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HomeMy WebLinkAbout1997-10-28 CC MIN " r (" (' " 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 1 " r" 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: (' 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. r Ayes: Nays: Absent: Councilmember Zoller, Bealka, Cummings, Thole None Mayor Kimble 2 r " 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. r OTHER r 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. 3 r Mayor recessed the meeting at 5:35 p.m. ~., 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. r CONSENT AGENDA 4 r r r 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 5 r r r 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) 6 r 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 r 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 r 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 7 r r r 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 8 r r (" 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. 9 (' (" (" 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 10 r r r 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. ~~ ATTEST: Cit~; b )/ ~i /YYj 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 11 0- , (" r 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. 12