Loading...
HomeMy WebLinkAbout2011-05-17 CC MIN4 g*a . 1& ... �.....L1 CE Yf ■........ CITY COUNCIL MEETING May 17, 2011 REGULAR MEETING Mayor Harycki called the 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 Planner Pogge Finance Director Harrison Fire Chef Glaser Police Chief Gannaway Public Works Director Sanders Assistant City Engineer Kraftson City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES 7:00 P.M. Motion by Councilmember Cook, seconded by Councilmember Roush to approve the May 3, 2011, regular and recessed minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Library Board Annual Report Ned Gordon, president of the Library Board of Trustees, highlighted some of the material in the Library's annual report, including figures related to usage of library services. He briefly spoke of the new long -range plan that will guide the development of the services, collections and programs for the next five years. He spoke of the support of the Stillwater Public Library Foundation and the Friends of Stillwater Public Library, which has allowed the Library to do things it otherwise wouldn't be able to do in these times of budgetary constraints. Lynne Bertalmio, Library Director, spoke of the growing area of electronic media services as well as facility rentals. Mr. Gordon thanked the Council for its continued support. City Council Meeting Yellow Ribbon Awards May 17, 2011 Councilmember Polehna recognized Pete Orput, Washington County Attorney, as being the first Yellow Ribbon volunteer honored by the Minnesota Twins. Councilmember Polehna presented Mr. Orput with a Council Service Award expressing appreciation to him for his efforts on behalf of the Yellow Ribbon activities, along with his efforts in this spring's flood control efforts. Mr. Orput spoke briefly of the need to assist returning veterans who are suffering from post traumatic stress syndrome; he also recognized the efforts of Councilmember Polehna on behalf of the Yellow Ribbon Committee and thanked the Council for the honor. Councilmember Polehna also recognized Dick and Judy Anderson of St. Croix Boat and Packet for their support of the Yellow Ribbon program and will present them with a Council Service Award. OPEN FORUM No public comments STAFF REPORTS Fire Chief Glaser provided an update on recent activities, including a fire north of town and a mutual aid response to Lake Elmo. He referred to his memo regarding staffing issues due to resignations and retirements. He noted there are currently six paid on -call vacancies and 1 paid fulltime staff vacancy, with an additional 8 who are eligible to retire. Chief Glaser pointed out that personnel is the department's biggest investment and it will not be inexpensive to fill these positions. On a question by Mayor Harycki, Chief Glaser stated other cities are experiencing similar staff shortages. He suggested that the time commitment for the on -call staff is a reason for the resignations. On a question by Councilmember Cook, Chief Glaser stated that he has spoken with a number of other departments regarding options for dealing with the staffing shortages and that many of the departments are going to more paid on -call duty shifts, but he noted there is some cost involved in that. Councilmember Roush spoke of the possibility of utilizing cross - trained police officers; Chief Glaser informed the Council that it is currently not allowed by the City's personnel policy. Councilmember Polehna suggested looking at Bloomington, which utilizes an all- volunteer fire department. Councilmember Menikheim suggested looking at other models and reporting back to the Council. Page 2 of 17 City Council Meeting May 17, 2011 Councilmember Polehna asked about preparations in the event of a collapse of the bridge; he suggested there out to be a plan for that emergency. Chief Glaser reviewed what course of action the department would take in the event of that occurrence. City Clerk Ward reported that the annual hazardous waste collection went well, with 4 semi trailers filled with electronics and over 8,000 pounds of paper shredded. She informed residents and Council that they would be receiving a mailing regarding residential and curb- side recycling. Community Development Director Turnblad informed the Council that the City had received 7 applications for about $300,000 worth of work for its new downtown fagade program. He noted that each of the 7 projects will be reviewed by the Heritage Preservation Commission for recommendation and priority ranking for funding. Mr. Turnblad also noted the new equipment in the parking ramp is up and running. Public Works Director Sanders said the Middle St. Croix Water Management Organization has received a $20,000 grant for some rain garden installations. He stated that some of the money will be used to incorporate rain gardens in this year's street project, and the Watershed will do some additional work with residents in the McKusick Lake sub - watershed on the installation of rain gardens. Mr. Sanders noted recycling receptacles will be placed in some parks and athletic fields this summer. He also informed the Council that a resident has donated some money to the City to purchase 160 tons of gravel for the trolley car trail on the south side of Lake McKusick and that work was done the week prior to the Council meeting. Residents in the Millbrook development have donated money to purchase trees for the Millbrook park area and that money is being used to transplant pine trees from the land the City purchased on Boutwell Road to serve as a windbreak for the Millbrook Park. City Administrator Hansen reported that the Library stairs will be repaired; the City received an insurance settlement to pay for the full amount. CONSENT AGENDA 1. Resolution 2011 -75, directing payment of bills 2. Possible approval of fireworks permits for Target & Cub Foods 3. Possible approval of 800mhz self insurance program 4. Possible approval to subscribe to "Constant Contact" email management system for Electronic Newsletter 5. Resolution 2011 -76, approving the 2011 Service Agreement for water monitoring with the Washington County Conservation District for Lily Lake and Jaycee ball fields 6. Board of Water Commissioners Financial Statement Motion by Councilmember Roush, seconded by Councilmember Polehna to approve the Consent Agenda as submitted. Councilmember Cook stated she will be voting no due to an issue she has with one of the bills listed on the list of bills. She stated that she is not voting against the other items on the consent agenda. Page 3 of 17 City Council Meeting May 17, 2011 City Administrator Hansen noted the Board of Water Commissioners financial statement is included in the Consent Agenda which he had reviewed the statement and found nothing unusual or out of line with the statement. Ayes: Councilmembers Menikheim, Polehna, Roush and Mayor Harycki Nays: Councilmember Cook PUBLIC HEARINGS This is the date and time for a public hearing to consider the issuance of a new Wine & Strong Beer license to Chilkoot Cafe & Cyclery LLC• DBA• Chilkoot Cafe & Cyclery located at 826 4 Street S. Notice was published in the Stillwater Gazette on May 5 2011 Lee Styl Michael Noer, applicants. City Clerk Ward noted that approval should be contingent on approval of fire, police, finance, and building departments and Minnesota Liquor Control. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Councilmember Roush asked if there was any relationship between this business and the Bikery across the street; Ms. Ward stated they are two separate businesses. Motion by Councilmember Roush, seconded by Councilmember Menikheim to adopt Resolution 2011 -77, approving the issuance of a new wine and strong beer liquor license to Chilkoot Cafe & Cyclery, LLC; DBA: Chilkoot Cafe & Cyclery. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Case No. 2011 -06. This is the date and time for a public hearing to consider an appeal of the Planning Commission's decision for an after - the -fact variance to the minimum side yard setback (5 feet required/2.5 feet requested) for an attached deck and stairway. Notice was mailed to affected property owners and published in the Stillwater Gazette on April 8 2011. Community Development Director Turnblad noted this was tabled pending the Governor's signature of a bill related to the issuance of variances, which has occurred. Mayor Harycki opened the public hearing. David Hanley, 702 Churchill St. W., owner of the property in question, stated he and his wife had met with the adjacent property owner and Councilmember Menikheim to resolve the issues; he expressed his appreciation for Councilmember Menikheim's involvement. No other comments were received, and the hearing was closed. Councilmember Menikheim Page 4 of 17 City Council Meeting May 17, 2011 asked whether building a privacy fence is a major or minor revision; Mr. Turnblad stated the fence meets all standards and doesn't impact the variance. Mr. Pogge noted that a fence permit has been issued, per the discussion at the mediation meeting. Motion by Councilmember Menikheim, seconded by Councilmember Polehna to adopt Resolution 2011 -78, approving a variance for property located at 702 Churchill St W. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Case No. 2011 -10. This is the date and time for a public hearing to consider a request from BWBR, Steve Erickson, representing Stillwater Area Public School District for a Special Use Permit for an Early Childhood Education facility on the Stillwater Junior High School property located at 523 Marsh St. W. in the RB, Two Family Residential District. Community Development Director reviewed the request and his memo. He noted two issues, traffic impact and parking, has resulted in much discussion and consultant review and analysis. He reviewed the traffic study conducted by the School District's traffic consultant, SRF, which indicated the additional traffic generated by maximum enrollment at the early childhood education facility will have relatively minimal impact on existing traffic levels; he noted that the traffic consultant and City engineering staff found that the additional traffic will not impact the existing infrastructure or require any changes to existing intersection management. He also reviewed parking spaces /needs and stated the School District has agreed to a condition that evening events will not be scheduled at the early childhood education facility when there is a major event at the junior high. He noted that the Planning Commission had recommended approval, as conditioned. Councilmember Roush asked about possible noise from HVAC units and exterior lighting; Mr. Turnblad acknowledged that HVAC units are located inside the building and exterior lighting is recessed above entrances and exits. Mayor Harycki opened the public hearing. Ray Queener, assistant superintendent Stillwater Area School District, gave a Power Point presentation regarding the early childhood education program; the proposed new facility and program partners, Independent School District 916 and Courage St. Croix; site selection process and benefits of this site. He spoke to an existing berm and fence along one of the property lines and that a decision has not been made regarding what to do with the berm and fence, noting that it is the District's understanding the berm is part of a storm water diversion system and that the goal is to have a high quality landscaping look between the site and adjacent properties. Steve Erickson, BWBR, stated a number of comments received from neighbors and the Planning Commission have been incorporated into this plan, noting the parking lot has been reoriented to a north -south direction to provide abetter flow for both the junior high and the Page 5 of 17 City Council Meeting May 17, 2011 early childhood center, with some landscaping features added and handicapped parking spaces concentrated near the entrance to the early childhood education center. He briefly addressed setbacks and provided design drawings of the proposed building, noting that the goal was to make the building as friendly to the residential area as possible. Mayor Harycki opened the public hearing. Mary Lunzer, 516 W. Hancock, stated that she recognizes the need for the new facility, but said she is concerned about the impact of a new building of the proposed size. She said different numbers keep being provided regarding the traffic impact, noting they had been told that there will be a maximum of 85 students at the ECEF per day. She said 490 trips per day is a lot different than 400 students in a week. She suggested the traffic report was "frivolous." Robert Dombrowsky, 924 S. Seventh St., acknowledged that residents are not opposed to a new ECFC; they are opposed to taking up 45,000 square feet for a sprawled out building, rather than a more compact building or another location on the site where the building can be hidden from view. He provided photos of what residents deal with on a daily basis with the junior high school; he suggested the traffic study did not include an accurate count of the number of cars generated by the junior high. He talked about the future need for growth at the junior high. He also noted that there has been no mention of the fact that School District 916 and Courage Center will be busing their students to the facility. He informed the Council that the residents asked for a smaller footprint, but not one square inch has been taken off the building. He also noted two Planning Commissioners don't believe this site will meet future needs. He asked the Council to make the School District reconsider plans, with a different building size and different location on the campus. He also noted there is a petition of 75 people who are opposed to the plans. Later, he remarked that the streets in the area, specifically Hancock, are too narrow for a vehicle to pass if there is on- street parking on both sides of the street and said that is a safety factor for kids walking to the junior high, which is one more reason to consider moving the building to a different location. Mary Leogering, 418 S. Sixth St., stated her daughter is involved with the special education program at ECFE. She said a lot of the children, specifically the special education children, do come in buses, so students do not all arrive separately in cars. It was her opinion that the building plans looked very nice and that the building doesn't need to be hidden from view. She also noted that many of the clients of Courage Center will receive services while already at the ECFE facility, which doesn't involved another trip to the facility or impact the traffic. She noted this facility involves preschool -aged children and shouldn't impact property values. Joel Branjird, 1006 Seventh St. S., stated there is no other school located this close to residential housing, referring to Lily Lake, Oak Park and Stonebridge elementary schools. He asked about RB zoning. Mr. Turnblad explained that the RB zoning is residential, which allows for both single - family and duplex housing, with a smaller allowable lot size. Mr. Branjird questioned whether allowing this would undo a zoning district that is already in place, allowing something the zoning district was intended to prevent. Mr. Turnblad explained that the principal use in the RB district is single - family or duplex but there are Page 6 of 17 City Council Meeting May 17, 2011 other uses permitted in every zoning district by special use permit, including schools. Mr. Turnblad stated the special use permit isn't really about the size of a building, but how the building impacts the neighborhood. Mr. Branjird felt the size of the building is making a great impact on the neighborhood and is already adding on to the largest student body in town and that this neighborhood is already at a level that is greater than other neighborhoods where schools are located. No other comments were received, and the hearing was closed. Councilmember Roush asked about plans for expansion and future growth. Mr. Queener noted the School District had just done a comprehensive boundary adjustment for all of the elementary and junior high schools, noting that the major growth is expected in the Lake Elmo /Woodbury area. He said the District is not anticipating a significant growth at Stillwater Junior High and that the overall the District is experiencing a decline in its student population. In terms of the early childhood center, Mr. Queener stated the District currently serves about 300 students at the center and is building space to accommodate growth to the 400 total that is talked about, which represents 85 students at any given time. He noted that the traffic counts represented vehicle trips, not the number of cars, and that the traffic counts did figure in all the traffic for Courage Center St. Croix and School District 916. Mr. Queener felt they were very liberal in their traffic projections, noting that they did not subtract any traffic that currently exists today that is using the athletic facility. He noted the Planning Commission had asked for an hour -by -hour analysis of the traffic, rather than total counts over a 24 -hour period, which was done on the highest volume streets. Councilmember Cook asked about the percentage of children who arrive by bus; Mr. Queener responded that it is about 25 %. Councilmember Cook asked if the District had considered other locations on the site; Mr. Queener responded in the affirmative, noting that the area to the south and east was considered but that would take away the soccer practice field. Mr. Queener also pointed out that when the new bus turn - around was added, residents made it clear they wanted the hill to remain so that was eliminated as a possible site. Councilmember Polehna asked about a one -story versus two -story building. Mr. Queener responded that from a programming standpoint, the preference is for a one -story facility, even though it can work in a multi -level facility. He felt that the decision was made for a one -story building because it was it would be a better fit for the neighborhood. Councilmember Cook asked about the two dissenting votes on the Planning Commission. Mr. Turnblad said he thought both were basically about traffic and growth. There was additional discussion about growth projections. Jeff Bednar, SRF traffic consultants, spoke to the 490 trip projection, noting that includes the existing 270 to 275 trips per day. He said the ECFE proposal will generate 370 trips, with the additional trips generated by Courage St. Croix and District, with some service deliveries. He Page 7 of 17 City Council Meeting May 17, 2011 also addressed impacts on Hancock. He noted the largest identified impact is on Holcombe, with a projected 35 additional trips during the 11 a.m. to noon hour. Councilmember Menikheim talked of his involvement with this issue on the Planning Commission and in talking with residents. He noted this is a difficult situation for the neighbors but also spoke of the greater good and the need for ECFE programming. Councilmember Menikheim felt that the School District has attempted to address residents' concerns. Motion by Councilmember Menikheim seconded by Councilmember Polehna to adopt Resolution 2011 -79, approving Special Use Permit for Stillwater Area School District's Early Childhood Family Center on the Stillwater Jr High School property. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Possible approval of 2 nd reading for Ordinance 1030, an Ordinance amending the Stillwater City Code Chapter 31, entitled Zoning Ordinance by adding `Early Childhood Education" in the RB, two-family zoning district as a Specially Permitted Use This was moved up in the agenda and considered immediately after the special use permit for the early childhood education center. Mr. Turnblad noted there are no changes from the first reading. Mr. Magnuson said he would have advised that this amendment is not necessary as primary and secondary schools are already allowed by special use permit and an early childhood education facility, in his opinion, is a primary school. Motion by Councilmember Polehna, seconded by Councilmember Roush to adopt Ordinance 1030, an Ordinance amending the Stillwater City Code Chapter 31, entitled Zoning Ordinance by adding "Early Childhood Education" in the RB, two - family zoning district as a Specially Permitted Use. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None This is the date and time for the public hearing for public relating to its Storm Water Pollution Prevention Plan ( SWPPP). The SWPPP was prepared to address the requirements of the Municipal Separate Storm Sewer (MS4) General Permit. This hearing will consist of an overview of the SWPPP that was approved on December 28, 2007 and the activities completed in 2010. Written and oral comments received before or during the meeting will be considered as the City prepares its Annual Report to the Minnesota Pollution Control Agency on its SWPPP. Notice was published in the Stillwater Gazette on April 8, 2011. Assistant City Engineer Kraftson noted this is a requirement of the MS4 permit. He reviewed the 7 parts to the permit and how the City complies with the requirements. He stated a major activity for the City is pollution prevention and good housekeeping, including a commitment to do street sweeping at least twice a year and more often in areas around lakes, along with Page 8of17 City Council Meeting May 17, 2011 annual inspection of all storm sewer devices, including inspections of ponding areas and outfalls. He also addressed activities related to restricted waters and trout waters. He noted the City was the recipient of the Blue Star award given to cities that excel in storm water management and going above and beyond what is required. He also spoke to upcoming required activities, including an inventory of all ponds. He noted the current MS4 permit expires this year and it is unclear what the new permit may involve. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. No action was taken. Councilmember Polehna congratulated the Public Works staff on a job well done. Case No. 2011 -04. This is the date and time for a public hearing to consider both: 1) rezoning of properties that are inconsistent with the 2030 Comprehensive Plan, and 2) possible adoption of an ordinance creating a new zoning district to be known as the PROS (Park, Recreation or Open Space) Zoning District. Notices were mailed to affected property owners and published in the Stillwater Gazette on April 1, 2011. (1 reading - 3 Ordinances — Roll Call) Community Development Director noted these actions are necessary to correct inconsistencies in zoning with the 2030 Comprehensive Plan land use map. He noted most of the properties proposed to be rezoned are related to the new park, recreation, open space district. He stated that a number of neighborhood meetings were held; if a property owner objected to the rezoning, an alternate solution has been found. He continued by stating that another ordinance is needed for nine properties that will require a special use permit for the proposed rezoning. He reviewed the ordinance creating the new park, recreation, open space (PROS) zoning district; he said the new zoning district is intended to add another layer of protection to current park, recreation, open space uses which are currently zoned anything from commercial to residential. He said the Planning Commission, Joint Board and Parks Commission all reviewed the proposed ordinances and are recommending approval. Mayor Harycki opened the public hearing. No comments were received and the hearing was closed. On a question by Councilmember Cook, Mr. Turnblad stated the public meetings were well attended and either people were comfortable with their proposed rezoning or their properties were removed from the rezoning and will be dealt with separately as part of a public hearing process in the future. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, moved for the first reading of Ordinance 1032 creating the new PROS zoning district. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Councilmember Polehna, seconded by Councilmember Roush, moved for the first reading the Ordinance 1033 rezoning 369 properties to the PROS district. Page 9 of 17 City Council Meeting May 17, 2011 Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Councilmember Polehna, seconded by Councilmember Menikheim, moved for the first reading of the Ordinance 1034 for the rezoning of the nine properties that will require special use permits. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None UNFINISHED BUSINESS Pedestrian Walkway, Restroom Design Bill Hickey, design consultant, presented three concept designs for the restroom facility. He noted the square footage has been increased to 659 square feet, which will require a variance from the DNR. He reviewed the concepts by stated that Concept A represents a gable form with some prominent dormers, noting the use of windows brings daylight into the restrooms and also acts as a security feature. The materials are primary brick masonry shell, with some accents, copper trim on the dormer and wood shake roof and that the roof pitch is about the same as the gazebo. He noted that the Council could mix and match elements from the concept designs if it desired. Concept B, he explained, is a steeper roof form, mindful of some of the old rail buildings, with big dormer to bring daylight in and break up the mass of the roof. Concept B also has a primarily brick exterior with composite trim pieces and possibly a metal roof, he. Concept C represents a more park Victorian design, with stone exterior; he suggested this design is a way to separate the building from downtown. He said Concept C has a rounded roof form, with fish -scale copper shingles and false chimney to bring daylight in. He said all concepts provide opportunity for some simple but effective detailing, such as the frieze work. He provided perspectives of the concepts as viewed from the amphitheater looking up Commercial Street. He provided cost estimates for the three concepts, with Concept A about $231,000, Concept B about $268,000 and Concept C about $300,000. Councilmember Roush commented that from a straw poll when the concepts were handed out, it appears the overwhelming majority of the Council favors Concept A, with the only disagreement on roofing material. He stated he could live with Concept A as is but really liked the frieze element from Concept A. Mayor Harycki responded that he favored Concept A due to the lower roof, but agreed he liked the frieze if it could be worked into Concept A. Councilmember Roush said he thought Concept A was the perfect transition between the commercial Victorian and the park Victorian styles. Page 10 of 17 City Council Meeting May 17, 2011 Councilmember Cook asked about the material of the frieze; Mr. Hickey reviewed the material and explained how the frieze could be incorporated into Concept A. Councilmember Roush asked about the cost discrepancies; Mr. Hickey explained that is due to the use of limestone and the ornamental copper roof as well as the curved form of Concept C. Councilmember Cook and Menikheim spoke in favor of Concept A, with the trim from Concept B. Councilmember Polehna agreed with that opinion. Councilmember Cook asked about the idea of having the restroom also serve as a bus shelter area; Mr. Hickey said there is a generous overhang in front to act as a bus shelter. Possible first reading of an ordinance prohibiting fishing from the Stillwater Lift Bridge Mayor Harycki explained this ordinance is the result of a request from the operator of the gondolas. He explained that in order to have the signage prohibiting fishing, MnDOT requires that the City pass an ordinance to that effect. Mr. Magnuson noted the City already has an ordinance dealing with the St. Croix waterfront and this could be added as an element of that ordinance and in accordance to that ordinance, violations are a misdemeanor. Councilmember Polehna wondered why this is necessary; Mayor Harycki responded that fishing represents a hazard to boaters. Motion by Mayor Harycki, seconded by Councilmember Roush to approve the first reading of Ordinance 1035, prohibiting fishing from the Stillwater Lift Bridge. Ayes: Councilmembers Cook, Menikheim, Roush and Mayor Harycki Nays: Councilmember Polehna Possible approval of 2nd reading for Ordinance 1031 an Ordinance amending the Stillwater City Code Chapter 31, entitled Zoning Ordinance "CTR- Cove Traditional Residential District" related garages Mr. Turnblad noted no changes were made since the first reading. Motion by Councilmember Roush, seconded by Councilmember Menikheim to adopt Ordinance 1031, an Ordinance amending the Stillwater City Code Chapter 31, entitled Zoning Ordinance "CTR- Cove Traditional Residential District" related garages. Councilmember Cook noted her vote is not against this particular project but about the fact this ordinance makes an exception for one garage; she wondered if this couldn't be accomplished in a way other than changing the ordinance. Planner Pogge noted consideration had been given to how the ordinance may affect other properties in the future, which is why the entire section on garage setbacks was rewritten. Page 11 of 17 City Council Meeting May 17, 2011 Currently, the ordinance includes a 30% prohibition on garages forward of the six -foot setback from the front of the house or porch; that has been increased to 40% but part of that 40% is restricted to a lesser setback than a side - loaded garage would normally be, so it is actually more restrictive that is currently allowed. Ayes: Councilmembers Menikheim, Polehna, Roush and Mayor Harycki Nays: Councilmember Cook NEW BUSINESS Possible approval to purchase router replacement MIS Specialist Holman asked for approval to purchase two new routers for the connection between the Public Works building and City Hall. She informed the Council that the current routers are very slow and information is being dropped. She stated that the purchase has been budgeted for the last several years. Motion by Councilmember Roush, seconded by Councilmember Polehna to approve the requested purchase. All in favor. Discussion on Special Event fees City Administrator Hansen stated he has received a number of complaints regarding the fees and that staff wants to be sure they are doing what the Council wants regarding the fees. He said the fees are being charged according to the special events policy, but noted this has been somewhat controversial. City Clerk Ward stated the fees are charged whenever an event makes use of City equipment; the fees are charged whether or not a contract is involved. Councilmember Cook felt that the fees were not prohibitive and noted the fees are included in the instructions with the event application. Ms. Ward noted that an applicant can bring their own equipment, such as barricades or trash receptacles, in which case there would be no charge. Councilmember Cook said it was understood the fees are a way to compensate for use of City property so taxpayer money isn't subsidizing special events and that the goal was to achieve consistency and fairness for event promoters as well as residents. Councilmember Menikheim asked about the possibility of phasing the fees in over several years. Todd Streeter, executive director of the Chamber, noted special events make up a big part of the Chamber's budget and activities. He stated some events are a fundraising tool to enable the Chamber to continue its programs, and other events are intended to be community Page 12 of 17 City Council Meeting May 17, 2011 oriented. He used the car show as an example, noting that event is not intended as a fundraiser — it is intended to bring people downtown to patronize local businesses and build consumer traffic. He said the car show is light on the budget, light on revenue and said it was a challenge to try to understand the new permitting process. He said the fees are a challenge as the Chamber is trying to address some financial challenges itself. He would hope there is flexibility from Council to address the needs that Chamber has at this time. Councilmember Cook pointed out that the former Chamber executive director was a very active member of the special events task force and supported the recommendations of the task force. Councilmember Polehna pointed out applicants don't have to use City services and that he didn't think it fair for taxpayers to have to foot the bill for everything and noted the City went through the process to try to make fees equitable and fair. Councilmember Cook pointed out the first bill for the car show included the fee for parking spaces and it was understood that was going to come back to Council to review on a case by case basis. City Clerk Ward reviewed the total charges for the car show would $1352 for the outlets, barricades and trash receptacles, plus a parking fee of $650 and that the bill was reduced by $624 by eliminating the use of City trash receptacles with the Chamber providing the receptacles. Mayor Harycki noted that bill amounts to about $150 per day for the event. Regarding the spring art fair, Mr. Streeter said the charge is about $3,600 for parking. City Clerk Ward pointed out the Council has not even approved the contract for the spring art fair; and that the Downtown Parking Commission recommended a charge of $3,627 for the parking spaces. Ms. Ward informed the Council that the Parks Commission approved the contract as written, with a park usage fee of $500 and damage deposit of $250 and that those fees have been in the contract for many years. Ms. Ward stated that use of City barricades and power outlets would be an additional charge of $158 and Council determines the parking fee. Mr. Streeter said the primary question is with the parking fee. Possible approval of Rivertown Art Fair Event & Contract City Attorney Magnuson said with the exception of the parking fee, this contract is very similar to the previous contract. Mr. Turnblad reviewed the parking lots that the event will be utilizing. In discussion of the parking fee, Mayor Harycki suggested utilizing some signage to direct people to the parking ramp so that revenue could offset revenue lost by the event's utilization of the downtown parking lots; he suggested looking at a reduced parking fee on a trial basis to see if people will utilize the parking ramp. Page 13 of 17 City Council Meeting May 17, 2011 Mr. Streeter said he was sure the event promoter would be happy to work with staff to encourage the use of the parking ramp. Councilmember Cook noted that is similar to the City's arrangement with the bike race. Councilmember Polehna stated that he would be comfortable with forgoing the fee for the use of the free parking lots however he felt the City should be compensated for the use of the pay parking lot. Councilmember Roush cautioned against setting precedent. Mayor Harycki pointed out the events where the parking fees have been reduced are contract events that are negotiated separately. Councilmember Menikheim suggested being consistent in easing into the fees. There was additional discussion regarding the possible fee for the use of the pay parking lot. Councilmember Cook noted the special events task force did not take a position regarding the parking fee issue, deferring to the Downtown Parking Commission; with the understanding there would be discussion with the Council as a whole. Police Chief Gannaway said the Parking Commission is fairly adamant that they at least recoup the revenue from the pay lots; he noted that revenue goes to improve the lots and pay salaries for parking enforcement. Councilmember Cook suggested there should be some compromise on the parking fee since the Council had negotiated that fee with the bike race and car show. After additional discussion, Councilmember Menikheim suggested reducing the parking fee by $1,354, a figure utilized by staff in its recommended fee, for a total parking fee of $2,313. Motion by Councilmember Menikheim, seconded by Councilmember Cook to adopt Resolution 2011 -80, approving 2011 Rivertown Art Festival Agreement, with a fee of $2,313 for parking, plus the park use fee and equipment use fee. Councilmember Roush stated that he would be voting to approve, but felt the parking fee should be $3,627 as recommended by staff. Ayes: Councilmembers Cook, Menikheim, Roush and Mayor Harycki Nays: Councilmember Polehna Mayor Harycki asked Mr. Turnblad if he would be able to track parking ramp usage for the spring art fair and the bike race; Mr. Turnblad that could be done if notified in advance. Page 14 of 17 City Council Meeting Possible approval of Let's Go Fishing_ Special Event May 17, 2011 City Clerk Ward reviewed the request and recommended fee of $120 for two portable restrooms if supplied by the City. On a question by Mayor Harycki, Ms. Ward said the applicant has been informed of the fee. Motion by Councilmember Menikheim, seconded by Councilmember Polehna to approve the event. All in favor. Councilmember Cook suggested that the fees be added to the application itself, as well as included in the instructions for application. Possible receipt of bids and awarding contract for 2011 Street Improvement Project Public Works Director Sanders stated bids were opened the Thursday prior to the Council meeting. He acknowledged that two bids were received, with the low bid submitted by Hardrives Inc. at a cost of $1,529,353, compared to the engineer's estimate of $1,650,000. Motion by Councilmember Roush, seconded by Councilmember Polehna to adopt Resolution 2011 -81, accepting bids and awarding contract for 2011 Street Improvement Project (Project 2011 -02). On a question by Mayor Harycki, Mr. Sanders stated the low bid will allow some additional work and staff suggested the addition of mill and overlay for Meadowview Drive/West Stillwater. Mr. Sanders said that the additional work would have to go through the public improvement process but the project is so small, that could be accomplished in a relatively short time. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Motion by Councilmembers Roush, seconded by Councilmember Polehna, Resolution 2011 -82, ordering feasibility report for 2011 Street Improvement Project (Project 2011 -02), Meadowview Drive/West Stillwater mill and overlay work. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Possible approval of Elevator Contract for City Hall, Parking Ramp, and Public Works Planner Pogge reviewed the proposed contract for service to the elevators at City Hall, the parking ramp and Public Works building. He informed the Council that since the elevator at the parking ramp is now outside its one -year warranty, staff reviewed its service contracts for all elevators and solicited bids for service. He stated that bids were fairly competitive. He noted that the City currently has a contract with Otis Elevator to service the elevator at City Page 15of17 City Council Meeting May 17, 2011 Hall for $5,410 per year which runs through February 2013. He stated Otis, if awarded this new contract for $13,125 to service all three elevators, has agreed to go to the new contract price of $1,440 per year and also credit the City for $3,381 for the amount prepaid under the old contract for the City Hall elevator. Considering those factors, Otis Elevator submitted the overall low bid. City Administrator Hansen acknowledged the good work done by Mr. Pogge in soliciting this contract. Motion by Councilmember Cook, seconded by Councilmember Menikheim to adopt Resolution 2011 -83, approval of elevator contract for City Hall, parking ramp, and Public Works. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Possible approval of donation of equipment to Scandia Fire Department Chief Glaser said the department has some dive equipment that no longer fits into its system and has to opportunity to donate that equipment to the Scandia Fire Department for its dive team operations. On a question by Councilmember Roush, Chief Glaser stated that the request is to donate the equipment, rather than sell it, because Scandia is a member of the County's dive team and the donation will keep the equipment within the County system. Motion by Councilmember Roush, seconded by Councilmember Cook to adopt Resolution 2011 -84, approving donation of equipment to Scandia Fire Department, Bill of Sale, Indemnity and Hold Harmless Agreement. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None COUNCIL REQUEST ITEMS Councilmember Menikheim provided a schedule for the armory tour set for May 25. He said the information should be put on the City's web page to determine interest in participation. Mayor Harycki noted Stillwater Township has expressed interested in participating and suggested that Township Supervisor Dave Johnson be contacted. Councilmember Polehna stated the Parks Commission also has expressed interest in the tour. Mayor Harycki noted the tour will have to be published according to the Open Meeting law. Councilmember Menikheim stated that he would be meeting with Kevin Anderson of the Army Corps of Engineers to get the Corps' perspective of the levee. Page 16 of 17 City Council Meeting May 17, 2011 It was noted the Council retreat is scheduled for May 20 beginning at 7:30 a.m. Mayor Harycki acknowledged the work of staff to go to the Constant Contact system to replace e -mail. City Clerk Ward responded that is due to the effort of Ms. Holman. ADJOURNMENT Motion by Councilmember Roush, seconded by Councilmember Polehna to adjourn at 10:55 p.m. All in favor. AT ST: l4ltz / t � �� Z 4 61x, Diane F. Ward, City Clerk Resolution 2011 -75, directing payment of bills Resolution 2011 -76, approving the 2011 Service Agreement for water monitoring with the Washington County Conservation District for Lily Lake and Jaycee ball fields Resolution 2011 -77, approving the issuance of a new wine and strong beer liquor license to Chilkoot Cafe & Cyclery, LLC; DBA: Chilkoot Cafe & Cyclery Resolution 2011 -79, approving Special Use Permit for Stillwater Area School District's Early Childhood Family Center on the Stillwater Jr High School property Resolution 2011 -78, approving a variance for property located at 702 Churchill St W Resolution 2011 -80, approving 2011 Rivertown Art Festival Agreement Resolution 2011 -81, accepting bids and awarding contract for 2011 Street Improvement Project (Project 2011 -02) Resolution 2011 -82, ordering feasibility report for 2011 Street Improvement Project (Project 2011 -02), Resolution 2011 -83, approval of elevator contract for City Hall, parking ramp, and Public Works Resolution 2011 -84, approving donation of equipment to Scandia Fire Department, Bill of Sale, Indemnity and Hold Harmless Agreement Ordinance 1030, an Ordinance amending the Stillwater City Code Chapter 31, entitled Zoning Ordinance by adding "Early Childhood Education" in the RB, two - family zoning district as a Specially Permitted Use Ordinance 1031, an Ordinance amending the Stillwater City Code Chapter 31, entitled Zoning Ordinance "CTR- Cove Traditional Residential District" related garages. Page 17 of 17