Loading...
HomeMy WebLinkAbout2005-02-01 CC MIN CITY OF STILLWATER CITY COUNCIL MEETING NO. 05-04 February 1, 2005 REGULAR MEETING 4:30 P.M. CALL TO ORDER Mayor Kimble called the meeting to order at 4:30 p.m. ROLL CALL Present: Councilmembers Polehna, Milbrandt, Harycki, Junker and Mayor Kimble Others present: City Administrator Hansen City Attorney Magnuson Police Chief Dauffenbach Fire Chief Glaser Community Development Director Russell Public Works Director Eckles Finance Director Harrison Director of Administration Knauss City Clerk Ward OTHER BUSINESS Possible approval of fireworks and park usaqe for 4th of July David Eckberg of St. Croix Events was present to request that the City contribute $15,000 toward the Fourth of July fireworks display, the same amount the City has contributed since 1996, and exclusive use of Lowell Park and Pioneer Park for 4th of July festivities. He also asked that the City serve as financial conduit for any grant money that might be received from local foundations such as the Bayport and Margaret Rivers foundations. Planned events include concerts in both Lowell and Pioneer parks and a military fly-over, depending on the availability of the aircraft. The fireworks will be musically choreographed. Councilmember Polehna asked about insurance. Mr. Eckberg said the fireworks vendor, Melrose Pyrotechnics, carries $5 million in coverage and St. Croix Events has a general liability coverage of $2 million. Mr. Eckberg also noted St. Croix Events provides private security. Councilmember Polehna inquired as to whether St. Croix Events had ever contacted neighboring communities for financial assistance. Mr. Eckberg said he has not done so in the past, but suggested the City might want to do so to recoup a portion of its co ntri b utio n. City Council Meeting - 05-04 February 1, 2005 Mr. Eckberg asked that the City's $15,000 contribution be included in the Feb. 1 consent agenda bills payable. Motion by Council member Milbrandt, seconded by Council member Polehna, to approve the City's contribution of $15,000 for the Fourth of July fireworks display and grant St. Croix Events exclusive use of Lowell and Pioneer parks for that day, and including the contribution in the February 1 bills payable. All in favor. Councilmember Milbrandt noted that the consent agenda included an agreement for use of Lowell Park for the Rivertown Art Festival. He pointed out that the contract was for the use of the north portion of Lowell Park, but he thought the request was for the use of both the north and south park areas. Mr. Eckberg said in recent years the Art Festival has had use of both portions of the park. Councilmember Milbrandt said he thought the City had been trying to keep events, including Lumberjack Days, confined to the north portion of the park to avoid problems with pedestrians crossing Chestnut Street. Police Chief Dauffenbach noted the Art Festival draws a different crowd than Lumberjack Days and that the Art Festival is held during daytime hours. However, he said, there are issues with pedestrian traffic, and the police department does provide traffic control. Council member Milbrandt suggested the contract for the Rivertown Arts Festival be changed to reflect the requested use of both portions of Lowell Park. City Administrator Hansen said he would look at the contract language to be sure it reflects the requested use. Discussion Improvements to 72nd/lnterlachen Public Works Director Eckles referred to his memo which included information from a traffic study conducted in conjunction with the Liberty development, estimated traffic volumes and recent traffic counts. He noted there is the possibility of future development of several properties along 72nd Street. Mr. Eckles outlined five options for possible improvements to the roadway between Mid Oaks and Northland Avenue only: re-grade the existing gravel section at an estimated cost of $10,370; re-grade and pave the road with a 2" lift of blacktop at a cost of $26,300; do a full rural section with pavement at an estimated cost of 47,000; do an urban section with storm sewer; and do nothing. Mr. Eckles noted that it is difficult to keep the gravel roadway in good repair due to drainage issues. He said a disadvantage to doing a rural section is that it would require considerable disturbance to the area. Regarding possible funding of any project, he noted that it would be difficult to assess as there are only three properties that abut that section of roadway; however, he suggested the project could be tied to either the City's 2005 street improvement projects or the Boutwell project. Page 2 of 12 City Council Meeting - 05-04 February 1,2005 Councilmember Junker noted that dealing with the portion of the roadway from Mid Oaks to Northland only is a Band-Aid approach to the whole stretch of 72nd Street. Councilmember Milbrandt suggested that is what the City currently is faced with - a Band-Aid problem until it is known how and when the other properties on 72nd will be developed. Council member Milbrandt spoke in favor of Option 2 - re-grading and adding the 2" lift paving - to address the existing safety concern for transporting several special needs children due to the condition of the roadway; while a temporary solution, he said it would give the City perhaps five years to determine the likelihood of other development in the area. Mayor Kimble agreed that his biggest concern was the safety of transporting the special needs children. He also suggested that rather than assessing the cost, it be added on to another project. Councilmember Harycki asked if there was any difficulty in shifting funds in such a manner. City Attorney Magnuson said that would not be a problem. City Administrator Hansen asked that staff be given the flexibility of determining the best way to finance the project. Motion by Council member Milbrandt, seconded by Councilmember Harycki, to proceed with Option 2 improving the section of 72nd/lnterlachen between Mid Oaks and Northland Avenue. Motion passed unanimously. Discussion on 2005 Conqressional City Conference - March 11-15, 2005 City Administrator Hansen asked if any Councilmembers were interested in attending the Conference. Mayor Kimble noted some of the benefits of the conference and suggested that the Conference might be especially helpful for new members. Mr. Hansen asked Council members to give thought to attending and get back to him as soon as possible if they wish to attend. Possible schedulinq of workshop on February 15, 2005 at 4:30 p.m. City Administrator Hansen said the suggested workshop would include a discussion of Lumberjack Days and other items as time allows. Motion by Council member Milbrandt, seconded by Council member Polehna, to schedule a 4:30 p.m. workshop on Feb. 15,2005; motion passed unanimously. STAFF REPORTS Community Development Director Russell informed the Council that there has been a Flood Plain Map Amendment for the Stillwater Mills project. Page 3 of 12 City Council Meeting - 05-04 February 1, 2005 City Administrator Hansen spoke of scheduling a goal-setting session. He said such a session would not be valuable unless all Council members are in attendance. There was a discussion of possible dates. April 22, 2005, was selected. Motion by Council member Milbrandt, seconded by Councilmember Polehna, directing the City Administrator to schedule a goal-setting session for April 22, 2005. Motion passed unanimously. Mayor Kimble recessed the meeting at 5:30 p.m. RECESSED MEETING 7:00 P.M. Mayor Kimble called the meeting to order at 7:00 p.m. Present: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Others present: City Administrator Hansen City Attorney Magnuson Public Works Director Eckles Community Development Director Russell Police Chief Dauffenbach Finance Director Harrison Fire Chief Glaser Director of Administration Knauss City Clerk Ward APPROVAL OF MINUTES Motion by Council member Junker, seconded by Council member Milbrandt, to approve the January 18, 2005 regular meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Swearinq in of New Police Officer - David Wulfinq Police Chief Dauffenbach introduced Officer Wulfing. Mayor Kimble administered the oath of office. Recoqnition of retirement of Monica Price, Finance Department (Resolution 2005-30) Finance Director Harrison thanked Monica Price for her 16 and one-half years of dedicated service to the City. Mayor Kimble reiterated that expression of thanks. Motion Councilmember Milbrandt, seconded by Councilmember Harycki, to adopt Resolution 2005-30, City of Stillwater, Minnesota Certificate of Appreciation presented to Monica Price. Page 4 of 12 City Council Meeting - 05-04 February 1, 2005 Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None OPEN FORUM No one was present to address the Council. CONSENT AGENDA Motion by Councilmember Milbrandt, seconded by Councilmember Junker, to adopt the Consent Agenda. Ayes: Councilmember Polehna, Milbrandt, Harycki, Junker and Mayor Kimble Nays: None Resolution 2005-25, directing payment of bills Resolution 2005-26, Approving regular, full-time employment of Stuart Glaser as Fire Chief Resolution 2005-27, approval of Rivertown Art Festival Contract Resolution 2005-28, approval of contract with John Ballis for background investigations Possible approval of Capital Outlay expenditure for office furniture - Police Department Possible approval to purchase 5 computers - Finance Department and Administration Possible approval to purchase 5 switches to replace hubs - MIS Resolution 2005-29, renewal of license for Antivirus software - MIS Possible approval to purchase EMS response jackets - Fire Department PUBLIC HEARINGS Case No. V/04-83. This is the date and time for a public hearinq to consider a request from Tony Kerschbaum for a variance to the front yard setback (30 feet required, 10 feet requested) for the construction of a sinqle family residence located at 2015 Lake Street in the RB, Two Family Residential District. Flood Plain and the Bluffland/Shoreland District. Mayor Kimble stated the applicant has asked that this case be continued to the Feb. 15, 2005, Council meeting. City Attorney Magnuson said the applicant has waived the 60- day rule. Motion by Council member Polehna, seconded by Councilmember Junker, to continue this case until the Feb. 15, 2005, meeting. New notices will be sent to affected property owners. All in favor. Case No. SUBNI04-90. This is the date and time for a public hearinq to consider a request from Scott Junker for a subdivision of a 17,250 square foot lot into two lots of 8,625 square feet each with a variance to the lot size requirement (10.000 square feet required. 8.625 square Page 5 of 12 City Council Meeting - 05-04 February 1, 2005 feet requested) located at 1802 North Fourth Street in the RA. Sinqle Family Residential District. Mayor Kimble stated the applicant has withdrawn this request. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna, accepting the withdrawal of the application. All in favor. Councilmember Harycki stated he had received several calls from neighboring property owners expressing concerns about construction debris and other safety issues. Mayor Kimble said such comments/concerns should be directed to the Building Inspector. Case No. ZAT/04-02. This is the date and time for a public hearinq to consider a request from City of Stillwater for a Zoninq Text Amendment chanqinq the duplex residential zoninq district requlations Community Development Director Russell said the amendment makes three changes: it incorporates, by reference, the uses allowed by Special Use Permit in the RA District into the RB District; it adds Bed & Breakfasts to the uses allowed by Special Use Permit in the RB District; and it eliminates an inconsistency in the allowable garage size/accessory unit size, changing the allowable garage size to 800-square feet if there is an accessory unit. Councilmember Junker stated the Planning Commission had held a public hearing and unanimously recommended the Zoning Text Amendment. Mayor Kimble opened the public hearing and closed the hearing after no comments were received. Motion by Council member Junker, seconded by Councilmember Milbrandt, to approve the first reading of ordinance for Zoning Text Amendment. Ayes: Councilmember Polehna, Milbrandt, Harycki, Junker and Mayor Kimble Nays: None UNFINISHED BUSINESS Update and possible approval of scope of work contract for Ankeny Kell relatinq to National Guard Armory Community Development Director Russell noted that at the last meeting, he presented the concept of Ankeny Kelllooking at the proposed National Guard Armory site and whether the site will accommodate revised Guard guidelines. He has received a proposal from Ankeny Kell to do the study at a cost not to exceed $5,000. Page 6 of 12 City Council Meeting - 05-04 February 1, 2005 There was discussion as to the scope of the work. Mr. Russell stated the study would look at the City's site to see if it will accommodate the revised National Guard standards regarding setbacks and other design standards as well as the cost of fitting a Guard training center on that site. The study will not look at reprogramming the proposed facility or at city/community needs that have been discussed since the facility was originally proposed. He stated once it is determined the site can accommodate the Guard needs, then the City will look at its needs. Councilmember Milbrandt expressed a concern that Ankeny Kell had not provided a better cost estimate for the study. Motion by Council member Junker, seconded by Councilmember Polehna, adopting Resolution 2005-31, approval of the scope of work contract for Ankeny Kell. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None NEW BUSINESS Request for removal of public restrooms from Stillwater Mills project Community Development Director Russell stated the City has received a request from the Stillwater Mills developer to remove the provision of public restrooms as part of the project. He noted that in the accompanying staff report, the provision of public restrooms is not required by the Building Code or Zoning Ordinance. However, that was part of the developers' original proposal to address City concerns regarding the deficiency of the availability of public restrooms in the downtown area. He stated Building Code does require individual commercial users to provide restrooms; however, those facilities are only available to customers or employees and are not public, per se. Councilmember Milbrandt said he would not be supportive of the requested change. Councilmember Harycki said he had received many calls in favor of retaining the public restrooms. He noted that the Grand Garage, Brick Alley and Lumberman's Exchange Building all provide public restrooms; however, there are no such facilities at the north end of downtown and that granting the developers' request would be a step in the wrong direction. Council member Junker also noted that the provision of public restrooms was an amenity that the Council considered when first approving the project. Motion by Council member Harycki, seconded by Councilmember Junker, to deny the request and require the provision of public restrooms for the Stillwater Mills project. All in favor. Page 7 of 12 City Council Meeting - 05-04 February 1, 2005 Although not a public hearing, Mayor Kimble invited Stillwater Mills developer David May to address the Council. Mr. May spoke of his concerns about the safety of residents/guests having to go through an unsecured area. He asked if there was some way they would be allowed to semi-secure the restrooms, such as having users obtain the key from a retail tenant. Councilmember Junker noted that the City did not anticipate that the restrooms would be available around the clock, that it was assumed when retail spaces close, the restrooms would be closed to the public. Mr. May reiterated his concern about residents' safety and suggested several alternatives, including possibly moving the restrooms to a location away from the residents' lobby area. Councilmembers indicated that might be a possibility, as long as the restrooms are completely open and accessible to the public. Council member Junker and Mayor Kimble both reiterated that the provision of public restrooms was an amenity that weighed heavily in the Council's approval of the project. Possible approval of lobbyist contract for 2005 City Administrator Hansen said the Council had not taken any formal action on a contract for lobbyist's services for 2005. He said it was the presumption that the City would continue its relationship with Mr. Cain, and he had authorized Mr. Cain to work on the City's behalf to protect a state grant. However, another lobbyist has expressed an interest in submitting a proposal for services. Mr. Hansen noted that the City had solicited RFPs in 2003. He said a proposal from the other interested party could be ready for the next Council meeting. If the Council wishes to look at the other proposal, Mr. Hansen said he would recommend that the City continue to retain the services of Mr. Cain on a month-to-month basis. Motion by Council member Milbrandt, seconded by Councilmember Junker, moved to put off approval of a lobbyist contract for two weeks in order to review the other proposal and in the interim retain Mr. Cain on a monthly basis. All in favor. Possible approval to apply for the Preserve America Communities Desiqnation Community Development Director Russell stated this is a new federal program that recognized cities for their historic resources. He suggested that such a designation would be valuable in promoting the community and enhancing the downtown. Motion by Council member Junker, seconded by Councilmember Polehna, to adopt Resolution 2005-33, approval to apply for the Preserve America Communities designation. Ayes: Council member Polehna. Milbrandt, Harycki, Junker and Mayor Kimble Nays: None Possible reappointment of members to Library Board Page 8 of 12 City Council Meeting - 05-04 February 1, 2005 Mayor Kimble noted that the Council inadvertently neglected to take action on two reappointments - Brian Simonet and Ruth Ranum -- to the Library Board. Motion by Councilmember Milbrandt, seconded by Councilmember Junker, to adopt Resolution 2005-34, appointments to the Library Board. Ayes: Councilmember Polehna, Milbrandt, Harycki, Junker and Mayor Kimble Nays: None Amendinq the feasibility report for 2005 Street Improvement Project (Resolution 2005-35) Public Works Director Eckles said at the direction of the Council, it is being recommended that the feasibility report for the 2005 street improvement project be amended to include that portion of Olive Street between Greeley and William streets. Councilmember Harycki asked about doing sidewalks on Deer Path, noting that some residents may be opposed to that improvement. Community Development Director Russell stated improvements to Deer Path came up in the recent traffic study. The Planning Commission recommended sidewalks, he said. It also was noted that sidewalks on Deer Path would create a link in the City's trail system. Councilmember Milbrandt pointed out the sidewalks are only part of the feasibility study at this point. Councilmember Junker said he hoped that portion of Olive between Greeley and Owens is included. Motion by Council member Milbrandt, seconded by Councilmember Junker, adopting the Resolution 2005-35, resolution amending the feasibility report for 2005 Street Improvement Project (Project 2005-02). Ayes: Councilmember Polehna, Milbrandt, Harycki, Junker and Mayor Kimble Nays: None Possible approval of resolution encouraqinq the Minnesota State Leqislature to create a special taxinq district for the Middle St. Croix Water Manaqement Orqanization Public Works Director Eckles reviewed the history of the three watershed entities. Watershed Districts have taxing authority; watershed management organizations do not - projects are assessed against communities as a whole rather than individual property owners. There are three watershed entities that Stillwater is part of - Brown's Creek Watershed District, Carnelian-Marine, and the Middle St. Croix Water Management Organization. Washington County attempted to merge the three groups; however, that Page 9 of 12 City Council Meeting - 05-04 February 1, 2005 was challenged and the county was unsuccessful. Mr. Eckles stated that because of the difference in taxing authority, some inequities could occur to local taxpayers. Councilmember Milbrandt expressed a concern about watershed districts' authority to levy taxes without going through the public hearing process. City Attorney Magnuson noted that watershed districts have the same obligation to hold public hearings for projects that other taxing authorities do. Motion by Councilmember Junker, seconded by Councilmember Milbrandt, to adopt the Resolution 2005-36, a resolution encouraging the Minnesota State Legislature to create a special taxing district for the Middle St. Croix Water Management Organization. Ayes: Council member Polehna, Milbrandt, Harycki, Junker and Mayor Kimble Nays: None Possible approval of amended & restated development aqreement for Lofts project - 501 S. Main City Attorney Magnuson reviewed the amended agreement that provides for the refunding of the Tax Increment Financing note to a tax-exempt note. The amended agreement does not change the project or the amount of the bond, he said. City Administrator Hansen said the revised agreement will save significant Tax Increment dollars. Motion by Council member Junker, seconded by Councilmember Polehna, to adopt Resolution 2005-37, approval of amended and restated development agreement for the Lofts project, 501 S. Main Street. Ayes: Councilmember Polehna, Milbrandt, Harycki, Junker and Mayor Kimble Nays: None Possible approval of two HV AC redesiqn projects at City Hall Director of Administration Knauss said cost for the redesign projects is $28,471. However, she stated this is just a first step which will only address heating issues. She stated she may be back before the Council when the chillers are operational. Motion by Council member Harycki, seconded by Councilmember Milbrandt, to adopt the Resolution 2005-38, approving contract with Johnson Controls, Inc. for two HVAC redesign. Ayes: Councilmember Polehna, Milbrandt, Harycki, Junker and Mayor Kimble Nays: None Page 1 0 of 12 City Council Meeting - 05-04 February 1 , 2005 Possible approval of resolution for decertification of TIF District #3 Finance Director Sharon Harrison explained the request is to decertify TIF District #3, formed in 1985 for the Cottages project. All obligations have been paid in full, she said, and the area needs to get back on the tax rolls. Motion by Councilmember Polehna, seconded by Councilmember Milbrandt, to adopt Resolution 2005-39, being a resolution approving the decertification of Tax Increment Financing District No.3, within the Development District No.1, of the City of Stillwater. Ayes: Councilmember Polehna, Milbrandt, Harycki, Junker and Mayor Kimble Nays: None PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) None COMMUNICA TIONS/REQUESTS None COUNCIL REQUEST ITEMS Council member Junker asked that the City revisit the no-parking designation on South Everett now that Lakeview Hospital's parking ramp has been completed. STAFF REPORTS (continued) None ADJOURNMENT Motion by Council member Junker, seconded by Councilmember Polehna, to adjourn at 8:40 p.m. Motion passed unanimously. ..~~ ~<~ { Act i ng rr]aY9r "--/ ATTEST: ;{1fl/l1 0. ~ Diane F. Ward, City Clerk Page 11 of 12 City Council Meeting - 05-04 February 1, 2005 Resolution 2005-25, directing payment of bills Resolution 2005-26, Approving regular, full-time employment of Stuart Glaser as Fire Chief Resolution 2005-27, approval of Rivertown Art Festival Contract Resolution 2005-28, approval of contract with John Ballis for background investigations Possible approval of Capital Outlay expenditure for office furniture - Police Department Possible approval to purchase 5 computers - Finance Department and Administration Possible approval to purchase 5 switches to replace hubs - MIS Resolution 2005-29, renewal of license for Antivirus software - MIS Possible approval to purchase EMS response jackets - Fire Department Resolution 2005-30, City of Stillwater, Minnesota Certificate of Appreciation presented to Monica Price Resolution 2005-31, approval of the scope of work contract for Ankeny Kell Resolution 2005-32, not used Resolution 2005-33, approval to apply for the Preserve America Communities designation Resolution 2005-34, appointments to the Library Board Resolution 2005-35, resolution amending the feasibility report for 2005 Street Improvement Project (Project 2005-02) Resolution 2005-36, a resolution encouraging the Minnesota State Legislature to create a special taxing district for the Middle St. Croix Water Management Organization Resolution 2005-37, approval of amended and restated development agreement for the Lofts project, 501 S. Main Street Resolution 2005-38, approving contract with Johnson Controls, Inc. for two HV AC redesign Resolution 2005-39, being a resolution approving the decertification of Tax Increment Financing District No.3, within the Development District No.1, of the City of Stillwate. Page 12 of 12