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HomeMy WebLinkAbout2005-09-20 CC MINCITY OF STILLWATER CITY COUNCIL MEETING NO. - 05-20 September 20, 2005 REGULAR MEETING Vice Mayor Junker called the meeting to order at 7 p.m. 7:00 P.M. Present: Councilmembers Harycki, Milbrandt, Polehna and Vice Mayor Junker Absent: Mayor Kimble Staff present: City Administrator Hansen City Attorney Magnuson Public Works Director Eckles Assistant City Engineer Shawn Sanders Senior Engineering Technician Tim Moore APPROVAL OF MINUTES Motion by Councilmember Milbrandt, seconded by Councilmember Polehna, moved approval of the September 6, 2005 recessed and regular meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Proclamation: Constitution Week -September 17 - 23, 2005. Motion by Councilmember Milbrandt, seconded by Councilmember Harycki, to proclaim the week of Sept. 17-23, 2005, Constitution Week. All in favor. Vice Mayor Junker read the proclamation designating Sept. 17-23 as Constitution Week. OPEN FORUM No public comments STAFF REPORTS City Administrator Hansen reported that the Association of Minnesota Metropolitan Area Communities would be meeting with Metropolitan Council Chair Peter Bell on Sept. 22. The meeting was to be held at the Maplewood Community Center. Mr. Hansen urged Councilmembers whose schedules permitted to attend. City Clerk Ward reported that the Greater Stillwater Chamber of Commerce had submitted a request to block off a portion of Chestnut Street for a street dance. She said due to the lateness of the request, staff had not had an opportunity to review the request. It was noted the portion of the street where the dance is to be held is closed to traffic due to the lift bridge project. Public Works Director Eckles noted that portion of Chestnut Street is a state highway and the request may need review by MnDOT. Mr. Eckles said he would refer the request to the appropriate state department. Ms. Ward noted that due to the citywide garage sale scheduled for the same day as the street dance, the Chamber will have to provide its own barricades to block off the street. City Council Meeting No. OS-18 September 20, 2005 Motion by Councilmember Harycki, seconded by Councilmember Polehna, to approve the request contingent upon staff review and approval. All in favor. CONSENT AGENDA Motion by Councilmember Milbrandt, seconded by Councilmember Polehna, to approve the consent agenda. Ayes: Councilmembers Harycki, Milbrandt, Polehna and Vice Mayor Junker Nays: None Resolution 2005-204 directing payment of bills Possible approval of temporary liquor license -Valley Chamber Chorale -Historic Courthouse -December 9-11, 2005 Resolution 2005-205, Approving Minnesota Premises Permit for Gambling for American Legion Post 48, located at 103 S. 3rd Street, Stillwater, MN Request to release of capital funds -Library Resolution 2005-206, resolution accepting agreement of assessment and waiver of irregularity and appeal and ordering improvement for 1204 Linden Street W. PUBLIC HEARINGS This is the date and time for the public hearing to consider the Proposed Assessment for Boutwell Road Improvements (Project 2005-05, L.I. 367). Notices were mailed to affected property owners and published in the Stillwater Gazette September 2, 2005. Assistant City Engineer Sanders noted the intent was to do the street improvements from Myrtle Street to Creekside Crossing. Due to time constraints, the project was shortened to Myrtle to Newberry Court. There are seven properties in the project area. Of the $691,000 in the cost for street improvements, it is proposed to assess $35,000 to the properties in the project area; the remainder of the cost is to be paid through MSA funds and City contributions. The proposed assessment is $5,892 per regular lot and $2,900 for corner lots. The interest rate is 5.25 percent over the 10-year period. Vice Mayor Junker opened the public hearing. A letter opposing the proposed assessments from Scott and Lori Allaire, 211 Boutwell Road, was read into the record by Mark Douglass, 221 Boutwell Road which read: Scott and Lori Allaire, the homeowners of 211 Boutwell Rd. wish to speak in regard to the matter of the assessment of the Boutwell Rd. project. We regret not being able to attend due to conflicting work schedules. We feel the assessment of $5892.13, is wrongfully charged for the following reasons: There was a lack of planning by the City of Stillwater before our house was built on the current land. We feel the city was responsible in making sure that this property was carefully thought out and any possible problems assessed before allowing the land to be Page 2 of 10 City Council Meeting No. OS-18 September 20, 2005 sold to individual owners. We have already been charged for creating the city sewer. The price of our lot included the city sewer and water. Lastly, we have to pay to have our driveway removed and redone due to water problems and yard degradation created when the city failed to follow through on the plan to adjoin our driveway with 221 Boutwell. Out of 5 properties in the immediate area of our residence we were the 2nd to build. We were told by our builder that the city informed him that in order to avoid having too many "exits" onto Boutwell Road, due to heavy traffic and high speeds that our driveway would in turn be joined to the driveway of the residence of 221 Boutwell Road, when that property was developed (the current owners, Mark and Eileen Douglass bought their property after it was developed so had no part in how their driveway was constructed}. The builder of 221 Boutwell Road, told us after he had put in the driveway that he had no instructions from the city to join the two driveways. The attached item should clearly show you the plan. Also, please see the attached photos and the "conditions of approval". As a result of this failure our driveway remains extremely narrow and less than ideal for us to get in and out of, especially being truck owners and with snow accumulation in winter on the sides of our driveway. We feel once you have taken the time to read the "conditions of approval" that you will come to the conclusion that many of these conditions were not met. It is because of these issues that we feel the assessment is unfair. The city had every opportunity to develop the road before allowing residents to build. That failure has resulted in money out of our pockets, inconvenience to us and damage to our properties. Mr. Mark Douglass, 221 Boutwell Road North, read the following: Although we anticipate with excitement the improvements to Boutwell Road, we would like to contest the final proposed amount we have been assessed for the current Boutwell Road Project. There are a number of considerations that contribute to our petition to reduce our assessment: It was stated that the improvements to Boutwell Road and services rendered would vary according to placement along the road. Those homes which precede Boutwell Place would not need and therefore would not receive all services. Yet, all are listed in the letter as contributing factors in the proposed charge to the property. For instance, is sanitary sewer actually being installed for the homes being assessed? If not, it seems that the portion of the cost allotted to sanitary sewer, or any other improvement listed that is not received, ought to be eliminated from the overall cost to the homeowners. It was indicated to me by two of Stillwater's City Engineers that there was a drainage plan that had been developed and implemented in our area. Yet, within a week of our moving into our home on Boutwell Road, the neighbor below us, Jim Johnson, was in our yard inspecting the water drainage from our property to his. When he was asked what the problem was, he told us he had complained repeatedly to the city and to the builder regarding the water drainage. He was immediately speaking of lawyers and law suits. Due to rains that summer, we soon had a ravine down our side yard that was thigh deep. The flow which carved the ravine also prompted numerous complaints and accusations of accountability from Mr. Johnson. As was immediately evident to anyone of good faith, the water that was cursing down our yard was from the north and west, from what gathered and flowed along Boutwell Road, and from other neighbors' yards. Our first call to the City was met with the response from City Engineer, Shawn Sanders, There is no water problem along Boutwell Road, I designed it'. He was then invited to stop by Page 3 of 10 City Council Meeting No. OS-18 September 20, 2005 during a heavy rain or after such to see the resulting sand pattern. Being new to the neighborhood and having every desire to keep things harmonious, we consulted with a Contractor to see what we could do to stem the flow of water. Under their advice, we built a two tier retaining wall system which was intended to moderate the flow of water. Within a month the system had failed. It was then modified somewhat to improve on the failings. Much to our dismay and our neighbor's irritation, the next spring, it completely blew out. At that point the contractor insisted that we be responsible for any additional repairs because of "Extreme run off from Boutwell Road North" (See attachment #1). So, at this point we have an irate neighbor, a City which has not even acknowledged there is a water problem and a contractor who has decided that they will no longer insure their work due to the "extreme" nature of the problem, not to mention the liability of a blown out retaining wall on our property. Finally we did receive some relief when Klayton Eckles visited our blown out walls and acknowledged that the drainage plan endorsed by the City of Stillwater's engineers was insufficient and said he would have a curb installed. This did happen within 48 hours and was of help. The problem was not solved though until last year when the City installed a storm sewer system through our yard. This plan put two large catch basins in our yard. (See attachment 4). Unfortunately the expense did not stop there. As a result of the sewer work we lost a 40 foot pine tree and had to pay $300 to take it down and another $75 to have the stump chipped. So, aside from the attorney consultations to determine our liability regarding water flowing through our yard onto the fellow below us, neighborhood unpleasantness, arepeatedly washed out side yard, repeatedly destroyed retaining walls, all the time spent haggling with the City and the contractor, the inconvenience of having installed and having two large catch basins in our yard, and the resulting easements, we have paid over $6,000 (See attachments 3 & 4) to keep our yard viable in the realm of storm sewers issues. Yet now we are being asked to pay an additional $5,892.13 in assessments. We find the request unjust and the additional financial burden difficult and unfair. Although we will particularly enjoy certain aspects of the improvements, the trail is to provide safe access for all and provides us no greater benefit than any other using the trail and therefore an assessment which views it as an improvement particularly for our benefit seems misconstrued. Public Works Director Eckles noted that this issue goes back many years to when a portion of Boutwell Road was in the Township and a portion was in the City; thus road improvements were never done. The concept of the storm water drainage plan, he said, was to have the water flow through individual yards to a wetlands area. He acknowledged that as individual lots were developed, owners did have a problem with storm water drainage. As a result of those problems, the City did a temporary storm sewer project. The current road improvement project, he said, will provide a permanent solution. Vice Mayor Junker suggested the project, which includes both a trail amenity and curb and gutter, will be an asset both to individual homeowners and the City as a whole. He noted that only a very small portion of the cost of the project is being assessed to the property owners. Councilmember Milbrandt agreed that the assessments as proposed are in keeping with comparable projects. Councilmember Harycki asked if homeowners had been assessed earlier for storm sewer, as was suggested in the Allaire letter. Mr. Eckles responded that storm water improvements primarily involved grading of the lots. Page 4 of 10 City Council Meeting No. OS-18 September 20, 2005 Mr. Eckles pointed out the question before the Council is whether the value of the improvements is equal to the amount being assessed. Motion by Councilmember Polehna, seconded by Councilmember Milbrandt, to adopt Resolution 2005-207, resolution adopting assessment for Boutwell Road Improvements (Project 2005-05, L.I. 367). Ayes: Councilmembers Harycki, Milbrandt, Polehna and Vice Mayor Junker Nays: None This is the date and time for the public hearing to consider the Proposed Assessment for Pine Street Concrete Rehabilitation Project (Protect 2003-14, L.I. 366). Notices were mailed to affected property owners and published in the Stillwater Gazette September 2, 2005. Assistant City Engineer Sanders said this portion of Pine Street was constructed in 1967, and no improvements have been done in 30 years. This is a concrete section; the project involves rehabilitation of the existing concrete street. The project was scheduled to begin the week following the Council meeting and take about two weeks to complete. Eighteen properties are in the project area. Of the estimated cost of $183,000, it is proposed to assess $48,263 to property owners. The proposed assessments are $3,575 for regular lots, $1,787 for corner lots. Again the interest is 5.25 percent over the 10 years; there is no interest if the assessment if paid before Nov. 15. Public Works Director Eckles said normally, the practice is not to adopt assessments before the project is done. However, in this instance, the City would have to wait a whole year before assessing the costs, which would result in the City paying interest and adding to the cost of the project. City Administrator Hansen said the alternative to adopting the assessments at this time is for the City to pay a whole year of capitalized interest. Councilmember Harycki asked about the possibility of putting off the adoption of the proposed assessments until the first meeting in October; City Administrator Hansen responded that due to hearing requirements that would be extremely difficult. Vice Mayor Junker opened the public hearing. Lee Wooley, 1920 W. Pine St., expressed a concern about adopting proposed assessments based on estimated costs, suggesting the assessments may exceed actual costs. Sarah Harvieux, 1911 W. Pine St., reiterated a concern expressed in a letter to the Council that the proposed assessment amount does not increase the value of her property in that amount. No other comments were received, and the hearing was closed. Councilmember Harycki reiterated his concern about adopting the proposed assessments before construction even starts. City Attorney Magnuson pointed out that even if the actual cost of the project is 10 percent below the estimate, the actual cost is way beyond what is proposed to be assessed. City Administrator Hansen also referred to the heavy City subsidization of the project. Mr. Eckles said the proposed assessment Page 5 of 10 City Council Meeting No. OS-18 September 20, 2005 for this project is consistent with the Deer Path project assessments, for a street rehabilitation project versus a total reconstruction. Councilmember Polehna and Vice Mayor Junker both pointed out that the Pine Street project is providing concrete which lasts much longer than asphalt. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna, to adopt Resolution 2005-208, resolution adopting assessment for Pine Street Concrete Rehabilitation Project (Project 2003-14, L.I. 366) Ayes: Councilmembers Harycki, Milbrandt, Polehna and Vice Mayor Junker Nays: None This is the date and time for the public hearing to consider the Proposed Assessment for 2005 Street Improvement Project (Project 2005-02 L.I. 365). Notices were mailed to affected property owners and published in the Stillwater Gazette September 2, 2005. Assistant City Engineer Sanders said the 2005 street improvement projects involved portions of South Fifth Street, West Marsh, Hancock and Olive Streets, as well as Deer Path and Deer Path Court. 114 properties are in the project areas, 33 on Deer Path/Deer Path Court and 81 in the remaining sections. Outside the Deer Path area, 28 water services were replaced and a number of clay sanitary sewer lines replaced; cost of water service and sanitary sewer replacement is assessed 100 percent to the property owner. Overall, $585,035 of the $820,000 project costs is proposed to be assessed. Assessments for the Deer Path project area, as proposed, are $4,100 for regular lots, $2,300 for corner lots. For the remainder of the improvement project area, assessments, as proposed, are $5,892 for regular lots, $2,939 per side improved for corner lots. No comments were received at the public hearing. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna, to adopt Resolution 2005-209, resolution adopting assessment for 2005 Street Improvement Project (Project 2005-02, L.I. 365) Ayes: Councilmembers Harycki, Milbrandt, Polehna and Vice Mayor Junker Nays: None Vice Mayor Junker commended the Engineering Department for its work. Councilmember Polehna asked about the traffic calming measures on Deer Path; Mr. Eckles responded that the measures will not be as severe when the final layer of bituminous is added, but the measures do what was intended. UNFINISHED BUSINESS McKusick Lake update Public Works Director Eckles said a meeting had been held with residents regarding the findings of the McKusick Lake study. At the meeting, which is currently being aired on Page 6 of 10 City Council Meeting No. OS-18 September 20, 2005 public access TV, residents wanted to know what the City's next step would be. Residents agreed that weed harvesting was the most appropriate approach. Residents also wanted the City to be prepared to take action next spring, he said. Cost of weed harvesting would be an estimated $8,000 per application. And, he said, residents felt the City should pay for 100 percent of the cost. Residents also asked about along-term plan for action, action such as dredging the lake. Mr. Eckles said staff agrees that harvesting is the best option, but also understands there is an issue with the City's other water bodies. He said doing all lakes and wetlands could cost over $80,000 a season, which, he said, is a policy issue for the Council. Councilmember Milbrandt noted the City is blessed with a number of water bodies, and said it would be wise to develop an ongoing water management plan. The question, he said, is who should pay. He said the City should designate which lakes it wants to maintain on an ongoing basis and a mechanism for cost-sharing, for example designating contributing view sheds. Councilmember Polehna suggested contacting other municipalities with large bodies of water such as Minnetonka, Forest Lake, Eagan and others to see how they pay for water management programs. Motion by Councilmember Harycki, seconded by Councilmember Milbrandt directing staff to look at options and come back with recommendations, cost estimates and funding alternatives, such as assessments and contacting other agencies on their water management programs. Motion passed unanimously. Lonq Lake update Public Works Director Eckles said staff had spent a significant amount of time working on this issue. As directed at the last Council meeting, he said he had contacted the DNR and Brown's Creek Watershed District to see what the City can do regarding the lake elevation within the parameters of the permit. He said he did not receive any definitive answer from the DNR. Brown's Creek Watershed District indicated it is in the process of a major study of Long Lake that will take up to another year to complete and indicated it would not be in favor of any modification to the current structure until the study is completed. The District did indicate it would be open to taking over the operation and maintenance of the facilities that control the lake elevation, he said, and asked the City to define what components it would want the District to assume responsibility for. Mr. Eckles said the City could define the components and pursue that avenue if the Council so desired. He said staff has continued to meet with residents on both sides of the issue. Councilmember Milbrandt suggested having City Attorney Magnuson review the permit to determine what the City can and can't do about any modifications to the current structure. If the City has no authority, he suggested continuing to expend staff time talking with homeowners was like running in a circle. Motion by Councilmember Milbrandt, seconded Councilmember Harycki moved to direct staff to produce the pertinent permit for review by the City Attorney to determine what actions the City can or cannot do. Page 7 of 10 City Council Meeting No. OS-18 September 20, 2005 Prooosal for enaineerina services to study 2nd and Nelson storm sewer failure Public Works Director Eckles said the blacktop in the area of Nelson Alley and South Second Street is under a lot of distress due to underground storm water drainage. He said the City had tried a number of remedies which have failed. He said more engineering is warranted to determine options. An estimate for the additional engineering studies has been received at a cost of $8,600. It was the consensus to obtain other quotes for the engineering services. Motion by Councilmember Polehna, seconded by Councilmember Milbrandt to obtain additional quotes. Motion passed unanimously. Results of bridge closure traffic study Public Works Director Eckles gave a brief overview of the results of traffic volume studies prior to and subsequent to the closure of the lift bridge. The traffic counts were for County and City streets only, not state highways. Overall, there has been a 20 percent reduction in traffic volumes since the bridge closure, larger percents closer to the downtown area. Mr. Eckles concluded that the traffic counts would provide good data for future traffic planning, and he said the state numbers will help flush out the results. Second Street Sewer Pro Public Works Director Eckles asked for Council direction on how to proceed with the repair of the street in the area of the North Second Street sewer project, near Wilkins and Elm streets. Alternatives, he said, include a patch of the street at a cost of about $15,000, or a complete reconstruction of that portion of the street at a cost of about $53,000. Councilmember Harycki said he had talked with five of the seven residents in the area and four of the five said they could live with a patch of the street rather than being assessed for the full reconstruction. Councilmember Harycki also pointed out that the contractor for the sewer project had damaged a sidewalk and wanted to be sure the City did not have to pay for that repair. Motion by Councilmember Polehna, seconded by Councilmember Harycki, moved to proceed with the patching of the street. Motion passed unanimously. NEW BUSINESS Possible first reading of ordinance adopting Park Dedication Policy City Attorney Magnuson said state statute has changed to require that a city's park dedication policy be adopted by ordinance rather than by resolution. The ordinance does reflect the City's new fees, he said. He noted that the ordinance will be changed before the second reading to be consistent to the references to the Park and Recreation Board. Page 8 of 10 City Council Meeting No. OS-18 September 20, 2005 Motion by Councilmember Milbrandt, seconded by Councilmember Polehna, to approve the first reading of the ordinance. Ayes: Councilmembers Harycki, Milbrandt, Polehna and Vice Mayor Junker Nays: None Possible appointment to Heritage Preservation Commission Motion by Councilmember Milbrandt, seconded by Councilmember Harycki, moved to adopt Resolution 2005-210, appointing a member to the Heritage Preservation Commission. Ayes: Councilmembers Harycki, Milbrandt, Polehna and Vice Mayor Junker Nays: None Possible Final approval of agreement between Oak Park Heights, Stillwater and Washington County City Administrator Hansen said the joint powers agreement was approved by the Council in July. Since that time numerous minor changes were made to the language by Oak Park Heights and Washington County. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Resolution 2005-211, approval of the final joint powers agreement with Washington County, Oak Park Heights and the City of Stillwater. Ayes: Councilmembers Harycki, Milbrandt, Polehna and Vice Mayor Junker Nays: None Possible Final adoption of resolution approving detachment of lands from the City of Oak Park Heights City Attorney Magnuson noted the detachment is part of the Joint Powers Agreement above. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Resolution 2005-212, a resolution approving detachment of lands from the City of Oak Park Heights and annexation of same to the City of Stillwater pursuant to agreement. Ayes: Councilmembers Harycki, Milbrandt, Polehna and Vice Mayor Junker Nays: None Council Decision on Selection of Rec Center Snow Removal Contractor Public Works Director Eckles asked for direction on whether to solicit bids for snow removal for the Recreation Center. He said the same contractor has been used for a number of years. The same contractor does the trails to Lily Lake School. The service has been good, but he said others are also interested in submitting proposals for the contract. Vice Mayor Junker said he would hate to lose a contractor that is providing good service. Councilmember Milbrandt said he would have no problem continuing with Page 9 of 10 City Council Meeting No. OS-18 September 20, 2005 the same contractor for this year as it is late in the bidding season for winter work, but said he thought it would be appropriate to solicit bids for 2006. Motion by Councilmember Milbrandt, seconded by Councilmember Harycki to continue with the contractor for 2005 and receive bids early next year. Motion passed unanimously. COUNCIL REQUEST ITEMS Councilmember Harycki asked that staff facilitate the reconvening of the Lumberjack Days Advisory Board to assess actions the City took this year and to follow up on any loose items. Councilmember Milbrandt agreed this would be a good time to assess this year's festival. City Administrator Hansen said he would set up a meeting of the LJD Advisory Board. ADJOURNMENT Motion by Councilmember Harycki, seconded by Councilmember Polehna, to adjourn at 8:52 p. m. ;~ _ David G. J~nker, Vice Mayor ATTEST: I ~~ Diane F. Ward, City Clerk Resolution 2005-204 directing payment of bills Resolution 2005-205, Approving Minnesota Premises Permit for Gambling for American Legion Post 48, located at 103 S. 3~d Street, Stillwater, MN Resolution 2005-206, resolution accepting agreement of assessment and waiver of irregularity and appeal and ordering improvement for 1204 Linden Street W. Resolution 2005-207, resolution adopting assessment for Boutwell Road Improvements (Project 2005-05, L.I. 367) Resolution 2005-208, resolution adopting assessment for Pine Street Concrete Rehabilitation Project (Project 2003-14, L.I. 366) Resolution 2005-209, resolution adopting assessment for 2005 Street Improvement Project (Project 2005-02, L.I. 365) Resolution 2005-210, appointing a member to the Heritage Preservation Commission Resolution 2005-211, approval of the final joint powers agreement with Washington County, Oak Park Heights and the City of Stillwater Resolution 2005-212, a resolution approving detachment of lands from the City of Oak Park Heights and annexation of same to the City of Stillwater pursuant to agreement Page 10 of 10