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HomeMy WebLinkAbout2011-02-01 CC MIN • a e TIE IIITM ►LE CE Of OIOOEEOTE CITY COUNCIL MINUTES February 1, 2011 REGULAR MEETING 4:30 P.M. Councilmember Polehna called the meeting to order at 4:30 p.m. Present: Councilmembers Cook, Menikheim and Polehna Absent: Councilmember 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 (5:45 p.m.) Public Works Director Sanders City Clerk Ward OTHER BUSINESS Pedestrian Plaza and Lowell Park Update City Planner Mike Pogge provided an update on the pedestrian plaza and Lowell Park projects. He stated that the design team has completed some of the preliminary plans and base mapping for the plaza project. He stated that it is anticipated that the preliminary concept plan for both Lowell Park and the pedestrian plaza will be completed in the next 60 days, with plans brought to the Parks Commission and City Council in late February /early March, and public open house in mid- March. He stated that additional open houses will be scheduled as the project proceeds. He stated that staff is continuing to negotiate with the owners of the Water Street Inn regarding purchase of a strip of land along the north edge of the parking lot that is needed for the desired alignment of the project. He stated that staff is concerned that if the purchase cannot be resolved, the City will have to go with an alternative alignment or acquire the property involuntarily; he stated that the issue will be brought to the Council at its February 15th meeting. On a question by Councilmember Menikheim, City Attorney Magnuson explained the quick take process, which is part of the statute that allows for the condemnation of private property for public use. Councilmember Polehna asked about the flood control project, noting that project is to tie into the Lowell Park and pedestrian plaza work; he also expressed concern about the timetable in relation to the availability of TIF funding. Mr. Pogge responded that Public Works Director Sanders has been working closely with the Corps of Engineers and the flood protection plans have been forwarded to the pedestrian plaza design consultants so plans are coordinated. City Council Meeting February 1, 2011 There was discussion about the TIF funds available for downtown projects and plans for expending those funds before the district expires. City Administrator Hansen indicated that staff will be trying to maximize the amount of the TIF money the City can use. Councilmember Cook asked whether TIF funds could be used to pay down the debt on the parking ramp; Mr. Hansen replied that it has been discussed and may be a possibility. City Attorney Magnuson spoke to some changes to the TIF laws that were made in 2010 in conjunction with the federal stimulus efforts. After discussion, it was agreed to hold a workshop meeting regarding the TIF funds at the first Council meeting in March if the workshop with the watershed districts can be rescheduled. Comprehensive Plan Rezoning Project Update Community Development Director Turnblad reported that, by law, within nine months of the adoption of its Comprehensive Plan, (June 1, 2010), the City is obligated to look at its official controls, such as land use and zoning maps and ordinances, to make sure they are consistent with the Comprehensive Plan. He noted that as a first step, staff is proposing to look at the zoning map to make sure properties are zoned consistent with the Comp Plan. He indicated that a web site has been designed to answer questions that residents might have; and he reviewed how the site can be accessed with questions directly linked to his email. He stated that the Comprehensive Plan includes a land use map which shows every property in the City and how that property is guided for future land use. Also, the Comp Plan includes a table that identifies which zoning districts are consistent with the land uses. He pointed out that 400 properties are currently zoned inconsistent with the land use map; of those, he stated that 300 are open space /park areas. He stated that the proposal is to create a new zoning district, Park, Recreation and Open Space (PROS), for those properties. Of the 100 properties not related to open space /park, he noted that the intent is to rezone those consistent with the current actual land use. He stated that notices will be mailed to all property owners affected by the proposed changes, with a series of neighborhood meetings scheduled in March. Councilmember Cook asked about possible implications of the rezoning, such as impact on property taxes and property values. Mr. Turnblad answered that taxes are based not so much on zoning as on actual use and stated that he did not think the proposed rezoning would have much impact on taxes. Facade Program for Downtown Buildings City Planner Pogge reviewed a proposed grant /loan program for facade renovations within the historic downtown district utilizing TIF funds. He noted that, as proposed, all commercial structures 50 years or older in the downtown design review area would be eligible. The program would provide grants of up to $10,000 for professional design services (where applicable) and up to $75,000 for any one facade renovation project, 20% grant and 80% loan. He indicated that for properties in TIF District #1, the owners have until December 31, 2011, to enter into a construction contract to be eligible. For other properties, June 30, 2011 is the deadline to enter a contract and begin work. He noted there is a possibility that the June 30 deadline may be extended. Page 2 of 10 City Council Meeting February 1, 2011 Councilmember Menikheim asked if there is any estimate of the amount of money that might be involved; Mr. Pogge answered that staff have suggested an initial cap of $500,000, noting that a great deal of interest has been expressed. On another question by Councilmember Menikheim, Mr. Pogge responded that all facade renovations in the downtown historic district are subject to design review by the Heritage Preservation Commission. It was consensus to have staff proceed with putting together additional details and bring that additional information back to the next Council meeting. Discussion of Lift Bridge Councilmember Menikheim indicated that the City got people's attention in talking about the possibility of shutting down the lift bridge because it is not safe. However, he stated that getting it accomplished is rather problematic. He noted that according to current engineering standards, the bridge is not unsafe, although it has the lowest safety rating among metro area bridges. He reported that the bridge is functionally obsolete and suggested that the City pursue issues such as increased emergency response time, unreliability due to flooding and mechanical factors as a means of getting the bridge closed. He also suggested a possible legal approach that Stillwater is not a part of the Wild and Scenic Riverway. City Attorney Magnuson pointed out that the Lower St. Croix River Act was intended to include Stillwater. He added that a possible argument of comparing current traffic levels across the bridge to the 1973 limits when the Riverway Act was initially passed, and stated that he would research that possible approach. It was decided to schedule a special meeting to discuss strategy when the full Council is present. STAFF REPORTS Fire Chief Glaser reported that the state has executed the contract for the shared services study. The study will begin when a third -party consultant has been selected. He noted that the department is in the process of special event planning, including the bike race and marathon. He indicated that he had attended a regional flood preparation meeting. Community Development Director Turnblad invited interested Councilmembers to attend a primer on the Comprehensive Plan; and that the session could be scheduled at Councilmembers' convenience. He indicated that a web site has been developed for the armory /fire station project; he presented the website information and how to access the web site, which includes all the available public information. He noted that the site will be updated as new information is obtained. Councilmember Menikheim stated that he had met with the National Guard general and would forward that information to Mr. Turnblad. City Administrator Hansen also noted that the website now includes a link to the City's new Facebook page. Public Works Director Sanders indicated that he had met with the Minnesota Department of Natural Resources (DNR) regarding the boat launch and Zephyr trail projects. He pointed out that the DNR's schedule for the boat launch is for design in 2011 and construction is 2012. Regarding the Zephyr trail, he noted that the DNR is looking for ways to fund acquisition and development, including a possible bonding bill. He stated that he inquired whether Legacy funds could be utilized, and was told that the Legacy money cannot be used Page 3 of 10 City Council Meeting February 1, 2011 for acquisition or initial improvements, but you can use it for rehabilitation projects. Mr. Sanders reported that the National Weather Service is predicting a 60% chance of the St. Croix reaching an elevation of 689 feet, at which point the water would flood the parking lots in the downtown area. He added that sandbags have been ordered and it has been determined that pumps will be available, however, MnDOT has indicated it will not be able to loan the City any Jersey barriers. Ms. Sanders stated that he has looked into other options, including possible purchase of some used barriers. He noted that the next flood prediction will be issued February 17th. On a question by Councilmember Cook, Mr. Sanders responded that the City has been receiving calls from people willing to volunteer for sandbagging, but it is too early to begin filling the bags. Councilmember Polehna suggested it might be wise to get Sentence to Serve crews organized. City Administrator Hansen noted that budget books had been distributed and asked Councilmembers to read the narrative. He indicated that he has been following legislation, including House File 130, which was passed by the House and initiates the same cuts in Local Government Aid that the City experienced last year. He also referred to HF 192, which deals with state pay freezes, which includes all municipalities, 15% across the board job cuts for the state of Minnesota, and early retirement incentives. Police Chief Gannaway reported that department heads would be meeting to discuss flood preparation measures. ADJOURN Mayor Harycki recessed at 6 p.m. RECESSED MEETING 7:00 PM Mayor Harycki called the recessed meeting to order at 7 p.m. Present: Councilmembers Cook, Menikheim, 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 City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. Page 4 of 10 City Council Meeting February 1, 2011 APPROVAL OF MINUTES Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to approve the January 18, 2011, regular meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Certificate of Appreciation — Cynthia Jacobson — Retirement, 24+ Years of Service Motion by Councilmember Roush, seconded by Councilmember Cook, to approve the Resolution 2011 17, Certificate of Appreciation — Cynthia Jacobson, for her faithful services to the City for over 24 years. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Mayor Harycki read the Certificate of Appreciation. Chief Gannaway presented a plaque to Ms. Jacobson and spoke of the essential services she provided as Community Service Officer. Ms. Jacobson expressed her appreciation. Nature Valley Grand Prix Stillwater Critierium — Lee Stylos Lee Stylos, race director for the Stillwater portion of the Nature Valley Grand Prix bike race, was present. He reviewed that the race is scheduled for June 19 and noted that this is an all- volunteer organization that puts on the nationally - recognized bike race, and that all proceeds go to a specific fund at Children's Hospitals. City Clerk Ward reported that staff is trying to follow the new policy for special events and that the proposal would be going to the Downtown Parking Commission regarding use of the parking lot. There was a question as to whether the request involved closure of Teddy Bear Park; and Mr. Stylos noted that they used the park building and paid a reservation fee last year, but did not request closure of the park. Councilmember Roush expressed that he supports the race, but questioned the cost to the City, specifically the cost of repairing the roads in preparation for the race, which he suggested far exceeds the $1,000 organizers are paying to the City in reimbursement for City costs. Councilmember Polehna responded that he did not think it was the race organizers' responsibility to keep the City's streets in good shape; it's the City's responsibility to have top quality roads for its citizens and events. Public Works Director Sanders indicated that staff does above and beyond what it does on other streets, including crack sealing, pothole patching and sealing. He reported that on average, crews spend about 8 -10 hours on pothole patching and 8 -10 hours of sweeping the bike race route. Mr. Turnblad noted the special events task force spent a good deal of time discussing City costs and as a group, and by policy, decided that as long as there is no actual cost in terms of overtime or rented equipment, there should be no charge for standard City time. Page 5 of 10 City Council Meeting February 1, 2011 Mr. Sanders agreed that pothole patching is done during normal work schedule hours, but sweeping is done on the Saturday or Sunday of the race. Mayor Harycki asked if a traffic plan had been submitted, and Chief Gannaway answered that last year, his department shifted some reserves to Third and Myrtle area to assist with traffic control and didn't receive as many traffic complaints. Councilmember Menikheim pointed out that he had been working with Mr. Stylos who is putting together a committee to make sure the event goes as smoothly as possible. Mr. Stylos explained that they had put together a steering committee, including representatives from downtown businesses, residents on the course, and representative from the CVB; he stated that downtown businesses have indicated they would appreciate help in parking and traffic, such as directing people on the course toward the parking ramp, as well as traffic control on Main Street. Mr. Stylos added that those things are in place this year so as to make the event better for everyone. There was discussion as to placement of detour signs on Olive Street, and Mr. Stylos replied that he would be willing to work to address any traffic issues if they are made known to him in advance. In discussion, Mr. Turnblad noted this is a grandfathered event, so the contract was not completely rewritten; it's a negotiated agreement between the Council and event organizers. Councilmember Cook indicated that she thought the costs over and above normal City costs applied to all events, including grandfathered events. Mr. Turnblad responded that Mr. Sanders has indicated that $100 would be sufficient to cover overtime costs for the sweeping, leaving $900 for other City costs. During discussion, it was noted that event organizers provide all street barricades, street signage, and all the road postings. Mr. Turnblad suggested that if the contract is approved, there be a condition regarding Parking Commission review regarding the issue of a possible charge for reservation/use of the parking lot. Councilmember Roush expressed that if the City Administrator and department heads are OK with the reimbursement amount, he would not have a problem with approval of the agreement. Motion by Councilmember Polehna, second by Councilmember Menikheim, to approve the special event application subject to review and recommendation of the Downtown Parking Commission. All in favor. Mayor Harycki acknowledged the attendance of Boy Scouts from Troop 242 of Our Savior's Lutheran Church. OPEN FORUM There were no public comments. CONSENT AGENDA 1. Resolution 2011 - 16, directing the payment of bills 2. Resolution 2011 - 18, acceptance of work and final payment, 2009 Street Improvement Project (Project 2009 -02) Page 6 of 10 City Council Meeting February 1, 2011 3. Resolution 2011 -19, approval of forestry consultant contract with Dr. Kathy Widin 4. Resolution 2011 -20, approval of State of Minnesota Grant for DWI Enforcement Motion by Councilmember Roush, seconded by Councilmember Polehna, to approve the Consent Agenda as submitted. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None PUBLIC HEARINGS There were no public hearings. UNFINISHED BUSINESS Tom McGlynn Shuttle and Tour Trolley Request Mr. McGlynn was not present due to travel difficulties. Community Development Director Turnblad reviewed that when the Council first considered this request, one of the primary questions was how many parking spaces would be needed to be reserved for the 27' vehicle, which would be permanently parked on Water Street. At that time, the Council sent the request back to the Parking Commission for reconsideration. In subsequent discussion, businesses owners near the intersection of Water and Chestnut, the location of the initial request for a permanent parking space, encouraged Mr. McGlynn to move to a different location. Mr. Turnblad explained that the current proposal is to park the trolley one block north of the first proposal, directly behind the Gulf gas station at Water and Myrtle streets. Mr. Turnblad pointed out that this new location is more open, will not conflict with any other business operations, that the owner of the gas station is amenable to the new location, and that the Parking Commission reviewed that spot and recommended approval. He noted that the other trolley operation is charged for one space for each of the vehicles it has permanently located downtown during the tour season. Mr. Turnblad added that at the originally proposed location, only one parking space would have been needed for this trolley, as it is located adjacent to a no- parking /loading space; however, at this new location, two spaces will be needed. Mr. Turnblad indicated that the Parking Commission recognized the concession being made by the applicant in moving to the new location, and recommended that he only be charged for one parking space, which is consistent with what is being charged to the other trolley operator as well. Mr. Turnblad restated that the Parking Commission is recommending approval and charging $645 for reserving the parking spot behind the gas station. Councilmember Cook asked if the same conditions written into this agreement apply to the other trolley operator as well, specifically restrictions during Lumberjack Days. Police Chief Gannaway responded that this location is completely blocked off during Lumberjack Days, while the location of the other trolley operator is not, and that Mr. McGlynn will be able to use an alternate staging spot during such events. Motion by Councilmember Cook, seconded by Councilmember Roush to adopt Resolution 2011 -21, resolution regarding Trolley Tour LLC agreement. Page 7 of 10 City Council Meeting February 1, 2011 Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Possible Approval of 2nd Reading of Ordinance 1026, An Ordinance Amending Chapter 41 of the Stillwater City Code, Section 41 -4, Titled Peddlers and Solicitors City Attorney Magnuson reviewed the primary purpose for the proposed amendment is to require that transient merchants be licensed, rather than just register with the City. Based on the discussion at the Council's 1st reading, he noted that several changes were made: "transient merchant" was further defined to include persons who operate out of a hotel or motel room and are not at that location for more than 10 days; a requirement was added that a license is required for solicitors, peddlers, and transient vendors, so they cannot enter a private home or private property without a license; and an exemption was added for any candidate campaigning for political office or others campaigning on their behalf. Mayor Harycki indicated that Scout organizations, school groups, and certain other non- profit organizations are exempt. Councilmember Roush acknowledged the efforts of City staff for initiating this change. Motion by Councilmember Roush, seconded by Councilmember Menikheim to adopt Ordinance 1026, an ordinance amending Chapter 41 of the Stillwater City Code, Section 41 -4, Titled Peddlers and Solicitors. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None NEW BUSINESS Possible Approval of 2011 Dock Permit with St. Croix Boat &Packet Community Development Director Turnblad reviewed the proposed permit, pointing out that the permit agreement is identical to the previous agreement, with the only change being a 3% increase in the dock fee. During discussion, it was noted that during the open water season, only four excursion boats are permitted to be at the Stillwater dock, with the fifth excursion boat docked elsewhere. However, during winter, the fifth boat is allowed to be at the Stillwater site because of the use of bubblers to keep the water moving so that ice does not crush the wooden hulls of the boats. On a question by Councilmember Cook, Mr. Turnblad replied that the permit specifies the number of boats only and does not name individual boats; he explained that the Jubilee II is for sale and not used unless one of the other boats is out of service. Councilmember Roush noted that this permit applies to the Stillwater dock only and not to the alternate mooring location(s). Motion by Councilmember Roush, seconded by Councilmember Polehna to adopt Resolution 2011 - 22, approving dock permit for St. Croix Boat and Packet 2011. Page 8 of 10 City Council Meeting February 1, 2011 Ayes: Councilmembers Menikheim, Polehna, Roush and Mayor Harycki Nays: Councilmember Cook COUNCIL REQUEST ITEMS Councilmember Menikheim reported that he had met with General Kelley regarding the armory, indicating that what came across strongly during the meeting was the commitment the Army has to bringing the armory to Stillwater. He reviewed some of the history leading up to the current proposal, and that he thought there has been some "under- communicating" and miscommunication. He noted that what is proposed is essentially a large schoolhouse, not a base with live ammunition, helicopters, tanks, etc. He spoke of the jobs, permanent duty assignments and those people who likely will move to the Stillwater area; and that the remainder of the company, 385, will be in Stillwater one weekend a month for training. When not in use, the majority of the month, the site will be available as a community center. Councilmember Menikheim pointed out that the planning process will begin this spring and there will be opportunities for public input. He explained that he thought both the Army and City should recognize that there has been under communication moving forward. He noted the Army is offering a bus tour for the Council and concerned residents to look at other armory sites. Councilmember Roush pointed out that all the information provided by Councilmember Menikheim has been discussed consistently to this point and wondered where there has been miscommunication or a lack of communication. Councilmember Menikheim responded that the concerned residents who were at the last Council meeting apparently haven't heard the information before, and suggested when there is a major change, there cannot be too much communication. Mayor Harycki suggested that some of the frustration comes from the fact that people are asking for specifics which just aren't known at this point in the process. Councilmember Polehna suggested that communication efforts need to be expanded to the greater community; and he agreed that a bus tour would be a good idea. Councilmember Roush asked if community use would be free; Mayor Harycki replied that his understanding is that events such as City meetings would be free, but there would be a set fee for private use such as use of the kitchen for weddings. Mr. Turnblad indicated that there will be an agreement between the City and National Guard regarding use, fees and disposition of fees. Councilmember Roush asked about the eventual disposition of the land when the armory use is discontinued; and Mayor Harycki noted with the armory site in downtown, the property will go to state auction, with the City given the right of first refusal. Councilmember Polehna suggested posting the boundaries of the site. Councilmember Roush suggested allowing the armory site property to be used as a dog park until any construction would begin. He asked that the Parks Commission consider that, noting that any expense would be that of the dog park proponents and this would be a temporary use only. Councilmember Polehna stated that he would be opposed to such use without proper planning, but wouldn't be opposed to having the Parks Commission look at the proposal. Page 9 of 10 City Council Meeting February 1, 2011 Councilmember Polehna noted there was a discussion regarding the lift bridge at the 4:30 p.m. session, and that a special Council meeting is requested to discuss strategy. On a question by Councilmember Cook, Mayor Harycki responded that the Bridge Coalition is looking to address some of Oak Park Heights' concerns in an effort to get everyone on the same page. He noted that the Bridge Coalition is nearing the end of the formation stage, with six members from each side of the river, and is just getting to conversations regarding possible actions, such as contacting Legislators. He indicated that the Coalition is primarily looking at lobbying and hiring the services of a lobbyist for representation both in Washington at the state capitols. There was discussion about the possibility of the City hiring a lobbyist. It was agreed to discuss this issue further at the conclusion of the next Council meeting. STAFF REPORTS (CONTINUED) Mr. Turnblad pointed out stated that staff will be offering a Comprehensive Plan primer to interested Councilmembers, that the session will take about 1.5 hours, and asked Councilmembers to email him regarding interest and time availability. ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember Rou , t d urn at 8:25 p.m. All in favor. 7/0 Ken, fcki, Mayor ATT ST: 2612/56( Diane F. Ward, City Clerk Resolution 2011 - 16, Directing the Payment of Bills Resolution 2011 - 17, Certificate of Appreciation — Cynthia Jacobson — Retirement, 24+ Years of Service Resolution 2011 - 18, acceptance of Work and final Payment, 2009 Street Improvement Project (Project 2009 -02) Resolution 2011 - 19, approval of Forestry Consultant Contract with Dr. Kathy Widin Resolution 2011 - 20, approval of State of Minnesota Grant for DWI Enforcement Resolution 2011 - 21, resolution regarding Trolley Tour LLC agreement Resolution 2011 - 22, approving dock permit for St. Croix Boat and Packet 2011 Ordinance 1026, an ordinance amending Chapter 41 of the Stillwater City Code, Section 41 -4, Titled Peddlers and Solicitors Page 10 of 10