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HomeMy WebLinkAbout2007-10-30 CC MIN' j~vater THE EI ETM FEE CE OF MIMM EE OTC CITY OF STILLWATER CITY COUNCIL MEETING NO. 07-25 October 30, 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 Fire Chief Glaser Finance Director Harrison Public Works Director Sanders City Clerk Ward OTHER BUSINESS Update on municipal docks Community Development Director Turnblad reviewed the current arrangement where 10 public slips are available at the St. Croix Boat and Packet docks between the docks for the larger boats and the shoreline. Current rates are $5 per hour, with $3 for each additional hour. Overnight parking is available -- $30 on weekends and $20 during the week. He said staff had looked at the possibility of moving the existing docks, but noted the docks are steel and not easily relocated and stated staff did not believe it would be possible to put additional docks at that site. He said the current public slips are underutilized, even during large events such as Lumberjack Days. He said the underutilization might be because the.availability of the slips is not publicized and they are hard to find, tucked between the big boats and the shore. He stated staff was looking for direction on whether to continue to look at options or put the issue to rest for the time being. Mayor Harycki suggested contacting a boater advocacy group and getting some feedback from potential users. Mayor Harycki volunteered to make some phone calls to solicit feedback. Councilmember Polehna noted the Hudson, WI; docks are right behind the large Afton House boats and felt the City needed to do a better job of advertising and promoting the availability of the public slips. Councilmember Polehna suggested the possibility of creating a pedestrian walkway from the slips into the City and other means of making it more welcoming for boaters. Councilmember Gag questioned why even non-boaters are aware of the availability of the Hudson docks and not aware of the docks at Stillwater. Councilmember Nyberg spoke of the issue of visibility, and he suggested that some simple signage along the shoreline might help the situation. Councilmember Gag said he thought the first step should be contacting boater groups for feedback and information before considering additional public docks. Councilmember Milbrandt said he thought the City could do many low-cost things, such City Council Meeting - 07-25 October 30, 2007 as signage and advertising on the City's website, and said he would be reluctant to spend any real capital dollars until the levee project is completed and the impact on the riverfront is known. Mayor Harycki said he would make a few phone calls to see about the possibility of getting an advisory group and soliciting feedback; Councilmember Polehna suggested that the Chamber should be involved, as recommended by the Mayor. Mayor Harycki agreed to take responsibility for the formation of the task force/advisory group. Discussion on parking ramp proposals City Administrator Hansen said he had obtained the requested additional financial information, including the values for the tax increment financing properties that the City is counting on to support the parking ramp project. Mr. Hansen stated the information he received is "bad news," condominium units now are selling for about $80,000 less than assessed values, so it is likely that assessed values will go down in 2009 and 2010. Utilizing that new information, the City's financial consultant did revised figures, which indicated that in a "best case" scenario, the TIF funding could support a $5.3 million project, versus the $6 million that was thought realistic six months ago. City Administrator Hansen suggested that it might be possible to scale back the number of stalls to get to a project the City could afford. Councilmember Milbrandt asked about the number of existing surface parking stalls; Community Development Director Turnblad said he would check on that. City Administrator Hansen noted the revised financial outlook does not include any additional TIF that is in the district, could be available, and does not include $159,000 in net TIF that the City will receive in 2007. He also pointed out there is a cushion in the projections related to federal rates, and the revised analysis does not include any additional revenues such as from the Lowell Inn, Trinity Church parking revenue. Mr. Hansen also noted that should the City fail to act by May 2008, due to the five-year rule related to the creation of TIF district, the City will lose this financing opportunity altogether. Mr. Hansen also touched on reasons not to move forward, including the lack of community-wide support for the project and the current economy. Mr. Hansen concluded that should the Council decide to proceed, it would be his recommendation that the Council allow staff to negotiate a "shut down date" with the selected architegtural/engineering firm; where the process would only go to a certain point, at which point the decision could be made to commit or not commit to the final project. Mayor Harycki expressed concern about the site location off Main Street and the walk to the southern end of downtown; he also expressed concern about the slowdown in the economy and committing to a large project at this time. Mayor Harycki also expressed concern about the cost of the project for obtaining a minimal increase in parking availability. Councilmember Gag asked about the City's options should the TIF district be decertified. City Attorney Magnuson explained the district would not be decertified, the change is related to the financing of an activity; if five years passes following a district's certification and an activity is not commenced either by the sale of bonds or other payments related to a project, an activity cannot receive TIF benefits or would be limited to 20 percent of the revenue from the district that could be spent on the activity in question. Page 2 of 13 City Council Meeting - 07-25 October 30, 2007 Councilmember Milbrandt pointed out that in reality, there is $5.7 million to support the project, and the City has not received any firm bids back from the three potential architectural/engineering firms. Councilmember Milbrandt suggested that as the City looks forward to developing the riverfront after the flood control project is completed, there will be the potential for eliminating parking that is obstructing the City's biggest asset, the St. Croix River, and this project will become an important piece in protecting and maximizing the riverfront. Administrator Hansen noted additional correspondence had been received from the three potential firms (included in the agenda packet); information from LSA, from actual projects completed, indicates a per stall cost ranging from $9,190 to $12,800. Councilmember Milbrandt pointed out that in all but one case, the final cost came in below the final estimate. City Administrator Hansen reiterated that the project could be sized to the City's budget. Councilmember Polehna agreed that the riverfront is the City's future, and this parking will be important to the future of the riverfront. Mayor Harycki agreed with that assessment, but spoke in favor of proceeding with some stopgap measures in place that the project could be put off should conditions warrant. Councilmember Nyberg agreed with the concern about the potential final cost due to the site. Councilmember Milbrandt spoke in favor of proceeding to the site evaluation phase of the project to get the real answers regarding cost, and he thought LSA provided the most practical, straightforward, engineering view of the project. Mayor Harycki said in his opinion, he thought LSA and Collaborative Design Group provided the best presentations. Councilmember Nyberg said he thought the SEH presentation was a bit better than the others were, and said he hoped that whichever group is selected, the City would renegotiate prices. Councilmember Gag agreed with Mr. Nyberg's comments regarding SEH. Councilmember Gag stated he felt most comfortable with SEH, with LSA right behind SEH. Councilmember Nyberg cautioned that a cheaper bid is not always the better bid, especially in a project of this magnitude. Councilmember Polehna agreed with Councilmember Milbrandt, that LSA provided the most practical approach to the project and the information that indicates the firm has done what it said it would do - final bids coming in below estimate. Councilmember Milbrandt said LSA seemed to have a much firmer engineering tone to their answers and practical approach to what they can and cannot do. Councilmember Nyberg expressed concern regarding site issues, and the potential that further into the project, LSA might not be able to make good on their estimates. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to direct Community Development Director Turnblad to begin negotiations with LSA, and if for some reason, an understanding cannot be reached; the matter will be brought back to Council. All in favor. Possible aeproval to purchase new boat -Fire Department Fire Chief Glaser reviewed the request to purchase a new boat. He stated it was recently discovered that the current boat, a 12+ year-old boat, has significant issues and is, in fact, not floatable. He stated the boat is of such an age, that the dealer will not guarantee any repairs and does not recommend that the current vessel be repaired. Chief Glaser said they had looked into potential replacement boats and found a firm that provided a government contract bid, the lowest bid that can be obtained, of $21,125 for Page 3 of 13 City Council Meeting - 07-25 October 30, 2007 a replacement. He said funding is available in funds that had been budgeted for the County's 800 megahertz radio system -the City budgeted $60,000 for its share of the system, and the City's share was reduced to $16,582 through a grant the County received. Councilmember Polehna questioned the amount of use the boat receives; Chief Glaser responded that the boat is used monthly for drills, but noted that the department has received numerous requests for water rescues in the past. Chief Glaser pointed out that this year, the department has gone out about 12 times for different water events, either on the river or inland waterways. Councilmember Polehna suggested a cheaper boat could be purchased and retrofitted to meet the department's needs for a lot less money than the recommended bid/purchase of $21,000. Chief ._ . _ Glaser responded that staff had talked with other dealers about options, and he highlighted features of the recommended boat. Chief Glaser also pointed out that they would sell the motor from the existing boat and receive some funding from doing that. Councilmember Polehna asked about the availability of grants to help with the purchase. Chief Glaser stated he could look into grant potentials, but questioned the amount of time involved in doing that and noted that currently the department has no boat for water rescue. Motion by Councilmember Nyberg, seconded by Councilmember Gag to adopt Resolution 2007-216, approving purchase of Rescue One boat for the Fire Department. Ayes: Councilmembers Gag, Milbrandt, Nyberg and Mayor Harycki Nays: Councilmember Polehna STAFF REPORTS Fire Chief Glaser reported that the City had been able to purchase an excess government generator at a cost of $1,000; actual list price of the equipment is over $50,000. He said the generator would be installed to provide backup power for the Public Works facility. Mayor Harycki referred to an accident.on Highway 96 and asked Public Works Director Sanders to talk with the County about turn lanes. Mr. Sanders responded that he had contacted MnDOT regarding the situation and that agency will be looking at two intersections on Highway 96, Oak Glen Trail and Oak Glen Drive. Councilmember Milbrandt questioned why the Neal intersection would not be included in the study; Mr. Sanders said he could request the inclusion of Neal in the study. Mayor Harycki raised a concern about safety issues at the intersection of Highway 96 and the road going into the Millbrook development. Mr. Sanders pointed out that intersection had been approved by MnDOT. City Administrator Hansen requested, and received, permission to schedule a joint meeting of the Council and the Brown's Creek Watershed District for the 4:30 p.m. session of the Dec. 3 Council Meeting, a Monday, due to the change in dates for the Truth in Taxation hearings. Mayor Harycki acknowledged the attendance of several students from Ms. Purcell and Ms. Ferguson's classes at Stillwater Area High School. Page 4 of 13 City Council Meeting - 07-25 October 30, 2007 RECESSED MEETING 7:00 P.M. Mayor Harycki called the meeting to order at 7:00 p.m. Present: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Finance Director Harrison Community Development Director Turnblad Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in reciting the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Nyberg, seconded by Councilmember Polehna to approve the October 16, 2007 regular meeting minutes. All in favor. OPEN FORUM There were no public comments. CONSENT AGENDA* (Roll-Call) Motion by Councilmember Gag, seconded by Councilmember Polehna to approve the Consent Agenda. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Resolution 2007-208, directing payment of bills Resolution 2007-209, approving the Labor Agreement between the City of Stillwater and Local Np. 49, International Union of Operating Engineers AFL-CIO for January 1 2007 -December 31, 2009 Resolution 2007-210, approving the Labor Agreement between the City of Stillwater and Stillwater Firefighter's Association for January 1, 2007 -December 31, 2009 Resolution 2007-211, approving the 2007-2009 Salary for the City Administrator Resolution 2007-212, approving health and dental insurance premiums and city contribution effective January 1, 2008 Approval of Special Event -Jingle Jam Concert -November 24, 2007 - St. Croix Events Resolution 2007-213, approval of agreement with John T. Ballis Resolution 2007-214, approval of agreement for snow removal services 2007-2008 Resolution 2007-215, resolution for community awareness on alcohol & drug abuse Approval to purchase Storm View and training for Public Works Page 5 of 13 City Council Meeting - 07-25 October 30, 2007 PUBLIC HEARINGS -Out of respect for others in attendance, please limit your comments to 10 minutes or less. There were no public hearings UNFINISHED BUSINESS Possible second reading of Ordinance No. 990, an ordinance of the City of Stillwater enacted to establish a local lodging tax Mayor Harycki asked the Council to consider removing the language in the ordinance that refers to approval by Oak Park Heights, suggesting that if that language remains, Oak Park Heights could start adding conditions to the ordinance that Stillwater might not want. The Mayor also asked the Council to keep an open mind regarding the request to exempt 13ed & Breakfast facilities. Mayor Harycki invited comments from representatives of the B&B Association. Ron Hannig, 704 First St. S., Stillwater, owner of the Lady Goodwood Bed & Breakfast, and president of the Stillwater B&B Association, stated the Association questions taxing what the City is trying to promote when Stillwater is trying to promote tourism, why tax overnight guests? He suggested it seems counterproductive to tax what the City is trying to promote. He also suggested that the data supporting the benefit of such a tax is questionable. He spoke of the "backlash" associated with a tax and suggested that 3% is not a "trivial" amount and if the proposed tax is such a good idea, why not have all the other tourism-related businesses increase their prices by 3% and place that money in a common pool for advertising, etc. He also stated that B&Bs are not the typical lodging establishments, and the implementation of such a tax would have a disproportionately higher burden on B&Bs. He also noted that B&Bs are a heavily regulated industry, restricted in the number of guest rooms, the number of special events, ~:tc., and would not benefit from some of the goals of CVB, such as promoting conventions and large meetings. He concluded by stating the B&B Association would like to sPe the ordinance amended to exempt small lodging establishments; he stated there is arecedence for doing that and the exemption is allowed by statute. In addition, he notea that at one point the B&Bs, the larger lodging establishments and the Chamber were united in support of the exemption of smaller establishments. He said the associatjon supports Stillwater and tourism, but wants to know whether the tax will help or hurt their individual businesses. Rita Graybill, 801 Pine St., owner of the Elephant Walk, Stillwater, spoke of the B&Bs efforts at promoting tourism and Stillwater. She noted that B&Bs are small businesses and suggested this tax is a non value-added tax. She also spoke of the added cost a 3% tax would add to her guests' bills. She reiterated comments regarding the B&Bs' efforts and money expended in advertising to promote Stillwater. She concluded by asking for an exemption for establishments of 10 rooms or less. Sandy Lynum, 626 N. Fourth St., Stillwater, read a statement from the owners of the Aurora Staples Bed & Breakfast stating they could not support the lodging tax based on well-respected, published reports and asked for the inclusion of an exemption for establishments of 10 rooms or less. Page 6 of 13 City Council Meeting - 07-25 October 30, 2007 Tom Lynum, 626 N. Fourth St., owner of the Sauntry Mansion B&B, said he thought there had been a meeting of the minds regarding the exemption for establishments of 10 rooms or less. He spoke of the difference between hotels and B&Bs and referred to sections of the City Code that recognizes the value of B&Bs in preserving historic homes; he also highlighted sections of the code related to the various restrictions placed on B&Bs, including the restrictions related to dining, signage, age of the structure and historical significance. He noted that for every $1 spent on lodging, $8 is spent on food and beverage, meaning that other lodging establishment owners have other means of revenue available to them, other revenues that are not available to B&Bs. He spoke of the difference in the business models for hotels and B&Bs that would srapport an exemption for establishments under 10 rooms. Erin Drews, who with her husband owns the Ann Bean Mansion, 319 W. Pine St., read a statement highlighting the differences between Bed & Breakfasts and the majority of the lodging industry, an "experience" vs. a "place to crash." The statement also referred to their efforts at promoting Stillwater and downtown businesses. She stated to support the proposed lodging tax would be against their best interests and business and stated their business would not thrive if they have to "tax Stillwater's best guests." The statement asked that they be allowed to "buy into" a Visitors' Bureau, just as they have been members of the Chamber. The difference between taxing guests and choosing to participate in an advertising outlet, the statement said, is enormous. Mike Robertson, 801 W. Pine St., also spoke of the difference between B&Bs and the remainder of the lodging industry and the inability to increase marginal revenues. He referred~to published studies of the hospitality industry that indicates the cost associated with a tax. He also spoke on behalf of the guests, suggesting they have no representation in this matter, other than the lodging people. He said he did not believe a tax is a reasonable thing to do, unless one believes that guests have an unlimited amount of discretionary income. Mayor Harycki returned the discussion to the Council. Councilmember Nyberg said he did not believe a 3% tax would affect the B&B's business and said he supported a CVB, but said he did not think athree-year period would be long enough to judge its success or failure. He said he did recognize the difference between B&Bs and the other lodging establishments and spoke in favor of an exemption for 10 rooms or less, along with a 5- yeartrial period and removing reference to Oak Park Heights from the ordinance. Mayor Harycki noted that B&Bs, as indicated by the Association spokespersons, don't have other revenue sources available that a hotel might have and spoke in favor of an exemption for B&Bs; he spoke in favor of removing all references to one-day rentals and removing references to Oak Park Heights. Councilmember Milbrandt noted that the Council has conceptually agreed to support a CVB and said he doesn't disagreed that B&Bs have a different business model from an establishment such as the Lowell Inn, but noted that various hotels in the City also operate on different business models; and therefore he could not support an exemption for one type of lodging establishments versus another, including the one-day rental houses. He stated the purpose of a CVB is to promote Stillwater, and suggested that a 3% tax would not keep anyone from traveling to Stillwater. He agreed with eliminating Page 7 of 13 City Council Meeting - 07-25 October 30, 2007 reference to Oak Park Heights, and stated he would be open to the three-year vs. five- yeartrial period. Councilmember Gag said after all considerations, for him, it comes back to consistency and promoting Stillwater. This is a lodging tax to promote Stillwater, apass-through tax, with the intent of bringing people to Stillwater. He stated he would not be in favor of extending the trial period to five years due to the many market factors that could come into play, and he would not favor a 10-room exemption. Councilmember Polehna agreed that the tax should be an across-the-board measure; he also spoke in favor of a three-year period and eliminating the reference to Oak Park Heights. Motion by Councilmember Milbrandt, seconded by Councilmember Gag to adopt Ordinance 990, an ordinance of the City of Stillwater enacted to establish a local lodging tax, deleting item 5 (effective date and reference to an Oak Park Heights ordinance). Councilmember Gag seconded the motion. Mayor Harycki again spoke in favor of the exemption for the B&Bs. Councilmember Nyberg spoke in favor of a longer period to determine the effectiveness of the tax. City Administrator Hansen said he was his understanding that there would be no administrative fee for the City; however, he noted there would be a fee from the Commissioner of Revenue to collect the tax, and he wanted it made clear that the City does not intend to pay the Commissioner of Revenue fee for the CVB. City Attorney Magnuson pointed out that the ordinance, in item No. 4, does authorize the City to deduct actual expenses from the proceeds of the tax. Councilmember Milbrandt amended his motion to change the wording of item 4 to indicate the City is authorized to deduct from the proceeds of the tax, their actual expenses associated with the administration of the tax as mandated by the State. Councilmember Gag agreed to amend the second., Ayes: Councilmembers Gag, Milbrandt, Polehna and Mayor Harycki Nays: Councilmember Nyberg Mayor Harycki noted that there had been a request for assistance of staff, specifically the City Attorney, in drafting the bylaws for the CVB. City Attorney Magnuson said he would be happy to be of assistance. Mayor Harycki also asked that staff or the Planning Commission look at the issue of lighting of signage for B&Bs and noted that someone should be appointed to work with the CVB Board. He volunteered to serve as the Council representative on the CVB Board. The Council accepted the Mayor's offer to serve on the,CVB Board. Councilmember Milbrandt pointed out that as no exemption had been granted to the B&Bs, that Association also is entitled to have representation on the CVB Board. NEW BUSINESS Possible adoption of revised Park policies Community Development Director Turnblad reviewed the proposed policies for use and reservations for all City parks. He stated the policy formalizes unwritten policies that have been followed in the past. The only change, he stated, relates to weddings, which, as proposed, will require reservations, damage deposit, and fee for non-residents for use of park open space. Councilmember Nyberg spoke of conflicts that had occurred in the past with two wedding parties in the same park. Mayor Harycki wondered whether there might not be a similar conflict should another group, such as a Scout group, show Page 8 of 13 City Council Meeting - 07-25 October 30, 2007 up for a gathering in a park at the same time as a wedding is scheduled. Mr. Turnblad explained there had been no problems in the past with other groups, the only problems related #~ wedding parties. Councilmember Milbrandt questioned the policy that precludes reservation of any park or ball field on the 4t" of July or during Lumberjack Days; Councilmember Milbrandt noted the agreement for Lumberjack Days specifies Pioneer Park and Lowell Park, and he wondered why it should not be possible to use other City parks during the weekend, with the possible exclusion of Washington Square during the parade. Councilmember Milbrandt stated he would like to see some "wordsmithing" of that policy or perhaps expanding the Lumberjack Days agreement to include Pioneer Park, Lowell Park and Washington Square during the parade and eliminating that policy (No. 7 under general park rules/policies) altogether. Councilmember Milbrandt also suggested that the non- resident rental rate for the gazebo seemed rather low. Councilmember Nyberg said he did not think the Park Board would object to an increase in those rates for non- residents. Councilmember Polehna said he has never been in favor of resident/non- resident fees, and spoke of the difficulty of verifying residency. Councilr~~ember Polehna asked whether the Park Board had looked at the issue of commercial use of the parks, for example, using a park for shooting of a commercial, movie or advertisement; Councilmember Nyberg said he didn't remember that issue being raised, only discussion of profit vs. not-for-profit groups. City Administrator Hansen noted that the City does have a separate ordinance related to motion pictures/commercials; rather than address the issue haphazardly, he suggested that staff be directed to look into the rates in that ordinance. Councilmember Polehna suggested the City will be seeing additional requests in the future, and those folks should be paying for use of a park facility. City Attorney Magnuson said he thought the issue should be addressed in the park policy. It was agreed to refer the issue of commercial use of parks to the Park Board. Mayor Harycki said he had received a call regarding the policy on parks closing for winter, noting that daylight saving has been extended, and asked that the Park Board look into that issue as well. Councilmember Polehna spoke of the potential for problems with pipes freezing should winter closing be extended several weeks. City Administrator Hansen agreed with Mr. Polehna's concern, noting that Teddy Bear Park was closed mid-Oct~ber,primarily to prevent the possible of freeze-up of pipes. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Resolution 2007-217, approving City of Stillwater park regulations, eliminating the reference to Lumberjack Days in item No. 7, with the issue of commercial use to come back as a separate item. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Possible approval to advertise for bids for Maryknoll Lift Station upgrades Public V`~orks Director Sanders reviewed the request to advertise for bids for the lift station. Sie explained that no major repairs have been done to the lift station since it was Page 9 of 13 City Council Meeting - 07-25 October 30, 2007 installed some 40 years ago in conjunction with the Croixwood development. He said the valves are inoperable. Estimated cost is $85,000, with the cost to be paid for with Sanitary Sewer and Capital Outlay funds; the project has been budgeted for. The request is to approve plans and specs and authorize advertising for bids; if approved, bids would be brought back to the Council at the November 20 meeting. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Resolution 2007-218, approve plans and specifications and ordering advertisement for bids for Maryknoll Lift Station Improvement and Upgrade Project (Project 2007-08). Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Possible approval of crosswalk policy Public 1/~/orks Director Sanders stated the crosswalk policy was prepared at the Council' ~ request. He noted that according to statute, in the state of Minnesota, all intersections, by default, are legal crosswalks. He said he did some research and found there is no compelling study that indicated the effectiveness of marked crosswalks. He said a study by the Federal Highway Administration found there is a significant increase in the likelihood of being involved in an accident at a marked crosswalk vs. an unmarked crosswalk, due to the pedestrians' assumption that at a marked crosswalk drivers know they must yield, while pedestrians are more cautious at an unmarked crosswalk. Mr. Sanders reviewed the proposed policy and guidelines, primarily taken from the State of Minnesota, the Federal Highway Administration and the North Central Institute of Traffic Engineers and some other communities in the metro area. Councilmember Gag asked if the policy is adopted whether staff would then look at areas in the City that might need crosswalks according to the guidelines. Mr. Sanders said he ~~hought the next step would be to look at all City parks and schools and determine if there are established routes and install crosswalks if need be; however, he noted there might be other locations where existing crosswalks could be removed. Councilmember Nyberg asked that senior citizens locations be looked at also. Mayor Harycki spoke of the area by Rice Park at the top of Myrtle, and suggested perhaps a crosswalk and some of the state pedestrian poles might offer some safety for that neighborhood. City Administrator Hansen said he had observed the pedestrian poles on North Main Street and that measure appears to be working well. Motion by Councilmember Polehna, seconded by Councilmember Nyberg to adopt Resolution 2007-219, approval of crosswalk policy. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Discussion of fees for sanitary and water connections for infill lots and lot splits Public V'Jorks Director Sanders said in the last few years, the City has seen some lots in the northern part of town split into two lots. When the lots are split, the newly created lots are connecting to sewer/water. He noted the property owners are paying the permit fees, SAC (sewer availability charge) and WAC (water availability charge) charges. However, he noted that according to City Code, no person should be allowed to connect Page 10 of 13 City Council Meeting - 07-25 October 30, 2007 to City sewer unless they have paid an assessment or equivalent cost. What is proposed, he explained, is a fee for new sewer and water hookups for lot splits for $3,200. He said the fee is what is charged for the hookup charges in the annexation area and is comparable to the trunk sewer and water main charges for the developments in the annexation area. The fee would not be charged to properties in new developments where the developer has paid the trunk fees or to properties in the North Hill or South Hill project areas that were assessed for sewer and water. The fee would only apply to a lot split where the existing homeowner probably paid a sewer assessment many years ago, but the new lot has not paid any connection fee. Councilmember Nyberg asked about the amount of WAC and SAC charges the City collects on a single lot split. Mr. Sanders estimated the charges amount to about $2,800, plus a water meter fee and inspection fee. However, the SAC charge is a Metropolitan Council charge, and the WAC charge is a Water Board fee, so the only money actually received by the City is the $100 building inspection fee. City Administrator Hansen clarified that the proposal is to institute a $3,200 fee for sewer hookup and $3,200 for water, a total of $6,400. Councilmember Polehna moved to adopt the proposed sanitary sewer and water connection fees of $3,200. Councilmember Gag seconded the motion. Councilmember Milbrandt asked that this matter be tabled for further consideration, saying he was unaware the proposal represented a total of $6,400. Councilmember Nyberg pointed out this fee is not for a developer, developing a piece of land; generally, the fee would impact a current homeowner who has had a lot for a number of years and perhaps is looking at a lot split as part of their retirement. Councilmember Nyberg said he, too, would like to table this issue for further consideration. Councilmember Polehna withdrew his motion; Councilmember Gag withdrew the second. It was agreed to table to the next Council meeting. Mr. Sanders asked if the Council needed any additional information. Councilmember Milbrandt said he did not need any specific information, but suggested that perhaps the charge include a CPI provision. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS/REQUESTS COUNCIL REQUEST ITEMS Councilmember Polehna told the Council he had been working with a Veterans group on a plan to obtain cannons on the riverfront for this year's Fourth of July celebration. He said they had discovered this will be the 150t" year for fireworks in Stillwater, and they would like to submit a grant request to the Sesquicentennial Committee to help pay for the cannons. He asked the Council to endorse his working with Mr. Turnblad or Planner Pogge to submit a grant to help support the 4~" of July celebration. Council was in favor of Mr. Polehna proceeding with the grant application and plans for the celebration. Mayor Harycki asked if staff could work with a neighbor of the library to install a nicer sign, indicating private parking. City Administrator Hansen said staff has been trying to work with the resident, noting that a sign had been installed and stolen. Mayor Harycki also told the Council that there has been an inquiry regarding a cell tower coming into the City and suggested that staff be directed to look into measures that the City might Page 11 of 13 City Council Meeting - 07-25 October 30, 2007 want to implement to enhance the appearance of cell towers and tighten up the City's current policy related to cell towers. Mayor Harycki also noted that the City of Oak Park Heights had won its Municipal Consent challenge related to the Highway 36 project and wondered if that had any impact on Stillwater. City Attorney Magnuson pointed out that the City had gone on record adopting MnDOT's position in the matter and did not think the ruling is precedent - it is a district judge's decision locally. Mr. Magnuson said he was not sure what MnDOT's position would be or whether the agency will appeal. Mr. Magnuson said if the City proceeds under the old law, it would have to revisit all of the agreements with MnDOT made in the Memorandum of Understanding. Mayor Harycki pointed out that the City had asked MnDOT whether it would be able to provide the City with any assistance with traffic abatement until the new bridge is built, and the agency essentially said there was nothing it could do. With recent information that indicates the bridge timetable may be pushed past 2024, Mr. Harycki suggested that at some point, the City might want to go back to MnDOT with a request for traffic abatement measures, and this Municipal Consent decision may provide a vehicle for doing that. City Administrator Hansen ~~aid he had a discussion with a MnDOT staff person and he told that person that for row, it was Mr. Hansen's opinion that the City would honor its prior agreement under the new law, but the City may change that position and talk about additional traffic control if a new bridge, in fact, won't be built until 2024 or beyond. Councilmember Milbrandt suggested that perhaps this court decision could be used to persuade MnDOT to support state legislation to eliminate truck traffic using the Stillwater lift bridge. City Administrator Hansen stated he had talked with the administrator in St. Croix County and asked if that County Board would support a resolution similar to the one adopted by the City of Stillwater and Washington County supporting the proposed legislation eliminating the truck traffic. Councilmember Milbrandt thanked Mr. Sanders and his staff for their cooperation in the cleanup of the Eagle Ridge path area. ADJOURNMEP9T Motion by Councilmember Polehna, seconded by Councilmember Nyberg, moved to adjourn at 8:46 p.m. All in favor. ATTEST: ~~G~~~~ Diane F. Ward, City Clerk Page 12 of 13 City Council Meeting - 07-25 October 30, 2007 Resolution 2007-208, directing payment of bills Resolution 2007-209, approving the Labor Agreement between the City of Stillwater and Local No. 49, International Union of Operating Engineers AFL-CIO for January 1, 2007 -December 31, 2009 Resolution 2007-210, approving the Labor Agreement between the City of Stillwater and Stillwater Firefighter's Association for January 1, 2007 -December 31, 2009 -- - - Resolution 2007-211, approving the 2007-2009 Salary for the City Administrator Resolution 2007-212, approving health and dental insurance premiums and city contribution effective January 1, 2008 Resolution 2007-213, approval of agreement with John T. Ballis Resolution 2007-214, approval of agreement for snow removal services 2007-2008 Resolution 2007-215, resolution for community awareness on alcohol & drug abuse Resolution 2007-216, approving purchase of Rescue One boat for the Fire Department Resolution 2007-217, approving City of Stillwater park regulations Resolution 2007-218, approve plans and specifications and ordering advertisement for bids for Maryknoll Lift Station Improvement and Upgrade Project (Project 2007-08 Resolution 2007-219, resolution adopting pedestrian crosswalk policy Ordinance 990, an ordinance of the City of Stillwater enacted to establish a local lodging tax Page 13 of 13