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.
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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.
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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.
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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.
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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.
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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:
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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.
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