co., Inc., St. Paul; Renewals: M.A.
Mortenson Co., Golden Valley; Jonk Masonry, Somerset WI; George W. Olsen Construction
Co., Inc., Stillwater
11.Authorization for delayed payment of tax on special assessments for senior citizens'
homestead, Lot 1, Block 2, Churchill & Nelson 2nd Addn.
12.Reso1ution 97-253: Accepting proposal and Approving contract with Service Environmental
& Engineering for limited site environmental investigation for Stillwater City Garage
13.Accepting proposal and Approving contract with Service Environmental & Engineering for
limited site environmental investigation for Stillwater City Garage
14. Release of second portion of Stillwater Public Library 1997 capital budget
15.Purchase of training room equipment and one computer work station -Police Dept.
16.Resolution 97-254: Adopting ,assessment for repair of parapet wall at 235 Y, E. Chestnut
Motion by Council member Thole, seconded by Counci1member Cummings approving consent
agenda. All in favor.
Ayes:
Nays:
Counci1member Zoller, Bealka, Cummings, Thole and Mayor Kimble
None
UNFINISHED BUSINESS
1. Determination of environmental impacts for St. Croix Valley Sports Complex
Russell reported that an Environmental Assessment Worksheet for the Sports Complex was
prepared and distributed as required by the environmental review requirement rules.. DNR
and Met Council commented on Item 18 - Water Quality - Surface Water Runoff. This
project is in the Brown's Creek Wathershed area and the mitigation plan in the Brown's
Creek AUAR addresses runoff impacts from development. No comments were received
questioning the accuracy and completeness of the material or identifying potential significant
impacts.
Motion by Councilmember Cummings, seconded by Counci1member Bealka receiving
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Environmental Assessment Worksheet for the Sports Complex and determination of no probable
significant environmental impact. All in favor.
2. Possible award of bids for St. Croix Valley Sports Complex
Russell gave an update on the history of development of the Sports Complex. Duane Kell,
Ankenny Kell Architects, reported on the time table for completion and gave a brief
description of the ice arena and field house. Kriesel summarized the construction costs. Ron
Langness, Springsted, Inc., reported on the updated proforma.
John Melville, representing the soccer association, and Tom McGlinch, representing the
hockey association, thanked Council and reaffmned their fmancial support and pledges.
Doug Long, Stillwater Area High School boy's varsity hockey coach, offered to help
coordinate bringing tournaments to the complex.
Russell noted a memo from City Attorney Magnuson stating he had been working with Bob
Johnson, legal counsel for the Minnesota Armory Building Trust, and the reconveyance of
the site from the Minnesota Armory Building Trust will be made to the city prior to the
contractors beginning work.
Kriesel reminded Council Bid package #10, Electrical Construction, and Bid Package #7,
Field House playing surface, are to be held out from award of bids.
Discussion followed. Bealka stated he was in favor of the project but opposed to the cost.
Kriesel thanked Cummings, Mike Pohlena, Otto Bonestroo, Agnes Ring, Community
Development Director Russell, Dick Olsen, and the many others who worked on fundraising
and planning of this project. Zoller also thanked Oak Park Heights, Baytown, Stillwater
Townships and ISD 834 for their donations.
Motion by Councilmember Cummings, seconded by Councilmember Thole to adopt Resolution
97-262 awarding bids for St. Croix Valley Sports Complex.
Ayes:
Nays:
Absent:
Councilmember Zoller, Cummings, Thole and Mayor Kimble
Councilmember Bealka
None
Recessed at 8:25 p.m. Reconvened at 8:50 p.m.
3. Agreement with St. Croix Builders for sale ofUBC site and Olive Street parking lot and TIF
assistance for construction of 339 car parking structure with 14,000 square feet of retail space
(Case No. SUPN/97-61) and 76 unit condominium project (Case No. SUPN/97-60 & 61)
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Russell reported that the Heritage Preservation Commission approved both projects at their
meeting of October 6, 1997 with several conditions of approval regarding project design
detail. The Planning Commission approved the setback and height variance for the condo
project and setback variance for the parking structure. Both approvals require that the City
enter into a development agreement with the developer before final approval.
Russell recommended acceptance of the Heritage Preservation Commission and Planning
Commission approved projects.
Motion by Councilmember Bealka, seconded by Counci1member Zoller adopting Resolution
97-263 approving Development Agreement with St. Croix Builders for sale ofUBC site and
Olive Street parking lot and TIF assistance for construction of 339 car parking structure with
14,000 square feet ofretail space (Case No. SUPN/97-61) and 76 unit condominium project. All
in favor.
Ayes:
Nays:
Absent:
Councilmembers Bealka, Cummings, Thole, Zoller, and Mayor Kimble
None
None
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Motion by Councilmember Thole, seconded by Councilmember Bealka directing City Attorney
Magnuson to advertise sale of city property located at North Third St. (directly south of315 S.
3m) as required by charter. All in favor.
4. Feasibility study for Lake Street watermain extension
Eckles reported, at Council direction, staff had examined the cost to install water service to
the property of Lawrence Rumpfbecause Mr. Rumpf's water from his well is unsafe to drink.
Eckles presented a memo prepared by Shawn Sanders, Civil Engineer, providing installation
options for the residences on Lake Street and possibilities for cost recovery.
Mr. Rumpf stated he will pay the cost for extension to his property but saw no need for it to
continue up Lake Street to Alder.
Motion by Councilmember Cummings, seconded by Councilmember Bealka directing staff to
work with Water Board to provide water service at 2009 Lake Street, contingent upon signed
waiver of appeal from property owner. All in favor.
5. Possible second reading of ordinance amending the city zoning ordinance regulating
commercial use towers and antennas
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Magnuson reported that several changes to the Ordinance have been made in response to
suggestions from the tower industry, however, the area requirements and setback limitations
have not been changed. Staff is satisfied that the ordinance is not unduly restrictive nor does
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it prohibit or place an undue burden on the wireless industry and recommends adoption of the
ordinance.
Motion by Councilmember Thole, seconded by Councilmember Zoller to have second reading of
Ordinance No. 848 amending the City Zoning Ordinance Regulating Commercial Use Towers
and Antennas.
Ayes:
Nays:
Absent:
Councilmember Zoller, Bealka, Cummings, Thole and Mayor Kimble
None
None
NEW BUSINESS
1. Request for TIF assistance - Mainstream Development Partnership
Russell reported that the city received an application for TlF assistance from Mainstream
Development Partnership to assist in the redevelopment of the Maple Island site. Revenues
from the project can be used to make public improvement in the downtown. Parking, street
lighting, Lowell Park and Aiple Property improvements are all projects that could use money
to carry them out. The estimated costs of the Maple Island site related to public
improvements is $581,000. In addition to the public improvements, the railroad has land
north of Mulberry Street for sale. This land could be purchased using TlF funds to provide
additional downtown parking for this site and other riverfront areas.
Vern Stefan, Mainstream Development, presented his request, including a parking agreement
for the lot at the grocery store area. Magnuson reported parking lots using TlF funds must be
available first come, first served, to the public. Stefan also requested upfront funds of
$300,000.
Motion by Councilmember Thole, seconded by Counci1member Cummings requesting staff to
prepare additional information regarding application for TlF assistance from Mainstream
Development Partnership to assist in the redevelopment of the Maple Island site and return with
recommended action. All in favor.
2. Request for resubdivision of Parcel 2 Stillwater Market Place 4th Addition in half and
combining parce12A with Parcell and 2B with Parcel 3 and vacation of easement. Video
Update, Applicant. Case No. SUB\97-63
Russell recommended Council approve the request for resubdivision and approve the
resolution of vacating the existing utility easements and establishing new easements.
Motion by Councilmember Cummings, seconded by Councilmember Thole to adopt Resolution
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97-257 approving resubdivision ofParce12 Stillwater Market Place 4th Addition in half and
combining parce12A with Parcell and 2B with Parcel 3.
Ayes:
Nays:
Absent:
Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
None
None
Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution
97-258 vacating an Existing easement over part of Lots 1,2 and 3, Block 1, Stillwater Market
Place 4th Addition and replacing with a new Drainage and Utility Easement over Lot 2, Block 1,
Stillwater Market Place 4th Addition.
Ayes:
Nays:
Absent:
Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
None
None
3. Post Office Park
Magnuson reported that when the U.S. Government sold the post office property to a private
owner, a conflict arose over whether Post Office Park was actually a dedicated City park or
whether the parcel remains under private ownership. The present owner perceives problems
with public use associated with the park, especially at night when people, some of who are
intoxicated, come into the park and create noise and other obnoxious behavior. An interim
arrangement could be that the City install gates that could be locked at the time when the
public would not be permitted on the premises. However, this does not address the long term
implication that the City might face with regard to the park. He stated the City could
commence Eminent Domain proceedings for the park property so that title to the park would
vest absolutely in the City.
Motion by Councilmember Cummings, seconded by Councilmember Thole directing City
Attorney Magnuson to continue working with David Hurley regarding ownership of Post Office
Park. All in favor.
4. Transfer of Off-Sale Liquor License - R & R Liquor
Weldon reported that a request has been made by Pao Vang Yang for the transfer of the off
sale liquor currently held by Raymond Kirchner for R & R Liquors. Weldon requested that
Council approve the transfer contingent upon completion of the police investigation, receipt
of certificate of insurance, all required inspections, and completion of purchase of business.
Motion by Counci1member Cummings, seconded by Councilmember Thole to adopt Resolution
97-259 approving Transfer of Off-Sale Liquor License - R&R Liquors, 1971 Greeley Street
South. to Pao Vang Yang. All in favor.
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Ayes:
Nays:
Absent:
Councilmember Zoller, Bealka, Cummings, Thole and Mayor Kimble
None
None
5. New On-Sale Liquor License - Acapulco Inc.
Weldon reported that a request has been made by Acapulco MN, Inc. for an on-sale and
Sunday Liquor license for a restaurant at 1240 Frontage Road (previously Canlakes). Weldon
requested that final approval should be contingent upon completion of the police
investigation, receipt of certificate of insurance, and all required inspections.
Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution
97-260 approving New On-Sale and Sunday Liquor License for Acapulco MN, Inc., dba
Acapulco Mexican Restaurant, at 1240 Frontage Rd..
Ayes:
Nays:
Absent:
Councilmember Zoller, Bealka, Cummings, Thole and Mayor Kimble
None
None
6. Approval of city participation in Metropolitan Council Livable Communities Program
Russell reported that participation in the Metropolitan Council Livable Communities
Program makes the city eligible for various Met Council grant programs such as the
Community Reinvestment Program that was obtained or the Maple Island Site.
Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution
97-261 electing to continue participating in the Local Housing Incentives Account Program
under the Metropolitan Livable Communities Act.
Ayes:
Nays:
Absent:
Councilmember Zoller, Bealka, Cummings, Thole and Mayor Kimble
None
None
PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS
I. Request for change of condition of approval for 212 North Main Street Case No. DR/PR/89-
61, Tim Stefan
Russell stated that on Sept. 5, 1989 the City Council approved renovation of the structure at
212-214 North Main. A new staircase was added on the north exterior side of the building.
The owner represented a second phase additional building that would be constructed that
would enclose the staircase in the second building and eliminate the need to match building
materials of adjacent buildings. At this point the owner is interested in selling the building.
The new owner does not intend to build a second building or change the exterior finish of the
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staircase. The existing owner would need to be cleared of any responsibility to enclose the
exterior staircase by building a second phase building or facing the staircase with a material
more in keeping with the brick buildings.
Motion by Councilmember Cummings, seconded by Councilmember Zoller accepting staff
recommendation to allow existing staircase at 212-214 Main Street 0 remain without further
improvement. All in favor.
2. Request from Downtown Parking Commission: pedestrian yield signs on Main Street, and b)
pedestrian crossing at Commercial and Main
Motion by Councilmember Thole, seconded by Councilmember Cummings to continue request
from Downtown Parking Commission for pedestrian yield signs on Main Street, and b)
pedestrian crossing at Commercial and Main to November 4, 1997 meeting. All in favor.
3. Mn/DOT - Maintenance schedule for Stillwater Lift Bridge
Kriesel noted a maintenance schedule for the lift bridge had been received and was included
in the Council packet for their information.
STAFF REPORTS
Kriesel reported a groundbreaking ceremony for the St. Croix Valley Sports Complex will be
held at 4:30 p.m. Thursday, October 30.
He also reported an open house will be held at the newly remodeled City Hall on November
18,1997.
ADJOURNMENT
Motion by Council member Cummings, seconded by Councilmember Thole adjourn the meeting
at 10:35 p.m. All in favor.
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ATTEST:
Cit~;
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1. Resolution 97-246: Directing Payment of Bills
2. Resolution 97-247: Approving salary and longevity schedule for Engineering Technician III.
3. Resolution 97-248: Employment of Jason Rykal as Engineering Technician III.
4. Resolution 97-249: Purchase of plow and dump truck - Public Works
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5. Resolution 97-250: Special assessment reapportionment
6. Resolution 97-251: Agreement with Imagineering Computer consulting, Inc., for network
installation services
7. Resolution 97-252: Change Order/PR No. 38 - City Hall Building Project
8. Resolution 97-253: Accepting proposal and Approving contract with Service Environmental
& Engineering for limited site environmental investigation for Stillwater City Garage
9. Resolution 97-254: Adopting assessment for repair of parapet wall at 235 Y, E. Chestnut
1O.Resolution 97-255: Amending Res. 97-128, Approving Seasonal Employment in Public
Works Dept., by amending the salary of Charles Ratledge to $8.25 per hour.
II.Resolution 97-256: Approving joint powers agreement with Southwest Service Cooperative
for group employee health benefits.
12.Resolution 97-257: Approving resubdivision of Parcel 2 Stillwater Market Place 4th
Addition in half and combining parcel 2A with Parcel 1 and 2B with Parcel 3.
13.Resolution 97-258: Vacating an Existing easement over part of Lots 1,2 and 3, Block 1,
Stillwater Market Place 4th Addition and replacing with a new Drainage and Utility Easement
over Lot 2, Block I, Stillwater Market Place 4th Addition.
l4.Resolution 97-259: Approving Transfer of Off-Sale Liquor License - R&R Liquors, 1971
Greeley Street South. to Pao Vang Yang.
15.Resolution 97-260: Approving New On-Sale and Sunday Liquor License for Acapulco MN,
Inc., dba Acapulco Mexican Restaurant, at 1240 Frontage Rd..
l6.Resolution 97-261: Electing to continue participating in the Local Housing Incentives
Account Program under the Metropolitan Livable Communities Act.
I 7. Resolution 97-262: Awarding bids for St. Croix Valley Sports Complex.
18.Resolution 97-263 approving Development Agreement with St. Croix Builders for sale of
UBC site and Olive Street parking lot and nF assistance for construction of 339 car parking
structure with 14,000 square feet of retail space (Case No. SUPN/97-6l) and 76 unit
condominium project.
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