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HomeMy WebLinkAbout2007-06-19 CC MINCITY OF STILLWATER CITY COUNCIL MEETING NO. 07-14 June 19, 2007 REGULAR MEETING Vice Mayor Milbrandt called the meeting to order at 7 p.m. Present: Councilmembers Nyberg, Polehna and Vice Mayor Milbrandt Absent: Councilmember Gag and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Director of Administration Knauss Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders City Clerk Ward APPROVAL OF MINUTES 7:00 P.M. Motion by Councilmember Polehna, seconded by Councilmember Nyberg to approve the June 5, 2007, regular and recessed meeting minutes. All in favor. OPEN FORUM Bruce Werre, 1314 Meadowlark Drive, asked about the status of the Jackson Wildlife Management Area in relation to the Legacy on Long Lake development. Community Development Director Turnblad stated the Jackson Wildlife Management Area legislation passed which would enable the City to purchase the property. Mr. Turnblad .stated the Jackson WMA is no longer associated with the Legacy development -those are two totally separate issues. Regarding the Legacy development, Mr. Turnblad stated the developer currently is talking with the DNR to determine whether the DNR will accept proposed revisions to the PUD on the Lakeshore. If the developer reaches agreement with the DNR, they will reapply to the City and start the process anew, he stated. Vice Mayor Milbrandt asked Mr. Turnblad to provide the Council with a copy of the legislation. Mr. Werre asked why the City wouldn't consider purchasing the Jackson WMA, either alone or in conjunction with the County, pointing out that the application period for the County's Land and Water Legacy Program expires on July 30. Mr. Werre explained the purpose of the Land and Water Legacy Program and funding criteria; he provided copies of the application for Council and staff and urged the City to consider moving forward with efforts to purchase the Jackson property. STAFF REPORTS Public Works Director Sanders informed the Council that the District 834 School Board had acted to deny the City's requested easement for a segment of the Eagle Ridge Trail, with the suggestion that the City look at purchase of the property in question for a "nominal price." City Attorney Magnuson said he had spoken with the Assistant City Council Meeting - 07-14 June 19 2007 Superintendent of Schools regarding this matter, who explained there was concern about liability should the City only obtain an easement as well as the belief that the School District ought to be reimbursed at the same rate as a property owner across the road. Mr. Sanders stated if the City were to purchase the School property in question at the same purchase price as was paid to the other property owner, the cost would be about $5,000. Attorney Magnuson pointed out the School District did provide the City with the right of immediate access for construction, with the idea that the details of an agreement with the City could be worked out for the next meeting. Councilmembers pointed out the City had contributed toward the construction of several School District playgrounds in the last several years and did not feel the City should be forced to purchase the property in question. City Attorney Magnuson noted that School District staff had recommended that the easement be granted, and the Board action was a split vote. It was consensus to have City Administrator Hansen and Public Works Director Sanders continue discussions regarding the easement issue. Public Works Director Sanders informed the Council of the status of the algae bloom on Lake McKusick. He stated two harvesters provided quotes at about the same price -- $150 per hour. Last year, he noted the Council had limited the expenditure to 50 hours of harvesting. Mr. Sanders said he had discussed the possible harvesting with the consultant who is doing the City's lake management plan, and the consultant agreed that it would not be a bad idea to do the harvesting. Vice Mayor Milbrandt noted the harvesting was not a budgeted item. Mr. Sanders pointed out that the City had budgeted $40,000 for the lake management plan and the Brown's Creek Watershed District is contributing $25,000 to the plan, so the City has $15,000 available from that source. Vice Mayor Milbrandt pointed out that in previous discussions, the consultant had suggested that harvesting was a "Band Aid" measure that could be done year after year with no permanent results. Councilmember Polehna asked about the status of the management plan; Mr. Sanders responded that it would likely be October or November before the plan is completed and recommendations made. There was discussion about the status of Long Lake; Mr. Sanders said he had just driven by Long Lake and did not observe an algae bloom on that lake. Councilmember Polehna said he would not be in favor of doing just Lake McKusick to the exclusion of Long Lake. Vice Mayor Milbrandt suggested proceeding with authorizing 50 hours of harvesting for Lake McKusick and monitoring Long Lake to determine if harvesting is needed later in the season. Councilmember Polehna asked about the condition of Lily Lake and whether the beach and fishing pier/launch were usable due to algae growth. Mr. Sanders pointed out that the City does spray the beach area every year, and residents have the option of having their private beaches sprayed at their cost. Councilmember Polehna said he would support the harvesting of Lake McKusick as long as Long Lake and Lily Lake, specifically the fishing pier and boat launch area, are monitored. Motion by Councilmember Polehna, seconded by Councilmember Nyberg to approve the harvesting of Lake McKusick, 50 hours, at this time, and monitor Long Lake and Lily Lake for the potential of an additional 50 hours of harvesting. All in favor. Councilmember Polehna stated he had been receiving numerous calls regarding the landscaping Xcel Energy did in the Croixwood area. Mr. Sanders said he had directed Tim Moore to drive around the Croixwood area and note addresses and call Xcel regarding the restoration problems. Page 2 of 9 City Council Meeting - 07-14 CONSENT AGENDA June 19 2007 Motion by Councilmember Polehna, seconded by Councilmember Nyberg to approve the Consent Agenda as presented. Ayes: Councilmembers Nyberg, Polehna and Vice Mayor Milbrandt Nays: None Resolution 2007-131, directing payment of bills Possible approval of Special Event -Stillwater Fitness - 5K Run -October 13, 2007 Possible approval of Special Event -Block Party -June 29, 2007 -Chris Lottsfeldt Possible approval of capital release -Library Purchase of hard drives for network area storage -MIS Purchase of copier for Police Department Purchase of printers for Administration, Police & Inspections Possible approval to purchase benches and trash receptacles for Brown's Creek Park PUBLIC HEARINGS -Out of respect for others in attendance, please limit your comments to 10 minutes or less. Case No 07-32 This is the date and time for a public hearing for approval of the Final Plat for FAIRWAY VILLAS a 22 unit twinhome project located at 1902 N. William St. Notices were mailed to affected property owners and published in the Stillwater Gazette on June 8 2007. Community Development Director Turnblad pointed out the developer's application to the Brown's Creek Watershed District to do grading on the site had been tabled at the last Watershed Board meeting, and the developer had asked that the public hearing be continued until after the Watershed District has made a decision on their application. Mr. Turnblad said everyone would be renotified regarding the exact meeting date and time. Attorney Magnuson advised that the motion to continue the public hearing must reference an exact date. Mr. Turnblad suggested setting the hearing for July 3 and continuing the hearing again if necessary. Vice Mayor Milbrandt opened the public hearing and asked for a motion to continue. Motion by Councilmember Nyberg, seconded by Councilmember Polehna to continue the hearing to July 3. All in favor. UNFINISHED BUSINESS Discussion on liquor license fees City Clerk Ward noted that in March the Council had directed staff to try to determine liquor sales from establishments and the Department of Revenue. She stated the Department of Revenue can only provide limited information, so with the assistance of City Attorney Magnuson, letters were sent to the on-sale licensees. Eight responses were received, and City Clerk Ward said the 2 a.m. licenses from those who did not respond were used to obtain additional information. Vice Mayor Milbrandt pointed out that it appears getting information regarding sales is a hurdle to implement a fee Page 3 of 9 City Council Meeting - 07-14 June 19 2007 structure based on total sales. Councilmember Nyberg suggested it would be easier to obtain information regarding square footage to use as a basis for a fee structure. Councilmember Polehna asked about the report on the number of police calls. Chief Gannaway pointed out the report lists all calls to a particular address; the calls could be related to any number of incidents, from an altercation to an accident to unlocking a door. Vice Mayor Milbrandt pointed out that Stillwater is "reasonably priced" compared to the immediate locales and suggested that developing a fee based on sales might be more work that it is worth. Clerk Ward noted that fees were adjusted by 5 percent for 2007. Councilmember Polehna suggested rounding the current fees upward, for example from $162 to $175. It was noted that any charge would require a full public hearing, with 30-day notice to the establishments. It was consensus to take no action but to revisit the discussion should Mayor Harycki or Councilmember Gag wish to do so. NEW BUSINESS St. Croix Valley Baseball Association request Chris Stanton and Brian Albertson of the St. Croix Valley Baseball Association were present with a request for funding for improvements to the field at the Public Works Department. Mr. Stanton spoke to the conditions of local fields compared to other communities. Mr. Stanton noted that the Association members are willing to put in the sweat and work that goes into the improvements. Mr. Stanton also spoke briefly to future plans, such as reacquiring and improving the Jaycee fields. Mr. Albertson also spoke of the condition of local fields. Vice Mayor Milbrandt pointed out the City doesn't own the Jaycee fields and asked whether the Association had contacted the School District. Mr. Stanton said the Association has had some conversations with School Board members and it is apparent the School District does not want to expend funds on any field improvements, which is why the Association is hopeful the City will get the fields back and work with the Association on improvements. The Association's first objective is to make improvements to the Public Works fields. Mr. Albertson pointed out that Association members have expended money and time at the Public Works facility and would do more if given the go-ahead. Mr. Albertson also spoke of the need to water the grass at the Public Works facility due to safety and appearance. Councilmember Polehna spoke of his experience with similar concerns when his kids were growing up. Councilmember Polehna said one of his concerns with the proposal was the need for a dugout, noting that the oldest kids that use the Public Works field are 12-year-olds; he questioned why a sunshade, such as utilized at other facilities, wouldn't be sufficient. Councilmember Polehna also questioned the need for the proposed batting cage and spoke of a concern about the City of Stillwater continually being looked at to take the lead in providing such facilities. Councilmember Polehna suggested that other communities also ought to be asked to participate. Mr. Albertson pointed out the Association would be building the dugouts. Councilmember Nyberg, a member of the Parks Commission, stated he had driven around and looked at the local fields and couldn't believe the condition of the fields. Councilmember Nyberg suggested this is a funding issue that ought to be addressed at budget time. Vice Mayor Milbrandt noted that to date, the City has not been providing for specialized needs -traveling baseball, traveling soccer, etc. -all the City fields are basically multi-purpose fields. And as noted by Councilmember Polehna, Mr. Milbrandt Page 4 of 9 City Council Meeting - 07-14 June 19 2007 pointed out the City doesn't have land to build complexes for specialized needs; he also pointed out that the City has in the past contributed to the Lucy Winton Bell athletic complex. Vice Mayor Milbrandt said he couldn't support moving forward, other than directing the Park Board to look at this as a priority for 2008 budgeting. Mr. Nyberg stated the Park Board was supportive of the request and felt this is an issue that needs to be addressed. Mr. Stanton told the Council that the Association's request is not an all-or-nothing request -the Association will be happy with any amount of funding the Council will provide. It was noted the Park Board had recommended $12,000 in funding; staff suggested $4,500 in 2007 and $6,000 in 2008. Administrator Hansen stated staff believes there is $4,500 in unbudgeted funds available for 2007, but suggested the remainder of the funding request be looked at during the upcoming 2008 budget process, noting that the Council will be receiving a number of worthy requests for funding. Motion by Councilmember Polehna, seconded by Councilmember Nyberg to approve $4,500 in funding with the Association to work with the Park Board regarding project priorities. All in favor. Discussion of possible assistance for Lumberiack Days - Lt. Trista Martinson, MN National Guard Lt. Martinson, company commander of the 34th Military Police Company, which is now headquartered in Stillwater, offered to assist with traffic control during Lumberjack Days. She said 20-25 soldiers would be available to assist the Police Department if so desired. The 34t" Military Police Company includes 188 soldiers, many of whom are police officers in civilian life. The Company is Minnesota's designated Quick Response Force, first responders in instances of homeland security/national disaster, etc. Chief Gannaway said any additional help would be appreciated, but wanted the Council to be aware of the Guard's presence. Councilmembers expressed their appreciation for the offer. City Administrator Hansen suggested that a press release be issued prior to the event to explain the presence of the Guard personnel. Possible approval of special event -Thomas the Tank -August 4-7 & August 10-12 - Minnesota Zephyr Todd Weiss of the Minnesota Zephyr stated he had met with the Police and Fire Chiefs to go over any concerns. He noted that the dates for the first weekend are Aug. 3-5. He said activities would begin at about 7 a.m. and go until 8 p.m. The dinner train will not be operating during the Thomas the Tank event. Fire Chief Glaser said he did not see any major issues; he noted that last year, event organizers worked with the department for assistance in staffing the event and did reimburse the City for those costs. Chief Glaser said he expected a similar arrangement this year. Chief Gannaway said his department would continue to work with organizers and he didn't expect any problems. Motion by Councilmember Polehna, seconded by Councilmember Nyberg to approve the special event as requested. All in favor. Page 5 of 9 City Council Meeting - 07-14 June 19 2007 Possible approval of special event -Harry Potter Book Release Party -July 20-22, 2007 - Minnesota Zephyr City Clerk Ward introduced the request and noted the dates coincide with Lumberjack Days. Todd Weiss, Minnesota Zephyr, noted they have no control over the book release dates. He stated all activities will be held on Zephyr property, and all activities will be fenced in. He said a similar event held several years ago attracted about 3,000 people. He said Zephyr staff will be available to assist with parking both to the south and north of the Zephyr. Security will be provided as far north as the Aiple property, therefore detouring people away from the track and depot. Chief Gannaway said there are some concerns about the additional vehicle and pedestrian traffic, but said he would continue to discuss issues with Mr. Weiss. Chief Glaser said he would need more information regarding the fencing to address access and loading issues, etc. Administrator Hansen said staff is concerned about the timing of the event, noting that the book opening is scheduled for midnight on Friday night with the potential for bringing in a large group of teens and pre-teens to Lumberjack Days. Mr. Weiss noted that at this point they have no source for books. Mr. Weiss also noted train rides on Friday are scheduled for 8, 9:30 and 11 p.m.; with the last train arriving back in town at 12:15 a.m. Mr. Weiss also noted that at the last party, there were more adults than teens participating. Vice Mayor Milbrandt said he didn't feel there was enough information to move forward at this time and expressed a concern about bringing in thousands of people to the downtown area just as folks attending Lumberjack Days are trying to get out of town. Mr. Weiss said he thought it would be unfortunate to ask them to not conduct business because there is another event in town. Mr. Weiss stated he would provide the Police and Fire Departments with any additional information they need and stated that they want to make sure any event is done properly. Councilmember Nyberg agreed with the concern about traffic. Councilmember Polehna questioned the provision for parking. Vice Mayor Milbrandt said his concern was not just with parking, but the traffic, and mixed age groups walking on Highway 95. The Council took no action and directed that Mr. Weiss come back to the next Council meeting, July 3, with more information for the Council and staff. Possible approval of special event -American Legion Post 48 -July 4, 2007 City Clerk Ward explained the request to hold a barbecue on July 4, with a live band performing from 6 to 10 p.m. The request includes being allowed to fence off the parking lot to enable additional tables and consumption of alcohol in the fenced area. Jeff Ost, American Legion representative, explained the request is to have a Dixieland band playing on the deck, so the crowd will not be a "hard rock" crowd. Chief Gannaway said he had not reviewed plans for the fencing. Chief Glaser said occupancy issues would have to be addressed and he would work with the applicant to do that. Motion by Councilmember Polehna, seconded by Councilmember Nyberg to approve the special event as requested contingent on the approval of the Police and Fire chiefs. All in favor. Page 6 of 9 City Council Meeting - 07-14 June 19 2007 Possible approval of special event -noise ordinance variance -Stillwater Library City Clerk Ward explained the request from the Stillwater Public Library to hold a fund- raiser on the library terrace for the viewing of the July 4 fireworks. The music that accompanies the fireworks will be simulcast, so the request is for a variance from the noise ordinance. Ms. Ward noted the fireworks and music generally conclude around 10:30 p.m. and it is anticipated all activities will conclude around 11 p.m. Motion by Councilmember Nyberg, seconded by Councilmember Polehna to approve the special event/noise ordinance variance for the Library on July 4. All in favor. Discussion on Fairway Villas Hook-up Fees Public Works Director Sanders explained the developer of Fairway Villas has requested a reduction in the hook-up charges. Mr. Sanders explained that in 2004, shook-up fee of $25,000 per lot ($12,500 for sewer and $12,500 for water) was established for all vacant parcels in the North Hill project area. The fee is adjusted annually according to the Consumer Price Index, so the 2007 fee is $27,269, he stated. The total fees for the Fairway Villas development would be $599,918. He noted that when the fee was implemented, a development of this size was not envisioned, the fee was established primarily with a view toward infill lots. He noted the developer is also responsible for installing their own utilities for the project, so the amount does seem excessive. Mr. Sanders suggested an alternative hook-up fee of $24,000 per acre, which is the total sewer and water construction costs divided by the entire project area. Using that fee, the total fee for the Fairway Villas development would be $162,000, 6.76 acres. He noted that for the Millbrook development, the hook-up fee is $13,200 per acre. Another option, Mr. Sanders said, would be to charge the assessed rate for sewer and water for the North Hill project, which is $8,300 per lot or $174,000 for 21 lots. Administrator Hansen pointed out a decision was not needed at this time; a decision could be made when a full Council was available. Councilmember Nyberg questioned the rationale for the $25,000 fee for infill lots; Mr. Sanders said he thought that was based on the estimated increase in property value that results from sewer and water service. Vice Mayor Milbrandt said he would favor a per lot fee, rather than one based on acreage. Councilmember Polehna asked if the suggested $8,300 figure included an inflation factor. Mr. Sanders said that amount did not include inflation; Administrator Hansen said those figures could be brought back to the next meeting, if the Council desires. No action was taken. It was consensus that the Fairview Villas fee should be on the magnitude of the Millbrook fee, rather than the infill fee, and that the fee should be based on the number of lots rather than acreage. Staff was asked to bring a proposed fee, including inflation factor, for consideration at the July 3 meeting. Possible approval of payment for Levee Wall Project City Administrator Hansen said he believes the City's requested contribution of $200,000 will eventually be covered by the credit on the purchase of the railroad property. However, rather than further delay the levee project; he said staff is recommending that the City contribute the requested $200,000. He reiterated that he is confident that the City will be reimbursed for the contribution. Page 7 of 9 City Council Meeting - 07-14 June 19 2007 Motion by Councilmember Polehna, seconded by Councilmember Nyberg to approve the requested payment for the levee wall project. All in favor. Discussion on the appointment of Parking Ramp Steering Committee Community Development Director Turnblad noted that last month the Council approved a process for developing a proposal for a potential downtown parking ramp. Appointment of a steering committee was part of the process. He suggested membership of the steering committee include one Councilmember along with one HPC member, one Planning Commission, one Parking Commission member, and several stakeholders. A list of people indicating a willingness to serve on the steering committee was included in the agenda packet. It was suggested that the council appointee be from Ward 2, as the proposed ramp location is in that Ward. Councilmember Nyberg asked for comment on the reasons behind the potential location, saying he had received a number of calls questioning the location. City Administrator Hansen stated there are a number of reasons for the proposed location -property owners abutting the location who would be willing partners in the project, the City owns the parcel that is central to the project, no views will be obstructed, and the area was placed in a tax increment financing district so the project could be funded with TIF money, rather than tax dollars. Vice Mayor Milbrandt suggested that other business owners in the area be notified regarding steering committee meetings so they can attend on an ad hoc basis if they desire. Motion by Councilmember Polehna, seconded by Vice Mayor Milbrandt to appoint Kevin LaCasse, Parking Commission; Bob Eiselt, Trinity Lutheran Church; Mark Balay, Balay Architects; Jim Christophson, Ascension Church; Scott Zahren, Heritage Preservation Commission; Phil Eastwood, Heritage Preservation Commission; Dave Middleton, Planning Commission and Councilmember Nyberg as the Council representative to the steering committee. All in favor. Possible acceptance of 2007 Sidewalk Rehabilitation Feasibility Study and calling for a public hearin Public Works Director Sanders briefly reviewed the proposed project, which includes 52 properties. Overall cost of the project is $49,000; $50,000 was budgeted for the work, he stated. Generally, 50 percent of the cost is assessed to the property owners; the assessment rate is $3.55 per square foot. The request before the Council, he explained, is to approve the feasibility study and set a public hearing for July 3. He stated work on some City sidewalks is included in the project, but not included in the assessed cost. Motion by Councilmember Nyberg, seconded by Councilmember Polehna to adopt Resolution 2007-132, resolution receiving report and calling hearing on 2007 Sidewalk Rehabilitation Project (Project 2007-05) with a public hearing to be held on July 3. Ayes: Councilmembers Nyberg, Polehna and Vice Mayor Milbrandt Nays: None Page 8 of 9 City Council Meeting - 07-14 June 19 2007 Possible appointment to Board of Water Commission Vice Mayor Milbrandt noted there were two applicants. He noted a letter had been received from Jim O'Brien recommending the appointment of former mayor Jay Kimble. Councilmembers stated both applicants were excellent candidates. Motion by Councilmember Polehna, seconded by Councilmember Nyberg to adopt Resolution 2007-133, appointment of Jay L. Kimble to the Board of Water Commissioners. Ayes: Councilmembers Nyberg, Polehna and Vice Mayor Milbrandt Nays: None ADJOURNMENT Motion by Councilmember Polehna, seconded p.m. All in favor. Councilmember Nyberg to adjourn at 8:45 Wally Mill~ndt, Nee Mayor ATT ST: Diane F. Ward, City Clerk Resolution 2007-131, directing payment of bills Resolution 2007-132, resolution receiving report and calling hearing on 2007 Sidewalk Rehabilitation Project (Project 2007-05) Resolution 2007-133, appointment of Jay L. Kimble to the Board of Water Commissioners Page 9 of 9