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HomeMy WebLinkAbout2005-05-03 CC MINCITY OF STILLWATER CITY COUNCIL MEETING NO. 05-10 May 3, 2005 REGULAR MEETING Mayor Kimble called the meeting to order at 4:30 p.m. Present: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Absent: None Staff present: City Administrator Hansen City Attorney Magnuson Police Chief Dauffenbach Fire Chief Glaser Public Works Director Eckles Community Development Director Russell Finance Director Harrison Director of Administration Knauss City Clerk Ward OTHER BUSINESS Library Project Update 4:30 P.M. Mr. Bill Hickey provided Council with an update on the library project by stating that they have secured the lease in the Valley Ridge Mall and will be moving June 15th. He said that the groundbreaking for the library project would be prior to June 15th. He also stated that they are currently working with the engineering and water departments to possibly replace an existing 125-year-old water main. Discussion on National Guard Training Center Community Development Director Russell reviewed the history of the City's work with the National Guard for a shared use National Guard Training Center/Community Facility. Because of 9-11, the construction standards for the National Guard facilities has been changed. The Mayor and staff met with Major Jeff Turner and National Guard Facilities Management Officer Tom Visely, it was unsure that the 1990's master plan would accommodate the new protection standards. Mr. Duane Kell, provided information to the Council that the site would work for a shared use with the National Guard and reviewed the findings of the St. Croix Valley Sports Complex National Guard Armory Site Study. He reviewed the construction costs that would amount to the City's share being $11,240,000 which would include an aquatics center. City Council Meeting - 05-10 May 3, 2005 Major Turner explained that the proposed location was a viable site and that there would be two units housed at the armory with a total of 214 soldiers. He explained the process for the site to be included in the 2012-2013 budget, that any request would have to be submitted no later than October 2005 to be put in their 2006 planning documents for 2012-2013. Update on fire service for the City of Grant Fire Chief Glaser provided information that the City of Grant has voted to change the fire service boundaries and that the City of Mahtomedi Fire Department would respond to calls in the City of Grant. He stated that this would be an approximate 26% reduction in revenue that the City currently receives for fire protection services. Mr. Glaser stated that no official information has been received from the City of Grant and that any changes will require notification to Washington County for the 911 systems, which would take some time. City Administrator Hansen stated that the City of Grant has not paid their second half for last year's fire services. Council consensus to direct City Administrator Hansen to send a letter to the City of Grant and if payment was not received to implement other actions. STAFF REPORTS Fire Chief Glaser provided the Council with an update on the fire services study and said that the study would probably be before Council late June or early July. Public Works Director Eckles provided an update on the South Main Street parking project, which should be done within the next couple of weeks. He also said that the 2005 Street Project would probably start in a couple of weeks. Councilmember Polehna commended the department on the Open House held for the street project. Mr. Eckles updated the Council on the Open House. Councilmember Junker asked if the Public Works Department could grade and bring in gravel where the tracks were removed. Mr. Eckles stated that he would look into it. City Attorney Magnuson explained a development agreement subordination with Territorial Springs, LLC. He stated that Territorial Springs, LLC would like to convey a portion of the redevelopment property to Territorial Springs Riverview LLC. He said there is no risk to the City and that the development agreement remains in tact, however in order to proceed, City Council approval is required. Motion by Councilmember Junker, seconded by Councilmember Polehna to consent to the transfer and adopt Resolution 2005-97, approving development agreement subordination related to Terra Springs, subject to City Attorney Magnuson's approval of the documents. Page 2 of 11 City Council Meeting - 05-10 May 3, 2005 Ayes: Councilmembers Polehna, Milbrandt, Harycki, Junker and Mayor Kimble Nays: None City Administrator Hansen reviewed letters from Congressman Kennedy, Congressman Kind, and Wisconsin Department of Transportation relating to the federal funding for the St. Croix River Bridge. He also stated that the Regional Council of Mayors is requesting that cities adopt a resolution to let the legislators know that transit and road resources must be increased this year. Motion by Councilmember Milbrandt, seconded by Councilmember Harycki to adopt Resolution 2005-98, relating to the Regional Council of Mayors transportation issue statement. Ayes: Councilmembers Polehna, Milbrandt, Harycki, Junker and Mayor Kimble Nays: None Councilmember Milbrandt stated as a result of the armory discussion he felt that a survey should be done. Council consensus was to survey the community as to what facilities they would like to see at this center since the 1990's the use may want to be changed. Motion by Councilmember Milbrandt, seconded by Councilmember Harycki directing staff to investigate the preparation of a survey for community input. All in favor. Councilmember Polehna stated that he will need information to give the task force relating to the community center with the YMCA. Councilmember Junker stated that the Council should hear information from the task force. Mr. Polehna stated that he would get the information for the Council. Mayor Kimble recessed the meeting at 5:50 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 Absent: None ~~ Staff present: City Administrator Hansen City Attorney Magnuson Police Chief Dauffenbach Fire Chief Glaser Public Works Director Eckles Community Development Director Russell Finance Director Harrison Page 3 of 11 City Council Meeting - 05-10 May 3, 2005 Director of Administration Knauss City Clerk Ward APPROVAL OF MINUTES Motion by Councilmember Junker, seconded by Councilmember Milbrandt to approve the April 19, 2005 regular meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Mr. Jack Buxell presented a video of Business Journal Award for the Terra Springs project and provided Council with an update on the project. OPEN FORUM There were no public comments. CONSENT AGENDA Motion by Councilmember Milbrandt, seconded by Councilmember Junker to approve the Consent Agenda. Ayes: Councilmembers Polehna, Milbrandt, Harycki, Junker and Mayor Kimble Nays: None Resolution 2005-93, directing payment of bills Possible approval of Special Event at St. Paul's Lutheran Church -May 15, 2005 Possible approval of Special Event for Final Stretch, Inc. -Running Event -August 13, 2005 Possible approval of purchase of an ID Printer and supplies Possible approval of banner installation -Lumberjack Days -July 1-25, 2005 Possible approval of banner installation -Wild Rice Festival -August 19 -September 11, 2005 Resolution 2005-94, approval of municipal license -Jeffrey & Kathryn Anderson (Lots 8, 9, 10, Block 31, original Town of Stillwater) Possible approval of waiver of garbage collection charges Approval to purchase lawn sweeper -Parks Possible approval to purchase rental skates -Recreation Center Possible approval of temporary liquor license to dispense 3.2 percent malt liquor - St. Mary's Church -Wild Rice Festival Resolution 2005-95, resolution relating to financing of certain proposed projects to be undertaken by the City Of Stillwater; establishing compliance with reimbursement bond regulations under the Internal Revenue Code Resolution 2005-96, resolution approving amendment to Section 8-4 of the Personnel Policy Page 4 of 11 City Council Meeting - 05-10 May 3, 2005 PUBLIC HEARINGS This is the date and time for a public hearing to consider a new On-Sale liquor license for Marx Wine Bar & Grill at 241 South Main Street, applicant Mark Hanson. Mayor Kimble reviewed the City Clerk's memo relating to the upgrading to a On-Sale liquor license for Marx Wine Bar & Grill. Mayor Kimble opened the public hearing. There were no public comments. Mayor Kimble closed the public hearing. Motion by Councilmember Junker, seconded by Councilmember Harycki to adopt Resolution 2005-99, approving on-sale liquor license for B.A. Mensch, Inc., DBA: Marx Wine Bar & Grill subject to approval by Police, Fire, Building Inspection, Finance Departments and Minnesota Liquor Control. Ayes: Councilmembers Polehna, Milbrandt, Harycki, Junker and Mayor Kimble Nays: None This is the date and time for a public hearing to consider the proposal of Stillwater Medical Group a Minnesota nonprofit corporation (the "Company") that the City assist in financing a project hereinafter described pursuant to Minnesota Statutes, Sections 469.152 to 469.1651, by the issuance of revenue bonds of the City. Ms. Mary Ipple, Briggs & Morgan, reviewed the proposal of Stillwater Medical Group to have the City issue conduit bonds. The issuance of these bonds would not provide a risk to the City. She stated that there is an amendment to the resolution that "Stillwater Medical Group" should be changed to "Stillwater Health System." She said that since the publication of the hearing notice that she has been notified that the scope of the project is to include an expansion of 15,000 square feet to the hospital, therefore another public hearing is scheduled for May 17, 2005. Mayor Kimble opened the public hearing. There were no public comments. Mayor Kimble closed the public hearing. Councilmember Milbrandt expressed concern that the hearing notice may reflect the City's approval of the expansion, which has not been approved. Ms. Ipple said that the resolution only allows for the release of funds and does not approve land use or zoning approvals from the City. Motion by Councilmember Polehna, seconded by Councilmember Harycki to adopt Resolution 2005-100, resolution reciting a proposal for a revenue project giving preliminary approval to the project pursuant to the Minnesota Municipal Industrial Development Act authorizing the submission of an application for approval of said project to the Minnesota Page 5 of 11 City Council Meeting - 05-10 May 3, 2005 Department of Employment and Economic Development and authorizing the preparation of necessary documents and materials in connection with said project (Stillwater Health System project). Ayes: Councilmembers Polehna, Milbrandt, Harycki, Junker and Mayor Kimble Nays: None This is the date and time for a public hearing to consider the rehabilitation of street, curb and autter. and sidewalk improvements for Pine Street. Assistant City Engineer Sanders reviewed the feasibility report for the Pine Street Concrete Rehabilitation Project. He said that this project would rehabilitate the existing concrete surface on Pine Street from Stillwater Boulevard to Seeley Street. Work includes crack and joint repair, panel replacement, sidewalk and driveway replacement. The cost of the project is estimated at $183,656.90. The proposed assessment rate is $3575.06 and $1787.53 for an interior lot and corner lot respectively. The assessment total would be $46,475.78, the Municipal State Aid Funds would pay the remaining share of the costs. Mayor Kimble opened the public hearing. Richard Mayer, 1903 W. Pine, asked if this project is patch work would people who have done their own cement work have to have it torn up. Mr. Sanders stated that some cement panels, curb and driveway aprons would be replaced only if it is needed. He asked about parking while the project is being done. Mr. Sanders indicated that parking should be available at night. He asked why this street would be rehabilitated when there are other streets in worse shape. Mr. Eckles provided information relating to the cost because it is cement and that because it is a MSA street funding for this project subsidizes the project, which pays for the extra cost. He explained that there will be an assessment hearing in the fall. Mr. Mayer asked if the driveway apron would go back as far as the water shutoff. Mr. Sanders stated that for the driveway aprons they would be going back to the first joint making it all one piece with the curb. Mr. Mayer asked how would his lot be assessed because there is an unimproved street next to his lot. Mr. Eckles said they would probably consider it a full assessment because it is highly unlikely that the street would ever be improved. He also said that these types of questions would have to be carefully looked at prior to the assessment hearing in the fall. Kristina Torma, 1814 W. Pine, asked for clarification regarding the curbs and driveway aprons. Mr. Sanders stated that all of the driveway aprons would be replaced and some of the damaged curbs. Lloyd Potter, 1904 W. Pine, stated that his property is an interior lot abutting a vacated street and asked if he would be assessed as a corner lot. Mr. Sanders Page 6 of 11 City Council Meeting - 05-10 May 3, 2005 stated that he would be assessed as an interior lot with the full assessment of approximately $3500 because the street was vacated and he owns that property. Donald Junker, 1717 W. Pine, stated that his address is on Pine but cannot access his property on Pine. He asked what his assessment would be. Mr. Sanders explained that only one side of his property is being improved so he would be assessed for that side and once Pine Tree Trail is improved he would be assessed for property on the Pine Tree Trail side, therefore Mr. Junker's assessment would be half. Mr. Junker asked about access to Pine Tree Trail. Mr. Sanders said that the work will be east of Pine Tree Trail and that access should be provided for Pine Tree Trail. Jeffrey Kuker, 1910 W. Pine, said that he currently has a one car apron and has a two car driveway and asked if he would get a two car apron. Mr. Sanders responded that they would look into putting in a two car apron. Mr. Kuker also asked about the life of the project. Mr. Eckles explained that it is expected to get 20 year life of the street. Mayor Kimble closed the public hearing. Councilmember Harycki asked if a credit would be given for good concrete that was put in by an abutting property owner not to long ago. He stated that the property in question was the 2"d property from Highway 5 on the north side. Mr. Eckles stated that it is going to be assessed as a per unit basis and that they could look into that and discuss it with the property owner. Councilmember Junker stated with 70% being funded from other sources and 30% being assessed to the abutting property he felt that this is a great way to get the street improved and that the project should move forward. Motion by Councilmember Miblrandt, seconded by Councilmember Junker to adopt Resolution 2005-101, ordering improvement and preparation plans & specifications for the Pine Street Concrete Rehabilitation Project (Project 2003-14). Ayes: Councilmembers Polehna, Milbrandt, Harycki, Junker and Mayor Kimble Nays: None This is the date and time for a public hearing to consider the making of street, trail, water, storm and sanitary sewer improvements for Boutwell Road from Myrtle Street (C.S.A.H. 12) to Creekside Crossing. Assistant City Engineer Sanders said that the project would reconstruct Boutwell Road from Myrtle Street to Creekside Crossing to an urban section with curb and gutter, storm sewer and bituminous trail. Sanitary sewer and water main would also be installed for future developable areas. The cost of the project including sewer and water main is $2,084,184. The street improvements amount is $1,245,000. It is proposed to assess Page 7 of 11 City Council Meeting - 05-10 May 3, 2005 seven properties along Boutwell Road at a rate of $5,892.13 per lot, which would generate $35,454.78 in assessments toward the street cost and Municipal State Aid Funds would pay the remaining share of the street cost. Patty Ackborn, 7940 Neal Avenue N. said that she didn't receive a notice and she lives at the corner of Boutwell and Neil. She asked what the width of Boutwell would be and where would the work be done because she is concerned about losing property. Mr. Sanders stated that the work would be done in the 66 feet of right-of-way. Ms. Ackborn felt a trail on Boutwell was a good idea and asked if there would be trail on two sides of her property. Mr. Eckles explained that Neal Avenue is on the Comprehensive Trail Plan, however it wouldn't be done until a street project is done in the area and we don't know where the trail would be at this time. Ms. Ackborn asked if sewer and water would be brought into Neal. Mr. Sanders stated that stubs to Neal Avenue will be done from Boutwell at this time. Mr. Eckles explained that she probably would be served from Boutwell and that when a street project is done on Neal is the time that utilities would have to be considered. She asked about $15,000 per acre trunk utility charge. Mr. Eckles stated that the $15,000 would be done when subdivided and that the SAC and WAC charges would be additional. William Lecuyer, 341 Boutwell Place, asked if the sewer would be extended from Creekside and stopped and started from Boutwell Place. Mr. Sanders stated that the sewer would be extended to Newberry and stopped, then from Boutwell Place it would be extended to the west. Mr. Lecuyer asked about the right of way of Neal Avenue. Mr. Sanders explained that there is a lot of right-of-way on the west side. Mayor Kimble closed the public hearing. Councilmember Junker felt that this project was a key project to move forward as it relates to future development and traffic in the area. Councilmember Milbrandt asked that the engineering department be creative with the intersection of CR 12 and Boutwell. Motion by Councilmember Junker, seconded by Councilmember Milbrandt to adopt Resolution 2005-102, ordering improvement and preparation of plans & specifications for the Boutwell Road Improvement Project (Project 20005-05) UNFINISHED BUSINESS Discussion on 5th Street Sidewalks Public Works Director Eckles reviewed the sidewalk issue on 5th Street. Councilmember Junker commended Mr. Eckles, Mr. Sanders, and Mr. Tim Moore for staking where the proposed sidewalk would be. He said that he met with the affected property owners and thanked them for their input. He said that even though he is a Page 8 of 11 City Council Meeting - 05-10 May 3, 2005 proponent of sidewalks, he felt that if the residents didn't want it that he could not support sidewalks on 5th Street. Councilmember Polehna concurred with Councilmember Junker and stated that he could not support the sidewalks on 5th Street. Motion by Councilmember Har~cki, seconded by Councilmember Junker to proceed with the project without sidewalks on 5t Street. Ayes: Councilmembers Polehna, Harycki, Junker and Mayor Kimble Nays: Councilmember Milbrandt NEW BUSINESS Possible approval of Special Event Request for Freight House - "Rumble on the Deck" City Administrator Hansen reviewed the special event request for the Freight House's Rumble on the Deck. He said that the request was referred to the Downtown Parking Commission for their recommendation. They recommended approval to the Council subject to the Freight House paying $300 for the use of the parking lot and that they sweep the parking lot and respective area after the event and provide a certificate of insurance indicating the City as an additional insured. Police Chief Dauffenbach said that this event has not posed a problem in the past. Mr. John Daley indicated that the conditions were acceptable to the Freight House. Motion by Councilmember Junker, seconded by Councilmember Harycki to approve the Special Event Request - "Rumble on the Deck" subject to the Freight House paying $300 for the use of the parking lot, sweeping the parking lot and respective area after the event and providing a certificate of insurance indicating the City as an additional insured. All in favor. Possible Final Plat approval for Meadow View Ridge Case No. SUB-F/05-24 Community Development Director Russell reviewed the final plat request for a four lot subdivision at 1030 St. Croix Avenue. He said that the preliminary plat for the subdivision was approved April 5, 2005 and that the final plat is consistent with the prelimary plat as conditioned and approved by the City Engineer. He stated that the park dedication would be $3,800. Motion by Councilmember Milbrandt, seconded by Councilmember Junker to adopt Resolution 2005-103, approving final plat for Meadow View Ridge. Page 9 of 11 City Council Meeting - 05-10 May 3, 2005 Ayes: Councilmembers Polehna, Milbrandt, Harycki, Junker and Mayor Kimble Nays: None Consideration of Park Naming Policy Community Development Director Russell reviewed a park naming policy that was approved by the Park & Recreation Board at their April 25, 2005 meeting. Mayor Kimble felt that the requirement of deceased over 25 years was unreasonable. Councilmember Junker suggested that the language be changed to significant contribution/services to the City and take out the word deceased. Motion by Councilmember Junker, seconded by Councilmember Polehna to adopt Resolution 2005-104, adopting policy for the naming of City owned parks and trails with the suggested language change. Ayes: Councilmembers Polehna, Milbrandt, Harycki, Junker and Mayor Kimble Nays: None Consideration of Parks Rededication Fee Increase Community Development Director Russell reviewed the park dedication fees and said that the City's fees are too low compared to other communities in the area and the Park and Recreation Board recommends raising the in lieu feet from $500-$725 to $2000 per residential unit. Motion by Councilmember Polehna, seconded by Councilmember Harycki to adopt Resolution 2005-105, amending the Park Dedication Policy. Ayes: Councilmembers Polehna, Milbrandt, Harycki, Junker and Mayor Kimble Nays: None COUNCIL REQUEST ITEMS Councilmember Harycki requested that the City Attorney provide an opinion on Minnesota Statute 435.202 & 435.203 relating to the refunding of assessments. Councilmember Junker requested that Council consider providing upscale portable restrooms in the downtown. Councilmember Milbrandt suggested that this item be brought up at the Chamber meeting next week. Page 10 of 11 City Council Meeting - 05-10 ADJOURNMENT May 3, 2005 Motion by Councilmember Polehna, seconded by Councilmember Junker to adjourn the meeting at 8:39 p.m. All in favor. ATTEST: Diane F. Ward, City Clerk f J i e, May r ti Resolution 2005-93, directing payment of bills Resolution 2005-94, approval of municipal license -Jeffrey & Kathryn Anderson (Lots 8, 9, 10, Block 31, original Town of Stillwater) Resolution 2005-95, resolution relating to financing of certain proposed projects to be undertaken by the City Of Stillwater; establishing compliance with reimbursement bond regulations under the Internal Revenue Code Resolution 2005-96, resolution approving amendment to Section 8-4 of the Personnel Policy Resolution 2005-97, approving development agreement subordination related to Terra Springs Resolution 2005-98, relating to the Regional Council of Mayors transportation issue statement Resolution 2005-99, approving on-sale liquor license for B.A. Mensch, Inc., DBA: Marx Wine Bar & Grill Resolution 2005-100, resolution reciting a proposal for a revenue project giving preliminary approval to the project pursuant to the Minnesota Municipal Industrial Development Act authorizing the submission of an application for approval of said project to the Minnesota Department of Employment and Economic Development and authorizing the preparation of necessary documents and materials in connection with said project (Stillwater Health System project). Resolution 2005-101, ordering improvement and preparation plans & specifications for the Pine Street Concrete Rehabilitation Project (Project 2003-14) Resolution 2005-102, ordering improvement and preparation of plans & specifications for the Boutwell Road Improvement Project (Project 20005-05) Resolution 2005-103, approving final plat for Meadow View Ridge Resolution 2005-104, adopting policy for the naming of City owned parks and trails with the suggested language change Resolution 2005-105, amending the Park Dedication Policy Page 11 of 11