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HomeMy WebLinkAbout2010-05-18 CC MIN. grater lYE IIITN ►IICE 1f NIYY FIIf1 MINUTES CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street May 18, 2010 REGULAR MEETING Mayor Harycki called the meeting to order at 7 p.m. 7:00 P.M. Present: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders Administration Secretary Manos PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Cook, seconded by Councilmember Roush to approve the minutes of the May 4, 2010, regular and recessed meeting. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Annual Heritage Preservation Awards Howard Lieberman, chair of the Heritage Preservation Commission, presented the annual Heritage Preservation Awards. This year's recipients were: Gartner Studios for facade restoration of the Dairy Queen building; Arlen and Jill Rivard for facade restoration of the Olive Oil building; and Karen Dahlquist and Steve Olesen, 519 Laurel St. W., for restoration of a residential structure. OPEN FORUM No comments were received. STAFF REPORTS Fire Chief Glaser reported that the department had responded to a request from Bayport Fire for mutual aid on a house fire. The department also responded to three motorcycle accidents the weekend prior to the Council meeting. The department conducted 14 inspections in conjunction with the spring Art Fair, and also participated in a special fire drill with residents at Rivertown Commons, senior high rise. He also spoke of planning for the upcoming Stillwater Marathon. He noted the department would be assisting with the annual school patrol picnic and told the Council that the Stillwater Elks have donated $1,000 to the City Council Meeting May 18, 2010 department for the fire boat. He added that May 28th is the anniversary of the Stillwater Fire Department that was established by the City Council 138 years ago. Community Development Director Turnblad reported the Comprehensive Plan update is nearing final approval by the Met Council and could be available for final adoption by the City Council at the Council's June 1 st meeting. Public Works Director Sanders provided an update on the Cayuga demolition. He reported that the contractor has started work on the asbestos removal, which will be followed by lead paint removal and then scrapping of the boat itself. City Administrator Hansen reported that the Legislature has formally approved the Governor's original unallotments of $829,277 and another $7,519 in April. The Legislature has also decided, by law, not to reimburse the City for the market value homestead credit of $373,847. This is a total of $1,210,643 that has been enacted into law and the City will not receive. He noted those are annual funds. He said he is making the assumption that the $175,778 that remains will be taken away as well. He said the City enacted most of these cuts in the 2010 budget, along with $558,000 in cuts that were presented to, but not formally approved by, the Council in February. Mr. Hansen indicated that the Legislature has scheduled the City to receive an increase in local government aid in 2011, but he would not expect to see any of that money. CONSENT AGENDA 1. Resolution 2010 -74, directing payment of bills 2. Resolution 2010 -75, approving agreement with Springsted Inc. for Continuing Disclosure Services 3. Resolution 2010 -76, approving agreement with Comcast for internet services 4. Resolution 2010 -77, approving Minnesota Historical Society Certified Government Grant Agreement Motion by Councilmember Gag, seconded by Councilmember Polehna, to approve the Consent Agenda as presented. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None PUBLIC HEARINGS This is the date and time for the public hearing to consider the 2010 Supplemental Street Improvement Project. Notices were mailed to affected property owners and published in the Stillwater Gazette on Mav 7th and May 14th, 2010. Assistant Engineer Kraftson reviewed the proposed supplemental street improvement project. He indicated that the existing conditions of the two sections of streets proposed to be added were Mulberry from Everett to Fourth and Pine Tree Trail from Pine to Olive Street. Mr. Kraftson also reported estimated costs and proposed assessments /financing. He noted that because Page 2 of 9 City Council Meeting May 18, 2010 the cost of the supplemental project is less than 25% of the initial street project, additional bids will not have to be solicited. Mayor Harycki opened the public hearing. Todd Rich, 422 Pine Tree Trail, expressed concern about the cost. He said he thought his portion of the street could get by with just a milling. Mr. Kraftson explained why staff decided against just a mill and overlay for that section of Pine Tree Trail: it was initially built with just 2" of pavement; and the pavement doesn't show the kind of support needed for a mill and overlay. Mr. Kraftson also pointed out options for payment of assessments. Mr. Rich said he thought the ADA sidewalks were just replaced 2 years ago. Mr. Sanders responded that the sidewalks were replaced in 2005, but pointed out that the City is required by federal law to bring the sidewalk ramps up to the new truncated dome standards. Mr. Kraftson added that the ramp work can be done efficiently, limiting the amount of sidewalk that needs to be replaced. Dan Swope, 608 Pine Tree Trail, asked whether only those residents who live on Pine Tree Trail between Pine and Olive will be assessed or whether residents who live on Pine Tree Trail on the other side of Pine Street will be billed as well. Mr. Kraftson indicated that only those residents who live on the block between Pine and Olive will be assessed. Mr. Swope asked whether there are plans to do a project on the other section of Pine Tree Trail Mr. Kraftson pointed out that the City is updating its 5 -year pavement management plan and that section likely will appear on the updated plan. Wilford Buhl, 406 W. Mulberry St., stated he has two lots and asked whether the per unit assessment is per house or per lot. Mr. Kraftson responded that the unit is per house. Mr. Buhl asked how long the work would take. Mr. Kraftson indicated that the work is done fairly quickly and could be finished within a two -week period. On a question by Mayor Harycki, Mr. Kraftson responded that residents will get advance notice when the project might begin. He also noted that a mill and overlay project is not obtrusive. Residents will still have access and no disruption of mail or garbage pickup. No other comments were received, and the hearing was closed. Motion by Councilmember Gag, seconded by Councilmember Polehna, to adopt Resolution 2010 -78, ordering Improvement, Approving Plans and Specifications, and Extending Unit Prices from the 2010 Street Improvements Project for the 2010 Supplementary Street Improvement Project (Project 2010 -07). Councilmember Cook spoke of the importance of maintaining the City's infrastructure. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Page 3 of 9 City Council Meeting UNFINISHED BUSINESS May 18, 2010 Possible approval of plans and specifications and authorization to bid for the 2010 Seal Coat protect. Mr. Kraftson proposed that approval is sought to go out to bid with four other communities. At a request by Councilmember Polehna, Mr. Kraftson indicated legislation was pending related to cold tar sealants. Mr. Kraftson stated that Stillwater has never used the cold tar sealants on any of its projects, but it is often used for residential driveway sealing. He noted the sealants include pollutants which run off and result in contaminated sediments in drainage ponds. He reported that the legislature has banned the use of cold tar sealants on state highway projects, but has not done an across the board ban. He added that the state has written some model ordinances wherein cities can enact for their own bans. He stated that the Minnesota Pollution Control Agency is looking at providing some cleanup funding for sediment ponds and that one of the criteria to be eligible for such funds is that a city must have enacted a ban of the cold tar sealants. He indicated that the disadvantage of moving ahead with a model ordinance on the local level is that it will eventually move in a state process and the local ordinance may or may not be consistent with what happens at the state level. He stated that it would be his recommendation not to move forward with a model ordinance at this time, and that the City is not looking for funding at this point to clean out ponds. He said the City will be cleaning out a pond this year and did some testing and none of the pollutants in question were found in the sediment. Mr. Kraftson also pointed out that the cold tar sealants have been pulled from the shelves of most hardware stores and most professional applicators are using the new asphalt sealants. Councilmember Roush wondered whether it might not be good to send a letter to local merchants asking that they pull the products in question if they haven't done so already. Councilmember Polehna said he thought it was important for the Council to be aggressively looking at this issue, pointing out that the City has put a lot of effort into the water bodies in the community. Mayor Harycki suggested this issue be put on the agenda for discussion at the upcoming joint meeting with the Brown's Creek and Middle St. Croix watershed organizations. Regarding the annual seal coat project, Mr. Kraftson said the City's budget is $100,000. Other communities participating in the bid process include Bayport, Oak Park Heights, Baytown Township and Stillwater Township. Mayor Harycki asked if the School District had asked to be included and Mr. Kraftson responded that he has not heard from the School District. On a question by Councilmember Cook, it was noted that seal coating is not an assessed project. Motion by Councilmember Polehna, seconded by Councilmember Roush, to adopt Resolution 2010 -79, authorizing advertisement for bids for 2010 Seal Coat Improvement Project (Project 2010 -04). Page 4 of 9 City Council Meeting May 18, 2010 Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None NEW BUSINESS Discussion on Dairy Queen Proposal for the Recreation Center. City Administrator Hansen noted that about six months ago, the City received a proposal from Dairy Queen to operate the concessions at the Recreation Center. The proposal was to pay the City $60,000 a year, which is what the City nets after expenses and wages. He indicated that the proposal was for a 10 -year agreement, as Dairy Queen would have to install a number of lease -hold improvements to make the operation work. At that time, Council decided the fairest approach would be to go to bids, so the City advertised for bids and none were received. He stated that Dairy Queen has now submitted the exact same proposal and asked whether the City would consider the proposal again and whether the City would require re- bidding. Mr. Hansen pointed out that Mr. Magnuson had provided an opinion that bids would not be required as bids had already been solicited once previously and there is only one source likely to provide the service in question. Mayor Harycki stated that he thought the City had gone through the steps to solicit public interest, and that none was received. He stated that he would feel comfortable with going forward with the Dairy Queen proposal, and having City Attorney Magnuson enter into the appropriate negotiations. Councilmember Roush asked why Dairy Queen didn't respond to the initial solicitation of bids. Doug Brady, Recreation Center Manager, replied that Dairy Queen was going through some personnel changes at the time; those changes have now been made and they would like to readdress the proposal. Mayor Harycki noted that the City nets $60,000 from the concession operation. Dairy Queen is proposing to pay the City that $60,000 with the justification that they would be able to run the operation more efficiently, and make a profit over and above the $60,000 paid to the City. Mr. Brady pointed out that Dairy Queen would be doing some upgrades at its own cost, so more products would be available to customers and at no cost to the City. Mayor Harycki asked about signage, and Mr. Brady responded that no outside signage is proposed. Councilmember Roush pointed out that when this proposal was discussed before, the City had some other caveats, such as pro rating the $60,000 over the 10 -years of the agreement, and that he would be interested in having the minutes of that discussion pulled for review. Mr. Hansen said he could e-mail the minutes to Councilmembers. Councilmember Cook asked if there is any downside to this proposal. Mr. Hansen responded that he does have some concerns, such as having ice cream in the stands, but thinks that they are all items that can be covered in a Page 5 of 9 City Council Meeting May 18, 2010 contract agreement. Mr. Hansen expressed that he thought overall, the positives outweigh the negatives. Mayor Harycki recalled that during the original consideration, there was some discussion of a percentage of revenue over a certain sales target. Mr. Hansen suggested those issues can be addressed in the contract proposal. Councilmember Roush wondered whether people might think of the Rec Center as a Dairy Queen, and it might become a destination spot for that reason. Mayor Harycki stated that is why he asked about exterior signage. Mr. Brady suggested that anytime you can bring people into the building, it is a positive, noting that there are still people in the community who have not been inside the Rec Center. Councilmember Polehna suggested that this would put the City's ice arena up with the Schwan's super rink as a first -class facility. Mr. Magnuson stated that he thought he had enough direction to proceed with a possible contract for consideration by the Council. No formal action was taken. Discussion on promoting Stillwater as the 4th Best Small Community in the United States to Live In (Under 40,000). Councilmember Roush asked for some discussion of how to promote Stillwater's recent recognition from a tourism /promotional standpoint; he suggested perhaps signage at the City limits. Councilmember Polehna thought the recognition should at the least be on the City's web page. Councilmember Gag indicated that the Chamber and CVB were the appropriate vehicles to do any promotion. Mayor Harycki noted that any signage would have to be approved by MnDOT. Councilmember Polehna suggested this could be used in conjunction with the focus on economic development. City Administrator Hansen pointed out that the City could have staff discussions with the Chamber and CVB leadership. Possible purchase of fire apparatus. Fire Chief Glaser asked the Council to authorize his department to attain bids for the purchase of a new fire apparatus. He referred to his memo regarding the status of the department's equipment. He pointed out that he was keenly aware of the City's budget situation, and that he would not be making this request if he did not believe it a serious issue and much needed piece of equipment for the citizens of Stillwater. He noted the City currently has three pieces of equipment that are over 20 years old. The issue, he indicated, is that the repair expenses in the memo do not include any of the mandatory testing that still needs to be completed by the end of the year. He also noted that if the oldest of the engines does not pass its pump certification, it could result in $5,000- $8,000 in additional Page 6of9 City Council Meeting May 18, 2010 repairs for that truck. Prior to the recent budget crisis, he reported that the department had been budgeting for the replacement of its fleet, with a bit more than $290,000 in capital improvement funding put aside and the possibility of additional carryover funds bringing the total to $315,000- $325,000 for the purchase of a new engine. He briefly reviewed a number of options for procuring a new engine. Councilmember Roush asked if there is any resale value for the existing truck. Chief Glaser responded that there is no value except to the City for a possible backup engine. Chief Glaser stated that according to ISO standards, the City should have at least three Class A engines and it currently has two. Mayor Harycki asked if there are grants available. Chief Glaser answered that the City was unsuccessful in its grant application last year, but would be submitting another grant application this year. He suggested that the possibility of grant funding should not replace budgeting, noting that when the fire service delivery study was completed in 2005, it was recommended the City have $1 million in the bank for apparatus replacement. He added that attaining bids and possible purchase of a fire truck was in the CIP for 2010, with another replacement scheduled for 2013. He then indicated that it takes about a year to take possession of a new piece of fire equipment. Mayor Harycki asked if this would be a highly customized piece of equipment. Chief Glaser stated that the bid would be for the most standard piece of equipment that will meet the City's needs. Mayor Harycki said from a planning standpoint, he thought it made sense to at least go out for bids to look at the cost. City Administrator Hansen noted that the City has been attempting to budget money so it doesn't get hit with the need for an $800,000 fire tuck in one year. In the last three years, he added, the City's budget has been so tight it hasn't been able to set aside those funds. Mr. Hansen agreed that is seems prudent to at least authorize bids, noting the Council could still decide that a purchase is not possible. Motion by Councilmember Roush, seconded by Councilmember Polehna, to prepare specifications and obtaining bids for the new fire truck. All in favor. COUNCIL REQUEST ITEMS Councilmember Cook talked about her experience with traffic during the weekend of the spring Art Fair. She reported that the traffic was so bad, it took her about 35 minutes to drive a short distance from her home. She stated that the downtown traffic was so bad; people were making illegal turns onto Chestnut Street. She wondered what kind of enforcement is available during high traffic events. Chief Gannaway responded that normally reserve officers are used for such events. Councilmember Cook pointed out that she didn't see any kind of traffic control. Councilmember Polehna added that he was told the reserve officers were pulled. Page 7 of 9 City Council Meeting May 18, 2010 Chief Gannaway indicated that he would look into that. Mayor Harycki said he didn't encounter any problems coming from the north. Councilmember Cook referred to a letter from a resident at the Lofts who brought up parking problems generated from the event, and another letter from a resident who brought up the fact that the parking ramp was virtually empty. Councilmember Cook hoped that reserve officers could be used to move traffic through to get event -goers to the parking ramp, rather than having a major chaos downtown. Mayor Harycki suggested part of the problem was that the walkway by the river was nearly under water, so pedestrians were crossing the street. Councilmember Cook asked how many reserve officers the City has available. Chief Gannaway responded that there are 13 reserves, with generally four officers assigned to special events and placed at control points directing traffic across Chestnut, which is generally the worst spot for pedestrian safety. Councilmember Cook stated that she was looking at having officers directing traffic at the intersections of Myrtle and Main, and Chestnut and Main. Councilmember Polehna suggested maybe the City needs more reserves considering the increasing number of requests for events in Lowell Park, or a traffic flow program for downtown. Chief Gannaway reported that one of the things the traffic safety committee is exploring is developing a traffic program for downtown, such as closing access through the parking lots and closing Water Street at the south end. Councilmember Cook asked about the audible signals on the new traffic signals downtown. Public Works Director Sanders answered that those are now ADA required and were installed by MnDOT as part of the overlay project, but he would check on the volume limit. Mayor Harycki asked about the possibility of getting some signage for the free parking area in front of the ramp on Third Street, directing people downtown and /or noting that is a free parking area. Mayor Harycki noted that during the Council retreat session, there was discussion of a possible time limit on the mooring slips that are available to the public during the major events downtown. City Administrator Hansen indicated that he would discuss the issue with Mr. Anderson of St. Croix Boat and Packet. Councilmember Polehna suggested the availability of those slips might be good to include on the City's web page. Councilmember Polehna asked for an update on the ramp usage and Community Development Director Turnblad replied that it is scheduled for next month. Page 8of9 City Council Meeting ADJOURNMENT May 18, 2010 Motion by Councilmember Polehna, seconded by Councilmember Roush, to aAoal•n at 8:26 p.m. All in favor. ATTEST: Diane F. Ward, City Clerk Resolution 2010 -74, directing payment of bills Resolution 2010 -75, approving agreement with Springsted Inc. for Continuing Disclosure Services Resolution 2010 -76, approving agreement with Comcast for internet services Resolution 2010 -77, approving Minnesota Historical Society Certified Government Grant Agreement Resolution 2010 -78, ordering improvement, approving plans and specifications, and extending unit prices from the 2010 Street Improvements Project for the 2010 Supplementary Street Improvement Project (Project 2010 -07) Resolution 2010 -79, authorizing advertisement for bids for 2010 Seal Coat Improvement Project (Project 2010 -04) Page 9 of 9