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HomeMy WebLinkAbout2008-08-12 CC MIN THE IIIT",LACE Of MINNESOTA City Council Meeting August 12,2008 REGULAR MEETING 4:30 PM Vice Mayor Milbrandt called the meeting to order at 4:30 p.m. Present: Absent: Councilmembers Gag, Nyberg, Polehna and Vice Mayor Milbrandt Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders Assistant City Engineer Kraftson OTHER BUSINESS Update on safety or storm ponds and catch basins on the North Hill proiect Assistant City Engineer Kraftson stated this issue was raised during the annual public storm water meeting on May 6, at which time several concerns were raised about the safety of catch basins with large openings and the safety of several storm water ponds. Since that time, staff met with a representative of the League of Minnesota Cities, Josh Fitch, who took photos of some of the older catch basins and also visited the two storm water ponds that were singled out as being of concern. Mr. Kraftson informed the Council that Mr. Fitch has recommended that the City upgrade some of the older style catch basins and document a program to upgrade those. Mr. Kraftson said Mr. Fitch did not have any specific safety concerns regarding the storm water ponds, but did note the pond at Second and Hazel has the Zephyr railroad track running along the north side and did recommend that a "no trespassing" sign be placed adjacent to the railroad right- of-way to limit unauthorized access; fencing was not recommended. Mr. Kraftson said an inventory of 157 catch basins has been completed and there are 77 of the old Type I catch basins with openings ranging from 3 to 15 inches, 10 Type II basins with openings ranging from 6-8 inches, and 70 of the Type III basins with openings of 6 inches. Most of the Type I basins are located in the North Hill area. Staff is recommending that the City continue to replace the obsolete, outdated basins in conjunction with street reconstruction projects and accelerate the replacement of the older basins with the largest openings. He said the recommendation is to have Public Works replace 4-6 catch basins each year. Estimated cost is $4,500 per structure, which could be funded City Council Meeting August 12, 2008 from the Storm Water Utility Fund. He said the basins with the largest openings, 10-15 inches, could all be replaced within the next 4-6 years according to that schedule. The focus then would be on replacement of the basins with 7-9 inch openings. No replacement is planned for the Type III basins. Regarding th~ storm water ponds he stated that a "no trespassing" sign will be placed on the north side of the pond at Second and Hazel and staff will continue its schedule of required pond inspections for the MS4 permit and observe the ponds for any inappropriate use. Councilmember Polehna asked about plantings that might inhibit people from gaining access to the ponds, but not inhibit water flow; Mr. Kraftson said most of the ponds are surrounded by tall grass, no-mow area, but that staff could look into that possibility. Motion Councilmember Nyberg, seconded by Councilmember Gag to direct staff to implement the catch basins replacement program and storm water pond measures as presented. Councilmember Polehna asked that the motion include directing staff to look into the option of the planting barriers, especially on the ponds with steeper slopes. Councilmember Nyberg agreed to make that part of the motion, Councilmember Gag seconded amendment. All in favor. STAFF REPORTS Police Chief Gannaway reported on Lumberjack Days activities, noting that this was a quiet year. He said overall, there was about a 36 percent reduction in calls and ICRs. Incidents such as assaults and disturbing the peace were down between 20 and 30 percent. Chief Gannaway stated the intent is to commit 6 to 8 officers to the City of St. Paul for five days during the Republican National Convention. He stated the City's department will be fully staffed, and the City reserves the right to recall the local officers if need be. Vice Mayor Milbrandt asked if any events would be held locally. Chief Gannaway noted there is security issues involved in responding to that question however one officer is assigned to gathering information about potential convention activity/disruptions and that information is changing constantly. Fire Chief Glaser gave an update on the fire department's activities during Lumberjack Days, including the number and types of calls and the hours spent on code enforcement activities; activities and events staffed by fire department personnel; and total number of staff hours. He stated that the department has not committed nor been asked to commit staff to Republic National Convention-related activities. Community Development Director Turnblad told the Council that construction drawings for the parking ramp are about 50-75 percent complete and it appears the number of parking spaces will be close to the 313 maximum number previously estimated. He said LSA Design has found a way to use hand-laid masonry on all four sides and at an affordable cost. The target date to send the project out to bids is September 9 with bids due on October 14. If that timetable remains on schedule, bids could be awarded on October 21, with a possible start date of November 1. Construction is projected to take Page 2 of 11 City Council Meeting August 12, 2008 10 months. He stated that an interim parking arrangements is being developed for Lowell Inn guests and impacted businesses; and that the plan will be brought to the Parking Commission for input. Public Works Director Sanders reported the seal coat project is complete, and the contractor will be sweeping the streets for any loose gravel in the next few days. He invited property owners who experience problems regarding the sweeping/clean up to contact Public Works. Vice Mayor Milbrandt asked about the bridge repairs and whether heavy trucks are still banned. Mr. Sanders reported the repairs have been completed and the bridge opened several days ahead of schedule with the bridge open to trucks of all sizes. Vice Mayor Milbrandt recessed the meeting at 5:00 p.m. RECESSED MEETING 7:00 PM Vice Mayor Milbrandt called the meeting to order at 7 p.m. Present: Absent: Councilmembers Gag, Nyberg, Polehna and Vice Mayor Milbrandt Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders PLEDGE OF ALLEGIANCE Finance Director Harrison led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Nyberg, seconded by Councilmember Polehna to approve the special and regular meeting minutes of July 15, 2008, and minutes of the special meeting of July 22, 2008. All in favor. OPEN FORUM Karen Kramer, 1904 N. Fifth St., read a statement regarding her assessments ($15,290) for the North Hill sewer project. The statement indicated in order to keep her home; she applied for a simple lot split, which included a condition regarding utility hookup fees, with no amount stated. She stated that when she called to inquire about the hookup Page 3 of 11 City Council Meeting August 12,2008 fees; she was told there is a $12,500 fee for sewer, $12,500 fee for water, plus a $2,000 park fee and $500 for trail construction. She said she was told the fees were assessed in order to discourage development of the parcel, and that she was unaware of any other property in Stillwater where assessments have been placed to deter development. She also stated she checked with surrounding communities and found no other where there were such high assessments, especially since the primary lot was already assessed. She stated including the $15,290 assessment for her lot, and $27,500 for the lot split, she will be paying $42,790 to basically stay in her home. She asked the Council to reconsider the assessment on the subdivided lot. City Attorney Magnuson stated that the actual cost per dwelling or per hookup to construct the North Hill project was about $45,000, pointing out the enormous subsidy involved in the $15,000 assessment. He stated that the rationale for the assessment for vacant lots, those held for resale or speculation, was that those lots should not get the full benefit of the subsidy the City provided for the existing homeowners. Ms. Kramer said she understood that, but felt the only way she can keep her house is to sell part of her property because the original assessments are so high. Vice Mayor Milbrandt pointed out that residents in the North Hill project area paid about 28 cents on the dollar for the cost of construction and noted that in other projects, without the extenuating circumstances of the North Hill project, residents are assessed about 50 percent of the cost. Vice Mayor Milbrandt also pointed out that the $27,500 for the lot split will only be assessed when the lot is sold and the new homeowners hook up to services. Vice Mayor Milbrandt pointed out this issue has been discussed before, and the conclusion has been that this is an equitable settlement for the residents of the area. City Attorney Magnuson pointed out it would require a very formal procedure to modify the assessment role, as the assessment are pledged toward the repayment of the bonds. Ms. Kramer asked the Council to consider doing just that, suggesting this issue likely will come up again in the future when others start to consider resubdividing their property. Councilmember Nyberg said he would be willing to entertain additional discussion on the issue. Councilmember Gag pointed out the Council just had a similar discussion and it was a 4-1 vote in establishing the assessment policy for the North Hill project. Vice Mayor Milbrandt restated the position of the Council that the subsidy of the original assessment for the North Hill project should go to existing homeowners due to their efforts in obtaining state grant monies and other efforts, and that those developing future lots would not receive that same level of subsidy and that the decision was reaffirmed by the Council just six months ago. Councilmember Polehna asked about the assessment for parks/trails; City Attorney Magnuson explained that it is the subdivision that results in those assessments. CONSENT AGENDA Motion by Councilmember Gag, seconded by Councilmember Nyberg to approve the Consent Agenda. Ayes: Councilmembers Gag, Nyberg and Vice Mayor Milbrandt Abstain: Councilmember Polehna Resolution 2008-95, directing payment of bills Page 4 of 11 City Council Meeting August12,2008 Resolution 2008-96, approving election judges and fixing compensation Resolution 2008-97, accepting work and ordering final payment for 2007 Sidewalk Rehabilitation Project (2007-05) Resolution 2008-98, accepting work and ordering final payment for Stillwater Clinic Pond Project (2005-07) Possible approval to purchase high resolution digital camera - Community Development Possible approval to purchase permit and case tracking software - Community Development Possible approval to renew licenses for backup software for the City's servers - MIS Possible approval of Utility Bill Adjustments Possible approval of Fire Prevention Week Sign/Banner placements Possible approval to purchase posts & fence around basketball & tennis courts - Lily Lake Park Possible approval to use Lily Lake Tennis Court for the selling of Christmas Trees - Stillwater Elks PUBLIC HEARINGS This is the date and time for a public hearinq to consider the application for a new 3.2 percent On-sale liquor License for Minnesota Winegrowers Cooperative, DBA: Northern Vineyards, located at 223 N. Main St. Applicant Robin Partch. Notice was published in the Stillwater Gazette on Auqust 1. 2008. Finance Director Harrison stated approval should be contingent upon approval by Police, Fire, Finance and Building departments and Minnesota Liquor Control. Vice Mayor Milbrandt opened the public hearing. No comments were received, and the hearing was closed. Motion by Councilmember Polehna, seconded by Councilmember Gag to adopt Resolution 2008-99, approving an on-sale 3.2% liquor license for Minnesota Winegrowers Cooperative; DBA: Northern Vineyards. Ayes: Councilmembers Gag, Nyberg, Polehna and Vice Mayor Milbrandt Nays: UNFINISHED BUSINESS Emerqency Operations Center information Police Chief Gannaway reviewed the proposal to upgrade the existing police/fire training room at City Hall so it can also serve as an emergency operations center. He said money has been budgeted for the needed upgrades. Councilmember Polehna asked why it would not be possible to co-locate with Washington County; Chief Gannaway Page 5 of 11 City Council Meeting August 12, 2008 explained that there would be problems with access to the City's departmental technology. Motion by Councilmember Nyberg, seconded by Councilmember Gag to authorize Chief Gannaway to proceed with the proposal to convert the police/fire training room to serve as an emergency operations center. All in favor. NEW BUSINESS Appointinq members to the Downtown Sandwich Board Task Force Vice Mayor Milbrandt reviewed the names of people who have indicated a willingness/interest in serving on the Downtown Sandwich Board Task Force. It was noted that there is one opening remaining, an additional at-large represesntative. Motion by Councilmember Gag, seconded by Councilmember Polehna to accept the membership of the Downtown Sandwich Board Task Force as submitted. All in favor. Possible approval of storm sewer improvements at the intersection bf Greelev Street and Curve Crest Boulevard Public Works Director Sanders explained there have been numerous complaints regarding flooding that occurs at the intersection of Greeley and Curve Crest Boulevard and noted there is only one catch basin on the east side of the intersection. He said the proposal includes adding some catch basins to lessen the possibility for flooding. Two quotes were received, with the low quote from Fuhr Trenching at $34,000. It was noted the project would be funded from the Storm Water Utility Fund. Councilmember Polehna asked if the County would contribute any funding as Greeley is a county road. Mr. Sanders responded that he had been told the work is the City's responsibility. Motion by Councilmember Nyberg, seconded by Councilmember Polehna to adopt Resolution 2008-100, accepting quotes and awarding contract for Curve Crest Boulevard Drainage Improvements Project (Project 2008-03) Ayes: Councilmembers Gag, Nyberg, Polehna and Vice Mayor Milbrandt Nays: None Discussion of the Planninq Commission motion to allow increased siqnaqe in the West Business Park Community Development Director Turnblad explained the Planning Commission has recommended that the Council consider amending the ordinance for the West Business Park to allow for additional signage. He explained that currently one sign is allowed - either a building sign or a monument sign, but not both. He noted that there are a number of businesses in the West Business Park that do have both types of signs, many granted through variances. He said the recommendation is to direct staff to either Page 6 of 11 City Council Meeting August 12, 2008 leave the ordinance as is or to begin the process of looking at whether two signs at each business are appropriate. Councilmember Nyberg said he had observed that many of the businesses in the area have the two signs; however he was concerned by the particular incident that prompted this recommendation/discussion. There was discussion about perhaps changing the City's ordinance to be consistent with Oak Park Heights, which is the governing jurisdiction for more than half of the Highway 36 business corridor. Motion by Councilmember Gag, seconded by Councilmember Polehna to direct staff and Planning Commission to look at the possibility of developing new signage regulations, with a recommendation to be brought back to Council. All in favor. Discussion of the Park Board motion reqardinq a permit fee for use of City property to film movies or commercials Community Development Director Turnblad explained this proposal came about as the City was looking at ways to generate additional revenue. He stated that the Park Board didn't feel the number impact by such a fee would be very great and recommended that rather than charging an additional permit fee, the City continue its current policy of charging for any City costs involved in the filming. It was noted that students and non- profit groups would be exempt from any fee. Councilmember Nyberg explained that it was the Park Board's feeling that the numbers didn't justify spending staff time for perhaps 3 to 6 permits per year. Councilmember Nyberg also explained that part of the Park Board's position was based on the fact that the City doesn't charge for use of its parks unless it involves a request for a designated pavilion area or exclusive use of a particular park. Councilmember Nyberg stated while he was the lone dissenting vote on the Park Board, he would support with the Park Board's recommendation. Councilmember Polehna stated he believed that if City facilities are being used for a commercial venture and the general public is being precluded from using a park, the user ought to pay a fee. Councilmember Gag said he would go with the recommendation of the Park Board and pointed out that filming of movies or commercials results in positive publicity for the City. Motion by Councilmember Nyberg, seconded by Councilmember Gag to leave the ordinance as it is, with no permit fee other than recouping City's costs. Ayes: Councilmembers Gag, Nyberg and Vice Mayor Milbrandt Nays: Councilmember Polehna Possible acceptance of bids and awardinq of contract for the 2008 Sidewalk Proiect Public Works Director Sanders stated two bids were received for the sidewalk project, with the low bid submitted by Curb Masters Inc. at a cost of $34,390. Councilmember Polehna asked if additional properties could be included as the bid is less than the engineer's estimate. Mr. Sanders explained that could be dOr;1e if the property owner agrees to the assessment and signs a waiver of appeal. Page 7 of 11 City Council Meeting August 12, 2008 Motion by Councilmember Nyberg, seconded by Councilmember Gag to adopt Resolution 2008-101, accepting bid and awarding contract for 2008 Sidewalk Rehabilitation Project (Project 2008-05). ' Ayes: Councilmembers Gag, Nyberg, Polehna and Vice Mayor Milbrandt Nays: None Stillwater Water Board well house in Leqend's Park Planner Pogge reviewed the background of the Water Board',s request to locate a new well/well house in Legend's Park. He stated the Water Board has indicated it is willing to donate $80,000-$90,000 to the park system for use of the site. He stated the Parks Commission held a neighborhood open house on July 28. He stated no one in attendance at the open house had a concern with the well, but did indicate some concerns regarding the architecture of the well house and asked that the funds the Water Board will be donating be designated for improvements to Legend's Park, including turf improvements, irrigations system, playground improvements and consideration of a new picnic pavilion. The Parks Commission voted 5-0 to recommend Council approval of the Water Board's request subject to the funds being used in Legend's Park and subject to review by the Park Board, along with the Council, of the final design of the well house. Robert Benson and Vern Jacobson were present representing the Water Board. Mr. Jacobson reviewed some of the well house designs that have been done in the past, noting that the architectural design can accommodate neighborhood desires. Mr. Jacobson said the Water Board will either let the Park Board spend the park improvement money or incorporate the Park Board's request into the Water Board's design package. Mr. Jacobson also reviewed the project construction schedule. Mr. Pogge stated the Legend's Homeowners Association would like to play an active role in developing the design of the well house. Motion by Councilmember Gag, seconded by Councilmember Nyberg to approve the well house in Legend's Park. All in favor. Possible approval of parkinq maintenance aqreement between the City. SuperValu Inc. and Veteran's Memorial Committee City Administrator Hansen explained that last year the Veteran's Memorial Committee approached the City with a proposal to upgrade the maintenance of the River View parking lot. As a result an assignment agreement was worked out between SuperValu, the City and Veteran's Memorial Committee in which the Memorial Committee basically took over maintenance of the parking facility. The agreement was a one-year trial arrangement and that SuperValu and the Veteran's Memorial Committee are satisfied with the way the arrangement has worked and the recommendation is to extend the agreement for another three years. Page 8 of 11 City Council Meeting August 12, 2008 Motion by Councilmember Nyberg, seconded by Councilmember Gag to adopt Resolution 2008-102, approval of assignment between the City of Stillwater, Supervalu, Inc., and the Veterans' Memorial. Ayes: Councilmembers Gag, Nyberg, Polehna and Vice Mayor Milbrandt Nays: None Stop Siqn Control Modifications Public Works Director Sanders explained that several years ago the City hired a consultant to conduct a stop sign study which resulted in the recommendation for the addition of a number of stop signs. Mr. Sanders said the proposal is to add stop signs at five locations as recommended in the study: westbound stop sign at River Heights Drive and North Second Street; westbound stop sign at Sycamore and North Second Street; westbound stop sign at Laurel and North Second; southbound sign at Olive and South Fourth Street; and westbound stop sign at Stillwater Avenue and North Fourth Street. Also recommended are signs at the north and southbound lanes at Williams Street at Maple due to limited sight distance. He stated that if approved, notices will be sent to area residents regarding the modifications. City Administrator Hansen asked when the signs would be installed, if the Council approved the changes. Mr. Sanders said the signs would be installed before winter. Motion by Councilmember Nyberg, seconded by Councilmember Polehna to adopt Resolution 2008-103, resolution approving the 2008 Traffic Control Sign changes. Ayes: Councilmembers Gag, Nyberg, Polehna and Vice Mayor Milbrandt Nays: None Possible adoptions of resolutions amendinq Resolutions 2003-230 and 2004-188 relatinq to Taxable Tax Increment Revenue Note (Territorial Sprinqs LLC Project). Series 2003 and 2004 City Attorney Magnuson explained that the requests are related to mandatory call dates on the revenue bonds sold for the Terra Springs Project. He said there is no full faith and credit of the City involved, rather it's an accommodation to the holders of the bonds to extend the call date with the hope that market conditions will improve. Motion by Councilmember Gag, seconded by Councilmember Nyberg to adopt Resolution 2008-104, a resolution amending Resolution No. 2003-230, a resolution awarding the sale of, and providing the form, terms, covenants and directions for the issuance of a Taxable Tax Increment Revenue Note (Territorial Springs, LLC Project), Series 2003 Ayes: Councilmembers Gag, Nyberg, Polehna and Vice Mayor Milbrandt Nays: None Page 9 of 11 City Council Meeting August 12,2008 Motion by Councilmember Gag, seconded by Councilmember Nyberg to adopt Resolution 2008-105, a resolution amending Resolution No. 2004-188, a resolution awarding the sale of, and providing the form, terms, covenants and directions for the issuance of a Taxable Tax Increment Revenue Note (Territorial Springs, LLC Project), Series 2004 Ayes: Councilmembers Gag, Nyberg, Polehna and Vice Mayor Polehna Nays: None PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Vice Mayor Milbrandt commended Councilmember Polehna for his proactive role in getting traffic control measures put into place for the Manning Avenue project. ADJOURNMENT ATTEST: Lar~~?en,~nislralor Resolution 2008-95, directing payment of bills Resolution 2008-96, approving election judges and fixing compensation Resolution 2008-97, accepting work and ordering final payment for 2007 Sidewalk Rehabilitation Project (2007-05) Resolution 2008-98, accepting work and ordering final payment for Stillwater Clinic Pond Project (2005-07) Resolution 2008-99, approving an on-sale 3.2% liquor license for Minnesota Winegrowers Cooperative; DBA: Northern Vineyards . Resolution 2008-100, accepting quotes and awarding contract for Curve Crest Boulevard Drainage Improvements Project (Project 2008-03) Resolution 2008-101 accepting bid and awarding contract for 2008 Sidewalk Rehabilitation Project (Project 2008-05) Resolution 2008-102, approval of assignment between the City of Stillwater, Supervalu, Inc., and the Veterans' Memorial Resolution 2008-103, resolution approving the 2008 Traffic Control Sign changes Resolution 2008-104, a resolution amending Resolution No.. 2003-230, a resolution awarding the sale of, and providing the form, terms, covenants and directions for the issuance of a Taxable Tax Increment Revenue Note (Territorial Springs, LLC Project), Series 2003 Resolution 2008-105, a resolution amending Resolution No. 2004-188, a resolution awarding the sale of, and providing the form, terms, covenants and directions for the Page 10 of 11 City Council Meeting August 12, 2008 issuance of a Taxable Tax Increment Revenue Note (Territorial Springs, LLC Project), Series 2004 Page 11 of 11