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HomeMy WebLinkAbout2008-06-03 CC MIN .~ ... ",.""'" OF .,....~ CITY OF STILLWATER CITY COUNCIL MEETING June 3, 2008 REGULAR MEETING 4:30 P.M. Mayor Harycki called the meeting to order at 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 Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders City Clerk Ward OTHER BUSINESS Combined Planninq Commission & City Council Comprehensive Plan Update Present from the Planning Commission were Commissioners Middleton, Milbrandt, Peroceschi, Kalmon and Wolden. Chair Middleton opened the combined Planning Commission and Council meeting. Community Development Director Turnblad gave a brief update on the Comprehensive Plan update status, specifically the Downtown Framework Plan portion of the Comprehensive Plan. Jeff Martin, consultant, gave a Power Point presentation highlighting the key components of the Downtown Plan -- trails and open space system, land use and character districts, streetscape hierarchy, and focus districts - along with the goals and possible plans fot each of the components. The presentation concluded by identifying possible long-term improvements and funding sources. A time for questions followed the presentation. Councilmember Milbrandt asked about the transportation component of the Downtown Plan. Mr. Turnblad responded that transportation will be specifically addressed in the General Plan; Mr. Turnblad said in the short-term, it is suggested that an interim traffic management plan be developed for the downtown area. Mr. Kalmon asked about breaks in the levee wall for pedestrian traffic; Mr. Martin said that is still being discussed with the Corps, but said the breaks would be accommodated with earthen dikes and other such measures. Mr. Peroceschi asked about the landscaping and the difficulty of plantings in a concrete environment; City Council June 3, 2008 Mr. Martin responded that there are a lot of trees that are tolerant of urban conditions, and he noted that there is a material known as structural soil which can be paved over and will facilitate such plantings. Councilmember Polehna asked for some examples of where tree plantings in a downtown area have been successful; Mr. Martin noted that success is dependent on maintenance and how the root zones are done. Councilmember Milbrandt suggested that the number of trees shown in the northern portion of downtown would seem counterintuitive to the prospect of hosting large gatherings in that area; Mr. Martin noted that trees don't take up a large amount of ground space. Mr. Peroceschi also suggested that trees might obstruct the views of the river; Mr. Martin spoke of creating view corridors. Mr. Kalmon spoke of the benefit of trees for storm water management but questioned the possible expense involved due to soil conditions. Mayor Harycki asked about funding for improvements. Mr. Turnblad said generally cities try to look for multiple funding streams, and he said part of the writing of the Comprehensive Plan will be to identify various revenue sources. Mr. Middleton closed the Planning Commission portion of the meeting. Discussion on problem properties Community Development Director Turnblad noted that problem properties are an issue every City is faced with, but noted that the current situation with the increasing number of foreclosures has brought to a head the need to do something with the nuisance properties. He said staff is trying to proactively manage the public interest in properties and that all departments are involved in the effort. He stated that historically the process is rather slow, intentionally so to give people sufficient time to deal with their properties and problems. Given the situation with foreclosures the recommendation is to speed up the process dramatically. Mr. Turnblad outlined the recommended new process. He stated the City receives a list of foreclosed properties from the County. Officers on routine patrol make it a point of checking those properties at least on a weekly basis to observe the general status of the property and contact the property owners with observable problems such as unmowed lawns, broken windows, etc., giving the property owner 48 hours to fix the problem. If the owner doesn't respond to the contact from the Police Department, the recommendation is to have a contractor in place to take care of the problem immediately. As proposed, the City would issue an administrative citation, as well as order the contractor to take care of the problem. He noted that a proposed contract for services for the cleanup/general repairs was included in the Consent Agenda for possible approval later in the meeting. On a question from Mayor Harycki, Mr. Turnblad noted there are other processes to be followed for problem properties that create other types of public nuisances/hazards. Mayor Harycki asked about the possibility of having a hotline or link on the web site to handle nuisance complaints/concerns; Mr. Turnblad said that would be possible but wondered to whom the complaints should be directed. Mr. Turnblad said staff would come back with some suggestions/recommendations regarding the web site/hotline suggestion. Councilmember Gag asked if the City would have the ability to respond to complaints in a timely manner, even with a contractor service. Mr. Turnblad thought the Page 2 of 11 City Council June 3, 2008 City would be able to respond to complaints in a timely manner, unless the volume is huge. Mayor Harycki noted there are differing views as to what constitutes a nuisance and suggested including the ordinance definition of issues such as length of grass. There was discussion of the ordinance requirements for storage of vehicles. Administrator Hansen spoke of the way complaints multiply and the resulting amount of staff time expended in investigating complaints in cautioning that a great deal of common sense needs to be exercised in dealing with such issues/complaints. There was discussion about staffing issues involved in code enforcement and handling such complaints. Councilmember Gag said he would like information about staffing needs for consideration in the upcoming budget process. Chief Gannaway said his department currently is dealing with 24 separate properties for various violations. Motion by Councilmember Gag, seconded by Councilmember Polehna to approve the proposed process for nuisance properties. All in favor. STAFF REPORTS Fire Chief Glaser updated the Council on the City's assistance to the City of Hugo in the aftermath of the recent tornado. He informed the Council that the department assisted on several days including sending a crew to help staff the Hugo Fire Department so they could concentrate on cleanup efforts and on another occasion to attend the funeral of the young tornado victim; Hugo also utilized the City's mobile command unit, he noted. The police department also deployed staff to help on the day of the tornado as well. Councilmember Polehna stated he had received a call from a Hugo Council member asking him to publicly thank the fire and police departments for their assistance and job well done. Community Development Director Turnblad reviewed the City's position on franchises in the downtown area. He stated the position is found in the Comprehensive Plan, which encourages local businesses to be located in the downtown but does not prohibit chain stores or franchises; he noted that would be illegal according to interstate commerce law. What can be regulated and what the Downtown Design Manual does do is prohibit trademark architecture, he stated. Also, signage is fairly strictly regulated. The City has chosen to focus on how the architecture fits in the historic downtown, which is a legitimate concern, he concluded. Public Works Director Sanders told the Council that the annual crosswalk striping is almost complete. He said there had been requests for two new crosswalks, one of which was forwarded to MnDOT. Mayor Harycki asked about having a crosswalk by Rice Park; Mr. Sanders noted that is on a County Road, and he will forward that request to the County. Mayor Harycki also asked about Greeley Street in front of Nelson's ice cream store; Mr. Sanders said the City is following policy on that location and is trying to get some video to determine the number of pedestrians crossing there that might warrant the installation of a new crosswalk. Councilmember Milbrandt asked if the intersection at Churchill and Greeley had been looked at. Mr. Sanders said a traffic engineer had been consulted regarding that intersection and it appears there is ample Page 3 of 11 City Council June 3, 2008 room to add turn lanes on both the northbound and southbound traffic lanes, so the striping will be tied to when the County does its work throughout the City; however, he noted that if the City wants to add a thru-Iane going southbound, that will require no parking on the west side of the road for about 300' from the intersection. Mayor Harycki raised the issue of Third Street by the Armory; Mr. Sanders noted that also would likely involve the elimination of parking, and the City would have to work with the County. City Administrator Hansen reviewed the 2009 levy limit calculation using the LMC formula. The bottom line is that the City's 2009 levy limit will be about $6.8 million, just $37,412 more than last year's levy limit. The good news is that the City will receive more in Local Government Aid; however, that works against the City because it has to be subtracted from what would normally be the maximum levy amount. RECESSED MEETING 7:00 P.M. Mayor Harycki called the meeting to order at 7 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 Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Gag, seconded by Councilmember Polehna to approve the May 20, 2008, regular meeting minutes. All in favor. Mayor Harycki acknowledged students in attendance. Page 4 of 11 City Council June 3, 2008 PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Possible approval of special event request - Historic Reenactment Dedication - Cannon & Concert Committee - Julv 4. 2008 - Curt Newcomb Curt Newcomb, Veteran's Memorial Committee, explained that several months ago a group decided it would be nice to replace the cannon that was at the Historic Courthouse. He noted that two previous cannons had been located at the Courthouse; one was melted down during the war efforts of World War I, the other was melted down for the World War II effort. The group has succeeded in raising the necessary money for a replacement cannon which will be dedicated at 10 a.m. July 4. He said the special event request is for a re-enactment of what occurred in 1932 when the last cannon, a captured German piece, was walked from the Lowell Inn and placed at the Courthouse. He said the re-enactment has been coordinated in detail with Chief Gannaway and he believes all issues have been resolved with the Chief and the event would begin with a brief ceremony in front of the Lowell Inn, and then proceed to the Veterans Memorial for another ceremony. Mr. Newcomb said the idea is that the cannon not only restores what was once there, but represents the efforts and sacrifices people of the City and the County have made towards achieving the peace that we generally enjoy today. Motion by Councilmember Nyberg, seconded by Councilmember Milbrandt to approve the special event for the re-enactment event with continued cooperation with the Police Department. All in favor. Proclamation: Lakeview Hospital Dav Mayor Harycki read a proclamation designating June 4, 2008, as Lakeview Hospital Day in the City of Stillwater. Curt Geisler was present to accept the proclamation on behalf of Lakeview Hospital. OPEN FORUM Cathy Mielke, 212 N. Second St., Rivertown Commons, spoke of Rivertown Commons residents' concerns regarding the parking ramp. She expressed concern about the fact that the ramp is being moved closer to the Rivertown Commons building and asked that residents be included in planning for the uses for the green space between the two structures. She noted Rivertown Commons is losing eight parking spaces to allow for construction of the ramp and, in exchange, will receive the use of eight spaces in the ramp; she asked that, if there must be a fee for the spaces in the ramp, the fee not be so high as to be a burden to the residents or the residents' caregivers. Allan Lavalier, 707 W. Maple St., expressed concern about the graffiti that was discovered during the past week, especially the use of KKK, which he suggested goes beyond being graffiti, Mayor Harycki stated that he has had conversations with Paul Weiler of the Youth Service Bureau about the graffiti problem in the past, and that Chief Gannaway is looking at possible options for dealing with prosecution of those Page 5 of 11 City Council June 3, 2008 responsible as well as for dealing with the problem in general. Mr. Lavalier asked that the Mayor consider sending a stronger message to the community about the use of the KKK symbols; Mayor Harycki said using such symbols is intolerable and does not think the action represents the value of this community. Maria Brown, 13818 St. Croix Trail N., also expressed concern about the KKK graffiti, which she called hate speech. She encouraged the City to work with community groups and use this as an opportunity to come together to do some proactive things, such as inviting speakers of color into the comr:nunity. Mayor Harycki noted the City does have a Human Rights Commission. Councilmember Polehna, who serves on the Human Rights Commission, stated this issue came up at a recent meeting of the Commission; he stated there are some state grants available to do some of the very activities Ms. Brown was talking about. Councilmember Polehna said the Commission is aware of the issues and is actively pursing organizing meaningful activities to make the community a better place for everyone. Chief Gannaway noted that one individual had been arrested in conjunction with the most recent rash of graffiti. John Heilman, 107 N. Third St., asked the Council to consider awarding medals of commendation for each and every police officer and fire fighter for their actions that saved his life by responding to his 911 call on Friday, May 16. 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 2008-74, directing payment of bills Possible approval of fireworks permit for inside sales - Target Possible approval of fireworks permit for outside sales - Cub Foods Possible purchase of air compressor for SCBA Possible approval of "Rumble on the Deck" event at the Freight House - July 10, 2008 Possible approval of proposed bid documents for 2008-09 Annual Contract for Mowing & Cleanup Services Resolution 2008-75, approving Minnesota Department of Transportation Maintenance Agreement No. 92835 Resolution 2008-76, approving fire protection contracts with the Town of Stillwater and T own of May Possible approval to purchase computers for Administration, Finance and Public Works Page 6 of 11 City Council June 3, 2008 PUBLIC HEARINGS Case No. 08-23. This is the day and time for a public hearinq to consider a request from Lakeview Hospital to vacate public drainaqe and utilitv easements and drainaqe and storm water pondinq easements located on Lots 1. 2. 3. 4. Block 1. Prime Site Subdivision and Outlot B. Stillwater Industrial Park and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on Mav 23. 2008. Community Development Director Turnblad explained that Stillwater Medical Group is looking to combine several parcels they own on Curve Crest Boulevard. By combining parcels, the standard easements for the lots involved are no longer necessary. What is being proposed is to combine the parcels, keep the easements around the perimeter of the new parcel, encumber the entire storm water pond, and vacate the unnecessary easements for the side lot lines. No zoning changes or changes of use are being requested. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Resolution 2008-77, resolution vacating easements on Lots 1,2,3,4, Block 1, Prime Site Subdivision and Outlot B, Stillwater Industrial Park, and maintaining any City easements necessary. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None UNFINISHED BUSINESS Ramp Cost Update Community Development Director Turnblad provided an update on the parking ramp costs (refined construction estimate) and possible deduct alternatives. He said the total project costs are estimated at just over $5 million, assuming that all of the possible deductions, amounting to $983,000, are taken. He said there are some deductions that staff definitely believes should be included in the project. Deductions staff believe should be taken include: improvements of the small park area next to the Rivertown Commons; upgrades to the triangular park on Third Street; and upgrades to the sidewalk area on the Second Street elevation. Potential deducts that staff believe should not be taken, that should stay in the project because they do impact how the ramp functions, include: the third level ramp extension; changes to the bridge area on Third Street; and eliminating parking equipment in favor of contracting out to a management company. Councilmember Milbrandt pointed out that as long as the structure is constructed to accommodate the parking equipment, such as necessary electrical connections, a decision regarding management could be made at a later date. Mr. Turnblad also noted that if good bids are received, less than estimated, the deducts Page 7 of 11 City Council June 3, 2008 could be put back in the project. Councilmember Nyberg asked about the possibility that bids are higher than expected; Mr. Turnblad said then other deductions will have to be found or other sources of revenue found. Councilmember Gag asked about experience with recent bids on parking structures; Denny Wallace, LSA Design, said bids have been coming in quite competitively recently. Mr. Wallace said the projections on this ramp have included recent information regarding bids. Mr. Wallace said the construction estimate is reflective of the median of the bid range expected. Councilmember Gag asked about the number of bids that might be expected and whether LSA solicits bids. Mr. Wallace said 6-10 bidders might be expected and that they actively promote the project to bidders. Councilmember Polehna asked whether the deducts would be presented as alternates in the bid package; Mr. Wallace said as the bid package is prepared the recommendations is to establish a base project, with individual add alternates for these items and perhaps others. Mr. Turnblad explained there are three alternatives for the Council: approve proceeding with the bond sale and not to increase the price of the project beyond the revenue that the bond sale will generate; allow the bond sale to continue and allow expending up to $300,000 of general revenue on the project for those options staff believe is crucial to the project; or stop the bond sale. Councilmember Polehna questioned having to make a decision on possible deducts before bids is known. Councilmember Nyberg stated that he would like to know how much general revenue funds other Councilmembers would be willing to spend before deciding to proceed with the bond sale. Councilmember Milbrandt said he would not be willing to put forth an arbitrary figure at this point, and would decide on deducts after bids are received on the base project. Councilmember Nyberg stated that he was uncomfortable proceeding with the bond sale due to the potential for the base bid to come in way over estimates. Councilmember Nyberg asked Attorney Magnuson about the obligation to bond holders should the Council decide to proceed with the bond sale and then not go forward with the construction project due to bids; Attorney Magnuson responded that the City would be stuck with the bonds for a rather long period of time, until there is a call provision. Motion by Councilmember Milbrandt, seconded by Councilmember Gag to proceed with Option 1 as outlined by Mr. Turnblad, with the understanding that this is bidding the whole project, with decisions on deductions to be made after bids are received. All in favor. NEW BUSINESS Possible acceptinq of bids and awardinq contract for 2008 Street Improvement Proiect Public Works Director Sanders stated bids were opened the Thursday prior to the Council meeting on the 2008 street improvement project. Five bids were received with the low bid submitted by Miller Excavating. The low bid was $1.39 million, which included an overlay of the Cub Foods municipal parking lot to be paid by TIF District funds. Considering the street portion of the project only, the bid would be $1.3 million, over the engineer's estimate of $1.18 million. He stated the cost of bituminous was responsible for the difference in bid price versus estimate; he stated the cost of Page 8 of 11 City Council June 3, 2008 bituminous has raised to $13 a ton since the feasibility report. He stated $1.4 million had been budgeted for the project; projected costs, including engineering and administration, based on the bid is $1.6 million. He said staff would recommend proceeding with the project, deleting work on Locust Street between Third and Fourth streets and Oak Street between Fourth and Fifth streets and do sanitary manhole rehabilitation only if funding allows. Mayor Harycki asked about the impact on assessments to residents. Mr. Sanders stated if the project is done as recommended with the two street deletions, assessments would likely be 3 percent higher, about $200- $250, per lot. Councilmember Nyberg asked if other alternatives had been considered to keep assessments at the $7,100 level that was the preliminary assessment figure. Mr. Sanders responded that deleting other streets was considered but those streets have a lot of properties which helps keep the overall assessment cost down, while Oak Street and Locust Street have few properties. One other possible deletion is Orwell Court, but that street is in pretty bad shape. Councilmember Nyberg said he was not comfortable with proceeding having sat through several public meetings and telling people this would be the cost of the project based on the estimate. Councilmember Gag said he thought the project needs to move ahead but suggested looking at other ways to get the cost closer to the preliminary assessment estimate of $7,100. Mr. Sanders said there might be some other alternatives to look at, such as monitoring staff time closely. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Resolution 2008-78, accepting bid and awarding contract for 2008 Street Improvement Project (Project 2008-02) with the four changes as recommended by Mr. Sanders and challenging staff to come up with other measures to get the project back as close as possible to the preliminary assessment level of $7,100 without jeopardizing the project. Ayes: Councilmembers Milbrandt, Polehna and Mayor Harycki Nays: Councilmembers Gag and Nyberg Possible re-appointment to Board of Water Commissioners City Clerk Ward stated Robert Thompson has requested reappointment to the Board of Water Commissions and the Board concurs. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Resolution 2008-79, re-appointment of Bob Thompson to the Board of Water Commissioners. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Possible approval of Yacht Club Request for Special Assessment City Administrator Hansen stated the City was contacted by the Yacht Club regarding the Club's desire to do some dredging and affix a steel support wall in the harbor. He Page 9 of 11 City Council June 3, 2008 said the City did something similar for a project in 1997. He said the cost is assessed 100 percent to the club's property, but the club is able to pay for the project over a period of 10 years; the club also pays interest. Cost of this project is estimated at about $80,000. City Attorney Magnuson explained this is similar to property owners petitioning to have a street fixed and agreeing to have 100 percent of the cost assessed against their property. Mayor Harycki asked if City staff would be involved. City Attorney Magnuson explained that in the past, the Club prepared the specs and bids and then assigned the contract to the City and said there was minimal staff involvement in the process. Motion by Councilmember Nyberg, seconded by Councilmember Gag to approve the special assessment request. All in favor. COUNCIL REQUEST ITEMS Councilmember Polehna informed the Council and audience that the grand opening of the Big Marine Park Reserve was scheduled for Saturday, June 7, and invited everyone to attend. Councilmember Milbrandt referred to a letter from Congresswoman Bachmann regarding library funding; the letter was to be passed along to Library Director Bertalmio. Mayor Harycki stated a meeting had been held with the new Commissioner of Transportation for discussions regarding the status of the bridge project. He said that on June 16 the Department will be releasing new bridge rankings to the Legislature. He said the bridge project has been moved to 2014 on Minnesota's list of priorities, while Wisconsin is at 2015. He said indications are that work is proceeding on the plans regardless of the status of the pending lawsuit. Mayor Harycki also noted that he would be attending the upcoming Met Council forum in Forest Lake. ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember Nyb g to adjourn at 8:14 p.m. All in favor. ATTEST: Lar~;;'e~nistrator Page 10 of 11 City Council June 3, 2008 Resolution 2008-74, directing payment of bills Resolution 2008-75, approving Minnesota Department of Transportation Maintenance Agreement No. 92835 Resolution 2008-76, approving fire protection contracts with the Town of Stillwater and Town of May Resolution 2008-77, resolution vacating easements on Lots 1,2,3,4, Block 1, Prime Site Subdivision and Outlot B, Stillwater Industrial Park Resolution 2008-78, accepting bid and awarding contract for 2008 Street Improvement Project (Project 2008-02) Resolution 2008-79, re-appointment of Bob Thompson to the Board of Water Commissioners Page 11 of 11