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HomeMy WebLinkAbout2008-10-21 CC MIN "llwater THE IIITH,lACE OF MINNEIITA CITY COUNCIL MEETING October 21, 2008 REGULAR 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 Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Planner Pogge 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 Milbrandt, seconded by Councilmember Polehna to approve the October 14, 2008, regular and recessed minutes. All in favor. OPEN FORUM State Representative Julie Bunn reintroduced herself to the district and highlighted some of her work during the last legislative session. Charles Hooley Jr., representing his parents, Charles and Nancy Hooley, read a letter into the record highlighting the Hooleys' concerns regarding Lakeview Hospital's proposed expansion and the proposed change in ordinance. The letter expressed concerns about safety and loss of market value and called for an independent study that addresses the safety, economic and environmental impacts of the expansion on the surrounding area. City Council Meeting October 21,2008 STAFF REPORTS Public Works Director Sanders stated the Brown's Creek Watershed District Board has requested the joint meeting with the Council be rescheduled. The joint meeting had been scheduled for the second Council meeting in November, he noted. It was decided to reschedule the meeting for the 4:30 p.m. workshop session of the first meeting in December. CONSENT AGENDA (Roll Call) Mayor Harycki asked that Resolution 2008-142 be removed from the Consent Agenda for further study. ' Motion by Councilmember Gag, seconded by Councilmember Polehna to approve the Consent Agenda excluding Resolution 2008-142. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Resolution 2008-136, directing payment of bills Resolution 2008-137, approval of maintenance agreement with Loffler for firewall Resolution 2008-138, approval of maintenance agreement for ESRI ArcView Software Resolution 2008-139, approval of agreement with SafeAssure Consultants, Inc. Resolution 2008-140, approval of Public Works Garage security monitoring agreement Possible approval to purchase trash lids for downtown trash cans Resolution 2008-141, a resolution amending Resolution No. 2002-157 Resolution 2008 142, resolution allmving the accumulation and use of storm '.\'ater cred its UNFINISHED BUSINESS Possible consideration of assessments for 321 W Mvrtle. 316 4th Street N. and condominiums on 4th and Oak Streets (from 10/7/08 meetinQ) Public Works Director Sanders said staff believes the proposed assessments on the properties in question should be upheld and included in the assessment role. Regarding the property at 321 W. Myrtle at the corner of Sixth Street, Mr. Sanders explained there is a wider than normal right-of-way, which varies from 80' at the south end of the property to 50' at the north end. He said the lot is viewed as a regular corner lot and, according to policy, would be assessed half of the normal assessment rate. On a question by Mayor Harycki, Mr. Sanders explained that the right-of-way is not a separate parcel; it is part of the regular City right-of-way. Attorney Magnuson explained that the street was relocated, and this property is right at the juncture of two plats. There was a mistake in one of the plats, a mistake corrected by an act of the Legislature, which resulted in moving boundaries of some lots in town. Page 2 of 6 City Council Meeting October 21, 2008 Regarding the condominiums at Fourth and Oak, Mr. Sanders said they are not objecting to the assessments, but wanted to ensure than any future assessment would have the same assessment rate as this year's project. Mr. Sanders said he didn't know if the City could do that, given the fact that project costs change over time. He said that owner also is requesting that the adjacent portion of Oak be changed to a one-way street. Mr. Sanders said staff had done some traffic/speed counts and suggested studies do not indicate a high volume of traffic or traffic traveling at a high speeds and he didn't think a one-way street is warranted from Fourth to Third, as requested. He said the City could try a one-way from Fourth to Fifth for a time. He said the roadway does vary in width and suggested that the street could be posted no-parking on one side of the street to alleviate concerns. Mr. Sanders said City crews did patch the roadway as requested by the owner at the previous meeting. It was agreed to have Mr. Sanders come back with a recommendation regarding areas of the street that might be posted as no-parking. Mr. Sanders also noted that the property behind the condominiums, the property at 316 Fourth St. S., did receive benefit from the street project as the driveway does access from a reconstructed street; it also was noted that this property is being assessed at one-half the normal assessment. Motion by Councilmember Milbrandt, seconded by Councilmember Gag to adopt Resolution 2008-142 resolution adopting assessment for 2008 Street Improvement Project (Project 2008- 02, L.1. 379), as recommended by staff. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Case No. 08-39. Possible first readino of an ordinance for a Zonino Text Amendment to Section 31-204. Subd. 6(a)(1) of the Zonino Code to allow a Special Use Permit or a Conditional Use Permit to have a lonoer validitv period than two years for phased proiects and any variances related thereto and review of proposed development aoreement languaoe. (from 10/7/08 meeting) Mayor Harycki pointed out that at this point, the Council only has sample development agreement language as the Hospital and staff has not had time to negotiate actual development agreement language. During discussion, it was noted that this language should be more general in nature and describe a process, a means to negotiate permits that are valid for longer than two years through the use of a development agreement; the specific language of development agreements will be crafted in negotiations for specific projects, it was pointed out., Motion by Councilmember Milbrandt, seconded by Councilmember Nyberg to approve the first reading of Ordinance 1001, an ordinance amending the Stillwater City Code by Changing Section 31-204, Subd. 6 entitled "Permit Life Cycle". Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Page 3 of 6 City Council Meeting October 21,2008 Mayor Harycki suggested, and it was agreed, that City Attorney Magnuson, representatives of Lakeview Hospital, Councilmember Gag, as the project is in his Ward, and the Mayor work at negotiating the framework of a development agreement for the Hospital project to be brought back to the Council. Councilmember Gag left the meeting at 7:30 p.m. due to a work commitment. Possible second readino of Ordinance 1000. an ordinance amendino the Stillwater City Code. Chapter 31. entitled Zonino Ordinance by addino "amusement & recreational establishments" in the BP-C. Business Park-Commercial Zonino District as a speciallv permitted use Planner Pogge noted this is the second reading of the ordinahce and is related to the proposed hockey training facility on Curve Crest Boulevard, making that use a permitted use under the City ordinances. Motion by Councilmember Polehna, seconded by Councilmember Milbrandt to adopt Ordinance 1000, an ordinance amending the Stillwater City Code, Chapter 31, entitled Zoning Ordinance by adding "amusement & recreational establishments" in the BP-C, Business Park- Commercial Zoning District as a specially permitted use an ordinance. Ayes: Councilmembers Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None PUBLIC HEARINGS This is the date and time to consider an ordinance amendino the Charter of the City of Stillwater as it relates to Councilmembers servino on the Charter Commission. Notice was published in the Stillwater Gazette on October 9. 2008. City Attorney Magnuson suggested the Council might want to table this item until the next meeting when the full Council was present, noting that a full vote is required. This item was tabled as advised by Mr. Magnuson. NEW BUSINESS Discussion on Server Room Rose Holman, MIS specialist, answered questions regarding the proposal to move the server room into the Mayor's office. Councilmember Milbrandt asked whether the server room had to be located at City Hall or whether there might be a more appropriate location off the premises - at the Library of Public Works building, for example. Ms. Holman said there are options for off-site backup, but that she didn't know of any other space that would work better than the Mayor's office space for the server room. Councilmember Polehna said he would like to look at more alternatives for space that would meet the needs for 10-15 years in the future. Ms. Holman spoke of connectivity problems with a location at Public Works. There was discussion of going to fiber in the Page 4 of 6 City Council Meeting October 21,2008 future. Administrator Hansen asked whether the proposal represented a five- or 10-year solution; Ms. Holman said the proposal could be a permanent solution, but at some point the City would have to consider doing something regarding sprinkling of the room. It was decided to have Ms. Holman obtain quotes for a fire protection system before taking action. Possible approval of contract for Owner's Representative for Parkino Ramp Construction City Administrator Hansen reviewed three quotes that were received to act as the City's owner's representative for the parking ramp project. Mr. Hansen said he had spoken with the firms and was recommending CPMI. Motion by Councilmember Polehna, seconded by Councilmember Milbrandt to adopt Resolution 2008-143, approving agreement with CPMI, as owner's representative as recommended by Mr. Hansen. Ayes: Councilmembers Polehna, Milbrandt, Nyberg and Mayor Harycki Nays: None Request to reduce annual fee for parkino spaces - Keith Becklin Planner Pogge stated a requested had been received from Keith Becklin to reduce the fee for two parking spaces he rents from the City for the carriage rides he operates during the summer. Mr. Pogge said the current fee is $1,000 -- $500 per space; Mr. Becklin is asking that the fee be reduced to $500 retroactive to 2007. There was a question about other such agreements. Mr. Pogge said he was aware of only one another arrangement, that with the trolley company; that arrangement includes a fee of $1,000 for two spaces, as well as space for an office in the south end of Lowell Park. Councilmember Polehna expressed a concern about setting a precedent in retroactively lowering a fee. Councilmember Nyberg agreed with the concern about lowering the fee retroactively, however he wouldn't have a problem lowering the fee in the future as the company is an asset to the downtown. Councilmember Polehna agreed that he wouldn't have a problem renegotiating a lower fee for the upcoming year. Councilmember Milbrandt noted staff could communicate to Mr. Becklin that the City's might be willing to negotiate a lower fee for future years. Motion by Councilmember Polehna, seconded by Councilmember Milbrandt deny the request. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Councilmember Milbrandt stated he had represented the Mayor at a recent ceremony celebrating the 30th anniversary of the Youth Service Bureau. He said the City, as a Page 5 of 6 City Council Meeting October 21, 2008 founding member of the organization, was presented with a plaque acknowledging the City's support. The plaque was given to City Clerk Ward for appropriate display. ADJOURNMENT Motion by Councilmember Nyberg, seconded by Councilmember Milbrandt to adjourn at 7:48 p.m. All in favor. ATTEST: It/}, ~ZtlL V.. kil.kL- Diane F. Ward, City Clerk Resolution 2008-136, directing payment of bills Resolution 2008-137, approval of maintenance agreement with Loftier for firewall Resolution 2008-138, approval of maintenance agreement for ESRI ArcView Software Resolution 2008-139, approval of agreement with SafeAssure Consultants, Inc. Resolution 2008-140, approval of Public Works Garage security monitoring agreement Resolution 2008-141, a resolution amending Resolution No. 2002-157 Resolution 2008-142 resolution adopting assessment for 2008 Street Improvement Project (Project 2008-02, L.1. 379) Resolution 2008-143, approving agreement with CPMI Ordinance 1000, an ordinance amending the Stillwater City Code, Chapter 31, entitled Zoning Ordinance by adding "amusement & recreational establishments" in the BP-C, Business Park-Commercial Zoning District as a specially permitted use an ordinance. Page 6 of 6