Loading...
HomeMy WebLinkAbout1997-08-19 CC MIN '--"'.. -. . City Council Meeting No. 97-21 August 19,1997 ("" CITY OF STILLWATER CITY COUNCIL MEETING NO. 97-21 August 19, 1997 REGULAR MEETING 7:00 P.M. The Meeting was called to order by Vice-Mayor Thole at 7:00 a.m. Present: Councilmembers Bealka, Cummings, Thole, Zoller Absent: Mayor Kimble (arrived at 7:10 p.m.) Also present: City Coordinator Kriesel City Attorney Magnuson City Engineer Eckles Community Development Director Russell City Clerk Weldon Press: Julie Kink, Courier Mike Marsnik, Stillwater Gazette APPROVAL OF MINUTES r Motion by Councilmember Bealka, seconded by Councilmember Zoller approving minutes of August 5, 1997, Regular and Recessed Meetings; August 13,1997, and August 14,1997, Special Meetings. All in favor Mayor Kimble arrived at 7: 10 p.m. OPEN FORUM A resident asked if public testimony would be accepted during the Long Lake surface use discussion. (Unfinished business No.2) Mayor Kimble explained it was not a public hearing; public testimony was taken by the Park Board and Planning Commission. No testimony would be taken at this meeting because Council had received adequate testimony information from the previous public hearings and direct communications from numerous residents. Leanne Nelson, 122 Sherburne StreetN. expressed concerns regarding a building permit issued in 1985 to a neighboring property. She stated the work is not yet completed, she had called City Hall several times, and requested action by the City. ( Council requested Ms. Nelson to contact City Coordinator Kriesel with the address of the property. 1 . City Council Meeting No. 97-21 August 19, 1997 n CONSENT AGENDA. , Motion by Councilmember Thole, seconded by Councilmember Bealka approving the consent agenda. All in favor. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays: None. I. Resolution 97-181: Directing Payment of Bills. 2. Resolution 97-185: Landscape improvements at Meadowlark Park 3. Advertise for bids for walking path and retaining wall at Anez Ridge Park 4. Contractors Licenses: Automated Pool and Patio, Oakdale, MN 5. Physical fitness equipment - Police Dept. 6. Authorizing attendance ofK1ayton Eckles and Shawn Sanders at International Public Works Congress and Exposition 7. Resolution 97-182: City contribution to community web-site 8. Resolution 97-183: 1998 rates for Blue Cross Blue Shield 9. Resolution 97-184: Employment of Keith Nelson as Chief Mechanic STAFF REPORTS I. Community Development Director Russell reported a letter had been received from Tim Stefan, Mainstream Development Partnership, requesting a workshop with Council to determine the extent of possible City assistance toward the Maple Island Market/Grocery store project. r Motion by Councilmember Zoller, seconded by Councilmember Cummings setting a workshop for 4:30 p.m. September 2, to discuss a request from Tim Stefan, Mainstream Development Partnership, for City assistance for Maple Island Market/grocery store project. All in favor. PUBLIC HEARINGS I. Hazel Street Ravine Drainage Improvements, Job No. 9609. This is the day and time for the public hearing to consider the making of Hazel Street Ravine Drainage improvements, pursuant to Minnesota Statutes, Sections 429.011 to 429.111. The area proposed to be assessed for such improvement are properties North of West Moore Street; East of County Road 5; South of Minnesota Zephyr Railroad; and West of North Fifth Street. Notice of the hearing was placed in the Stillwater Gazette on August 1 and 8,1997, and notices mailed to affected property owners. City Engineer Eckles reported emergency repairs, as approved by Council July 15, had already begun; any work preceding the public hearing would not be assessable. The project costs to be discussed at this public hearing would fall under the Minnesota Statute 429 assessment process. Civil Engineer Sanders presented design and construction information. City Engineer Eckles presented cost information. r The Mayor opened the public hearing. 1. Robert Solgar, 2012 Hazel Court, stated he had notified Public Works Director Junker of erosion problems in 1985 and had contacted Councilmember Thole numerous times. He felt if the problem 2 . City Council Meeting No. 97-21 August 19,1997 r had been addressed earlier, the cost would have been lower. He also questioned if the City would be paying for the City owned parcel. Mayor Kimble stated the City would be assessed in the same proportion as the residents for their lots. 2. Nancy Purcell, 2001 Hazel Street, also stated the residents had tried to bring the repair needs to Council's attention earlier and would have cost less at that time. Construction was inappropriate originally, so residents should not be assessed now. She also asked if Stillwater Country Club was on the assessment list. Mayor Kimble reported the Country Club would be assessed. 3. Rick Rusga, 311 West Willow, expressed concerns regarding water pooling on the golf course and running through his lot; he suggested diverting the water to East Poplar. Council directed staff to go to the site with Mr. Rosgow to review the flow of water. He also requested information on the assessment policy; Eckles stated it was payable over 10 years if it was placed on the tax statement. r 4. Jim Meier, 405 Hazel Street, stated some properties had significant damage due to erosion which could have been prevented if rip-rap had been placed under the pipe when installed in 1984. He requested the City complete the project without additional cost to those whose property was already damaged. He also requested additional consideration be given to property owners for allowing access for emergency entry. He commended Shawn Sanders for his work with the affected property owners. Mayor Kimble explained that if the project is ordered, an assessment hearing will be held at another meeting and costs to property owners determined at that time. Councilmember Thole suggested preparing two assessment lists, one treating all parcels equally and one adjusting for contributing and benefiting properties. City Engineer Eckles reported the City has not yet obtained all necessary easements from property owners. 5. Robert Solgar, 2012 Hazel Street, expressed concerns with replacement of vegetation. He requested the City Engineer contact him regarding how far heavy equipment will go into his property. The Mayor closed the public hearing. Motion by Councilmember Thole, seconded by Councilmember Zoller adopting Resolution 97-186 ordering Improvement for emergency repairs of Hazel Street Ravine (Job No. 9610). (' Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays: None. 3 (' r (' . City Council Meeting No. 97-21 August 19, ]997 2. Case No. V /97-28. This is the day and time for the public hearing to consider a request for a variance to the front yard setback (30 feet required, 15'3" requested) for construction ofa two story, 2000 sq. ft. addition to an existing single family residence at 2318 Boom Road in the RA, One Family Residential District and Bluffiand/Shoreland Overlay District. William C. Messner, applicant. Notice of the hearing was placed in the Stillwater Gazette on June 20,1997, and notices mailed to affected property owners. (Continued from 7/1/97) Community Development Director Russell reported this public hearing had been continued to allow for additional Minnesota Department of Natural Resources (DNR) input. He stated the revised proposal was consistent with DNR conditions of approval. City Attorney Magnuson explained Council could take a straw vote and direct staff to prepare findings of fact to be presented at the September 2, 1997, meeting. The Mayor opened the public hearing. There were no requests to be heard. The Mayor closed the public hearing. Mayor Kimble stated the record contained a letter of approval signed by all neighboring property owners. Motion by Councilmember Thole, seconded by Council member Bealka approving by straw vote the request, as conditioned by Planning Commission and DNR, for a variance to the front yard setback (30 feet required, 15'3" requested) for construction of a two story, 2000 sq. ft. addition to an existing single family residence at 2318 Boom Road, and directing findings of fact be prepared for the Sept. 2, 1997, Council meeting. All in favor. Recessed at 8:20 p.m. Reconvened at 8:35 p.m. UNFINISHED BUSINESS 1. Adoption of AUAR Community Development Director Russell reported the fmal AUAR including mitigation plan, as included in the Council packet, had been submitted to the Minnesota Environmental Quality Board (EQB). The EQB reviewed the document and made it available for additional review. No objections were filed. The Metropolitan Council indicated they would like to review the location of any new wells in the study area to make sure they do not adversely effect ground water flow to Brown's Creek. Motion by Councilmember Cummings, seconded by Councilmember Thole adopting Resolution 97-187 adopting final AUAR, including mitigation plan. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays: None. 4 City Council Meeting No. 97-21 August 19,1997 (\ 2. Receiving Recommendations from Planning Commission and Park and Recreation Board regarding Long Lake surface use regulation. Community Development Director Russell reported that a joint Planning Commission & Parks Board meeting was held on May 12, 1997. Issues related to lake use were discussed along with regulation options. The joint commission considered environmental, aesthetic, recreational and the ease of and practicality of regulation. e joint board voted to limit use to 10 horsepower with no personal watercraft. All members ere not satisfied with the decision but they felt this recommendation balanced the environmental concerns for the lake and the natural environment with the recreational concerns and opportunities. Russell stated that the council has received individually additional information from those wh would like to have no gasoline motor use and those who would like to have up to 25 horsepower p ntoon boats allowed. The AUAR includes additional information on use and water quality effects. David Junker, Parks Board hair, stated the Board had received significant input from residents and felt very prepared to make recommendation that balanced environmental and recreational issues. Glenna Bealka, Planning C mmission, had nothing additional to report, but was available for questions regarding the PI 'ng Commission recommendations. r Motion by Councilmember Th Ie, seconded by Councilmember Cummings receiving recommendations of Parks Board and Planning ommission for surface water use for Long Lake, and amending recommendation for ten horse ower limit for watercraft by excepting pontoon boats, which may be powered by motors not exceed ng twenty-five horsepower and directing staff to submit regulations as appropriate to DNR for appro . All in favor. 3. St. Croix Area Sports Com lex: Review and approve plans and authorize advertisement for bids Motion by Councilrnember Th Ie, seconded by Councilmember Cummings to have the fust reading of ordinance regulating the use d operation of watercraft on Long Lake. All in favor. Community Development irector Russell announced that with Council authorization, the project will be bid August 30-Sept mber 31 and returned to Council on October 7 for a decision on project authorization. The plans e been organized into three bid options. The estimated cost of the bid packages are from $5,245,6 9 for the total arena/field house project without deductions to $3,037,757 for arena with deductions. e basic project has been changed by the architects to reduce costs. Duane Kell, Ankeny Kell chitects P .A. presented the three options and deductions for council approval. r Councilmember Zoller stat d he was concerned with the fact the Public Works Department had not been consulted regarding th design plan option of rotating the field house by 90 degrees as a cost saving measure. This chan e would make the public works facility not feasible at this location. He could not support the rotati n of the fieldhouse because the Public Works Department is in dire need of space, and currently it is e only city owned land available for public works use. 5 . City Council Meeting No. 97-21 August 19, 1997 r Council questioned if donations would still be made if the fieldhouse was constructed at a later time. Council determined bids were needed to provide donors with "hard numbers" to enable them to make a decision on donation amounts. Bob Briggs, representing the Margaret Rivers Foundation, stated the foundation support is based on a community-wide benefit. He was not sure the foundation would support the construction of only the ice arena because without a field house it would not be considered a wide-based community facility. Motion by Councilmember Bealka authorizing advertisement for bids for hockey arena only, St. Croix Valley Sports Complex. Motion died for lack of second. Motion by Councilmember Cummings, seconded by Councilmember Thole authorizing advertisement for bids for St. Croix Valley Sports Complex Phase I plans as they stand with identified alternates and both east/west and north/south orientations of field house. Motion failed. Ayes: Councilmember Cummings Nays: Councilmembers Bealka, Thole, Zoller and Mayor Kimble r Motion by Councilmember Cummings, seconded by Councilmember Thole adopting Resolution 97- 190-1 authorizing advertisement for bids for Phase I, St. Croix Valley Sports Complex, with field house to be bid in east/west orientation, with following cost reduction options: design change for pre- engineered roof system and metal (north) wall; add alternates for south side seats, aluminum seats, and monument sign. Ayes: Councilmembers Thole, Bealka, Cummings and Mayor Kimble Nays: Councilmember Zoller 4. Update: Sale of territorial prison property for downtown hotel Community Development Director Russell reported a letter was received by FAX today from M.K.D. Capital Corp., sent at the request of John Lange and Michael Borum, stating that Territorial Coalition, Inc,. had completed an application and submitted the required fee to M.K.D Capital Corp. for the funding of a Radisson Hotel and Suites located at 606 North Main Street, Stillwater. The letter stated the due diligence review of the application would not be able to be completed until mid-November. Therefore, M.K.D. Capital Corp., requested the City Council give Territorial Coalition, Inc. an extension until mid-November to close on this property to allow time to complete the due diligence review. Motion by Councilmember Thole, seconded by Councilmember Bealka granting Territorial Coalition, Inc., an extension of closing date for purchase of Territorial Prison site to November 18, 1997. All in favor. r 5. Update: County Road 15 extension planning Community Development Director Russell reported that a CR 15 Task Force meeting was held on July 16 to develop options on how the study should progress. The Washington County Public Works Department will hold a workshop with the County Commission on August 26, 1997, and present 6 . City Council Meeting No. 97-21 August 19,1997 r three alternatives for continuing the study: 1) complete the EA now on Alternative A-2, a C Alternative and the No Build Alternative, 2) determine the No Build Alternative is the appropriate alternative (and end the study), and 3) Place the EA on hold until after completion of the TH36 Study (by MnDOT) and remove the project construction for the 1998-2002 CIP. County staffis recommending option 3. Community Development Director Russell stated City planning staff feels it is critical for the County to designate the corridor for CR 15 extension at this time so landowners will be on notice and the right-of-way will be available for road improvement when needed in the future. He requested Council direction. Motion by Councilmember Thole, seconded by Councilmember Cummings directing staff to attend Washington County Commission workshop to represent City position that the county designate the corridor for CR 15 extension at this time so landowners will be on notice and the right of way will be available for road improvement when needed in the future. All in favor. 6. Authorization for Legislative Associates, Inc., to attempt to attain State funding for prison wall repair and restoration. (' Community Development Director Russell suggested that the City Council consider authorizing the city legislative representative to represent the City's interest getting state funding support for the repair of the prison wall. With hotel improvements to the site and the increasing deterioration of the wall, it is critical the City attempt to get state support to preserve this historic resource and accommodate drainage through the site. It is estimated that $1,500 - $2,000 will cover costs of preparing such legislation for next year's bond act. Motion by Councilmember Zoller, seconded by Councilmember Cummings directing Legislative Associates, Inc., to prepare legislation and attempt to obtain state funding for restoration and repair of the historic prison wall, at a cost not to exceed $2000. All in favor. 7. Update: Ordinance relating to permits for Cellular and PCS Towers Community Development Director Russell reported that the draft ordinance was reviewed at a public hearing held by the Planning Commission August 11, 1997. After review and public comments, a subcommittee was fonned to meet with tower company representatives to further review the ordinance; they will report back to the full Planning Commission at the September 8, 1997, Commission meeting. The moratorium on tower construction will conclude September 3, 1997. The Planning Commission will provide recommendations to Council at the September 16, 1997, Council meeting. No action necessary. 8. Possible fIrst reading of ordinance amending Ordinance No. 695, Establishing HospitallMedical insurance for retired city employees. r' City Coordinator Kriesel asked council to consider the fIrst reading of an ordinance amending Ordinance No. 695 Hospital/Medical insurance for retirees by changing the years of service requirement to 10 years (from the present 15 years). When Ordinance No. 695 was adopted in 1988, 15 years of service was written into the language. However, some contracts had 10 years of service 7 (1 (' r . City Council Meeting No. 97-21 August 19, 1997 in the language. The proposed change would make the requirement consistent with the contract language and would standardize the benefit. The change would have a minimal impact on benefit costs. Motion by Councilmember Thole, seconded by Councilmember Bealka to have the first reading of ordinance amending Ordinance No. 695, Establishing Hospital/Medical insurance for retired city employees. All in favor. NEW BUSINESS 1. Request for nF assistance for condominium development on UBC site and parking structure over 2nd and Olive St. parking lot Community Development Director Russell reported that the City received a preapplication and application for nF assistance from Croix Builders, Inc., (John Roettger) for a combined condominium - parking structure. Housing and parking for the condominium would be provided on the UBC site and the developer would build a three-level plus roof 320 space parking structure on the Olive Street site. Both the condominiums and parking structures would be privately owned. The developer is requesting 90 percent of the nF increment from the condos and parking structure site to help finance the parking. In addition, the Olive/Second street parking lot land would be donated for the parking structure. The developer would pay $5,000 per unit for the condo project. Based on the proposal this would equal $325,000 to $400,000. In addition, the city is requested to provide engineering for relocation of utilities that run through the UBC site and necessary assurances that both sites are free of hazardous material (the City has authorized test drilling on the Olive street lot). At this time the applicant is requesting council approval of the development and TlF assistance concept. If approved then planning and design approval from the planning commission and historic preservation commission will be applied for. A variance will be required for the condominium building height and both sites are located in the downtown historic district. All project financing is provided by the developer. TIF Assistance is pay as you go. Council confirmed to Mr. Roettger that the approval would be for the concept only, and Council was in no way guaranteeing nF assistance, acceptance of the project, or the dates proposed in Mr. Roettger's request. Any final City TIF assistance would be dependent on project design, and approval by Historic Preservation Commission, City Planning Commission, and City Council. Motion by Councilmember Bealka, seconded by Councilmember Cummings approving the TIF request concept for condominium development on UBC site and parking structure over 2nd and Olive St. parking lot and authorizing applicant to proceed with planning reviews (on city-owned land). All in favor. 2. Request to use City land for construction of stairway from residence to St. Croix River Community Development Director Russell reported that the City received a request from Kathy and Wayne Garret and Kathy and Kelly Driscoll to build a stairway between their homes at 1396 and 1394 Hilltop Ridge to the St. Croix River. The stairway would cross City land (Kolliner Park) north of the bridge. The City has concept plans to use the Kolliner Park area in the future when safer access to the site can be provided. After years of use of a stairway, it may be difficult for the City to have it removed. 8 (' (' r , '. City Council Meeting No. 97-21 August 19, 1997 Motion by Councilmember Cummings, seconded by Councilmember Bealka denying request to build stairway across City land (Kolliner Park) for access from private residences to St. Croix River. All in favor. 3. Authorization to proceed with condemnation proceedings of properties related to Elm Street Ravine Project City Attorney Magnuson reported that the City has been unable to successfully negotiate the acquisition of the required easements to construct storm water public improvements for the Fourth Street, Elm and Hickory Storm Sewer Project. Magnuson suggested that the City Council authorize the acquisition of certain lands by Eminent Domain. Motion by Councilmember Zoller, seconded by Councilmember Thole adopting Resolution 97-188 authorizing City Attorney to proceed with the acquisition of certain lands by Eminent Domain determined necessary for the Fourth Street, Elm and Hickory Storm Sewer Project. Ayes: Councilmembers Thole, Bealka, Cummings, Zoller and Mayor Kimble Nays: None 4. Consideration of planning process for update of Downtown Plan including Aiple property Community Development Director Russell reported that since the preparation and adoption of the downtown plan in 1989-90 all of the major implementation components of the plan have been accomplished or are in the process of being achieved. The availability of the Aiple property and changing conditions create a need for a plan update. Russell presented several issues that could be addressed in a plan update, sources of funds, and the importance of downtown, community and agency involvement in the planning process. Involvement of the city engineer, parks director and finance director would be critical to the outcome and implementation. The plan update would be managed by the planning department staff with consultant assistance as necessary. Motion by Councilmember Thole, seconded by Councilmember Cummings directing staff to proceed with a more detailed work program and planning process discussion of a downtown plan update. All in favor. 5. Consideration of Downtown Parking Improvements for 1998 as part of Downtown Parking Improvement Program. Community Development Director Russell presented several parking improvements proposed for 1998 to be paid with the net revenues from the parking program. Included were the resurfacing of the Main Lot and the River Lot; and improvement of the UBC Lot, Mulberry and Water Street Lot, and Mulberry and Second Lot. This would add an additional 95-115 parking spaces to the downtown supply of parking. In addition, the Police Department is requesting a scooter and electronic ticket meter. Motion by Councilmember Thole, seconded by Councilmember Bealka directing staff to report back with more accurate estimate of costs and methods for financing proposed 1998 parking improvements. All in favor. 9 r (" r , . City Council Meeting No. 97-21 August 19, 1997 6. Possible first reading of ordinance limiting development in and requiring setback from steeply sloped areas Community Development Director Russell presented the draft ordinance to Council for a first reading and for referral to the Planning Commission for public hearing at the meeting of September 8. The ordinance would require new development to be located away from steeply sloped (25 percent or greater) areas. The requirement is currently in effect in the bluffland/shoreland area along the St. Croix and shoreland management area around Long, Lily and McKusick Lakes. This would provide protection for the bluffland overlooking the St. Croix west of TH 35-95 and in the ravine areas in the existing City. Motion by Councilmember Thole, seconded by Councilmember Bealka to have the first reading of ordinance limiting development in and requiring setback from steeply sloped areas and referring to Planning Commission for public hearing and recommendation. All in favor. 7. New off-sale 3.2% malt liquor license - Cub Foods City Clerk Weldon reported that a request has been received from SuperValu Holdings DBA Cub Food for an off-sale 3.2 % Malt Liquor License at 1801 Market Drive. Motion by Councilmember Thole, seconded by Councilmember Cummings adopting Resolution 97-189 approving new off-sale 3.2% Malt Liquor license SuperValu Holdings, Inc. DBA Cub Foods. Ayes: Councilmembers Thole, Bealk;a, Cummings, Zoller and Mayor Kimble Nays: None STAFF REPORTS (continuell) City Coordinator Kriesel withdrew his recommendation (memo included in Council packet) for the sale of freon from Lily Lake Ice Arena and stated he will return with more information at a later meeting. No action necessary. City Coordinator Kriesel also updated Council on the bidding process for workstations, communications equipment, and updated software. Bids will be opened August 27 and recommendations will be brought to Council at the September 2, 1997 meeting. City Engineer Eckles updated Council on the Garden and Greens improvements. He stated staff will be meeting with residents of the development and requested Council delay discussion until after that meeting. No action necessary. City Coordinator Kriesel commented on Building Official Zepper's memo to Council stating John Roettger had not been following City procedures as it relates to the development of the proposed plat of Rose Garden Addition. He has not obtained permits on three of the four housing units he has started. Mr. Kriesel said the Council should advise Mr. Roettger of the need to follow city ordinances and procedures related to the ordinance. 10 " r r r. City Council Meeting No. 97-21 August 19, 1997 City Attorney Magnuson presented a draft agreement that provided a limited right to proceed with construction which would defme what Mr. Roettger can do and fees required. Motion by Councilmember Bealka, seconded by Couocilmember Thole adopting Resolution 97-190 approving agreement between the City of Stillwater and John E. Roettger with respect to part of Block I, Churchill's 2nd addition, and the proposed plat of Rose Garden Addition to the City of Stillwater. Ayes: Councilmembers Thole, Bealka, Cummings, Zoller and Mayor Kimble Nays: None ADJOURNMENT Motion by Councilmember Cummings, seconded by Couocilmember Thole to adjourn to executive Session at 10:55. All in favor. Attest: ~.'LM O,,~ City Clerk Resolution 97-181: Directing Payment of Bills. Resolution 97-182: City contribution to community web-site Resolution 97-183: 1998 rates for Blue Cross Blue Shield Resolution 97-184: Employment of Keith Nelson as Chief Mechanic Resolution 97-185: Landscape improvements at Meadowlark Park Resolution 97-186: Ordering Improvement for emergency repairs of Hazel Street Ravine (Job No. 9610). Resolution 97-187: Adopting final AUAR, including mitigation plan. Resolution 97-188: Authorizing City Attorney to proceed with the acquisition of certain lands by Eminent Domain determined necessary for the Fourth Street, Elm and Hickory Storm Sewer Project Resolution 97-189: approving new off-sale 3.2% Malt Liquor license SuperValu Holdings, Inc. DBA Cub Foods. Resolution 97-190: Approving agreement between the City of Stillwater and John E. Roettger with respect to part of Block 1, Churchill's 2nd addition, and the proposed plat of Rose Garden Addition to the City of Stillwater Resolution 97-190-1: Authorizing advertisement for bids for Phase I, St. Croix Valley Sports Complex 11