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HomeMy WebLinkAbout2009-03-03 CC MINOTHER BUSINESS CVB Update Discussion of Special Events Task Force ate INT IITNPLAE OF MINNESOTA CITY OF STILLWATER CITY COUNCIL MEETING March 3, 2009 REGULAR MEETING Mayor Harycki called the meeting to order at 4:30 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 4:30 P.M. Steve Roll, president of the Stillwater and Oak Park Heights Convention and Visitors Bureau, provided an update on the CVB since its inception January 1, 2008. He noted the first six months were set laying the foundation of the organization, such as writing bylaws and formulating a mission statement. He highlighted some of the marketing activities to date and some plans for the coming year. Mayor Harycki reviewed the impetus for looking into the possibility of forming a special events task force and Clerk Ward's memo regarding information she had received about what other cities do regarding this issue and comments from the Mayor and Council. Mayor Harycki noted that it is primarily residents of Ward 1 and Ward 2 who are impacted by events in the downtown area and suggested perhaps a good starting point would be to see if the Ward 1 and 2 Councilmembers would be interested in leading the effort to form a task force; Councilmembers Cook and Gag volunteered to do so. Mayor Harycki suggested that it would be good to involve the Chamber and CVB and one staff member; Community Development Director Turnblad said he would assist in the process. Councilmember Polehna suggested the task force look at the downtown beautification fee, suggesting beautification efforts are needed citywide. City Council Meeting March 3, 2009 STAFF REPORTS Fire Chief Glaser noted that several significant awards were to be presented at the evening meeting, and there likely would be a full house for the award presentations. It was suggested the awards to moved to the start of the evening meeting agenda. Mayor Harycki noted he would not be in attendance at the evening session and asked that his commendations be passed along to those receiving the award. Community Development Director Turnblad provided a brief update on the parking ramp project, noting utility work will begin soon. City Administrator Hansen said he has been very pleased with the progress on the ramp and Mr. Turnblad's communication efforts, as well as the people working on the project. Mayor Harycki asked about parking in the project area; Mr. Turnblad said it appears people are now getting used to the situation. Police Chief Gannaway said few tickets have been issued and agreed that it seems folks are adjusting to the situation. Councilmember Cook asked if the City has some protection against project cost overruns; City Administrator Hansen said the City was not able to get insurance against that likelihood and explained the measures that had been taken to protect the City's interests. Mr. Turnblad told the Council the Heritage Preservation Commission has begun the task of looking at the City's demolition ordinance and related issues and the HPC will make a recommendation to the Council for Council discussion before actually beginning work on any ordinance changes. Public Works Director Sanders referred to a letter from the Minnesota Department of Transportation (MnDOT) in response to the City's request for speed study throughout the City; the letter expressed a concern about the number of streets included in the request and suggested that the City have a meeting with MnDOT to define the area and possibly reduce the number of streets. It was agreed to bring this issue back to the Council and attempt to pare down the list. Mr. Sanders noted that MnDOT prefers to study only arterial and collector streets but likely would consider 1 or 2 local streets. City Administrator Hansen talked of the State's recently received budget report. He stated the League of Minnesota Cities has termed the report "pretty good" news, with the deficit less than anticipated due to the stimulus money. However the League noted the stimulus money is one-time money that won't help for the next biennium. Mr. Hansen stated from the League's perspective, it doesn't appear the Governor will need to make additional cuts to LGA or Market Value Homestead Credit for the 2010-11 biennium. Mr. Hansen said more will be known when the Governor responds in mid- March. Mayor Harycki asked for a report from the County Appraiser on what projected housing valuations look like; Mr. Hansen said he would contact the appropriate County person. Page 2 of 10 City Council Meeting March 3, 2009 ADJORN TO EXECUTIVE SESSION Prior to adjournment to executive session, City Attorney Magnuson read a statement indicating the first portion of the session is required to be closed by Minnesota statute when a discussion of internal affairs, investigative data is being discussed b y the City Council. RECESSED MEETING Vice Mayor Polehna called the meeting to order at 7 p.m. Present: Counciimembers Cook, Gag, Roush and Vice Mayor Polehna Absent: 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 PLEDGE OF ALLEGIANCE Fire Chief Glaser led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 800 MHz Update Washington County Page 3 of 10 7:00 P.M. Motion by Councilmember Cook, seconded by Councilmember Roush to approve the regular meeting minutes of February 17, 2009. All in favor. Dean Tilley, one of the managers of Washington County's 800 MHz system, was present to provide the Council with an update on the system; he noted that all users are expected to be on-line by the end of March. He spoke of the benefits of the system. Councilmember Roush asked about fees and the reason for a fee to the cities and townships beyond the equipment those entities require. Mr. Tilley explained there will be continuing maintenance costs as well as infrastructure costs. Councilmember Gag asked about local costs per radio versus other counties; Mr. Tilley stated each county operates their system a bit differently. Councilmember Cook asked about the possibility of negotiating fees for underused or unused radios; Mr. Tilley said he saw no reason why each agency would need to have a number of radios sitting on the shelf as backup, City Council Meeting March 3, 2009 noting that the County will have equipment that will be available on short notice for special needs. Mr. Tilley also noted that the Minnesota Emergency Services Board (MESB), the state organization that runs the radio system, requires that part of the user fees goes to the MESB to support the infrastructure. Chief Gannaway stated all of his department's radios would be used on a regular basis, though some more frequently than others. Mr. Tilley noted that City Administrator Hansen has volunteered to serve on an advisory committee that will look into issues once the system is fully operational, City Administrator Hansen said he was satisfied with the information regarding the availability of cache radios and would not recommend withholding payment until this issue is resolved as was suggested at the last Council meeting. Motion by Councilmember Gag, seconded by Councilmember Cook to move forward with the agreement for the 800 MHz system. Ayes: Councilmembers Cook, Gag, Roush and Vice Mayor Polehna Nays: None Proclamation: Washington County Historical Day Vice Mayor Polehna read the proclamation designating March 26, 2009, as Washington County Historical Society Day in the City of Stillwater in honor of the Society's 75th anniversary year. Meritorious Conduct Award-Gold Tim Bell, Jonas Werpy and Unit Citation for Chris Zeuti, Jon Bell, Rob Peltier, and Steve Zoller Meritorious Conduct Award-Silver Ken Olson, Steve Zoller and Unit Citation for Jonas Werpy State Fire Marshal Jerry Rosendahl spoke of the efforts of firefighters in reducing fire deaths and thanked the awardees for their service and courage. Fire Chief Glaser presented a Unit Citation to Jonas Werpy and Meritorious Conduct Silver Award to Firefighters Ken Olson and Steve Zoller for their actions on Dec. 18, 2008, that saved the life of a resident who was inside a home that caught fire on Edgewood Avenue. Fire Chief Glaser presented a Meritorious Conduct Gold Award to Tim Bell and Jonas Werpy and Unit Citation to Chris Zeuli, Jon Bell, Rob Peltier and Steve Zoller for their actions in rescuing persons from a vehicle submerged in the St. Croix River on April 13, 2008; he also acknowledged the efforts of other people who responded to the situation and those who initially reported the situation. Chief Glaser expressed his congratulations and thanks to the firefighters and their families in attendance. OPEN FORUM Rebecca Gow, 15689 Norell Ave. N., Marine, Vicky Gow, 1370 Curve Crest Blvd., #205, Stillwater, and Cheryl Jensen, 1370 Curve Crest Blvd., presented a request for a three- way stop sign and crosswalk at Northwestern Avenue and Curve Crest Boulevard, Page 4 of 10 City Council Meeting March 3, 2009 along with a request to consider a walking lane down the side of Northwestern Avenue. Ms. Rebecca Gow presented a petition with over 500 signatures from local residents and businesses concerned with the safety of fellow residents. Ms. Rebecca Gow spoke on an incident that occurred in April 2007 when Ms. Jensen, who was in a wheelchair, was struck by a car while crossing Curve Crest on her way to an appointment at a location on Northwestern Avenue. Ms. Gow noted that many local residents depend on services offered at locations on Curve Crest Boulevard and walking, biking or wheelchairs are the only means of transportation available to many of those residents. Vicky Gow spoke of a concern for the many children in the area and noted this is no longer an industrial area, but a residential area, as well as a concern for the safety of the residents whose only means of transportation is wheelchair; she also pointed out that the local Food Shelf is located on Curve Crest and ought to be accessibielo those who can't afford a car. Ms. Jensen spoke of her experience when she was struck by a car. Vice Mayor Polehna suggested having Public Works Director Sanders meet with these residents and come back with some recommendations. CONSENT AGENDA Motion by Councilmember Gag, seconded by Councilmember Roush to approve the Consent Agenda. Ayes: Councilmembers Cook, Gag, Roush and Vice Mayor Polehna Nays: None 1. Resolution 2009-42, directing payment of bills 2. Resolution 2009-43, approving Washington County On-Line Software Access Agreement 3. Resolution 2009-44, amending the Personnel Policy of the City (FMLA) 4. Resolution 2009-45, abatement of special assessment 5. Resolution 2009-46, approval of license to use real property (Lily Lake Park for Hazardous Waste Day) PUBLIC HEARINGS Case No. 08-51.This is the date and time for a public hearing to consider a request from City of Stillwater for a variance to the river and bluff setback for Bernstein and Shoddy Mill located at 805 South Main Street in the 1B, Heavy Industrial District and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on February 20, 2009. Community Development Director Turnblad provided background on the proposal to relocate the Bergstein and Shoddy Mill buildings to property near the former Aiple terminal as part of the new bridge mitigation process. He noted that MnDOT will be responsible for the cost and actual moving of the structures and the primary reviewing agencies, including the National Park Service and Department of Natural Resources (DNR), have indicated verbal OK contingent on approval of necessary variances. Mr. Page 5 of 10 City Council Meeting March 3, 2009 Turnblad pointed out the DNR is OK with the requested river setback because the proposed location is actually an improvement over the former terminal building setback. The National Park Service is primarily concerned that the river shoreline revert to as natural a state as possible; MnDOT will help to naturalize the shoreline without variances, he noted there is no usable space on the site. The Planning Commission felt the variances were justified and recommended approval, he stated. If approved the proposal will go to the Heritage Preservation and Parks Commissions for review and recommendation for planned uses. Councilmember Cook asked if the City would be responsible for restoration and ongoing maintenance costs; Mr. Turnbiad said the City likely will be responsible for those costs, but there is no restoration plan at this point. On a question from Councilmember Cook, Mr. Turnblad stated this action (granting the variances) would be committing the City to a location and, once the buildings are on site, a commitment to securing the buildings and keeping them from deteriorating until the City has plans for the re-use of the buildings. Mr. Roush asked about the building elevations; Mr. Turnblad stated the floor of the building(s) would be 1' above 100-year flood elevation. Vice Mayor Polehna opened the public hearing. There was a question about the height of the building compared to the former Aiple building. Mr. Turnblad stated the impact of the buildings will be significantly less than the Aiple building. No other comments were received. Motion by Councilmember Roush, seconded by Councilmember Gag to adopt Resolution 2009-47A, resolution approving setback variances for the relocation of the historic Bergstein buildings to property located at 805 South Main. Ayes: Councilmembers Cook, Gag, Roush and Vice Mayor Polehna Nays: None Case No. 09-03. This is the date and time for a public hearing to consider a request from BWBR Architects, Shannon Brambery, for a special use permit request for the remodel and expansion of the mechanical room located at 927 West Churchill Street (Lakeview Hospitall in the RB, Two Family Residential District and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on February 20,, 2009. (Applicant has requested continuance to March 17, 2009) Vice Mayor Polehna announced this case had been continued to the March 17, 2009, meeting. UNFINISHED BUSINESS Possible approval of Stillwater Criterium (Bike Race) Contract (Resolution — Roll Ca0 City Attorney Magnuson stated the proposed contract for the bike race is a draft that was formulated in an attempt to include the same sort of conditions that are in place for the marathon. He stated he had e-mailed copies to several people but has not heard whether it is acceptable or whether it has been shared with the bike race folks. Page 6 of 10 City Council Meeting March 3, 2009 Councilmember Gag said both he and the Mayor, who served on the committee to work with the bike race people, had the opportunity to look at the draft agreement but have not had the opportunity to meet personally with the bike race contact person and have not talked with each other regarding the draft. Councilmember Gag said he thought it was appropriate and consistent with what was done with the marathon. Councilmember Cook asked what had been done for consistency with the marathon; Councilmember Gag noted that a dollar fee was added, as well as the responsibility for all associated City costs to be borne by the promoter. Councilmember Roush asked if the starting/finish line is acceptable to the Ward 1 and Ward 2 representatives. Councilmember Cook said the issues that have been most problematic in the Oast have been related to traffic flow and said she had talked with Police chief Gannaway regarding placement of barricades to see if there are some adjustments that can be made to satisfy the neighborhoods; she also stated downtown businesses along Chestnut, from Main to Second, actually close during the race and said she also asked Chief Gannaway to somehow take those businesses into consideration in the placement of barricades. Councilmember Cook said she was satisfied with the consistency of the agreement and felt it was fair that the promoter be responsible for City costs. It agreed to table action until the two committee members, Councilmember Gag and Mayor Harycki, have had an opportunity to discuss the proposal and make a recommendation about how to proceed. Possible second reading of Ordinance No. 1005, an ordinance amending Section 51-5, Snow Emergencies of the Stillwater City Code City Attorney Magnuson noted this is the second reading. If approved, the ordinance will be published and will become effective after publication. Vice Mayor Polehna asked this ordinance should be passed by the City Council. Ayes: Councilmembers Cook, Gag, Roush and Vice Mayor Polehna Nays: None NEW BUSINESS Possible first reading of Ordinance No. 1006, an ordinance amending Section 38-3, Noise Control and Regulations of the Stillwater City Code, City Attorney Magnuson stated the ordinance had been changed since first presented at the last meeting. He pointed out the revised ordinance defines variances as waivers so as to not make this a zoning issue and requires public hearings only for waivers requested in the Public Administration Zoning District, which includes the Library; in all other districts, the Council could grant waivers, such as for block parties, backyard gatherings, etc., without public notice if the applicant provides written letters of support from neighboring property owners. Councilmember Roush said his only concern is with the responsibility for the cost of mailing for the public notice; City Attorney Magnuson stated that could be clarified before the second reading and suggested adding language stating the Council may by resolution establish a fee for filing. Councilmember Cook Page 7 of 10 City Council Meeting March 3, 2009 said she thought fees should be part of a different discussion and not set by specific ordinance. City Attorney Magnuson suggested that the enabling language -- the Council may establish a fee allows the Council to add this fee to the fee schedule in the future. Motion by Councilmember Roush, seconded by Councilmember Cook to approved the first reading of the ordinance with the amendment as stated by City Attorney Magnuson. Ayes: Councilmembers Cook, Gag, Roush and Vice Mayor Polehna Nays: None Possible approval of design for Legends Park Shelter and bid for the Well House received by the Water Board of Commissioners Ayes: Councilmembers Cook, Gag, Roush and Vice Mayor Polehna Nays: None Page 8 of 10 Community Development Director Turnblad stated the Water Board bid the shelter for Legends Park as an alternate with the bid for the well house and received great bids. He said the Water Board is requesting the Council to approve an expenditure of $17,900 for the shelter building; the shelter will have enough room for four tables and will have electric service. The design of the picnic shelter features elements of the well house itself. The shelter will be paid for with a portion of the funds ($90,000) dedicated by the Water Board for improvements to Legends Park, he stated. Councilmember Roush questioned whether the capital expenditure freeze applied; Mr. Turnblad explained that this purchase is different in that it will be paid for by dedicated funds. Motion by Councilmember Gag, seconded by Councilmember Cook to adopt Resolution 2009-47, authorizing the Stillwater Board of Water Commissioners to accept bids and proceed with the construction of a new park shelter at Legends Park. Possible approval of Capital outlay purchase of a new loader and a sweeper Public Works Director Sanders presented the request to purchase a new street sweeper and new loader to replace the City's 26-year-old grader. He said replacing the grader with a loader will provide more flexibility in plowing operations. Working through the state contract, the City was able to find a demo/used loader for $144,000, and the vendor is offering a $40,000 trade-in on the existing grader, despite needed maintenance/repair costs. Mr. Sander said other options have been looked at, including rental and purchase of used equipment, as outlined in his memo. On a question by Councilmember Roush, Mr. Sanders stated this requested purchase was included in this year's capital outlay budget. Councilmember Roush asked if needed repairs could be done in-house; Mr. Sanders responded that some of the repairs could be done by staff, but noted his department has a limited repair budget. City Council Meeting March 3, 2009 Councilmember Cook wondered about the possibility of some joint-powers agreement for sharing of large pieces of equipment. Motion by Councilmember Gag, seconded by Councilmember Roush to approve the purchase of the loader. Ayes: Councilmembers Cook, Gag, Roush and Vice Mayor Polehna Nays: None Mr. Sanders reviewed the request for a new sweeper, including the cost, trade-in allowance and cost of needed repairs to the existing sweeper. He also reviewed the benefits and capabilities of the new type of sweeper in reducing pollutants reaching lakes/river. He noted this purchase is included in the capital outlay purchase request but is funded by the Storm Sewer Utility Fund. Mr. Sanders briefly reviewed the sweeping requirements of MS4 permit cities. Councilmember Roush asked about any other major purchases that may be coming. Councilmember Gag said it would be helpful for the Council to be updated on capital purchases to date and what is remaining for 2009; Councilmember Cook agreed that would be helpful; she also raised the possibility of a shared arrangement regarding the sweeper. Mr. Sanders and City Administrator Hansen said the shared arrangement could be looked at. Motion by Councilmember Gag, seconded by Vice Mayor Polehna to approve the purchase of the sweeper. Ayes: Councilmember Cook, Gag, Roush and Vice Mayor Polehna Nays: None Approval of software purchase for the Community Development Department MIS Specialist Holman reviewed the requested purchase of software. She noted this purchase is the second phase of a project to coordinate and link various departmental information. She stated funding is from capital outlay money that was rolled over from 2008. Councilmember Roush asked about annual maintenance costs; Ms. Holman said there is an annual maintenance fee of $395 a year. Motion by Councilmember Gag, seconded by Councilmember Roush to approve the purchase of software for the Community Development Department. Ayes: Councilmembers Cook, Gag, Roush and Vice Mayor Polehna Nays: None STAFF REPORTS (continued) Chief Gannaway reported there would be temporary posting of "no parking" on both sides of Chestnut from Main to Third Street on the day the Minnesota Guard unit is deployed. Page 9 of 10 City Council Meeting ADJOURNMENT Motion by Councilmember Roush, seconded by Councilmember Gag to adjourn at 8:55 p.m. AM in favor. ATTEST: arry nsen, City CityAdrninistrator Michae Po ehna, Vice Mayor Resolution 2009-42, directing payment of bilis Resolution 2009-43, approving Washington County On-Line Software Access Agreement Resolution 2009-44, amending the Personnel Policy of the City (FMLA) Resolution 2009-45, abatement of special assessment Resolution 2009-46, approval of license to use real property (Lily Lake Park for Hazardous Waste Day) Resolution 2009-47, authorizing the Stillwater Board of Water Commissioners to accept bids and proceed with the construction of a new park shelter at Legends Park Resolution 2009-47A, resolution approving setback variances for the relocation of the historic Bergstein buildings to property located at 805 South Main Page 10 of 10 March 3, 2009