Loading...
HomeMy WebLinkAbout2007-03-06 CC MINCITY OF STILLWATER CITY COUNCIL MEETING NO. 07-06 March 6, 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 Public Works Director Sanders Finance Director Harrison Deputy Fire Chief Ballis Acting Police Chief Peterson City Clerk Ward OTHER BUSINESS Chamber of Commerce Update Jennifer Severson, executive director of the Greater Stillwater Chamber of Commerce, thanked the Council for the opportunity to appear before the Council on a regular basis. She provided a handout of the Chamber's initial proposal for the creation of a Greater Stillwater Convention and Visitor Bureau (CVB) to be funded by a lodging tax. She noted the proposal includes a proposed structure and budget. She briefly highlighted the potential economic benefit of a CVB, including the potential for an additional $2 million in wages and $5 million in gross sales. She also referenced a community comparison in the packet of materials. The proposed timeline, she stated, anticipates possible approval from participating communities prior to May 1, 2007, followed by a six-month planning period. Ms. Severson also updated the Council on the reorganization of the former Historic District Committee into a Downtown Merchants Association; she stated a strategic planning process has been initiated to establish a new vision, objectives and goals. Councilmember Milbrandt asked whether consideration had been given to an entertainment district tax or general sales tax versus a lodging tax. Ms. Severson responded there had been some discussion of that, and while there are other options, a lodging tax is the approach at this point. Mr. Gag asked about the enabling legislation, whether all proceeds must be obligated for tourism-related activities or whether some of the proceeds could be used for improvements in the downtown area. Ms. Severson stated the legislation obligates all of the money to tourism marketing; the City could collect a 5 percent administrative fee, according to the statute. City Council Meeting - 07-06 March 6, 2007 Ms. Severson introduced Curt Swanson, member of the CVB task force and Chamber treasurer, Curt Geissler, president of the Chamber, and Mark Berthelsen, Chamber secretary. B & B Association Tom Lynum, Sauntry Mansion, was present representing the Bed and Breakfast Association. He spoke of the symbiotic relationship between downtown merchants and other businesses, but urged that careful consideration be given before implementing a lodging tax. He suggested a lodging tax amounted to taxing "our best customers." He spoke of the inequity of the lodging tax, taxing an industry that accounts for less than 1 percent of the City's total economy. He also spoke of Stillwater's market, which he called a day market, versus other markets such as Duluth or Red Wing. He also referenced research regarding the negative affect of a lodging tax. He questioned the amount of money that would be generated by a lodging tax and noted that the city of Duluth had recently repealed its lodging tax and is looking instead at a general sales tax. He concluded by suggesting that there are a lot of big questions regarding a lodging tax proposal that should be answered. Councilmember Nyberg asked whether the Bed and Breakfast Association, as a group, supported a general sales tax. Mr. Lynum responded that as a group, the Association believes there are other options to be explored. Councilmember Milbrandt asked whether the Association was in support of the formation of a Visitors Bureau. Mr. Lynum responded he thought no one in the Association would dispute the need to get the message across to visit Stillwater, but suggested there is a need to be cognizant of the differentiation in the market. STAFF REPORTS Community Development Director Turnblad reported that a staff level kickoff meeting for the start of the Comprehensive Plan update process would take place the week of March 12. He said a steering committee would be formed and asked that Councilmembers be thinking about potential membership and possible candidates. Councilmember Milbrandt suggested that representation of the various advisory boards/commissions might be limited to one person, as those bodies will be receiving periodic updates about the process from their representatives, and have additional representation from the public at large on the steering committee. Mayor Harycki asked about the frequency of the steering committee meetings; Mr. Turnblad said there would be at least one formal meeting per month throughout the process. Mayor Harycki congratulated Public Works Director Sanders on the good job of plowing after the two recent snowstorms. Mr. Sanders will forward the information to the Public Works staff. City Attorney Magnuson told the Council that the developer had asked for a Certificate of Completion for Settler's Glen 5th Addition. Mr. Magnuson stated that Community Development Director Turnblad and Public Works Director Sanders have concluded that Page 2 of 7 City Council Meeting - 07-06 March 6, 2007 the developer has completed its obligations under the development agreement. With the exception of the funds in escrow for sealcoating, the funds deposited to ensure performance can be returned, Mr. Magnuson said, with the execution of the requested Certificate of Completion. It was noted the Certificate of Completion applies to the Stn Addition only, not the entire development. Motion by Councilmember Polehna, seconded by Councilmember Milbrandt to adopt Resolution 2007-49, approving Certificate of Completion and Release and releasing the funds back to the developer as stated by City Attorney Magnuson. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None City Administrator Hansen asked whether May 18 would be an acceptable date for the Council retreat. Mayor Harycki asked if the item could be discussed at the 7:00 meeting so schedules could be checked during the break. The meeting was recessed at 5:10 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 Director of Administration Knauss Public Works Director Sanders Deputy Fire Chief Ballis Acting Police Chief Peterson City Clerk Ward APPROVAL OF MINUTES Motion by Councilmember Nyberg, seconded by Councilmember Gag, moved approval of February 20, 2007 regular meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS None OPEN FORUM There were no public comments. Page 3 of 7 City Council Meeting - 07-06 CONSENT AGENDA* March 6, 2007 Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to approve the Consent Agenda. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Resolution 2007-48, directing payment of bills Possible approval to purchase high speed scanner for Laserfiche (Administration) Possible approval to purchase used Blademaster Skate Sharpener Possible approval to purchase high speed scanner for Finance Department Possible approval to purchase Petrovend K800 fuel management system upgrades PUBLIC HEARINGS This is the date and time for a public hearing to consider transfer of an off-sale liquor and tobacco license of Lift Bridge Liquors Inc. DBA: Kinsel's Lift Bridge Liquors to Hansen's Liquors LLC DBA: Hansen's Liquors David A. Hansen, applicant City Clerk Ward explained the request. She noted approval should be contingent upon the filing of all required documents, as well as review and approval by Police, Fire, Finance, and Inspection departments and Minnesota Liquor Control. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Motion by Councilmember Milbrandt, seconded by Councilmember Nyberg to adopt Resolution 2007-50, approving transfer of ownership of the off-sale liquor license and tobacco license to Hansen's Liquors, LLC, DBA: Hansen's Liquor, with the conditions set forth by Clerk Ward. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None This is the date and time for a public hearing to consider a transfer of an off-sale liquor and tobacco license of FTL Corporation DBA: MGM Liquor Warehouse to Raeburn & Associates, DBA: MGM Liquor Warehouse. Sean Raeburn, applicant. City Clerk Ward reviewed the request and noted approval should be contingent upon the filing of all required documents, review and approval by the Police, Fire, Inspection and Finance departments and Minnesota Liquor Control. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Motion by Councilmember Polehna, seconded by Councilmember Gag to adopt Resolution 2007-51, approving the transfer of ownership of the off sale liquor license and tobacco license to Raeburn & Associates, Inc., DBA: MGM Liquors, as conditioned. Page 4 of 7 City Council Meeting - 07-06 March 6, 2007 Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Request for a peace pole -Valley Peace Makers Community Development Director Turnblad reviewed the request by Valley Peace Makers to install a peace pole in either Lowell or Pioneer Park. Mr. Turnblad stated the request had been presented to the Park Board in November and December. The Park Board, he said, was concerned about the possible precedent set in allowing essentially private messages to be sent in City parks. The Parks Board recommended denial of the request. It was noted there are peace poles, similar to what is being requested, at Stonebridge and Rutherford Elementary Schools, as well as the Valley Coop. Councilmember Milbrandt explained the Park Board's concern about the precedent and next "good cause" request. Mayor Harycki suggested that there are other mechanisms, placement on private property, churches, etc., available. Councilmember Polehna said he recalled when the Park Board considered the issue back in 2002 that the Board was going to look at a policy as to what would be allowed in parks, such as commemorative benches and other items. Allan Cavalier, 707 W. Maple St., explained the request to plant a peace pole does not come from one group or individual but for all citizens. And he stated many other communities in the metro area have peace poles in their parks. He stated the desire is not to act as private citizens making a request before the City but rather to provide the city of Stillwater with that opportunity. He stated a peace pole would serve as a visible reminded to all citizens that alternatives to violence should be sought first and exhausted before other means are applied. Valley Peace Makers, he said, would provide for the funds for the peace pole. He also referred to other peace poles in the metro area. Councilmember Polehna said he understood the request, but stated he felt the Council should support the Park Board's recommendation and efforts in looking at this issue. Mayor Harycki encouraged the placement of peace poles in other private areas. Councilmember Nyberg agreed that peace poles are valuable but also agreed with the concern regarding precedent. Motion by Councilmember Milbrandt, seconded by Councilmember Nyberg to accept the Park Board's recommendation and deny the request. All in favor. Page 5 of 7 City Council Meeting - 07-06 March 6, 2007 Possible approval of Crossing Agreement between US Homes and Minnesota Zephyr City Attorney Magnuson explained this request is for a roadway crossing that will be opened to serve the Settler's Glen property. As part of the development agreement, he said it was the obligation of US Homes to obtain the agreement and provide a northerly access route for exiting the Settler's Glen development. He said the agreements with the Zephyr are in a format that has been long and historically used. The crossing agreement also has to be approved by MnDOT, he stated; MnDOT then will set forth marking requirements. He noted there is mutual indemnity provided for in the agreement, and the City's indemnity is limited according to the provisions of Minnesota law and tort limits. He concluded that this agreement is the best the City can do with regard to the opening of any new rail track crossing. Councilmember Milbrandt noted that the City is just acting as a facilitator in this agreement, with no monetary obligation involved. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Resolution 2007-52, approving roadway and utility easement agreement between the City of Stillwater and Minnesota Zephyr Limited and US Homes. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None STAFF REPORTS (continued) Public Works Director Sanders reported that the Eagle Ridge neighborhood meeting had been rescheduled due to the snowstorm. The meeting was rescheduled to 6 p.m. March 7, he noted. City Administrator Hansen noted that the meeting was advertised as a neighborhood meeting, not a regular Council meeting, so there could be an issue if more than two Councilmembers are in attendance. City Administrator Hansen stated that May 18, 2007 for the Council Workshop would work with all members and that the meeting will be published as a special meeting. The location is not known yet, but would be at either the building at Teddy Bear Park or at the Library. Mr. Hansen asked how the Council wanted to conduct the retreat, whether the department heads should be in attendance for the entire time or half of the day. Mayor Harycki suggested he would be comfortable with having the Council alone for the first portion of the day; Councilmember Milbrandt agreed that would work well. It was consensus that City Administrator Hansen and City Attorney Magnuson should be in attendance the entire time Page 6 of 7 City Council Meeting - 07-06 March 6, 2007 Motion by Councilmember Polehna, seconded by Councilmember Nyberg to adjourn at 7:30 p.m. All in favor. ~~ j~ ayor ATTEST: ~~ ~~~ Diane F. Ward, City Clerk Resolution 2007-48, directing payment of bills Resolution 2007-49, approving Certificate of Completion and Release Resolution 2007-50, approving transfer of ownership of the off-sale liquor license and tobacco license to Hansen's Liquors, LLC, DBA: Hansen's Liquor Resolution 2007-51, approving the transfer of ownership of the off sale liquor license and tobacco license to Raeburn & Associates, Inc., DBA: MGM Liquors Resolution 2007-52, approving roadway and utility easement agreement between the City of Stillwater and Minnesota Zephyr Limited and US Homes Page 7 of 7