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HomeMy WebLinkAbout2005-04-05 CC MINCITY OF STILLWATER CITY COUNCIL MEETING NO. 05-08 April 5, 2005 REGULAR MEETING 4:30 P.M. Mayor Kimble called the meeting to order at 4:30 p.m. Present: Councilmembers Harycki, Junker, Milbrandt and Mayor Kimble Absent: Councilmember Polehna Staff present: City Administrator Hansen City Attorney Magnuson Fire Chief Glaser Public Works Director Eckles Finance Director Harrison Director of Administration Knauss City Clerk Ward OTHER BUSINESS Update on Library project Bill Hickey of the Stillwater Public Library Board of Trustees was present with an update on the library project. He stated the Board planned to provide updates on a monthly basis. He said McGough of Roseville has been selected as project construction manager and certain pre-construction activities have begun. A letter of intent has been signed to lease space in the Valley Ridge Mall to serve as temporary quarters for the library. It is likely the move to the temporary quarters will be made around May 15. Construction site work is expected to begin around May 1. It is estimated construction will take 12 months from start to finish. Councilmember Milbrandt asked if the Board was on track with the necessary Heritage Preservation Commission and Planning Commission approvals. Mr. Hickey stated that most necessary approvals have already been received; it is a matter of keeping the various entities informed as the project progresses. Fire Relief Association Jeff Cutler of the Fire Relief Association gave a Power Point presentation. Also present were Association Board of Trustee members John Buckley, John Nobles and Bill Peltier and the Association's financial advisor Colleen Hartman. The presentation highlighted the history and organization of the Association; benefit level increase options; benefit comparisons; and investment performance. Mr. Cutler noted the reason for the Relief Association is to retain and reward firefighters for their service to the City by providing a pension benefit. A member is fully vested after City Council Meeting - 05-07 April 5, 2005 20 years of service and is eligible to receive the benefit at age 50. The City Council approved the current benefit level of $3,500 in 1998. The request is to increase the benefit level by $350 in 2005 and 2006 to reach $4,200 in 2006. The Association suggested that the benefit level be adjusted by the annual CPI increase each year thereafter. Mr. Cutler pointed out that the Association could increase the benefit level without asking Council approval, but the Association has historically always sought approval. He pointed out that the current market value of the fund is $2.5 million; with liability of about $1.9 million and that the benefit level could be increased to $4,800 and still be fully funded. He noted that the Association has never asked for any City contribution and there is no cost to the City unless some type of catastrophic event was to occur. City Administrator Hansen said he supported the Association's request to increase the benefit level to $4,200 by 2006, but said he was concerned about the proposal to increase the level in subsequent years based on the CPI. He suggested revisiting the issue in 2007. Motion by Councilmember Harycki, seconded by Councilmember Milbrandt to adopt Resolution 2005-72, approving Fire Relief Association benefit level increases, $350 in 2005 and 2006, bringing the amount to $4,200 in 2006, and to review the benefit level amount in 2007. Ayes: Councilmembers Harycki, Junker, Milbrandt and Mayor Kimble Nays: None Absent: Councilmember Polehna Workshop on traffic projects Public Works Director Eckles gave a presentation related to road improvement projects in the annexation area. The Boutwell Area Transportation Study included a number of recommendations for traffic/road improvements. The primary source of funding for such projects has been Municipal State Aid. In addition to projects in the development area, old collector streets in the City need improvements. As a result, a significant shortfall in MSA funds is anticipated, he said. The presentation listed proposed projects and estimated costs through 2012. The bottom line is that in 2013, project costs total an estimated $10.15 million. MSA aid would total $3 million and possible assessments $2.7 million, leaving a shortfall of just over $4 million. Mr. Eckles suggested several solutions for the shortfall ranging from not doing the projects to imposing a transportation utility charge, forming street improvement districts or charging development impact fees. Mr. Eckles noted that cities had been unable to charge development impact fees in the past due to court challenges. However, the city of Rochester has successfully implemented such a fee, on an optional basis. If a landowner wants to develop and the road system is not adequate, the owner can proceed with development if the owner pays a development impact fee or makes an equivalent contribution in actual road improvements. Page 2 of 12 City Council Meeting - 05-07 April 5, 2005 Based on 350 acres in the annexation area and development-related projects estimated at $4.3 million, a possible impact fee would be $12,900 per acre. Mr. Eckles noted the City currently charges developers storm water fees of $7,000-$8,000 and assesses developers for sewer and water improvements. Adding a traffic impact fee would bring the City's development fees to about $30,000 an acre, still "cheap" compared to other cities. The city of Woodbury, for example, has trunk area assessment charges of $50,000 per acre, he said. Mr. Eckles suggested holding off on any plat approvals until a decision is made on whether to proceed with such a fee. Imposing an impact fee will require an enabling resolution and Attorney Magnuson has been working on such a resolution. Councilmember Milbrandt noted that traffic issues will be a major concern for this Council and while he said he supported looking at any creative solutions, he did not feel that new residents and new development are the final solution to those issues. Councilmember Junker said the City ought to pursue investigating any options available for dealing with the traffic issues. Motion by Councilmember Harycki, seconded by Councilmember Milbrandt directing staff to prepare the legal and technical support for an enabling resolution. All in favor. STAFF REPORTS Fire Chief Glaser reported that the Fire Service Study consultants would be making a site visit on April 20 and 21. He also noted that the DNR had imposed burning restrictions. Director of Administration Knauss reported that the consent agenda included a request for the release of capital outlay funds for replacement of carpet/flooring in the Police Department and training room. Finance Director Harrison reported that the auditors had completed the fieldwork. The next step in the process is the preparation of the financial statement. She stated several year-end transactions were on the consent agenda. City Administrator Hansen informed the Council that representatives of the Farmers Market and the Veterans Memorial Committee had met and arrived at a compromise to allow the Farmers Market to utilize the space in the upper River View lot that it has used for the past several years. He said the two groups were to meet again April 14 to resolve any outstanding issues. Mr. Hansen noted that the Farmers Market folks needed a council decision on the location at this meeting. Motion by Councilmember Harycki, seconded by Councilmember Milbrandt, to allow the Farmers Market to stay at the location in the upper River View lot. All in favor. Mayor Kimble recessed the meeting at 6:00 p.m. Page 3 of 12 City Council Meeting - 05-07 RECESSED MEETING Mayor Kimble called the meeting to order at 7 p.m. Present: Councilmembers Harycki, Junker, Milbrandt and Mayor Kimble Absent: Councilmember Polehna Staff present: City Administrator Hansen City Attorney Magnuson Fire Chief Glaser Planner Fitzgerald Public Works Director Eckles Director of Administration Knauss City Clerk Ward APPROVAL OF MINUTES April 5, 2005 7:00 P.M. Motion by Councilmember Milbrandt, seconded by Councilmember Harycki, to approve the minutes of March 15,2005, regular and executive session. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Scott Kneeskern, Stonebridge PTA Playground Committee Scott Kneeskern, representing the Stonebridge PTA Community Playground Committee, addressed the Council asking that the Council support the Park Board's recommendation to donate $30,000 to the Stonebridge playground project. He said Stillwater Township has pledge a 1:3 match of up to $15,000 based on the City's contribution. He spoke of the community-wide benefit of the project. A number of Stonebridge parents and students were in attendance to show their support. Councilmember Milbrandt, who serves on the Park and Recreation Board, stated the Park Board was unanimous in support of funding the project in the amount of $30,000, $15,000 in unallocated 2005 park funds and $15,000 from other park fund sources. The $30,000 City contribution will allow the committee to receive $10,000 from the Township. Councilmember Milbrandt also noted there is a possibility that plans to construct a basketball court at the Public Works building site may be flip-flopped with a basketball court at Stonebridge if constructing a court in conjunction with the playground project will result in cost savings. Motion by Councilmember Milbrandt, seconded by Councilmember Junker, to approve the $30,000 contribution as recommended by the Park Board. Councilmembers congratulated the Stonebridge committee and parents on their dedication. All in favor. Page 4 of 12 City Council Meeting - 05-07 April 5, 2005 Proclamation: Barbershop Harmony Week -Week of April 10 Mayor Kimble read a proclamation designating the week of April 10 as Barbershop Harmony Week and presented a copy of the proclamation to Mac Barlass, representing the local barbershop chorus. OPEN FORUM - No one wished to address the Council. CONSENT AGENDA Motion by Councilmember Milbrandt, seconded by Councilmember Junker, to adopt the consent agenda with the addition of item No. 12, releasing capital outlay funds for carpet replacement in the Police Department and training room. Ayes: Councilmember Milbrandt, Harycki, Junker and Mayor Kimble Nays: None Absent: Councilmember Polehna Resolution 2005-65, directing payment of bills Resolution 2005-66, approval of License to Use Real Property (Lily Lake Ice Arena) between the City and Washington County for Household Hazardous Waste Day on May 21, 2005 Resolution 2005-67, approval of year-end transactions Resolution 2005-68, approval of agreement to revise legal description of easement Resolution 2005-69, authorizing to receive offers on two pieces of land owned by the City of Stillwater Resolution 2005-70, accepting quotes and awarding contract for Everett Street Lift Station Upgrade Resolution 2005-71, approval of agreement with Regions Hospital for EMS education Approval of installation of banner - St. Croix Events - Rivertown Art Festival -May 1- 23, 2005 Possible approval to purchase of a new backup tape drive for the Resource Server Possible approval of Special Event for Friends of Stillwater Parks -Sunday, August 21, 2005 Possible approval of Special Event for March of Dimes Walk -Sunday, May 1, 2005 PUBLIC HEARINGS Case No. SUBl05-07. This is the date and time for a public hearing to consider a request from Adam Nyberg for a resubdivision of Lots 7 & 8, Block 7, The Legends of Stillwater 3~ Addition into one lot of 50,715 square feet located in the LR, Lakeshore Residential District. Planner Fitzgerald reported that the Planning Commission had approved the resubdivision request on March 14. Vacation of an utility/drainage easement is necessary to allow a house to be constructed on the combined lot. Page 5 of 12 City Council Meeting - 05-07 April 5, 2005 Mayor Kimble opened the public hearing. No comments were received, and the public hearing was closed. Motion by Councilmember Milbrandt, seconded by Councilmember Harycki, to adopt Resolution 2005-73, Resolution Approving a Resubdivision of Lots 7 & 8, Block 7, the Legends of Stillwater 3~d Addition into One Lot of 50,715 Square Feet Located in the LR, Lakeshore Residential District. Ayes: Councilmembers Harycki, Nays: None Absent: Councilmember Polehna Junker, Milbrandt and Mayor Kimble Motion by Councilmember Milbrandt, seconded by Councilmember Harycki, to adopt Resolution 2005-74, resolution vacating utility easements. Ayes: Councilmembers Harycki, Junker, Milbrandt and Mayor Kimble Nays: None Absent: Councilmember Polehna Case No. SUB/05-08. This is the date and time for a public_hearing to consider a request from Jeffrey Cruz Meadow View Homes for a preliminary plat to subdivide a 67,351 square foot lot into 4 lots. Lot 1 - 15 105 square feet Lot 2 - 17,014 square feet, Lot 3 - 18,200 square feet and Lot 4 - 17.122 square feet located at 1030 St. Croix Avenue in the RA, Single Family Residential District. Planner Fitzgerald noted this application was approved, with conditions, by the Planning Commission on March 14. Comments were received regarding drainage, tree removal, lot width and setbacks. The preliminary drainage plan has been reviewed by the Engineering Department and a final plan must be submitted for approval. She stated the resubdivision request meets the lot and setback requirements for the RA, Single Family Residential Area. Mayor Kimble opened the public hearing. The resident of 1001 St. Croix Avenue asked if there were any visuals of the new homes. He also said he had a concern with the width of the street and asked if there were any plans to finish Center Street. However, he said he had no complaints about the proposal in general. Mayor Kimble closed the public hearing. Motion by Councilmember Junker, seconded by Councilmember Harycki, to adopt Resolution 2005-75, Approval of Preliminary Plat to Subdivide a 67,351 Square Foot Lot into 4 Lots. Lot 1 - 15,105 Square Feet, Lot 2 - 17,014 Square Feet, Lot 3 - 18,200 Square Feet and Lot 4 - 17,122 Square Feet Located at 1030 St Croix Avenue in the RA, Single Family Residential District. Ayes: Councilmembers Harycki, Junker, Milbrandt and Mayor Kimble Nays: None Absent: Councilmember Polehna Page 6 of 12 City Council Meeting - 05-07 April 5, 2005 UNFINISHED BUSINESS Possible second reading of Ordinance No. 954, an Ordinance Amending Chapter 41, Licenses, Permits and Prohibitions*, Section 41-4 Entitled Peddlers and Solicitors of the City Code of the Citv of Stillwater City Attorney Magnuson stated in the past the City only required peddlers/solicitors to register, but did not require permits and there was no review process. He noted that solicitors have proven to be a nuisance. Mayor Kimble asked if there were exemptions for Scout groups and kids with lemonade stands. Mr. Magnuson said there is language exempting non-profit groups such as Scouts. Councilmember Harycki said he didn't see any language excluding kids selling lemonade. Mr. Magnuson said he would make sure the ordinance included such language. Councilmember Junker and Councilmember Milbrandt agreed to amend the motion to include the addition of such language. Motion by Councilmember Junker, seconded by Councilmember Milbrandt, to adopt Ordinance No. 954, an Ordinance Amending Chapter 41, Licenses, Permits and Prohibitions* Section 41-4 Entitled Peddlers and Solicitors of the City Code of the City of Stillwater. Ayes: Councilmembers Harycki, Junker, Milbrandt and Mayor Kimble Nays: None Absent: Councilmember Polehna Possible second readina of Ordinance No. 955. an Ordinance Amendina Chapter 43. Liauor City Attorney Magnuson said this is primarily a housekeeping ordinance including changes suggested by City Clerk Ward that should make it easier to administer. There are no substantial changes to the ordinance; the one change is that a public hearing will now be required for a liquor license transfer. Motion by Councilmember Milbrandt, seconded by Councilmember Junker, to adopt Ordinance No. 955, an Ordinance Amending Chapter 43, Liquor. Ayes: Councilmembers Harycki, Junker, Milbrandt and Mayor Kimble Nays: None Absent: Councilmember Polehna Possible second reading of Ordinance No. 956, An Ordinance amending Chapter 51, Traffic, Section 51-8, regulating self-propelled devices City Attorney Magnuson stated the intent of the ordinance is to make clear what activities are prohibited, where such activities are prohibited and to allow the Council to adopt further restrictions by ordinance. He said language has been cleaned up from the first reading to include a definition of the term self-propelled devices. Page 7 of 12 City Council Meeting - 05-07 April 5, 2005 Councilmember Harycki said he still would prefer to give kids an alternative before making such activity illegal. Councilmember Milbrandt pointed out that the Park Board currently is working at getting some type of skate park facility in place by this summer. Mayor Kimble and Councilmember Junker both spoke of the dangerous manner is which some kids skateboard and noted that the intent of the Police Department isn't to arrest or ticket kids for a first offense; warnings will be issued first. Councilmember Junker said he looks forward to the City having a skate park facility. Motion by Councilmember Junker, seconded by Councilmember Milbrandt to adopt Ordinance No. 956, An Ordinance amending Chapter 51, Traffic, Section 51-8, regulating self-propelled devices Ayes: Councilmembers Harycki, Junker, Milbrandt and Mayor Kimble Nays: None Absent: Councilmember Polehna Possible approval to prepare feasibilityreport for Boutwell Road During the afternoon workshop, Public Works Director Eckles explained the reasoning behind the proposal to improve the east portion of Boutwell Road at this time. While the intersection with Myrtle Street will never be ideal, he said the proposed improvements would allow for a trail connection, some intersection improvements, and installation of guardrails, some sewer work and repair of bad portions of the roadway from Myrtle to Creekside. Ordering the feasibility study, he said, is part of the process that will enable the City to assess a portion of the costs to abutting property owners. Motion by Councilmember Milbrandt, seconded by Councilmember Junker to adopt Resolution 2005-76, resolution ordering feasibility report for the Boutwell Road Project (Project 2005-05). Ayes: Councilmembers Harycki, Junker, Milbrandt and Mayor Kimble Nays: None Absent: Councilmember Polehna NEW BUSINESS Possible approval of banner request by OSI Physical Therapy Planner Fitzgerald said the request is to display a 4x8' banner for 60 days in commemoration of the business's 25 years of service. She informed the Council that staff recommends approval. Motion by Councilmember Milbrandt, seconded by Councilmember Harycki, to allow the requested banner to be displayed for 60 days. All in favor. Possible approval of Dock Permit for St. Croix Boat & Packet (Resolution) Page 8 of 12 City Council Meeting - 05-07 April 5, 2005 City Administrator Hansen said the Planning Commission had conducted its annual review and did not recommend any changes to the contract language. He said the Planning Commission commented on St. Croix Boat & Packet's contribution to the local economy. Mr. Hansen said he would recommend that the fees be increased from $1,350 per boat in 2004 to $1,400 per boat this year, a 3.7 percent increase. Motion by Councilmember Milbrandt, seconded by Councilmember Junker, to adopt Resolution 2005-77, approval of 2005 Dock Permit with the recommended increase in fees. Ayes: Councilmembers Harycki, Junker, Milbrandt and Mayor Kimble Nays: None Absent: Councilmember Polehna Park Board recommendation for Stonebridge Playground Equipment This was acted upon following Scott Kneeskern's presentation to the Council. Possible approval of final plat combining parcels of land for clinic development Planner Fitzgerald said Stillwater Clinic has submitted plans to expand west of the existing clinic on Curve Crest Boulevard. Stillwater Clinic owns all three lots. The lots need to be combined so internal lot lines can be removed and setbacks measured from the perimeter of the newly formed parcel. She stated that staff recommends approval. Motion by Councilmember Milbrandt, seconded by Councilmember Harycki, to adopt Resolution 2005-78, Approving final plat for Stillwater Medical Group Clinic development and declaration of restrictive covenants. Ayes: Councilmembers Harycki, Junker, Milbrandt and Mayor Kimble Nays: None Absent: Councilmember Polehna Possible approval of resolution calling for a public hearing for a health care protect pursuant to the Minnesota municipal industrial development act City Administrator Hansen stated the City has been approached by Lakeview Hospital asking that the City act as a conduit issuer of bonds to help finance construction of the Clinic project, a $30-$35 million project. He stated acting as a conduit issuer has no obligation on the part of the City for repayment of the bond and the bond issue does not count against the City's debt limit. Lakeview is required to use the City's bond attorney and pay any and all costs associated with the issuance, even if the bonds are never issued, he said. Page 9 of 12 City Council Meeting - 05-07 April 5, 2005 Motion by Councilmember Milbrandt, seconded by Councilmember Harycki, to adopt Resolution 2005-79, Resolution Calling for a Public Hearing for a Health Care Project Pursuant to the Minnesota Municipal Industrial Development Act. Ayes: Councilmembers Harycki, Junker, Milbrandt and Mayor Kimble Nays: None Absent: Councilmember Polehna Possible approval of feasibility report for Pine Street and calling for hearing on the improvement Public Works Director Eckles noted that while Pine Street was reconstructed in 1995, the portion from Seeley to Olive was not done because it is a concrete section, a section done in 1967. While concrete last longer, he noted it is more expensive to repair. He showed photos of the deterioration of the section that will be repaired. He said there are about 20 properties in the project area. The proposal is to assess the abutting properties at a level similar to those in the Deer Path project area, about $3,500 per lot, half that amount for corner lots. At that rate, assessments would generate $46,000, with the remainder of the $183,000 to be paid with state aid funds. He said staff believes the project to be technically and financially feasible and recommends the report be accepted and hearing ordered. Councilmember Milbrandt stated that he thought the proposal to assess at a rate similar to Deer Path was a reasonable approach. Motion by Councilmember Milbrandt, seconded by Councilmember Junker to adopt Resolution 2005-80, resolution receiving report and calling hearing on Pine Street Concrete Rehabilitation Project (Project 2003-14). Ayes: Councilmembers Harycki, Junker, Milbrandt and Mayor Kimble Nays: None Absent: Councilmember Polehna Possible first readina of an Ordinance No. 957. amendina Chapter 52. Section 52-11. Child Curfew City Attorney Magnuson said the intent is to make the City's ordinance consistent with Washington County's. Motion by Councilmember Junker, seconded by Councilmember Milbrandt, to have the first reading of Ordinance 957, amending Chapter 52, Section 52-11, Child Curfew Ayes: Councilmembers Harycki, Junker, Milbrandt and Mayor Kimble Nays: None Absent: Councilmember Polehna Page 10 of 12 City Council Meeting - 05-07 April 5, 2005 Possible approval of parking kiosk in the South Main Parking Lot City Administrator Hansen said the Downtown Parking Commission recommended construction of the kiosk to protect the machine, which is susceptible to moisture and heat, as well as provide a place for the parking lot attendant. Competitive quotes were received with the low bid of $29,746, plus $1,880 for electrical hookup, by Novak Construction. The intent is to have the kiosk completed by June, he said. Motion by Councilmember Junker, seconded by Councilmember Milbrandt, to approve proceeding with the parking kiosk. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) Mayor Kimble recognized Stillwater Area High School government class students and thanked them for their attendance. COMMUNICATIONS/REQUESTS Mayor Kimble noted the passing of Richard Colemier, member of the Charter Commission, Chamber Ambassador and former Fire Department member. STAFF REPORTS (continued) Fire Chief Glaser reminded residents that the Department of Natural Resources imposed burning restrictions on April 4. Residents with questions can call the Fire Department. He stated that recreational fires are subject to different regulations; information on recreational fires is available on the City's web site. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Harycki, to adjourn at 8:13 p.m. All in favor. ., J im I ayor ATTEST: . ~ ~~a~~ Diane F. Ward, City Clerk Resolution 2005-65, directing payment of bills Resolution 2005-66, approval of License to Use Real Property (Lily Lake Ice Arena) between the City and Washington County for Household Hazardous Waste Day on May 21, 2005 Resolution 2005-67, approval of year-end transactions Page 11 of 12 City Council Meeting - 05-07 April 5, 2005 Resolution 2005-68, approval of agreement to revise legal description of easement Resolution 2005-69, authorizing to receive offers on two pieces of land owned by the City of Stillwater Resolution 2005-70, accepting quotes and awarding contract for Everett Street Lift Station Upgrade Resolution 2005-71, approval of agreement with Regions Hospital for EMS education Resolution 2005-72, approving Fire Relief Association benefit level increases Resolution 2005-73, Resolution Approving a Resubdivision of Lots 7 & 8, Block 7, the Legends of Stillwater 3rd Addition into One Lot of 50,715 Square Feet Located in the LR, Lakeshore Residential District Resolution 2005-74, resolution vacating utility easements Resolution 2005-75, Approval of Preliminary Plat to Subdivide a 67,351 Square Foot Lot into 4 Lots. Lot 1 - 15,105 Square Feet, Lot 2 - 17,014 Square Feet, Lot 3 - 18,200 Square Feet and Lot 4 - 17,122 Square Feet Located at 1030 St Croix Avenue in the RA, Single Family Residential District Resolution 2005-76, resolution ordering feasibility report for the Boutwell Road Project (Project 2005-05) Resolution 2005-77, approval of 2005 Dock Permit Resolution 2005-78, Approving final plat for Stillwater Medical Group Clinic development and declaration of restrictive covenants Resolution 2005-79, Resolution Calling for a Public Hearing for a Health Care Project Pursuant to the Minnesota Municipal Industrial Development Act Resolution 2005-80, resolution receiving report and calling hearing on Pine Street Concrete Rehabilitation Project (Project 2003-14) Ordinance No. 954, an Ordinance Amending Chapter 41, Licenses, Permits and Prohibitions*, Section 41-4 Entitled Peddlers and Solicitors of the City Code of the City of Stillwater Ordinance No. 955, an Ordinance Amending Chapter 43, Liquor. Ordinance No. 956, An Ordinance amending Chapter 51, Traffic, Section 51-8, regulating self-propelled devices Page 12 of 12