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HomeMy WebLinkAbout2007-07-03 CC MINCITY OF STILLWATER CITY COUNCIL MEETING NO. 07-15 July 3, 2007 REGULAR MEETING Mayor Harycki called the meeting to order at 4:30 p.m. 4:30 P.M. Present: Councilmembers Gag, Milbrandt, Nyberg, Polehna 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 Public Works Director Sanders City Clerk Ward OTHER BUSINESS Chamber of Commerce Jennifer Severson, Chamber executive director, talked about Summer Tuesdays, which will take place July 10-Aug. 21. She noted this will be the 5th year of the event and stated there has been unprecedented support from local businesses. She said a special evening is planned on Aug. 7, the fifth night of the fifth year. She briefly explained the format of Summer Tuesdays, which begins at 4:30 in the afternoon with farmers' market, along with arts and crafts. The event also features Valley Cooks, which features chefs from the Valley displaying culinary specialties, music and movie; activities are family oriented, she noted. Ms. Severson asked that time be given to them on the July 17 agenda for a presentation/discussion of plans for Stillwater's participation in the upcoming Minnesota Sesquicentennial Celebration. Ms. Severson also told the Council the Chamber is planning an Aug. 30 press conference with the Sesquicentennial Commission to unveil the celebration graphics and give Stillwater some exposure. Ms. Severson stated that efforts are continuing on the convention-visitors bureau/lodging tax issue. She said the Chamber is planning to host workshop sessions for city councils the last week of July and the first week in August. The workshops will include city council members from Stillwater, Bayport and Oak Park Heights. Workshop dates include July 25 at 1 p.m., July 26 at 5:30 p.m., Aug. 1 at 1 p.m. and Aug. 2 at 5:30 p.m. The sessions are intended to find out what questions council members have, how the proposals can be fined tuned to come up with a plan that works not only for the businesses in a community but the cities as well, she said. Mayor Harycki asked if members of the public would be welcome to attend the workshop sessions. Ms. Severson stated the workshops are specifically for council members but informational sessions for the public and businesses will be scheduled after a proposal is fine-tuned. Lucy Winton Bell Athletic Fields -Colleen Danford Colleen Danford, Steve Hobbs, and Tom Wagner were present with an update on Lucy Winton Bell athletic fields and to thank the City for its past support of the complex. Steve Hobbs, Belwin executive director, briefly explained the mission of Belwin and the Lucy Winton Bell Athletic Fields, which includes not only the athletic fields, but environmental education and ecological restoration as well. Colleen Danford, director of the Lucy Winton Bell athletic fields, talked about the community partnerships that support the athletic fields and talked about some of the benefits to the participating municipalities. Ms. Danford also briefly reviewed a proposed capital improvement plan, a plan that would be accomplished in two phases. The first phase, she explained, would be construction of amulti-purpose building, which would include a concession area, restrooms, and amulti-purpose meeting room to serve as tournament headquarters, registration location, etc. Phase 2 of the improvements would be lighting of soccer fields and construction of additional fields for soccer/lacrosse/football. Ms. Danford noted that the West Lakeland Town Board approved lighting in the original plans for the complex. Tom Wagner noted that what is being proposed is not new, it was planned 10 years ago but funding fell short at that time. Mr. Wagner noted that no single community could provide/finance such a complex, the facility is a regional approach to providing a sports complex solely for youth. Mr. Wagner asked that the City continue in its leadership role in supporting the complex. Councilmember Polehna pointed out that the Council had recently received a request from the Stillwater Area Baseball Boosters to help fund some improvements to local fields. That group told the Council they are not allowed to play baseball at the Lucy Winton Bell complex and there are not adequate facilities there for baseball fields. Councilmember Polehna asked how older athletes could be accommodated. Mr. Wagner responded that there are ways to accomplish that, and he noted that they are trying to expand their base of support by engaging more groups, like the St. Croix Valley Baseball Association, which did not exist 10 years ago. Mr. Wagner agreed there is a shortage of fields; it is a matter of maximizing use of fields that is the answer. Mr. Wagner suggested the facilities are present; it is a matter of coordinating all the different user groups. Councilmember Polehna pointed out the St. Croix Valley Baseball folks say there is no room for them at the Lucy Winton Bell complex -the VAA has the complex so overloaded there is no room for them to play down there. Colleen banford stated while there is a partnership with the VAA, field availability is not sold out and with the addition of the lighting, as proposed, and renegotiating partnerships, it will be possible to accommodate more users in the future. Ms. Danford also stated she thought the existing baseball fields could be altered slightly to accommodate the older players. - Mayor Harycki noted there also is a concern on the part of local residents as to why the City is funding a complex in West Lakeland Township as opposed to making improvements on local fields. Mayor Harycki said he would like to look at options during Page 2 of 16 the budget process as opposed to making an automatic approval to continuing the past funding commitment. Councilmember Nyberg asked about Stillwater's share of the funding for Lucy Winton Bell. Councilmember Milbrandt explained that the City consciously looked at the number of kids in Stillwater proper that were making use of the fields, acknowledging that the City could not accommodate the footprint to expand the number of fields. Councilmember Milbrandt noted that over 2,000 Stillwater kids use the complex, it's been a good partnership, one that he hopes that can be continued in some form. Administrator Hansen pointed out that the City made afour-year commitment to fund at the $20,000 level. Mr. Wagner pointed out that they are going to every municipality this year asking that they contribute in the same manner that the City of Stillwater has, to contribute equally based on population. Mayor Harycki asked if the Park Board had looked at this request. No action was taken. St. Croix Academy Community Development Director Turnblad reviewed the status of the Academy's request to construct a new school on the Heifort property on Neal Avenue. He noted that the Planning Commission denied a portion of the request (for a height variance) at its hearing on June 11 and recommended that the Council deny the remainder of the request. The purpose of the discussion, he explained, is for the school to gauge possible support and determine whether they should invest more time and resources into revising plans and going back to the Planning Commission and starting the process anew or whether there is not enough support to invest those dollars. Jon Gutierrez, Executive Director of St. Croix Preparatory Academy, spoke briefly of a perception that the school might be proceeding too fast in their plans for a new building. He explained the difference in funding methods for a charter school, such as the Academy, versus a public school district. He said the main issues appear to be related to the Comprehensive Plan and early annexation and concerns regarding traffic. He noted that while a process is under way to update the Comprehensive Plan, there is a Comprehensive Plan in place and that Plan, they believe, should be the governing document. He stated that their request also appears to be consistent with other Phase 4 early annexation requests. Mr. Gutierrez also spoke briefly about the history of the Academy, its mission, the number of students and waiting list, class size, etc. He spoke to the site selection, noting that the Academy is a community school and desires to stay within and tied to the community. Ed Kodet, Kodet Architectural Group, reviewed several graphics and some language in the existing Comprehensive Plan, which identifies a school as part of community fabric, and the proposed site in relation to parks, residential areas and open space. He briefly spoke of several potential advantages of a school use for the site. He said the Academy desires to be responsive to the community and Council in planning a new facility and suggested the possibility of forming a committee including two Councilmembers, along - with members of the Oak Glen neighborhood and community to help develop designs. Mr. Kodet stated the best designs are based on active neighborhood involvement. Page 3 of 16 Mayor Harycki agreed the academy is an asset to the community, put spoke to the Orderly Annexation Agreement and the traffic issue related to the north-south connector and pointed out this area of the City and the north-south connection was to be a focus of the current Comprehensive Plan update process. Councilmember Polehna asked why plans for location of the building on the site had been flip-flopped, saying he had not heard of any opposition to the plans until that was done. Councilmember Gag asked for an update on revisions to plans that have been made in response to input from neighborhood meetings. Mr. Kodet explained that the building location was changed due to soil borings and other concerns. Mr. Kodet suggested that concerns about the location of the parking area could be addressed in the design process, and suggested what they are seeking is input regarding how that design process can best be conducted. In response to Mr. Gag's request, Mr. Kodet stated the design process has only just begun and it does not make sense to go forward on a site that might not be able to house a school. Mr. Kodet said they anticipate changes and challenges, as with any project, and said they anticipate engaging the community and neighborhood in the design process. Mayor Harycki asked if traffic projections had been extended out past 2010. Mr. Gutierrez said that has not been done, as they want to determine whether this location is a viable site. Councilmember Nyberg said he was more concerned with traffic impact on the immediate neighborhood, rather than the north-south connector issue. Mr. Kodet said the traffic study did address that, noting with the addition of a turnout lane at Highway 96 and Neal, there would not be any significant change to the traffic-per-day count in the immediate neighborhood. Mr. Kodet also offered to work with the City's traffic consultant for additional review of traffic projections if desired. Councilmember Milbrandt agreed that the Academy is an asset to the community and that a school is an allowed use in RA zoning in the current Comprehensive Plan and likely the revised Plan; the real issue, he said, is the request for early annexation into a community that is already bracing for the addition of 250 homes in the area immediately adjacent to the site in question, the exact ramifications of which are yet unknown. Councilmember Milbrandt also spoke of other intersections of concern in the northeast quadrant of the City, intersections that there are no plans or funding to improve. Councilmember Milbrandt stated the whole intent of orderly annexation is to see the effects of the development/annexation that has been allowed to date. The fundamental question before the Council, he said, is the request for early annexation. Dave Schneider, attorney for St. Croix Preparatory Academy, suggested that the Council has answered the question of early annexation in the past, and the Academy is asking to be allowed to continue that discussion with the Council. He said as they view the annexation policy, it provides landowners with the opportunity to request early annexation provided certain criteria are met. Traffic issues can be resolved through objective analysis, he stated. What is proposed is a request that two Councilmembers work closely with the Academy/architects to evaluate alternatives for the site and to Page 4 of 16 involve the neighbors directly to see if questions/concerns can be answered to everyone's satisfaction. Mayor Harycki pointed out that other requests for early annexation that have been approved have been under very different circumstances, such as a failed septic system or a simple lot split. Councilmember Nyberg said his concern is not with early annexation but with the traffic site plans. Councilmember Polehna pointed out the Academy architect spoke of the need for good planning, and until that planning is done; he would not support early annexation. Mr. Schneider reiterated that their request is a simple one - to work with the Academy to come up with the best possible plans possible, rather than reject early annexation out of hand. Councilmember Gag pointed out the danger in agreeing to perhaps appoint two members to work with the Academy is the perception that would mean the Council is willing to move forward with the proposal. Councilmember Nyberg volunteered to serve on the requested committee. Councilmember Milbrandt cautioned that this would be reopening a "kettle of fish" that keeps resurfacing, the issue of early development. Councilmember Gag said he had an open mind regarding the school; he said he thought the proposed committee might be a good idea, but again cautioned that if a committee is formed, there is no guarantee the proposal would ultimately receive Council approval. Councilmember Nyberg agreed that forming a committee is no guarantee of any approvals, and he said if he is the only Councilmember willing to serve on a committee, it is not a viable process. No action was taken. Meeting recessed at 6:00 p.m. Meeting reconvened at 6:03 p.m. STAFF REPORTS Fire Chief Glaser reminded the public that the monthly testing of sirens would go on as scheduled on July 4. He updated the Council on a house fire that occurred in a duplex in the 1300-block of South Sixth Street; he stated the homeowners are extremely grateful for the response of fire fighters. The fire was confined to one side of the duplex; insurance estimates are that the fire resulted in about a $250,000 loss. Chief Glaser also spoke of a tragic traffic accident on Partridge Avenue, which involved the resources of a number of agencies. He reminded the public they are responsible for any damage caused by illegal fireworks and urged folks to have a safe holiday. Mayor Harycki noted there would be a fly-over around 7 p.m. on July 4. Councilmember Polehna asked if there is any enforcement activities related to the sale of fireworks; Chief Glaser said that is more of a police department issue. Community Development Director Turnblad explained a request from Exceed Hockey to conduct a 10-week hockey camp at Lily Lake next summer. The request involves the Page 5 of 16 use of Lily Lake facilities, as well as the arena. He stated the Park Board had reviewed the request and was supportive, but felt the policy issue of granting nearly exclusive use of the park facilities should be addressed by the Council. Councilmember Milbrandt noted Lily Lake has one of just two tennis courts in the City and one of the best basketball courts. Mr. Turnblad explained that the request is not for exclusive use of the park facilities, but certainly, the proposed camp would dominate use during the 10-week period. Councilmember Polehna noted the hockey camp would generate considerable revenue for the organizer(s) and said he was against allowing the use of City facilities and receives nothing in return. Consensus of Council was against approving the proposal. Public Works Director Sanders reported that the playground equipment had been installed at Brown's Creek Reserve and is operational. He stated the School Board had met last week and the Board approved deeding the parcel of property needed for the wood chip trail in the Eagle Ridge project area to the City. Finance Director Harrison told the Council the 2006 annual financial report is completed. Due to scheduling conflicts, she said auditors would not be able to present the findings until the Aug. 7 meeting. She stated the report was submitted to the GFOA for consideration of a possible certificate of achievement. Mayor Harycki asked about the Management Letter. Ms. Harrison said that letter was completed and is available to the Council with the letter at this time or wait until the Aug. 7 meeting. Mayor Harycki asked that the letter be provided at this time. Administrator Hansen told the Council that he had a conversation with CGI, a company that is working in partnership with the U.S. Conference of Mayors to launch video streaming for cities. He explained the company would come into a city, at no charge, and do all the work in preparing various 1 - 1.5 minute videos. The videos are posted on their server, via a link from the City site. There are typically six videos, he explained, a welcome from the mayor, a section of community activities, economic development and others. Mr. Hansen explained the company only can do 20 cities a year and the company would like a response by Friday, July 6. Mr. Hansen said he would do some additional reference checking before that date; he provided the web site listing and asked Councilmembers to provide any input to him before July 6. The meeting was recessed at 6:21 p.m. RECESSED MEETING Mayor Harycki called the meeting to order at 7 p.m. 7:00 P.M. Present: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki - -Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Page 6 of 16 Director of Administration Knauss Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE IN OBSERVANCE OF INDEPENDENCE DAY Julie Kink led the Council and audience in the recitation of the Pledge of Allegiance in observance of Independence Day APPROVAL OF MINUTES Motion by Councilmember Milbrandt, seconded by Councilmember Polehna, moved approval of the June 19, 2007, regular meeting minutes. All in favor. OPEN FORUM Margaret Cook, 761 Eagle Ridge Trail, asked Councilmembers to drive along Eagle Ridge and view the placement of fire hydrants, cable boxes, landscaping that has taken place over 20 years, along with the grades and setbacks of the lots and honestly consider whether a trail is a viable option. CONSENT AGENDA* Motion by Councilmember Milbrandt, seconded by Councilmember Gag to approve of the Consent Agenda eliminating item No. 13, possible approval of temporary liquor license for Lumberjack Days, as being premature since a contract has not been signed. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Resolution 2007-134, directing payment of bills Possible approval of upgrade of lights at Lily Lake Park. Possible approval of Special Event -Art in the Park -August 19, 2007 - ArtReach Alliance Possible approval of Special Event -Concert Band Concert -July 18, 2007 - Star of the North Band . (will be addressed at future meeting) Possible approval of hanging banner from August 24-Sept. 9, 2007 for Wild Rice Festival - Purchase a new security camera server for the Recreation Center Purchase a new POS terminal for the Recreation Center Purchase new and updated Adobe Acrobat Licenses Page 7 of 16 Purchase 2 Nelson Raintrains #2 Commercial Turf Travelers for Public Works Dept. Possible approval to spend $42,600.00 out of the Nature Reserve Capital Funds to cover the cost of a bituminous trail on Eagle Ridge Trail Acceptance of Board of Water Commissioner's Financial Statement for period ending December 31, 2005 and 2006. Possible approval of temporary liquor license -Lumberjack Days Possible approval to purchase washing machine extractor -Fire Department Possible approval of officer changes for Stone's Restaurant 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 hearinq for the final plat approval of Fairway Villas a development of property at 1902 North William Street into 22 twinhomes (11 buildings with two homes per building). MBM Development, Bob Clark, applicant. Notices were mailed to affected property owners on and published in the Stillwater Gazette on June 8, 2007. Continued from June 19, 2007 meeting. Mayor Harycki stated the applicant had asked that this case be continued to the July 17, 2007, meeting. Mayor Harycki opened the public hearing. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to continue the hearing until July 17, 2007. All in favor. the date and time for a public hearinq for the Final plat and Final PUD approval for 44 townhomes, Millbrook 2"° Addition, located at 12427 Dellwood Road in the TH, Townhouse District and any variances related thereto. Notices were mailed to affected property owners on June 20 2007 and published in the Stillwater Gazette on June 22 2007. Community Development Director Turnblad noted the Council reviewed the preliminary plat and concept PUD in August 2006. He noted that all the pertinent Boards and Commissions had recommended approval of the 2nd Addition, with several conditions of approval, including those added by the Heritage Preservation Commission's in its review on July 2, 2007. As the final plat and final PUD are consistent with the preliminary plat and concept PUD, approval is recommended, he said. Mayor Harycki opened the public hearing. Art Palmer, 12427 Dellwood Road, former owner of the property, spoke of the grading/excavation that has been done to date and expressed his pleasure with the project. No other comments were received, and the hearing was closed. Councilmember Milbrandt noted that the HPC conditions stipulate final approval by Community Development Director and suggested the HPC or Planning Commission have some input in the final approval. Mr. Turnblad suggested a final review by the HPC since that body imposed the conditions. Councilmember Milbrandt asked that language be added to conditions 8-10 that the Community Development Director in consultation Page 8 of 16 with the Heritage Preservation Commission review/approve the final plans. Councilmember Gag noted that condition No.7 puts a lot of responsibility on the Community Development Director to ensure that the developer lives up to the City's expectations. Motion by Councilmember Milbrandt, seconded by Councilmember Nyberg to adopt Resolution 2007-135, a resolution approving the final plat for Millbrook 2~d Addition Case No. 07-30 and Resolution 2007-136, a resolution approving a Final Planned Unit Development Permit for property located at 12427 Dellwood Road said Planned Unit Development to be known as Millbrook Case No. 07-30, with the additional language regarding HPC view for conditions No. 8-10. Ayes: Councilmembers Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: Councilmember Gag This is the date and time for a public hearing for the 2007 Sidewalk Rehabilitation Project. Notice was mailed to affected property owners and published in the Stillwater Gazette on June 22 and June 29, 2007. Public Works Director Sanders reviewed the project area and criteria for undertaking a sidewalk rehabilitation project. There are 49 properties in this year's project area, he said. The overall cost is $49,000; City policy is to assess 50 percent of the cost to residents. The assessment rate is $3.55 per square foot, he noted. Mr. Sanders informed the Council that the majority of the properties in the project area would have an assessment of less than $400. Mayor Harycki opened the public hearing. Mark Walker, 333 W. Aspen St., noted his sidewalk was done a number of years ago, but the contractor missed about 5' on the south side of the driveway, which he believes is the reason his property is included in this year's project. In addition, he said a chunk of the curbing is missing. He said he did not think he should have to pay twice. Mr. Sanders said he would check the assessment record to determine whether Mr. Walker was assessed in the earlier project. Pat Kelly, 604 Myrtle St., said about 21' of sidewalk on his property is included in the proposed project, but he believes there is more sidewalk that is in worse shape and ought to be included in the project. He questioned why bits and pieces are being done when the entire section ought to be rehabilitated. Mr. Sanders said he would contact Mr. Kelly and look at the sidewalk in question. Mr. Kelly also noted he would be fixing his sewer system, which will require tearing up and replacing the sidewalk when that work is done. Mr. Sanders will look into that issue as well. - Mark Conley and Amy Hewlitt, 324 Maple St., stated there is one section on Martha Street that goes the length of their property that is proposed for repair. Mr. Conley noted that is the only section of sidewalk on that side of the block all the way to Staples Field; Page 9 of 16 he requested that section be abandoned. Mr. Sanders said he would visit the site. Ms. Hewlitt said their water service inside the home is failing. If the sidewalk is not abandoned, she asked that the rehabilitation be put off until they can have their water service replaced. Dave Kahl, 1117 N. Fourth St., said he was pleased to be getting a new sidewalk. He asked about the timing of the project and how they would be notified when the work will be done. He also expressed a concern that two large trees by his home not be affected. Mr. Sanders said if the Council approves the project at this time, bids would likely be opened the first meeting in August, with work beginning around mid-August. Notices will be sent regarding the start of the project, Mr. Sanders said. Concerning the trees, Mr. Sanders stated that if the tree roots were causing the sidewalk to heave, they would likely trim some of the roots so that does not recur. No other comments were received, and the hearing was closed. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Resolution 2007-137, ordering improvement and preparation of plans & specifications for the 2007 Sidewalk Rehabilitation Project (Project 2007-05) and directing the public Works Director to work with the property owners who raised questions/concerns during the hearing. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None UNFINISHED BUSINESS Possible approval of special event -Harry Potter Book Release Party -July 20-22, 2007 - Minnesota Zephyr (continued from June 19, 2007 meeting) -Todd Weiss Todd Weiss stated he and the event coordinator had met with the Police and Fire Chiefs, as requested by the Council during the previous discussion of the request, and had received the Chiefs approval. Police Chief Gannaway stated Mr. Weiss had addressed all of his primary concerns; including moving back the time of one of the train rides to avoid a conflict with the Lumberjack Days race. Chief Gannaway said he was comfortable with what was proposed and what organizers were willing to change. Chief Glaser concurred with Chief Gannaway and said organizers had addressed access, exiting, load issues. Councilmember Milbrandt asked about the possibility of the event being expanded. Mr. Weiss said he would notify Chief Gannaway and Glaser if additional trips were scheduled. Chief Gannaway said they would work with Mr. Weiss regarding the possibility of adding trips. Councilmember Polehna asked about the concern of neighboring businesses, including the marina, regarding the potential of traffic blocking access to their facilities; he also stated some nearby businesses are concerned that they have been unaware of plans. Mr. Weiss stated no businesses - - would be blocked. Page 10 of 16 Councilmember Milbrandt clarified that one of the stipulations is that if times are added it is at the discretion of the Chiefs. Councilmember Milbrandt stated he also would like a condition added regarding communicating with neighboring businesses and that any requests for signage be worked out with the Chief and neighboring businesses. Councilmember Polehna agreed with the need for communication. Mr. Weiss reiterated that no businesses would be blocked. Councilmember Nyberg expressed a concern about traffic and parking, given the event coincides with Lumberjack Days. Councilmember Gag asked about the estimated number of attendees. Mr. Weiss said he anticipates about 200 people will be attending throughout the day on Friday. On Saturday, if all the train runs are sold out, Mr. Weiss said there could be about 1,800 people. Mr. Weiss noted that he had met all the concerns of the Police and Fire Chiefs and no other businesses in town are asked not do business during Lumberjack Days. Mayor Harycki noted organizers cannot determine the date of the book release and other businesses are not asked to curtail operations due to Lumberjack Days. Motion by Councilmember Polehna, seconded by Mayor Harycki to approve the special event for the Harry Potter book-release event with the stipulations presented and approval of the Police and Fire Chiefs. (3-2 Councilmembers Milbrandt and Nyberg) NEW BUSINESS Discussion on Fairway Villas Hook-up Fees (tabled from June 19, 2007 meeting) Public Works Director Sanders explained that the developers have requested a reduction in hook-up fees. He reviewed the fees that were put in place after the North Hill project. The hook-up fee for infill properties was set at $25,000; the 2007 fees including inflation, would be $27,000. The total hook-up charges for the Fairway Villas development would be just slightly under $600,000, he stated, which he said amounts to about 1/10th of the cost for the North Hill project for about 1/20th of the North Hill project area. Mr. Sanders said other options were looked at, including a fee based on acreage, which would be about $24,000 per acre, $162,692 for the Fairway Villas development. Another option, he explained, would be to charge a per unit fee based on the assessed rate for the North Hill project; that fee would be slightly more than $9,000 per lot for Fairway Villas or a total of $190,434. Mayor Harycki asked about North Hill project street assessments and if there were street assessments against vacant lots. Mr. Sanders responded there were no street assessments against vacant lots; however, the Sandeen property (Fairway Villas property) was assessed for street. Mayor Harycki asked whether the hook-up fees ought to be changed across the board, for all of the infill lots in the North Hill project area, rather than for this development only. City Administrator Hansen pointed out that this is a development that will have to install its own infrastructure, so it is like charging the developers twice, versus an infill property that is just charged for hooking up to City services, Page 11 of 16 There was discussion as to whether the proposed fees should take into account the grants/subsidy that helped reduce the cost of the North Hill project. City Attorney Magnuson explained that the total cost of the North Hill project was about $6 million, the state grant amounted to $1.3 million, and only $2 million of the project cost was assessed, with $2.7 million being paid for through the City's general fund. Mr. Sanders explained that all North Hill residents were assessed $8,300 for sewer and water. City Administrator Hansen stated that the City did everything it could to make the North Hill project affordable, but did not want to subsidize future developers of infill properties, which is why the hook-up fee was set at $25,000 to more fully reflect actual costs, but there was never any thought given to the possibility of a 22-lot development. Mayor Harycki pointed out that the $1.3 million grant from the state was for storm water not for sewer. Councilmember Milbrandt noted that since the other portion of the Fairway Villas project had been tabled for consideration to the July 17 meeting, it might be good to have staff return with additional figures at that time. A representative of the development company asked to address the Council. Council asked that the developers meet with Mr. Sanders prior to the next Council meeting. No action was taken. Discussion on 2007 Lumberjack Days City Administrator Hansen stated that he and Councilmember Nyberg had met with the Lumberjack Days Festival Association and from that meeting, it is apparent that both the City and the Festival Association desire to enter along-term agreement, rather than doing a piecemeal agreement every year. He stated there was discussion about possibly sharing any surpluses after expenses and debt service, with an independent audit performed should such an agreement be reached. There also was discussion about possibly increasing the City's contribution for the fireworks display, as well as possibly adding another Councilmember to the committee. Mr. Hansen said the desire to come to a long-term agreement means there would not be an agreement for the 2007 event. Mayor Harycki expressed his concern about not having an agreement for a major event and no contract that traditionally has reimbursed the City for police and fire services. Mr. Hansen noted that last year the contract provided for reimbursement for police and fire services at an amount not to exceed $40,000, while actual costs were $64,543. There was discussion as to what other communities do for community events, if they charge for police/fire services, and if communities contribute to special events/celebrations. Councilmember Milbrandt expressed a concern about moving forward without a contract or at the very least an agreement to be reimbursed for police/fire at the same level as 2006. Mr. Hansen said the Festival Association says it cannot afford that reimbursement. Councilmember Nyberg said he thought it would be possible to reach an agreement before this year's event and then work on a long-term agreement. Mayor Harycki asked whether costs were included in this year's police budget. Police Chief Gannaway said his budget included $24,000. Fire Chief Glaser stated he estimates this year's cost at about $13,000; last year's cost were less as fireworks were cancelled. City Attorney Magnuson stated he and City Administrator Page 12 of 16 Hansen were directed to audit tax returns and the books of both the LJD profit and not- for-profit organizations and came to the conclusion that they have lost about $40,000- $50,000 ayear for the last 4-5 years; the problem, he said is no one believed their conclusions, which is why an independent audit is being recommended. It was noted that the City did not start seeking reimbursement for police/fire until after 2001; the level of reimbursement started at about $20,000 and increased to $40,000. Mr. Magnuson noted that the festival was largely defunct when Mr. Eckberg first came before the City and the City gave money to the parade, fireworks and the festival with the goal to having the festival become aself-supporting entity. It was agreed to have Councilmember Nyberg and Mayor Harycki work with organizers to try to reach a contract/agreementfnr this year, as well as begin discussions regarding along-term agreement. City Administrator Hansen stated the Stillwater Girls High School Hockey team is seeking permission to park cars by the Terra Terminal as afund-raiser during Lumberjack Days. Motion by Councilmember Polehna, seconded by Councilmember Milbrandt to approve the request for the fund-raiser with the stipulation that the team will have to work with the Police Chief regarding details. All in favor. Assignment of Parking Lot Agreement -Cub/Riverview Parking Lot City Administrator Hansen told the Council the Veterans Memorial Committee had approached the City with a request to take over maintenance of the Riverview parking lot from SuperValu. The Committee wants to maintain the parking lot to a higher level. He stated SuperValu has agreed to the change in responsibility. Mr. Hansen stated the proposed agreement with the Veterans Memorial Committee is a one-year trial agreement. The Committee will receive 90 percent of the parking permit fees, with the City retaining 10 percent for future maintenance cost such as seal coating/overlay. The agreement also provides that the parking fee revenues can only be expended on maintenance. Motion by Councilmember Polehna, seconded by Councilmember Nyberg adopted Resolution 2007-138, approval of the agreement for Riverview Parking Lot maintenance. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Page 13 of 16 Possible approval of Special Event -Tuesdays in the Park -August 7, 2007 -Greater Stillwater Chamber (new feature added to Tuesdays in the Park) Jennifer Severson, executive director of the Greater Stillwater Chamber, explained the request is for a special event, a car show, to help celebrate the 5th anniversary of Summer Tuesdays. The proposal is to either park the cars in the grassy area of North Lowell Park or the parking lot north of Chestnut. Ms. Severson said they would be open to either option. There was some concern about the possible condition of the grass after Lumberjack Days. Motion by Councilmember Milbrandt, seconded by Councilmember Gag to approve the special event, with parking in the lot north of Chestnut Street. All in favor. Possible approval of Plans and Specification for the Stillwater Medical Group Clinic Storm Sewer Proiect. Public Works Director Sanders explained that this project relates to the Marketplace water study. This project is a water quality project that would reroute water from Orleans and Washington and just south of Curve Crest; the project is part of the Long Lake water quality improvements. Cost of the project is estimated at $150,000, he said; the money will come from a previous area-wide assessment. Motion by Councilmember Gag, seconded by Councilmember Nyberg to adopt Resolution 2007-139, approve plans & specifications and ordering advertisement for bids for Stillwater Clinic Pond Project (Project 2005-07) Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Possible appointment to Planning Commission City Clerk Ward stated initially no applications were received for the current vacancy. She stated previous applicants were contacted to determine their interest, with people indicating they were still interested in serving. Councilmember Milbrandt noted that there had been some discussion about having the Commission do some interviewing and make a recommendation to the Council, as the Library Board does. Councilmember Gag also suggested this might be an appropriate time to consider term limits. Councilmember Nyberg spoke of the potential for having committee members control appointments. Mayor Harycki wondered whether the Charter Commission might be involved in the process. Councilmember Milbrandt suggested a process that would have the chair of the respective commission, the Councilmember representative to that commission and one other Councilmember conduct the interviews and make a recommendation for Page 14 of 16 appointment to the Council. Councilmember Polehna spoke of the goal of having equal Ward representation on the various committees. Motion by Councilmember Milbrandt, seconded by Councilmember Nyberg to have the Chair of the Planning Commission, the Council representative to the Planning Commission and one other Council volunteer interview the candidates and come back with a recommendation. All in favor. Councilmember Gag volunteered to serve on the interview committee. Motion by Councilmember Milbrandt, seconded by Councilmember Nyberg, to request that the Charter Commission consider giving an opinion/recommendation on term limits for Parks, Planning and Heritage Preservation Commission. All in favor. COMMUNICATIONS/REQUESTS Councilmember Polehna informed the Council and audience of a Civil War re- enactment planned at the Historic Courthouse. COUNCIL REQUEST ITEMS Councilmember Polehna asked Public Works Director Sanders if anything had been done regarding the tree survey that had been discussed earlier. City Administrator Hansen stated that he has asked the City Forester for an estimate of doing a tree survey. STAFF REPORTS (continued) Community Development Director Turnblad brought up a matter involving a complaint about a fence is placed on City property. Mayor Harycki pointed out, and City Attorney Magnuson confirmed, that no one carr ever take City property through adverse possession, so if the City does nothing, it will not affect ownership. Councilmember Polehna noted that it ought to be easy to determine property lines with the City's GPS system and requested that staff try to locate the property pins. ADJOURNMENT Motion by Councilmember Milbrandt, seconded by Councilmember Nyberg to adjourn at 9:05 p.m. All in favor. - Harycki, Mayor Page 15 of 16 ATTEST: ~~~~~~ Diane F. Ward, City Clerk Resolution 2007-134, directing payment of bills Resolution 2007-135, a resolution approving the final plat for Millbrook 2"d Addition Case No. 07-30 Resolution 2007-136, a resolution approving a Final Planned Unit Development Permit for property located at 12427 Dellwood Road said Planned Unit Development to be known as Millbrook Case No. 07-30 Resolution 2007-137, ordering improvement and preparation of plans & specifications for the 2007 Sidewalk Rehabilitation Project (Project 2007-05) Resolution 2007-138, approval of the agreement for Riverview Parking Lot maintenance. Resolution 2007-139, approve plans & specifications and ordering advertisement for bids for Stillwater Clinic Pond Project (Project 2005-07) Page 16 of 16