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HomeMy WebLinkAbout2008-01-08 CC MIN. l?vater TNF IIFTN FL?CE OF MINNEF OTE CITY OF STILLWATER CITY COUNCIL MEETING NO. 08-01 January 8, 2008 REGULAR MEETING Mayor Harycki called the meeting to order at 4:34 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 Finance Director Harrison Police Chief Gannaway Public Works Director Sanders City Clerk Ward OTHER BUSINESS Chamber Update Jennifer Severson, executive director of the Greater Stillwater Chamber, was present with an update on Chamber activities. She stated all of the current officers had been re- elected for 2008, and all of the current board members will continue to serve in the upcoming year. She stated they are in the process of solidifying the 2008 calendar and details of events and invited any suggestions regarding events. The Chamber's annual meeting is scheduled for February 28 at a yet to be determined location; she extended an invitation for Councilmembers to attend. Ms. Severson said the Chamber board will be going through a strategic planning process in late January and said she would be contacting Councilmembers about any issues they would like to discuss. In addition, a kickoff meeting for a Downtown Merchants Association is being planned for January, and she invited Councilmembers to participate in that as well. She told the Council that initial planning/organization of the Convention Visitors' Bureau is going very well, with the articles of incorporation expected to be signed on January 16. Mayor Harycki pointed out that Summer Tuesdays' events might be impacted by work on the levee wall; he said the car show held in conjunction with Summer Tuesdays was a nice addition last year. He asked whether that might take place again this year. Ms. Severson said because of the very positive reaction, she expects heavy consideration will be given to arranging a car show again in 2008 and that she has informed people to be aware of the potential for being impacted by levee/Lowell Park work. Councilmember Polehna asked about the signboard issue downtown, noting there seems to be a proliferation of the signage. Ms. Severson said the Chamber had found some great samples of guidelines for sandwich boards and said they will be working City Council Meeting - 08-01 January 8, 2008 with the HPC to modify some guidelines that will work for everyone. She hopes to get the Downtown Merchants Association committees involved in that issue as well. Discussion on Public Restrooms - Vern Stefan Commurity Development Director Turnblad reviewed the issue related to public bathrooms in the final phase of the Maple Island redevelopment. As proposed, Mainstream Development would provide restrooms similar to what was provided by Mills on Main, with a separate restroom for men and women, located on the ground floor of the building, which would be accessible from Main Street and tenant space. The exact location of the restrooms would be determined by how tenant space is filled; the finishes would be similar to what is shown in drawings submitted by the developer. Mayor Harycki noted the provision of restrooms is a compromise, with the City giving up a parking easement in exchange for public restrooms. He stated that it was his understanding that the restrooms would be open during normal business hours. Vern Stefan, Mainstream Development, confirmed that the restrooms would be available for public use during the hours the building is open, likely 8 a.m. to 5 p.m. or 9 a.m. to 5 p.m. Mayor Harycki asked if there would be external signage indicating the availability of a public restroom. Mr. Stefan responded that signage for public restrooms were not on the sign plan discussed by the HPC, but said he could certainly discuss that with Community Development Director Turnblad when signage becomes an issue. Mr. Turnblad` agreed placing a discreet sign indicating the availability of the restrooms would be a good idea; Councilmember Gag suggested making that a condition of approval. Mr. Gag asked about the availability of the restrooms on Saturdays and Sundays; Mr. Stefan indicated that if the commercial tenants of the building are open on Saturdays and Sundays, the restrooms would be as well, but he said the location of the restrooms becomes an issue with weekend use. Mr. Stefan said he did not know if he could commit to weekends, depending on tenants. Councilmember Gag said the greatest need for the restroom facilities is on the weekends; he suggested that throughout construction, there should be a date for completion of the restrooms, a date that ought to be included in the written language of the agreement. Mr. Turnblad suggested including a condition tying the opening of the restrooms to the certificate of occupancy for the first tenant space. Mr. Stefan asked if this Council action is sufficient to allow them to proceed with the application for the demolition permit for the hardware store. Mr. Turnblad said it would be his interpretation that until final approval is given to the agreement that is to be drawn up by staff/Mr. Magnuson, the Council has not given final approval to the restroom proposal, and the demolition permit is contingent upon approval of the final agreement. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna directing City Attorney Magnuson to prepare an agreement with Mainstream Developers based on Council discussion and bring back for Council approval. All in favor. STAFF REPORTS There were no reports, and the meeting was recessed at 4:52 p.m. Page 2 of 8 City Council Meeting - 08-01 January 8, 2008 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 Community Development Director Turnblad Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Karycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Gag, seconded by Councilmember Polehna to approve the December 18, 2007, regular meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Swearing in of Officer John Siebenalar Swearing in of Officer Andrea Olson Police Chief Gannaway introduced Officers Siebenalar and Olson and administered the oath of office to the two new officers. OPEN FORUM Patrick Nelson, 1118 North First St., spoke of Kolliner Park. He said on Sept. 27, 2004, he gave a presentation to the Parks Board and was allowed to "adopt" a park - Kolliner Park. He said he has a key to the south gate of the park so he has access for cleanup. He described his cleanup efforts. He stated he had contacted David Needham, the property owner on the north side of the park, to see about getting a key to that gate, but said Mr. Needham was not very receptive to that request. He stated that he was informed by staff to stay out of the north side of the park due to a property dispute. Mr. Nelson provided two maps of the property, which he said indicated property lines. Mayor Harycki pointed out the City is having a survey done of the property. Mr. Nelson pointed out that a new gate was installed on the north side of the park in 2005. He stated that in June 2006, new signs were installed on the south side of the park, and he placed new garbage cans there, which most people use. He described a situation with a number of batteries that had been dumped in a ravine on the north side of the park; he suggested that if the City gave permission, St. Croix County officials could enforce the no-trespassing signs on the north side. Mayor Harycki pointed out the City is Page 3 of 8 City Council Meeting - 08-01 January 8, 2008 limited/restricted on what it can do with the property, and also noted the City is addressing a number of legal issues at this time. Mr. Nelson said he would like to assist with the cleanup of the north side. City Attorney Magnuson pointed out that the City currently is awaiting proposals for conducting the survey. Councilmember Nyberg suggested holding off on the cleanup of the north side until the survey is completed. It was Council consensus to take that approach. Councilmembers thanked Mr. Nelson for his volunteer efforts. CONSENT AGENDA Motion by Councilmember Polehna, seconded by Councilmember Milbrandt to approve the _ Consent Agenda. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Resolution 2008-01, directing payment of bills Resolution 2008-02, reimbursement resolution for capital outlay Possible approval to purchase one ton truck w/plow & sander, loader with bucket & snow plow & snowblower for loader for Street Department; and utility vehicle (field groomer) for Parks Department from State Bid Possible approval to obtain quotations flow meters, sewer televising van SRX-C Easement sewer cleaner & lift station improvements Possible approval to purchase parking enforcement vehicle - Police Department Possible approval to purchase three patrol vehicles - Police Department Possible approval to purchase two unmarked vehicles - Police Department Possible approval of utility bill adjustments Resolution 2008-03, approval of proposal for parking ramp survey PUBLIC HEARINGS Case No. 07-50. This is the date and time for a public hearing to consider a request from Curt Geissler, representing Lakeview Hospital for a Zoning Map Amendment and Zoning Text Amendment request to rezone the property located at 927 Churchill Street W and surrounding properties from RB Two Family Residential to PA Public Administration and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on December 28, 2007. Community Development Director Turnblad reviewed the request for rezoning and the text amendment change, which would make the hospital, use a permitted use, rather than a specially permitted use; the text change would eliminate the need for public review should the hospital wish to expand at the current site in the future. Mr. Turnblad said staff believes it would be good to keep the hospital site in the long-term, but also believes public dialog is important and therefore would recommend that the hospital use be a conditionally permitted use, which would maintain public review of any hospital expansion plans. Mayor Harycki noted that from the hospital's perspective, before they make any other major investment at the current site, they would like assurances that they could continue to operate a hospital where they have been for many, many years. The Mayor also spoke to the question of how to protect residents should the hospital decide to leave the current site in 20 years. Mayor Harycki explained that at this point, Page 4 of 8 City Council Meeting - 08-01 January 8, 2008 after holding the public hearing, the Council would take a straw poll on the issue and depending on that outcome, move forward or send the proposal back for some reworking. Mayor Harycki opened the public hearing. Robert Wallen, 928 Greeley St. S., questioned which properties would be involved in the request. Mayor Harycki explained that the request involves only those properties the hospital already owns. Mr. Wallen said he was concerned that the letter informing residents of this case stated the rezoning involved "surrounding properties." Howard Lieberman, 914 S. Greeley St., said the hospital is a good neighbor, but is concerned about allowing the rezoning on anything other than a conditional basis, as he believes public dialog is important. He suggested that many of the improvements made in conjunction with past hospital projects would not have been made without the public input process. He stated he would be concerned should the City give the hospital free rein on plans without the benefit of public review. He suggested there is still inadequate screening from the parking lot and the lighting is excessively bright. He concluded that from his experience on the HPC, the best results generally come out of dialog, and should the City allow future expansion without public dialog, the City and the hospital might not end up with the most favorable results. Curt Geissler, president of Lakeview Hospital, explained the reasoning behind the request. 'He noted that currently, the hospital operates about 70 beds on a daily basis and has a license to expand to 97 beds. He stated the hospital could not exceed 97 beds without an act of the Legislature, something that is very unlikely. However, he said, the likelihood of Lakeview needing to go to 97 beds is very great, given the growth of the Curve Crest clinic and number of specialty physicians that have been recruited. He stated the hospital is hesitant to move forward with a $30 million-$40 million growth plan at the existing site if there are no assurances that the hospital can be in its current location for 20-30 years. Mr. Geissler explained that the long-term plan is to move outpatient services to the Curve Crest campus, with just in-patient services on the Greeley site campus. He concluded that Lakeview is seeking some assurance from the City of Stillwater that any major investments put into the property will be viable for 30 years and that the hospital can continue to operate until that investment is fully depreciated. He said he understood the neighbors' issues and said Lakeview would continue to work with the neighborhood as the hospital moves forward. A resident of 1216 Everett St. S. agreed that the hospital has been a good neighbor and is a great resource, but spoke of the value of the public input process. He said he believed that the hospital should have some assurances that the City and residents are willing to work with it on its investment plan, recognizing that the hospital has legitimate concerns about changeover and owner's approval process for everything they want to do in order to operate the facility. At the same time, he said, the relationship of the hospital/community is partly because residents have provided public input. Particularly with the uncertainty over the long-term plan for the hospital, personnel, and Council membership, he said providing some avenue for public input is important, and said a conditional use seems to make sense and be in the best interest of the community. He asked about the difference in the zoning between PA and two-family residential. Mr. Turnblad explained the difference in the regulations between the two districts - a wide Page 5 of 8 City Council Meeting - 08-01 January 8, 2008 difference in uses, as well as building performance standards. Mr. Turnblad reviewed the difference in uses allowed in the two districts. It was noted that the height regulation is the same - 3 stories or 35 feet - in either zoning district, while setbacks are different, somewhat larger in the PA district. No other comments were received, and the hearing was closed. Mayor Harycki spoke of the asset of having the hospital in the community, saying he wanted to do everything possible to keep the hospital in Stillwater and yet balance the needs of the residents. Councilmember Gag echoed the thought that the hospital is a great amenity for the City and spoke of public dialog in past hospital expansion projects, - a process that may have been exhaustive for the hospital but resulted in good projects. Councilmember Gag said he would be comfortable with either the RB or PA zoning, but said he would vote for whatever solution provides for the public to have its say. There was discussion as to whether the two requests, rezoning and text amendment, were tied together. Councilmember Milbrandt suggested there is a fine line in changing the use from a special use permit to a permitted use. He suggested the two requests were grouped together in error, like Councilmember Gag, he believes there must be a public review process, probably not an SUP (special use permit) process, but some type of review process given the potential for future changes from hospital administration to the Council and residents. Councilmember Milbrandt also stated he did not believe it would be in the City's best interest to change the zoning to PA, with the potential for uses such as a post office or other government uses, all permitted uses without public review in a PA district, should the hospital decide to vacate the site. Councilmember Milbrandt spoke in favor of a conditional use permit, changing hospital use from an SUP to a CUP in the RA/RB zone, and spoke in favor of a CUP with a five-year renewal. Councilmember Polehna agreed with the concerns about rezoning and the potential for future changes without public review. Councilmember Nyberg also expressed concern about rezoning and not having control over what might go on the current site should the hospital decide to relocate in the future. Mr. Geissler said based on the Council's perspective at this time, on behalf of Lakeview, he would withdraw the request for rezoning and work further with staff and bring back an alternate proposal to better meet the Council's concerns. However, Mr. Geissler expressed a concern with a five-year review because it is not giving the hospital assurance that it can continue to do what it does in that location for an extended period of time. He also expressed concern about making future investments in an unknown versus a property that is a known and zoned according to what the hospital needs to do to conduct its business and move forward. Mr. Geissler stated the hospital is not against public input but the unknowns on both sides of the equation are what are of concern. Mayor Harycki suggested there is an alternative proposal that will meet the needs of the hospital and the community. Motion by Councilmember Milbrandt, seconded by Councilmember Gag to accept the withdrawal of the request without prejudice. All in favor. Page 6 of 8 City Council Meeting - 08-01 January 8, 2008 UNFINISHED BUSINESS Discussion on weed harvesting Mayor Harycki noted that the discussion was regarding algae harvesting, not weed harvesting. Bruce Werre, McKusick Lake Water Association, showed photos of the lake before algae bloom and during harvesting of the algae. He read a prepared statement that called for the continued harvesting, noting that McKusick is the only City lake with a significant algae problem. The statement pointed out that the Water Management Plan calls algae harvesting a "reasonable short-term" solution. The statement requested that the mechanical algae harvesting be continued until certain in-lake strategies are implemented and additional data is compiled. The statement concluded that the McKusick Lake Water Association believes the risk (of the lake falling into a turbid state) is too great not to continue the algae harvesting. Mayor Harycki noted there has been lots of activity relating to McKusick in the past few months, including the draft of the Lakes Management Plan and the recommendations related to additional studies to pinpoint the source of the phosphorus. He noted the Council had directed staff to investigate ways to conduct the additional studies this summer to determine the source of the phosphorus and further refine the management plan. The question from the residents, he noted, is whether the algae harvesting will be continued until the sources of the phosphorus are identified and corrected; staff needs direction and the residents need to know the Council's intention in that matter, he said. He pointed out that funds had been budgeted for the harvesting. On a question from Councilmember Gag regarding a specific budgeted item for algae harvestirg, Public Works Director Sanders stated $25,000 had been budgeted for contractual work, not specifically for algae harvesting. Mayor Harycki pointed out the City is still waiting for a better idea of the cost of the study to determine the source of the phosphorus, noting that the study estimated the cost at $40,000 while staff suggested there might be less expensive ways of having the study done. Mayor Harycki said an option would be to consider whether to continue the algae harvesting when the final cost of the study is known. Councilmember Polehna said what he understood from the study consultant is that weed (algae) harvesting is a Band-Aid for the problem, the problem is locating the source of the phosphorus. Councilmember Polehna said if he had to expend money, he would spend it to solve the problem, put the money toward the study to find the source of the phosphorus to cure the situation instead of putting a Band-Aid on the situation. Councilmember Nyberg agreed that it is too premature to make a decision on the algae harvesting. It was consensus to find out the cost of the study to try to pinpoint the source of the phosphorus before making a decision on whether to harvest the algae again this year. Mr. Sanders said he should have some information from the Conservation District by the next Council meeting as to the cost of the wate` monitoring/samples for the specified areas. Mr. Werre read three a-mails from other residents in the McKusick area urging the harvesting of the algae, and he reiterated the Association's request that the City continue the harvesting until the source of the pollution is identified. Page 7 of 8 City Council Meeting - 08-01 NEW BUSINESS January 8, 2008 Possible approval of setting Sale of General Obligation Capital Outlay Bonds, Series 2008A Finance Director Harrison explained that the proceeds from the bonds would go toward the capital outlay purchases authorized in the 2008 budget process. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Resolution 20Q8-04, resolution providing for the Competitive Negotiated Sale of $1,445,000 General Obliga?lion Capital Outlay Bonds, Series 2008A. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember Nyberg to adjourn at 8:14 p.m. All in favor. Ken Ijd6cki, Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2008-01, directing payment of bills Resolution 2008-02, reimbursement resolution for capital outlay Resolution 2008-03, approval of proposal for parking ramp survey Resolution 2008-04, resolution providing for the Competitive Negotiated Sale of $1,445,000 General Obligation Capital Outlay Bonds, Series 2008A Page 8 of 8