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HomeMy WebLinkAbout2009-04-21 CC MIN .l~ater 'lIE 1IRTH'LACE Of III1MEIOfA CITY COUNCil MEETING April 21, 2009 REGULAR MEETING 7:00 P.M. Mayor Harycki called the meeting to order at 7 p.m. Present: Councilmembers Cook, Gag, Polehna, Roush 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 Assistant Engineer Kraftson 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, moved approval of the April 7, 2009, regular and recessed meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Resolution of Support of Yellow Ribbon Network of Washinqton County City of Stillwater, Minnesota Mayor Harycki read a resolution of City Council support for the Yellow Ribbon Network of Washington County. Motion by Councilmember Polehna, seconded by Councilmember Roush to adopt Resolution 2009-69, resolution of support of Yellow Ribbon Network of Washington County, City of Stillwater, Minnesota. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None City Council Meeting April 21,2009 OPEN FORUM Mark Lokowich, 1420 N. Fourth St., expressed a concern about Stillwater Country Club golfers parking in front of his house and on his lawn and asked that a sign be placed in front of his property indicating "no parking here to corner." He said a sign indicating "resident parking only" has been ineffective. It was agreed to have Police Chief Gannaway and Public Works Director Sanders look at the situation and come back to the Council with a recommendation. Brent Peterson, 502 W. Churchill St. and executive director of the Washington County Historical Society, told the Council that for the 68th summer the Historical Society would be opening the Warden's House Museum for public tours. He invited the Council and public to a grand pre-opening of the Warden's House and new exhibits on Sunday, April 26. Mike Robinson, 801 W. Pine St., Elephant Walk B&B, spoke of the City's Design Manual as it pertains to the screening of visual blight in the downtown area. He showed some slides of dumpsters and utilities, some of which are located on public property, that are not screened and are visible to the public. He spoke of the negative impact on visitors to the downtown. Mayor Harycki suggested that the Heritage Preservation Commission (HPC) walk through the downtown and look at the issue raised by Mr. Robinson. Councilmember Cook, Council representative to the HPC, stated she shares the concern with the issue of how downtown presents itself to visitors and residents and thought it would be a good start to bring the issue to the HPC to look at possible recourses to improve the situation. Councilmember Gag noted there are already guidelines in place and suggested that the City needs to look at its own property and see what is needed to screen items appropriately according to the guidelines; he also noted this involves an enforcement issue. Councilmember Polehna suggested constructing temporary screening of the portable toilets in the downtown area might be a good Eagle Scout project. Community Development Director Turnblad pointed out the Design Manual includes "guidelines" for screening, and those guidelines are not an ordinance. It was agreed to direct staff to develop a plan for dealing with this issue. James Kleinke, 116 S. Sixth St., spoke of issues relating to rental properties including parking on residential streets, teen drinking, trespassing and partying, and other nuisances. He stated City Code does not have any restrictions on rental properties and that he would be willing to write up some code measures that the Council could review and consider for possible adoption. Mayor Harycki said he would be open to having the Planning Department bring some suggestions to the Council on how to proceed. Police Chief Gannaway spoke of a community policing federal grant the City has applied for that focuses on a crime-free multi-housing ordinance that addresses many of the problems raised in this discussion. City Attorney Magnuson pointed out the City adopted a comprehensive housing code in the 1950s which included specifications for rental properties, standards for construction and livability, etc; and that section of the code was later eliminated because it was not being enforced. Mayor Harycki suggested some of the issues raised apply to the City as a whole, all residential properties, not just rental Page 2 of 9 City Council Meeting April 21,2009 properties. Councilmember Polehna suggested contacting Winona or another college town to see what they do to control the behavior of tenants. It was agreed to direct staff to make recommendations on how to move forward in addressing this issue. STAFF REPORTS Fire Chief Glaser reminded the public that burning restrictions are in place and will remain in place until lifted by the DNR. City Clerk Ward told the Council two applications had been received for the Traffic Committee and information soliciting applicants for the special events task force has been posted on the web site and sent to the local newspapers; deadline for applications is April 30, 2009. Community Development Director Turnblad provided an update on the parking ramp project. He said construction is on schedule, but a problem has been encountered due to the instability of the south-facing face of the bluff behind Rivertown Commons which has necessitated a redesign of the northwest corner of the ramp. He reviewed the design changes which will result in the overall loss of three parking spaces and will likely be about a wash as far as cost. Councilmember Roush asked about the status of a request for a parking permit/fee waiver from Rivertown Commons residents; Mr. Turnblad stated that issue was on the agenda of the next meeting of the Downtown Parking Commission. Councilmember Polehna said he would like staff to work with Library Director Bertalmio to see what the City can do to help alleviate problems with wedding photos caused by the construction equipment. Public Works Director Sanders told the Council that someone has volunteered to do the water quality sampling at Lily Lake, which will save the City about $1,000. Mr. Sanders stated that Middle St. Croix Water Management Organization (WMO) has approved some cost sharing for the testing of the wetlands by Lake McKusick and the former City dump, which will result in about a $300 savings for that testing. As discussed previously by the Council, he discussed the possibility of dissolving the Middle St. Croix WMO and combining that entity with the Brown's Creek Watershed District with several of the WMO board members and found those board members were not receptive to that possibility. It was noted the WMO is a joint powers agreement and would require a three-fourths vote from the member communities to dissolve the organization. Finance Director Harrison referred to the 2010 budget calendar in the agenda packet and asked the Council to consider dates for budget workshops in July and August. It was decided to firm up the dates after consulting the Council's work plan. Mayor Harycki noted that staff is to bring back recommendations regarding both rental properties and residential properties and nuisance issues as well as downtown trash Page 3 of 9 City Council Meeting April 21, 2009 enclosures and asked that the annual work plan be attached to the agenda packets or left at the Council's work stations to be t.U)dated. CONSENT AGENDA Mayor Harycki asked about a bill related to the unpaid balance on a forfeiture vehicle. Chief Gannaway said this was a shared forfeiture and the value of the vehicle was worth paying the balance; the vehicle was subsequently sold at auction and the City realized a bit more than the unpaid balance, according to the Chief and Finance Director Harrison. Councilmember Cook asked about a billing for Mobile Vision; City Administrator Hansen explained this was two billings, one for the annual maintenance agreement and another for an equipment purchase. Councilmember Cook also asked about the billing for the Veterans Memorial parking lot maintenance; City Administrator Hansen explained the arrangement for the parking lot maintenance, and it was noted the billing actually amounts to pass-through funds. Motion by Councilmember Gag, seconded by Councilmember Polehna to approve the Consent Agenda. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None 1. Resolution 2009-67, directing payment of bills 2. Resolution 2009-68, resolution authorizing execution of agreement for Safe & Sober 3. Possible approval of utility bill adjustment 4. Resolution 2009-70, approval of St. Croix Valley Fire Service Agreement PUBLIC HEARINGS - Out of respect for others in attendance, please limit your comments to 10 minutes or less. No Public Hearings UNFINISHED BUSINESS Possible approval of amendment to Stillwater Marathon Contract City Attorney Magnuson explained that the organizers of the Stillwater Marathon would like to be able to serve a complimentary beer to participants after the race, a practice that is traditional in these marathons. He said the contract as written prohibits the sale, use or serving of alcohol. So in order to accommodate the requested amenity for the race participants, the contract would have to be amended slightly. Marathon organizer David Eckberg was present. Mr. Eckberg stated participants will be issued tickets that will allow participants to visit downtown establishments and have a beverage with their families; the request is specifically to be able to offer a beverage on the runners' side of the barrier, for runners only. Mr. Eckberg explained this is a fairly traditional practice, and security would be on hand to make sure runners do not leave the park with any Page 4 of 9 City Council Meeting April 21, 2009 beverage. Mr. Eckberg said he doesn't anticipate that much beer will be distributed, but they would like to be good hosts. Police Chief Gannaway said as long as the area is fenced in and the beer distribution is limited in scope, he would be OK with it. Fire Chief Glaser said the potential presence of vendors brings up other issues that have not been discussed up to this point. Councilmember Roush brought up the issue of enforcement and the potential for serving under age marathon participants. Councilmember Gag stated that while he is a big supporter of the marathon, he would rather see how the first year works before making any changes. It was consensus to stay with the plan to issue tickets to local establishments and not make any changes for this year. After discussion, Mr. Eckberg withdrew his request. Zoninq restrictions based on heiqht of structures City Attorney Magnuson said after discussion at the previous Council meeting, he believes it would be permissible to provide that the conditional use permit request for any structure over 50' in height, no matter what type of structure, be heard by the City Council rather than the Planning Commission. However, Mr. Magnuson spoke to a possible downside of making such a change - it would eliminate the current "safety valve" of having the City Council serve as an appellant hearing for folks who wish to appeal a decision by the Planning Commission. Councilmember Roush said it was his intention to still have these requests heard first by the Planning Commission with the final decision made by the Council. City Attorney Magnuson said there are several types of cases that are handed that way now, and it would be possible to just add the height items to that list of cases. It was noted that the zoning text amendment related to the radio and television towers scheduled for a second reading does state that the City Council has the final decision-making authority for those special use permits. Councilmember Polehna suggested that Councilmember Roush's concern was with all height variances, not just variances for radio/television towers. To address that concern, Community Development Director Turnblad suggested amending the ordinance to indicate that any variance for a structure over 50' tall requires a conditional use permit that would have to come before the City Council. Members were in support of Mr. Turnblad's suggestion, and it was agreed to bring the issue to the Planning Commission and craft some suggested language for the ordinance amendment. Lobbyist Discussion It was agreed to discuss this issue at the May 8 Council retreat. Discussion on 4-plex issue City Attorney Magnuson stated it has been decided that the safest way to proceed with dealing with the property in question is to request an order from the District Court; that has been done, with the hearing set for May 1. He said he would keep the Council updated on the situation. Page 5 of 9 City Council Meeting April 21,2009 Possible second readinq of Ordinance 1007, an ordinance amendinq the City Code by chanqinq ~31-010, entitled "Definitions" and by chanqinq ~31-512, entitled "Requlation of Radio and Television Towers" Community Development Director Turnblad stated the ordinqnce language was crafted to address Councilmember Roush's previous concern and provides the Council with final approval of the use permits for any towers. Motion by Councilmember Roush, seconded by Councilmember Polehna to adopt Ordinance 1007, an ordinance amending the City Code by changing 931-010, entitled "Definitions" and by changing 931-512, entitled "Regulation of Radio and Television Towers". Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Staples Field - Basketball Court Discussion Mayor Harycki stated he and Council member Cook had received calls from residents near Staples Field asking for a resolution to the issue of the abandoned basketball court, and that a number of residents have suggested permanently removing the posts for the nets, as well as the blacktop from the court area. Mayor Harycki noted that the City had donated money to the Stonebridge Elementary School playground improvements, and access to the basketball courts there, to offset the closure of the Staples Field court. Councilmember Cook stated that the calls she has received have been from residents expressing concern about the possible reopening of the basketball courts, but that she didn't have the history of the issue; she also noted a survey of residents had been conducted. Councilmember Gag agreed that it would be good to have the history of the issue before making a final decision, as well as the possible cost associated with removing the court surface. Councilmember Polehna pointed out that park planners recommend against have basketball courts located in residents' backyards, as is the case with the Staples Field courts, but that he would be against removing the blacktop until the Parks Board has had an opportunity to look at alternative uses for the court area. It was consensus to eliminate the basketball use and send the issue back to the Park Board for recommendations on alternative uses, with the understanding that the Park Board would solicit resident input on the re-use. NEW BUSINESS Possible authorization of 2009 Sidewalk Improvement Feasibility Report Assistant City Engineer Kraftson explained the request is to prepare a feasibility report for the sidewalk improvement project. He said $50,000 has been budgeted for the sidewalk project. Councilmember Roush asked that the front steps at City Hall be considered for inclusion in the project; Mr. Kraftson noted th~t there is a small amount of money, $5,000, budgeted for replacement of sidewalks adjacent to City property and that it would be looked at. Mayor Harycki wondered whether the City might be nearing Page 6 of 9 City Council Meeting April 21,2009 the end of the need for larger sidewalk replacement projects and whether the budget for sidewalks might be put into the street improvements in the future. Public Works Director Sanders suggested a City-wide analysis ought to be done before making that determination. Mayor Harycki asked about a possible sidewalk on Curve Crest/Northwestern as requested recently by some residents; Public Works Director Sanders stated he had met with three people regarding a requested stop sign. There was discussion about crosswalks/striping to handle the expressed concerns. Councilmember Cook asked that staff be mindful of the impact of assessments and to avoid doubling up on assessments for streets and sidewalk projects if possible; Mr. Kraftson said that is a consideration. Motion by Councilmember Polehna, seconded by Councilmember Gag to adopt Resolution 2009-71, resolution ordering the preparation of report for the 2009 Sidewalk Rehabilitation Project (Project 2009-05). Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible acceptinq bids and awarding contract for Myrtle Street Ravine/Curve Crest Pond Proiects Assistant Engineer Kraftson stated bids were opened for the Myrtle Street ravine/Curve Crest pond projects, with the low bid of $206,057 submitted by Miller Excavating; the engineer's estimate for the combined projects was $300,000. Motion by Councilmember Polehna, seconded by Councilmember Gag to adopt Resolution 2009-72, accepting bid and awarding contract for Myrtle Street Ravine Project (Project 2009- 04). Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Presentation of mill and overlay analysis Assistant Engineer Kraftson gave a presentation on the impact of utilizing mill and overlay projects in conjunction with total reconstruction for extending the life of City streets. The report also spoke to the importance of regular pavement maintenance. The presentation included an analysis of state aid streets that would be eligible for mill and overlay projects and those that would be total reconstructions, along with a similar analysis of local, non state aid, streets. The analysis concluded that based on today's dollars, all state aid streets could be reconstructed in the next 22 years if 60 percent of the state aid allotment is dedicated to mill and overlay projects and 40 percent to total reconstructs, while all local streets could be reconstructed in the next 25 years if the street project budget continues to be increased by 10 percent a year until 2013 with 25 percent of the budget dedicated to mill and overlay and 75 percent of the monies to total Page 7 of 9 City Council Meeting April 21, 2009 reconstruction. Mr. Kraftson noted that education will be an important part of rationalizing assessments for mill and overlay projects. Councilmember Roush asked if consideration had been given to concrete; Mr. Kraftson said at this point, the economics would not favor the use of concrete except for certain projects. Possible appointment to Board of Water Commissioners City Clerk Ward stated the Board of Water Commissioners is recommending that James O'Brien be reappointed to the Commission. Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Resolution 2009-73, appointment to the Board Of Water Commissioners Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible approval of lease agreement renewal- Max Todo Marine Services City Administrator Hansen stated the agreement with Max Todo has worked well in the past. City Attorney Magnuson provided a brief history of the agreement that was prompted by the early termination of the lease with AipJe Towing which resulted in the conveyance of two boats - the Frank E. and the Cayuga-to 'the City. City Attorney Magnuson noted the agreement with Max Todo has the advantage of keeping the two crafts in good repair and providing the City with marine services for necessary wharfage work. Tom Huninghake, president of Max Todo, explained some of the work provided by his company. Councilmember Roush said he would like more time to review the lease. Motion by Councilmember Roush, seconded by Councilmember Cook to table this item until the next meeting. All in favor. COUNCIL REQUEST ITEMS Councilmember Cook said she had met with some downtown merchants who are planning a May Day event May 1-3 and requesting that the enforcement of the parking pay lots be delayed until Monday, May 4. Police Chief Gannaway suggested this issue should go before the Parking Commission. Mayor Harycki noted the Council would not have time to react to any recommendation from the Parking Commission. Councilmember Polehna suggested this request should have been made earlier so the Parking Commission could have reviewed it. Motion by Mayor Harycki, seconded by Councilmember Cook to waive the pay parking the weekend of May 1-3, 2009. All in favor. Councilmember Roush invited the public to go downtown on Saturday, April 25, and attend the festivities planned for the first-ever Community Open House. Page 8 of 9 City Council Meeting April 21, 2009 Councilmember Polehna asked for consensus from the Council to have City Administrator Hansen meet with downtown businesses regarding the need for them to do their part in keeping the downtown clean. It was noted that Jennifer Severson, executive director of the Chamber, will be in attendance at the May 5 Council meeting, at which time the Council could discuss the issue with her. ADJOURNMENT Motion by Councilmember Cook, seconded by Councilmember Polehna to adjourlJat 9:55 p.m. All in favor. ATTEST: A1t;~-P d: dlutL Diane F. Ward, City Clerk Resolution 2009-67, directing payment of bills Resolution 2009-68, resolution authorizing execution of agreement for Safe & Sober Resolution 2009-69, resolution of support of Yellow Ribbon Network of Washington County, City of Stillwater, Minnesota Resolution 2009-70, approval of St. Croix Valley Fire Service Agreement Resolution 2009-71, resolution ordering the preparation of report for the 2009 Sidewalk Rehabilitation Project (Project 2009-05) Resolution 2009-72, accepting bid and awarding contract for Myrtle Street Ravine Project (Project 2009-04) Resolution 2009-73, appointment to the Board Of Water Commissioners Ordinance 1007, an ordinance amending the City Code by changing 931-010, entitled "Definitions" and by changing 931-512, entitled "Regulation of Radio and Television Towers". Page 9 of 9