HomeMy WebLinkAbout2010-10-05 CC MIN"illwater
IN OIRTM PLACE OF OIIRR EOO TR
CITY COUNCIL MEETING
October 5, 2010
REGULAR MEETING 4:30 P.M.
Mayor Harycki called the meeting to order at 4:30 p.m.
Present: Councilmembers Cook, Polehna, Roush and Mayor Harycki
Absent: Councilmember Gag
Staff present: City Administrator Hansen
City Attorney Magnuson
Community Development Director Turnblad
Finance Director Harrison
Fire Chief Glaser
Public Works Director Sanders
City Clerk Ward
OTHER BUSINESS
Presentation Downtown Pedestrian Plaza & North Lowell parking Options
Planner Mike Pogge gave a brief history of the pedestrian plaza concept and
noted that, in 2006; the City set aside $375,000 as part of the CIP for the plaza
and also included the pedestrian plaza in its Comprehensive Plan update. He
said the project is being brought up at this time to coordinate it with the levee
project and Lowell Park improvements. He noted that Roger Tomten and Mike
Deem of ArchNet have done some pro bono work on behalf of the City and
developed more detailed design elements and concept plan for the City to
consider. He reviewed some of the major elements of the plan including:
intersection improvements; making Commercial Street one -way up to the parking
ramp and widening the sidewalk on the north side to a 20' wide area to
emphasize the pedestrian connection; elimination of one drive aisle and two bays
of parking in the public parking lot between Main and Water Street. He noted that
the elements of the plaza, such as water features, kiosks, pergolas, etc., are
conceptual and yet to be decided on. He stated that this plan includes 40' of
property owned by the Water Street Inn and that staff believes it is important to
acquire or obtain the rights to use the property in question as it impacts the
transition from the pedestrian plaza into Lowell Park and also impacts the future
development of Lowell Park. He provided some visual perspectives of the
concept plans developed by Mr. Deem and Mr. Tomten. He said the suggested
next steps include negotiating with Water Street Inn for the 40' strip of land in
City Council Meeting
October 5, 2010
question; hosting a public open house, tentatively scheduled prior to the
October 25 Parks and Recreation Commission meeting; securing services of a
design consultant to complete construction plans and cost estimates; obtaining
feedback from major stakeholders, including businesses and event sponsors;
and work to find additional funding sources.
Councilmember Roush suggested incorporating the area's logging heritage in the
theme of the pedestrian plaza.
Mayor Harycki asked if there was a rough budget estimate for the project; Mr.
Pogge stated there is no cost estimate, which is why it is important to secure the
services of a design consultant at this time.
Mayor Harycki expressed the City's appreciation to Mr. Deem and Mr. Tomten for
their pro bono assistance.
Councilmember Cook asked about the available funds; Mr. Pogge stated
$375,000 has been set aside and is available for the project at this time.
Councilmember Polehna asked if the project could be tied together with the
Lowell Park improvements; Mr. Pogge said staff is looking at that and the project
may be done in phasing depending on the funding availability and in conjunction
with the Corp's levee construction work.
Councilmember Polehna suggested that the plaza plans should be tied into the
overall plans for Lowell Park, including the bike trail.
Councilmember Cook noted that the Council had asked Public Works to develop
some estimates for fund - raising efforts for Lowell Park improvements; Mr.
Sanders said staff has been working on that and has a landscape plan, plans for
restroom improvements, and hardscape improvements for the south end of
Lowell Park.
Mr. Pogge noted there is about $500,000 in available funding for Lowell Park
improvements, along with the $375,000 for the pedestrian plaza, and that it might
be possible to use some of the CIP funds for the design work since it is related to
the capital work.
Councilmember Polehna said it would be important to tie the pedestrian plaza
into the overall designs for Lowell Park improvements, especially plans for the
northern portion of the park.
Councilmembers Cook and Polehna questioned whether October 25 might be
too soon to hold the open house as it would be important who the design
consultant to hear the input from the community.
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Mayor Harycki noted the open house would be just the first of a number of public
meetings.
Councilmember Cook reiterated her concern about having the open house on
October 25 due to a number of unanswered questions, including the cost of
acquiring the Water Street Inn property. Mr. Pogge noted that the intent of the
open house is not to do a formal presentation but to present visuals of the
concept design and have folks fill out comment forms and begin a dialogue with
the community.
Councilmember Cook asked that the information be posted on the City's web
site.
Councilmember Polehna reiterated his comments about the importance of tying
the pedestrian plaza into the overall design and plans for Lowell Park. Mr.
Turnblad said staff is aware that this is a project that involves more than just the
pedestrian plaza, that it involves the levee project, north Lowell Park and
amphitheater and trail way. He stated that would be included in the RFP for
design services and that the RFP would be reviewed by the Council before being
sent out.
Mr. Pogge reviewed three Options for parking along Lowell Park north of Myrtle
Street. He said the options were developed by staff, in conjunction with the
Parking Commission and input from the Parks and Recreation Commission. He
noted that both commissions favored Option B, which results in the net loss of
two parking spaces.
Councilmember Cook asked about the potential impact of the bike trail on the
need for parking; Mr. Turnblad said the DNR anticipates that the trail will
generate 200,000 visits in a year.
Councilmember Polehna suggested those estimates are low.
Councilmember Roush said he might favor Option C, the plan that maximizes
parking, looking to the future and the completion of the trail.
Mayor Harycki noted that the parking ramp was developed to protect the river as
an asset and get parking away from the river.
Councilmember Polehna noted that the ramp was built with the premise that the
City would be losing 40+ parking spaces in Lowell Park. There was additional
discussion about various Options for the trail.
Mr. Pogge said the next step, if the Council selected one of the proposed
Options, would be to work with the Corps of Engineers, which will do the grading
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for much of the parking areas; develop plans in -house for construction of the new
lots; and obtain input from impacted businesses and downtown interest groups.
Councilmember Roush pointed out that the outer lines for parking of cars in both
Options B and C are identical, the variable is where the bike trail is located; he
suggested that Option C brings people more into the green area as the bike path
goes closer to the river. Mr. Pogge pointed out that Option C results in many
issues related to how bikes interface with vehicular traffic.
Councilmember Roush noted that Option C does not have the trail crossing
vehicular traffic, while Option B does.
Councilmember Polehna said he thought Option A was the preferred Option
several years ago. Mr. Pogge said he thought the preference for Option B was a
combination of balancing parking needs with the need to build a levee during
flood events. Mr. Sanders explained the benefit of Option B for flood fighting
efforts.
Councilmember Cook said she thought the compelling issue for Option B was the
infrastructure issue.
On a question by Councilmember Polehna, Mr. Pogge said the Parking
Commission is looking at having the new paved parking area a pay lot to offset
costs;
Mayor Harycki suggested providing some cement pads for motorcycle parking.
Councilmember Polehna spoke of his desire to have power lines buried and that
he would continue to work towards that objective.
On a question by Councilmember Cook, Mr. Pogge stated the funding for the
parking improvements would come from the Parking Enterprise Fund.
Mr. Sanders pointed out that as part of the levee project, the Corps of Engineers
will be reconstructing all of the parking lots from Nelson Street to Mulberry; the
parking lot north of Mulberry would be paid from by the Parking Commission
revenues.
Motion by Mayor Harycki, seconded by Councilmember Polehna to accept Option B of
the parking plans. All in favor.
Discussion and possible approval of Special Events Task Force recommendations
Mr. Turnblad highlighted five recommendations of the task force. He noted that
about 85% of events will be handled in essentially the same way they are now.
For the 10 -15% that go beyond a regular event. He informed the Council that the
recommendation is to require the organizer of events not held entirely within a
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park to provide neighborhood notice, in the form of a flyer that includes contact
information, information about the type of event and what to expect. The task
force also recommends that special events with contracts that do not have
grandfathered status be required to hold a public meeting, moderated by staff, to
provide information and answer questions /concerns. The task force also
recommended that the City should budget for downtown beautification items
rather than charge events a beautification fee. Mr. Turnblad reviewed a table with
definitions and thresholds for determining events, special events and contract
special events. He also reviewed the recommendations regarding the
requirements for public notice and public comments as well as fees for use of
City services and facilities for events and special events; he noted that the
existing fee schedule for use of park facilities will not be changed — these fees
would be over and above the regular fee schedule. There was discussion of
possible fees for various events.
Councilmember Polehna asked about application deadlines, referring to a recent
event that wasn't reviewed by the Parks Commission due to the lateness of the
application. Mr. Turnblad reviewed the deadlines for the events and special
events. It was noted this is the first time the recommendations have been
presented.
Mayor Harycki asked if event organizers have been contacted; Mr. Turnblad
stated that has not occurred, but noted that the task force included
representation from a good cross section of downtown.
Councilmember Cook, co -chair of the task force, said the group felt it was
important to first present the recommendations to the Council to obtain its input;
she thanked those who served on the task force for their time and efforts. She
talked about the task force's efforts for fairness and equitability and the
importance of managing events in the best possible way for everybody's interest,
both visitors and residents.
Mr. Turnblad briefly reviewed the recommendation that downtown beautification
efforts should be included in the Public Works Department's annual budget,
rather than funded by a fee.
Councilmember Cook spoke of the concern about funding those efforts on an
ongoing basis and asked the Council to consider options for maintaining the
impetus for the beautification efforts. There was discussion of possible fund-
raising efforts. Councilmember Polehna suggested eliminating "downtown" from
the beautification efforts as being too limited and should be called Community
Beautification Fund and not just for the downtown; other Councilmembers were
in agreement with that idea. In was suggested that event organizers be offered
an opportunity for input.
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It was agreed to have this reviewed by the Parks Commission and to bring it back to the
Council's December 7th, 4:30 work session.
STAFF REPORTS
Fire Chief Glaser thanked the Council for its support in authorizing the purchase
of a new fire engine. He stated he attended the Association of Minnesota
Emergency Management conference and participated in a number of training
sessions, including a session on active shooter and how fire personnel can
assist, a session on special event planning, and a session on state
demographics and how an aging population affects emergency management and
public safety. He stated the Fight the Fire 5K race took place, with 112 runners
participating. He also noted it was Fire Prevention Week with lots of activities
going on, including the annual open house.
Public Works Director Sanders told the Council a notice has been posted on the
web site regarding purchasing the old street signs that are being replaced; he
said the price was set at $10 per sign. He also stated a meeting was scheduled
with the DNR regarding a potential boat launch site at the south end of the City.
He provided the results of a survey regarding encroachments on City open space
along Nightingale Boulevard from Marine Circle to Northland Avenue. He said the
survey indicated there are 4 structures (sheds) located on City property, with
landscaping from 7 properties encroaching City land, three of which included
fence encroachments, as well as dumping of brush piles and firewood. He said
Sentence to Serve people have been scheduled to assist with buckthorn removal
in the City open space and clearing out brush from entrances and that signs
would be installed indicating the location of City property /open space. He said an
Eagle Scout is interested in doing some trail work and may want to do something
with this area as a project. He said, based on the Council's direction, the City
may post "no cut, no mow" signage to establish the open space areas.
On a question by Mayor Harycki, Mr. Sanders said the Parks Commission has
not seen this information; Mayor Harycki suggested the Parks Commission might
be a good place to start for deciding on direction.
Councilmember Polehna noted some of the encroachments are minor and
suggested that staff could handle those. He suggested holding a workshop for
the community on buckthorn removal as a way of getting the public's assistance
in that effort.
Mayor Harycki questioned the $10 charge for the old street signs, noting sale of
the old signs was envisioned as a way of generating some revenue to offset the
cost of the new signs; Mr. Sanders pointed out that some of the old signs are in
poor condition. After discussion, it was consensus to leave the charge at $10.
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Councilmember Polehna suggested having the state demographer give a
presentation at a future work session.
Mayor Harycki recessed the meeting at 6:15 p.m.
RECESSED MEETING
Mayor Harycki called the recessed meeting to order at 7 p.m.
Present: Councilmembers Cook, Polehna, Roush and Mayor Harycki
Absent: Councilmember Gag
Staff present: City Administrator Hansen
City Attorney Magnuson
Community Development Director Turnblad
Finance Director Harrison
Fire Chief Glaser
Public Works Director Sanders
City Clerk Ward
PLEDGE OF ALLEGIANCE
7:00 P.M.
Members of the Fire Department led the Council and audience in the Pledge of
Allegiance.
APPROVAL OF MINUTES
Motion by Councilmember Roush, seconded by Councilmember Polehna to approve the
September 21, 2010, regular meeting minutes. All in favor.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
Bridgid Dowdal- Judge Candidate
Ms. Dowdal, candidate for District 10 Judge, introduced herself, highlighted her
credentials and the reasons for her candidacy. Councilmember Roush asked
about political affiliation in judicial races. Ms. Dowdal said judicial candidates are
asked to sign an oath stating they believe in an impartial, unbiased, non - partisan
judicial campaign and not seek political endorsements.
Proclamation: Fire Prevention Week — October 3 -9
Mayor Harycki read a proclamation declaring October 3 -9 to be Fire Prevention
Week in the City of Stillwater. Assistant Chief Rob Zoller talked about the
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importance of having working smoke alarms and invited the public to attend the
annual open house at the fire department.
OPEN FORUM
No public comments
CONSENT AGENDA (Roll Call)
Resolution 2010 -149, directing payment of bills
Resolution 2010 -150, adopting delinquent cleanup services charges
Resolution 2010 -151, approving agreement with John T. Ballis
Motion by Councilmember Roush, seconded by Councilmember Polehna to approve the
Consent Agenda.
Ayes: Councilmembers Cook, Polehna, Roush and Mayor Harycki
Nays: None
PUBLIC HEARINGS
No public hearings
UNFINISHED BUSINESS
No unfinished business.
NEW BUSINESS
Possible approval of parking limits — Lens
Community Development Director Turnblad said the owner of Len's has
requested three parking signs, two on Myrtle Street and one on Owens Street.
He said the Parking Commission has reviewed the request and recommended a
30- minute parking limit be approved for those three locations.
Motion by Councilmember Roush, seconded by Councilmember Polehna to adopt
Resolution 2010 -152, resolution approving parking signs at the corner of Myrtle and
Owens Streets.
Ayes: Councilmembers Cook, Polehna, Roush and Mayor Harycki
Nays: None
Discussion regarding waste hauler contract
City Administrator Hansen explained that the City's contract for waste hauler
services is up on December 31 and the Council has the choice of doing another
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renewal, which has been the practice for many years, or to re -bid the contract.
He stated if the City decides to re -bid, the law requires a complicated process
that takes at least six months to complete. He stated it is very difficult to change
haulers, and he did not believe it would be in the City's best interest to change
haulers as it receives excellent service, with very few complaints. He said if the
City renegotiates, it can renegotiate many items, including price, items of service,
such as yard waste containers. He said he would recommend renegotiating
another five -year contract extension.
On a question by Mayor Harycki, City Attorney Magnuson reviewed the state
statute related to hauler contracts and that if the City did decide to re -bid, he
would recommend that the process be started at least a year in advance due to
the statutory regulations involved.
Mayor Harycki suggested checking with surrounding communities to see if the
City is getting a good rate, but that it does appear the City has a good contract.
Mr. Hansen said checking rates would be part of the renegotiation process and
asked Councilmembers to let him know of other items, such as yard waste, they
would like to renegotiate.
Councilmember Cook said she would like to see yard waste containers an item to
be renegotiated.
Councilmember Roush noted that residents can obtain stickers at City Hall to
place on a garbage receptacle to use for yard waste.
Motion by Mayor Harycki, seconded by Councilmember Cook to direct staff to
renegotiate research rates and incorporate yard waste containers in a new contract. All
in favor.
It was noted that if research finds the City is paying more than other communities
and the hauler is unwilling to negotiate the price down, Mr. Hansen will bring that
back to the Council.
Possible accepting quotations to demolish nuisance garage
Mr. Turnblad explained that in 2008, a variance was granted to reconstruct a
home. A condition of approval was removal of a dilapidated garage on the site,
along with some retaining wall work after the garage was removed. He said that
work was never done, and after a number of attempts to talk with the property
owner and contractor, an abatement order was issued on August 10. He noted
the property had gone into foreclosure and the bank asked for an extension and
that extension time has been passed as well. He said the building official has
visited the site and believes the garage represents a danger and needs to be
demolished. He said bids were solicited for removal of the garage and repair to
the retaining wall, with a low bid of $7,800 from Bell Trucking. He said the
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property owner /bank will be billed for the work and assessed to the property tax if
not paid.
Motion by Councilmember Roush, seconded by Councilmember Polehna to adopt
Resolution 2010 -153, accepting quotations to demolish nuisance garage.
Ayes: Councilmembers Cook, Polehna, Roush and Mayor Harycki
Nays: None
Councilmember Cook asked who would be responsible for paying the charge of
demolition and how the City would get its money back. City Attorney Magnuson
said the property owner at the time of the work would be responsible for the
charge.
COMMUNICATIONS /REQUESTS
Mayor Harycki noted the City has received the Blue Star Award for Excellence in
Community Stormwater Management. Mr. Sanders stated the award was applied
for; and that there may be a brief presentation at the next Council meeting. Mr.
Sanders noted Stillwater is the second community in Washington County to
receive the award, eighth in the State of Minnesota.
Mayor Harycki reminded the community of the upcoming Harvest Fest on
October 9.
COUNCIL REQUEST ITEMS
Councilmember Cook said there has been some non - compliant signage in the
downtown area for a period of time. She said she had discussed the issue with
staff, who indicated that past practice has been that enforcement has been
complaint- driven, rather than proactive enforcement. Councilmember Cook said
she would hope that before spring, staff would review signage for compliance
with the ordinance and take a more proactive approach.
Mayor Harycki noted this issue came up earlier in the year and the IBA indicated
it would like to take a role in obtaining compliance with signage regulations.
Councilmember Cook said she thought enforcement was the City's responsibility.
Councilmember Polehna suggested that the Council needs to be consistent with
enforcement and support staff regarding this issue. Mr. Turnblad said if the
Council wants staff to notify all owners with non - compliant signs, staff will do that;
he also stated that this is not a matter of judgment — it either meets the rule of the
law or it doesn't. Mr. Turnblad pointed out that staff tried that approach, and the
Council said to stop.
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City Council Meeting
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City Attorney Magnuson spoke of the numerous instances of "signage creep" and
stated that it is difficult to single out and issue a citation to one sign out of 25 that
might be in violation. Mr. Magnuson said an option to consider over the winter
would be to make the signage violations subject to administrative fines, rather
than a criminal violation. It was agreed to make that a work plan item for
discussion.
On a question by Councilmember Roush, Councilmember Cook indicated she
would envision enforcement beginning with a courtesy call first. Mr. Turnblad
reviewed the previous process that was done in the spring which consisted of
sending an educational letter to all those businesses with non - complaint signage
asking that the sign be removed, with a follow -up letter if the sign in question
wasn't removed and then a visit from staff to issue citations. After the first citation
was issued, Council told staff was told to discontinue that approach.
It was agreed to have additional discussion about this issue and the possibility of
administrative fines at a February work session.
Councilmember Polehna stated he had attended the Governor's Yellow Ribbon
summit and that one of the communities represented had yellow ribbon stickers
on all police and public works vehicles; he suggested that Stillwater do the same.
Councilmember Roush suggested that Police Chief Gannaway be consulted first.
Mr. Hansen said he would talk with Chief Gannaway.
ADJOURNMENT
Motion by Councilmember Polehna, seconded by Coun Cook to adjourn at
7:55 p.m. All in favor. /
Ken I6fycki, Mayor
ATTEST:
171 141111
Diane F. Ward, City Clerk
Resolution 2010 -149, directing payment of bills
Resolution 2010 -150, adopting delinquent cleanup services charges
Resolution 2010 -151, approving agreement with John T. Ballis
Resolution 2010 -152, resolution approving parking signs at the corner of Myrtle
and Owens Street.
Resolution 2010 -153, accepting quotations to demolish nuisance garage
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