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CITY COUNCIL MINUTES
March 15, 2011
REGULAR MEETING
Mayor Harycki called the meeting to order at 7 p.m.
Present: Councilmembers Cook, Menikheim, Polehna, and Mayor Harycki
Absent: Councilmember Roush
Staff present: City Attorney Magnuson
Community Development Director Tumblad
Finance Director Harrison
Fire Chief Glaser
Police Chief Gannaway
Public Works Director Sanders
Assistant City Engineer Kraftson
City Clerk Ward
PLEDGE OF ALLEGIANCE
7:00 PM
Mayor Harycki noted that Councilmember Roush was absent due to the death of his young niece
and extended condolences to the family on behalf of the City.
Mayor Harycki led the Council and audience in the Pledge of Allegiance
APPROVAL OF MINUTES
Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to approve the
revised March 1, 2011, regular and recessed minutes. All in favor.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
Swearing in of Officer Daniel Young
Chief Gannaway administered the oath of office to Daniel Young. Officer Young's mother
pinned on his badge.
OPEN FORUM
There were no public comments.
STAFF REPORTS
Fire Chief Glaser reported that he had attended the Governor's Annual Emergency Management
Conference which provided updates on the flood situation throughout the state and also covered
a number of other emergency management concepts. He also pointed out the department had
responded to a garage fire the day of the Council meeting. He noted that Councilmember Roush
had asked him to bring HF 650, Tyler's Law, to the Council and residents' attention; and that
City Council Meeting
March 15, 2011
the legislation would require that the new Minnesota driver's manual include information
regarding vehicles and carbon monoxide poisoning.
Police Chief Gannaway reported flood preparation efforts are proceeding well, with another
community /downtown meeting scheduled for March 28th. Mayor Harycki commended the
good organization of the volunteer efforts, and asked for anyone with information regarding the
availability of pallets for storage of sandbags, should contact Public Works Director Sanders.
Public Works Director Sanders reported about 20,000 sandbags had been filled in two days with
the help of staff and volunteers. He indicated there is still a need for volunteers over the next
two weeks, that the City has been coordinating volunteer organization with Community Thread;
and information regarding registration for volunteers can be found on the City's website.
CONSENT AGENDA
1. Resolution 2011 -42, directing payment of bills
Councilmember Cook inquired about a bill for Gartner concessions at the Recreation Center.
Finance Director Harrison responded that the bill is for the purchase of supplies from Gartner
for the City- operated concessions.
City Attorney Magnuson explained that the agreement with Gartner's provides for a steep
discount over what the City used to pay the previous supplier.
Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to approve the
Consent Agenda. All in favor.
PUBLIC HEARINGS
This is the date and time for the public hearing to consider the transfer of the On Sale and
Sunday Liquor License from Stillwater Kitchens LLC, DBA: Kitchen in Stillwater to
Shanghai Stillwater, LLC, DBA: Shanghai Bistro located at 324 Main Street S., Applicant:
David Tank and Henry Chan. Notice was published in the Stillwater Gazette on March 3,
2011
City Clerk Ward reported that approval of the license should be contingent upon approval of
police, fire, finance, building inspections departments and Minnesota Liquor Control.
Mayor Harycki opened the public hearing. No comments were received, and the hearing was
closed.
Motion by Councilmember Polehna, seconded by Councilmember Cook, to adopt Resolution 2011-
43, approving transfer of ownership of the On -Sale and Sunday Liquor Licenses from Stillwater
Kitchens, LLC; DBA Kitchen in Stillwater, to Shanghai Stillwater, LLC, DBA Shanghai Bistro.
Ayes: Councilmembers Cook, Menikheim, Polehna and Mayor Harycki
Nays: None
This is the date and time for the public hearing on the 2011 Street Improvement Project.
Notices were mailed to affected property owners and published in the Stillwater Gazette on
February 25th and March 4th, 2011
Assistant City Engineer Kraftson reviewed the proposed 2011 street improvement project,
including the streets proposed for reconstruction and those proposed for mill and overlay, utility
work in conjunction with the project. He explained the proposal for a width reduction on
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City Council Meeting
March 15, 2011
Wilkins Street to assist with the reduction in runoff. He pointed out there had been a lot of
discussion about the proposal regarding the street width and proposed parking restrictions at the
neighborhood meetings. He also listed options regarding sidewalks /trails and the option selected
by the Council at the feasibility presentation. He added that preliminary assessment rolls are
available, and he reported on the preliminary assessment rates per unit. He indicated that the
preliminary assessments total $832,000, with the City's share $1,043,000, about 55% of the
overall project cost. He also offered a possible project schedule.
Mayor Harycki opened the public hearing.
Steven Roettger, 1888 Oak St. W. stated he thought curb and gutter would be blacktop, but
heard from a neighbor that curb and gutter would be concrete; he asked for clarification of those
plans.
Mr. Kraftson answered that the proposal is to use concrete curb and gutter as bituminous doesn't
hold up over time; he pointed out that residents will have access to their driveways throughout
the project except for three days after the curb is poured, when parking will be available on the
street. The resident later inquired about turn- around on Oaks, and expressed concern about
safety due to trucks using the street to turn. Mr. Kraftson replied that plans do call for a small
hammer -head type turn- around.
Mike Sobieski, 1022 Third St. N., stated he felt concerns expressed during the neighborhood
meetings were not taken into consideration regarding the plans for street width and parking
restrictions on Wilkins Street. He expressed his concern about reducing the width of the street
due to the amount of traffic. and problems with snow removal /storage. He spoke in favor of a
38' width street.
Doug Jahnke, 1024 Second St. N. and 105 Wilkins St. E., spoke against narrowing the street to
32'; he expressed concern about parking if the street is narrowed and parking restricted.
Marie Jahnke, 1024 Second St. N., stated she was not in favor of narrowing Wilkins Street with
parking limited to the only the south side of the street. She thought that the proposal will not
provide enough width or on- street parking to meet the traffic and parking needs. She noted the
street has a steep grade, is a main route for school buses and is often used by emergency
vehicles and narrowing the street could result in future accidents. She also added that in the
future there might be additional residents due to the conversion of homes into B &Bs or
duplexes, with the need for additional parking that would be lost in narrowing the street. She
suggested that the proposal benefits only two property owners on the north side of the street.
She explained the proposal affects six properties, four of whom are opposed and only two in
favor. She indicated that she would be agreeable to a compromise of a 38' street with
boulevards of equal size.
No other comments were heard, and the hearing was closed.
Councilmember Cook opposed narrowing a street based on individual owner's wishes and
stated she thought the information provided by the people who spoke seems to support the
compromise of narrowing the street to 38' as the best possible option due to the steep grade of
the street and the amount of traffic on the street.
Mayor Harycki agreed that the 38' width and centering the street would be the best option,
talking of the steepness of the street; he asked whether an issue with the settling of a cul -de -sac
in the project area would be addressed. Mr. Kraftson stated the issue of the cul -de -sac would be
looked at after the snow melts.
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City Council Meeting
March 15, 2011
Councilmember Menikheim inquired about the process involved in making the
recommendations regarding the street width, and Mr. Kraftson explained that his reasoning for
narrowing the width of streets when possible due to costs, but primarily for environmental
benefits of less runoff, and he stated in looking at this section of street, he felt there would be
adequate parking with the narrower street.
Councilmember Cook spoke of the difficulty snow presents for narrow streets. On a question by
Councilmember Cook, Mr. Kraftson indicated he thought either the 32' or 38' width was
workable, suggesting this is a value decision for the Council.
Motion by Councilmember Cook, second by Councilmember Polehna, to adopt Resolution 2011-
44, ordering improvement and preparation of plans & specifications for the 2011 street
improvement project (Project 2011 -02).
Ayes: Councilmembers Cook, Menikheim, Polehna and Mayor Harycki
Nays: None
UNFINISHED BUSINESS
Possible approval of second reading of Ordinance 1027, An Ordinance Amending The
Stillwater City Code, Section 31 -1, Subdivision 5 Entitled Establishment Of Districts
(Kaufman — Nelson at 1754 and 1650 Washington Avenue )
Community Development Director Turnblad reported that this is the second reading of the
ordinance, with no changes made since the first reading.
Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt Ordinance
1027, an ordinance amending the Stillwater City Code, Section 31 -1, Subdivision 5, Entitled
Establishment of Districts (Kaufman — Nelson at 1754 and 1650 Washington Avenue ).
Ayes: Councilmembers Cook, Menikheim, Polehna and Mayor Harycki
Nays: None
Discussion of Downtown Pedestrian Walkway concept plans
Community Development Director Turnblad reviewed concept plans /options for pedestrian
walkways and North Lowell Park, noting there are two basic types — a rectilinear pattern or a
curvilinear pattern.
On a question by Councilmember Polehna, there was discussion of traffic flow and the Corps'
plans for the reconstruction of parking lots. There was discussion of the option of a small
performance area; Mr. Turnblad stated the intent was that this be a low -tech performance area.
Councilmember Cook asked if the consultants provided feedback about what options might
work best in certain situations; Mr. Turnblad replied that the consultants do have expertise in a
variety of settings.
Mayor Harycki indicated if seating areas are planned, consideration should be given so as not to
encourage folks to camp out for periods of time.
Councilmember Cook inquired about plans for the addition of trees; and Mr. Turnblad answered
that spaces have been created where there could be plantings in the future.
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City Council Meeting
March 15, 2011
Councilmember Cook pointed out that the amphitheater is situated so performers will be facing
into the sun; it was noted the amphitheater is being built as part of the levee project so there was
not a lot of choice regarding positioning.
Mr. Turnblad indicated the intent is to present the concept plans to the community during an
open house prior to the March 28th Parks Commission meeting.
Councilmember Cook stated it would be good to provide notice to residents in addition to
property owners within 300' of the project area and the CVB; it was suggested that the various
homeowners associations be contacted and asked to share information with members via e-mail,
as well as posting on Facebook. Councilmember Cook suggested posting flyers at various
locations around town and stated she wants to be sure the word gets out to as many people as
possible. Mr. Turnblad explained that comments received at the public meeting will be
assembled and brought back to the Council.
On a question by Councilmember Menikheim regarding possible scheduling of the project,
Public Works Director Sanders talked about scheduling of four projects, relining the Downtown
sewer, that will take place after the flood fighting efforts have concluded and before the Corps
of Engineers work begins.
The Corps work is anticipated to start after Lumberjack Days and hopefully done by
Thanksgiving.
Regarding the pedestrian plaza, it would be best if that work could be done at the same time as
the Corps work, but it is not clear at this time if that will be possible.
The fourth project, he stated, would be north of Mulberry Street, between Desch Building and
P.D. Pappy's, where another parking lot is planned and will allow for a trail construction to the
Zephyr; he stated that would take place in the summer of 2012.
NEW BUSINESS
Possible approval of Certificate of Termination and Release — Canoga Corp. - Stillwater
Industrial Park
City Attorney Magnuson explained that this is a housekeeping measure to provide a clean title
to enable the sale of the former UBC property in the Industrial Park. He indicated this is related
to a 20- year -old Development Agreement between the City and Lanoga Corp.; he stated all
terms of that agreement have been fulfilled and it is appropriate that the City release Lanoga
from any further obligations to the City.
Motion by Mayor Harycki, seconded by Councilmember Polehna, to adopt Resolution 2011 -45,
approving certificate of termination and release with Lanoga Corporation the certificate of
termination and release.
Ayes: Councilmembers Cook, Menikheim, Polehna and Mayor Harycki
Nays: None
Possible adoption of resolution supporting construction of the St. Croix River Crossing
Bridge
Mayor Harycki noted that a number of communities have passed resolutions in support of the
new river crossing and that this resolution is similar to the one recently passed by Washington
County Board.
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City Council Meeting
March 15, 2011
Councilmember Cook expressed concern about exempting the bridge from the Wild and Scenic
Rivers Act and suggested there might be other options to explore to alleviate the traffic issues
downtown. She explained that she could not support the resolution as long as it requests an
exemption from the Wild and Scenic Rivers Act; she stated such an exemption would
compromise the river, which is the hallmark of the Valley and why people come here.
Councilmember Menikheim suggested that not being able to come to a decision to construct a
new bridge after 50 years of discussion might indicate there is not a need to construct a new
bridge; he stated he is still firmly in support of shutting down the lift bridge due to safety
problems, but indicated that is a different issue.
Councilmember Cook spoke of the historical importance of the lift bridge to the City and stated
limiting the amount of traffic on the bridge or closing it to traffic is important for preserving the
lift bridge. Councilmember Cook spoke of the cost of a new crossing and agreed with an earlier
comment by Councilmember Menikheim that it might not be unrealistic to have people drive an
additional 8 -9 miles from Houlton to the bridge in Hudson.
Mayor Harycki pointed out that I -94 is almost at capacity and diverting traffic from Stillwater to
that corridor would result in gridlock from Hudson to St. Paul.
Councilmember Polehna spoke of the importance of a bridge to Stillwater's economy and future
economic development.
Councilmember Cook suggested that it seems this is building a bridge to Wisconsin that doesn't
really benefit Minnesotans and that when the lift bridge is closed to traffic due to flooding or
repairs, the community seems to function fine.
Councilmember Polehna pointed out that when the bridge was closed several years ago, there
was a real concern among local businesses along the Highway 36 corridor as well as Cub and
Target and other businesses in the west business park.
Community Development Director Turnblad pointed out that about 25% of Lakeview Hospital's
business comes across the bridge and routing people to Hudson might have a dramatic impact
on Lakeview and that no town wants to lose its hospital.
Councilmember Menikheim indicated he thought it was important to pass the resolution in order
to get communities reengaged in the discussion.
Motion by Councilmember Polehna, second by Mayor Harycki, to approve the resolution in support
of construction of a new bridge.
Councilmember Menikheim suggested adding language regarding the existing bridge having a
limited safe life span and language related to the tremendous increase in traffic over the years.
Motion by Councilmember Polehna to rescind his motion pending the addition of language as
suggested by Councilmember Menikheim; Mayor Harycki rescinded his second.
Possible accepting of bids and awarding contract for Sewer Lining Project
Public Works Director Sanders reviewed the bids, with the low bid submitted by Birchfield
Construction at $540,000; he explained that the bid also includes some work at the Nelson lift
station. He reported the City received a grant of $106,000 and can use some of the DNR grant
money for the flood project so the overall project cost could be less than $200,000 in City funds.
He reported that there is money in the Capital Outlay Fund to pay for the project.
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City Council Meeting
March 15, 2011
Motion by Councilmember Polehna, seconded by Councilmember Cook, to adopt Resolution 2011-
46, accepting bid and awarding contract for sewer interceptor II rehabilitation project (Project 2010-
08).
Ayes: Councilmembers Cook, Menikheim, Polehna and Mayor Harycki
Nays: None
Possible approval of resolution approving the updated 2011 Emergency Operations Plan
for the City Of Stillwater
Police Chief Gannaway explained that the original plan was adopted in 2003 and needed some
updating; primarily phone numbers and contact information.
Councilmember Menikheim inquired if the emergency operations center was up and running,
and Chief Gannaway responded that the center will be staffed during the day when the flood
levee is built; if the water goes higher than projected, it likely will be staffed around the clock.
Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to Resolution 2011-
47, approving the updated 2011 Emergency Operations Plan for the City of Stillwater.
Ayes: Councilmembers Cook, Menikheim, Polehna and Mayor Harycki
Nays: None
COUNCIL REQUEST ITEMS
Councilmember Cook asked about the status of the social host ordinance; and City Attorney
Magnuson replied that a draft should be ready for the next Council meeting.
Councilmember Cook confirmed that the spring plantings in the downtown area would take
place.
Councilmember Polehna reported that he had been told that an economic development plan was
prepared several years ago by a number of bankers, business owners and consultant. He inquired
what happened to the plan; and Community Development Director Turnblad stated he was not
aware of the plan but would check records.
Councilmember Menikheim added that several action items resulted from a recent meeting with
General Kelley and neighbors of the armory site: a bus tour of armory facilities and having a
strategic meeting with Council and armory staff prior to beginning the planning phase. He
suggested these items be posted on the web page.
STAFF REPORTS (CONTINUED)
Public Works Director Sanders reminded the Council that a joint meeting with the Brown's
Creek Watershed District and Middle St. Croix WMO would take place at the April 5 4:30
p.m. meeting.
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City Council Meeting
ADJOURNMENT
March 15, 2011
Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adjo at
9:10 p.m. All in favor. _--
ATTEST:
r �2
Larry D. HJnsen, Acting City Clerk
Resolution 2011 -42, directing the Payment of Bills
Resolution 2011 -43, Approving transfer of ownership of the On -Sale and Sunday Liquor
Licenses from Stillwater Kitchens, LLC; DBA Kitchen in Stillwater, to Shanghai
Stillwater, LLC, DBA Shanghai Bistro
Resolution 2011 -44, ordering improvement and preparation of plans & specifications for
the 2011 Street Improvement Project (Project 2011 -02)
Resolution 2011 -45, approving certificate of termination and release with Lanoga
Corporation
Resolution 2011 -46, accepting bid and awarding contract for Sewer Interceptor II
Rehabilitation Project (Project 2010 -08)
Resolution 2011 -47, approving the updated 2011 Emergency Operations Plan for the City
of Stillwater
Aik
Ordinance 1027, Amending the Stillwater City Code, Section 31 -1, Subdivision 5
Entitled Establishment of Districts (Kaufman — Nelson at 1754 and 1650
Washington Avenue)
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