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HomeMy WebLinkAbout2005-06-21 CC MINCITY OF STILLWATER CITY COUNCIL MEETING NO. 05-13 June 21, 2005 SPECIAL MEETING 4:30 P.M. Vice Mayor David Junker called the meeting to order at 4:30 p.m. Present: Councilmembers Harycki, Junker, Milbrandt and Polehna Absent: Mayor Kimble Staff present: City Administrator Hansen City Attorney Magnuson Police Chief Dauffenbach Fire Chief Glaser Public Works Director Eckles City Clerk Ward OTHER BUSINESS Discussion of Development Impact Fees Public Works Director Eckles outlined options to deal with an anticipated shortfall in the City's transportation funding. The Boutwell area transportation study, he noted, identified a number of development-related traffic problems and possible solutions, but no funding source to implement the improvements. Mr. Eckles provided a list of projects both in the expansion area and the "old city" scheduled through the year 2012. He said unless the City changes its policy or finds another source of funding; the City faces an estimated shortfall of $6.9 million for identified road improvement projects in the expansion area. In the past a major source of funding for street improvement projects has been Municipal State Aid money. However, he noted that even if the City obligated all of its state aid money to projects in the "old city," state aid funding would be inadequate to accomplish all projects in the planned timeframe. If the City does not find another source of funding, he said projects could be delayed for as much as 20 years beyond the year 2012. Mr. Eckles outlined four options for dealing with the shortfall: use the current method of charging developers for the direct costs of street improvements related to development; using new statutory authority to assess Township properties; raising general revenues through taxes; or implementing a transportation area fee. The city of Rochester charges a fee to developers who want to come into the City "early." The city of Maple Grove assesses all of the costs of development to the developer. Maple Grove installs utilities, streets and storm sewer, acquires right-of-way and then assesses the costs against the developers. City Council Meeting - 05-13 June 21, 2005 Mr. Eckles said staff, including Attorney Magnuson, had meet with representatives of the Builders Association of the Twin Cities as well as several builders, including US Homes, which has several projects in the Stillwater expansion area. He said while there were some concerns such as using the transportation fee to generate revenue for other uses and consistency in assessing such a fee, the builder representatives did not see the City's possible transportation fee of $13,600 per acre as being insurmountable. Also, he said the builder representatives were supportive of the Maple Grove approach, rather than the city of Rochester's. Councilmember Junker noted the potential fee for US Homes' development of the Palmer property is $1.6 million, and he questioned the timing involved with implementing a fee. Attorney Magnuson noted the Palmer property is not yet in the City. According to state statute, a policy change could not be implemented for one year after preliminary plat approval or two years after final plan approval. Mr. Magnuson said US Homes was at the meeting and is aware of the possibility of the City implementing a transportation fee; however, he suggested the developer be involved in the process right away. Mr. Hansen said staff strongly believes the City should establish a transportation fee, but hasn't decided on what model - Rochester or Maple Grove - might be most appropriate. Mr. Hansen suggested that staff could come back with a recommendation regarding a preferred model, perhaps by the next Council meeting, so a fee could be implemented in a relatively short time. During discussion, Mr. Milbrandt said he was not enamored of the "early entry" concept, noting the City has an Orderly Annexation agreement and he would not want to destroy that. Administrator Hansen said the fee could be tailored to fit Stillwater's needs and agreed that any fee should not appear to be an early entry fee - buying a way into the City. Motion by Councilmember Milbrandt, seconded by Councilmember Harycki, to direct staff to further investigate Option 4, the transportation fee, and make a recommendation regarding a preferred model at the July 5 Council meeting. All in favor. Discussion of Sewer and Water connection requirements City Administrator Hansen presented a possible policy related to requiring sewer/water connections and a minimum fee charge for non-connection. Mr. Hansen noted this issue is related to the North Hill improvement project and taking some action to lessen the cost impact of assessments to residents in the North Hill project area. Mr. Hansen noted the Council had given residents in the South Hill project area until 2010 to connect; it was staff's recommendation that the 2010 requirement be kept in place for the North Hill, giving residents an additional five years before hookup is mandatory. Mr. Hansen said it also is recommended that the minimum charge of $13 per month for non-hookup be kept in place. He said he would recommend that the current variance process be kept in place for cases of hardship, and in cases of extreme hardship, the City could offer low interest loans to assist property owners in paying for hookup. Page 2 of 10 City Council Meeting - 05-13 June 21, 2005 Councilmember Junker noted that South Hill residents were given 15 years before hookup was mandatory, but said he thought most residents in that project area were now connected to City services. Councilmember Harycki suggested that connections would occur naturally due to the turnover of properties in the project area. Councilmember Milbrandt suggested giving the North Hill residents an additional five years, 10 years as opposed to the 2010 as recommended, but not 15 years. Councilmember Harycki spoke in favor of treating both "hills" the same and also spoke in favor of waiting until after the mandatory hookup date to impose the minimum fee. Mr. Harycki asked if there was a minimum fee charged to South Hill residents. Mr. Eckles noted the minimum fee was added after the South Hill project as a way of encouraging hookup. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Resolution 2005-139, setting sanitary sewer fees for North Hill and extend mandatory hookups and that the hookup is extended to 10 years, as opposed to the five years recommended, and to have all households in the project area subject to the minimum monthly rate. Ayes: Councilmember Polehna, Milbrandt, and Junker Nays: Councilmember Harycki Absent: Mayor Kimble Motion by Councilmember Milbrandt, seconded by Councilmember Harycki, to adjourn at 5:25 p.m. All in favor. REGULAR MEETING Mayor Kimble called the meeting to order at 7 p.m. 7:00 P.M. Present: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Staff present: City Administrator Hansen City Attorney Magnuson Police Chief Dauffenbach Fire Chief Glaser Public Works Director Eckles City Clerk Ward PLEDGE OF ALLEGIANCE -Observance of 4th of July Julie Kink, representative of the Veterans Memorial Committee, led the Pledge of Allegiance in observance of the Fourth of July. APPROVAL OF MINUTES Motion by Councilmember Junker, seconded by Councilmember Milbrandt, moved approval of the June 7, 2005, recessed and regular meeting minutes; motion passed unanimously. Page 3 of 10 City Council Meeting - 05-13 June 21, 2005 PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Proposal from the Chamber of Commerce Joci Tilsen and Gail Pundsack, members of the Greater Stillwater Area Chamber of Commerce, addressed the Council. Ms. Tilsen introduced Colleen Eddy, interim Chamber manager. Council members welcomed Ms. Eddy to her new position. Ms. Tilsen and Ms. Pundsack presented a proposal from the Chamber. Ms. Pundsack noted the upcoming temporary closing of the lift bridge offers a unique opportunity to see what downtown might be like when, if, a new river crossing is constructed. She said the Chamber would like to take advantage of the opportunity to study the impact of the bridge closing and see what might be done in the future to keep the downtown a healthy, viable economic entity. Ms. Pundsack said the Chamber is hoping the Council will allow City staff, the Heritage Preservation Commission, and certain volunteers to work with the Chamber and conduct a workshop to develop designs/concepts to use in the downtown during the temporary closure -three to six months -and concepts that might be applicable to the future when the new bridge is completed. She said any concepts developed during the workshop would go back to the Heritage Preservation Commission and the City Council prior to implementation. Councilmember Harycki suggested this request was an extension of the Council's direction that the Heritage Preservation Commission work with the Chamber to get input on the revised downtown Design Manual. Councilmember Harycki noted that he also would like to be involved, as much of Ward 2 is located in the downtown district. Motion by Councilmember Junker, seconded by Councilmember Harycki to appoint Councilmember Milbrandt to work with the Chamber to look at possible concepts/enhancements in the downtown during the bridge closure and bring recommendations back to the Council for possible implementation. All in favor. OPEN FORUM Mayor Kimble acknowledged the receipt of a poster made by Stonebridge Elementary School students thanking the City and its residents for the City's contribution to the school's new playground. STAFF REPORTS Police Chief Dauffenbach said his department had received a request from Bob Sherlock, 1918 N. First St., to park a semi in front of his house fora 24-hour period in order to facilitate his moving from the residence. Chief Dauffenbach told the Council there is no public safety reason to deny the request. Councilmember Harycki, seconded Page 4 of 10 City Council Meeting - 05-13 June 21, 2005 by Councilmember Junker, moved to grant the request to have the semi parked at the Sherlock residence fora 24-hour period. Motion passed unanimously. Fire Chief Glaser gave an update on planning for Lumberjack Days. He said the Fire and Police departments had been working with St. Croix Events on the site plan which provides for more emergency exits, additional staffing at gates, and safety devices for the floating stage. Also, he said, the layout for the food vendors meets all fire codes. He said he was comfortable with the progress made to date. Public Works Director Eckles gave a brief update on the status of current projects. The North Hill project is essentially complete, he said. The South Hill project is well under way. He noted the South Hill project contractor had opened more streets than the City would like, which has created some problems, especially after the recent rains. He said staff is working hard with the contractor to get things tightened up and some good progress has been made. CONSENT AGENDA* Motion by Councilmember Milbrandt, seconded by Councilmember Polehna, to approve the consent agenda. Ayes: ~ Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Resolution 2005-135, directing payment of bills Resolution 2005-136, Approving regular, full-time employment of Sharon Harrison as Finance Director Possible approval of special event and closure of street -Christine Herman & Robert Knapp Acceptance of Board of Water Commissioner's Financial Statement for period ending December 31, 2004 Possible approval of permit to sell 3.2 malt liquor -Ball Tournament -July 22 - 24, 2005 Resolution 2005-137, Resolution Designating the National Incident Management System (NIMS) as the basis for all Incident Management in the City of Stillwater Possible approval of use of Veterans Memorial & Riverview Parking Lot -Veterans Memorial -July 24, 2005. Possible approval of installation of banner - St. Michael's Church -Merry Mall - October 21 -November 13, 2005 Possible approval to purchase security camera - St. Croix Valley Recreation Center Resolution 2005-138, approval of Change Order #1 for the 2005 Street Improvement Project (Project 2005-02) Possible approval for Fireworks Permit -Cub Foods (outside sales -approved by PC) Possible approval of Special Event -Neighborhood parade/picnic -closure of street - North 3~d Street Neighborhood Page 5 of 10 City Council Meeting - 05-13 June 21, 2005 PUBLIC HEARINGS There were no public hearings. UNFINISHED BUSINESS Possible second reading of Ordinance No. 960, relating to 2:00 a.m. closing on Sunday night/Monday morning City Attorney Magnuson said the Ordinance permits 2 a.m. closing on Sundays that are followed by a Monday national holiday. Councilmember Junker asked if the national holidays would be designated; Mr. Magnuson responded in the affirmative. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna, adopting Ordinance No. 960, an ordinance amending Chapter 43 of the Stillwater City Code "Liquor License". Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Discussion on the fence requirement for pools Mayor Kimble said additional information has been obtained since this matter was last discussed. First, he said, there are many providers of pool safety covers. Attorney Magnuson said he had contacted the League of Minnesota Cities Insurance Trust. The League said there are no state statutes requiring pool fences. The League informed him that requiring or not requiring fencing does not affect the City's liability or its premium. Liability issues regarding pools are civil issues between private parties. However, he said, the League pointed out that a city's paramount moral concern is the safety of the public. From a purely liability standpoint, City Attorney Magnuson said requiring or not requiring pool fences will not have any affect on the City. Mayor Kimble suggested this is a private matter. He pointed out that most pool drownings involve persons from the pool owner's own household, not unattended children wandering into a neighbor's yard. He pointed out the City doesn't fence storm water detentions ponds, lakes or rivers. He also said he had been unable to find any report of a child drowning in a private pool in Washington County other than a case that occurred many years ago when a grandchild of the pool owner wandered out of the house and drowned. Councilmember Polehna said he was aware of an instance where the City of St. Paul was involved in a lawsuit because an individual climbed a fence around a city pool and drowned. After additional discussion, Councilmember Milbrandt called the question. It was clarified that the Ordinance requires that all swimming pools must be provided with safeguards to prevent children from gaining uncontrolled access. Such safeguards can Page 6 of 10 City Council Meeting - 05-13 June 21, 2005 be a cover, fencing, screening or other enclosure of sufficient density and strength as to be impenetrable. Motion by Councilmember Harycki, seconded by Councilmember Polehna to adopt Ordinance No. 961, an ordinance amending the Stillwater City Code; construction of swimming pools; fence regulations allowing the use of fencing or an impenetrable pool cover. Ayes: Councilmembers Harycki, Polehna and Mayor Kimble Nays: Councilmembers Junker and Milbrandt Possible approval of Findings of Fact for the application of Jon & Danette Mulack Case No. V/05-17 Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt Resolution 2005 140, Approval of Resolution Adopting Findings of Fact, Conclusions and Order Related to the Denial of a Variance to the Lot Size Regulations (7,500 SQ. FT. Required, 6447.5 SQ. FT. Requested) for the Construction of a Residence Located at 213 Greeley Street North in the RB, Two Family Residential District. Case No. SUB/V/05-17. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Possible approval of Findings of Fact for the application of Anthony Kerschbaum, Case No. V/05-11 Motion by Councilmember Polehna, seconded by Councilmember Milbrandt, to adopt Resolution 2005-141, Approval of Resolution Adopting Findings of Fact, Conclusions and Order Related to the Approval of a Variance to the Lot Size Regulations (20,000 SQ. FT.) Required, 13,500 SQ.FT. Requested) for the Construction of a Residence Located at 2015 Lake Street in the RB, Single Family Residential District. Case No. SUB/V/05-11. City Attorney Magnuson suggested including forwarding the findings to the DNR, as required by state law, as part of the motion. Councilmember Polehna agreed to so amend his motion; Councilmember Milbrandt also accepted the amendment. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None NEW BUSINESS Possible first reading of ordinance amending the Cit~Code relating to fees stated in the City Code. City Administrator Hansen said the ordinance, prepared by City Clerk Ward, relates to amending the City Code as it relates to specific fees that are no longer relevant or that the Council approves by resolution on the schedule of fees each year. Page 7 of 10 City Council Meeting - 05-13 June 21, 2005 Motion by Councilmember Milbrandt, seconded by Councilmember Junker, to approve the first reading of the ordinance amending the City Code relating to fees as prepared by Ms. Ward. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Possible appointment to Board of Water Commissioners Mayor Kimble said Bob Thompson is willing to accept reappointment to the Water Board. Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt Resolution 2005-142, appointment of Robert Thompson to the Board of Water Commissioners. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Possible approval to apply for Assistance to Firefighters Grant Program Fire Chief Glaser asked for approval to pursue a grant through the Assistance to Firefighters Grant program. The Homeland Security Office of Domestic Preparedness administers the program, he said. The grant provides for a cost sharing to enable cities to have adequate staffing for fire response. The grant is for afive-year period. In the first year, the grant provides for 90 percent or $36,000 for additional staff. After five years, the staffing is 100 percent the City's responsibility. Chief Glaser noted that applying for the grant does not commit the City to hiring any new personnel. If the City does receive a grant, then a decision can be made regarding any staff additions. The grant period closes June 28, he pointed out. Councilmember Harycki asked if the City will know whether it has been successful in its grant application for consideration during the budget process; Chief Glaser said he was unsure, but noted that information from the Fire Service Study, which is currently being conducted, should help in the decision making. Motion by Councilmember Milbrandt, seconded by Councilmember Junker, to adopt Resolution 2005-143, approval to apply for Assistance to Firefighters Grant Program. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Discussion on McKusick Lake Condition and Potential Management Actions Public Works Director Eckles said the condition of McKusick Lake is of some concern, especially to residents living along the Lake. He said a newsletter has been prepared updating residents on the situation. He noted that while the water quality actually has improved, the aesthetics of the lake - an earlier than ever algae bloom - is of concern. He said he had asked Bonestroo, Rosene and Anderlik, the consulting firm that did the Page 8 of 10 City Council Meeting - 05- 13 June 21, 2005 original management plan for the lake, to submit a proposal on the cost of conducting a study and making possible recommendations for action. Bonestroo's cost estimate ($1,500) for gathering data and presenting a report and recommended actions was included in the agenda. Councilmember Milbrandt stated he had received many calls regarding the condition of the lake and moved to accept the proposal from Bonestroo. Councilmember Junker seconded the motion. Councilmember Polehna suggested that the City should look at other lakes as well. He noted that he had received many calls regarding the condition of Long Lake, which, he said, is more weed-choked than McKusick. Mr. Eckles noted that Long Lake is under the authority of the Brown's Creek Watershed District. The Watershed District has applied for a grant and is planning to study Long Lake. He also noted Watershed District's have independent taxing authority and funding. McKusick and Lily Lake are under the jurisdiction of the Middle St. Croix Water Management Organization. WMOs do not have taxing authority and generally the individual communities in the WMO undertake projects. Motion by Councilmember Milbrandt, seconded by Councilmember Junker to adopt Resolution 2005-144, accepting proposal from Bonestroo, Rosene, Anderlick & Associates relating to McKusick Lake. Ayes: _Councilmember Polehna, Milbrandt, Harycki, Junker and Mayor Kimble Nays: None COUNCIL REQUEST ITEMS Councilmember Milbrandt asked Police Chief Dauffenbach to discuss the situation regarding motorcycle noise. Chief Dauffenbach noted the problem is becoming more prevalent and the subject of increasing complaints. He said his department has been issuing citations and is taking enforcement action. He suggested that part of the problem is the fee structure, which doesn't really act as a deterrent. Chief Dauffenbach said the City could institute its own fee and said he was planning to discuss the issue of implementing a number of City fines/fees at budget time. Administrator Hansen pointed out that last year, this topic was the subject of several newspaper articles, and he said he wanted to make clear that the City was not targeting anyone in its enforcement. Councilmember Polehna reminded Council members of the upcoming open house regarding Manning Avenue to be held at Aamodt's Apple Farm. ADJOURNMENT Motion by Councilmember Harycki, seconded by Councilmember Junker, to adjourn at 8:05 p.m. All in favor. ay e, yor Page 9 of 10 City Council Meeting - 05- 13 June 21, 2005 ATTEST: Diane F. Ward, City Clerk Resolution 2005-135, directing payment of bills Resolution 2005-136, Approving regular, full-time employment of Sharon Harrison as Finance Director Resolution 2005-137, Resolution Designating the National Incident Management System (NIMS) as the basis for all Incident Management in the City of Stillwater Resolution 2005-138, approval of Change Order #1 for the 2005 Street Improvement Project (Project 2005-02) Resolution 2005-139, setting sanitary sewer fees for North Hill and extend mandatory hookups Resolution 2005 140, Approval of Resolution Adopting Findings of Fact, Conclusions and Order Related to the Denial of a Variance to the Lot Size Regulations (7,500 SQ. FT. Required, 6447.5 SQ. FT. Requested) for the Construction of a Residence Located at 213 Greeley Street North in the RB, Two Family Residential District. Case No. SUB/V/05-17. Resolution 2005-141, Approval of Resolution Adopting Findings of Fact, Conclusions _and Order Related to the Approval of a Variance to the Lot Size Regulations (20,000 SQ. FT.) Required, 13,500 SQ.FT. Requested) for the Construction of a Residence Located at 2015 Lake Street in the RB, Single Family Residential District. Case No. SUB/V/05-11. Resolution 2005-142, appointment of Robert Thompson to the Board of Water Commissioners. Resolution 2005-143, approval to apply for Assistance to Firefighters Grant Program Resolution 2005-144, accepting proposal from Bonestroo, Rosene, Anderlick & Associates relating to McKusick Lake. Ordinance No. 960, an ordinance amending Chapter 43 of the Stillwater City Code "Liquor License" Ordinance No. 961, an ordinance amending the Stillwater City Code; construction of swimming pools; fence regulations allowing the use of fencing or an impenetrable pool cover. Page 10 of 10