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HomeMy WebLinkAbout2005-03-01 CC MIN CITY OF STILLWATER CITY COUNCIL MEETING NO. 05-06 March 1, 2005 REGULAR MEETING 4:30 P.M. Mayor Kimble called the meeting to order at 4:30 p.m. Present: Councilmembers Polehna, Milbrandt, Harycki, Junker and Mayor Kimble Others Present: City Administrator Hansen City Attorney Magnuson Police Chief Dauffenbach Fire Chief Glaser Public Works Director Eckles Finance Director Harrison Director of Administration Knauss City Clerk Ward OTHER BUSINESS Discussion on Farmer's Market David Murphy, a flower farmer and member of the Farmer's Market, asked the Council to reconsider its decision to move the market to the lower River View parking lot. He stated the Farmer's Market renews its request for use every year and each year has been granted the use with nothing but positive comments. The move to the River View location from the former space in the downtown, he said, has relieved traffic, avoided conflict with weekend events in the downtown area, and enables many residents to walk to the market. He stated completion of the Veterans' Memorial is no reason for the Market not to be able to use the upper lot. Monique Vernon, Farmer's Market manager, said the proposed site in the lower lot decreases the amount of space available for the market from 77 to 53 spaces and poses a safety issue if customers and vendors have to use the same area. She also referred to the possible traffic hazard on Third Street when the bridge is up and people won't be able to exit the lot. In addition to the loss of space, the proposed location is not highly visible, which likely will result in a loss of income for vendors. She stated Farmer's Market members are more than willing to cooperate and set up their stalls to co-exist with the Memorial. Wendy Kluck, former Market manager, also noted that the Market had never received any complaints. The only reason she knew there was an issue this year was when the Pioneer Press contacted her for comment. She stated vendors have always maintained and cleaned the area and have respected the Memorial pavers. Mayor Kimble noted that when the Council made its decision to relocate the market, it did not contact the vendors for their input. He suggested trying to find a compromise and allow the Market to continue to use the upper lot on a trial basis this year, asking the vendors to be respectful of the pavers and Memorial. Council member Harycki agreed there should be room for compromise, also noting the decision to relocate the market had not been a Council agenda item. Councilmember Junker also favored some City Council Meeting - 05-06 March 1, 2005 kind of compromise, saying he was not aware of the loss of space when he voted for the move. Councilmember Polehna suggested a more advantageous site for the Market might be the Recreation Center and stated he is aware of a problem of Market visitors using the bathrooms at the Historic Courthouse. Councilmember Milbrandt spoke in favor of a compromise and suggested a meetin~J of the Farmer's Market and Veterans' Memorial Committee people. City Administrator Hansen stated he could set up such a meeting, see if a compromise would be possible, and report back to the Council. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna, directing staff to arrange a meeting with the two interested parties and report back to the Council at its April 5 meeting. All in favor. Discussion with Library Richard Huelsmann, member of the Library Board of Trustees and chair of the fund- raising for the library renovation and expansion project, gave a history of the project, which has been studied since 1995. In May of 2002, he said the Library Board offered to raise $4 million from the private sector if the City would match that $4 million and pay for construction of a parking ramp, an estimated additional $1 million. He said the fund- raising has been a major effort. As of the day of the Council meeting (March 1), the Board had reached $4,017,782 in pledges and additional contributions are expected, he said. Of that amount, the Board has $2,321,000 in cash; the remainder is in receivables. In addition to raising funds, Mr. Huelsmann said the Board and architect have been working to address the concerns and conditions of approval in reviews by the Heritage Preservation Commission and Planning Commission and has reached a concept agreement with Ascension Episcopal Church that addresses an issue of the expansion project encroaching on a portion of a lot owned by Ascension. He noted that the Library constitutes less than 10 percent of the City's annual budget and that is not expected to change with the expansion. He referred to some cost increases, but noted there are revenue opportunities, such as meeting room rentals and rental of the large terrace area, to offset increased costs. A Library Foundation will be established to undertake annual fund-raising, he said. Construction documents are 95 percent complete and interviews with construction managers have been held; a decision on a construction manager is expected to be made at the Library Board's next meeting. He asked that the Council acknowledge that the Library Board has met its fund-raising obligation and that it authorize the City's share of funds be expended. Mayor Kimble and Councilmembers congratulated the Library Board on its success and a job well done. Motion by Councilmember Milbrandt, seconded by Councilmember Harycki, acknowledged the Library Board has met its commitment to raise $4 million for renovation and expansion of the library. All in favor. Mayor Kimble recessed the meeting at 5: 15 p.m. Page 2 of 9 City Council Meeting - 05-06 March 1, 2005 Mayor Kimble reconvened the meeting at 5:20 p.m. Discussion on Lumberjack Days Roberta Opheim, Stillwater resident, former Councilmember, and member of the Lumberjack Days Festival Association Board, addressed the Council. She said the Festival Association hires St. Croix Events to coordinate the many activities of Lumberjack Days. She noted there has been a lot of discussion regarding having volunteer-run activities. However. she pointed out that from her experience as president of the Chamber, the ability to coordinate activities through volunteers is almost impossible. Ms. Opheim briefly reviewed the recommendations/proposal of the Advisory Committee, appointed by the Council to address concerns raised after last year's event. The proposal provides for the exclusive use of north and south Lowell Park and Pioneer Park July 21-24. The use of south Lowell Park would not be expanded, she said, but would continue to be limited to the end of the LJD races and the ecumenical church service on Sunday. She stated the Advisory Committee discussed scaling back the musical entertainment and ending concerts and beer sales an hour earlier, 10 p.m. concerts, 9:40 beer sales, than previously. Thursday's entertainment, as proposed, would feature local (metro area) talent. Friday's featured band will be the Guess Who, with Saturday's band yet to be determined. She noted that the Committee had discussed the changing nature of downtown and the desire for the events to be compatible with both the downtown commercial environment and the growing residential environment. Ms. Opheim said, as proposed, a detailed site plan will be presented at a later date and organizers will work closely with the City's Police and Fire Department. Ms. Opheim spoke of the need for fiscal responsibility and noted every expense must have a revenue source to offset it. The Festival Association will erect fencing at its own cost; provide portable restroom facilities and cleanup. In addition, she said, they are planning to get information to residents at an earlier date, conduct a marketing workshop with folks in the historic district on ways to take advantage of promotional opportunities. And, she said, they are working with staff at developing a parking plan and possible shuttle plan. A significant change, as proposed, she said, is moving fireworks to Thursday and having the event conclude with Sunday's parade. Councilmember Harycki asked why the scaling back of media presence was not included in the recommendations. David Eckberg of St. Croix Events asked that the media promotional plan be deferred to the Entertainment Committee, which includes the Festival Association Board, Councilmembers Junker and Milbrandt, Administrator Hansen and Police Chief Dauffenbach. Mr. Eckberg said it would be difficult to adopt the promotion plan until it is known what band will be playing Saturday night. Councilmember Milbrandt spoke in favor of having no Twin Cities media coverage. Mr. Eckberg said it would be difficult to do that. Part of the purpose of Lumberjack Days is to invite people to come and see Stillwater, he said. Council member Milbrandt suggested the event has evolved from a city celebration to a regional production. Mr. Milbrandt said he is pleased with some of the improvements, but is still concerned with the issue of media coverage and is not in favor of the beer garden. Page 3 of 9 City Council Meeting - 05-06 March 1, 2005 In the discussion related to media coverage, Mayor Kimble suggested that the Council is not opposed to promotion, such as promoting the races and other family events, but is concerned with the repeated announcements to visit Stillwater on the date of a concert. Councilmember Junker also spoke of the benefit of outside print media coverage. Mr. Eckberg asked that the Council adopt the proposal, with the promotion plan to be reviewed/approved by the Entertainment Committee and detailed site plan to be provided at a later date. Councilmember Harycki said he would be uncomfortable with moving forward until more details, including the site plan, are known. Mr. Eckberg said a detailed site plan couldn't be submitted until the number of vendors is known. Council member Junker referred to a Feb. 14 letter from the Fire Department and Police Department outlining the information those departments want and won't sign off on until they receive. Mr. Junker said he would feel comfortable moving forward with the condition that the Fire and Police Departments sign off on the site plan. Administrator Hansen noted that condition could be incorporated into the formal contract. There was a discussion of internal policing/security plans and how St. Croix Events' internal security people cooperate with the City Police Department. Councilmember Harycki stated he would like to find a way to have the name Lumberjack Days returned to the City, referring to a suggestion that the event might be moved if beer sales were further restricted. Mr. Eckberg stated that without beer sales, it would not be possible to conduct the festival. Mayor Junker stated that the problem last year was not with beer sales in the park, rather it was with those folks who came to town late looking for a party. Councilmember Milbrandt stated he wished the Advisory Committee had been asked to look at radical changes to the event instead of "tweaks" and suggested that cutting big expense items, like the fireworks display, might allow for the elimination of beer sales. Councilmember Polehna said he thought the proposal represented a lot of compromise and was a good correction, but stated he thought it was a mistake to eliminate the Sunday night events. Mayor Kimble also stated he thought the proposal incorporated reasonable changes. Councilmember Junker said he believed bands dictate the crowd size and said the proposed represented good cutbacks. Councilmember Harycki asked about the site plan. Mr. Eckberg said a site plan couldn't be done until the vendors are determined, perhaps by June 15. Fire Chief Glaser said waiting until June would be a problem. He suggested that last year's plan could be used as a starting point to determine occupancy load and other code requirements; if there are changes, Mr. Eckberg would have to make adjustments in order to meet the code requirements. Councilmember Milbrandt suggested adding a condition that an initial site plan be submitted by May 15 to the motion to approve the concept proposal. Mr. Junker agreed to that addition. Motion by Councilmember Junker, seconded by Councilmember Polehna to adopt the concept proposal with a final contract to be brought to the Council in two weeks with an initial site plan submitted by May 15, 2005 for public safety review and approval. All in favor. Page 4 of 9 City Council Meeting - 05-06 March 1, 2005 STAFF REPORTS Fire Chief Glaser reported that interviews with consultants for the fire service delivery study had been conducted and the field narrowed to three potential firms. He stated a recommendation should be ready for the Council's March 15 meeting. Mayor Kimble recessed the meeting at 6:25 p.m. RECESSED MEETING 7:00 P.M. Mayor Kimble called the meeting to order at 7:00 p.m. Present: Councilmembers Polehna, Milbrandt, Harycki, Junker and Mayor Kimble Others Present: City Administrator Hansen City Attorney Magnuson Police Chief Dauffenbach Fire Chief Glaser Public Works Director Eckles Finance Director Harrison Director of Administration Knauss City Clerk Ward APPROVAL OF MINUTES Motion by Councilmember Junker, seconded by Councilmember Milbrandt, to approve the February 15, 2005 special, regular and executive session meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS OPEN FORUM Wayne Gruis, 820 Towne Circle, and three other members of the Town Circle Homeowners Association were present to speak to a problem about collapsed curb and gutters in the area that is creating a problem with water drainage. Mr. Gruis stated that over two years ago, a petition, signed by all members of the Homeowners Association, was presented to the Public Works Department asking that the problem be addressed. Mayor Kimble noted that the cost of making repairs likely would be assessed to the property owners. He stated the Council could have Public Works look at the situation. Public Works Director Eckles stated staff would look at the problem and report back to the Council with recommendations. CONSENT AGENDA* Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt the consent agenda. Page 5 of 9 City Council Meeting - 05-06 March 1, 2005 Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna, and Mayor Kimble Nays: None Resolution 2005-49, directing payment of bills Authorization for use of Frank Madden & Associates for labor relations consulting services Possible approval to purchase wildfire turnout gear - Fire Department Possible approval to purchase plan unit shelving - Building Department Possible approval to purchase plan unit shelving - Building Department Resolution 2005-50, accepting work and ordering final payment for McKusick Ravine Storm Sewer/Traillmprovement Project (Project 2002-04A) Resolution 2005-51, accepting work and ordering final payment for McKusick Lake Diversion I mprovement Project (Project 2002-04B) Resolution 2005-52, accepting work and ordering final payment for Sewer Interceptor Rehabilitation Project (Project 2004-04) PUBLIC HEARINGS There were no scheduled public hearings. UNFINISHED BUSINESS Possible adoption of Findinqs of Fact relatinq to the application of Anthony Kerschbaum (Case No. V/04-83) City Attorney Magnuson said findings of fact are required for any variance denial. These findings allow the applicant to present another plan before the year wait required in other denials. Motion by Council member Milbrandt, seconded by Council member Polehna, to adopt Resolution 2005-53, approval of resolution adopting findings of facts, conclusion and order related to the denial of a front yard setback variance from Lake Street; a variance from both the lot size requirements and slope regulations of the bluff and shoreland regulations of the St. Croix Riverway ordinance (Case No. V/04-83). Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None NEW BUSINESS Possible approval of proceedinq with the Library Expansion project City Administrator Hansen reviewed the impacts of a $5 million bond issue for the library project. Bonds will be sold in 2006. Based on a true interest of 4.25 for a 20-year bond issue, the property tax impact on a 100,000 home would be $26.66 per year, on a $200,000 home $53.32. In 2003, he said, the assumed interest rate was 5 percent. The tax impact at that time was estimated at $37.17 on a $100,000 home. In addition to favorable interest rates, the City's tax base in growing, resulting in a lesser cost to City taxpayers, he noted. Mr. Hansen also spoke of the City's debt limit and pointed out that Page 6 of 9 City Council Meeting - 05-06 March 1, 2005 in one year, the City gained $3 million in its ability to bond. Finance Director Harrison said the City likely would levy for debt service, $395,000, in 2006. Councilmember Milbrandt noted that the $5 million figure isn't a realistic figure as the cost of bringing the infrastructure of the existing building up to code is nearly $1 million. He suggested the City is getting a "fantastic facility for a good deal." Mayor Kimble and Council member Polehna both spoke of the project as an investment for the entire community. Motion by Councilmember Milbrandt, seconded by Councilmember Harycki, to adopt Resolution 2005-54, a resolution of commitment to provide Library Renovation Financing. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Discussion on possible surcharqes for well and septic users not connectinq to City sewer & water Public Works Director Eckles asked for the Council's direction on how to proceed with implementing the city ordinance in respect to completion of the North Hill sewer/water project. The city ordinance, he said, requires homeowners to connect to available services within a certain time. The ordinance does provide for an appeal process and variance, he said. Mr. Eckles spoke of a possible surcharge for those homeowners who do not hookup to city services. He suggested that if a homeowner obtains a variance and the existing septic/well system passes inspection, a surcharge of $52.50 per quarter be charged for failure to hookup. If a homeowner does not obtain a variance and does not hookup to city services, the surcharge would be $105 per quarter, as proposed. There was a discussion of the ordinance and the South Hill project. Following completion of the South Hill project, the City granted a blanket variance. A condition was added to the ordinance that requires those residence to hookup no later that 2010. Councilmember Harycki stated North Hill property owners were not aware they would be forced to hookup to services if they had functioning septic/wells when the project was explained in 2001. He said this proposal amounts to "changing the rules." He also said residents in the project area are looking at assessments of between $15,000 and $17,000, plus $10,000 in cash for hookup charges. Many North Hill residents, including him, can't afford that cost, he said. He called penalizing homeowners for failure to hookup, in addition to the assessments, "very punitive." He also suggested that to do so would be to go back on the City's word. Mr. Eckles agreed that residents were not told they would have to hookup to the new services, but it was made clear during presentations that the City does have an ordinance that requires hookup in a certain timeframe. He stated the proposed surcharge serves as an incentive for use of City services and helps pay for infrastructure improvements paid for by the entire community. Page 7 of 9 City Council Meeting - 05-06 March 1, 2005 Councilmember Harycki stated he was against the surcharge. He pointed out that North Hill residents secured $1.3 million in outside funding for the project. Residents need to be able to budget in order to afford to hookup, he said. Mayor Kimble suggested a blanket policy that if a resident has functional services, unless the property is sold, he or she be given a certain number of years before hookup is mandated. North Hill residents ought to be treated the same way as South Hill residents, he said. Councilmember Junker said the City needs to encourage hookup, but said he would not be opposed to setting a time limit to do so. Councilmember Milbrandt suggested that perhaps the ordinance needs to have some kind of blanket grace period for major projects. No action was taken. Mayor Kimble suggested that staff revisit the issue. Possible approval of resolution desiqnatinq Brick Street as an MSA street Public Works Director Eckles said improvements to Brick Street are part of the Deer Path traffic diversion project. With only seven homes and a church on the street, it is difficult to assess the cost. MSA designation will provide for state funding. He said there are some additional design guidelines required by MSA designation, but he said the financial benefits would outweigh any additional design requirements. Motion by Council member Junker, seconded by Councilmember Polehna, to adopt Resolution 2005-55, resolution establishing Municipal Sate Aid Highways. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Possible approval of Poplar Street Speed Limit Public Works Director Eckles briefly explained the traffic calming measures planned for the portion of the street, which previously was closed to through traffic. Traffic measures include a series of 3 or 4 medians to slow speeds; 25 mph is the proposed speed limit. It was noted that the City could impose a 25 mph limit because of the length of the street and because the City did a specific engineering study of that segment of street. Councilmember Harycki suggested sending the engineering study to residents explaining what measures are proposed. Mr. Eckles suggested if residents have questions, it might be better to meet with them individually. Motion by Councilmember Milbrandt, seconded by Councilmember Harycki, to adopt Resolution 2005-56, resolution establishing a 25 mph speed limit on Poplar Street from Second Street to the Western Terminus. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None COM MU N leA TIONS/REQU ESTS None Page 8 of 9 City Council Meeting - 05-06 March 1, 2005 COUNCIL REQUEST ITEMS Council member Polehna asked Public Works Director Eckles if the City would be making another request for federal funding for Manning Avenue improvements. Mr. Eckles stated the City is continuing to work with Washington County on obtaining funding for Manning Avenue. Mr. Polehna said Mr. Tyson of Washington County has indicated the City will need to make a formal request to reapply for federal funds. Mayor Kimble stated he had received a lot of calls with questions about the placement of sidewalk on South Fifth Street. Public Works Director Eckles stated the sidewalk is proposed to be placed on the east side of South Fifth, as there are power poles on the west side of the street. Councilmember Harycki stated he had received a call from a resident on Orwell Court regarding the condition of the street and drainage concerns. Public Works Director Eckles said staff is aware the road is in bad shape. Mr. Eckles stated improvements likely would be made within the next five years; due to the length of the street, Orwell likely will be part of a larger project. ADJOURNMENT Motion by Council member Junker, seconded by Council member Harycki, to adjourn at 7:55 p.m. All in favor. ~~ ATTEST: /1 . dkl ~ j;YAtlfif ' W1 ' Diane F. Ward, City Clerk Resolution 2005-49, directing payment of bills Resolution 2005-50, accepting work and ordering final payment for McKusick Ravine Storm Sewer/Traillmprovement Project (Project 2002-04A) Resolution 2005-51, accepting work and ordering final payment for McKusick Lake Diversion Improvement Project (Project 2002-04B) Resolution 2005-52, accepting work and ordering final payment for Sewer Interceptor Rehabilitation Project (Project 2004-04) Resolution 2005-53, approval of resolution adopting findings of facts, conclusion and order related to the denial of a front yard setback variance from Lake Street; a variance from both the lot size requirements and slope regulations of the bluff and shoreland regulations of the St. Croix Riverway ordinance (Case No. V/04-83). Resolution 2005-54, a resolution of commitment to provide Library Renovation Financing. Resolution 2005-55, resolution establishing Municipal Sate Aid Highways. Resolution 2005-56, resolution establishing a 25 mph speed limit on Poplar Street from Second Street to the Western Terminus. Page 9 of 9